Terms of Use

Updated July 10, 2024

These Terms of Use (“Terms”) govern your use of our website. By accessing or using our website, you agree to be bound by these Terms. If you do not agree with these Terms, please refrain from using our website.

About AvenueZ.com

AvenueZ.com is a platform that provides information about Avenue Z. By using our website, you acknowledge and agree that:

  • (a) The information provided on AvenueZ.com is for general informational purposes only and does not constitute professional advice or recommendations;
  • (b) We do not endorse, guarantee, or assume responsibility for the accuracy, reliability, or completeness of any content on AvenueZ.com; and
  • (c) Your use of any information or materials on AvenueZ.com is at your own risk, and you should seek professional advice before relying on such information.
Use of Content

All content and materials available on AvenueZ.com, including but not limited to text, graphics, logos, images, audio clips, and software, are the property of Avenue Z or our licensors and are protected by applicable intellectual property laws.

Restrictions

You agree not to:

  • (a) Copy, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content or materials obtained from AvenueZ.com without our prior written consent;
  • (b) Use AvenueZ.com for any unlawful purpose or in violation of any applicable laws or regulations;
  • (c) Engage in any activity that could harm, disable, or impair the functioning of AvenueZ.com;
  • (d) Attempt to gain unauthorized access to AvenueZ.com, user accounts, or any related systems or networks;
  • (e) Interfere with or disrupt the security or integrity of AvenueZ.com or any related services;
  • (f) Use any automated means or scripts to access or collect data from AvenueZ.com;
  • (g) Misrepresent your affiliation with any person or entity;
  • (h) Engage in any fraudulent or deceptive activities; or
  • (i) Violate these Terms or any other guidelines or policies posted on AvenueZ.com.
Intellectual Property Rights

All intellectual property rights in AvenueZ.com and its content belong to Avenue Z. Written approval by Avenue Z is required to grant you any license or right to use any trademarks, logos, or other intellectual property owned by Avenue Z.

Privacy Statement

Your privacy is important to us. Please refer to our Privacy Policy to understand how we collect, use, and disclose your personal information when you use AvenueZ.com.

Termination

We may terminate or suspend your access to AvenueZ.com without prior notice or liability for any reason, including if you breach these Terms. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Links to Third-Party Websites

AvenueZ.com may contain links to third-party websites or services that are not owned or controlled by Avenue Z. We do not endorse or assume any responsibility for the content, privacy policies, or practices of third-party websites. You access third-party websites at your own risk, and we encourage you to review the terms and privacy policies of any third-party websites or services that you visit.

Disclaimer and Limitations of Liability

AvenueZ.com and its content are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Avenue Z disclaims all warranties, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, non-infringement, and accuracy. Avenue Z shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of AvenueZ.com.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Florida and/or the United States of America, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Florida and/or the United States of America.

DISPUTES

You and Avenue Z agree that, except as provided below, any dispute, claim, or controversy arising out of or relating in any way to the Site, its contents, tools, services, or this Agreement (a “Claim”) will be determined solely by confidential and binding arbitration, instead of a court. The venue for the arbitration shall be New York, NY.

WHAT IS ARBITRATION?

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision and that you and Avenue Z are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and/or the termination of the Site.

Either party may submit a dispute to final and binding arbitration. You may file for arbitration by first sending to Avenue Z a written Notice of your Claim (“Notice of Claim”). The Notice of Claim to Avenue Z should be sent in care of our registered agent [NAME OF AGENT], [ADDRESS]. The Notice of Claim should include both the mailing address and email address you would like Avenue Z to use to contact you. If Avenue Z elects to seek arbitration, it will send, by certified mail, a written Notice of Claim to your address on file. A Notice of Claim, whether sent by you or by Avenue Z, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific amount of damages or other relief sought.

You and Avenue Z agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. You and Avenue Z, therefore, agree that, after a Notice of Claim is sent but before either you or Avenue Z commence arbitration against the other, we will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any Claim covered by this Agreement. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference. Likewise, if Avenue Z is represented by counsel, its counsel may participate in the conference as well, but Avenue Z agrees to have a company representative fully participate in the conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.

