Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Avenue Ventures LLC (“Avenue”), you agree to comply with and be bound by these Terms.
Please note: Section 19 of these Terms contains an arbitration clause and class action waiver that applies to all Avenue Members. This provision applies to all disputes with Avenue. It affects how disputes with Avenue are resolved. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Last Updated: March 1, 2020
Thank you for using Avenue!
These Terms constitute a legally binding agreement ("Agreement") between you and Avenue (as defined below) governing your access to and use of the Avenue website, including any subdomains thereof, and any other websites through which Avenue makes its services available (collectively, "Site") and all associated services (collectively, "Avenue Services"). The Site and Avenue Services together are hereinafter collectively referred to as the “Avenue Platform”. Our Vendor Guarantee Terms, Guest Refund Policy, Nondiscrimination Policy and other Policies applicable to your use of the Avenue Platform are incorporated by reference into this Agreement.
When these Terms mention “Avenue,” “we,” “us,” or “our,” it refers to the Avenue company you are contracting with located at 207 West Main Street, Newbern, Tennessee, 38059.
Our collection and use of personal information in connection with your access to and use of the Avenue Platform is described in our Privacy Policy.
Any and all payment processing services through or in connection with your use of the Avenue Platform ("Payment Services") are provided to you by one or more Avenue payments entities (individually and collectively, as appropriate, "Avenue Payments") as set out in the Payments Terms of Service ("Payments Terms").
Vendors alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Vendor Services (as defined below). For example, some cities have laws that restrict their ability to host paying guests for short periods or provide certain Vendor Services. In many cities, vendors may have to register, get a permit or obtain a license before providing certain Vendor Services (such as preparing food, serving alcohol for sale, or operating a vehicle). Vendors are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Vendor Services they offer. Certain types of Vendor Services may be prohibited altogether. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your venues(s) and vendor service(s) on Avenue, you should always seek legal guidance.
1.1 The Avenue Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Vendors” and the services they offer are “Vendor Services”) to publish such Vendor Services on the Avenue Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Vendor Services (Members using Vendor Services are “Guests”). Vendor Services may include the offering of properties for use ("Venues"), single or multi-day activities in various categories (“Events”), access to locations (“Venues”), and a variety of other event related services.
1.2 As the provider of the Avenue Platform, Avenue does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Vendor Services, nor is Avenue an organizer or retailer of event packages. Vendors alone are responsible for their Listings and Vendor Services. When Vendors make or accept a booking, they are entering into a contract directly with each other. Avenue is not and does not become a party to or other participant in any contractual relationship between Vendors, nor is Avenue a real estate broker or insurer. Avenue is not acting as an agent in any capacity for any Vendor, except as specified in the Payments Terms.
1.3 While we may help facilitate the resolution of disputes, Avenue has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Vendor Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Avenue does not endorse any Member, Listing or Vendor Service. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Avenue about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to contract with a venue, participate in an Event or use other Vendor Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Avenue of any Vendor or Listing.
1.4 If you choose to use the Avenue Platform as a Vendor, your relationship with Avenue is limited to being an independent, third-party contractor, and not an employee, agent, joint venture or partner of Avenue for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Avenue. Avenue does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Vendor Services. You acknowledge and agree that you have complete discretion whether to list Vendor Services or otherwise engage in other business or employment activities.
1.5 To promote the Avenue Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements..
1.6 The Avenue Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Avenue is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Avenue of such Third-Party Services.
1.7 Due to the nature of the Internet, Avenue cannot guarantee the continuous and uninterrupted availability and accessibility of the Avenue Platform. Avenue may restrict the availability of the Avenue Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Avenue Platform. Avenue may improve, enhance and modify the Avenue Platform and introduce new Avenue Services from time to time.
2. Eligibility, Using the Avenue Platform, Member Verification
2.1 In order to access and use the Avenue Platform or register an Avenue Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good
2.2 Avenue may make access to and use of the Avenue Platform, or certain areas or features of the Avenue Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, or meeting Ratings or Reviews thresholds.
2.3 The access to or use of certain areas and features of the Avenue Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the Avenue Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Avenue Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
3. Modification of these Terms
Avenue reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Avenue Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Avenue Platform will constitute acceptance of the revised Terms.
