Avenues Auction & Realty LLC dba/ Avenues ARE LLC
Terms, Sales & Payment Policy
I. Avenues ARE LLC STANDARD TERMS AND CONDITIONS
Please read these terms and conditions carefully. They contain important information concerning customer’s (“Customer”) legal rights, warranties, obligations and available dispute resolutions remedies. They also provide that if Avenues ARE LLC is unable to resolve any matter to Customer’s satisfaction, Customer will exclusively use arbitration to decide the dispute and Customer will bring its claim solely on an individual basis and not in a class action or representative proceeding.
Except in those instances where Avenues ARE LLC and a business Customer (“Business Customer”) enter into a separate written contract for the purchase of products and/or services providing for separate terms of sale, the following terms and conditions will apply. For clarification, the term “Customer” includes Business Customers as well as individuals, and the term Business Customer includes, but is not limited to, government, institutional, and educational customers.
Avenues ARE LLC reserves the right to revise these Terms and Conditions at any time.
A. SALES POLICY FOR PRODUCTS
1. Customers.
Avenues ARE LLC, Inc. ("Avenues ARE LLC") sells its complete offering to Government Entities, Business Customers, while also serving individuals.
2. Prices.
A. “Web or MSRP Prices” quoted on Avenues ARE LLC.com: (i) are offered to Customers that do not have other pricing arrangements with Avenues ARE LLC; (ii) are subject to these Terms of Sale; (iii) are available for orders placed on Avenues ARE LLC.com, by phone, (iv) do not include freight, handling fees, taxes, and/or duties; and (v) are subject to change or correction at any time and without notice.
B. Customers that have other pricing arrangements with Avenues ARE LLC can view their prices and the applicable prices to which discounts, if any, are applied, when logged into their Avenues ARE LLC.com account. Export orders may be subject to other special pricing.
C. Avenues ARE LLC reserves the right, in its sole discretion, to offer a volume discount (“Volume Discount”) to Customers based upon the quantity of products purchased in a single transaction. Volume Discount pricing is subject to product availability, and quantity limits may apply. Resale by Customers at retail or online of products purchased under Volume Discount pricing is Strictly Prohibited. Any product reseller attempt will be charged an additional 50% of their total purchases, dating back to the time the customer has been an Avenues ARE LLC client, (regardless of company affiliation or independent buyer) at the time of purchase. Avenues ARE LLC reserves the right to: (i) accept or reject any Volume Discount order; or (ii) charge the full price for the product if the event that Volume Discount priced items are returned.
3. Sales Tax.
Customer is responsible for payment of all applicable state and local taxes, or for providing a valid sales tax exemption certificate. When placing an order, Customer shall indicate which products are tax exempt.
4. Payment and Credit Terms.
Avenues ARE LLC accepts cash, checks, money orders, Visa, MasterCard, Discover, and American Express. For Customers with established Avenues ARE LLC credit, payment terms are net fifteen (15) calendar days from the date of shipment pick-up bill of lading. Avenues ARE LLC’s preferred method for Business Customer’s payment is via Electronic Funds Wire. All credit extended by Avenues ARE LLC and the limits of such credit, is at Avenues ARE LLC’s sole ]discretion, and may be reduced or revoked by Avenues ARE LLC at any time, for any reason. As a condition for the continued extension of credit, Customer agrees to provide Avenues ARE LLC with current credit information and the latest annual financial statement within five (5) business days following request by Avenues ARE LLC. Avenues ARE LLC reserves the right to charge a convenience fee for late payments. Avenues ARE LLC further reserves the right to charge Customer a late payment fee at the rate of three percent (3%) of the amount due for each month or portion thereof that the amount due remains unpaid, or such amount as may be permitted under applicable law. Anticipation and cash discounts are not allowed. Export orders are subject to special export payment terms and conditions identified in Section III. All payments must be made in U.S. dollars. Avenues ARE LLC has the right of set-off and deduction for any sums owed by the Customer to Avenues ARE LLC.
If the Customer fails to make payment within twenty calendar (20) days of shipment or pick-up, or fails to comply with Avenues ARE LLC’s credit terms, or fails to supply adequate assurance of full performance to Avenues ARE LLC within a reasonable time after requested by Avenues ARE LLC (such time as specified in Avenues ARE LLC's request), Avenues ARE LLC may defer shipments until such payment or compliance is made, require cash in advance for any further shipments, demand immediate payment of all amounts then owed, elect to pursue collection action (including without limitation, attorneys’ fees and any and all other associated costs of collection), and/or may, at its option, cancel all or any part of an unshipped order. If Customer fails to comply with these payment terms, Avenues ARE LLC may, at its sole discretion, and without notice, immediately terminate any agreements it has with Customer. Upon such termination all amounts owed by Customer to Avenues ARE LLC shall become immediately due and payable.
Avenues ARE LLC has the right, at any time and in its sole discretion, to immediately change the terms of any credit extended to Customer if: (i) there is a material change in Customer’s financial capability or creditworthiness; (ii) Business Customer enters into or signs an agreement regarding any Change of Control; or (iii) a trustee, receiver or examiner is appointed for Business Customer or its affiliates or subsidiaries or Business Customer’s plan of reorganization is confirmed by a U.S. Bankruptcy Court. “Change of Control” means any (x) sale, lease, or other disposition of all or substantially all of Business Customer’s assets; (y) transaction or series of related transactions (by stock sale or otherwise) in which any person or entity becomes the beneficial owner, directly or indirectly, of more than 50% of Business Customer’s voting control; or (z) merger or consolidation involving Business Customer.
Additionally, Business Customer, and each of its subsidiaries and affiliates, agrees to provide to Avenues ARE LLC proper authorization necessary for Avenues ARE LLC to request any financial information from third parties.
Business Customer hereby unconditionally guarantees payment as a primary obligor of, as provided herein, all purchases made by Business Customer, its subsidiaries and affiliates. Each of Business Customer’s subsidiaries and affiliates purchasing from Avenues ARE LLC are jointly and severally liable for all purchases made by Business Customer and its subsidiaries, and Customer is also acting as agent for such subsidiaries and affiliates. Business Customer further agrees to defend, indemnify and hold harmless Avenues ARE LLC from any and all claims, injuries, damages, losses or suits, including, without limitation, attorneys’ fees and costs, arising out of, or in connection with any attempt to disgorge or recover payments to Avenues ARE LLC made on behalf of Business Customer by a subsidiary and affiliate on the grounds that such payment was improper, unauthorized, or constituted a fraudulent transfer.
5. Security Interest.
Customer hereby grants to Avenues ARE LLC a first priority purchase money security interest and/or chattel mortgage in the products and any accounts receivable or cash from resale thereof until full payment is made to Avenues ARE LLC. Customer agrees to file, and it permits and authorizes Avenues ARE LLC to file, any financing statements or other appropriate documents with its governmental authorities to perfect the validity, priority, and enforceability of Avenues ARE LLC’s lien or security interest.
6. Credit Balance.
Customer agrees that any credit balance(s) issued by Avenues ARE LLC must be used within one (1) year from the date the credit was issued and may only be used for purchases of products. Any unused credit or portion thereof will automatically expire after one (1) year, or be processed pursuant to state law.
