Terms of Use

Updated: 29 January 2020




Your Agreement to the Terms

By using www.avenue.com or www.loralette.com (together with any affiliated websites, our “Website”), you signify your agreement to these Terms. If you do not agree to these Terms, please do not use our Website. Our Website is owned and operated by City Chic Collective USA Incorporated (referred to here as “Avenue,” “we,” or “us”).

Avenue reserves the right, at any time and in its sole discretion, to change, modify or otherwise alter these Terms. 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 our Website. Your continued use of our Website following the posting of changes or modifications will constitute your acceptance of the revised Terms.

Acceptable Use

You may use our Website for your personal, non-commercial, legitimate shopping purposes only. You may not harm our Website in any way or otherwise use our Website in any improper manner, including, but not limited to hacking into our Website's systems, spoofing or faking email headers, or slowing or stopping the functionality of our 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 our 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 our 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

Our 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 our 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.


Risk of damage, loss or deterioration to goods passes to you on delivery in accordance with these Terms.


Goods ordered by you remain our property until you pay for them in full.

Product Warranties

To the extent legally permitted, we exclude all conditions, warranties, guarantees and similar, whether express or implied, as to the condition, suitability, quality, fitness or safety of any goods or services supplied by us (Warranties), other than those implied by statute which may not be legally excluded.  Any liability we may have to you under Warranties implied by statute which cannot be excluded is limited, where expressly permitted by statute, to supplying, or paying the cost of supplying, the goods or services again or repairing, or paying the costs of repairing, the goods, at our option.


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 our 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 our 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, our 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 our 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 our website will be uninterrupted or error free, or that our 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 our website or otherwise provided to you by us. Your use of our 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 our website, or any information or materials provided on our website. Avenue is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with our website or any materials on our website, or with any of avenue's terms, your sole and exclusive remedy is to discontinue using our 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 our website. By these terms, avenue does not seek to limit its liability for personal injury or property damage caused by its products.


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, our 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.


Our 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 our 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.

Installments by Afterpay

Installments by Afterpay is a service that allows you to make purchases now and pay for them in four equal payments made every 2 weeks without any interest.

Simply shop online and add items to your shopping bag and checkout as normal. At checkout choose Installments by Afterpay as your payment method. First time customers will need to register with Afterpay and provide payment details as usual, returning customers simply log in to make their purchase. It’s that easy!

Please note that all items in your shopping bag must be eligible for Installments by Afterpay. A minimum purchase amount may apply and you must meet additional eligibility requirements to qualify. Installments by Afterpay is only available for US orders.

How does the payment schedule work?
All customers are required to make their first payment at the time of purchase, with the remaining three payments deducted automatically every two weeks from your chosen payment method. If you choose to make additional payments before your scheduled pay dates, you may do so through your Afterpay account. You can log in to your Afterpay account to view your payment schedule and make a payment before the due date if you choose to do so.

What if I can’t pay an Afterpay installment?
If you fail to make a payment, you will be charged an $8 late payment fee, and an additional $8 fee if the missed payment is not made within 7 days. Late fees will not exceed 25% of the total order amount. For more details, please see terms and conditions: https://www.afterpay.com/purchase-payment-agreement

What products are not eligible for purchase using Installments by Afterpay?
Afterpay is not available on purchases of gift cards. If you are purchasing gift cards along with Afterpay eligible products, you will need to place two separate orders.

How do I return or exchange an item purchased using Installments by Afterpay?
If you have changed your mind, you can return your Afterpay purchase by mail for a refund. Please check that your return or exchange meets our Return policy here. Afterpay will be notified of your return and will process the appropriate refunds. Please do not return your purchase to Afterpay. If you believe there is fault or concern with your Afterpay purchase payment, please contact Afterpay customer support at [email protected]

Where can I find out more about Afterpay?
If you would like to know more about Afterpay, visit the Afterpay website www.afterpay.com for a comprehensive list of FAQs, terms as well as Afterpay’s Privacy Policy which can be found at https://www.afterpay.com/privacy-policy If you have any questions about your Afterpay account, please contact Afterpay directly via web form at https://help.afterpay.com/hc/en-us

Submitted Materials

Please note that any suggestions, materials (including, without limitation, images, photographs, videos, and sound recordings), ideas or comments submitted to Avenue through our 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 respectful comments to 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.

Contests and Sweepstakes

From time to time, Avenue may post a contest, sweepstakes, or other similar promotion ("Sweepstakes") on Social Media sites or our Website. Unless otherwise stated in the Official Rules for such Sweepstakes, 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.

Love Wear Share Instagram Competition - Terms & Conditions of Entry

  1. This is an ongoing monthly giveaway where winners are announced on the last Tuesday of each month (the Promotional Period is 4 week Period).

  2. The promoter is City Chic Collective Limited, 151-163 Wyndham St, Alexandria NSW 2015. ABN 43 057 569 169. Ph: (02) 8303 9800

  3. Information about how to enter and the prizes available forms part of these terms and conditions of entry. By entering the competition, you agree to be bound by these terms and conditions.

  4. To enter the draw the entrant must complete the below steps:

    • Post a photo to Instagram in your favourite Avenue outfit & tag @avenueofficial 

    • Tell us in your caption in 25 words or less ‘Why you love your Avenue style’

    • Follow the @avenueofficial Instagram Account

  5. This is a game of skill and entries will be judged based on their creativity and originality.

  6. There will be 1 winner each month. The winner will be chosen on the last Monday of each month. The total maximum prize pool is $500 USD each month (1 x $500 Avenue vouchers). Prizes are not transferable or exchangeable for cash or alternate goods.

