Terms of Service
Last Updated: May 17, 2020
Our Terms of Service (“Agreement”) contains important information about your (“User”) legal rights. It applies to the Avvinue.com website(“Company”, “Our”, “Site”, “Us”, “We”) and all related Sites, applications, including mobile applications, services and tools regardless of how you accessor use them.
Children under the age of 14 are not eligible to use the Site unsupervised and We ask that children do not submit any personal information to Us. If you are under the age of 14, you may only use this Site in conjunction with and under supervision of your parents or legal guardians.
Avvinue is an all-in-one expat moving platform to easily manage an international relocation and get access to on-demand relocation specialists around the world. Our Site is available to you, subject to these Terms of Service; whereas. your use of the Site signifies that you agree to this Agreement. If you are using the Site for an organization, you agree to this Agreement on behalf of that organization, and represent you have authority to bind that organization to the terms contained in this Agreement. If you do not or are unable to agree to thisAgreement, do not use Our Site.
1.2Revisions to this Agreement
This Terms of Service will be updated periodically and posted on Our Site. We reserve the right to change this Agreement at anytime by posting revisions. You agree to review the Terms of Service periodically and become aware of modifications. By accessing or using the Site, you agree to be bound by all of the terms and conditions of Our Terms of Service as posted at the time of your access or use.
2. YOUR ACCOUNT AND MEMBERSHIP
Our Site is available to anyone who is at least 14years old. You represent that you are at least 14 years of age. Additional eligibility requirements for a particular portion of Our Site may be set by anyUser who has the ability to moderate or manage that portion of Our Site. For example, the eligibility requirements for an Avvinue group or event may be set by the organizer(s) of that group.
2.2 Use ofCommunication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or within a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are appropriate in material and form and related to the particular Communication Service.
You agree that you will not:
· defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
· publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
· upload files that contain software or other material protected by intellectual property laws (orby rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
· upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless suchCommunication Service or advertisement specifically allows such messages;
· conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another User of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
· falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other User from using and enjoying the Communication Services;
· violate any code of conduct or other guidelines which may be applicable for any particularCommunication Service;
· harvest or otherwise collect information about others, including e-mail addresses, without their consent; or
· violate any applicable laws or regulations.
We have no obligation to monitor the Communication Services or paid advertisement.However, it reserves the right to review materials posted to a CommunicationService and to remove any materials in its sole discretion, including the right to terminate your access to any or all of the Communication Services or paid advertisement at any time without notice for any reason whatsoever. We also reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.
We may charge a fee to post content in some areas of the Site. This Content may include banner and text advertisements, sponsorships, and business listings.The fee may be an access fee permitting content to be posted in a designated area, and/or paid advertising. Each User posting content to the Site is responsible for said content and compliance with this Terms of Services and any other applicable Agreement between the parties. Unless otherwise stated herein, all fees paid will be non-refundable in the event that content is removed from the service for violating these Terms of Service.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. We specifically do not control or endorse the content, messages or information found in any CommunicationService or paid advertisement and, therefore, We specifically disclaim any and all liability with regard to the Communication Services and paid advertising and any actions resulting from your participation in any Communication Service or engagement in the paid advertising.
We advise you not to reveal any other personal information to another individual until you make attempts to confirm the other person’s identity and intentions. Always use common sense when it comes to interacting with anyone while you are online as you would offline. Always use respect when contacting or replying to another User just as you would in public. If anyone spams or harasses you, please notify us immediately. We have zero tolerance for cyber bullying, harassment or such behavior. If We find that the User is in violation of OurTerms of Service, he/she may be deleted. We also reserve the right to, buts hall not be required to, contact local and federal law enforcement personnel, depending on the nature of the event.
By posting, uploading, inputting, providing or submitting your submission you are granting Us, Our affiliated companies and necessary sub-licensees permission to use your submissions in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; and to publish your name in connection with your submission(s). No compensation will be paid with respect to the use of your submission, as provided herein.
Users of the Site are not spokespersons for Avvinue and their views do not necessarily reflect those of Our Company.
2.3 Suspension of Your Account
We may modify, suspend or terminate your account or access to the Site if, in Our sole discretion, We determine that you have violated this Agreement, including any of the policies or guidelines that are part of this Agreement, that it is in the best interest of the Avvinue community, or to protect Our brand or Site. We also may remove accounts of User who are inactive for an extended period of time. A User who has the ability to moderate or manage a particular portion of Our Site also has the ability, in his or her sole discretion, to modify, suspend, or terminate your access to that portion of the Site.