4.1 You must register an account ("Avenue Account") to access and use certain features of the Avenue Platform, such as publishing or booking a Listing. If you are registering an Avenue Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register an Avenue Account using an email address and creating a password.
4.3 You must provide accurate, current and complete information during the registration process and keep your Avenue Account and public Avenue Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) Avenue Account unless Avenue authorizes you to do so. You may not assign or otherwise transfer your Avenue Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Avenue Account credentials and may not disclose your credentials to any third party. You must immediately notify Avenue if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Avenue Account. You are liable for any and all activities conducted through your Avenue Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.6 Avenue may enable features that allow you to authorize other Vendors or certain third parties to take certain actions that affect your Avenue Account. For example, we may enable Vendors to link their Avenue Accounts to businesses and take actions for those businesses, we may enable eligible Vendors or certain third parties to offer services, or we may enable Vendors to add other Members as Co-Hosts (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by Avenue to ask for your credentials, and you shall not request the credentials of another Vendor.
5.1 Avenue may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Avenue Platform ("Vendor Content"); and (ii) access and view Vendor Content and any content that Avenue itself makes available on or through the Avenue Platform, including proprietary Avenue content and any content licensed or authorized for use by or through Avenue from a third party ("Avenue Content" and together with Vendor Content, "Collective Content").
5.2 The Avenue Platform, Avenue Content, and Vendor Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States. You acknowledge and agree that the Avenue Platform and Avenue Content, including all associated intellectual property rights, are the exclusive property of Avenue and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Avenue Platform, Avenue Content or Vendor Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Avenue used on or in connection with the Aveneu Platform and Avenue Content are trademarks or registered trademarks of Avenue in the United States. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Avenue Platform, Avenue Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Avenue Platform or Collective Content, except to the extent you are the legal owner of certain Vendor Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Avenue or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Avenue grants you a limited, non-exclusive, non-sublicense, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Avenue Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Vendor Content on or through the Avenue Platform, you grant to Avenue a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Vendor Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Vendor Content to provide and/or promote the Avenue Platform, in any media or platform. Insofar as Vendor Content (including Verified Images) includes personal information, such Vendor Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless you provide specific consent, Avenue does not claim any ownership rights in any Vendor Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Vendor Content.
5.6 Avenue may offer Vendors the option of having professional photographers take photographs of their Venue, which are made available by the photographer to Vendors to include in their Listings with or without a watermark or tag bearing the words "Avenue.com Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your Venue is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Avenue Platform if they no longer accurately represent your Venue, if you stop hosting the Venue featured, or if your Avenue Account is terminated or suspended for any reason. You acknowledge and agree that Avenue shall have the right to use any Verified Images in accordance with Section 5.5 for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Venue or otherwise, without further notice or compensation to you. Where Avenue is not the exclusive owner of Verified Images, by using such Verified Images on or through the Avenue Platform, you grant to Avenue an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Avenue in turn grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to use Verified Images outside of the Avenue Platform solely for your personal and non-commercial use.
5.7 You are solely responsible for all Vendor Content that you make available on or through the Avenue Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Vendor Content that you make available on or through the Avenue Platform or you have all rights, licenses, consents and releases that are necessary to grant to Avenue the rights in and to such Vendor Content, as contemplated under these Terms; and (ii) neither the Vendor Content nor your posting, uploading, publication, submission or transmittal of the Vendor Content or Avenue’s use of the Vendor Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.8 You will not post, upload, publish, submit or transmit any Vendor Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Avenue’s Content Policy or any other Avenue policy. Avenue may, without prior notice, remove or disable access to any Vendor Content that Avenue finds to be in violation of applicable law, these Terms or Avenue’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Avenue, its Vendors, third parties, or property.
5.9 Avenue respects copyright law and expects its Vendors to do the same. If you believe that any content on the Avenue Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
These Payments Terms constitute a legally binding agreement (“Agreement”) between you and Avenue Payments (as defined below) governing the Payment Services (defined below) conducted through or in connection with the Avenue Platform. The fee is set at 3% of the total booking.
