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Privacy Policy

Your privacy is important to Avenue®, and we are committed to protecting your privacy. The purpose of this Privacy Policy is to assist you in understanding the type of personal information we may collect from you, how such information may be used, the choices that are available to you concerning the use of your information and your ability to correct or modify the information you have provided us.

Our Privacy Policy addresses the following:

  1. What Information Does Avenue Collect?

  2. How Does Avenue Use The Information Collected?

  3. What Information Is Shared And With Whom Is It Shared?

  4. Does Avenue Use Third-Party Advertising?

  5. How Can I Access And Correct Information Collected?

  6. How Can I Opt Out Of Receiving Further Communications From Avenue?

    1. How To Be Removed From A Paper Catalog Mailing List

    2. How To Unsubscribe From Email Marketing List

  7. Are Avenue Credit Cards Available?

  8. Does Avenue Send Unsolicited Promotional Emails?

  9. How Does Avenue Safeguard The Information Collected?

  10. How Secure Is My Online Transaction?

  11. Does Avenue Use Cookies?

  12. Does Avenue Aggregate Information?

  13. What Is Avenue's Policy With Respect To Data Collection From Children?

  14. Whom Do I Contact If I Have Additional Questions Or Concerns About This Policy?

  15. Links To Other Websites.

  16. Policy Changes.

What Information Do We Collect?

  • Avenue collects information you provide to us, either when using our Website, through our retail operations or otherwise. For example, if you place an order or register on our site, and provide your name, address, email address, phone number and credit card or other payment related information, you are voluntarily providing us your personal information. We collect information you voluntarily submit when participating in one of our various services, promotions, programs or surveys. From your transactions and other interactions with us, we obtain information concerning the specific products or services you purchase or use.
  • Avenue also receives information about you from other companies, including, but not limited to information on your creditworthiness for private label credit card offers and products you may be interested in purchasing.
  • In addition, each time you visit our Website, our servers automatically collect certain information describing your visit, including your IP address and browser information. By itself, an IP address is not personally identifiable, although this information may be combined with other personal information. This automatically collected information provides us with data regarding the use of the Website.

How Does Avenue Use the Information Collected?

Avenue uses the information collected as follows:

  • to process and complete your purchase transactions and provide the services you request;
  • to send you catalogs and other offerings to you via the mail;
  • to contact you about the status of your orders;
  • to identify your product and service preferences, so that you can be informed of new or additional products, services, and promotions that might be of interest to you;
  • to notify you of product recalls or provide other information concerning products you have purchased;
  • to improve our merchandise selections, customer service, and overall customer shopping experience;
  • administer your participation in promotions, contests and sweepstakes in which you have chosen to participate;
  • understand and improve your use and experience on our Website; and
  • for third-party advertising as described below Click Here.

What Information IS Shared And With Whom Is It Shared?

  • Third-Party Advertising: see below.
  • Legal Disclosures: if Avenue is required to disclose customer information pursuant to lawful requests, such as subpoenas or court orders, in response to law enforcement inquiry or in compliance with applicable laws, Avenue will make such disclosure. Avenue also reserves the right to share information with legal authorities and other companies for purposes of fraud protection.
  • Avenue Credit Card Accounts: we may share your information with the bank that issues Avenue credit card accounts, Comenity Bank. Shared information includes the date of the order, the type of payment, the amount of the order, and similar items. We also share name and postal address where allowed by law.

Does Avenue Use Third-Party Advertising?

Yes. Avenue uses third-party advertising companies to serve our ads across the Internet and sometimes on this site. These companies collect anonymous (i.e., non-personally identifiable) information about your visits to our site and your interaction with our products and services in order to serve more relevant ads. These targeted advertisements may appear on our site or on other sites that you visit. The anonymous information is collected through the use of a pixel tags, cookies, or other techniques. No personally identifiable information is collected in this process. If you do not want this company to collect this information, you may opt-out. To opt-out, please click the following links:

How To Access And Correct Information Collected?

You can update or correct your name, address, telephone number or email address anytime by visiting avenue.com and clicking on the My Account or Login link at the top of any page and registering/logging in with your username/email address and password. You can also call, write, fax or email us to access or correct any of this information.

Avenue®
107Heritage Drive
Pataskala, OH 43062

Customer Service Phone Number: (888) 843-2836
Fax Number: (740) 964-5850

Any request to update your personal information may take up to 30 days for email requests and up to 60 days for mail and phone requests.