2.4Account Information and Security
When you register, you provide us with some basic information, including an email address, phone number and password. Keep your email address and other account information current and accurate. You agree to maintain the security and confidentiality of your password and you alone are responsible for anything that happens from your failure to maintain that security and confidentiality, such as by sharing your account credentials with others. If someone is using your password without consent, notify us immediately.
3. FEES,PAYMENTS, AND OFFERS
3.1Fees Charged by Avvinue
Use of some of the features on Our Site is free, and We charge fees for other features. We may in the future implement a new fee, or modify an existing fee, for certain current or future features of Our Site. If We implement a new or modified fee, We will give you advanced notice such as by posting changes on Our Site or sending you an email. You agree to pay those fees and any associated taxes for your continued use of the applicable service.Unless otherwise stated, all fees and all transactions are in Euros. All fees are exclusive of applicable federal, state, local, or other taxes.
Certain AvvinueUsers may impose fees in some areas of the Site, such as a personal trainer account, User group or event. The decision to charge fees and the amount of those fees is at the discretion of those Users. Refunds that We initiate, if any, will be governed by this Agreement. Users may also have their own refund policies, so long as they are consistent with and do not limit Users’ ability to receive refunds under this Agreement. Payments made to Users via the Site are made through a third-party payment service provider. Certain types of fees charged by Users may be billed on a recurring basis. If billed on a recurring basis, you grant Us authorization to charge the applicable fee through the designated payment method. You may cancel auto-renewal at any time unless stated otherwise.
The following provisions are added to this Agreement for Users residing in Arizona, California, Connecticut,Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin:
You, the buyer, may cancel this Agreement, without penalty or obligation, at anytime prior to midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To cancel this Agreement, mail or deliver a signed and dated notice which states that you, the buyer, are canceling this Agreement, or words of similar effect. This notice shall be sent to: Avvinue, 57 Rue du Président Édouard Herriot 69002 Lyon, France. Please include any associated username and email address in any correspondence or your refund may be delayed. If you cancel, Avvinue will return, within 90 days of the date on which you give notice of cancellation, any payments you have made.If you send or deliver the notice to cancel your subscription Agreement within such three-day period, We will refund the full amount of your subscription.
In the event that you die before the end of your subscription period, your estates hall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services)before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the Company notice at the same address.
Fees in some areas of Our Site may be billed on either a recurring basis or on a one-time basis. If billed on a recurring basis, the fees are payable in advance of the applicable period specified via the Site with no refunds. We will automatically bill you for each renewal period until cancellation. By purchasing any feature or other aspect of Our Site for which We charge, you authorize Us to keep your payment current by charging your credit card account (or any other means of payment used by you) the applicable fee.While you may cancel auto-renewal or cancel your subscription at any time, you won’t be issued a refund except in Our sole discretion.
We may offer free trials of features and other products on Our Site. We will inform you of the length of the free trial, your renewal period, and the date and amount of your first payment. After your free trial ends, your paid service will begin and We will automatically bill you foreach renewal period until cancellation. You can cancel automatic subscription renewals at any time according to the terms and procedures described in Section3.2 (Automatic Renewals).
3.4Third Party Payment Processors
A User that uses the Site to accept payments from other Users must comply with the terms and conditions of the third-party provider of the applicable payment service used to receive the payment. We do not provide those payment services, are not a party to your Agreement with the applicable third-party provider, and will not be liable or responsible for your use of those third-party payment services.
Your Site group or its Users may receive offers from third parties, such as discounts, sponsorships, or other benefits. We are not involved in any dealings or payments between you and third parties, and theseTerms of Service do not govern such transactions.
5. YOUR USE OF OUR SITE
5.1Content of Others
We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from Our Site. In addition, these Sites or services, including their content and links, may be constantly changing. These Sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to Our Site, is subject to that website’s own terms and policies.
5.2Interactions with Others
We are not a party to any offline arrangements made through Our Site. We do not conduct or require background checks on Users, and do not attempt to verify the truth or accuracy of statements made by Users. We make no representations or warranties concerning the conduct or content of any Users or their interactions with you.
Our Site contains proprietary and confidential information and is protected by intellectual property laws. Unless We expressly permit it through this Agreement, you agree not to modify, reproduce, sell or charge a fee, offer to sell or charge a fee, make, create derivative works based on, or distribute any part of Our Site, including any data, or content of others.
