Terms and Conditions

TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING AVVAEATS.COM, THE RELATED WEBSITES AND/OR MOBILE APPLICATIONS (COLLECTIVELY, THE “SITE”). YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY ALL OF THE TERMS AND CONDITIONS GOVERNING YOUR USE OF THE SITE AND ANY MATERIALS CONTAINED THEREIN IS A CONDITION OF YOUR RIGHTS TO FURTHER ACCESS ANY AND ALL MATERIALS CONTAINED ON OR ACCESSED THROUGH THE SITE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE.

The terms and conditions under this agreement are listed at https://avvaeats.com/terms. It is recommended that you keep a copy of these Terms and Conditions and any licenses posted within or through the Site for your records, as they may change from time to time as added functions and services are incorporated into the Site. Your rights to use of this Site and any Software, Data and/or Documentation are restricted rights that are governed by the End User License Agreement contained herein, and include restrictions on use and/or transfer.

1. General. The Site is owned and operated by or on behalf of AVVA, LLC, a Georgia limited liability company (herein referred to as AVVA), and/or its brands, affiliates or subsidiaries (“AVVA Marketing™” and “AVVA Eats™”). By accessing, receiving, downloading, syncing, using, possessing or continuing to access any software, toolbars, user interfaces, applications and associated media (“Software”) for use with desktop computers and/or via wireless or other handheld or mobile devices (“Hardware”), printed, online and electronic materials associated therewith (“Documentation”) and data, materials, and content (“Data”) (collectively Software, Data and Documentation to be known as “Products” herein), you are entering into this Agreement with AVVA, and you hereby acknowledge and agree to the validity and applicability of the Terms and Conditions governing this Site, the Privacy Policy, any applicable Subscription Terms and Provider Terms, and agree to be bound hereto. You further agree to conduct transactions with AVVA by electronic means and that your electronic signature is the legally binding equivalent to your handwritten signature and that you will not, at any time in the future, repudiate the meaning or effectiveness of your electronic signature or claim that your electronic signature is not legally binding.

2. Fees. Please be advised that some, but not all, areas of the Site contain fee-based services and are subject to additional Subscription Terms.

3. Use of Service. You agree that the Site and its services are furnished and shall be used solely for your personal, business or institutional use, and are subject to AVVA’s Acceptable Use Policy. Such permitted uses do not include the right to directly or indirectly transmit, broadcast, redistribute, forward or deliver the Products or services or any part of the data, information, images or other products which constitute the Site, Products and/or services to any other person or entity, in any format (including, but not limited to framing, deep liking or embedding), or by any means (“Commercial Use”), absent a supplemental agreement in writing with AVVA. The Site and its services may be used for lawful purposes only and may not be used in a manner which violates or infringes AVVA’s expressly reserved rights, the rights of AVVA’s Providers or the rights of any third parties. You agree to use the Site consistent with these Terms and Conditions and shall not disclose your password to any unauthorized person. You shall be fully responsible for maintaining confidentiality of account access information and for all charges made to your account.

4. Access. Access to the Site is contingent upon you providing all equipment necessary to access the Internet, Products and/or services offered by AVVA. Access to the Site requires use of a web browser meeting the minimum specifications of AVVA. The Site and use of the AVVA Products and services through the Site is usually available 24 hours a day, 7 days a week; however, AVVA reserves the right to make the Site unavailable from time to time for any reason and at any time without prior notice. You agree that AVVA shall not be liable for any damages arising from any interruption, suspension or termination of the Site. The Products supplied by AVVA are made available on an electronic site in St. Paul, Minnesota, or other sites AVVA shall designate (“Designated Site”). Your options as to which Products are available, and how to move Products from the Designated Site to your location or your desktop computers and/or wireless or other handheld or mobile devices (“Hardware”), and/or to issue appropriate electronic commands to accept the Products at the Designated Site and move such items to an authorized location or to pass on authorized users to the Designated Site are limited by the type or format of the Products and/or services selected by you and your Hardware then in use. AVVA makes no guarantees that the Products and/or services selected by you will be operational with your Hardware.

