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.
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.
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.
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.
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.
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.