5.4No Technical Interference with the Site
You agree that you will not engage in any activity or post any information or material that interferes with or disrupts, or that is designed to interfere with or disrupt, the Site or any hardware used in connection with the Site.
5.5Third-Party Sites and Services
The Site contains links to third party Sites, and is integrated with various third-party services, applications and Sites that may make available to you their content and products. We do not control these third parties and aren’t responsible for those Sites or services or their content or products. These third parties may have their own terms and policies, and your use of them will be governed by those terms and policies.
5.6 International Users
TheSite is controlled, operated and administered from Our offices within France.If you access the Site from a location outside France, you are responsible for compliance with all local laws. You agree that you will not use the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to release Us and Our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries, sponsors, and other third-party partners ( “Avvinue Parties”) from Claims, demands, and damages (direct and consequential) of every kind and nature, known and unknown, now and in the future (“Claims”), arising out of or in any way connected with any transaction with a third party, your interactions with otherUsers, or in connection with a Site group or event. You also agree to release organizers from Claims based on an organizer’s negligence arising out of or in any way connected with their content, a Site group or event. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits that you have or may have under Section 1542 of the California Civil Code or any similar provision of statutory or non-statutory law of any other jurisdiction to the fullest extent permitted by law.
You agree to indemnify, defend and hold all Avvinue Parties harmless from any Claims, made by any third party due to or arising out of (a)your violations of this Agreement, (b) your use, misuse, or abuse of Our Site,(c) your content, (d) your violation of any law, statute, ordinance or regulation or the rights of a third party, or (e) your participation or conduct in a Site group or event that violates this Agreement. You agree to promptly notify Us of any third-party Claims, cooperate with Avvinue Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims, including, but not limited to, attorneys’ fees. You agree not to settle any Claim without Our prior written consent.
8. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
Our Site is provided to you “as is” and on an “as available” basis. We disclaim all warranties and conditions of any kind, including but not limited to statutory warranties, and the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We also disclaim any warranties regarding (a) the reliability, timeliness, accuracy, and performance of Our Site, (b) any information, advice, services, or goods obtained through or advertised on Our Site or by Us, as well as for any information or advice received through any links to other websites or resources provided through Our Site, (c) the results that may be obtained from the Site, and (d) the correction of any errors in the Site, (e) any material or data obtained through the use of Our Site, and (f) dealings with or as the result of the presence of marketing partners or other third parties on or located through Our Site.
8.2Limitation of Liability
You agree that in no event shall We be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if We have been advised of the possibility of such damages) arising out of or in connection with (a) Our Site or this Agreement or the inability to use Our Site (however arising, including Our negligence), (b)statements or conduct of or transactions with any User or third party on the Site,(c) your use of Our Site or transportation to or from Avvinue events, attendance at Avvinue events, participation in or exclusion from Avvinue events and the actions of you or others at Avvinue events, or (d) any other matter relating to the Site. Our liability to you or any third parties in any circumstance is limited to the greater of $100 or the amount of fees, if any, you paid to Us in the 12 months prior to the action that may give rise to liability. The limitations set forth in this Section 8 (Warranty Disclaimer andLimitation of Liability) will not limit or exclude liability for Our gross negligence, fraud, or intentional, malicious, or reckless misconduct.
Before making any Claims, you and Avvinue agree to try to resolve any disputes through good faith discussions. We use the term “Claim”in this Section 8 to mean any dispute, Claim or controversy arising out of or relating to your use of Our Site or this Agreement, including your participation in Avvinue events. You or Avvinue may initiate this process by sending written notice according to Section 11.1 describing the dispute and your proposed resolution. In the event that we cannot resolve the issue within30 business days of receipt of the initial notice, you or Avvinue may bring a Claim in accordance with Section 9.2 (Arbitration Agreement).
Except as set forth in Section 9.5 (Exceptions), you agree to submit any Claim to the American Arbitration Association, (“AAA”) for final and binding arbitration. In arbitration certain rights that you or We would have in court may not be available, such as discovery or appeal. You and Avvinue are each expressly waiving any right to trial by judge or jury in a court of law. This Agreement to arbitrate shall apply regardless of whether the Claim arises during or after any termination of this Agreement or your relationship with Avvinue.
9.3Arbitration Time for Filing
Any Claim subject to arbitration must be filed within one year after the date the party asserting the Claim first knows or should know of the act, omission or default giving rise to the Claim, or the shortest time period permitted by applicable law.
