Website Terms & Conditions Of Use
AGREEMENT TO TERMS AND CONDITIONS
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (also “you”) and Freedom USA Inc., dba AVADirect Custom Computers (also “AVADirect,” “we,” “us,” or “our”), concerning your access to and use of AVADirect’s Website (or “this Website”) as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected to this Website. By using this Website you confirm that you have the authority to enter into agreements on behalf of yourself or any entity you represent. You also agree that, by accessing this Website, you have read, understood, and agree to be bound by all of these Terms and Conditions and the provisions herein. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using this Website and you must discontinue use immediately.
It is your responsibility to review these Terms and Conditions carefully. Particularly, the language in ALL CAPS. You are also responsible for monitoring this Website for, and reviewing, any updates or revisions to these Terms and Conditions. You will be subject to, and be deemed to have been made aware of and accepted, any updates or revisions by your continued use of this Website after the date they are posted.
Supplemental terms and conditions, or documents, that may be posted on this Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.
The information provided on this Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where it would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access this Website from other locations do so on their own initiative and are solely responsible for compliance with state, federal, and local laws.
1. Use of the Website
You agree not to use this Website for any action or communication that is unlawful, , false, misleading, intimidating, threatening, harassing, defamatory, obscene, indecent, infringing, unsolicited and commercial, soliciting the performance of any illegal activity, infringing upon the rights of AVADirect or any third party, or otherwise prohibited by these Terms and Conditions.
You agree not to interfere, or attempt to interfere, with the operations of this Website or to use any device or software that will interfere, or attempt to interfere, with the operations of this Website. You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Website or any systems or networks connected thereto . You agree not to distribute in any medium any part of this Website or use any part of it for commercial use except as authorized by these Terms and Conditions. You agree not to alter or modify, or attempt to alter or modify, any part of this Website. AVADirect may, in its sole discretion, monitor or review discussions, chats, postings, transmissions, bulletin boards, and other elements of this Website, but AVADirect is under no obligation to do so and does not assume any responsibility or liability arising from same.
You agree not to probe or test the vulnerability of this Website or any network connected thereto . Nor shall you breach the security or authentication measures on this Website or any network connected thereto . You agree not to take actions to seek or discover the information of other users of this Website or of AVADirect’s customers. You agree not to attempt to gain unauthorized access to any portion of this Website or any systems or networks connected to thereto. You agree not to interfere or attempt to interfere with the use of this Website by other users.
The material on this Website may contain inaccuracies or typographical or other errors. AVADirect makes no representations about the accuracy, reliability, completeness, or timeliness of the material on this Website. Use of this Website and any information contained therein is at your own risk.
2. User Submissions to the Website
Any communication which you post or submit to this Website is considered to be non-confidential and public. 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 this 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 this Website, including user profiles and other content submitted by users.
3. User Accounts and Security
As a user of this 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 it. You shall not reveal anyone else’s Account information to anyone and you should not reveal your Account information to anyone, except your authorized representatives. You are entirely responsible for all activities that occur on or through your Account, and 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 regarding and/or related to 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 written permission; (iii) if we suspend or close your account, you will not create another one without written 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.
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 all related fees (including sales), 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
By using this Website, you confirm that you have the authority to make transactions electronically on behalf of yourself or any entity you represent .
YOU ACKNOWLEDGE THAT YOUR ELECTRONIC TRANSACTIONS, SIGNATURES, AND 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 APPLICABLE NOTICES (INCLUDING CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS).
7. Disclaimers and Limitations on Liability.
AVADIRECT DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT IT 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 THIS WEBSITE, AND OF THE CONTENT CONTAINED THEREIN, RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, AVADIRECT IS NOT RESPONSIBLE FOR ANY RELATED COSTS.
