Last Revised: July 15, 2018

PLEASE READ THESE TERMS OF USE CAREFULLY.  BY ACCESSING OR USING THIS WEBSITE OR MOBILE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE OR MOBILE APPLICATION.

Welcome to this website and/or mobile application, owned by Avenue Homes, LP, a California limited partnership and its subsidiaries or affiliated companies (“Avenue”, “we”, or “us”).  We are providing this website or mobile application (including linked/connected websites and their subdomains, mobile applications, or online services, collectively the “Site”) as a service to those who wish to obtain information about us and our services (“Visitor(s)” or “you”).  Please review the following rules that govern your use of the Site.  By using the Site you agree to be bound by the terms and conditions set forth below, our Privacy Policy www.avenuehomes.com/privacy-policy and any disclaimers or other terms and conditions that appear elsewhere on the Site (collectively, these “Terms of Use”).  Your use of the Site constitutes your agreement to follow and be bound by these Terms of Use.  You are responsible for reading and understanding these Terms of Use.  If you do not agree to be bound by these Terms of Use, or do not understand these Terms of Use, you are not authorized to access the Site.  We may revise these Terms of Use at any time for various reasons, and as a result we recommend that you visit these pages periodically in order to review these Terms of Use.  Although you are not required to review these Terms of Use each time you access the Site, your act of accessing the Site, including without limitation any page(s) that constitute a part of the Site, and/or your act of purchasing our products, nonetheless binds you to these Terms of Use.

1. Proprietary Rights. Unless otherwise noted, all written and/or other materials that are part of the Site, including information, images, illustrations, designs, icons, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”), are protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future.  Except as provided in Section 3 below or authorized or licensed to Visitor in writing, Visitor shall not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.  All Content is copyrighted under United States and international copyright laws and (as between Visitor and Avenue only) Avenue owns or has the right to use, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement and enhancement of all Content.  The trademarks, logos, tradenames and other marks on the Site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission of Avenue, and, as such, may not be reproduced, copied, or manipulated in any manner without the express written approval of the trademark owner.

2. Your Use of the Site.

a. The Site and the Content are intended solely for use by Visitor in accordance with these Terms of Use. You acknowledge and agree that certain portions of the Site may expressly permit you to copy, download or otherwise take portions of the Content and/or other downloadable materials displayed on the Site (“Downloadable Content”), but Visitor is not otherwise permitted to copy, download or otherwise take Downloadable Content, and Avenue may condition, restrict or impose limitations on Visitor’s ability to copy, download or otherwise take Downloadable Content, in Avenue’s sole and absolute discretion.  Visitor agrees to leave intact all copyright, trademark and other proprietary notices contained in such Downloadable Content, and will not modify or alter the material or copy or publicly post the material or broadcast the material in any media whatsoever.  Visitor may not modify, transmit, distribute, use or reuse, repost or “frame” the Content for public or commercial purposes without express written permission from an authorized representative of Avenue.  No right, title or interest in any Content is transferred to Visitor as a result of Visitor’s downloading or copying the Downloadable Content.  Except as noted above, Visitor shall not publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Site, Content, Downloadable Content or any intellectual property that may be contained therein.  As a condition of using the Site, Visitor agrees that if Avenue, in its sole and complete discretion, requests in writing that Visitor remove any link or links to the Site, Visitor will promptly do so.  Visitor further agrees that Avenue may, in its sole and complete discretion and at any time, terminate Visitor’s access to and use of the Site, or any part thereof, with or without notice to Visitor.

b. Visitor agrees not to tamper with the Site, misrepresent Visitor’s identity, conduct fraudulent or unauthorized activities in connection with the Site, use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or use agents to do any of the same. Visitors are prohibited from violating or attempting to violate the security of the Site, including, without limitation (i) accessing data not intended for such Visitor or which Visitor is not authorized to access; (ii) using the Site for unintended purposes or trying to change the behavior of the Site; (iii) attempting to probe, scan or test the vulnerability of the Site; (iv) attempting to interfere with other Visitors’ access to the Site, including without limitation via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (v) forging communications on behalf of the Site (impersonating the Site), or to the Site (impersonating as a legitimate Visitor); or (vi) sending unsolicited and unauthorized e-mail on behalf of Avenue or its affiliates, including promotions and/or advertising of any products or services.  You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site.  You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search or remove Downloadable Content from the Site.  If and when requested, you agree to promptly provide true, accurate and complete Visitor information to Avenue regarding your use of the Site.

c. Any rights not expressly granted by these Terms of Use are reserved by Avenue.