  7. The winners will be selected the last Monday of each month at City Chic Collective, 151-163 Wyndham St, Alexandria NSW 2015 from all entries received by 9am AEDT that day.

  8. Entry is open to residents of United States of America [who are aged 16 years of age or over].

  9. Incomplete, indecipherable, or illegible entries will be deemed invalid.

  10. No responsibility will be accepted for late, lost or misdirected entries.

  11. The Promoter reserves the right to verify the validity of entries and the information provided by entrants and to disqualify any entrant who submits an entry that is not in accordance with the terms and conditions of entry.

  12. The Promoter’s determination of the winners is final and no correspondence will be entered into.

  13. The winner will be notified by Instagram Private Message. The winner will be asked for their email address to receive confirmation details of the voucher and the conditions of use. The winner’s Instagram handle will be published on Avenue’s Social platforms.

  14. If necessary, the promoter may select further winners at the same time and place as the original selection, in order to distribute a prize if unclaimed by an original winner.

  15. All entries become the property of the Promoter and will be entered into a database. The Promoter may use the entrant’s images, names and Instagram handles for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid.

  16. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant or to modify, suspend, terminate or cancel the promotion, as appropriate.

  17. City Chic Collective reserves the right to change or end this promotion at any time without prior notice. 

Refer a Friend Program

Exclusive offer valid online only on avenue.com for a limited time only or while stocks last. No rainchecks. Not valid in conjunction with any other discount, offer, coupon code, promotion or voucher. Offer only redeemable in a single transaction online. Offer not redeemable for cash or credit. Not transferable. Not valid on previous purchases. Offer valid on full-priced items only. Discount applied at checkout with code.

Mobile Services

Mobile Terms & Conditions

AVENUE offers its customers mobile marketing alerts regarding promotions, sales, offers, and cart reminders by SMS message (the "Service") on short code 44088. Customers may also sign up to receive order and shipping notifications by SMS message (the "Service") on short code 72958. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.

Signing Up and Opting-In to the Service

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. AVENUE reserves the right to stop offering the Service at any time with or without notice.

By opting into the Service, you:

  1. Authorize AVENUE to use auto dialer or non-auto dialed technology to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
  2. Acknowledge that you do not have to agree to receive messages as a condition of purchase.
  3. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
  4. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please contact us at 1-888-843-2836. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Content You May Receive

Once you affirm your choice to opt-in to the Service on short code 44088, your message frequency may vary. You may receive alerts about:

  1. Sales
  2. Promotions
  3. Offers
  4. Cart reminders

Once you affirm your choice to opt-in to the Service on short code 72958, your message frequency may vary. You may receive alerts about:

  1. An order has been placed
  2. An order has been shipped
  3. An order has been delivered

Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.

Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. AVENUE may add or remove any wireless carrier from the Service at any time without notice. AVENUE and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To Stop the Service

To stop receiving text messages from AVENUE, text the word STOP to 44088 or 72958 any time or reply STOP to any of the text messages you have received from AVENUE. After texting STOP to 44088 or 72958, you will receive one additional message confirming that your request has been processed.


You can text HELP for help at any time to 44088 or 72958. You can contact us by phone at 1-888-843-2836. You can also contact us at https://help.avenue.com/hc/en-us.

Changes to Terms

These mobile terms and conditions are subject to change at any time without notice.

Jurisdiction and Governing Law

Our Website, the Privacy Policy, and related services described in these Terms are managed by Avenue from its offices in the State of New Jersey, United States of America. By accessing our 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. Our Website is not intended for use in any jurisdiction where such use would be a violation of law. If you access our 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 our Website or Social Media outside the United States and may limit access to our Website in Avenue’s discretion, based on geography or otherwise.


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 use 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 our 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, 45 North Broad St., Ridgewood, NJ 07451, Attn: Legal. 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 our Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever banned.


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.


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 our websites of your respective taxing authorities.


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.


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 our Website. Avenue also may terminate these Terms at any time and may do so immediately without notice, and deny you access to our 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 our 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 TermsAcceptable UseRestrictions on Use of MaterialsDisclaimer and IndemnificationLimitations of LiabilityPrivacy PolicySubmitted MaterialsSocial MediaJurisdiction and Governing LawDisputesNotifying us of Claimed Copyright Infringement, and General.=

Contact Information

Visit our Contact Us Page

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

C/O Avenue C/O Radial
8838 E County Rd.
100 South
Avon, IN, 46123, USA

Customer Service Phone Number: (888) 843-2836

To contact us regarding this Privacy Policy, contact us at:

45 North Broad St.
Ridgewood, NJ 07451
Attn: Legal
Email: [email protected]

Arbitration and Class Action Waiver

Arbitration and Class Action Waiver

Please read this carefully.  It affects your rights. Any dispute or claim relating in any way to your use of Avenue’s services will be resolved by binding arbitration, rather than court.

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory.  You and Avenue hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration.  Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”).  However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules.  The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.  YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND AVENUE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.


You and Avenue are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.  Avenue,  however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous.  Otherwise, the AAA’s Rules regarding costs and payment apply.

This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

If any term of this Section (Arbitration and Class Action Waiveris to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.  If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.