5. Permitted Uses. You may download, view, copy and print Products incorporated in or accessed through this Site subject to the following: (1) the Products may be used solely for personal, informational, internal purposes and may not be re-distributed without the express written permission of AVVA; (2) the Products may not be modified or altered in any way; (3) any copyright or other proprietary notices must appear on all copied Products; and (4) certain Products on this Site may be subject to further use, modification, copying and/or dissemination restrictions that shall override this general grant to use the Products (please see the Notice Specific to Products Available on this Website). Access to and copying/distribution of original user content (i.e. such as from chat rooms, message/bulletin boards, photo gallery, feedback forums, etc.) shall be controlled by restrictions imposed by the originator of the content or by the Acceptable Use Policy. AVVA expressly reserves the right to refuse any materials for submission or upload by you or other users of this Site. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute or redistribute any information or Products from the Site in whole or in part without the prior written permission of AVVA or its Providers, which AVVA reserves the right to grant or deny as it sees fit in its sole discretion. Requests to reprint or re-distribute Products and other materials accessed from the Site should be directed to the originator of the Products or materials.

6. Intellectual Property. Information furnished by AVVA to you is intended for your sole and exclusive use and shall be considered proprietary information, the ownership of which shall remain with AVVA or its Providers. All Products, information, data, images, and other things comprising the services are to be considered copyrighted by AVVA, its Providers or the content originator, as the case may be, and they remain the sole and exclusive property of such persons. You are authorized to use such for the purposes stated herein and to store such information during the term hereof. You may not store for future use such information beyond that period, nor develop a library of such information. You agree not to copy materials on the Site, not to reverse engineer or break into the Site and not to use the Site materials, Products or services to violate law, the Notice Specific to Products Available on this Website, AVVA’s Privacy Policy, or the Acceptable Use Policy. REGARDLESS OF ANY OTHER PROVISION HEREIN, THE TRADEMARKS OF AVVA, AVVA MARKING OR AVVA EATS SHALL NOT BE USED BY YOU IN ANY WAY, ESPECIALLY NOT AS A MEANS OF IDENTIFYING THE SOURCE OF THE SERVICES TO PUBLIC AUDIENCES OR CLIENTELE WITHOUT A SPECIFIC LICENSE TO DO SO FROM AVVA.

7. Trademark Information. AVVA™, AVVA.COM™, AVVAEATS.COM™, AVVAMARKETING.COM™, and all other AVVA product names, service names, slogans or logos referenced in this Site are trademarks or registered trademarks of AVVA, LLC, a Georgia limited liability corporation. All other company, product or service names referenced in this Site are used for identification purposes only and may be trademarks of their respective owners.

8. Copyright Information. Copyright © 2018, AVVA, LLC. All rights reserved. Original user content submitted by users or Providers to the Site or where expressly provided otherwise by AVVA is proprietary to the submitting users and/or Providers, is protected by copyright law and is subject to the usage restrictions separately set forth in the Notice Specific to Products Available on this Website.

9. Acceptable Use Policy. You agree not to use the Site, Products or services to:
(a) upload, post or otherwise transmit any data or content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or without another’s permission, hateful, or racially, ethnically or otherwise objectionable to any person for any reason, natural or corporate;
(b) upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party;
(c) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, including, without limitation, the solicitation of users to become users of other on-line information services competitive with AVVA;
(d) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(e) interfere with or disrupt AVVA or servers or networks connected to AVVA, or disobey any requirements, procedures, policies or regulations of networks connected to AVVA;
(f) tamper in any way with the Products or functionality of the Site, such as placing on the Site material that contains any viruses, time bombs, trojan horses, worms, Easter eggs, cancelbots or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or information, or utilize bots, agents, auction crawlers and other computer-based crawling programs on the Site.

AVVA EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY MATERIALS UPLOADED OR PLACED ON THE SITE BY YOU OR OTHER USERS OF THE SITE.

