Avenue Pacific Logo

Terms of Use

These Terms of Use govern your use of the avenuepacific.com web site (the “Web Site”). In addition, it exempts Avenue Pacific and other persons from liability and/or limits their liability. It also contains other important provisions that you should read.

These Terms of Use consist of the following provisions:

  1. Your Acceptance of these Terms of Use
  2. Scope of these Terms of Use
  3. Changes to these Terms of Use
  4. Permission to Use the Web Site
  5. Errors
  6. Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity
  7. Ownership of the Web Site
  8. Trademark Information
  9. Personal Information Privacy
  10. Other Sites
  11. Linking, Framing, Mirroring, Scraping and Data-Mining the Web Site
  12. Feedback and Comments
  13. Governing Law and Dispute Resolution
  14. Notice and Procedure for Making Claims of Intellectual Property Infringement
  15. Other Matters


1. YOUR ACCEPTANCE OF THESE TERMS OF USE


These Terms of Use constitute an agreement between you (which term includes, if applicable, the company and/or other entity on whose behalf you are accessing this Web Site) and Avenue Pacific, and governs your use of the Web Site, including all content, information and services provided through the Web Site. The Web Site should be accessed and used only by individuals who have reached the age of majority in their jurisdiction of residence and can form legally binding contracts under applicable law.

Each time you use the Web Site, you indicate your complete acceptance and agreement to be bound by these Terms of Use. If you do not agree with each and every provision of this Agreement do not access or use the Web Site.

2. SCOPE OF THESE TERMS OF USE


These Terms of Use are in addition to and supplement any and all written agreements between you and Avenue Pacific. In the event of any inconsistency or conflict between these Terms of Use and such other written agreements, such other agreements shall control and take precedence.



3. CHANGES TO THESE TERMS OF USE OR THE WEBSITE


Avenue Pacific may, in its sole discretion and for any reason, change, supplement or amend these Terms of Use from time to time as they relate to your future use of the Web Site, without prior notice or liability to you or any other person. Your continued use of this Web Site following posting of any revised Terms of Use will constitute your acceptance of such modified Terms of Use. You may not change, supplement, or amend these Terms of Use in any manner.

In addition, Avenue Pacific may, at any time and for any reason and in its sole discretion, change, suspend or terminate, temporarily or permanently, the Web Site or any part of it.



4. PERMISSION TO USE THE WEB SITE


You may download, view, copy and print information, materials and any other aspect of this Web Site (i) solely for your personal, informational purposes and (ii) provided that neither the materials, nor any proprietary notices or disclaimers therein, are modified or altered. Except as expressly stated above or otherwise in these Terms of Use, the Web Site may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Avenue Pacific. The Web Site may be accessed and used only using commercially available, SSL-capable Web browser software.

You many not access the Web Site in any manner that imposes an unreasonable load on the Web Site. Further, you agree not to interfere, in any way, with others’ use of or access to the Web Site and will not attempt to gain unauthorized access to the account or computer system of any other Web Site user. The Web Site may be used only for lawful purposes, and you agree not to take any action in connection with your use of the Web Site which violates any treaty, law or regulation.

If you breach any provision of these Terms of Use, you may no longer use the Web Site. Further, Avenue Pacific may restrict, suspend or terminate (in whole or in part) your permission to access or use the Web Site; all without any notice or liability to you or any other person.



5. ERRORS


Avenue Pacific endeavors to provide accurate information through the Web Site. Nevertheless, errors may occur from time to time. Accordingly, Avenue Pacific reserves the right to change information available through the Web Site at any time, and from time to time, without any prior notice or liability to you or any other person.



6. DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY


Neither Avenue Pacific nor its affiliates or any of its providers, contractors or licensors (collectively, “Affiliates and Providers”) accept any liability for your use of the Web Site. For that reason, the following provisions apply to your use of the Web Site.



DISCLAIMER

YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, AVAILABILITY, TIMELINESS, ACCURACY OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY AVENUE PACIFIC AND ITS AFFILIATES AND PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW. THERE WILL NOT BE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS CREATED BY A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING, CONFIGURING AND MAINTAINING ALL COMPUTER HARDWARE, SOFTWARE, TELEPHONE SERVICES, AND OTHER EQUIPMENT AND SERVICES NECESSARY FOR YOU TO USE THE WEB SITE.