B. DISPUTE RESOLUTION - ARBITRATION
Any dispute of any sort that might arise between Avenues ARE LLC and Customer, including any matters or disputes relating to or arising from the purchase or use of any product, service, or information offered or made available through Avenues ARE LLC, or arising from or relating to any communication between Customer and Avenues ARE LLC or its agents, will be resolved by binding arbitration, rather than in court, and solely on an individual basis and not in a class, consolidated or representative action.
Customer acknowledges and agrees that it is waiving the right to sue or go to court to secure relief. The Federal Arbitration Act and federal arbitration law apply to all disputes between Avenues ARE LLC and Customer, including any disputes relating to or arising from any purchases made by Customer.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).
To begin an arbitration proceeding, Customer must send a letter requesting arbitration and describing its claim to Avenues ARE LLC’s registered agent, Jane Hawkins, PO Box 3574, Bay St. Louis, MS 39521. If applicable, the arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.
Payment for all filing, administration and arbitrator fees will be governed by the AAA’s rules. For claims totaling less than $10,000, Customer may choose to have the arbitration conducted by telephone, or based on written submissions. For all other claims, the proceeding will be conducted in person in the county where Customer lives or at another mutually agreed location.
Under the terms of AAA Rule 7 of the AAA Rules, Customer and Avenues ARE LLC each agree that the arbitration panel has the power to rule on any objections to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim. If for any reason a claim proceeds in court rather than in arbitration Avenues ARE LLC and Customer each waive any right to a jury trial and further agree that any such court proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
If any provision of this Section B, is held to be invalid or unenforceable, then that provision or portion notwithstanding, this Section B will remain in force and effect, and such provision or portion will be deemed omitted, and this Section B will be construed as if such provision had not been contained herein.
Avenues ARE LLC and Customer both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
C. FREIGHT POLICY
All Catalog Products and Sourced Products are shipped F.O.B. Origin with all costs imposed by the carrier related to the shipment paid by Avenues ARE LLC and charged to Customer on Customer’s invoice. Receipts for freight charges will not be furnished. COD shipments are not permitted. Fuel surcharges and other surcharges may be applied. Title and risk of loss pass to Customer upon tender of shipment to the carrier. If the product is damaged in transit, Customer's only recourse is to file a claim with the carrier. If Buyer chooses freight collect, shipments will be F.O.B. Origin using carrier designated by Customer.
D. PRODUCT WARRANTY POLICY
1. SATISFACTION GUARANTEE TO ALL CUSTOMERS.
Customer should contact Avenues ARE LLC if not satisfied with a product for any reason. Avenues ARE LLC will promptly provide an exchange if the product is defective and returned within 15 days of date of invoice, with proof of purchase from Avenues ARE LLC.
2. LIMITED WARRANTY.
A. ALL PRODUCTS SOLD ARE WARRANTED BY THE MANUFACTURER OF THE PRODUCT ONLY FOR USE IN BUSINESS OR GOVERNMENT; NO RESALE PERMITTED.
3. WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY.
A. FOR BUSINESS CUSTOMERS: EXCEPT AS SET FORTH HEREIN AND WHERE APPLICABLE, NO WARRANTY OR AFFIRMATION OF FACT OR DESCRIPTION, EXPRESS OR IMPLIED, IS MADE OR AUTHORIZED BY AVENUES ARE LLC. AVENUES ARE LLC DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. AVENUES ARE LLC ALSO DISCLAIMS ANY LIABILITY FOR CLAIMS ARISING OUT OF PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, IMPROPER INSTALLATION, PRODUCT MODIFICATION, MIS-REPAIR OR MISAPPLICATION. AVENUES ARE LLC EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES TO THE EXTENT PERMISSIBLE. AVENUES ARE LLC'S LIABILITY IN ALL EVENTS IS LIMITED TO THE PURCHASE PRICE PAID FOR THE PRODUCT THAT GIVES RISE TO ANY LIABILITY.
B. FOR ALL OTHER CUSTOMERS: EXCEPT AS SET FORTH HEREIN AND WHERE APPLICABLE, NO WARRANTY OR AFFIRMATION OF FACT OR DESCRIPTION, EXPRESS OR IMPLIED, IS MADE OR AUTHORIZED BY AVENUES ARE LLC. AVENUES ARE LLC DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. AVENUES ARE LLC ALSO DISCLAIMS ANY LIABILITY FOR CLAIMS ARISING OUT OF PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, IMPROPER INSTALLATION, PRODUCT MODIFICATION, MIS-REPAIR OR MISAPPLICATION. AVENUES ARE LLC EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES TO THE EXTENT PERMISSIBLE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY AND OTHER RIGHTS MAY BE AVAILABLE.
4. Warranty Product Return.
Before returning any product, Customer may contact Avenues ARE LLC by calling Avenues ARE LLC’s Customer Care at 1-844-415-7653. Proof of purchase is required in all cases.
5. Manufacturer’s Warranty.
For information on a specific manufacturer's warranty, please contact Avenues ARE LLC @ 844-415-7653.
6. Product Compliance and Suitability.
Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Certain products may not be available for sale in all areas. Avenues ARE LLC does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does Avenues ARE LLC accept responsibility for construction, installation and/or use of a product. It is Customer's responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.
7. Cross-Reference Information.
Product cross-reference comparisons or product alternatives that are presented do not imply that products are available or perfectly comparable. CROSS-REFERENCED PRODUCTS OR PRODUCT ALTERNATIVES ARE NOT REPRESENTED OR WARRANTED AS FUNCTIONAL OR PERFORMANCE EQUIVALENTS. Customer shall review all cross-referenced product or product alternative specifications prior to purchase and use to determine suitability of the product for Customer's intended use.
E.PRODUCT INFORMATION
1. Catalog/Website Information.
Avenues ARE LLC is a distributor of products. Information about the products in the Avenues ARE LLC catalog or web site is provided by the manufacturers and/or suppliers. Product depictions in the catalogs and websites are for illustrative purposes only. Possession of, or access to, any Avenues ARE LLC catalog, literature or websites does not constitute the right to purchase products. Avenues ARE LLC reserves the right to revise publishing errors in its catalogs or any of its websites. Despite our efforts, occasional pricing errors may occur in the Avenues ARE LLC catalogs and websites, and Avenues ARE LLC reserves the right to correct or change such pricing errors without notice. Avenues ARE LLC further reserves the right to cancel any and all orders resulting from such pricing errors, even if Customer has received an order confirmation from Avenues ARE LLC.
2. Product Substitution.
Products and/or country of origin may be substituted and may not be identical to descriptions and/or images published in the catalog or on the website.
3. Safety Data Sheets.
Safety Data Sheets (“SDS”) for OSHA defined hazardous substances are supplied by the manufacturers and/or suppliers. AVENUES ARE LLC MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIABILITY TO ANY CUSTOMER OR USER WITH RESPECT TO THE ACCURACY OF THE INFORMATION OR THE SUITABILITY OF THE INFORMATION IN ANY SDS. CUSTOMER END USER IS SOLELY RESPONSIBLE FOR ANY RELIANCE ON OR USE OF ANY INFORMATION, AND FOR USE OR APPLICATION OF ANY PRODUCT. To request an SDS: log on to Avenues ARE LLC.com and click on the “View the Safety Data Sheet” (SDS) for this item, or email Orders@AvenuesARE.com or write to: Avenues ARE LLC, PO Box 3574, Bay St Louis, MS 39521.