10. Notice Specific to Products Available on this Site. Permission to use Products from this Site is granted, provided that: (1) any resident copyright notices appear in all copies and that both the copyright notice and this permission notice appear; (2) use of such Products from this Site is for your use only and will not be copied or posted on any network computer or broadcast in any media absent an express written agreement with AVVA; (3) the Products shall not be used on data outside of this Site absent an express written agreement with AVVA and shall be in compliance with the End User License Agreement; (4) no unauthorized modifications of any Products are made; (5) to the extent modifications are made, a notice of modification including the subject matter of modification appear with the modified Products; and (6) any use of Provider Products is consistent with any applicable Provider Terms. Use for any other purpose is expressly prohibited by law, and may result in civil and criminal penalties. Subject to AVVA’s Privacy Policy, or where expressly provided otherwise by AVVA, all comments, feedback, information or materials submitted to AVVA through or in association with this Site shall be considered non-confidential and property of AVVA. BY SUBMITTING SUCH COMMENTS, FEEDBACK, INFORMATION OR MATERIALS TO AVVA, YOU AGREE TO A ROYALTY-FREE, UNLIMITED, IRREVOCABLE ASSIGNMENT TO AVVA OF ALL WORLDWIDE RIGHTS, TITLE AND INTEREST IN ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS TO THE COMMENTS, FEEDBACK, INFORMATION OR MATERIALS. AVVA SHALL BE FREE TO USE SUCH COMMENTS, FEEDBACK, INFORMATION OR MATERIALS ON AN UNRESTRICTED BASIS. FOR YOUR CONVENIENCE, AVVA MAY MAKE AVAILABLE ON THIS SITE OR IN ITS PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. AVVA DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THIS SITE OR IN AVVA PRODUCTS. Products, as specified above, do not include original user content hosted on this Site, the design or layout of the Site or any other AVVA owned, operated, licensed or controlled site. Elements of the Site are protected by copyright, patent, trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Site may be copied or retransmitted unless expressly permitted by AVVA, its Providers, or the originating user associated with original user content displayed on this Site.

11. Additional Products and Services. Certain services, in addition to those described in this Agreement, or as offered by AVVA through other product licenses and/or service agreements may be made available as part of, or through this Site, by Providers, or by AVVA, and may be subject to terms and conditions in addition to those in this Agreement, which terms and conditions are available upon registering for or subscribing to the products and/or service(s) (“Provider Terms”). Any Provider Terms are in addition to these Terms and Conditions, and apply only to that Provider’s service or content unless explicitly stated otherwise. Should an additional service be made available on this Site or from AVVA without additional Provider Terms, these Terms and Conditions shall apply. TO THE EXTENT THAT AVVA SERVICES ARE BEING MADE AVAILABLE THROUGH THIS SITE, THE PROVISIONS IN THESE TERMS AND CONDITIONS SHALL MODIFY OR AMEND ANY CONFLICTING TERMS IN OTHER AVVA AGREEMENTS. Additional Provider Terms for any products or services provided with AVVA registration may be made available through the Site via hyperlinks and are applicable should you choose to use their products or services.

12. No Warranties/Limit of Liability. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE, ERRORS ON THE SITE, AND THE INTERNET GENERALLY. THIS SITE AND THE PRODUCTS ARE PROVIDED BY AVVA ON AN “AS IS” BASIS. AVVA AND ITS PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AVVA AND ITS PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, INSTALL, AND/OR USE THE TOOLBAR(S) AND OTHER PRODUCTS MADE AVAILABLE ON THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT AVVA WILL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES OR DISRUPTION TO YOUR COMPUTER OR SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADS. AVVA AND ITS PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM THE LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, ANY DELAYS ON THE SITE, ANY PURCHASE, LICENSE OR SERVICE RELATED TO THE SITE, OR THE INABILITY TO USE THE SITE, ANY PORTION THEREOF, OR ANY HYPERLINKED OR EMBEDDED SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AVVA OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF AVVA AND ITS PROVIDERS ARISING OUT OF OR IN ANY WAY RELATED TO USE OF ANY OF THE PRODUCTS OR THIS SITE OR ITS IMPLEMENTATION SHALL NOT EXCEED THE GREATER OF $1.00 OR 50% OF THE FEES PAID BY YOU TO AVVA UNDER THESE TERMS AND CONDITIONS AND ANY APPLICABLE SUBSCRIPTION TERMS OR PROVIDER TERMS. THIS SHALL BE THE EXCLUSIVE REMEDY HEREUNDER.

