Terms and Conditions


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.”

The following are the terms and conditions of use (“Terms of Use”) that govern access to and use of the Service.  By using the Service (or attempting to use the Service) you expressly agree to be bound by these Terms of Use and our Privacy Policy and to follow these Terms of Use and all applicable laws and regulations governing use of the Service. Also, when using the Service, you are subject to any posted guidelines or rules applicable to specific features, content, and applications within the Service.

We reserve the right to change the Terms of Use at any time. Such changes, modifications, additions, or deletions shall be effective immediately upon posting the revised Terms of Use on this page. You acknowledge and agree that it is your responsibility review the Terms of Use periodically, and to be aware of any modifications. Your continued use of the Service after such modifications will constitute your acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

1. SERVICE CONTENT: The Service and any service-related content including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (“Service Content”), is owned by us, licensed to us, or used by us with permission, and may be subject to copyright, trademark, and/or other intellectual property rights under United States and foreign laws and international conventions.  Conditioned upon your compliance with these Terms of Use, we grant you a limited, non-transferable, license to access and use the Service Content for personal, informational, and/or shopping purposes only. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Service Content and you agree to not engage in the use, copying, or distribution of any of the Service Content other than expressly permitted by us, including any use, copying, or distribution of third parties’ materials obtained through the Service for any commercial purposes.  Without limiting the generality of the foregoing, understand that our license to you with respect to Service Content does not include: any resale or commercial use of the Service or the Service Content; the collection and use of any product listings, pictures, and/or descriptions except where we have expressly made such collection and use possible (e.g., by providing a means to post certain photos or other Service Content to social media or share via email); the reproduction, distribution, public performance, or public display of any Service Content; modifying or otherwise preparing any derivative works or uses of the Service Content, or any portion thereof; use of any data mining, robots or similar data gathering or extraction methods; or downloading (other than the page caching) of any portion of the Site or Service Content. Additionally, we may change, suspend, or discontinue any aspect of the Service and/or Service Content at any time. We may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Service and/or Service Content. You agree not to circumvent, disable or otherwise interfere with security related features of the Service and the Service Content or features that prevent or restrict use or copying of Service Content or enforce limitations on use of the Service or the Service Content therein.

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.

6. WARRANTIES & REPRESENTATIONS:Without in any way limiting your obligations elsewhere in the Terms of Use, you hereby acknowledge and agree that by using the Service and/or accessing Service Content, you hereby represent, warrant and covenant that: you are over the age of 18, or, if not, you will only use the Service with the involvement, supervision, and approval or a parent or legal guardian (children under the age of 13 may not register for an account or use the Service); you will not reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use or exploit any Service Content or User Generated Content (other than your own) except as expressly permitted herein; and you will and hereby do agree to indemnify, defend and hold us harmless, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorneys’ fees and related costs and expenses, due to or arising out of your breach of the Terms of Use, including any representation or warranty hereunder. Notwithstanding the foregoing, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such case, you agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.

7. RIGHT TO MANAGE THE SERVICE:We reserve the right but do not have the obligation to monitor the Service for violations of the Terms of Use; take appropriate legal action against anyone who, in our sole discretion, violates these Terms of Use; refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s account or any portion thereof that may violate the Terms of Use or any of our other policies; or otherwise manage the Service in a manner designed to protect our and other’s rights and property and to facilitate the proper functioning of the Service.  WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY DENY ACCESS TO AND USE OF THE SERVICE TO, ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED HEREIN, OR OF ANY APPLICABLE LAW OR REGULATION.

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: support@avehome.com.

9. DISPUTE RESOLUTION: The Terms of Use are governed by the laws of the State of Louisiana, without regard to conflict of laws principles.  The parties agree to resolve all controversies and claims arising out of, related to, or in connection with the Service, the goods and/or services purchased on the Service, and/or these Terms of Use, including the formation, validity, construction, scope, performance, breach, or cancellation thereof (including, without limitation the formation, validity, construction, scope, performance, breach, and or cancellation of this arbitration clause), through confidential and binding arbitration in accordance with the Commercial Rules of the American Arbitration Association; and the parties hereby agree to, and do hereby also adopt, the Expedited Procedures of the Commercial Rules (regardless of the amount in controversy) with respect to any matter submitted to arbitration hereunder. The arbitration proceeding (including, without limitation, the arbitration hearing) shall be conducted in New Orleans, Louisiana before a single arbitrator (unless the parties mutually consent in writing to use an arbitration panel).  Each party unconditionally and irrevocably submits to the jurisdiction and venue of the state and federal courts located in New Orleans, Louisiana and you may not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise.

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.

12. ENTIRE AGREEMENT:The Terms of Use, including any additional terms referenced herein, including the Privacy Policy, constitutes the entire agreement between you and us regarding the use of the Service and the Service Content. Our failure to exercise or enforce any right or provision of the Terms of Use shall not operate as a waiver of such right or provision. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. The Terms of Use will operate to the fullest extent permissible by law. If any provision or part of a provision of the Terms of Use is unlawful, void or unenforceable, that provision or part of the provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.  If not severable (for any reason), the Terms of Use are void where prohibited, and the right to access and/or use the Service is hereby and permanently revoked in such jurisdictions.