How Can I Opt Out of Receiving Further Communications from Avenue?

How to Be Removed from a Paper Catalog Mailing List

You can contact us by mail or phone at the following address/phone number:

Avenue®
107Heritage Drive
Pataskala, OH 43062

Customer Service Phone Number: (888) 843-2836
Fax Number: (740) 964-5850

Please make sure to provide us with your exact name and address or the mailing label from your catalog so that we can identify you correctly.

We will make every effort to implement any choice you make as soon as possible, but you should allow approximately three months for mailing change requests to be fully implemented. Any mailings that you may receive during this time do not reflect your subscription status, and we ask that you please disregard them.

How to Unsubscribe from an Email Marketing List

To be removed from our email solicitation lists, please Click Here.

You will be removed from receiving future email solicitations, though you will still receive any email solicitations processed before this request was received. Please know that it may take up to 7 days to remove you from our emailing solicitation lists. If you choose to be removed from our emailing solicitation lists you will still continue to receive order and confirmation emails as well as emails relating to your other transactions.

Are Avenue Credit Cards Available?

Yes. You can apply for an Avenue credit card account issued by Comenity Bank to receive special offers and participate in exclusive brand benefits.

When you apply our credit card online, you provide your financial and personal information needed to process your application directly to Comenity Bank. Avenue is independent of and not affiliated with Comenity Bank.

To obtain a privacy policy, opt-out information, or contact information, for the Avenue credit card, you may contact the issuer of your card, the Comenity Bank, by clicking here.

Does Avenue Send Unsolicited Promotional Emails?

No. Avenue only sends marketing email offers to customers who agree to receive them.

Our online order form contains a pre-checked box signifying your consent to receive promotional emails. If you do not wish to receive such emails, please un-check the box.

You may unsubscribe by doing any of the following.

  • click "Email Unsubscribe" link at the bottom of any page on our site;
  • click the unsubscribe link in any of our marketing emails you receive;
  • login to the Account Settings under the My Account or Login section of the website in question; or
  • contact Customer Service at (888) 843-2836.

Registered website users who have purchased from our website will receive standard order status communications, such as order confirmation, shipping dates, etc. via email at the registered email account the user has designated. Your choice to opt-in or opt-out of promotional emails will not affect the order status and registration service.

How Does Avenue Safeguard the Information Collected?

Avenue limits the information we provide to outside companies to only the information we believe is appropriate to enable them to carry out their responsibilities under our contracts or to offer you products and services we think might be of interest to you. We contractually require that the information provided be used only for the specifically authorized purpose and that its confidentiality be maintained.

How Secure Is My Online Transaction?

It is very secure. We use highly sophisticated technology to ensure that your shopping experience will be safe and secure. We encrypt your personal information, including your name, address, and credit card number when transmitting over the Internet using Secure Socket Layer (SSL) security software. We constantly update our security procedures and enhance our site to meet the very latest encryption standards. We retain a third party security firm to audit our procedures to ensure compliance with these standards. All of your sensitive information is scrambled before, during and after your order is placed on our site.

You may notice an unbroken key or a closed lock at the bottom of the page when you enter our "check-out" page. This means that your browser has opened a secure connection with our site! You can also check by looking at the URL line of your browser. When accessing a secure server, the first characters of the site address will change from "http" to "https."

PLEASE NOTE THAT NORMAL EMAIL (SUCH AS USING CONTACT US OR YOUR HOME EMAIL) IS NOT ENCRYPTED AND THUS IS NOT A SECURE MEANS FOR TRANSMITTING CREDIT CARD INFORMATION OR ANY PERSONAL INFORMATION YOU WISH TO KEEP PRIVATE AND SECURE.

Does Avenue Use Cookies?

Yes. Avenue uses cookies to enhance the browsing and shopping experience our website. Cookies are small files or records that we place on your computer's hard drive to collect information about your activities on Avenue.com. There are absolutely no personally identifiable pieces of information stored anywhere in these files, and they are used solely by Avenue to enhance your shopping experience and to allow us to serve you better in the future. The information captured makes it possible for us (i) to speed navigation, keep track of items in your shopping cart, and provide you with custom tailored content; (ii) to remember information you gave to us so you don't have to re-enter it each time you visit Avenue.com; (iii) to monitor the effectiveness of some of our marketing email campaigns; and (iv) to monitor total number of visitors, pages viewed, and the total number of visitors served.