13. Indemnification. You hereby agree that you will defend, indemnify and hold harmless AVVA and its Providers from all manners of suit, actions, damages, charges and expenses, including attorney and counsel fees, which AVVA or its Providers may sustain by reason of your use of this Site, your breach of any of the terms, covenants or conditions of these Terms and Conditions, or other claims against AVVA arising from these Terms and Conditions.

14. Export Controls. This Site and the Products may only be used in compliance with applicable statutes or regulations relating to the export control laws and regulations of the United States of America and any amendment thereof. You acknowledge that no Products or other underlying information or technology accessed hereunder may be accessed, downloaded, used, possessed or otherwise exported or re-exported to (or to a national or resident of) any country outside of the United States (including further export if you took delivery of the Software, Data or Documentation inside the United States) without first complying strictly and fully with all export controls that may be imposed by the United States Government or any country or organization of nations within whose jurisdiction you use the Software, Data, Documentation or other underlying information or technology. If you have any questions regarding its obligations under the United States of America Export Regulations, you should contact legal counsel of your choosing.

15. Third Party Sites and Providers. This Site may link, redirect, connect, “frame”, utilize plug-ins, integrate applications recognized automatically by the browser and otherwise direct you to, without limitation, other sites, servers, third party internet data, software or service providers, software developers, internet storefronts, Internet Service Providers and mobile/wireless communications carriers, among others (“Providers”). To the extent applicable, these Terms and Conditions shall apply. In order to utilize some of the AVVA Products and services, you may have to use, accept, install and review information, data, executables, programs, software and other items from Providers that are not under the control of AVVA. This may occur with or without your knowledge and although the visual representation on your screen may appear to be a AVVA website, the information, data, executables, programs, software and other items may come from Providers and may not be under the control of AVVA. You acknowledge that AVVA is not responsible for the accuracy, copyright and other intellectual property compliance, legality, decency, or any other aspect of the content of such Providers. Your use of this Site and the products and services through these Providers is at your own risk. AVVA is not responsible for webcasting or any other form of transmission received from any linked site, nor the failure of any services provided through mobile/wireless carriers, internet storefronts, or other Providers. AVVA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AVVA, nor has AVVA independently authenticated products or materials provided by Providers.

16. Advertisements. The Site is supported by advertising revenue and may include advertisements for products and services offered by third parties. AVVA makes no representations or warranties with respect to the quality, appropriateness, accuracy, truthfulness, reliability, business ethics, or other aspects of any such advertisements and/or the organizations placing the advertisements and shall have no responsibility or liability for any claims arising out of or related to any such advertisements, the contents thereof, the products or services promoted therein, or the fulfillment thereof. It is a user’s sole responsibility to satisfy himself or herself as to the desirability of dealing with any given advertiser and to understand the relationship is between the user and the advertiser and not with AVVA. AVVA may display political advertising as a business transaction, from advocacy groups and candidates for office. AVVA does not endorse candidates for political office or endorse any political statements, positions or issues.

17. Privacy. AVVA Marketing and AVVA Eats is committed to safeguarding your privacy online and has established a Privacy Policy to explain to users how their information is collected and used. Your use of the Site or any of AVVA Marketing and AVVA Eats’ products, services, data, materials or content signifies your acknowledgement of, and agreement to, AVVA Marketing and AVVA Eats’ Privacy Policy. AVVA Marketing and AVVA Eats reserves the right to modify or amend its Privacy Policy from time to time as it deems necessary in its sole discretion.

18. Modifications. AVVA Marketing and AVVA Eats may modify this Agreement at any time, and the new terms and conditions will become effective by posting the new terms and conditions in the same location as the previous terms and conditions were posted. AVVA Marketing and AVVA Eats has the right at any time to modify or cancel any feature or functionality of the Site, including hours of availability, content, applications, and equipment requirements for use with the Products and/or services, and AVVA reserves the right to suspend or terminate access to this Site and/or the Products and/or services or remove any content placed on the Site at any time as AVVA deems necessary in its sole discretion.

