Website Terms & Conditions Of Use

2. User Submissions to the Website

Any communication which you post or submit to the Website is considered to be non-confidential and public. You retain all intellectual property ownership of your submissions. By posting communications to the Website, you automatically grant AVADirect a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

You hereby represent and warrant that you are the sole author of any content (including advertisements) you post or submit to the Website, and that such content does not infringe upon the copyright or other intellectual property rights of any person or entity.

AVADirect reserves the right to modify, edit, or delete any content on the Website, including user profiles and other content submitted by users.

3. User Accounts and Security

As a user of the Website, you may receive or establish an account (“Account”). You may give administrative access to an Account to up to four authorized representatives; however, you are solely responsible for choosing and designating your authorized representatives and maintaining the confidentiality and security of your Account, including all information necessary to access your Account. You should not reveal your Account information to anyone except your authorized representatives or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify AVADirect of any unauthorized use of your Account or any other breach of security. AVADirect shall not be responsible for any claims, obligations, liabilities, costs, debt, expenses, losses, damages, charges, fees, or fines, including legal fees, accounting fees, business interruption damages, lost profits, and punitive, incidental, special, or consequential damages arising out of the authorized or unauthorized use of your Account, whether arising as a contract, negligence, tort, or other action.

In order to maintain the integrity of the account information on AVADirect, you agree that: (i) you will not provide any false company or personal information on AVADirect; (ii) you will not create an account for anyone other than your company, or yourself, without permission; (iii) if we suspend or close your account, you will not create another one without permission; (iv) you will keep your contact information accurate and up-to-date; and (v) you will not transfer your account (including any page you administer) to anyone without first getting our written permission. collects this information:

4. Purchases

All purchases of goods and services are subject to AVADirect’s Terms and Conditions of Sale, which are hereby expressly incorporated by reference into these Terms and Conditions.

5. Right to Change Prices, Features, and Availability of Products and Services

Prices (including the calculation of sales fees) features, and availability of products, services, or offers are subject to change at any time at AVADirect’s sole discretion.

6. Electronic Signatures and Contracts

Your use of the Website includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

7. Limitations on Liability

The material on the Website may contain inaccuracies or typographical or other errors. AVADirect makes no representations about the accuracy, reliability, completeness, or timeliness of the material on the Website. Use of the Website and any information contained therein is at your own risk. The content of the Website may or may not be periodically updated or revised at any time. These Terms and Conditions shall apply with equal force to any and all such updates or revisions.

AVADIRECT DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR COMPUTER CODE THAT MAY BE TRANSFERRED TO YOUR COMPUTER WHEN DOWNLOADED. IF YOUR USE OF THE WEBSITE AND OF THE CONTENT CONTAINED THEREIN RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, AVADIRECT IS NOT RESPONSIBLE FOR THOSE COSTS.

The Website and its content are delivered on an “as-is” basis. AVADirect reserves the right to change or discontinue any or all content or features of the Website or services offered through the Website without notice.

AVADIRECT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE. YOU AGREE THAT AVADIRECT WILL NOT BE LIABLE FOR ANY FAILURE, MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE WEBSITE OR OF ANY CONTENT, FEATURE, PRODUCT, OR SERVICE OFFERED THROUGH THE WEBSITE.

AVADirect makes no warranty that the use of material or content displayed on the Website will not infringe upon the rights of third parties neither owned by nor affiliated with AVADirect.

8. Disclaimer of Damages

IN NO EVENT SHALL AVADIRECT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE ANY PORTION OF THE WEBSITE. YOU AGREE THAT THERE IS NO SUCH LIABILITY EVEN IN THE EVENT THAT AVADIRECT IS NOTIFIED BEFOREHAND OF THE POSSIBILITY OF DAMAGES. YOU AGREE THAT THE LIABILITY, IF ANY, OF AVADIRECT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ITS AFFILIATES ARISING OUT OF ANY LEGAL CLAIM CONNECTED TO THE WEBSITE IS LIMITED TO THE AMOUNT YOU PAID AVADIRECT TO USE THE WEBSITE OR ITS SERVICES.

Some States do not allow such limitations of damages for certain legal categories, so the above limitation or exclusion may not apply to you or may be limited as per the laws and regulations of your State.

9. Indemnity

You agree to indemnify, defend and hold harmless AVADirect, its officers, directors, employees, agents and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses including, but not limited to, legal and accounting fees, resulting from your use or misuse of the Website and/or your breach of these Terms and Conditions.