4. California Proposition 65.
The State of California requires that certain warnings be given concerning products which contain chemicals subject to Proposition 65. A complete list of Proposition 65 regulated chemicals is available at www.oehha.ca.gov. For identification of products which contain a chemical subject to Proposition 65, go to Avenues ARE LLC.com. Applicable Proposition 65 warning(s), (see below) are provided directly on the Avenues ARE LLC.com product page and upon product purchase.
Warning: This product contains a chemical known to the State of California to cause cancer.
Warning: This product contains a chemical known to the State of California to cause birth defects or other reproductive harm.
5. Important Notice to Federal Customers Re: Country of Origin.
While products listed on GSA Advantage!® meet the requirements of the Trade Agreements Act (“TAA”), as implemented by Federal Acquisition Regulations Part 25, other products sold by Avenues ARE LLC may not meet the requirements. At the time of purchase, Avenues ARE LLC will advise properly identified and authorized Federal Customers if a product is “TAA-compliant.” Any Federal Customer purchasing a non-TAA item will be making an “open market” purchase that is not covered by any contract. Federal Customers are advised that the open market purchases are NOT GSA schedule purchases. By purchasing any product on the open market, the Federal Customer represents that it has authority to make such purchase and has complied with all applicable procurement regulations.
F. GENERAL TERMS
1. Electronic Data Interchange.
If Avenues ARE LLC and Business Customer mutually agree to use an Electronic Data Interchange (“EDI”) system to facilitate purchase and sale transactions, Business Customer agrees that it will not contest: (i) any contract of sale resulting from an EDI transaction under the provisions of any law relating to whether agreements must be in writing or signed by the party to be bound thereby; or (ii) the admissibility of copies of EDI records under the business records exception to the hearsay rule, the best evidence rule or any other similar rule, on the basis that such records were not originated or maintained in documentary form. Avenues ARE LLC and Business Customer will negotiate and agree on technical standards and methods to use in making EDI purchases, and will use reasonable security procedures to protect EDI records from improper access. In the event of a conflict, the business records maintained by Avenues ARE LLC regarding EDI purchases made by Business Customer shall be deemed to be conclusive.
2. Third Party Payment Provider.
If Business Customer elects to use a third party payment system provider (“Third Party Provider”) and Avenues ARE LLC is charged fees by the Third Party Provider, Avenues ARE LLC reserves the right to seek reimbursement from Business Customer for any and all costs paid to the Third Party Provider for the transfer of funds, retrieval of payment detail, or any other purpose from the Third Party Provider.
3. Intellectual Property.
Customer shall have no right, title, or interest in the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogs or any other intellectual property rights (“IP”) reserved by Avenues ARE LLC, or any IP owned by manufacturers and/or suppliers to Avenues ARE LLC. All materials contained in Avenues ARE LLC catalogs or on its web sites are subject to the ownership rights of Avenues ARE LLC and its manufacturers and/or suppliers. Customer shall have no right to copy or use any IP of Avenues ARE LLC or its manufacturers and/or suppliers without Avenues ARE LLC's permission.
4. Independent Contractors.
Avenues ARE LLC and Customer are independent contractors and not principal and agent. Nothing contained in these terms and conditions shall be construed to create a partnership, dealership, reseller, agency, employment or joint venture relationship. Customer does not have the right to bind or otherwise obligate Avenues ARE LLC in any manner, nor may Customer represent to anyone that it has the right to do so.
5. Sourced Product.
Avenues ARE LLC may procure product not available through Avenues ARE LLC catalogs or available on AvenuesARE.com for a Customer from the manufacturer or other sources ("Sourced Product(s)"). Sourced Product is priced according to current market conditions on a per order basis, and is shipped F.O.B. origin with all freight, tax, and handling fees paid by Avenues ARE LLC and charged to Customer. A RGA (Returned Goods Authorization) must be issued by Avenues ARE LLC prior to returning Sourced Products. No cancellations, refunds or credits are allowed for Sourced Products sold on a "FINAL SALE" basis. THE PRODUCT WARRANTY PROVIDED BY THE MANUFACTURER AND/OR SUPPLIER OF THE SOURCED PRODUCT WILL BE CUSTOMER'S SOLE REMEDY.
7. Custom Product.
Avenues ARE LLC may offer products manufactured or assembled to Customers specifications (“Custom Product(s)”). Avenues ARE LLC is not responsible for verifying or confirming the accuracy of specifications provided by Customer to Avenues ARE LLC for Custom Products. All Custom Products are sold on a “FINAL SALE” basis only, and no cancellations, returns, refunds or credits are allowed.
8. Cancellation.
All product order cancellations, if not prohibited above, must be approved by Avenues ARE LLC, and may be denied or subject to restocking fees and other charges.
9. Product Returns.
Product returns are permitted for defective product only and will be processed through the rules of the manufacturer. Avenues ARE LLC does not take title to returned products. Proof of purchase is required in all cases. Product returns may be denied or made subject to restocking fees and other charges by Avenues ARE LLC or the product manufacturer.
10. Materials of Trade.
Business Customer represents that if it is purchasing products as its “materials of trade,” as defined in the Hazardous Materials Regulations in Title 49 of the Code of U.S. Federal Regulations, the products shall be used in direct support of Business Customer’s business, such business does not concern transportation, and such products shall not be resold or transported in a vehicle other than one owned by Business Customer.
11. Force Majeure.
Avenues ARE LLC shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees, controls or acts of authority, states of emergency, insurrections, epidemics, pandemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of Avenues ARE LLC in the conduct of its business.
12. Assignment.
Customer shall not assign any order, or any interest therein, without the prior written consent of Avenues ARE LLC. Any actual or attempted assignment without Avenues ARE LLC's prior written consent shall entitle Avenues ARE LLC to cancel such order upon notice to Customer.
13. No Third Party Benefit.
The provisions stated herein are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto.
14. Waiver, Choice of Law and Venue.
The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent non-performance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of Mississippi excluding its conflict of law rules, and to the extent allowed under these terms and conditions, both Avenues ARE LLC and Customer agree that venue shall be proper either in the state courts in Hancock County, Mississippi or the federal courts for the Southern District of Mississippi.
15. Severability.
If any portion of these terms and conditions is found to be invalid or unenforceable, the invalid or unenforceable term shall be severed from these terms and conditions, and the remaining terms and conditions shall be valid and fully enforceable as written.
16. Modification of Terms.
Avenues ARE LLC’s acceptance of any order is subject to Customer’s assent to all of the terms and conditions set forth herein. Customer's assent to these terms and conditions shall be presumed from Customer's receipt of Avenues ARE LLC’s acknowledgment, or from Customer’s acceptance of all or any part of the products ordered. No additions or modifications of Avenues ARE LLC’s terms and conditions by Customer shall be binding upon Avenues ARE LLC, unless agreed to in writing by an authorized representative of Avenues ARE LLC. If a purchase order or other correspondence submitted by Customer contains terms or conditions contrary or in addition to the terms and conditions contained herein or in Avenues ARE LLC’s acknowledgment, Avenues ARE LLC’s fulfillment of any such purchase order shall not be construed as assent to any of the terms and conditions proposed by Customer, and will not constitute a waiver by Avenues ARE LLC of any of the terms and conditions contained herein or in Avenues ARE LLC’s acknowledgment. Avenues ARE LLC reserves the right to accept or reject any order. Avenues ARE LLC reserves the right to limit the total quantity of items purchased per order and the number of individual orders placed per Customer per day.
