Terms and Service
Terms of service
Last updated: September 26, 2023
Throughout the Website, the term “we”, “us”, and “our” refer to Avanto Cold Tubs. By visiting the Website or purchasing any
product we offer for sale on the Website (the “Product”), you agree to be bound by the following terms and conditions (the
“Terms”):
1. WARNING REGARDING THE USE OF ELECTRIC EQUIPMENT . WHEN WATER COMES INTO
CONTACT WITH ELECTRICITY, IT BECOMES EXTREMELY HAZARDOUS AND CAN CAUSE SHORT
CIRCUITS, SHOCKS, ELECTROCUTION, AND EVEN FIRES. ELECTRIC APPLIANCES, EQUIPMENT,
AND CORDS SHOULD BE KEPT AT LEAST SIX (6) FEET AWAY FROM ANY AMOUNT OF WATER. YOU
AGREE (i) TO NOT USE ANY ELECTRIC EQUIPMENT THAT WE SELL TO YOU WITHIN SIX (6) FEET OF
ANY WATER, (ii) TO NOT USE THE ELECTRIC EQUIPMENT IN AN AREA THAT MAY CAUSE THE
ELECTRIC EQUIPMENT TO GET WET, SUCH AS AN OUTDOOR SPACE WITH NO OVERHANG THAT
PREVENTS THE ELECTRIC EQUIPMENT FROM GETTING WET FROM RAIN, AND (iii) TO TAKE THE
NECESSARY PRECAUTIONS TO MAKE SURE THAT WATER DOES NOT REACH THE ELECTRIC
EQUIPMENT OR ANY ELECTRICITY-DELIVERING CORDS OR WIRES THAT SUPPLY ELECTRICITY TO
THE ELECTRIC EQUIPMENT.
2. WARNING REGARDING THE USE OF ICE BATHS . YOU AGREE THAT YOUR UTILIZATION OF
AN ICE BATH OR COLD PLUNGE INVOLVES RISKS OF BODILY INJURY AND THAT YOU FREELY
ACCEPT THOSE RISKS BY USING OUR ICE BATH PRODUCTS. PLEASE CONSULT A MEDICAL PROFESSIONAL BEFORE BUYING OR USING OUR PRODUCTS TO MAKE SURE THAT YOU ARE
Throughout the Website, the term “we”, “us”, and “our” refer to Avanto Cold Tubs. By visiting the Website or purchasing any
product we offer for sale on the Website (the “Product”), you agree to be bound by the following terms and conditions (the
“Terms”):
1. WARNING REGARDING THE USE OF ELECTRIC EQUIPMENT . WHEN WATER COMES INTO
CONTACT WITH ELECTRICITY, IT BECOMES EXTREMELY HAZARDOUS AND CAN CAUSE SHORT
CIRCUITS, SHOCKS, ELECTROCUTION, AND EVEN FIRES. ELECTRIC APPLIANCES, EQUIPMENT,
AND CORDS SHOULD BE KEPT AT LEAST SIX (6) FEET AWAY FROM ANY AMOUNT OF WATER. YOU
AGREE (i) TO NOT USE ANY ELECTRIC EQUIPMENT THAT WE SELL TO YOU WITHIN SIX (6) FEET OF
ANY WATER, (ii) TO NOT USE THE ELECTRIC EQUIPMENT IN AN AREA THAT MAY CAUSE THE
ELECTRIC EQUIPMENT TO GET WET, SUCH AS AN OUTDOOR SPACE WITH NO OVERHANG THAT
PREVENTS THE ELECTRIC EQUIPMENT FROM GETTING WET FROM RAIN, AND (iii) TO TAKE THE
NECESSARY PRECAUTIONS TO MAKE SURE THAT WATER DOES NOT REACH THE ELECTRIC
EQUIPMENT OR ANY ELECTRICITY-DELIVERING CORDS OR WIRES THAT SUPPLY ELECTRICITY TO
THE ELECTRIC EQUIPMENT.
2. WARNING REGARDING THE USE OF ICE BATHS . YOU AGREE THAT YOUR UTILIZATION OF
AN ICE BATH OR COLD PLUNGE INVOLVES RISKS OF BODILY INJURY AND THAT YOU FREELY
ACCEPT THOSE RISKS BY USING OUR ICE BATH PRODUCTS. PLEASE CONSULT A MEDICAL PROFESSIONAL BEFORE BUYING OR USING OUR PRODUCTS TO MAKE SURE THAT YOU ARE
HEALTHY ENOUGH TO UTILIZE OUR ICE BATHS.