19. Terms of Service. These Terms and Conditions are effective upon acceptance and shall remain and continue until terminated by AVVA. Neither this Agreement nor any rights or obligations hereunder may be assigned by you without the express written permission of AVVA, which AVVA may withhold in its sole discretion, and any purported transfer of rights shall oblige the transferee to these Terms and Conditions, and your rights will be terminated. You may terminate these Terms and Conditions by destroying, removing or obliterating the Products and all copies thereof, and certifying as such to AVVA in whatever form or format requested by AVVA. AVVA may terminate your right to use the Site and its Products and services as it deems necessary in its sole discretion. Upon such termination by AVVA, you agree to certify the destruction, removal or obliteration of the Products and all copies thereof to AVVA in whatever form or format requested by AVVA.

20. Notice. Posting of notice(s) on the Site by AVVA shall constitute notice to you. Written notice of termination and requests for credit shall be provided in the following manner: e-mail notification to legal@AVVAmarketing.com. Absolutely no credits or refunds are available for month-to-month or one-time fee-based services, including, without limitation, one time service packages or online ordering services.

21. Choice of Laws / Jurisdiction. This Agreement is governed by the laws of the State of Georgia, with the exception of export control or other matters of federal question that are governed by the laws of the United States of America. Any dispute arising out of this Agreement or related thereto shall be subject to the jurisdiction of the state or federal courts, as applicable, located in Marietta, Georgia and you consent to the personal jurisdiction thereof.

22. Subscription Terms. You agree to pay to AVVA the fees stated or as specified from time to time for various fee-based Products and services available by or through AVVA, and you are responsible for promptly paying for AVVA Products and services. Failure to pay these fees in a timely manner will result in an interruption of fee-based Site Products and services and the functional inability to access the fee-based sections of the Site. Charges will be calculated based upon the subscription package selected,and are applicable to the current version of the package selected. Upgrades related to Hardware changes or new releases may be subject to additional charges. Failure of payment shall render due and payable all sums plus a late payment charge of one and one half percent (1.5%) per month. Fees may be prorated for portions of months. You authorize AVVA to charge your billing or credit card account(s) or bank account on a recurring basis from the time you initiate your subscription until the effective termination date of the subscription in accordance with these terms of use for any and all fees and other charges due and owing AVVA. Use of the service beyond the free time or without proper authorization will result in charges to billing or credit card account(s). Fees and payment terms are subject to change without notice. Packages, once purchased, are nonrefundable, regardless of use or lack of use by you. Absolutely no credits or refunds are available for month-to-month or one-time fee-based services, including, without limitation, website service packages or online ordering services. Once a charge has been processed to your credit card or bank account, you shall not request your bank or credit card company to reverse the charge or charge it back to AVVA. If you have a legitimate basis to request a credit for a charge previously processed against your credit card account, you shall request a credit from AVVA by written notice and resolve the issue directly with AVVA. Any reversed charges which cause the financial institution or credit card company to impose a charge back, refund, or credit cost against AVVA shall be re-imposed by AVVA upon you. Such costs may exceed the cost of the reversed item or charge back by many times. Should a dispute arise between you and AVVA, AVVA, if the prevailing party, shall be entitled to its costs and attorneys’ fees incurred therein, regardless of whether formal litigation is initiated. You shall not be entitled to any award of attorneys’ fees in any circumstance.

23. Renewal Terms. Monthly subscription packages shall continue to renew monthly until thirty (30) days after proper termination notification is received by AVVA from you.

24. LANGUAGE. TO THE EXTENT THIS AGREEMENT MAY BE TRANSLATED INTO A LANGUAGE OTHER THAN ENGLISH AND THERE IS A CONFLICT OF TERMS BETWEEN THE ENGLISH AND OTHER LANGUAGE VERSIONS, THE ENGLISH VERSION SHALL CONTROL.

25. ENTIRE AGREEMENT. THESE TERMS OF USE, TOGETHER WITH ANY END USER LICENSE AGREEMENT, SUBSCRIPTION TERMS, PROVIDER TERMS, AND/OR ANY OTHER AGREEMENTS OR TERMS OF USE APPEARING OR REFERENCED ON THIS SITE AND/OR ENTERED INTO BETWEEN THE PARTIES IN WRITING REPRESENT THE ENTIRE SET OF TERMS AND CONDITIONS GOVERNING YOUR USE OF THE PRODUCTS (WHERE APPLICABLE) ACCESSED THROUGH THIS SITE, AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES. These Terms and Conditions may only be modified in writing by AVVA.