17. Complete Agreement.
The terms and conditions in: (i) Avenues ARE LLC’s forms; (ii) acknowledgments; (iii) quotations; (iv) invoices; (v) web sites; (vi) catalogs; and (vii) extension of credit are incorporated herein by reference, and constitute the entire and exclusive agreement between Customer and Avenues ARE LLC.
18. Authorization.
Business Customers represent that any person accepting these Terms of Sale on behalf of the Business Customer is authorized to do so and that all employees and representatives of the Business Customer who access Avenues ARE LLC.com or any other Avenues ARE LLC website or application on behalf of the Business Customer or otherwise purchase products from Avenues ARE LLC on behalf of Business Customer have the legal right, and are duly authorized, to make such purchases and further authorized to enter into agreements relating to the purchase of products or services or to obtain pricing or discounts from Avenues ARE LLC on behalf of Business Customer. Business Customers hereby agree to indemnify and hold Avenues ARE LLC harmless against any breach of this representation.
II. ADDITIONAL TERMS AND CONDITIONS RELATED TO THE PERFORMANCE OF SERVICES BY AVENUES ARE LLC OR OTHER PROVIDERS FOR BUSINESS CUSTOMERS
IN ADDITION TO THE STANDARD TERMS AND CONDITIONS IN SECTION I, PERFORMANCE OF SERVICES WILL BE GOVERNED BY THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS (“ADDITIONAL SERVICE TERMS”). SERVICES MAY BE PERFORMED BY: (i) AVENUES ARE LLC, ITS SUBSIDIARIES, AFFILIATES OR SUBCONTRACTORS (“AVENUES ARE LLC”); OR THIRD-PARTY SERVICE PROVIDERS ENGAGED BY AVENUES ARE LLC ("THIRD-PARTY PROVIDERS"). FOR PURPOSES OF THIS SECTION II, “SERVICE PROVIDER” REFERS TO EITHER AVENUES ARE LLC OR A THIRD-PARTY PROVIDER DEPENDING UPON WHICH OF THEM IS PERFORMING SERVICES, AND “SERVICE PROVIDER PERSONNEL” REFERS TO PERSONNEL OF SUCH SERVICE PROVIDER.
THE TERMS AND CONDITIONS CONTAINED IN THIS SECTION II ARE EXTENDED SOLELY BY THE SPECIFIC SERVICE PROVIDER PERFORMING SERVICES, AND ANY OBLIGATIONS CONTAINED IN THIS SECTION II DO NOT APPLY TO ANY OTHER SERVICE PROVIDER REFERENCED IN THE FOREGOING PARAGRAPH. A THIRD-PARTY PROVIDER MAY REQUIRE BUSINESS CUSTOMER TO EXECUTE ADDITIONAL CONTRACTUAL DOCUMENTS PRIOR TO THE PERFORMANCE OF SERVICES, WHICH DOCUMENTS MAY MODIFY THE TERMS BETWEEN BUSINESS CUSTOMER AND SUCH THIRD-PARTY PROVIDER AS SET FORTH IN THIS SECTION II.
IN THE EVENT OF A CONFLICT BETWEEN THE STANDARD TERMS AND CONDITIONS IN
SECTION I AND THE ADDITIONAL SERVICE TERMS IN SECTION II, THE ADDITIONAL SERVICE TERMS IN SECTION II SHALL PREVAIL FOR THE PERFORMANCE OF SERVICES.
1. LIMITED SERVICES WARRANTY.
ALL SERVICES WILL (i) BE PERFORMED IN A WORKMANLIKE MANNER; (ii) CONFORM TO THE SPECIFICATIONS (IF ANY) PROVIDED BY THE SERVICE PROVIDER IN A STATEMENT OF WORK; AND (iii) BE WARRANTED FOR A PERIOD OF NINETY (90) DAYS AFTER PERFORMANCE OF SERVICES (“LIMITED WARRANTY PERIOD”). IF SERVICES ARE IMPROPERLY PERFORMED AND BUSINESS CUSTOMER NOTIFIES THE SERVICE PROVIDER OF THE IMPROPERLY PERFORMED SERVICE DURING THE LIMITED WARRANTY PERIOD, THEN THE SERVICE PROVIDER WILL RE-PERFORM THOSE SERVICES, IN WHOLE OR IN PART, AS NECESSARY TO CURE THE PARTICULAR BREACH, OR AT THE SERVICE PROVIDER’S SOLE OPTION, REFUND THE AMOUNT PAID BY BUSINESS CUSTOMER FOR THE SERVICES DIRECTLY ATTRIBUTABLE TO THE PARTICULAR BREACH. THE SERVICE PROVIDER’S RE-PERFORMANCE OR REFUND OF AMOUNTS PAID BY BUSINESS CUSTOMER FOR THE SERVICE DIRECTLY ATTRIBUTABLE TO THE PARTICULAR BREACH SHALL BE BUSINESS CUSTOMER’S SOLE AND EXCLUSIVE REMEDY.
2. WARRANTY DISCLAIMER AND WAIVER FOR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION II FOR SERVICES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND THE SERVICE PROVIDER DISCLAIMS, AND BUSINESS CUSTOMER WAIVES, ALL OTHER WARRANTIES FOR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. THE WARRANTIES SET FORTH IN THIS SECTION II ARE EXPRESSLY CONDITIONED UPON THE USE OF THE SERVICES FOR THEIR INTENDED PURPOSE AND SHALL NOT APPLY TO SERVICES WHICH HAVE BEEN SUBJECT TO MODIFICATION BY BUSINESS CUSTOMER OR ANY THIRD PARTY.
3. LIMITATION OF LIABILITY.
AVENUES ARE LLC AND THIRD-PARTY PROVIDERS EXPRESSLY DISCLAIM ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES IN THE PERFORMANCE OF SERVICES. THE LIABILITY OF AVENUES ARE LLC OR ANY THIRD-PARTY PROVIDER PERFORMING SERVICES IN ALL CIRCUMSTANCES IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE FOR THE PERFORMANCE OF THE PORTION OF SERVICES THAT GIVES RISE TO ANY PARTICULAR LIABILITY.
4. Payment and Credit Terms.
Except as otherwise agreed to by the parties, Business Customer will be invoiced upon completion of services. Payment terms are net fifteen (15) days from the date of invoice. All other payment terms are as set forth in Section I.A.4.
5. Termination.
Service Provider or Business Customer may terminate their service agreement at any time and for any reason upon thirty (30) days’ written notice to the other party. If terminated by Business Customer, Business Customer shall pay Service Provider an amount equal to the greater of (i) Ten percent (10%) of the total project cost quotation thereto (the “Total Project Cost”), or (ii) an amount equal to the Total Project Cost multiplied by the percentage completion for such project at the time the notice of termination is given, as determined by Service Provider.