3. Use of the Product. You agree to use the Product in accordance with any instructions and guidelines provided to
you and in accordance with their intended use. You agree to not hold us or any of our officers, directors, members,
contractors, employees, or affiliates responsible for any damages, injuries, or losses that result from any use of the Product
that do not comply with the instructions or guidelines provided or from any improper use of the Product.
4. Right to Reject Orders. Other than for reasons prohibited by law, we reserve the right to refuse or reject any
order for any of our products for any reason, including, but not limited to, a determination, in our sole judgment, that you
have engaged in or are engaging in the practice of “dropshipping”, that you are placing any order in bad faith, or that
selling a product to you may be against our business interests.
5. Order Cancellation. ALL SALES ARE FINAL. YOU CANNOT CANCEL YOUR ORDER AFTER IT HAS
BEEN PLACED. HOWEVER, WE RESERVE THE RIGHT TO EXERCISE DISCRETION ON ALL CANCELLATION
REQUESTS, INCLUDING THE CHARGING OF ANY RESTOCKING OR PROCESSING FEE BEFORE ANY
REQUEST IS APPROVED, IF AT ALL.
6. Products and Pricing. We may at our sole discretion from time to time remove from or add to the lineup of
products offered for sale on the Website. The prices shown on the Website for the products offered are subject to change at
our sole discretion at any time without notice. By placing an order, you agree to pay the specified price for each of the
ordered products along with any applicable taxes and shipping fees.
7. Payment Processing. We utilize a third-party processing company to process all payments for orders placed on
our site. By placing an order, you agree to contact the processing company first regarding any issues regarding your
payment and to not hold us accountable for any errors or damages related to the processing of your payment.
8. Shipping and Delivery. When you place an order and we process that order, we will provide you with an
estimated delivery timeframe. We will make every reasonable effort to deliver the Product to you within that timeframe.
However, we do not make any guarantees regarding the delivery date, and you agree to hold us harmless for any delays in
delivery caused by third-party carriers or by factors not within our control, including, but not limited to, issues with a
manufacturer or supplier. All orders will be shipped using the carrier of our choosing. It is your responsibility to provide
accurate and complete shipping information to ensure proper delivery. You agree to hold us harmless for any loss or
damage caused by any errors in the information needed to ship the Product to you. The risk of loss and title for physical
items purchased from us passes to you upon our physical delivery of the item to the carrier. At checkout, you are opted
into purchasing package protection through Route. By opting out of that protection, you agree that you will be responsible
for any loss, theft, or damage to the Product during transit.
9. Returns and Refunds. ALL SALES ARE FINAL. WE WILL NOT ISSUE REFUNDS. WE DO, HOWEVER,
RESERVE THE RIGHT TO EXERCISE DISCRETION ON ALL REFUND REQUESTS. If the issue you are
experiencing is issue covered under the 1-year manufacturer’s warranty and you wish to file a claim under the warranty,
we may assist you in filing a claim with the manufacturer for a replacement Product. However, you will still be
responsible for any and all costs and expenses not covered under the warranty. You understand and agree that if we assist
you in filing a claim, we are simply a third party providing assistance in filing a claim and do not provide any warranty
whatsoever regarding the Product.
10. No Promises or Warranties by Avanto Cold Tubs. Our ice-bath tubs and chillers come with a 1-year limited
manufacturer’s warranty. However, unless otherwise required by law, we provide the Product from the manufacturer “as
is” with “all faults” and disclaim any and all warranties, express or implied, regarding the Product including, but not
limited to, the warranties of merchantability and fitness for a particular purpose. We also do not guarantee that any
particular result can be achieved from the use of the Product. In addition, we do not guarantee that your access to the
Website will be uninterrupted or that your interactions on the Website, including the purchase of products, will be free of
any error or delay.
11. Indemnification. You agree to indemnify, defend, and hold harmless us and any of our parent companies,
subsidiaries, affiliates, partners, officers, directors, members, agents, contractors, and employees from any claim or
3. Use of the Product. You agree to use the Product in accordance with any instructions and guidelines provided to
you and in accordance with their intended use. You agree to not hold us or any of our officers, directors, members,
contractors, employees, or affiliates responsible for any damages, injuries, or losses that result from any use of the Product
that do not comply with the instructions or guidelines provided or from any improper use of the Product.
4. Right to Reject Orders. Other than for reasons prohibited by law, we reserve the right to refuse or reject any
order for any of our products for any reason, including, but not limited to, a determination, in our sole judgment, that you
have engaged in or are engaging in the practice of “dropshipping”, that you are placing any order in bad faith, or that
selling a product to you may be against our business interests.
