Terms of Use

AMAVI ATELIER - TERMS OF USE

Last Updated: April 2024 We ask that you read these Terms of Use (this "Agreement") very carefully. This Agreement is between you and Amavi Atelier ("Amavi" or "we" or “us”) concerning your use of (including any access to) the Amavi Sites (as such term is defined below). Your use of the websites currently found at https://www.amaviatelier.com and any of our other websites that may link to this Agreement (together with any materials and services available therein, and successor site(s) thereto, all being the "Sites"), and any mobile software applications made available to you from time to time and which contain a link to this Agreement (together with any materials and services available therein, and successor applications(s) thereto, all the "Apps", and, collectively, the Sites and Apps are referred to in this Agreement as the "Amavi Sites"), means you consent to the terms and conditions of this Agreement. We may add, change or remove terms and conditions to this Agreement when posted by Amavi through the Amavi Sites, or otherwise made available to you by Amavi. Your use of the Amavi Sites is governed by this Agreement regardless of how you access the Amavi Sites. BY USING THE Amavi SITES, YOU AFFIRM TO US THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. IF YOU ARE USING THE Amavi SITES ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, THEN YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION, THAT IS DESCRIBED IN SECTION 17 BELOW, AND REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
  1. Changes.  Changes to this Agreement are effective on the "Last Updated" date indicated above. Your use of the Amavi Sites following any changes to this Agreement will constitute your acceptance of such changes. We may, at any time and without liability, modify or discontinue all or part of the Amavi Sites (including access via any third-party links); charge, modify or waive any fees required to use the Amavi Sites; or offer opportunities to some or all users.
  2. Information Submitted Through the Amavi Sites.You recognize that we collect certain of your personal information you submit to use through the Amavi Sites, and subject to our Privacy Policy. The Amavi Privacy Policy may be found at https://www.Amaviatelier.com/ privacy-policy(the "Privacy Policy"). You affirm that any information you provide to us is and will remain accurate and complete, and that you will maintain and update such information as needed.
  3. Jurisdictional Issues. We operate the Amavi Sites from Canada, and we may limit accessibility to our site, in whole or in part, to any person or jurisdiction we choose. We don’t know whether the Amavi Sites are acceptable for use in some jurisdictions. You agree that any use of the Amavi Sites in any non-Canadian jurisdiction is at your own risk, and you must comply with all applicable laws, rules and regulations regarding the possession and use of our Products (as such term is defined below).
  4. Products.We intend to make changes to the products, listings, descriptions, specifications, pictures, services and other items on our Amavi Sites from time to time (collectively, the "Products"). Some of the Products may be made available by Amavi or by third parties. We do not endorse any Product other than those we sell. Although we aim for accuracy, certain weights, measures, textures, colours and similar descriptions are approximate and are for convenience only. