Terms and Conditions of Use

Welcome to ActiveAvenue! ActiveAvenue and its associates provide their services to you subject to the following conditions. If you visit or buy services within this website, you accept these conditions. Please read them carefully.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN DO NOT ACCESS OR USE THE SERVICE. BY VIEWING OR USING ALL OR ANY PART OF THE SERVICE, DOWNLOADING ANY MATERIALS OR BY COMPLETING THE SUBSCRIPTION AND INFORMATION REQUEST REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY ALL OF THE TERMS.

PRIVACY

Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit ACTIVEAVENUE or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ACTIVEAVENUE or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of ACTIVEAVENUE, with copyright authorship for this collection by ACTIVEAVENUE, and protected by international copyright laws.

TRADEMARKS

ActiveAvenue's trademarks and trade dress may not be used in connection with any product or service that is not ActiveAvenue's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ActiveAvenue. All other trademarks not owned by ActiveAvenue or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ActiveAvenue or its subsidiaries.

LICENSE AND SITE ACCESS

ActiveAvenue grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ActiveAvenue. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ActiveAvenue. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ActiveAvenue and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing ActiveAvenue’s name or trademarks without the express written consent of ActiveAvenue. Any unauthorized use terminates the permission or license granted by ActiveAvenue. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ActiveAvenue so long as the link does not portray ActiveAvenue, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ActiveAvenue logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR MEMBERSHIP ACCOUNT

In order to take advantage or use some of the features offered with the Services, you may be required to register and/or create an account with ActiveAvenue. By creating an account, you agree to take full responsibility for maintaining the account user name, password, and all related activity that occurs under your account username. ActiveAvenue reserves the right to close your account at any time for any reason or no reason, in its sole discretion.

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. ActiveAvenue and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
In consideration of use of the Service, you agree to:

1.    provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and

2.    maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ActiveAvenue has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ActiveAvenue has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

REGISTRATION OBLIGATIONS

The Service is available to individuals who are at least 18 years old and a resident of the United States. If you do not so qualify, do not attempt to register for or use the Service. ActiveAvenue may refuse to offer the Service to any person or entity and may change its eligibility criteria, at any time, in its sole discretion.

REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. ActiveAvenue reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant ActiveAvenue and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify ActiveAvenue or its associates for all claims resulting from content you supply. ActiveAvenue has the right but not the obligation to monitor and edit or remove any activity or content. ActiveAvenue takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All items purchased from ActiveAvenue are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

ActiveAvenue and its associates attempt to be as accurate as possible. However, ActiveAvenue does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by ActiveAvenue itself is not as described, your sole remedy is to return it in unused condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY ACTIVEAVENUE ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACTIVEAVENUE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ACTIVEAVENUE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ACTIVEAVENUE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ACTIVEAVENUE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACTIVEAVENUE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNITY

You agree to indemnify and hold ActiveAvenue, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.

MODIFICATIONS TO SERVICE

ActiveAvenue reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ActiveAvenue shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

TERMINATION

You agree that ActiveAvenue, in its sole discretion, may terminate your password, ActiveAvenue Site, use of the Service or use of any other ActiveAvenue service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if ActiveAvenue believes that you have violated or acted inconsistently with the letter or spirit of the Terms. ActiveAvenue may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms may be effected without prior notice, and acknowledge and agree that ActiveAvenue may immediately deactivate or delete your ActiveAvenue Site and all related information and files in your ActiveAvenue Site and/or bar any further access to such files or the Service. Further, you agree that ActiveAvenue shall not be liable to you or any third-party for any termination of your access to the Service.

APPLICABLE LAW

By visiting ActiveAvenue, you agree that the laws of the state of DEFINE_STATE, DEFINE_COUNTRY, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ActiveAvenue or its associates.

DISPUTES

Any dispute relating in any way to your visit to ActiveAvenue or to products you purchase through ActiveAvenue shall be submitted to confidential arbitration in California, USA, except that, to the extent you have in any manner violated or threatened to violate ActiveAvenue intellectual property rights, ACTIVEAVENUE may seek injunctive or other appropriate relief in any state or federal court in the state of California, USA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Disclaimers and Limitations of Liability

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF ACTIVEAVENUE AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS (COLLECTIVELY, THE "ACTIVEAVENUE ENTITIES"). EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.

1.    THE SERVICE AVAILABLE IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.

2.    THE ACTIVEAVENUE ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE CONDUCT OF THIRD PARTIES. ACCORDINGLY, THE ACTIVEAVENUE ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER MISUSES YOUR CONTENT OR IDENTITY, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES LISTED ON THE SERVICE.

3.    THE ACTIVEAVENUE ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, AND REVIEWS, OR THE SAFETY OR SECURITY OF THE SERVICE. ACCORDINGLY, THE ACTIVEAVENUE ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, OR REVIEWS, OR THE SAFETY OR SECURITY OF THE SERVICE.

4.    THE ACTIVEAVENUE ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

5.    YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.

6.    THE ACTIVEAVENUE ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS OF SERVICE IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE ACTIVEAVENUE ENTITIES IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.

7.    THE ACTIVEAVENUE ENTITIES DISCLAIM ALL LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) LOSS OF OR DAMAGE TO REPUTATION OF ACTIVEAVENUE OR ANY THIRD PARTY, OR (v) LOSS OF INFORMATION OR DATA.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to ActiveAvenue. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. 

QUESTIONS:

Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the "Contact Us" link in the bottom menu. Or you can email us at: info@ ActiveAvenue.com.