6.1 In order to receive a Payout you must have a valid Payout Method linked to your Avenue Account. Avenue Payments will generally initiate Payouts to your selected Payout Method: (i) for Event-48 hours after deposit or initial payment is made (iii) for all other Vendor Services, at the time specified via the Avenue Platform. In certain instances, Avenue Payments may offer you a different time or trigger for payment. Any such alternative Payout option may be subject to additional terms and conditions.
6.2 Avenue may charge fees to Vendors ("Vendor Fees") and/or Guests ("Guest Fees") (collectively, "Service Fees") in consideration for the use of the Avenue Platform. Generally speaking, Avenue Payments will collect the Total Fees from a Guest at the time the Guest’s booking request is accepted by the vendor, or at any other time mutually agreed between the Guest and Avenue Payments.
6.3 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Vendor or Guest prior to publishing or booking a Listing. Avenue reserves the right to change the Service Fees at any time, and will provide Vendors adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
6.4 You are responsible for paying any Service Fees that you owe to Avenue. The applicable Service Fees (including any applicable Taxes) are collected by Avenue Payments. Avenue Payments will deduct any Vendor Fees from the Listing Fee before remitting the payout to the Vendor. Any Guest Fees are included in the Total Fees collected by Avenue Payments. Except as otherwise provided on the Avenue Platform, Service Fees are non-refundable.
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the Avenue Platform you must (i) provide complete and accurate information about your Vendor Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age,) and (iii) provide any other pertinent information requested by Avenue. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.
7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
7.1.4 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Vendor Services. Avenue reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.1.5 The placement and ranking of Listings in search results on the Avenue Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Vendor requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Vendor Service, and/or ease of booking. More information about the factors that determine how your Listing appears in search results can be found by emailing a system administrator
7.1.6 When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Vendor Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Vendor Fee and any applicable Taxes.
7.1.7 Avenue recommends that Vendors obtain appropriate insurance for their Vendor Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest has booked for, if applicable) while using your facility or participating in the Event or other Vendor Service.
7.2 Listing Accommodations
7.2.1 Unless expressly allowed by Avenue, you may not list more than one Venue per Listing.
7.2.2 If you choose to require a security deposit for your Venue, you must specify this in your Listing ("Security Deposit"). Vendors are not allowed to ask for a Security Deposit (i) after a booking has been confirmed or (ii) outside of the Avenue Platform.
7.2.3 You represent and warrant that any Listing you post and the booking of, or a Guest's use of, a Venue will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Vendor, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who attend or are otherwise present at the Venue at your request or invitation, excluding the Guest and any individuals the Guest invites to the Venue.
7.3 Listing Events and other Vendor Services
Hosts who list Experiences, Events and Host Services other than Accommodations agree to and are subject to these Terms
7.4 Co-Vendors
7.4.1 Avenue may enable Vendors to authorize other Members (“Co-Vendors”) to administer the Vendor’s Listing(s), and to bind the Vendor and take certain actions in relation to the Listing(s) as permitted by the Vendor, such as accepting booking requests, messaging and welcoming Guests, and updating the Listing Fee and calendar availability (collectively, “Co-Vendor Services”). Any agreement formed between Vendor and Co-Vendor may not conflict with these Terms, the Payments Terms, or any other Policies applicable to your Vendor Service(s). Co-Vendors may only act in an individual capacity and not on behalf of a company or other organization, unless expressly authorized by Avenue. Avenue reserves the right, in our sole discretion, to limit the number of Co-Vendors a Vendor may invite for each Listing and to limit the number of Listings a Co-Vendor may manage.
7.4.2 Vendors should exercise due diligence and care when deciding who to add as a Co-Vendor to their Listing(s). Vendors remain solely responsible and liable for any and all Listings and Vendor Content published on the Avenue Platform, including any Listing created by a Co-Vendor on their behalf. Further, Vendors remain responsible and liable for their own acts and omissions, including, but not limited to, conduct that causes harm or damage to the Co-Vendor(s). Co-Vendors remain responsible and liable for their own acts and omissions when engaging in their roles and responsibilities as a Co-Vendor, including, but not limited to, conduct that causes harm or damage to the Vendor. In addition, both Vendor and Co-Vendor are jointly responsible and severally liable for third party claims, including Guest claims, arising from the acts and omissions of the other person as related to hosting activities, communications with Guests, and the provision of any Co-Vendor Services.