10. Copyrights and Trademarks

The Website is owned and operated by AVADirect. Unless otherwise specified, our website contains materials and information, in various formats, including, but not limited to, images, illustrations, photographs, graphs, messages, videos, audio, software, data, and text that are the sole property of AVADirect, ALL RIGHTS RESERVED. The copyright and other proprietary rights and interests in all of this information are owned by AVADirect, our affiliates, or someone who has granted AVADirect a license to use the information or materials. You may view, download, print, and retain a copy of pages of the Website only for your personal use. Except as expressly authorized in these terms and conditions, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribution any information from the Website in whole or in part without our prior written consent. Requests for any such consent should be directed here.

The trademarks, service marks, and logos displayed on the Website are registered and common-law trademarks of AVADirect and others. No license or right to use any trademark contained on the Website is granted to you and any use of any such mark contained on the Website is expressly prohibited unless you obtain the prior written authorization to use such mark from AVADirect or such other third party holder of the mark. If you have a specific question related to the marks on the Website or a request for the use of such marks, please direct your inquires here.

11. Privacy

Except as otherwise expressly provided for in these Terms, your use of the Website and provision of any information is subject to AVADirect’s Privacy Policy, which is hereby expressly incorporated by reference into these Terms and Conditions.

12. Third Party Websites

The Website may contain links to other websites, which may or may not be controlled, operated, affiliated or hosted by AVADirect. Certain links are provided on the Website in order to provide visitors to our site with other points of interest or connections to our partners via the internet; the inclusion of any such link(s) on the Website does not mean nor should it be construed to mean such website is affiliated with AVADirect, unless such affiliation is specifically stated. We make no representations or warranties, nor do we assume any responsibility with regard to any other website that you may access through the Website.

13. Termination

If you fail, or if AVADirect suspects that you have failed, to comply with any of the provisions of these Terms and Conditions, including but not limited to failure to make payment of fees due, failure to provide accurate and complete registration data, failure to safeguard your Account information, violation of these Terms and Conditions, or infringement or other violation of third parties' rights, AVADirect, at its sole discretion, without notice to you may: (i) terminate your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude your or any user's access to the Website (or any part thereof).

AVADirect reserves the right to modify, suspend, or discontinue the Website (or any part or content thereof) at any time with or without notice to you, and AVADirect will not be liable to you or to any third party should it exercise such rights.

14. Dispute Resolution

Any dispute, controversy, or claim (“claim”) arising out of, or related to, the website, webpages, or these terms and conditions shall be submitted to nonappealable arbitration by one arbitrator in accordance with the rules of the American Arbitration Association (“AAA”). Any such claim shall be governed by, and construed in accordance with, the laws of the State of Ohio, without regard to its conflict of laws principles. The place of arbitration will be Cleveland, Ohio, and each party agrees to waive any defense or claim of lack of personal jurisdiction, the inappropriateness of venue, or forum non conveniens.

All submissions to arbitration shall be made within forty-five (45) days of the date upon which the controversy to be arbitrated arose. The arbitration shall be conducted before a sole arbitrator, and under no circumstance shall punitive damages be awarded in the arbitration. Any award rendered in such arbitration proceedings shall be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction.

15. Waiver Of Jury Trial

The Parties waive any right to a jury trial in a dispute concerning the Website, these Terms and Conditions, and/or AVADirect. This includes any right vested by federal, state or local statutes.

16. Waiver Of Class Action Claims

The Parties agree to waive any and all rights to (i) any dispute concerning the Website, these Terms and Conditions, and/or AVADirect being filed, or handled, as a class action and (ii) joining as a plaintiff, claimant, member or participant in any class action against AVADirect.

17. No waiver.

The failure of either party to enforce any of the terms, conditions, or provisions of this agreement, shall not be construed to be a waiver of them in any way to affect this agreement’s validity or affect a party’s right to enforce them. Nor does it constitute a waiver of any future obligation to comply with such term, condition or provision.

18. Entire Agreement

This Agreement contains the entire understanding of the Parties regarding the subject matter of this Agreement and supersedes all prior and contemporaneous negotiations and agreements, whether written or oral, between the parties with respect to the subject matter of this Agreement.

19. Contact/Address for Legal Notice

All questions, comments and legal notices should be submitted to:

2045 Midway Drive
Twinsburg, OH 44087
Phone: 866-766-4629
Phone: 216-503-6374

Last Revised: September 9, 2016.

20. Accessibility Policy

AVADirect is committed to making our website accessible for all customers, including those with disabilities.
Consistent with this goal, we have taken several steps to enhance our site and increase its usability by those who access the web using assistive technology. Our efforts are guided by the Web Content Accessibility Guidelines, version 2.1, Level AA (WCAG 2.1 AA). We will continue to enhance our digital properties to deliver accessible experiences.
If you have trouble accessing our website content, reach out to our Customer Service at 1-866-766-4629 for assistance and to provide feedback.