Avenue uses Omniture and other service providers to help gather and analyze information about our customers (anonymous traffic, and from time to time, individual user activity) on our website. These service providers' only role is to help us conduct our business and deliver the most relevant products and services. They are not permitted to use your personally identifiable information for any secondary purpose.

Most people do not even know that cookies are being placed on their computers when they visit Avenue.com or most other websites because web browsers are typically set to accept cookies. You can choose to have your browser warn you every time a cookie is being sent to you or you can turn off cookie acceptance altogether. However, if you refuse cookies, you will be unable to order from Avenue.com using the Shopping Cart. You will still be able to browse our selection, but the order process requires that your web browser be set to allow cookies. Moreover, by not allowing cookies, your overall Internet browsing experience could be adversely affected.

Does Avenue Aggregate Information?

Yes. Avenue collects non-personal information about how users navigate through our websites. This statistical information is gathered in order to improve Avenue.com. This information may be shared with Avenue affiliates or other Avenue partners. This aggregated statistical and navigational information does not include individual names, personal data or account information, so it does not identify you or any other customer.

What is Avenue's Policy With Respect To Data Collection From Children?

Avenue takes care to protect the privacy and safety of children. Our website is not directed or targeted to children under the age of 13 and we do not knowingly collect any personal information from children under the age of 13 on our website. We do not permit anyone under the age of 13 to register with us. If you are under the age of 13, you are welcome to browse our website. However, you are not permitted to use any features of our site that require the collection of any personally identifiable information. If we learn that we have obtained personal information from a child under the age of 13, we will use reasonable efforts to immediately delete that data from our records.

Whom Do I Contact If I Have Additional Questions Or Concerns About This Policy?

If you have any questions or concerns about this policy, please contact us via mail at:

Avenue Privacy Officer
365 West Passaic St
Suite 230
Rochelle Park, NJ 07662

Links to Other Websites

Avenue occasionally provides links on our websites to other non-affiliated websites to enhance your shopping experience. These other websites operate independently from Avenue and will have their own privacy and security policies. We strongly encourage you to review these policies at any website you visit. Avenue does not take responsibility for such non-affiliated websites.

Effective Date and Policy Changes

Avenue may from time to time make changes to its Privacy Policy to reflect changes in its privacy practices. Accordingly, Avenue reserves the right to revise or modify this Privacy Policy in whole or in part at any time. We will inform you of any update to our Privacy Policy by posting a notice on our website. The effective date of the updated policy will be the date posted on the notice. The updated policy shall replace any prior policies and will be applicable to all current and past users of our websites.

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

By using this site, you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use this site. This site is owned and operated by Avenue. Avenue reserves the right, at any time and in its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. If any modification is unacceptable to you, your only recourse is to discontinue use of the site. Your continued use of the site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.

Acceptable uses

You may use this site for legitimate shopping purposes only. You may not harm the site in any way or otherwise use the site in any improper manner, including, but not limited to hacking into the site's systems, spoofing or faking email headers or slowing or stopping the functionality of the site. In the event you register and/or purchase product, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or Avenue suspects, for any reason, that such information is untrue, inaccurate, not current or incomplete, Avenue, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the site. You will create a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and for restricting access to your computer, and are fully responsible for all activities that occur under your password or account. If you are under the age of 18, you may use the site only with involvement of a parent or legal guardian. You agree to (a) immediately notify Avenue of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Avenue will not be liable for any loss or damage arising from your failure to comply with this paragraph. Avenue reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Restrictions on use of materials

This site contains copyrighted materials, trademarks and other proprietary information, including, but not limited to, text, photos and graphics, the worldwide rights to which are owned by Avenue, its related entities, parents and its licensors or licensees. You may not use, copy, publish, upload, post (to a bulletin board or otherwise), transmit, distribute, or modify any contents of this site in any way, except that you may download one copy of such contents on any single computer for your personal, non-commercial use only, provided you do not alter or remove any copyright, trademark, author attribution or other proprietary notices and legends.

