Overview

Indemnity, Assignment, Termination & Others

Indemnity

You will indemnify and hold AVA and AVA’s affiliates, subsidiaries, (and its affiliates’ respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of the terms and conditions, your improper use of AVA’s services or your violation of any law or the rights of a third party.

Assignment

You may not assign or transfer these terms of use, by operation of law or otherwise, without AVA’s prior written consent. Any attempt by you to assign or transfer these terms without such consent will be null and of no effect. AVA post or transfer these terms of use in its sole discretion without restriction. Subject to the preceding, these terms of use will bind and inure to the benefit of the parties, their successors and permitted assigns.

Termination

Notwithstanding any of these terms of use, AVA reserve the right, without notice and in its sole discretion, to terminate your license to use this website and to block or prevent future access to and use of this website if you violate any of its terms of use or its policies. Upon termination, these terms of use shall still apply.

Applicable Law, Venue And Limitation Of Actions

These terms of use and privacy policy are governed by and will be construed by the laws of the state of nevada, usa, without regard to its conflicts of law principles. Any legal action or proceeding relating to your access to, or use of, the website or these terms of use not subject to the arbitration provision set forth herein will be instituted only in a state, or federal court located in clark county, nevada, usa. You and AVA agree to submit to the jurisdiction of, and agree that the venue is proper in, these courts in any such legal action or proceeding.

Binding Arbitration

You and AVA agree that any controversy or claim arising out of or relating to the website, use of the website, the terms of use and the privacy policy shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for you in your hometown area), or at such other site may be mutually agreed upon by both AVA and you, by the applicable procedural rules outlined in the then prevailing comprehensive arbitration rules and procedures of jams (“jams rules and procedures”). Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The jams rules and procedures are available at www.jamsadr.com or by calling 800-352-5267. The arbitrator shall be selected pursuant to the jams rules and procedures. Alternatively, you may assert your claims in small claims court in accordance with the terms of this agreement if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitrator shall apply nevada law consistent with the federal arbitration act and applicable statutes of limitations and shall honor claims of privilege recognized at law. If you initiate arbitration against AVA, you will not be responsible for professional fees for the arbitrator’s services or any other jams fees. If AVA initiates arbitration against you, AVA will pay for the arbitrator’s services and any other jams fees associated with the arbitration. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by jams, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable, or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither you nor AVA shall be entitled to arbitrate their dispute. You or AVA may seek injunctive relief in a court of competent jurisdiction. The arbitration of disputes pursuant to this paragraph shall be in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. By agreeing to the arbitration of disputes as set forth herein, you agree that you are waiving your right to a jury trial and limiting your right to appeal and you understand that you are waiving your rights to other available resolution processes, such as a court action. Do not use this website if you do not agree to the foregoing binding arbitration provisions.

Consent To Email Communication

When you visit this website or send email to AVA, you are communicating with AVA electronically. You consent to receive communications from AVA electronically and agree that AVA may communicate with you by email or by posting a notice on this website. You agree that AVA may treat specific actions by you, such as checking boxes to receive email updates, sending AVA an email directly or through the website, or leaving a telephone message with an email address for customer service to respond to a query about your account, as a request that AVA communicate information with you by unencrypted email. You acknowledge and agree that unencrypted email sent over the internet is not secure and may be read by others, and you agree that when you request that AVA send you email, you are authorizing AVA to transmit and disclose your information (including financial information) from time-to-time in an unencrypted manner. You further acknowledge that emails sent with this information are not stored in a secure manner.

Legal Equivalency

This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

Limitation Of Liability

Under no circumstances will AVA be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use its services or for the unavailability of its services, for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these terms of use or your use of its services, even if such damages are foreseeable, and whether or not you have been advised of the possibility of such damages.

AVA is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of its services, or your failure to use or implement anti-fraud measures, security controls, or any other data security measures. AVA further denies responsibility for all liability and damages to you or others caused by (a) your access or use of services inconsistent with the terms of use; (b) any unauthorized access of servers, infrastructure, or data used in connection with its services; (c) interruptions to or cessation of its services; (d) any bugs, viruses, or other harmful code that may be transmitted to or through its services; (e) any errors, inaccuracies, omissions, or losses in or to any data provided to AVA; (f) third-party content provided by you; or (g) the defamatory, offensive, or illegal conduct of others.

You agree to limit any additional liability not disclaimed or denied by AVA to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the amount of the total amount paid by you to AVA during the three (3) month period immediately preceding the event that gave rise to your claim for damages. These limitations on AVA’s liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.

Miscellaneous

These terms of use, as they may be amended from time-to-time, completely and exclusively state the agreement between you and AVA with respect to the AVA website, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. The privacy policy may also be amended from time-to-time. Any cause of action you may have with respect to the AVA website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

If any part of these terms of use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these terms of use shall remain in full force and effect.

AVA’s failure to insist upon or enforce strict performance of any provision of these terms of use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and AVA nor any trade practices shall be deemed to modify these terms of use.

These terms of use are subject to change without notice.