7.4.3 Unless agreed otherwise by Vendor and Co-Vendor, Vendor and Co-Vendor may terminate the Co-Vendor agreement at any time. In addition, both Vendor and Co-Vendor acknowledge that their Co-hosting relationship will terminate in the event that Avenue(i) terminates the Co-Vendor service or (ii) terminates either party’s participation in the Co-Vendor service. When the Co-Vendor agreement is terminated, the Vendor will remain responsible for all of the Co-Vendor’s actions prior to the termination, including the responsibility to fulfill any pending or future bookings initiated prior to the termination. When a Vendor is removed as a Co-Vendor, that Vendor will no longer have access to any Vendor or Guest information related to the applicable Vendor’s Listing(s).
7.4.4 As a Co-Vendor, you will not be reviewed by Guests, meaning that your Co-Vendor activities will not affect your Reviews or Ratings for other Listings for which you are a Vendor. Instead, the Vendor of such Listing(s) will be reviewed by Guests (including potentially on the basis of the Co-Vendor’s conduct and performance). Vendors acknowledge that Reviews and Ratings from Guests for their Listing(s) may be impacted by a Co-Vendor’s conduct and performance.
8.1 Terms applicable to all bookings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by Avenue and/or the Vendor, you can book a Listing available on the Avenue Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Avenue Account.
8.1.2 Upon receipt of a booking confirmation from Avenue, a legally binding agreement is formed between you and your Vendor, subject to any additional terms and conditions of the Vendor that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Avenue Payments will collect the Total Fees at the time of the booking request or upon the Vendor’s confirmation pursuant to the Payments Terms. For certain bookings, Guests may be required to pay or have the option to pay in multiple installments.
8.1.3 Avenue may enable a Guest who is booking a Listing on behalf of one or more additional guests (the “Organizer”) to split the payment of the Total Fees for an eligible booking on a pro-rata basis between the Organizer and at least one other additional guest (each a “Co-Payer”) (the “Group Payment Service”). In order to participate in the Group Payment Service, each Co-Payer must have or register an Avenue Account prior to making a payment. All payments via the Group Payment Service are handled by Avenue Payments and are subject to the Terms of Service.
8.2 Booking Venues
8.2.1 You understand that a confirmed booking of a Venue (“Venue Booking”) is a limited license granted to you by the Vendor to enter, occupy and use the Venue for the duration of your Event, during which time the Vendor or Co-Vendor will be present to facilitate your use of the Venue.
8.2.2 You agree to leave the Venue no later than the checkout time that the Vendor specifies in the Listing or such other time as mutually agreed upon between you and the Vendor. If you stay past the agreed upon time without the Vendor’s consent (“Overstay”), you no longer have a license to use the Venue and the Vendor is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Vendor, for each hour period (or any portion thereof) that you Overstay, an additional fee of up to two (2) times the average Listing Fee originally paid by you to cover the inconvenience suffered by the Vendor, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Vendor to make you leave (collectively, "Overstay Fees"). Overstay Fees for late departures that do not impact upcoming bookings may be limited to the additional costs incurred by the Vendor as a result of such Overstay. If you Overstay at a Venue, you authorize Avenue (via Avenue Payments) to charge you to collect Overstay Fees. A Security Deposit, if required by a Vendor, may be applied to any Overstay Fees due for a Guest’s Overstay.
8.3 Booking Events and other Host Services
8.3.1 You should carefully review the description of any Event or Co-Vendor Service. At your sole discretion you may want to inform the Vendor of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in the Event. In addition, certain laws, like the minimum legal drinking age in the location of the Event or other Co-Vendor Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Event or other Co-Vendor Service.
8.3.2 Before and during an Event or other Co-Vendor Service you must at all times adhere to the Vendor’s rules and regulations for the Venue.
8.3.3 You may not bring any additional individuals to an Event or other Co-Vendor Service which causes the facility to exceed fire code capacity.