DISCLAIMER

THIS SITE AND ANY OTHER SITE THAT LISTS OUR PRODUCTS, AND ALL MATERIALS CONTAINED ON THIS SITE AND ANY OTHER SITE THAT LISTS OUR PRODUCTS ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AVENUE DOES NOT WARRANT THAT: (A) THE CONTENTS OF THIS SITE OR ANY OTHER SITE THAT LISTS OUR PRODUCTS (INCLUDING PRICING, DESCRIPTION AND OTHER PRODUCT INFORMATION) WILL BE ACCURATE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT ANY ERRORS IN SUCH CONTENTS WILL BE CORRECTED; OR MISTAKES IN PRICING OR OTHER PRODUCT DETAILS WILL BE HONORED; (B) THAT THIS SITE, ANY OTHER SITE THAT LISTS OUR PRODUCTS OR THE SERVERS THAT MAKE SUCH SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) THAT YOUR USE OF THIS SITE OR OTHER SITE THAT LISTS OUR PRODUCTS WILL BE UNINTERRUPTED. DESPITE OUR BEST EFFORTS, FROM TIME TO TIME ITEMS ON THIS SITE OR ANY OTHER SITE THAT LISTS OUR PRODUCTS MAY BE MISPRICED. IF AN ITEM'S CORRECT PRICE IS HIGHER THAN THE LISTED PRICE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CANCEL YOUR ORDER AND NOTIFY YOU OF SUCH CANCELLATION. IF A PRODUCT OFFERED ON THIS SITE OR ANY OTHER SITE THAT LISTS OUR PRODUCTS IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN UNUSED CONDITION.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) SHALL AVENUE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE THAT RESULT FROM, ARISE OUT OF, OR ARE IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE OR ITS CONTENTS, EVEN IF AVENUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

LINKS

THIS SITE MAY PROVIDE, OR THIRD PARTIES MAY PROVIDE, LINKS TO OTHER WORLD WIDE WEBSITES OR RESOURCES. BECAUSE AVENUE HAS NO CONTROL OVER SUCH SITES AND RESOURCES, YOU ACKNOWLEDGE AND AGREE THAT AVENUE IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT AVENUE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.

Indemnification

You agree to indemnify, defend, and hold harmless, Avenue, its affiliates, parents, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the site from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. Avenue reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you'll fully cooperate with Avenue in asserting any available defenses.

Unsolicited suggestions and customer submissions

Please note that any suggestions, materials (including, without limitation, images, photographs, videos, and sound recordings), ideas or comments submitted to Avenue ("Submitted Materials") shall be deemed as not confidential. You hereby grant Avenue an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such Submitted Materials (other than your name) for any purpose whatsoever, and you represent and warrant to Avenue that no such submissions will violate or infringe upon any copyright, trademark, or any other intellectual property or other rights (including but not limited to defamation or invasion of privacy) of any person or entity. All such submissions are subject to the DMCA notice-and-take-down procedure described below. Furthermore, a person who accepts a prize as a winner in any Promotion (as defined below), or posts Submitted Materials to any of Avenue's social media sites, except where legally prohibited, such person grants permission for Avenue and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and, if applicable, prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval.

Social media sites

These terms apply, in addition to and as part of the Terms of Use and Privacy Policy stated above and below, to users of social media sites managed by Avenue and hosted by third-party providers (e.g., Facebook.com, Twitter.com, LinkedIn.com, etc.) ("Social Media Hosts"). Avenue asks users of its social media sites to be respectful of the larger community by complying with the terms and policies of each Social Media Host. Avenue appreciates and encourages users to contribute comments that are respectful and further discussion on its social media sites, but asks that users avoid making comments that might be considered:

  • confrontational;
  • offensive;
  • discriminatory;
  • profane;
  • off-topic;
  • spam (i.e., unsolicited promotion of a third-party business);
  • anonymous;
  • misleading; or
  • fake.

Avenue reserves the right to remove comments or content on its social media sites that fit into any one of the above categories, or for any other reason, to preserve the integrity of its social media sites. Avenue may block further posting on its social media sites by any individual who violates these Terms of Use. Avenue claims no liability in any way connected to the use of or access to its social media sites.