6. Indemnity.
Business Customer shall defend, indemnify and hold harmless Avenues ARE LLC, Third-Party Providers, and their respective officers, directors, employees, subcontractors and agents (each individually, an “Indemnified Party”) from and against any and all claims, suits, liabilities, damages, settlements, charges, taxes and any other losses or expenses (including reasonable attorneys’ fees) (collectively “Liabilities”) for physical injury to, illness or death of, any third party regardless of status and damage to or destruction of any tangible property which the third party may sustain or incur, to the extent such Liabilities relate to the services; except for such Liabilities relating to or arising out of a final judgment of gross negligence or willful misconduct of the Indemnified Party. In any action, suit or proceeding brought against an Indemnified Party by reason of any such claim as specified above, Business Customer shall resist and defend such action, suit or proceeding by counsel of its choice, at the sole expense of Business Customer, provided that (i) the Indemnified Party notifies Business Customer promptly in writing of the claim; (ii) Business Customer’s counsel does not give rise to a conflict of interest with respect to the Indemnified Party; (iii) Business Customer has the sole control of the defense and all related settlement negotiation but shall keep the Indemnified Party reasonably informed of status; and (iv) the Indemnified Party provides Business Customer with all reasonably necessary assistance, information, and authority to perform the foregoing at Business Customer’s expense.
7. Access to Customer’s Premises.
To the extent access to Business Customer’s premises is required, Business Customer shall provide Service Provider Personnel access to Business Customer’s premises free of charge as necessary for performance of services supplied by Service Provider. Prior to starting any work at Business Customer’s premises, Business Customer will: (i) provide documentation that identifies any existing hazardous materials, or dangerous or potentially dangerous conditions on or about Business Customer’s premises; and (ii) allow Service Provider Personnel, at its option, reasonable access to Business Customer’s premises to perform or have performed a visual site inspection. Service Provider will have no responsibility or liability for the actual existing conditions; or identifying, correcting or advising Business Customer of existing conditions on Business Customer’s premises (“Pre-Existing Conditions”), and Business Customer shall be responsible for and shall indemnify each Service Provider and each of the Service Provider Personnel from and against any Liabilities arising out of or relating to any Pre-Existing Conditions, regardless of whether previously disclosed to any Service Provider or Service Provider Personnel. Business Customer shall not attempt to condition the right of Service Provider Personnel to obtain free access to Business Customer’s premises upon the signing of any agreement, waiver, or release which in any way purports to affect the legal rights or obligations of Service Provider or Service Provider Personnel. If any Service Provider Personnel signs such an agreement, waiver, or release, it shall be of no force and effect.
8. Health and Safety Matters.
Business Customer shall take all precautions, at all times, for the health and safety of Service Provider Personnel at Business Customer’s premises, including but not limited to identifying to Service Provider all hazardous materials or safety or health hazards to which Service Provider Personnel on Business Customer’s premises may be exposed; (i) providing to Service Provider Personnel for review, and instructing Service Provider Personnel regarding Business Customer’s safety practices; and (ii) proper and safe handling of, and protection of, Service Provider Personnel from exposure to hazardous materials or dangerous conditions. Business Customer agrees to provide Service Provider Personnel with all safety health and other protections required by law for Business Customer’s own employees, including, without limitation, all protections required by federal, state and local laws, standards, regulations, orders and other requirements under OSHA, and similar workplace safety and health statutes and programs.
9. Right to Subcontract.
Business Customer agrees that the Service Provider may subcontract the performance of services to third parties. Business Customer authorizes the Service Provider to disclose all information to the subcontractor, including confidential information necessary for such performance of services by the subcontractor.
10. Purchases from Avenues ARE LLC On-Line Safety Manager.
For all Avenues ARE LLC Online Safety Manager content tools and services purchased through the web site Avenues ARE LLC.com, the applicable terms and conditions, including, without limitation, the Master Subscription Agreement, as set forth on the web site Avenues ARE LLConlinesafetymanager.com shall apply in lieu of these Standard Terms and Conditions.
11. No Third Party Reliance.
Business Customer acknowledges and agrees that any advice, recommendation, information or work product provided to Business Customer by Service Provider in connection with the services is for the sole use of Business Customer and may not be relied upon by any third party; and Business Customer is prohibited from making such advice, recommendation, information or work product available to any third party without prior written consent from Avenues ARE LLC.
III. ADDITIONAL TERMS AND CONDITIONS RELATED TO EXPORT OF AVENUES ARE LLC PRODUCTS
IN ADDITION TO THE STANDARD TERMS AND CONDITIONS IN SECTION I, EXPORT SALES OF AVENUES ARE LLC PRODUCTS WILL BE GOVERNED BY THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS RELATED TO EXPORT OF AVENUES ARE LLC PRODUCTS (“ADDITIONAL EXPORT TERMS”). IN THE EVENT OF A CONFLICT BETWEEN AVENUES ARE LLC’S STANDARD TERMS AND CONDITIONS IN SECTION I AND THE ADDITIONAL EXPORT TERMS IN SECTION III, THE ADDITIONAL TERMS IN SECTION III SHALL PREVAIL FOR EXPORT SALES OF AVENUES ARE LLC PRODUCTS.
1. Order Acceptance.
Customer acknowledges that no order shall be deemed accepted unless and until it is verified and accepted by Avenues ARE LLC, or any of its U.S. affiliates and divisions, at a continental U.S. facility or at any of its websites. Customer further consents that submission of its order shall subject Customer to the jurisdiction of the federal courts of the U.S. and of the State where acceptance occurred in the U.S.
2. Sales Tax and Duties, Export and Import Fees.
Avenues ARE LLC is required to charge U.S. federal, state, local tax, applicable duties, export and import fees on products, or for providing a valid exemption certificate. Customer assumes responsibility for, and unconditionally guarantees payment or reimbursement of, all applicable taxes, fees, licenses, import duties, and expenses as may be applicable. When placing an order, Customer shall indicate which products are tax exempt.
3. Payment and Credit Terms.
Payment terms are due on the date of shipment. All other payment terms are as set forth in Section I.A.4. Customer agrees to inform Avenues ARE LLC immediately if it intends to use any import or export financing, or has or will be granting a lien or security interest on its inventory to any third party.
4. Shipping Charges and Freight Policy.
All Avenues ARE LLC export orders are shipped under INCOTERMS® 2020 rules as defined by the International Chamber of Commerce. Unless otherwise stated and agreed to in writing by Avenues ARE LLC, default shipping term is FCA Avenues ARE LLC shipping location, excluding export customs clearance. Other shipments are freight collect from any Avenues ARE LLC facility. Customer shall be responsible for obtaining insurance. At Avenues ARE LLC’s option, this freight policy may be subject to special terms and conditions for certain export orders. If any item is backordered that qualifies for freight prepayment, that item will be shipped prepaid as Customer’s exclusive remedy. Title and risk of loss pass to Customer upon tender of shipment to the Customer selected export carrier.
5. Export Controls and Related Regulations.
Customer represents and warrants that it is not designated on, or associated with, any party designated on any of the U.S. government restricted parties lists, including without limitation, the U.S. Commerce Department Bureau of Industry and Security (“BIS”) Denied Persons List; Entity List or Unverified List; the U.S. Treasury Department Office of Foreign Assets Control (“OFAC”) Specially Designated Nationals and Blocked Persons List; or the U.S. State Department Directorate of Defense Trade Controls (“DDTC”) Debarred Parties List. Customer shall comply with all applicable U.S. economic sanctions and export control laws and regulations, including without limitation, the regulations administered by OFAC, the Export Administration Regulations (“EAR”) administered by BIS, and the International Traffic in Arms Regulations administered by DDTC.
