Updated: February 7, 2019
Welcome to AVVAY. Please read this Terms of Service Agreement (the “Terms of Service” or “Terms”) carefully. By accessing or using this website or any other websites owned or operated by AVVAY (collectively, the “Website”), in any way, including listing or booking any spaces, or using any other services AVVAY may offer or enable through the Website (collectively the “Services”), you represent that you have read and agree to the Terms of Service and you have the authority to enter into the Terms of Service personally or on behalf of the company you have named as the user, and to bind that company to the Terms of Service. The term “AVVAY” means AVVAY, Inc. and its affiliates and the term “you” refers to the individual or legal entity, as applicable, identified as the user when you registered for the services. If you do not agree to be bound by the terms of service, you may not access or use the website or the services.
The terms of service include a class action waiver and a waiver of jury trials and require binding arbitration on an individual basis to resolve disputes.
The terms of service limit the remedies that may be available to you in the event of a dispute.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES (AND ANY CONTENT AVAILABLE THROUGH THE SERVICES) IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
AVVAY PROVIDES THE SERVICES TO LIST AND BOOK SPACES AND COMMUNICATE WITH OTHER USERS. WE ARE NOT RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR PROVIDING, OR FOR THE CONDITION OR NATURE OF, ANY SPACE OR AMENITIES. HOSTS AND GUESTS ARE INDEPENDENT THIRD-PARTIES AND ARE NOT AFFILIATED, CONTROLLED BY, OR EMPLOYED BY AVVAY. HOSTS SET THEIR OWN PRICES, USE THEIR OWN FACILITIES AND RESOURCES, AND MAY CONDITION USE OF SPACES AS THEY FEEL IS APPROPRIATE FOR THEIR BUSINESS.
YOU UNDERSTAND AND AGREE THAT USE OF THE PLATFORM AND SERVICES ARE AT YOUR OWN RISK. AVVAY IS NOT RESPONSIBLE FOR PERFORMING AND DOES NOT PERFORM BACKGROUND CHECKS ON GUESTS OR HOSTS (INCLUDING CRIMINAL OR CIVIL CHECKS); DOES NOT REVIEW THE CONDITION OF SPACES OR ENSURE THAT THEY COMPLY WITH EXISTING LAW, MEET ANY SPECIFIC REQUIREMENTS, OR ARE CONSISTENT WITH THEIR DESCRIPTION; AND DOES NOT GUARANTEE PERFORMANCE OF ANY USER OR THIRD PARTY. ANY INFORMATION PROVIDED TO YOU REGARDING USERS OR SPACES, IS ONLY PROVIDED TO FACILITATE YOUR USE OF THE SERVICES AND IS PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY. AVVAY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, THAT ANY INFORMATION PROVIDED THROUGH THE PLATFORM IS ACCURATE OR COMPLETE, OR THAT ANY USER, OR SPACE WILL BE PROVIDED TO YOU AS DESCRIBED. AVVAY DISCLAIMS ALL RESPONSIBILITY FOR AND LIABILITY RESULTING FROM THE NEGLIGENCE, INTENTIONAL MISCONDUCT, OR CRIMINAL ACTIVITY OF ALL USERS OR THIRD PARTIES, OR ANY INJURY OR PROPERTY DAMAGE THAT OCCURS TO YOU, THIRD PARTIES, OR PROPERTY WHILE ACCESSING OR USING SPACES OR AMENITIES.
CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
AVVAY Website is an internet "service provider" under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As required by the DMCA, AVVAY maintains specific contact information provided below for notifications of claimed infringement regarding materials posted to the Website. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
P.O. Box 1194
Franklin, Tennessee 37065
AVVAY will respond expeditiously to claims of copyright infringement committed on the Website. In notifying AVVAY of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit AVVAY to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.