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Avenue Terms of Use

Updated: 16 November 2016

PLEASE READ THESE TERMS OF USE (THESE “TERMS”) CAREFULLY BEFORE USING THIS WEBSITE.

Your Agreement to the Terms

By using www.avenue.com (with any related websites, our “Website”), you signify your agreement to these Terms. If you do not agree to these Terms, please do not use this Website. This Website is owned and operated by Avenue Stores, LLC (collectively, “Avenue,” “we,” or “us”).
Avenue reserves the right, at any time and in its sole discretion, to change, modify or otherwise alter these Terms at any time. Such changes or modifications shall become effective immediately upon the posting thereof. Please review these Terms periodically. If any modification is unacceptable to you, your only recourse is to discontinue use of the Website. Your continued use of the Website following the posting of changes or modifications will constitute your acceptance of the revised Terms.

Acceptable Use

You may use this Website for your personal, non-commercial, legitimate shopping purposes only. You may not harm the Website in any way or otherwise use the Website in any improper manner, including, but not limited to hacking into the Website's systems, spoofing or faking email headers, or slowing or stopping the functionality of the Website. In the event you register or purchase product, you agree to 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 Website. 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 Website only with approval and assistance 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) 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 Website 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 Website 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

ALTHOUGH WE HAVE MADE EVERY EFFORT TO DISPLAY OUR PRODUCTS AND THEIR COLORS AS ACCURATELY AS POSSIBLE, THE DISPLAYED COLORS OF THE PRODUCTS DEPEND UPON THE MONITOR OF THE USER, AND AVENUE CANNOT GUARANTEE THAT THE USER’S MONITOR WILL ACCURATELY REFLECT THE ACTUAL COLORS OF OUR PRODUCTS. PRODUCTS DISPLAYED MAY BE OUT OF STOCK OR DISCONTINUED, AND PRICES ARE SUBJECT TO CHANGE. AVENUE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS REGARDING PRICE. DESPITE OUR BEST EFFORTS, FROM TIME TO TIME ITEMS ON THIS WEBSITE OR ANY OTHER SITE THAT LISTS OUR PRODUCTS MAY BE MISPRICED. IF AN ITEM'S CORRECT PRICE IS HIGHER THAN THE LISTED PRICE OR IF IT WAS LISTED IN ERROR OR IS NO LONGER IN STOCK, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CANCEL YOUR ORDER AND NOTIFY YOU OF SUCH CANCELLATION. IF A PRODUCT OFFERED ON THIS WEBSITE OR ANY OTHER SITE THAT LISTS OUR PRODUCTS IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN UNUSED CONDITION FOR A REFUND.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS WEBSITE AND OTHER SITES ON WHICH OUR PRODUCTS ARE LISTED OR ADVERTISED, AND ALL CONTENTS AND ALL PRODUCTS AND SERVICES AVAILABLE THROUGH OR IN CONNECTION WITH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AVENUE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AVENUE DOES NOT WARRANT THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH AVENUE ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS WEBSITE OR OTHERWISE PROVIDED TO YOU BY US. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. NEITHER AVENUE NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE WEBSITE. AVENUE IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY MATERIALS ON THE WEBSITE, OR WITH ANY OF AVENUE'S TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. THE DISCLAIMER OF WARRANTY PROVISIONS IN THIS SECTION DO NOT APPLY TO NEW JERSEY RESIDENTS.
THE DISCLAIMERS SET OUT IN THIS SECTION DO NOT APPLY TO ANY OF OUR LIABILITY THAT MAY ARISE IN CONNECTION WITH THE USE OF AVENUE PRODUCTS PURCHASED THROUGH THE WEBSITE. BY THESE TERMS, AVENUE DOES NOT SEEK TO LIMIT ITS LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY ITS PRODUCTS.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS AVENUE, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS. 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. THE PROVISIONS OF THIS SECTION DO NOT APPLY TO NEW JERSEY RESIDENTS.

Limitations of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) WILL 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 WEBSITE OR ITS CONTENTS, EVEN IF AVENUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS OF THIS PARAGRAPH DO NOT APPLY TO NEW JERSEY RESIDENTS.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, INCLUDING, IN SOME CASES, LIMITATIONS ON IMPLIED WARRANTIES OR HOW LONG THEY LAST, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, INDEMNIFICATION PROVISIONS, EXCLUSIONS OR LIMITATIONS IN THIS SECTION AND IN THE DISCLAIMER AND INDEMNIFICATION SECTIONS, ABOVE, MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Links

THIS WEBSITE MAY PROVIDE, OR THIRD PARTIES MAY PROVIDE, LINKS TO OTHER 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.

Privacy Policy

Notwithstanding anything else to the contrary contained in these Terms, Avenue’s use of any personal information (name, etc.) you provide through or in connection with the Website will be governed by our Privacy Policy. For further information regarding Avenue’s protection of your personal information, please refer to our Privacy Policy.