THE INTERNET IS NOT A SECURE MEDIUM, MAY BE SUBJECT TO INTERRUPTION AND DISRUPTION, AND INADVERTENT OR DELIBERATE BREACHES OF SECURITY AND PRIVACY. THE OPERATION OF THE WEB SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND AVENUE PACIFIC'S CONTROL. THE OPERATION OF THE WEB SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED, SECURE OR PRIVATE.

AVENUE PACIFIC AND ITS AFFILIATES AND PROVIDERS WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGES SUFFERED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY FAILURE OR REFUSAL BY AVENUE PACIFIC TO GIVE EFFECT TO, OR FOR ANY FAILURE OR DELAY BY AVENUE PACIFIC IN RECEIVING, ACCESSING, PROCESSING OR ACCEPTING, ANY COMMUNICATION SENT TO AVENUE PACIFIC BY MEANS OF THE WEB SITE OR EMAIL, OR FOR ANY LOSS OR DAMAGES SUFFERED AS A RESULT OF THE OPERATIONAL FAILURE, MALFUNCTION, INTERRUPTION, CHANGE, AMENDMENT OR WITHDRAWAL OF THE WEB SITE OR EMAIL SERVICES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AVENUE PACIFIC AND ITS AFFILIATES AND PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT: (A) THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; (B) THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; (C) THE WEB SITE WILL MEET YOUR REQUIREMENTS; (D) THE INFORMATION CONTAINED IN THE WEB SITE OR DERIVED FROM THE WEB SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY; (E) CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE WEB SITE; OR (F) THE USE OF THE WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS.



LIABILITY EXCLUSION

AVENUE PACIFIC AND ITS AFFILIATES AND PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR EXEMPLARY OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEB SITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT BY AVENUE PACIFIC OR ANY OF ITS AFFILIATES OR PROVIDERS OR ANY PERSON FOR WHOM AVENUE PACIFIC OR AN AFFILIATE OR PROVIDER MAY BE RESPONSIBLE, AND NOTWITHSTANDING THAT AVENUE PACIFIC OR ANY AFFILIATE OR PROVIDER MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.

THE EXCLUSION OF CERTAIN WARRANTIES AND THE EXCLUSION OF CERTAIN LIABILITIES ARE PROHIBITED BY LEGISLATION IN SOME JURISDICTIONS. SUCH LEGISLATIVE LIMITATIONS MAY APPLY TO YOU.



RELEASE

YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF AVENUE PACIFIC AND ITS AFFILIATES AND PROVIDERS AND ALL OF THEIR RESPECTIVE FRANCHISEES, PARTNERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEB SITE.



INDEMNITY

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF AVENUE PACIFIC AND ITS AFFILIATES AND PROVIDERS AND ALL OF THEIR RESPECTIVE FRANCHISEES, PARTNERS, AGENTS, REPRESENTATIVES, DIRECTORS, OFFICERS, AND EMPLOYEES (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE WEB SITE OR YOUR BREACH OF THESE TERMS OF USE. YOU WILL ASSIST AND COOPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENSE OF ANY CLAIM OR DEMAND.



7. OWNERSHIP OF THE WEB SITE


The Web Site and all (a) information and content in text, graphical, video and/or audio forms and (b) images, icons, software, designs, applications, calculators, models, data, and other elements, available on or through the Web Site are the property of Avenue Pacific or its Affiliates and Providers, and are protected by United States and international copyright, trademark, and other laws. Your use of the Web Site does not transfer to you any ownership or other rights in the Web Site or its content.



8. TRADEMARK INFORMATION


Avenue Pacific®, avenuepacific.com, the Avenue Pacific Logo, and certain other marks and logos appearing on the Web Site are registered and unregistered trademarks, trade names and service marks owned or licensed by Avenue Pacific. Other product and company names and logos appearing on the Web Site may be registered or unregistered trade names, trademarks and service marks of their respective owners.

Any use of the trade names, trademarks, service marks and logos (collectively "Marks") displayed on the Web Site is strictly prohibited. Nothing appearing on the Web Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Web Site.



9. PERSONAL INFORMATION PRIVACY


Avenue Pacific collects, uses and discloses information regarding your use of the Web Site and your personal information in accordance with the terms of the Avenue Pacific Privacy Policy. The terms of the Avenue Pacific Privacy Policy are hereby incorporated as part of these Terms of Use.



