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Terms of Service  

AVS FORUM TERMS OF SERVICE

Last Updated Date: [10/23/12]

Welcome to the AVS Forum (“AVS”) website, accessible at avsforum.com (the “Site”), a member of the community of websites hosted on the Huddler, Inc. (“Huddler”) platform (see www.huddler.com). Please read carefully the following terms and conditions (“Terms”) and our Privacy Policy, which may be found at http://www.avsforum.com/a/privacy-policy and which is incorporated herein by reference. These Terms govern your access to and use of the Site, any services provided through the Site (the “Services”), and Collective Content (defined below), and constitute a binding legal agreement between you and AVS.

Key Content-related Terms

“Collective Content” means, collectively, AVS Content and Member Content.

“Content” means text, graphics, images, music, software, audio, video, information or other materials.

“Member” means a person who completes AVS’s account registration process, as described under the “Account Registration” section below.

“Member Content” means Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Services.

“AVS Content” means Content that AVS makes available through the Site or Services, including any Content licensed from a third party, but excluding Member Content.

Certain areas of the Site (and your access to or use of certain Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Collective Content, as applicable.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES, OR BY DOWNLOADING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED ON OR THROUGH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification
AVS reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site or Services.

Eligibility
The Site and Services are intended solely for persons who are 13 or older. Any access to or use of the Site or Services by anyone under 13 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 13 or older.

Account Registration
In order to access certain features of the Site or Services and to post any Member Content on the Site or through the Services you must register to create an account (“Account”) and become a Member. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. AVS reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify AVS of any unauthorized use of your Account.

Privacy
See AVS’s Privacy Policy at www.avsforum.com/a/privacy-policy for information and notices concerning the collection, use and disclosure of your personal information by AVS and by Huddler.

Ownership
The Site, Services and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of AVS and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Collective Content.

Licenses Granted by AVS to AVS Content and Member Content
Subject to your compliance with the terms and conditions of these Terms, AVS grants you a limited, non-exclusive, non-transferable license to (i) view, download and print any AVS Content and (ii) to view any Member Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services or Collective Content, except 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 AVS or its licensors, except for the licenses and rights expressly granted in these Terms.

License granted by Member
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site or Services, you hereby grant to AVS a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Member Content only on, through or by means of the Site or Services. AVS does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to AVS and to the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or AVS’s use of the Member Content (or any portion thereof) on, through or by means of the Site or Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Copyright Policy
AVS respects copyright law and expects its users to do the same. It is AVS’s policy to terminate in appropriate circumstances Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site or Services (“Feedback”). You may submit Feedback by emailing us at feedback@avsforum.com or through the Contact Us section of the Site. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Community Guidelines
AVSForum is designed for members to express their opinions, viewpoints and testimonials on various products, services and events based upon speculation, personal knowledge and factual information through use, therefore all views represented here allow no liability upon the publishers of this web site and the owners of said views assume no liability for any ill will resulting from these postings. The posts made here are for educational as well as entertainment purposes and as such anyone viewing this portion of the website must accept these views as statements of the author of that opinion and agrees to release the authors from any and all liability.

You agree, through your use of this service, that you will not use this forum to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violate of any law. You agree not to post any copyrighted material unless the copyright is owned by you or by this forum.

You agree not to use this forum to accuse anyone; any company or any product of being "stupid" or a "fraud" or to use a term like "snake oil" to describe a particular product, as such terms may be viewed as defamatory and abusive.

If you see a problematic post, use the "Report Post" system as designed to alert staff members. Never quote or respond to problematic posts yourself as you then become part of the problem.

Although this forum does not and cannot review all the messages posted and is not responsible for the content of any of these messages, we at this forum reserve the right to delete any message for any or no reason whatsoever. You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless this AVSForum, Huddler Inc., and their agents with respect to any claim based upon transmission of your message(s).

AVSForum is designed for members to express their opinions, viewpoints and testimonials on various products, services and events based upon speculation, personal knowledge and factual information through use, therefore all views represented here allow no liability upon the publishers of this web site and the owners of said views assume no liability for any ill will resulting from these postings. The posts made here are for educational as well as entertainment purposes and as such anyone viewing this portion of the website must accept these views as statements of the author of that opinion and agrees to release the authors from any and all liability. Also do not "bump" threads as it is not a kind thing to do.

Special Note to dealers, re-sellers, or any person or company that deals in equipment or products for sale. AVS Forum does provide structured opportunities for community engagement by dealers and manufacturers. Please contact advertise@avsforum.com for more information.

Reverse engineering and/or materials analysis of audio and home theater components/accessories parts thereof, whether patented or unpatented, shall not be discussed on these forums. You are free to discuss objective test measurements, findings and opinions and subjective opinions. This does not include "Open Source" items. This is necessary to avoid legal complications and to encourage industry and manufacturer participation in these forums.

Members are not allowed to register more than one user name on the site. In doing so your accounts can be removed without notice with all posts removed.

RULES ENFORCEMENT: You further understand that AVSForum staff and it's volunteer moderators have the final say when it comes to post removals or edits. We make every effort to reach an understanding when dealing with posts that need to be removed or edited. If you have an issue with a volunteer moderator, or a choice made by them, you are asked to bring it to a site administrator’s attention to look into and handle. THE SITE ADMINISTRATORS and OWNERS have the final say. Please respect that the volunteer moderators are just that, volunteers. They give their time to help make AVSForum sites a great place to visit.

