Avenge Digital LLC is the owner and operator of www.avengedigital.com and avengehub.com.  We appreciate the trust you place in us when you choose to visit our website and we take that responsibility seriously. This Avenge Digital Terms and Conditions of Use (the “Terms”) describes how we collect and use personal information about you when you visit our website, use our mobile application, or call us on the phone.

Please review the following terms and conditions (“Terms of Use”) that govern your use and purchase of products (collectively, “Use”) of Avenge Digital, LLC’s Site.  Your Use of our Site constitutes your agreement to follow and be bound by the Terms of Use.  If you do not agree and accept without modification the Terms of Use set forth herein, please do not use this Site. Other than this agreement and agreements between you and Avenge Digital relating to the sale of products or services, Avenge Digital will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.

THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE SET FORTH BELOW.

Site Contents

Unless otherwise noted, the design of the Site, the Site as a whole and all materials that are part of the Site (collectively, “Contents”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Avenge Digital or its subsidiaries and affiliates. Any use of the Contents without Avenge Digital’s express written consent is strictly prohibited.

Comments, Feedback and Others Submissions

Avenge Digital welcomes your comments and feedback regarding our Site, our products and our services. We do not, however, accept confidential or proprietary information.  Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Avenge Digital using this Site or otherwise (collectively, “Comments”) are not confidential and will become and remain Avenge Digital’s property. The disclosure, submission or offer of any Comments will constitute an assignment to Avenge Digital of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.

The Contents are intended solely for your personal, noncommercial use.  You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties.

Avenge Digital is ready to assist you and address your concerns—email us at contact@avengedigital.com  or call (425) 658-9008.

Disclaimer, Limitation of Liability and Indemnity

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. AVENGE DIGITAL DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AVENGE DIGITAL DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH AVENGE DIGITAL ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER AVENGE DIGITAL NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. AVENGE DIGITAL IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF AVENGE DIGITAL’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS AVENGE DIGITAL, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE.

CERTAIN PROVISIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY TO CONSUMERS WITHIN THE STATE OF NEW JERSEY OR IN OTHER JURISDICTIONS WHERE PROHIBITED BY LAW.

Disputes

By using this Site you unconditionally agree that all claims relating to your access or use of our Site, including all disputes arising out of, or related to, any products or services purchased from Avenge Digital through our Site, will be resolved entirely through binding individual arbitration, rather than in court. You may also assert individual claims in small claims court if your claims otherwise qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

Note: There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow these Terms of Use as a court would.

By using this Site Avenge Digital and you unconditionally agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, Avenge Digital and you agree to waive any right to a jury trial or to participate in a class action against the other. In addition, Avenge Digital and you agree that each may bring suit in court to enjoin infringement or other misuse of intellectual property right

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR AVENGE DIGITAL WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Applicable Law

The law applicable to the interpretation and construction of these Terms of Use and any transaction (including purchases made on this Site) using or related to the Site, shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of Washington, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Washington.

Links to Other Websites and Services

This Site may include links to other Internet sites maintained by third parties (“Linked Sites”). Avenge Digital provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by Avenge Digital of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the Avenge Digital Site.  Linked Sites are not under the control of Avenge Digital and Avenge Digital is not responsible for the contents of any Linked Site.

Denial of Access

These Terms of Use constitute an agreement that is effective unless and until terminated by Avenge Digital. If in Avenge Digital’s sole discretion you fail to comply with any term or provision of this agreement, Avenge Digital may deny you access to the Site. In the event of denial of access by Avenge Digital, you are no longer authorized to access the Site, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall continue in force. These Terms of Use constitute the entire agreement between you and Avenge Digital relating to the subject matter addressed herein.

Denial of Access

Avenge Digital encourages you to review the other policies posted on this Site. These policies also govern your use of Avenge Digital’s services and products. Avenge Digital reserves the right to make changes to our site, policies and these Terms of Use at any time and will provide notice of such changes if or as required by law. 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.

Effective: November 2019