3. NO WARRANTIES; LIMITATION OF LIABILITY. YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED TO THE CONTENT, IS AT YOUR SOLE RISK.  SUCH INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS.  WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION.  WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  IN NO EVENT SHALL WE AND/OR OUR AGENTS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT OR OTHERWISE, EVEN IF AVENUE OR ANY OF ITS AGENTS OR EMPLOYEES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

4. DISCLAIMER. AVENUE DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE SITE, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; (B) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM; (C) THE UNAVAILABILITY OF THE SITE OR ANY PORTION THEREOF; (D) YOUR USE OF THE SITE; OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE.

5. LIMITATION OF LIABILITY. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, IN NO EVENT SHALL AVENUE’S AGGREGATE LIABILITY HEREUNDER EXCEED THE SUM OF $100.00.  THIS LIMITATION SHALL APPLY TO ALL CAUSES OF ACTION AND CLAIMS IN THE AGGREGATE, AND SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

6. Children’s Privacy. We are committed to protecting the privacy of children.  the Site is intended for use by individuals 13 years of age or older.  Avenue does not permit children under 13 years of age to use the Site.  Visitors between the ages of 13 and 18 must use the assistance of a parent or guardian before they use or visit the Site.  Avenue does not collect information from children.  By using the Site, Visitor represents that Visitor is not under 13 years of age and will not permit such a person from accessing the Site.  You agree to contact Avenue immediately if you have knowledge that a child under the age of 13 has used the Site or submitted Personal Information (as described in our Privacy Policy) to us, via the Site or otherwise.

7. Registration and Account. In order to participate in certain areas of the Site, you may need to register for an account. You agree to (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify Avenue if you discover or otherwise suspect any security breaches relating to the Site; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

8. Errors, Corrections and Changes. Although Avenue attempts to ensure the integrity and accurateness of the Site, Avenue makes no guarantees whatsoever as to the correctness or accuracy of the Site.  Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability.  We reserve the right (and we will use commercially reasonable efforts) to correct any errors, inaccuracies or omissions, and will not be responsible for any damage that may occur as a result of such error, inaccuracy or omission, or correcting or attempting to correct the same.  Additionally, we reserve the right to change or update information at any time without prior notice.

9. Information & Content You Submit to Us. Except as described in our Privacy Policy, by using the Site, you agree that any information, materials, suggestions, ideas or comments you send to us or any other third party using the Site is not confidential.  By submitting any solicited or unsolicited information using the Site, you grant to Avenue and its affiliates an irrevocable and unrestricted royalty-free license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever, to the extent permitted by law.

10. Indemnity. You agree to indemnify, defend and hold harmless Avenue, its agents, employees, partners, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including reasonable attorneys’ fees incurred) related to your violation of these Terms of Use or in connection with your use of the Site.
11. Third Party Sites and Links. The Site may contain links to other sites that are not under our control and/or are independent from the Site (“Third-Party Site(s)”).  We provide links solely for the convenience and information of our Visitors.  We do not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site, its content, or its use.  A link to a Third-Party Site on the Site does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site.  We make no representation or warranty as to any products or services offered on any Third-Party Site.  The conditions of use and privacy policy of any Third-Party Site may differ substantially from these Terms of Use that apply to your use of the Site.  Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.  It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive or damaging nature.