5. Order Cancellation. ALL SALES ARE FINAL. YOU CANNOT CANCEL YOUR ORDER AFTER IT HAS
BEEN PLACED. HOWEVER, WE RESERVE THE RIGHT TO EXERCISE DISCRETION ON ALL CANCELLATION
REQUESTS, INCLUDING THE CHARGING OF ANY RESTOCKING OR PROCESSING FEE BEFORE ANY
REQUEST IS APPROVED, IF AT ALL.
6. Products and Pricing. We may at our sole discretion from time to time remove from or add to the lineup of
products offered for sale on the Website. The prices shown on the Website for the products offered are subject to change at
our sole discretion at any time without notice. By placing an order, you agree to pay the specified price for each of the
ordered products along with any applicable taxes and shipping fees.
7. Payment Processing. We utilize a third-party processing company to process all payments for orders placed on
our site. By placing an order, you agree to contact the processing company first regarding any issues regarding your
payment and to not hold us accountable for any errors or damages related to the processing of your payment.
8. Shipping and Delivery. When you place an order and we process that order, we will provide you with an
estimated delivery timeframe. We will make every reasonable effort to deliver the Product to you within that timeframe.
However, we do not make any guarantees regarding the delivery date, and you agree to hold us harmless for any delays in
delivery caused by third-party carriers or by factors not within our control, including, but not limited to, issues with a
manufacturer or supplier. All orders will be shipped using the carrier of our choosing. It is your responsibility to provide
accurate and complete shipping information to ensure proper delivery. You agree to hold us harmless for any loss or
damage caused by any errors in the information needed to ship the Product to you. The risk of loss and title for physical
items purchased from us passes to you upon our physical delivery of the item to the carrier. At checkout, you are opted
into purchasing package protection through Route. By opting out of that protection, you agree that you will be responsible
for any loss, theft, or damage to the Product during transit.
9. Returns and Refunds. ALL SALES ARE FINAL. WE WILL NOT ISSUE REFUNDS. WE DO, HOWEVER,
RESERVE THE RIGHT TO EXERCISE DISCRETION ON ALL REFUND REQUESTS. If the issue you are
experiencing is issue covered under the 1-year manufacturer’s warranty and you wish to file a claim under the warranty,
we may assist you in filing a claim with the manufacturer for a replacement Product. However, you will still be
responsible for any and all costs and expenses not covered under the warranty. You understand and agree that if we assist
you in filing a claim, we are simply a third party providing assistance in filing a claim and do not provide any warranty
whatsoever regarding the Product.
10. No Promises or Warranties by Avanto Cold Tubs. Our ice-bath tubs and chillers come with a 1-year limited
manufacturer’s warranty. However, unless otherwise required by law, we provide the Product from the manufacturer “as
is” with “all faults” and disclaim any and all warranties, express or implied, regarding the Product including, but not
limited to, the warranties of merchantability and fitness for a particular purpose. We also do not guarantee that any
particular result can be achieved from the use of the Product. In addition, we do not guarantee that your access to the
Website will be uninterrupted or that your interactions on the Website, including the purchase of products, will be free of
any error or delay.
11. Indemnification. You agree to indemnify, defend, and hold harmless us and any of our parent companies,
subsidiaries, affiliates, partners, officers, directors, members, agents, contractors, and employees from any claim or
demand, including attorneys’ fees, made by any third party due to your negligence, breach of any of the Terms, or your
violation of the law.
12. Viruses and Malware. We strongly recommend that you install appropriate defenses against viruses and other
malware before you click on any links or download any information from the Website. You visit our Website at your own
risk, and we are not responsible for any claim, loss, damage, costs, or expenses suffered or incurred by you or any third
party as a result of a virus or malware on the Website.
13. Intellectual Property. All rights to intellectual property related to the Website, its contents, or any of the
products on the Website, including, but not limited to, patents, trademarks, logos, copyright, designs, and texts are our
exclusive property. You may not use, reproduce, distribute, or modify any of our intellectual property without our prior
written consent.
14. Arbitration of Disputes.
a. Scope, governing rules . Any dispute, controversy, or claim arising out of or relating to the Terms, or the
breach thereof, or our products between you and us shall be determined by final and binding arbitration administered by
the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures
(“Commercial Rules”).
b. Authority of tribunal, judicial review . The award rendered by the arbitrators shall be final, non-
reviewable, non-appealable, and binding on the parties and may be entered and enforced in any court having jurisdiction,
and any court where a party or its assets is located, to whose jurisdiction the parties consent for the purposes of enforcing
the award. Judgment on the award shall be final and non-appealable.
c. Selection of tribunal . There shall be three arbitrators agreed to by the parties within thirty (30) days of
receipt by respondent[s] of the request for arbitration or, in default of such agreement, by the AAA.
d. Consolidation, joinder . If more than one arbitration is commenced under this Agreement and any party
contends that two or more arbitrations are substantially related and that the issues should be heard in one proceeding, the
arbitrators selected in the first-filed proceeding shall determine whether, in the interests of justice and efficiency, the
proceedings should be consolidated before those arbitrators.
e. Seat of arbitration, language . The seat or place of arbitration shall be Orlando, Florida. The arbitration
shall be conducted and the award shall be rendered in the English language.
f. Confidentiality . Except as may be required by law, neither a party nor the arbitrators may disclose the
existence, content, or results of any contemplated or commenced arbitration without the prior written consent of both
parties, unless to protect or pursue a legal right.
g. Remedies . The arbitrators will have no authority to award punitive damages or consequential damages.