You or Avvinue may assert Claims, if they qualify, in small Claims court in Lyon, France. You or Avvinue may seek injunctive relief from a court of competent jurisdiction in Lyon, France as necessary to protect the intellectual property rights of you or Avvinue pending the completion of arbitration. We may take action in court or arbitration to collect any fees or recover damages for, or to seek injunctive relief relating to, Site operations, or unauthorized use of Our Site or intellectual property. Nothing in thisSection 9 (Dispute Resolution) shall diminish Avvinue’s right to modify, suspend or terminate your account or access to Our Site under Section 2.2 (Use of Communication Services).
9.5 Arbitration Opt Out
You may decline to resolve disputes through arbitration by emailing Us at email@example.com within 30 days of the date you first agree to this Agreement. Your email must include your full name, residential address, the email address registered to your Avvinue account, and a clear statement that you want to opt out of arbitration. If you opt out according to this process, then Sections 9.2, 9.3, and 9.4 of this Agreement do not apply to you. This opt-out does not affect any other sections of thisAgreement, such as Sections 9.4 (Exceptions), 9.7 (Class Action Waiver), 11.4(Governing Law), 11.5 (Judicial Forum), and 11.6 (Time for Filing).
9.6Class Action Waiver
You agree to resolve disputes with Avvinue on an individual basis. You agree not to bring a Claim as a plaintiff or a class User in a class, consolidated or representative action. You are expressly waiving any right to participate in class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations.
10.1Intellectual Property of Avvinue
Avvinue trademarks, logos, service marks, and service names are the intellectual property of Avvinue. Our Site, including Our material on the Site, are Our intellectual property. Except as described here in, or as otherwise permitted by law, you agree not to use Our intellectual property without Our prior written consent.
10.2Intellectual Property of Others
Avvinue respects the intellectual property of others, and We expect Our Users to do the same. We may, in appropriate circumstances and in Our discretion, remove or disable access to material that infringes on the intellectual property rights of others. We may also restrict or terminate access to Our Site to those who We believe to be repeat infringers. If you believe your intellectual property rights have been violated, please contact Us as per Section 11.13 (Contact Us).
Except as otherwise stated in this Agreement or as expressly required by law, any notice to Us shall be given by certified postal mail to Avvinue, 57 Rue du Président Édouard Herriot 69002 Lyon, France. Any notice to you shall be given to the most current email address in your account.
This Agreement constitutes the entire Agreement between you and Avvinue, superseding any prior Agreements between you and Avvinue on such subject matter.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Avvinue is intended or created by this Agreement. A User of Our Site is not Avvinue's representative or agent, and may not enter into an Agreement on Our behalf.
This Agreement and the relationship between you and Avvinue shall be governed exclusively by the laws of France without regard to its conflict of laws provisions, except as set forth in Section 9(Dispute Resolution).
If Our Agreement to arbitrate is found not to apply to you or your Claim, or if you opt out of arbitration pursuant to Section 9.6(Arbitration Opt Out), you and Avvinue agree that any judicial proceedings(other than small Claims actions) must be brought exclusively in the federal or state courts located in Lyon, France, and you and Avvinue agree to venue and personal jurisdiction in those courts.
11.6Time for Filing
Any Claim not subject to arbitration must be commenced within one year after the date the party asserting the Claim first knows or should know of the act, omission or default giving rise to the Claim, or the shortest time period permitted by applicable law.
ThisAgreement is not assignable, transferable or sub-licensable by you except with Our prior written consent, but may be assigned or transferred by Us to any affiliate or subsidiary, or in connection with a merger, acquisition, corporate organization, sale of all or substantially all of Our assets, or similar transaction.
A party’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive any right to act with respect to subsequent or similar breaches.
If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and Avvinue nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.
If we terminate your account or access to Our Site, this Agreement terminates with respect to the User account that has been terminated. However, certain provisions of this Agreement that by their nature survive termination shall survive termination, including those terms listed inSection 11.11 (Survival).
Sections 3 (Fees, Payments, and Offers), 4 (Privacy),6 (Release), 7 (Indemnification), 8 (Warranty Disclaimer and Limitation ofLiability), 9 (Dispute Resolution), 11.10 (Termination), 11 (Miscellaneous) of this Agreement, and any other provisions necessary to give effect to these provisions, shall survive any termination or expiration of this Agreement.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
If you have any questions about this Terms of Service, the practices of this Site, or your dealings with this Site, please contact Us at:
57 Rue du Président Édouard Herriot 69002 Lyon, France