12. Mobile Terms and Conditions. Effective Date: July 15th, 2018.  AVENUE HOMES UPDATES.  Receive special text offers and deals from Avenue Homes Updates through your mobile device.

a. Text JOIN to 63178 to receive periodic messages and updates.  Message and data rates may apply. By opting in to this service, you consent to receive mobile text alerts using an automatic telephone dialing system. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services.  By signing up, you are confirming you are over the age of 13. We take your privacy seriously. Please visit www.avenuehomes.com/privacy-policy to review our privacy policy.

b. STOP Information. Text STOP to 63178 to stop receiving Avenue Homes Updates messages from Avenue Homes, L.P. (you will receive a confirmation text)

c. HELP Information. For additional information, text HELP to 63178 or contact Customer Support at 833.828.3683.

d. Supported carriers are: AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Carolina West Wireless, Cellcom, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Cincinnati Bell Wireless, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, iWireless, Mobi PCS (Coral Wireless LLC), Mosaic, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, nTelos, Panhandle Telecommunications, Peoples Wireless, Pioneer, Plateau, Revol Wireless, Rina – Custer, Rina – All West, Rina – Cambridge Telecom Coop, Rina – Eagle Valley Comm, Rina – Farmers Mutual Telephone Co, Rina – Nucla Nutria Telephone Co, Rina – Silver Star, Rina – South Central Comm, Rina – Syringa, Rina – UBET, Rina – Manti, South Canaan / CellularOne of NEPA, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. T-Mobile is not liable for delayed or undelivered messages.

13. Notice and Takedown Procedures; Copyright Agent. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting Avenue’s copyright agent (identified below) and providing the following information:

a. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;

b. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material;

c. Your name, address, telephone number and (if available) e-mail address;

d. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law;

e. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and

f. A signature or the electronic equivalent from the copyright holder or authorized representative.

Avenue’s agent for copyright issues relating to the Site is as follows:

Avenue Homes, LP
Attn: Office of Privacy
8306 Wilshire Boulevard, Suite 405
Beverly Hills, CA 90212.

In an effort to protect the rights of copyright owners, Avenue maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

14. Notice Required by California Law.  Pursuant to California Civil Code Section 1789.3, Visitors are entitled to the following specific consumer rights notice:

The name, address and telephone number of the provider of the Site is Avenue Homes, LP, 8306 Wilshire Boulevard, Suite 405, Beverly Hills, CA 90212. Complaints regarding the Site or Content or requests to receive further information regarding use of this Site or Content may be sent to the above address.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at 916.574.7950 or 800.952.5210.

15. Applicable Law & Other Terms. The Site is created, operated and controlled by Avenue in the State of California, USA.  Visitor agrees that Avenue and the Site shall be deemed solely based in the State of California and the Site shall be deemed a passive website that does not give rise to personal jurisdiction over Avenue, either specific or general, in jurisdictions other than the State of California.  These Terms of Use are to be governed by and construed in accordance with the internal laws of the State of California, without regard for principles of conflicts of laws.  Any civil action, claim, dispute or proceeding arising out of or relating to these Terms of Use shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Los Angeles, California.  You waive any jurisdictional, venue, or inconvenient forum objections to such forum.  THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS.  BY USING THE SITE YOU AGREE TO STRICTLY ABIDE BY THESE RESTRICTIONS.  
You and Avenue shall select the arbitrator, and if you and Avenue are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator.  Visitor and Avenue each agree to bear its own attorneys’ fees and costs in any arbitration proceeding.  Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon Visitor and Avenue and each’s respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction.  Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Avenue, jurisdiction over and venue of any suit shall be exclusively in the state or federal courts sitting in Los Angeles County, California.  Notwithstanding the foregoing arbitration requirement, the parties may apply to such courts for immediate injunctive relief against the breach or threatened breach of these Terms of Use, in addition to any other legal remedies that may be available.

16. Miscellaneous. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remainder of these Terms of Use shall continue in effect, then, to the extent permissible under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.  Unless otherwise specified herein, these Terms of Use constitute the entire agreement between Visitor and Avenue with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between Visitor and Avenue with respect to the Site.  A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

In its sole discretion, Avenue may modify these Terms of Use by posting a revised version on the Site and you agreed that each visit by you to the Site is a new transaction governed by the then terms of use of the Site at that time.

© 2018 Avenue, LP.  All rights reserved.