If we do not reach an agreement to resolve the Claim within sixty (60) days after the Notice of Claim is received, you or Avenue Z may commence an arbitration proceeding by filing a Demand for Arbitration. You agree that you may not commence any arbitration unless you and Avenue Z are unable to resolve the claim within 60 days after we receive your completed Notice of Claim and you have made a good faith effort to resolve your claim directly with Avenue Z during that time. You may download or copy a form of notice and a form to initiate arbitration at www.adr.org or by calling 1-800-778-7879. The arbitration will be conducted by the AAA before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879, except as modified by this Agreement. Unless Avenue Z and you agree otherwise, any arbitration hearings will take place in the county (or parish) of either your residence or the mailing address you provided in your Notice of Claim.

DISCOVERY/DOCUMENT EXCHANGE/EVIDENCE/BURDEN

Discovery and/or the exchange of documents in any such arbitration proceeding shall be permitted to the extent allowed by Fed.R.Civ. P. 26(a)(1), and as to other documents or information, upon a finding of good cause by the arbitrator. The Federal Rules of Evidence shall govern the admissibility of information or evidence presented at the arbitration, and the Party seeking a remedy shall have the burden of proving by a preponderance of the evidence such Party’s entitlement thereto.

SELECTION OF ARBITRATOR

A single, neutral arbitrator, with at least ten years of experience, shall be mutually selected by the Parties. In the event the Parties are unable to mutually agree upon an arbitrator, the Parties shall select an arbitrator as provided for by the rules governing the dispute. You may obtain a copy of the AAA Commercial Arbitration Rules and Procedures at https://www.adr.org/Rules.

ARBITRAL DECISION/REVIEW

The arbitrator shall have the authority to hear and grant dispositive motions in the matter. The arbitrator shall also have the exclusive authority to determine whether a claim is arbitrable or otherwise covered by this Agreement. Within 30 days of the close of the arbitration hearing, or at any later time to which the parties agree, the arbitrator shall issue a final written decision, separately stating his or her findings of fact and conclusions of law on which the ruling is based with respect to any ruling on dispositive motions or a final arbitration award. The arbitrator shall have no authority or power to add to or to subtract or otherwise modify this Agreement. The arbitrator’s award or other decision shall be final and binding on the Parties. Judgment on any award may be entered in any court having jurisdiction as set forth immediately below.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. You are required to pay AAA’s initial filing fee, but Avenue Z will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeds the fee for filing a complaint in a federal or state court in your county of residence or in [COUNTY], California. If the arbitrator finds that either the substance of your Claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and Avenue Z will not reimburse your initial filing fee. The parties agree that the AAA has discretion to modify the amount or timing of any administrative or arbitration fees due under the AAA Rules where it deems appropriate, provided that such modification does not increase the AAA fees to you or Avenue Z and you and Avenue Z waive any objection to such fee modification.

You and Avenue Z agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, if you have elected arbitration, unless both you and Avenue Z agree otherwise, the arbitrator may not consolidate any other person’s Claims with your Claims and may not otherwise preside over any form of a representative or class proceeding. If Avenue Z believes that any Claim you have filed in arbitration or in court is inconsistent with the limitations in this paragraph, then you agree that Avenue Z may seek an order from a court determining whether your Claim is within the scope of the Class Action Waiver. If this Class Action Waiver is found to be unenforceable, then the entirety of this Disputes Section shall be null and void. This section shall survive the expiration or termination of these Terms of Use.

OPT-OUT RIGHTS

You may opt out of arbitration by providing written notice of your intention to opt out to the arbitration provider and to Avenue Z, Attn: Legal Department, [ADDRESS] via USPS Priority Mail or hand delivery. This written notice must be signed by you, and not any attorney, agent, or other representative of yours. Avenue Z may opt out of arbitration by sending written notice of its intention to opt out to the arbitration provider and to you or your attorney, agent, or representative if you are represented.

Contact Us

If you have any questions or concerns about these Terms or our website, please contact us.

By using AvenueZ.com, you acknowledge that you have read and understood these Terms and agree to be bound by them.