PLEASE: We ask you to please NOT display your e-mail in your signature of the site. We do this to limit the attraction to e-mail spamming robot collectors.

"Publicly accessible" areas of the Service are those areas of the AVSForum network of properties that are intended by AVSForum to be available to the general public. By way of example, publicly accessible areas of the Service would include AVSForum Message Boards that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of AVSForum that are limited to members. The use of the the Private Messaging Service is not “Private” in the sense that it is a message seen only by the sender and receiver. While the message is private from the rest of the members, it is not encrypted and the administration of AVSForum.com, Inc. can view them if needed. All rules that apply to posting on the Forums ALSO apply to the use of our Private Messaging System and violators may have their posting privileges subject to the same revocations as on the Forum in general.

AVS’ Ten commandments


1. Thou shalt remember that the vast majority of the posters on this forum are not employees or in any way affiliated with the manufactures on this site or even the AVS Forum, but are in fact unpaid volunteers who donate hours of their time to provide information and assistance out of the goodness of their hearts, and without recompense.

2. Thou shalt not abuse, insult, harangue, blame, or take your anger out on same when you are experiencing equipment or software problems, or we don't know the answer to your question.

3. Thou shalt remember that polite queries will elicit polite and helpful responses, likewise, that ranting and raving, bashing, and insults will prompt commensurate responses. Ye shall reap what ye sow.

4. Thou shalt remember that all other moderators are unpaid volunteers, who have freely accepted the responsibility of assisting in keeping this Forum organized and bash-free. They are not required to take bad behavior or insults by virtue of their voluntary position.

5. Thou shalt not insult, berate, or comment upon anything personal to do with employees of manufactures who happens to post on this forum. These members most likely are not personally responsible for whatever is bothering you, and they works a great deal harder than many of us to try to assist those in need.

6. Thou shalt remember that although we pride ourselves on our collective ability to provide multiple responses to questions and problems very rapidly, we do all have jobs, and sometimes the demands of paid employment make quick responses impossible. Please bear with us.

7. Thou shalt remember that we love to help out, so please don't be shy and feel free to ask any question (after checking the FAQ first), regardless of how silly you may feel asking it, and we'll be happy to help. If you don't understand the FAQ information, let us know, and we'll be happy to clarify any confusion you may have. (If an FAQ is available for your topic area.)

8. Thou shalt remember to post and let us know if your problem has been resolved, or if you are having any further difficulties.

9. For newbies, Thou shalt post and let us know how everything is going with your new equipment, how you like it, and whether you're having any problems or don't understand all the functions.

10. Above all, Thou shalt care for, cherish, protect and thoroughly enjoy your equipment!!!"
AVSForum.com, Inc. reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these rules, at any time and without prior notice. By continuing to access or use the Site or Services, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site or Services.



General Prohibitions
You agree not to do any of the following:
  • Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
  • Use, display, mirror or frame the Site, or any individual element within the Site or Services, AVS, any AVS trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without AVS’s express written consent;
  • Access, tamper with, or use non-public areas of the Site, AVS’s computer systems, or the technical delivery systems of AVS’s providers;
  • Attempt to probe, scan, or test the vulnerability of any AVS system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by AVS or any of AVS’s providers or any other third party (including another user) to protect the Site, Services or Collective Content;
  • Attempt to access or search the Site, Services or Collective Content or download Collective Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by AVS or other generally available third party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a AVS trademark, logo URL or product name without AVS’s express written consent;
  • Use the Site, Services or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Services;
  • Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.
  • AVS will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. AVS may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that AVS has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. AVS reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that AVS, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site or Services.


Links
The Site or Services may contain links to third-party websites or resources. You acknowledge and agree that AVS is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by AVS of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.

Termination and Account Cancellation
If you breach any of these Terms, AVS will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. AVS reserves the right to revoke your access to and use of the Site, Services and Collective Content at any time, with or without cause. In the event AVS terminates these Terms for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by sending an email to support@avsforum.com You acknowledge and agree that AVS reserves the right to retain any and all Content that you post, upload, submit, post or transmit to the Site or Service, notwithstanding any suspension, disabling or cancellation of your Account or termination of these Terms.

Disclaimers
THE SITE, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AVS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. AVS MAKES NO WARRANTY THAT THE SITE, SERVICES OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. AVS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AVS OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnity
You agree to defend, indemnify, and hold AVS, its 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 your access to or use of the Site, Services or Collective Content, or your violation of these Terms.

Limitation of Liability
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 SITE, SERVICES AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER AVS NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES 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 THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AVS 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.

IN NO EVENT WILL AVS’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AVS 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.

Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of AVS used herein are trademarks or registered trademarks of AVS. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between AVS and you regarding the Site, Services and Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between AVS and you regarding the Site, Services and Collective Content.

Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without AVS’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. AVS may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by AVS: (i) via email (in each case to the address that you provide); or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Dispute Resolution
You and AVS agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and AVS are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and AVS otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/si.asp?id=3477 and a separate form for California residents at www.adr.org/si.asp?id=3485.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure. Unless you and AVS otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and AVS submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. AVS will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, AVS will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes. Notwithstanding the provisions of the “Modification” section above, if AVS changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to support@avsforum.com within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of AVS’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and AVS in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General
The failure of AVS to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of AVS. 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. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting AVS
If you have any questions about these Terms, please contact AVS by clicking on www.avsforum.com/feedback.
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