10. OTHER SITES


The Web Site may include links to other web sites or resources and businesses operated by third parties, including Affiliates and Providers (collectively, "Other Sites"). Other Sites are independent from Avenue Pacific and may have different or inconsistent privacy policies or terms of use. Avenue Pacific has no responsibility or liability for or control over Other Sites, their business, goods, services or content. Links to Other Sites are provided solely for your convenience and Avenue Pacific does not in any way endorse or sponsor any Other Sites or their content or the goods or services available through those Other Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own sole risk, and you may not make any claim against Avenue Pacific arising out of your use of any Other Sites - or your dealings with the owners or operators of any Other Sites. As between you and Avenue Pacific, the provisions of these Terms of Use under the section headed “Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity” apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content.



11. LINKING, FRAMING, MIRRORING, SCRAPING AND DATA-MINING THE WEB SITE


Links to the Web Site without the express written permission of Avenue Pacific are strictly prohibited. The framing, mirroring, scraping or data mining of the Web Site or any of its content in any form and by any method are strictly prohibited.



12. FEEDBACK AND COMMENTS


All comments or feedback which is solicited by or provided to Avenue Pacific regarding your experiences with, preferences for, opinion of or suggestions regarding this Web Site or Avenue Pacific services (collectively, “Feedback ”) shall be considered non-confidential and Avenue Pacific’s property. By submitting such Feedback to Avenue Pacific, you agree that you assign to Avenue Pacific, without charge, all worldwide rights, title and interest, including copyrights and other intellectual property rights, in and to such Feedback, and that Avenue Pacific shall be free to use such Feedback in any manner or media whatsoever, on an unrestricted basis and without any attribution, compensation or royalties to you.

Avenue Pacific does not endorse, support, sanction, encourage, verify, or necessarily agree with the comments, opinions, or statements of third parties displayed on or transmitted via the Web Site (“Third Party Content ”). Any Third Party Content placed on the Site is the view and responsibility of those who post the statements, and do not necessarily represent the views of Avenue Pacific.



13. GOVERNING LAW AND DISPUTE RESOLUTION


The Web Site is controlled by Avenue Pacific from Los Angeles, California, United States of America. These Terms of Use, your use of the Web Site, and all related matters are governed solely by the laws of the State of California, United States of America and applicable federal laws of the United States of America, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws.

Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration will be before a single arbitrator. The place of arbitration will be Los Angeles, California, United States of America. Notwithstanding the foregoing, you or Avenue Pacific may seek injunctive relief from an appropriate court located in Los Angeles, California prior to or during the arbitration.

Any claim or cause of action you may have arising from, connected with, or relating to your use of the Web Site, these Terms of Use, or any related matters must be commenced within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.



14. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT


Avenue Pacific respects the intellectual property rights of others. If you believe that any content on the Web Site may infringe your copyrights or other intellectual property rights, please provide Avenue Pacific the written information specified below. Please note that this procedure is exclusively for notifying Avenue Pacific that your intellectual property rights have been infringed.



  • An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
  • A description of the intellectual property right that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner's behalf


Avenue Pacific’s agent for notice of claims of copyright infringement or other intellectual property infringement on the Web Site can be reached as follows:



Intellectual Property Agent
Avenue Pacific
10100 Santa Monica Blvd.
Suite 900
Los Angeles, CA 90067
phone: 310-598-4124
fax: 310-277-8329
e-mail: legal@avenuepacific.com


15. OTHER MATTERS


If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Notwithstanding anything herein to the contrary, the following provisions of these Terms of Use, and all other provisions necessary for their interpretation or enforcement, will survive indefinitely after the termination of these Terms of Use and remain in full force and effect and be binding upon the parties as applicable: 6 (Disclaimer, Liability Exclusion, Liability Limitation, Release, and Indemnity); 7 (Ownership of the Web Site); 10 (Other Sites); 13 (Governing Law and Dispute Resolution); and 15 (Other Matters). The provisions of these Terms of Use will inure to the benefit of and be binding upon each of Avenue Pacific and its Affiliates and Providers and each of their respective successors and assigns and related persons, and you and your heirs, executors, administrators, personal representatives, and successors and assigns. You may not assign these Terms of Use or the rights and obligations under these Terms of Use without the express prior written consent of Avenue Pacific, which may be withheld in Avenue Pacific's sole discretion. Avenue Pacific may assign these Terms of Use and its rights and obligations under these Terms of Use without your consent.

No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under these Terms of Use will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by all parties.

You and any persons you represent - on the one hand - and Avenue Pacific and its Affiliates and Providers - on the other hand - are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms of Use or your use of the Web Site.

The parties have expressly requested and required that these Terms of Use and all other related documents be drawn up in the English language.

Any rights not expressly granted by these Terms of Use are reserved to Avenue Pacific.

If you have any questions relating to these Terms of Use please contact: legal@avenuepacific.com

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