6. Foreign Principal Party in Interest; Freight Forwarder and Documentation.
It is specifically agreed that Customer shall be the foreign principal party in interest (“FPPI”) and/or that its freight forwarder shall act as Customer's agent in such capacity for purposes of the Foreign Trade Regulations or other regulatory purposes, and Customer and its freight forwarder are responsible for all routed export transactions documentation, including but not limited to the filing of the required Electronic Export Information/Automated Export System records. At Avenues ARE LLC’s request, Customer or its freight forwarder shall provide copies of any export, shipping, or import documentation prepared by Customer or its freight forwarder related to sales to Customer by Avenues ARE LLC. In the event a license is required for export from the U.S., then (i) Avenues ARE LLC reserves the right to select its own freight forwarder to facilitate and file the export license; or (ii) the FPPI will provide Avenues ARE LLC written notice that it expressly assumes responsibility for determining licensing requirements and obtaining the license, thereby making the U.S. agent of the FPPI the exporter of record for purposes of meeting EAR requirements.
7. Anti-Corruption.
Customer is aware that Avenues ARE LLC’s business practices prohibit bribery and corrupt behavior in any form. Customer agrees that it is an independent contractor and it is and shall remain in compliance with all applicable laws that relate to money laundering, terrorism, commercial or official bribery or dealing with government officials (including the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act) and laws implementing the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. Customer shall not offer or provide anything of value (cash or cash equivalents, gifts, loans, travel, entertainment, or any other similar benefit) either directly or indirectly to any public sector or government official for the purpose of influencing any act or decision in connection with the purchase, transportation, customs clearance and/or resale of the products ordered from Avenues ARE LLC. Customer shall not pay a gratuity, bribe or inducement to any public sector or government official, even if it appears customary or consistent with prevailing business practices.
8. Dispute Resolution.
Actions by Avenues ARE LLC for non-payment by Customer of the purchase price of products sold by Avenues ARE LLC, or for redress of other breaches by Customer of these terms and conditions may be brought by Avenues ARE LLC, at its option, before any U.S. or foreign judicial court of competent jurisdiction. At Avenues ARE LLC’s option, disputes between Customer and Avenues ARE LLC, including all claims for non-performance by Avenues ARE LLC, shall be finally settled by arbitration in Hancock County, Mississippi, U.S., in accordance with the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association, by a single arbitrator appointed in accordance with said Rules, applying these terms and conditions and consistent provisions of the federal and state laws (except conflict of law rules) of the State of Mississippi, U.S. The language of the arbitration shall be English.
9. Country of Importation and Anti-diversion.
Customer represents that it is purchasing products from the U.S. and importing them to the country for the use of the ultimate consignee specified in the Customer and Avenues ARE LLC documentation. Customer agrees that the products will not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. government or as otherwise authorized by U.S. law and regulations. Any commodities, technology and software will be exported from the U.S. in accordance with the U.S. Export Administration Regulations and other applicable laws or regulations. Diversion contrary to U.S. law is prohibited. If requested by Avenues ARE LLC, Customer shall provide documentation satisfactory to Avenues ARE LLC verifying delivery at the designated country, the identity of end users ordering products from Customer and the terms and conditions upon which such end users request products to be supplied. Customer further agrees to inform Avenues ARE LLC at the time of order of any North American Free Trade Agreement or other special documentation, packaging or product marking or labeling, but Avenues ARE LLC shall not be responsible for providing any such documentation, packaging, marking or labeling other than such documents that are necessary under U.S. export laws and regulations for export, unless Avenues ARE LLC expressly agrees to do so.
10. Permits, Export, and Import Licenses.
Customer shall be responsible for obtaining any licenses or other official authorizations that may be required by the country of importation. When the Customer is designated as the U.S. Principal Party of Interest, the Customer shall be responsible for obtaining licenses under the EAR, International Traffic in Arms Regulations, Toxic Substances Control Act, or other applicable laws or regulations. If the Customer is the FPPI, then the terms contained in subsection 6 of this Section III shall apply.
11. Governing Law; Limitations.
The rights and obligations of the parties under these terms and conditions shall not be governed by the provisions of the 1980 United Nations Convention of Contracts for the International Sale of Goods or the United Nations Convention on the Limitation Period in the International Sale of Goods. Rather, these terms and conditions shall be governed by the laws of the State of Mississippi, U.S., including its provisions of the Uniform Commercial Code, but excluding its conflict of law rules. Notwithstanding the foregoing, any legal action by Customer with respect to any transaction must be commenced within one (1) year after the cause of action has arisen.
Avenues ARE LLC Privacy Policy
Avenues ARE LLC (“Avenues ARE LLC,” “us,” “we” or “our”) owns and operates the avenuesare.com website ("Site") and customer service telephone line at 844-415-7653. This Privacy Policy (“Policy”) explains how Avenues ARE LLC collects, uses, shares and stores your information when you use this Site, do business with us over the telephone, place orders using our online catalog, send us emails or faxes, interact with us through social media, provide information through electronic data interchange (“EDI”), or through any other interactions you may have with Avenues ARE LLC at tradeshows, conventions and elsewhere (collectively, the “Services”). This Policy also explains how you can exercise certain rights you may have in connection with your privacy and personal information.
This Policy is effective as of: January 25, 2021.
For ease of reference, you may click on any of the following links to jump to one of the sections addressed below:
1. Scope of this Policy
2. Modifications
3. Information We Collect, Use and Share
4. Disclosure or Sale of Personal Information
5. Your Rights and Choices
6. Securing Personal Information
7. Children's Policy
8. Non-U.S. Concerns
9. Terms of Use
10. Contacting Avenues ARE LLC
Scope of this Privacy Policy
This Policy covers only the Services identified above, and does not apply to information, which you may send us by other means. Other Avenues ARE LLC sites, locations and services, whether online or offline may have their own privacy policies, and you should consult those accordingly.
This Site contains links to external sites, including those embedded in third-party advertisements or sponsor information that are not controlled by Avenues ARE LLC. We are not responsible for the privacy practices and data collection policies for such third-party sites. You should consult the privacy policies of those sites for details.
Modifications
Avenues ARE LLC reserves the right to make changes to this Policy at any time. Since this Policy may change as we modify or expand our Services, we suggest that you check back from time to time in order to understand how we treat your information. Our Policy’s effective date will always be set forth at the beginning and end of the Policy. Any changes will be immediately incorporated into this Policy, and will be prospective only. We will not make any changes that have retroactive effect unless legally required to do so.
Any change to this Policy is effective immediately. Your continued use of the Services after any changes are made to this Policy constitutes your acceptance of the changes. If any changes are unacceptable to you, you should cease all use of the Services.
Information We Collect, Use and Share
Personal information is generally defined as information that, by itself or in combination with other information, identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, device or household (“Personal Information”). Personal Information can include, but is not limited to, your name, address, telephone number, email address, username and password, IP address or other online identifiers, browsing or search history, credit/debit card number or other financial information, professional or employment-related information, office address and other business information, demographic information, consumer preferences, biometric information such as fingerprints, precise location information, or any other type of information that, directly or indirectly, can be linked to or is reasonably capable of being associated with you.
