Effective Date: November 1, 2015
Ave Home, LLC. (referred to herein as “us” or “we”) is the owner and operator of the website www.avehome.com (the “Site”), which is referred to herein collectively along with all features, content, and applications offered by us in connection with the Site as the “Service.”
2. ACCEPTABLE SERVICE CONDUCT:You may not access or use the Service for any other purpose other than that for which we make it available. Certain activities, even if legal, may violate the common rules of etiquette governing online behavior, as determined by us in our sole discretion. Prohibited activity while using the Service includes, but is not limited to: criminal or tortious activity; advertising to, or solicitation of, any user to buy or sell any products or services; transmitting chain letters or junk email to other users; using any information obtained from the Service in order to contact, advertise to, solicit, or sell to any user or person without their prior explicit consent; engaging in any automated use of the Service; interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the website; attempting to impersonate another user, person or entity; using the username of another user; using a false email address; selling or otherwise transferring your profile; using any information obtained from the Service in order to harass, abuse, or harm another person; and using the Service in a manner inconsistent with any and all applicable laws and regulations.
3. USER GENERATED CONTENT:You are solely responsible for all content of any type that you upload, post, email, transmit or otherwise make available on the Service (“User Generated Content”). You are also responsible for all User Generated Content transmitted, posted, or developed under your username and/or email address. We do not guarantee the accuracy, integrity, or quality of any User Generated Content existing on the Service. We will not be liable for any User Generated Content, or for any loss or damage of any kind incurred as a result of the use of any User Generated Content made available in any manner through the Service. Although we do not claim ownership of, or responsibility for, the User Generated Content you submit, contribute, or make available for inclusion on the Service, you agree that with respect to any User Generated Content you submit you hereby grant us an irrevocable, transferable, royalty-free, non-exclusive, unrestricted, worldwide license to use, copy, distribute, sublicense, adapt, transmit, prepare derivatives of, publicly perform, and publicly display such User Generated Content, and to incorporate such User Generated Content into other works in any format or medium now known or later developed. The foregoing grant expressly includes a waiver of any and all so-called “moral rights” under applicable law. We reserve the unrestricted and absolute right to remove any User Generated Content from the Service at any time, for any reason (or for no reason at all).
4. PURCHASING PRODUCTS USING THE SERVICEPrices and promotions are subject to change, and may vary from those offered in our showrooms. We will only confirm the availability and price of an item when you actually place your order. There may be instances in which an item listed on the Service may not be available, the offer on the Service may have been misstated, or an item may be mispriced on the Service. Accordingly, we reserve the right to cancel your order and refund your purchase. Likewise, please note that our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason.
5. THIRD PARTY INTERACTIONS:During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activities, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the applicable third party. We will have no liability, obligation, or responsibility for any such correspondence, purchase or promotion between you and any such third party. We do not endorse any sites that are linked through the Service. We provide these links to you only as a matter of convenience, and in no event will we be responsible for any content, products, or other materials available from such sites.
8. DMCA COMPLIANCE: If you are a copyright owner or the legal agent of a copyright owner, and you believe that any content on the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by emailing: firstname.lastname@example.org.
10. DISCLAIMERS: EXCEPT AS OTHERWISE REQUIRED BY LAW, THE SERVICE AND ALL SERVICE CONTENT IS PROVIDED ON AN “AS IS” BASIS AND WE AND OUR SUPPLIERS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SOFTWARE, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11. LIMITATION OF LIABILITY:IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, ARISING FROM YOUR USE OF THE SERVICE, THE GOODS AND/OR SERVICES PURCHASED ON THE SERVICE, OR ANY SERVICE CONTENT OR OTHER MATERIALS ON, ACCESSED OR OBTAINED THROUGH, OR DOWNLOADED FROM THE SERVICE, EVEN IF WE ARE AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE AND/OR THE GOODS AND/OR SERVICES PURCHASED USING THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT MEANING THAT THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.