9. Booking Modifications, Cancellations and Refunds, Resolution Center
9.1 Vendors and Guests are responsible for any modifications to a booking that they make via the Avenue Platform or direct Avenue customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, Vendor Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
9.2 Guests can cancel a confirmed booking at any time pursuant to the Vendor’s cancellation policy set by the Vendor, and Avenue Payments will refund the amount of the Total Fees due to the Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Vendor under the applicable cancellation policy will be remitted to the Vendor by Avenue Payments pursuant to the Payments Terms.
9.3 If a Vendor cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking. Avenue may publish an automated review on the Listing cancelled by the Vendor indicating that a booking was cancelled. In addition, Avenue may impose a cancellation fee, unless the Vendor has a valid reason for cancelling the booking pursuant to Avenue’s Extenuating Circumstances Policy or has legitimate concerns about the Guest’s behavior.
9.4 For Events and other Co-Vendor Services, if weather poses a safety risk to Guests, or if it prevents a Vendor from carrying out an Event that takes place primarily outdoors, Vendors may cancel, reschedule, or change the location of the Event pursuant to the inclement weather policy of the Venue. Vendors may also cancel the Event if other conditions exist that would prevent the Vendor from offering the Venue safely.
9.5 In certain circumstances, Avenue may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds and payouts. This may be for reasons set forth in Avenue's Extenuating Circumstances Policy or (i) where Avenue believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Avenue, other Vendors, third parties or property, or (ii) for any of the reasons set out in these Terms.
9.6 If a Guest or Avenue cancels a confirmed booking, and the Guest receives a refund in accordance with the Guest Refund Policy or Extenuating Circumstances Policy, or the applicable cancellation policy set by the Vendor and mentioned in the Listing, after the Vendor has already been paid, Avenue Payments will be entitled to recover the amount of any such refund from the Vendor, including by subtracting such refund amount out from any future Payouts due to the Vendor.
9.7 Except as otherwise set out in these Terms, Members may use the Customer Service Center to send or request money for refunds, additional Vendor Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Customer Service Center in connection with your Avenue Account, and Avenue Payments will handle all such payments.
10.1 Within a certain timeframe after completing a booking, Guests and Vendors can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual customers and do not reflect the opinion of Avenue. Ratings and Reviews are not verified by Avenue for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Guests and Vendors must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and must comply with Avenue’s Content Policy and Extortion Policy.
10.3 Vendors are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Vendor.
10.4 Ratings and Reviews are part of a Vendor’s public profile and may also be surfaced elsewhere on the Avenue Platform (such as the Listing page).
11. Damage to Accommodations, Disputes
11.1 As a Guest, you are responsible for leaving the Venue (including any personal or other property located at the Venue) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Venue, excluding the Vendor (and the individuals the Vendor invites to the Venue, if applicable).
11.2 If a Vendor claims and provides evidence that you as a Guest have damaged Venue or any personal or other property at a Venue ("Damage Claim"), the Venue can seek payment from you through the Customer Service Center. If a Vendor escalates a Damage Claim to Avenue, you will be given an opportunity to respond. If you agree to pay the Vendor, or Avenue determines in its sole discretion that you are responsible for the Damage Claim, Avenue via Avenue payments will, after the end of your event, collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms. Avenue also reserves the right to otherwise collect payment from you and pursue any remedies available to Avenue in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Vendors.,.
12.1 As a Vendor you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, venue tax, tourist or other visitor taxes or income taxes ("Taxes").
12.2 Tax regulations may require us to collect appropriate Tax information from Vendors, or to withhold Taxes from payouts to Vendors, or both. If a Vendor fails to provide us with the required documentation under applicable law (e.g., a tax number) that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law, until resolution.
12.3 You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your Venue is located may require Taxes to be collected from Guests or Vendors on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Vendors, a set amount per day, or other variations, and are sometimes called "transient occupancy taxes," "venue taxes," "lodging taxes," "city taxes," "event taxes" or ("Occupancy Taxes").