When using Avenues ARE LLC’s Services, we may collect, use and share the following categories of Personal Information from you in the following ways:
Categories of Personal Information we collect We may collect this Personal Information when you… We collect this Personal Information so that we may… Types of third parties that may receive this Personal Information
Contact information and other data that could be used to identify or communicate with you, including your name, alias, signature, mailing/shipping address, email address, telephone number, fax number, company name, job title, role or other professional or business information, and any inferences we might draw from such information. • Create an account with us;
• Register for a webinar;
• Submit a request for information on goods or services offered on or through the Services;
• Sign up to receive mailings, newsletters, e-mail updates or other communications about Avenues ARE LLC products and services which may be of interest to you;
• Request a Online catalog;
• Order and pay for Avenues ARE LLC products and services;
• Submit routing requests for custom shipping;
• Contact Avenues ARE LLC with questions or comments;
• Participate in a promotion, contest or survey;
• Supply it to customer lead generation providers;
• Interact with us at tradeshows and conferences;
• Allow us to visit your business; or
• Provide it to us in the content of any communications you direct to Avenues ARE LLC. • Administer your account;
• Process and respond to your requests for information;
• Process payment information when you order a Avenues ARE LLC product or service;
• Communicate with you regarding the status of your order;
• Send you products and anything else you order for shipping;
• Respond to your questions and comments;
• Provide you with information on new products, services, promotions and other updates in which we think you may be interested; • Shipping and mail providers including storage facilities and drop-shippers;
• Payment processors;
• Marketing firms including email marketing vendors;
• Survey and other promotional service providers;
• Customer service vendors;
• Web hosting and cloud service providers;
• Data analytics suppliers;
• Product experts and technology consultants; or
• Legal compliance advisors.
• Supply it to customer lead generation providers;
• Interact with us at tradeshows and conferences;
• Allow us to visit your business; or
• Provide it to us in the content of any communications you direct to Avenues ARE LLC. • Communicate with you regarding surveys, contests, sweepstakes and other promotions;
• Provide customer service; or
• Verify customer information. • Product experts and technology consultants; or
• Legal compliance advisors.
Demographic information such as your age, birthday, sex, gender, job title, role, other professional interests, your status as a military veteran, and any inferences we might draw from such information. • Create an account with us;
• Participate in a promotion, contest or survey;
• Submit a form on the Site; or
• Provide it to us in the content of any communications you direct to Avenues ARE LLC. • Administer your account;
• Communicate with you regarding surveys, contests, sweepstakes and other promotions;
• Provide customer service;
• Analyze your consumer preferences; or
• Contact you with information on new products, services, promotions and other updates in which we think you may be interested. • Survey and other promotional service providers;
• Marketing vendors;
• Web hosting and cloud service providers; or
• Data analytics suppliers.
Credit/debit card or other payment/financial information. • Order and pay for any goods or services advertised on or through the Services. • Process or fulfill orders and transactions which you have authorized; or
• Detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity, and prosecute those responsible for such activity. • Credit/debit card processors and other payment processing entities.
Account access information, including your password. • Create an account on the Site. • Administer your Site account;
• Detect security incidents; or
• Undertake activities to verify, maintain and improve the safety of the Site and the Services. • Web hosting and cloud service providers; or
• Technology consultants
First-party cookie identifiers set directly by Avenues ARE LLC, which may include information on your interaction with the Site, any Avenues ARE LLC application, or any Avenues ARE LLC ad, and any inferences we might draw from such information. • Visit or use the Site, automatically. • Recognize you on return visits to the Site;
• Analyze how you interact with our Site;
• Identify products and services in which you might be interested;
• Detect security incidents;
• Undertake activities to verify, maintain and improve the quality or safety of the Site and Site-related services;
• Debugging to identify and repair errors that impair existing intended functionality with the Site;
• Conduct data analysis and testing;
• Undertake internal research for technological development and demonstration; or
• Monitor Site usage. • Web hosting and cloud service providers; or
• Data analytics suppliers.
Third-party cookie identifiers, internet protocol (IP) addresses, pixels and other online identifiers, browsing history, search history, email activity, information on a consumer's interaction with a website, application, or advertisement, and any inferences we might draw from such information. • Visit or use the Site, automatically. • Monitor Site usage;
• Count ad views or impressions, verify the positioning and quality of ad impressions;
• Evaluate how you review and respond to emails we send you; or
• Provide you with information on new products, services, promotions and other updates in which we think you may be interested. • Data analytics providers;
• Marketing firms including email analytics vendors; or
• Targeted advertising networks.
We may also use or disclose any of the above categories of Personal Information we collect for one or more of the following reasons:
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections;
• As necessary or appropriate to protect the rights, property or safety of us, our customers or others;
• To respond to law enforcement requests and as required by applicable law, subpoena, court order, other legal process or governmental regulations;
• As otherwise described to you at or before the point when we collect your Personal Information;
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us is among the assets transferred.
This Site may use cross-device tracking technologies to try and connect your activity on the Site across the various devices you use to access and use the Site. You may be able to opt-out of such cross-device tracking by contacting us at Orders@AvenuesARE.com
By providing to Avenues ARE LLC the Personal Information and other data referenced above, you agree that we may use the Personal Information and other data in accordance with the terms of this Policy. We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Disclosure or Sale of Personal Information
Except as noted herein, Avenues ARE LLC does not sell or share your Personal Information with any person or entity outside of Avenues ARE LLC.
We may disclose certain portions of your Personal Information to analytics providers, advertising networks, and other service providers or third parties for certain business purposes as identified above, and receive something of value in exchange for this disclosure. As referenced in the table of Personal Information we collect, use and share, the Site uses cookies to deliver content specific to your interests, analyze how visitors and customers interact with our Site, and for other purposes disclosed above. We may employ other companies to provide similar marketing services on our behalf. With our approval, these third parties may also place “cookies” for analysis purposes. These third-party companies will have access to the information needed to perform their functions but cannot use that information for any other purpose. We do not use cookies to store credit card information or other financial information. You are not required to accept cookies. However, certain functionality of the Site may not work properly (if at all) if you reject cookies.
Depending on where you reside, the disclosure of your cookie identifiers, including your IP address, in exchange for certain third-party services may be considered a sale of your Personal Information, and you may have the right to opt-out of any such sale of your Personal Information by Avenues ARE LLC.
This Site may use Google Analytics and Google Tag Manager, which are web analytics services that use cookies to analyze your use of our Site. The information collected by these cookies about your use of the Site (including your IP address) is transmitted to and stored on a Google server in the United States. Google uses this information to assess your use of the Site, providing reports on data such as how often you visit, what pages you view when you visit, and what other websites you have visited prior to visiting our Site. Google may transfer this information to third parties, if required by law or if third parties process the information on behalf of Google. View an overview of Google’s data privacy practices for Google Analytics at https://support.google.com/analytics/answer/6004245. For more information on Google’s privacy practices generally, please review Google’s privacy policy at https://policies.google.com/privacy.To opt-out of being tracked by Google Analytics, you may be able to download and install the Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout.
Avenues ARE LLC allows cookies, IP addresses and marketing information to be collected and managed by our third-party marketing vendors in order to provide you with targeted ads based on what you appear to be interested in as a result of your activity online, both on our Site and elsewhere. You can opt-out of receiving targeted ads served by us or on our behalf by contacting our office at Orders@avenuesare.com.
If you opt-out, you will still see ads but they will not be personalized based on your online activity. Please note that if you disable your cookies or upgrade your browser after opting out, you will need to opt-out again. Further, if you use multiple browsers or devices you will need to execute this opt-out on each browser or device.