AVADIRECT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, FOR SERVICES, SOFTWARE, HARDWARE, PRODUCTS, SALES, AND SERVICES. ALL SUCH ITEMS ARE SOLD “AS IS.” THIS INCLUDES ALL IMPLIED WARRANTIES INCLUDING (BUT NOT LIMITED TO) TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE). AVADIRECT ALSO MAKES NO WARRANTY THAT THE USE OF MATERIAL OR CONTENT DISPLAYED ON THIS WEBSITE WILL NOT INFRINGE UPON THE RIGHTS OF THIRD PARTIES NEITHER OWNED BY NOR AFFILIATED WITH AVADIRECT. NOR IS AVADIRECT LIABLE FOR ANY FAILURE, MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THIS WEBSITE OR ANY CONTENT, FEATURE, PRODUCT, OR SERVICE OFFERED THROUGH THIS WEBSITE.
IN NO EVENT SHALL AVADIRECT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE (BEYOND THE REMEDIES SPECIFIED IN THESE TERMS AND CONDITIONS) FOR ANY, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES. THIS INCLUDES (BUT IS NOT LIMITED TO) LOST DATA, WAGES, PROFIT, OR INCOME, ARISING OUT OF THE USE, OR THE INABILITY TO USE, ANY PORTION OF THIS WEBSITE. YOU AGREE THAT THERE IS NO SUCH LIABILITY EVEN IN THE EVENT THAT AVADIRECT IS NOTIFIED BEFOREHAND OF THE POSSIBILITY OF DAMAGES. YOU ALSO AGREE THAT THE LIABILITY, IF ANY, OF AVADIRECT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ITS AFFILIATES ARISING OUT OF ANY LEGAL CLAIM CONNECTED TO THIS WEBSITE IS LIMITED TO THE AMOUNT YOU PAID AVADIRECT TO USE THIS WEBSITE OR ITS SERVICES.
Note: Some of the provisions set forth in this section may be limited or restricted by certain jurisdictions.
8. 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 conduct, misconduct, violation of the law, use, or misuse of this Website and/or your breach of these Terms and Conditions.
9. Copyrights and Trademarks
This 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 this 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 this 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 this Website are trademarks of AVADirect. No license or right to use any trademark contained on this Website is granted to you and any use of any such mark contained on this Website is expressly prohibited unless you obtain the prior written authorization to use such trademark from AVADirect or such other third party holder of the trademark. If you have a specific question related to the trademarks on this Website or a request for the use of such trademarks, please direct your inquires here.
10. Privacy
Except as otherwise expressly provided for in these Terms, your use of this Website, or any provision or information, therein, is subject to AVADirect’s Privacy Policy, which is hereby expressly incorporated by reference into these Terms and Conditions.
11. Third Party Websites
This 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 this 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 this Website does not mean, nor should it be construed to mean, that such website is affiliated with AVADirect, unless such affiliation is specifically stated in writing. AVADirect makes no representations or warranties, or assumes any responsibility with regard to any other website that you may access through this Website.
12. 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) the failure to make any payment due, failure to provide accurate and complete registration data, failure to safeguard your Account information, a violation of these Terms and Conditions, or an infringement or other violation of third parties' rights, AVADirect, in 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 this Website (or any part thereof).
13. Governing Law and Dispute Resolution.
Governing Law and Venue.
Any disputes arising out of, or related to, the use of this Website, these Terms and Conditions, and/or Freedom USA Inc., dba AVADirect Custom Computers (“AVADirect”), will be construed and governed in accordance with the laws of the State of Ohio, without regard to its conflict of laws principles.
Arbitration.
Any dispute, controversy, or claim (“claim”) arising out of, or related to, this Website, webpages, or these terms and conditions shall be submitted to non-appealable 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 Twinsburg, 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.
14. Waiver Of Jury Trial
You waive any right to a jury trial in a dispute concerning, or related to, this Website, these Terms and Conditions, and/or AVADirect. This includes any right vested by federal, state or local law or statute.
15. Waiver Of Class Action Claims
You agree to waive any and all rights to (i) any dispute concerning this Website, these Terms and Conditions, and/or AVADirect being filed, or handled, as a class or collective action and/or (ii) joining as a plaintiff, claimant, member or participant in any class action or collective against AVADirect.
16. 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.
17. Entire Agreement
This Agreement contains the entire understanding of the Parties regarding the subject matter of this Agreement and supersedes all prior and/or contemporaneous negotiations and agreements, whether written or oral, between the Parties with respect to the subject matter of this Agreement.
18. 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
19. 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/or to provide feedback.