12.4 In certain jurisdictions, Avenue may decide in its sole discretion to facilitate collection and remittance of Venue Taxes from or on behalf of Guests or Vendors, in accordance with these Terms ("Collection and Remittance") if such jurisdiction asserts Avenue or Vendors have a Venue Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize Avenue (via Avenue Payments) to collect Venue Taxes from Guests on the Vendor's behalf at the time Listing Fees are collected, and to remit such Venue Taxes to the Tax Authority. In other jurisdictions Avenue may decide in its sole discretion to collect Venue Taxes and remit such Taxes to eligible and qualifying Vendors, based on tax information supplied by the Vendor, for ultimate reporting and remittance by such Vendor to the Tax Authority (“Pass-Through Tax Feature”). Such Vendors using the Pass-Through Tax Feature will be solely responsible for informing Avenue about the correct Venue Tax amount to be collected from the Guest in accordance with applicable law and directly remitting the Occupancy Taxes to the relevant Tax Authority. Avenue does not assume any liability for the failure of a participating Vendor to comply with any applicable tax reporting or remittance obligations. The amount of Venue Taxes, if any, collected and remitted by Avenue will be visible to and separately stated to both Guests and Vendors on their respective transaction documents. Where Avenue is facilitating Collection and Remittance, Vendors are not permitted to collect any Venue Taxes being collected by Avenue relating to their Venues in that jurisdiction.
12.5Avenue reserves the right, with prior notice to Vendors, to cease the Collection and Remittance in any jurisdiction for any reason at which point Vendors and Guests are once again solely responsible and liable for the collection and/or remittance of any and all Venue/Sales Taxes that may apply to Events in that jurisdiction.
13.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Avenue Platform. In connection with your use of the Avenue Platform, you will not and will not assist or enable others to:
13.2 You acknowledge that Avenue has no obligation to monitor the access to or use of the Avenue Platform by any Vendor or to review, disable access to, or edit any Vendor Content, but has the right to do so to (i) operate, secure and improve the Avenue Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Vendor’s compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Vendor Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Vendors agree to cooperate with and assist Avenue in good faith, and to provide Avenue with such information and take such actions as may be reasonably requested by Avenue with respect to any investigation undertaken by Avenue or a representative of Avenue regarding the use or abuse of the Avenue Platform.
13.3 If you feel that any Vendor you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Avenue by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
14. Term and Termination, Suspension and other Measures
14.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Avenue terminate the Agreement in accordance with this provision.
14.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Avenue Account as a Vendor, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
14.3 Without limiting our rights specified below, Avenue may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
14.4 Avenue may immediately, without notice, terminate this Agreement and/or stop providing access to the Avenue Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Avenue believes in good faith that such action is reasonably necessary to protect the personal safety or property of Avenue, its Vendors, or third parties (for example in the case of fraudulent behavior of a Vendor).
14.5 In addition, Avenue may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payment Terms, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Avenue Account registration, Listing process or thereafter, (iv) you and/or your Listings or Vendor Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Avenue otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Avenue believes in good faith that such action is reasonably necessary to protect the personal safety or property of Avenue, its Vendors, or third parties, or to prevent fraud or other illegal activity:
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Avenue and an opportunity to resolve the issue to Avenue’s reasonable satisfaction.
14.6 If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
14.7 When this Agreement has been terminated, you are not entitled to a restoration of your Avenue Account or any of your Vendor Content. If your access to or use of the Avenue Platform has been limited or your Avenue Account has been suspended or this Agreement has been terminated by us, you may not register a new Avenue Account or access and use the Avenue Platform through an Avenue Account of another Vendor.
14.8 Sections 5 and 16 to 22 of these Terms shall survive any termination or expiration of this Agreement.
If you choose to use the Avenue Platform or Collective Content, you do so voluntarily and at your sole risk. The Avenue Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Avenue Services, laws, rules, or regulations that may be applicable to your Listings and/or Host Services you are receiving and that you are not relying upon any statement of law or fact made by Avenue relating to a Listing.
If we choose to conduct identity verification or background checks on any Vendor, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Vendor or guarantee that a Vendor will not engage in misconduct in the future.