You can also generally opt-out of receiving targeted ads from third-party advertisers and ad networks who are members of the Network Advertising Initiative (NAI) by visiting http://optout.networkadvertising.org/. You may opt-out of receiving targeted advertisements from other companies that perform interest-based advertising services, including some that we may work with, via the Digital Advertising Alliance (DAA) site at http://optout.aboutads.info/. Please note that when using the ad industry opt-out tools described above, you may need to execute opt-outs for each browser or device that you use, and that other companies’ opt-outs may function differently than our opt-out.
Avenues ARE LLC may also rent out its customer list to lead generation providers. Avenues ARE LLC’s customer list may include your name, company name, and physical address. This transfer of our customer list may cause you to receive information from third parties, who are not affiliated with Avenues ARE LLC, about third-party products or services in which you may be interested. You can opt-out of your information being shared in this way by using the contact details provided in the “Contacting Avenues ARE LLC ” section below. You may also opt-out of this specific kind of sharing through your account settings, by selecting “Marketing Preferences” under “My Account” and using the choices available there.
Certain areas of the Site may integrate with social media sharing services, which will let you share content from the Site with other online services. Your use of such features may enable the sharing of information with your friends or the public, depending on the settings you establish with the relevant social sharing service. Please review the privacy policies of those social media services for more information about how such services handle the information you provide to or share through them.
Avenues ARE LLC neither collects nor sells the Personal Information of minors 16 years of age or younger.
Your Rights and Choices
Depending on where you reside, you may have one or more of the following rights with regard to Avenues ARE LLC’s collection, use and sharing of your Personal Information:
• The right to request that we disclose what Personal Information we collect, use, disclose or sell about you;
• The right to request the deletion of Personal Information we have collected or maintain about you;
• The right to opt-out of the sale of your Personal Information; and • The right not to receive discriminatory treatment by Avenues ARE LLC, in terms of the services and prices offered on or through our Services, because you exercised these rights regarding the collection, use and sharing of your Personal Information.
If you would like to access, review, edit, delete or have us properly dispose of any copies of the Personal Information that Avenues ARE LLC collected about you (subject to any applicable legal exceptions), or limit what we share, or if you would like to exercise the above rights in any other way, please contact us at Orders@AvenuesARE.com or call us at 844-415-7653.
You may be able to opt-out of Avenues ARE LLC sharing your Personal Information with the entities identified in this Policy by sending us an email at the address above, unless the sharing of your Personal Information is necessary to perform one of the following business purposes: to count ad impressions and evaluate their effectiveness; to detect, protect against, and prosecute security incidents; to debug or troubleshoot functional errors that may arise with the Services; to complete short-term tasks related to an existing interaction you have with Avenues ARE LLC; to maintain or service your account; to process payments and fulfill orders or other transactions you authorize; to verify your customer information; and to ensure the safety and quality of the Services.
Avenues ARE LLC will do its best to accommodate any request to delete or properly dispose of any copies of your Personal Information, but we cannot guarantee we can eliminate all Personal Information from the specified uses. Therefore, please be as specific as possible in any request to delete or dispose of copies of your Personal Information. We may deny your deletion request should retaining the information be necessary for us or our service providers to:
1. Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise to perform a contract we entered into with you;
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
3. Debug products to identify and repair errors that impair existing intended functionality;
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546);
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent;
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
8. Comply with a legal obligation; or
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
If you choose to delete certain portions of your Personal Information, it may affect your ability to use certain Avenues ARE LLC Services. If the request relates to information that Avenues ARE LLC needs to make the Site or other Services function properly for you, you may no longer be able to use those Services. Any removal of content by Avenues ARE LLC does not ensure or guarantee complete or comprehensive removal of the content in all places. The content may have been shared or reposted by other parties, or federal or state law may require maintenance of the content or information.
You may grant an authorized agent written permission to submit requests regarding your Personal Information, but we may deny authorized agent requests absent proof that you authorized such agent to act on your behalf, or if we are unable to verify your identity.
Avenues ARE LLC is required to verify the identity of any person or entity that requests the disclosure or deletion of Personal Information. If you have a password-protected account with us, we will use our existing authentication procedures to verify your identity. For most other consumer requests, Avenues ARE LLC will ask you to provide information that matches at least two pieces of personal information we store about you before responding to your request. If you would like to request the specific pieces of your personal information that Avenues ARE LLC has collected, or if you would like us to delete highly sensitive information, you will need to match at least three pieces of information we store about you, and you must provide a signed declaration under penalty of perjury that you are the consumer whose personal information you are requesting.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Avenues ARE LLC reserves the right to maintain proper business records as required by law, or for otherwise legitimate business purposes to the extent permitted by law, even if such records contain portions of your Personal Information.
If you would like to opt-out of receiving promotional emails from Avenues ARE LLC, please follow the instructions at the bottom of the email to opt-out via the Email Preference Center or update your marketing and email preferences in the Contact Information section of your Avenues ARE LLC account.
Some browsers also have a ”do not track” feature that lets you tell websites that you do not want to have your online activities tracked, and Avenues ARE LLC will attempt to treat such technical signals as valid opt-out requests for online tracking related to targeted advertising.
Securing Personal Information
Avenues ARE LLC employs industry best practices to safeguard the confidentiality of your Personal Information such as firewalls and authentication protection. Avenues ARE LLC will periodically review its security policies and implement changes from time to time. However, we cannot and do not guarantee complete security, as it does not exist on the Internet. While Avenues ARE LLC takes the issue of protecting your Personal Information seriously, you should exercise discretion in what information you disclose or transmit to the Site. If you are concerned about sending information to Avenues ARE LLC over the Internet, please send the information by mail or call us to make other arrangements.
Avenues ARE LLC retains collected information for a reasonable amount of time in order to fulfill the stated purpose for why the information was collected. Avenues ARE LLC will also retain collected information connected to business records for periods of time required by law. If Avenues ARE LLC determines that collected information is no longer needed, it will delete such information. Our collection times will be consistent with applicable law.
Children's Privacy
Avenues ARE LLC’s Services are intended for individuals 18 years of age and older. Our Services are not directed at, marketed to, nor intended for, children age 16 years or under. Avenues ARE LLC does not knowingly collect or sell any information, including Personal Information, from children under 16 years of age. If Avenues ARE LLC learns that it has collected any information regarding a person younger than 16 years of age, Avenues ARE LLC will delete or destroy the information immediately.
If there is concern that information regarding a person younger than 16 years of age was somehow collected by Avenues ARE LLC, any minor, or the parent(s) or legal guardian(s) of such minor, who wishes to request the removal of the minor’s information should submit their request by using the contact details provided in the “Contacting Avenues ARE LLC ” section below.
Non-U.S. Concerns
The Services are meant for individuals within the United States. Avenues ARE LLC only knowingly collects information from individuals within the United States. If you provide information to Avenues ARE LLC from outside of the United States, you do so at your own risk. If you are outside of the United States, you are responsible for complying with any local laws regarding use of the Services, and related data collection. You also agree and acknowledge that by providing any information, including Personal Information, through the Services, that such information will be transmitted to, and stored in, the United States.
Contacting Avenues ARE LLC
If you have any questions or comments about this Policy, the Services, or your dealings with Avenues ARE LLC, you can contact:
Web Services Manager
Avenues ARE LLC
PO Box 3574, Bay St Louis, MS 39521
Email: Orders@AvenuesARE.com
Phone: 844-415-7653
Avenues ARE LLC intends to strictly enforce this Policy. If you believe there has been some violation of this Policy, please contact Avenues ARE LLC.
This Policy was last updated on January 31, 2021.