Welcome to Avenu. Avenu provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the Terms of Service at any time at: https://www.myavenu.com/Account/Terms. In addition, when using particular Avenu services, you and Avenu shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. If you are a member of an Avenu affiliate company, different terms of service may apply to you. Avenu also may offer other services from time to time that are governed by different Terms of Services.
Avenu currently provides users with access to an iPad application (iOS), that will also be available as a Web and smartphone application in the future, that includes Integrated Voice Response (IVR) technology, streaming audio, web services, and various communications tools or services (collectively the “Service”). Some of the items included in the Service may be privately branded through alliance programs. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Avenu to provide the Service. You also understand and agree that the service may include certain communications from Avenu, such as service announcements and administrative messages, and that these communications are considered part of Avenu membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Avenu properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that Avenu assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. Please be aware that Avenu does NOT allow its Service to contain adult or mature content.
You understand that your registration requires payment information via a valid credit card. This credit card will be automatically charged a one-time registration fee and will also be charged if “add-on” services are purchased within AvenuPro. Payment information will be required prior to completing the registration process.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Avenu has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Avenu has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Avenu 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. Avenu cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Avenu, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Avenu does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Avenu be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree not to use the Service to:
You acknowledge that Avenu does not pre-screen Content, but that Avenu and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Avenu and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Avenu or submitted to Avenu, including without limitation information in Avenu Message Boards, Avenu Clubs, and in all other parts of the Service. You acknowledge and agree that Avenu may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Avenu, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Avenu does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Avenu the following world-wide, royalty-free and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the Service are those areas of the Avenu network of properties that are intended by Avenu to be available to the general public. Publicly accessible areas of the Service would not include portions of Avenu that are limited to members, Avenu services intended for private communication, or areas off of the Avenu network of properties such as portions of World Wide Web sites that are accessible through Avenu but are not hosted or served by Avenu.
You agree to indemnify and hold Avenu, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
You acknowledge that Avenu may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, voice messages, or other uploaded Content will be retained by the Service, the maximum number of email or voice messages that may be sent from or received by an account on the Service, the maximum size of any email or voice message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Avenu's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Avenu has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Avenu reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Avenu reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Avenu reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Avenu shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Avenu may, without prior notice, immediately terminate your Avenu account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) use of product in violation of Fair Housing or Equal Credit Opportunity Laws, (f) unexpected technical issues or problems, and (g) extended periods of inactivity. If you cancel your account, cancellation shall take effect immediately. You will not receive a refund for non-recurring services and/or tangible items you may have purchased. Termination of your Avenu account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Avenu’s sole discretion and that Avenu shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Avenu shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Avenu has no control over such sites and resources, you acknowledge and agree that Avenu 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 Avenu 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.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Avenu or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Avenu grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Avenu for use in accessing the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AVENU SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AVENU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. IN ALL EVENTS, YOU EXPRESSLY AGREE THAT ANY LIABILITY OF AVENU TO YOU WILL BE LIMITED TO THE TOTAL MONTHLY SUBSCRIPTION FEES YOU PAID TO AVENU DURING THE TWELVE (12) MONTHS PRECEEDING ANY EVENT WHERE LIABILITY IS FOUND.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Avenu and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
Avenu, the Avenu logo, Avenu in Chinese Characters, MyAvenu, trademarks and service marks, and other Avenu logos and product and service names are trademarks of Avenu LLC (the "Avenu Marks"). Without Avenu's prior permission, you agree not to display or use in any manner, the Avenu Marks.
Avenu respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Avenu's Copyright Agent the following information:
Avenu's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:Copyright Agent
The TOS constitute the entire agreement between you and Avenu and govern your use of the Service, superseding any prior agreements between you and Avenu. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Avenu shall be governed by the laws of the State of Utah without regard to its conflict of law provisions. You and Avenu agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Utah. The failure of Avenu to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.