Submitted Materials

Please note that any suggestions, materials (including, without limitation, images, photographs, videos, and sound recordings), ideas or comments submitted to Avenue through the Website, Social Media, or otherwise (“Submitted Materials”) shall be deemed as not confidential. You hereby grant Avenue an irrevocable and unrestricted license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Submitted Materials throughout the world in any media for any purpose whatsoever, and you represent and warrant to Avenue that the use of such Submitted Materials will not 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 Submitted Materials are subject to the copyright infringement 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 Social Media sites edited by Avenue, except where legally prohibited, such person grants permission for Avenue and its designees to use his/her name, address (city and state), photograph, voice 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

These Terms apply, in addition to and as part of the Privacy Policy, to users of “Social Media” platforms hosted by third-party providers (e.g., Facebook, Twitter, Instagram, Tumblr, YouTube, Pinterest, LinkedIn, etc.) when communicating with Avenue. Avenue asks users of Social Media sites to be respectful of the larger community by complying with the terms and policies of each Social Media service. Avenue appreciates and encourages users to contribute comments that are respectful and further discussion on Social Media sites, but asks that users avoid making comments in Avenue-related communications 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 Social Media sites it edits that fit into any one of the above categories, or for any other reason, to preserve the integrity of the Social Media sites. Avenue may block further posting on such Social Media sites by any individual who violates these Terms.

Promotions

From time to time, Avenue may post a contest, sweepstakes, or other similar promotion ("Promotion") on Social Media sites or the Website. Unless otherwise stated in the Official Rules for such Promotions, and, in addition to and as part of these Terms, 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 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.

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 these Terms, 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.
  • 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.
  • 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 Website, the Privacy Policy, and related services described in these Terms are managed by Avenue Stores, LLC from its offices in the State of New Jersey, United States of America. By accessing this Website you agree that these Terms shall be governed by and construed in accordance with the substantive laws of the State of Delaware, USA, without giving effect to its conflicts of law principles, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You also irrevocably consent to personal jurisdiction in the State of Delaware for any dispute arising hereunder that is not covered by the Disputes section below. The Website is not intended for use in any jurisdiction where such use would be a violation of law. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with United States’ and applicable local laws regarding online conduct and acceptable content. Avenue makes no representations about the suitability of the Website or Social Media outside the United States and may limit access to the Website in Avenue’s discretion, based on geography or otherwise.

Disputes

Our customer service team is ready to assist you and address your concerns – see Contact Information, below, to get in touch with Avenue’s customer service. If you have any questions or concerns regarding how we manage, access, or uses your personal information, please write us at the addresses indicated below in the Contact Information section of these Terms.
In the event that our customer service team is unable to resolve your concern, by using this Website or otherwise interacting with us subject to these Terms, you unconditionally agree that all claims relating to your access or use of our Website, including all disputes arising out of, or related to, any products or services obtained from Avenue through our Website or Social Media, will be resolved entirely through binding individual arbitration, rather than in court. You may also assert individual claims in small claims court if your claims otherwise qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms. These Terms do not apply to any claims or disputes relating to or arising from use of your Avenue credit card; any such claims or disputes will be governed by the terms and conditions of your Avenue credit card.
Note that there is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow these Terms as a court would.
To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to us at: Avenue, 365 West Passaic Street, Suite 230, Rochelle Park, NJ 07662, Attn: Legal (email: privacy@avenue.com). You agree that the arbitration will be conducted by the American Arbitration Association (“AAA”), www.adr.org, phone: +1 800 778 7879. You can contact AAA to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA's applicable rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights.
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 Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever banned.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Notifying us of Claimed Copyright Infringement

We respect the intellectual property rights of others and request that you do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our Legal Department (see Contact Information, below)
In order for us to assist you, the notification must include ALL of the following:

  • A physical or electronic signature of the copyright owner or the person authorized to act on the owner's behalf;
  • A description of the copyrighted work you claim has been infringed;
  • Information reasonably sufficient to locate the material in question on the site;
  • Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit Avenue to contact you;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright 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 copyright owner or are authorized to act on behalf of the copyright owner.

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.

General

If any of these Terms is found to be 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. The waiver of any provision of these agreement shall not be considered a waiver of any other provision of Avenue’s right to require strict observance of each of the terms herein. These Terms constitute the entire agreement between Avenue and you relating to the subject matter herein.

Termination

These Terms are effective unless and until terminated by either you or Avenue. You may terminate these Terms at any time, provided that you discontinue any further use of the Website. Avenue also may terminate these Terms at any time and may do so immediately without notice, and deny you access to the Website, if in Avenue’s sole discretion you fail to comply with any provision of these Terms. Upon any termination of these Terms by either you or Avenue, you must promptly destroy all materials downloaded or otherwise obtained from the Website, as well as all copies of such materials, whether made under these Terms or otherwise.
The following sections will survive any termination of these Terms: Your Agreement to the Terms, Acceptable Use, Restrictions on Use of Materials, Disclaimer and Indemnification, Limitations of Liability, Privacy Policy, Submitted Materials, Social Media, Jurisdiction and Governing Law, Disputes, Notifying us of Claimed Copyright Infringement, and General.

Contact Information

To contact us regarding products, transactions and services, contact us at:

Avenue
175 Heritage Drive
Pataskala, OH 43062

Customer Service Phone Number: (888) 843-2836
International: 1 (740) 964-5847
Fax Number: (740) 964-5850

To contact us regarding these Terms, contact us at:

Avenue
365 West Passaic Street, Suite 230
Rochelle Park, NJ 07662
Attn: Legal
Email: privacy@avenue.com