Effective March 18, 2022
SPECIFICALLY, PLEASE READ THE DISPUTES WITH OPERATORS SECTION CAREFULLY, IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL.
Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on the Sites are subject to change at any time without notice. The inclusion of any products or services on the Sites at a particular time does not imply or warrant that these products or services will be available at any time.
Accuracy of Information. We attempt to ensure that information on the Sites is complete, accurate and current. Despite our efforts, the information on the Sites may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Sites. We may from time to time and in our sole discretion make available special offers and promotions that are sometimes limited, including to a particular geographic region. We reserve the right at any time, within our discretion and without prior notice although at all times to the extent permissible under applicable law, to add or change offers and/or promotions or to discontinue any offers or promotions. We are not responsible if you see a promotion offered outside of your geographic region.
Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on the Sites are registered and unregistered trademarks, trade names and service marks of 2nd Ave. or its affiliates. Other trademarks, trade names and service marks used or displayed on the Sites are the registered and unregistered trademarks, trade names and service marks of their respective owners or their respective affiliates. Nothing contained on the Sites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Sites without the written permission of 2nd Ave or such other owner. You shall not use Operators’ names or any language, pictures or symbols which could, in Operators’ judgment, imply Operators’ endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
Digital Millennium Copyright Act. If you are a copyright owner or an agent thereof and believe that any content posted on the Sites infringes upon your copyrights, you may submit written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) to our designated Copyright Agent at LegalAdmin@2ndAveStores.com. You should include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit location of the material; (4) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (5) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You shall not impersonate anyone else or otherwise misrepresent your identity, affiliation or status. You agree not to provide material and misleading information knowingly and with intent to defraud. You shall not upload to, or distribute or otherwise publish on the Sites any malware, viruses, spyware, or other malicious software or files to the Sites. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Sites. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Be Courteous. You agree that you will not threaten or verbally abuse other users of the Sites, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam”.
Use respectful language. You agree not to use language that abuses or discriminates on the basis of religion, race, nationality, gender, sexual preference, age, region, disability, etc.
You acknowledge and agree that if you make any submission to the Sites (i.e. user generated content including but not limited to User Generated Content) we reserve the right (but have no obligation) to (i) monitor User Generated Content, (ii) disclose any User Generated Content, and the circumstances surrounding its transmission, to any third party (iii) edit, alter, remove, modify, refuse to post or allow to be posted any User Generated Content, publish, transmit, and display by the Operators and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. User Generated Content made to the Sites may also be included in our RSS Feeds and APIs and made available for republishing through other formats.
For any User Generated Content you submit, you grant the Operators a nonexclusive, world-wide, royalty-free, sub-licensable, fully paid-up, irrevocable, transferable right and license to use, display, perform, transmit, tag, encode, index, cache, copy, modify, delete, adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies), publish, translate, create derivative works from, sell and distribute such User Generated Content and to incorporate the User Generated Content into any form or media now known or hereafter developed, through the world without compensation to you. For this reason, do not send us any User Generated Content that you do not wish to license to use, including any confidential information or any original creative materials such as stories, product ideas, computer code, or original artwork. In addition, you grant the Operators the right to include the name provided along with the User Generated Content submitted by you; provided, however the Operators shall have no obligation to include such name with such User Generated Content. We are not responsible for the use or disclosure of any personal information that you voluntarily or publicly disclose in connection with any User Generated Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this User Generated Content Policy. You further irrevocably waive any “moral rights” or other rights with respect to attribution or authorship or integrity of materials regarding User Generated Content that you may have under any applicable law under any legal theory. You further represent that you have obtained all necessary permissions from any person or entity identified in or implicated by your submission (including those shown in photographic or video content), and, in the case of minors, also from their parents or legal guardians, as appropriate.
By submitting User Generated Content, you are consenting to its display and publication on the Sites and in the Social Media and for related online and offline promotional uses.
Linking to the Sites. Creating or maintaining any link from another website or application to any page on the Sites without our prior written permission is prohibited. Running or displaying the Sites or any information or material displayed on the Sites in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Sites must comply with all applicable laws, rules, and regulations.
Third Party Links. From time to time, the Sites may contain links to websites that are not owned, operated, or controlled by the Operators or their respective affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Sites. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website(s). Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from the Sites, you do so entirely at your own risk.
Content is also provided by third party visitors to the Sites. Please note that visitors to the Sites may post content that is inaccurate, misleading, or deceptive. the Operators neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of the Operators.
Account Registration and Security. You understand that you may need to create an account to have access to all of the services offered by the Operators. In order to use those portions of the Sites, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Sites’ registration or subscription page (such information being the "Registration Data") and (b) 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 the Operators have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Operators have the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Sites using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware.
DISCLAIMERS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOUR USE OF THE SITES AND/OR PROGRAMS IS AT YOUR RISK. THE INFORMATION, MATERIALS, SERVICES AND PROGRAMS PROVIDED ON OR THROUGH THE SITES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER 2ND AVE NOR ITS RESPECTIVE AFFILIATES OR SUPPLIERS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SITES. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITES MAY BE OUT OF DATE, AND NEITHER THE OPERATORS NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. FURTHER, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITES, AND OPERATION OF THE SITES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES AND CONDITIONS DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED ON THE SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES AND CONDITIONS DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATIONS OF LIABILITY. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OPERATORS ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF OR RELIANCE ON ANY CONTENT, OR THIRD PARTY CONTENT CONTAINED IN OR INFORMATION SUBMITTED TO THE SITES OR PROGRAMS, OR SERVICES OBTAINED THROUGH THE SITES OR PROGRAMS, AND THE RISK OF DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. USE OF THE SITES AND/OR PROGRAMS IS ENTIRELY AT YOUR OWN RISK. THE SITES AND PROGRAMS ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF A THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT OPERATORS SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OR LOST PROFITS, OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF THE SITES OR PROGRAMS, ARISING OUT OF USE OR INABILITY TO USE OF THE SITES OR PROGRAMS, OR ANY CONTENT, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITES OR THROUGH THE PROGRAMS, OR SERVICES OBTAINED THROUGH THE SITES OR PROGRAMS, EVEN IF OPERATORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL COLLECTIVE LIABILITY OF THE OPERATORS (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ASSOCIATED WITH ANY CLAIM ARISING FROM THE SITES OR PROGRAMS FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITES OR PROGRAMS, IF ANY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES AND CONDITIONS, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS, THEY MAY NOT APPLY TO YOU, AND YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS.
DISPUTES WITH OPERATORS
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND THE OPERATORS HAVE AGAINST EACH OTHER ARE RESOLVED. NOTE: THIS SECTION WILL ONLY APPLY TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Operators agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
- Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and Operators (the “Arbitrator”);
- Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and Operators; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
- Governing Law. The Arbitrator (i) shall apply internal laws of the State of Washington consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Washington or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
- No Class Relief. The Arbitration can resolve only your and/or Operators’ individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
- Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
- Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, Operators will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
- Reasonable Attorney’s Fees. In the event you recover an Award greater than Operators’ last written settlement offer, the Arbitrator shall also have the right to include in the Award Operators’ reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but Operators shall in all events bear its own attorneys’ fees; and
- Interpretation and Enforcement of Arbitration Clause. With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Operators shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
- Modification of Arbitration Clause With Notice. Operators may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after Operators has given notice of such modifications and only on a prospective basis for claims arising from Operators Transactions and Relationships occurring after the effective date of such notification.
- Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against Operators in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
Force Majeure. Neither the Operators nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Termination. You or we may suspend or terminate your account or your use of the Sites at any time, for any reason or for no reason. You are personally liable for any charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Sites at any time without notice.