15. Entire Agreement. The Terms and any policies or rules posted by us on the Website supersede any prior oral or
written agreement, communication, and proposal between you and us, including, but not limited to, any prior versions of
the Terms, and constitute the entire agreement and understanding between you and us regarding your visiting of the
Website or the purchase and use of any of the products we offer for sale on the Website.
16. Waiver. The delay or failure by us to exercise or enforce any right under the Terms shall not be construed as a
waiver of the right.
17. Governing Law. These Terms and any dispute between you and us are governed by and construed in accordance
with the laws of the State of Florida regardless of any conflict of laws principles. The venue for any dispute between you
and us shall be Orlando, Florida or Orange County, Florida.
18. Severability. In the event that any provision within the Terms is determined to be unlawful or unenforceable, that
shall not affect the validity and enforceability of the remainder of the Terms and shall remain in effect.
12. Viruses and Malware. We strongly recommend that you install appropriate defenses against viruses and other
malware before you click on any links or download any information from the Website. You visit our Website at your own
risk, and we are not responsible for any claim, loss, damage, costs, or expenses suffered or incurred by you or any third
party as a result of a virus or malware on the Website.
13. Intellectual Property. All rights to intellectual property related to the Website, its contents, or any of the
products on the Website, including, but not limited to, patents, trademarks, logos, copyright, designs, and texts are our
exclusive property. You may not use, reproduce, distribute, or modify any of our intellectual property without our prior
written consent.
14. Arbitration of Disputes.
a. Scope, governing rules . Any dispute, controversy, or claim arising out of or relating to the Terms, or the
breach thereof, or our products between you and us shall be determined by final and binding arbitration administered by
the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures
(“Commercial Rules”).
b. Authority of tribunal, judicial review . The award rendered by the arbitrators shall be final, non-
reviewable, non-appealable, and binding on the parties and may be entered and enforced in any court having jurisdiction,
and any court where a party or its assets is located, to whose jurisdiction the parties consent for the purposes of enforcing
the award. Judgment on the award shall be final and non-appealable.
c. Selection of tribunal . There shall be three arbitrators agreed to by the parties within thirty (30) days of
receipt by respondent[s] of the request for arbitration or, in default of such agreement, by the AAA.
d. Consolidation, joinder . If more than one arbitration is commenced under this Agreement and any party
contends that two or more arbitrations are substantially related and that the issues should be heard in one proceeding, the
arbitrators selected in the first-filed proceeding shall determine whether, in the interests of justice and efficiency, the
proceedings should be consolidated before those arbitrators.
e. Seat of arbitration, language . The seat or place of arbitration shall be Orlando, Florida. The arbitration
shall be conducted and the award shall be rendered in the English language.
f. Confidentiality . Except as may be required by law, neither a party nor the arbitrators may disclose the
existence, content, or results of any contemplated or commenced arbitration without the prior written consent of both
parties, unless to protect or pursue a legal right.
g. Remedies . The arbitrators will have no authority to award punitive damages or consequential damages.
15. Entire Agreement. The Terms and any policies or rules posted by us on the Website supersede any prior oral or
written agreement, communication, and proposal between you and us, including, but not limited to, any prior versions of
the Terms, and constitute the entire agreement and understanding between you and us regarding your visiting of the
Website or the purchase and use of any of the products we offer for sale on the Website.
16. Waiver. The delay or failure by us to exercise or enforce any right under the Terms shall not be construed as a
waiver of the right.
17. Governing Law. These Terms and any dispute between you and us are governed by and construed in accordance
with the laws of the State of Florida regardless of any conflict of laws principles. The venue for any dispute between you
and us shall be Orlando, Florida or Orange County, Florida.
18. Severability. In the event that any provision within the Terms is determined to be unlawful or unenforceable, that
shall not affect the validity and enforceability of the remainder of the Terms and shall remain in effect.
19. Modification. We reserve the right to change the Terms at our sole discretion from time to time with no duty to
notify you of the changes. It is your responsibility to visit the Website to view the most up-to-date Terms.