You assume full responsibility for the choices you make before, during and after your participation in a Event. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Event and to the maximum extent permitted by law, you agree to release and hold harmless Avenue from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Event.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Avenue Platform and Collective Content, your publishing or booking of any Listing via the Avenue Platform, your participation in any Event or use of any other Vendor Service, or any other interaction you have with other Vendors whether in person or online remains with you. Neither Avenue nor any other party involved in creating, producing, or delivering the Avenue Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Avenue Platform or Collective Content, (iii) from any communications, interactions or meetings with other Vendors or other persons with whom you communicate, interact or meet with as a result of your use of the Avenue Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Vendor Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Avenue has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Vendors pursuant to these Terms, in no event will Avenue’s aggregate liability arising out of or in connection with these Terms and your use of the Avenue Platform including, but not limited to, from your publishing or booking of any Listings via the Avenue Platform, or from the use of or inability to use the Avenue Platform or Collective Content and in connection with any Event, other Host Service, exceed the amounts you have paid or owe for bookings via the Avenue Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by Avenue to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Avenue and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
To the maximum extent permitted by applicable law, you agree to release, defend (at Avenue’s option), indemnify, and hold Avenue and its affiliates and subsidiaries, including but not limited to, Avenue Payments, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Avenue Platform or any Avenue Services, (iii) your interaction with any Vendor, participation in an Event or other Vendor Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use, (iv) Avenue’s Collection and Remittance of Sales Taxes, or (v) your breach of any laws, regulations or third party rights.
18. Dispute Resolution and Arbitration Agreement
18.1 This Dispute Resolution and Arbitration Agreement shall apply if your (i) country of residence or establishment is in the United States.
18.2 If a dispute arises out of or relates to this contract, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Avenue Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Avenue Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
20. Applicable Law and Jurisdiction
If your country of residence or establishment is the United States, these Terms will be interpreted in accordance with the laws of the State of Tennessee and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 19 must be brought in state or federal court in Tennessee unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Tennessee.
21.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Avenue and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Avenue and you in relation to the access to and use of the Avenue Platform.
21.2 No joint venture, partnership, employment, or agency relationship exists between you and Avenue as a result of this Agreement or your use of the Avenue Platform.
21.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
21.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
21.5 Avenue’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
21.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Avenue's prior written consent. Avenue may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
21.7 Unless specified otherwise, any notices or other communications to Vendors permitted or required under this Agreement, will be provided electronically and given by Avenue via email, Avenue Platform notification, or messaging service (including SMS and WeChat).
21.8 If you have any questions about these Terms please email us.
Inclusion – We welcome guests of all backgrounds with authentic hospitality and open minds. Joining Avenue, as a vendor means becoming part of a community of inclusion. Bias, prejudice, racism, and hatred have no place on our platform or in our community. While hosts are required to follow all applicable laws that prohibit discrimination based on such factors as race, religion, national origin we commit to comply with the requirements established by law also.
Respect – We are respectful of each other in our interactions and encounters. Avenue appreciates that local laws and cultural norms vary around the world and expects hosts and guests to abide by local laws, and to engage with each other respectfully.
23.1 INTRODUCTION
Thank you for using Avenue! Your trust is important to us and we’re committed to protecting the privacy and security of your personal information. The information that’s shared with us helps us to provide a great experience with Avenue. We have a dedicated privacy team that’s committed to protecting all the personal information we collect and help ensure that personal information is handled properly.
This Privacy Policy describes how we collect, use, process, and disclose your personal information, in conjunction with your access to and use of the Avenue Platform and the Payment Services. This privacy policy describes our privacy practices for all websites, platforms and services that link to it. Please read the privacy policy on the applicable site.
23.2 Advertising and Social Media; Sharing With Your Consent.
Where you have provided consent, we share your information, including personal information, as described at the time of consent, such as when you authorize a third party application or website to access your Avenue Account or when you participate in promotional activities conducted by Avenue partners or third parties.
Where permissible according to applicable law we may use certain limited personal information about you, such as your email address, to hash it and to share it with social media platforms, such as Facebook or Google, to generate leads, drive traffic to our websites or otherwise promote our products and services or the Avenue Platform. These processing activities are based on our legitimate interest in undertaking marketing activities to offer you products or services that may be if your interest.
The social media platforms with which we may share your personal information are not controlled or supervised by Avenue. Therefore, any questions regarding how your social media platform service provider processes your personal information should be directed to such provider.
Please note that you may, at any time ask Avenue to cease processing your data for these direct marketing purposes by sending an e-mail to miranda.kemp@avenven.com.