 

 

 

Other Disclosures

We may disclose and otherwise process your personal data in accordance with applicable laws to defend AVA’s legitimate interests, for example, in civil or criminal legal proceedings.

Mergers And Acquisitions

If we decide to sell, buy, merge, or otherwise reorganize our businesses in certain states or countries, this may involve us disclosing personal data to prospective or actual purchasers and their advisors, or receiving personal data from sellers and their advisors, for the purposes of such transactions. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be sold or transferred to third parties. Should such a sale or transfer occur, we will use reasonable efforts to try to require that the transferee use personal information in a manner that is consistent with this privacy policy.

Data Concerning Minors

AVA does not seek to collect any information from or engage in any transactions with persons under the legal age in their respective country. Our databases may nevertheless contain personal data of children due to the fact that it is not always possible to determine precisely the age of the user. If we learn that a minor has provided personal information through our services, we will use reasonable efforts to remove such information from our files. We reserve the right to block the service from any person who is or whom we reasonably suspect of being a minor. AVA’s policy is to request that minors do not engage in other legal acts on relating to our services without the consent of a parent or legal guardian, unless otherwise permitted by applicable law. If you are a minor but have your legal guardian’s consent, you must be able to prove that such consent exists upon request.

Data Quality And Retention

We take reasonable steps to keep the personal data we possess accurate and up-to-date and to delete out of date or otherwise incorrect or unnecessary personal data.

Certain AVA’s services may allow you to manage your profile and the information in such profile. We encourage you to access your personal data via your profile from time to time to ensure that it is correct and up-to-date. Please remember that for such electronic services where you may manage your profile, it is your responsibility to provided us with correct details as well as to update the personal data you have provided us with in case of any changes.

We store your personal data only for a period necessary for the purpose in question or as long as required by applicable laws.

Data Security

AVA implements appropriate technical and organizational security measures to prevent and minimize risks associated with providing and processing personal data. While we make every effort to help ensure the integrity and security of our network and systems, we cannot guarantee our security measures.

Such security measures include, where appropriate, the use of firewalls, secure server facilities, encryption, implementing proper access rights management systems and processes, careful selection of processors, sufficient training of AVA’s personnel involved in the processing, and other necessary measures to provide appropriate protection for your personal data against unauthorized use or disclosure. Where appropriate, we may also take back-up copies and use other such means to prevent accidental damage or destruction of your personal data. Where the AVA website supports online transactions, we will use an industry standard security measure, such as the one available through “secure sockets layer” (“ssl”), to protect the confidentiality and security of online transactions.

Use Of Cookies And Web Beacons

From time-to-time when you visit the AVA website, information may be placed on your computer to allow us to recognize your computer in the form of a text file known as a “cookie”. Our use of cookies is intended to provide benefits to you, such as eliminating the need for you to enter your password frequently during a session. Cookies are also used for website traffic analysis and profiling.

the AVA website may also use other kinds of local storage technologies, such as local shared objects (also referred to as “flash cookies”) and html5 local storage. These technologies are similar to the cookies discussed above in that they are stored on your device and can be used to store certain information about your activities and preferences. However, these technologies may make use of different parts of your device from standard cookies, and so you might not be able to control them using standard browser tools and settings. You may prevent flash cookies from being stored by following the instructions provided by adobe.

AVA may use so called web beacons (or “pixel tags”) in connection with some websites. However, we do not use them to identify individual users personally. Web beacons are typically graphic images that are placed on a website, and they are used to count visitors to a website and/or to access certain cookies. This information is used to improve our services. Web beacons do not typically collect any other information than what your browser provides us with as a standard part of any internet communication. If you disable cookies, the web beacon will no longer be able to track your specific activity. The web beacon may, however, continue to collect information of visits from your ip-address, but such information will no longer be personally identifiable.

If you wish to disable cookies, or want to be notified before they are placed, you may do this in your browser settings. However, we may not be able to provide certain services, or you may not be able to view certain parts of our website if you have disabled cookies.

Please refer to your device’s settings or your internet browser’s “help” section for more information on how to delete and/or disable your device or browser from receiving cookies or controlling your tracking preferences. However, our system may not respond to do not track requests or headers from some or all internet browsers.

• to learn more about such interest-based advertising, and to opt out of such collection and use for interest-based advertising by the digital advertising alliance (daa) participating companies, please visit http://www.aboutads.info/choices/.
• to opt out from the use of information about your online activities for interest-based advertising by network advertising initiative (nai) member companies, please visit http://www.networkadvertising.org/choices/.
• to opt-out of the use of your mobile device id for targeted advertising, please see http://www.aboutads.info/appchoices.
• on your mobile device, you may also adjust your privacy and advertising settings to control whether you want to receive more relevant advertising.

Even if you opt out, you still may receive advertising from us that is not customized for you or from companies that do not participate in the daa or nai.

Some of our business partners whose content is linked to or from our website may also use cookies or web beacons. However, we have no access to or control over these cookies or web beacons.

You acknowledge and agree to the storage of cookies, other local storage technologies, beacons and other information on your devices and to the access of such cookies, local storage technologies, beacons and information by us and by the third parties mentioned above.