Promotions

From time to time, Avenue may post a contest, sweepstakes, or other similar promotion ("Promotion") on its social media sites or Web sites. Unless otherwise stated in the Official Rules for such Promotions, and, in addition to and as part of the Terms of Use and Privacy Policy stated above and below, by participating in any such Promotion you acknowledge and agree to be bound by the following terms:

  • No purchase necessary to win;
  • Any applicable taxes are to be paid by Promotion winner;
  • Void where prohibited;
  • Eligibility limited to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older;
  • Avenue, its parent, affiliates, subsidiaries and advertising and promotion agencies are not eligible to enter or win;
  • Decisions of judges and/or Avenue with respect to any aspect of the Promotion are final;
  • Judges, if any, are qualified;
  • Avenue is not responsible for lost, late, misdirected, incomplete, inaccurate, delayed, garbled, stolen or illegible entries or postage-due mail;
  • Entries in excess of the stated entry limitations will be void;
  • Mass entries or mechanical reproductions are void;
  • Prizes cannot be transferred, redeemed for cash or substituted, except by Avenue who reserves the right to substitute a prize of comparable or greater value;
  • Entries must be original and become the property of Avenue upon submission; and
  • Avenue reserves the right to verify eligibility qualifications of any potential winner and such potential winner agrees to cooperate in such verification when asked.
  • This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or any other Social Media Host (as defined above). You understand that you are providing your information to Avenue and not to Facebook or any other Social Media Host. The information you provide will only be used for the purposes outlined in Avenue’s Privacy Policy.

Mobile services

Avenue may provide certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to receive and reply to messages from one of Avenue ("text alerts"), and access certain other features (collectively the "Mobile Services"). The following terms apply, in addition to and as part of the Terms of Use and Privacy Policy stated above and below, to users of the Mobile Services managed by Avenue.

  • Although Avenue may not charge you for these Mobile Services, your mobile carrier's normal messaging, data, and other rates and fees will still apply to your use of the Mobile Services.
  • In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices.
  • Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you.
  • By using the Mobile Services, you agree that Avenue may communicate with you by SMS, MMS, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to Avenue.
  • In the event you change or deactivate your mobile telephone number, you agree promptly to update your mobile subscription account information to ensure that the messages Avenue intends to send to you are not sent to another person who acquires your former mobile telephone number.

JURISDICTION AND GOVERNING LAW

The privacy policy and terms of use are managed by Avenue Stores, LLC from its offices in the State of New Jersey, United States of America. Although this site can be accessed from other locations, by accessing this site you agree that these terms of use shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to its conflicts of law principles. You also irrevocably consent to personal jurisdiction in the State of New Jersey for any dispute arising hereunder. This site is intended for residents of the United States only. No software from this site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.

DISPUTES

Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted to confidential arbitration in New Jersey, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Indiana. You hereby irrevocably consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Indiana and arbitration in New Jersey. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.

Termination

All of these terms of use are material. Upon any breach by you of any such term, your right to access, download and otherwise use this site, all materials obtained from this site and all copies thereof shall immediately terminate.

Other

If any of these terms of use is unlawful, void, or for any reason unenforceable, then that term shall be deemed severable from the other terms and shall not affect the validity and enforceability of any remaining terms. These terms of use constitute the entire agreement between Avenue and you relating to the subject matter herein.

Notifying us of claimed copyright infringement

If you wish to notify Avenue of an alleged copyright infringement for material posted on our site, to be effective, your notice must be a written communication to our designated agent that complies with Section 512(c)(3) of the U.S. Copyright Act. Please consult your legal advisor. Your notice must include substantially the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. The best method is to provide a URL in the body of an email.

  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such written notice should be sent to our designated agent as follows:

DMCA Complaints
c/o Office of the General Counsel
Avenue
365 West Passaic St
Suite 230
Rochelle Park, NJ 07662

Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Counter-Notification

If you elect to send us a counter-notice, to be effective, your counter-notice must be a written communication to our designated agent that complies with Section 512(g)(3) of the U.S. Copyright Act. Please consult your legal advisor. Your counter-notice must include substantially the following:

  1. A physical or electronic signature of the subscriber.

  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

  3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

  4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Such written notice should be sent to our designated agent as follows:

DMCA Complaints
c/o Office of the General Counsel
Avenue
365 West Passaic St
Suite 230
Rochelle Park, NJ 07662

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.

Taxes

We do not collect sales or use taxes in all states. For states imposing sales or use taxes, your purchase is subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. Details of how to file these returns may be found at the websites of your respective taxing authorities.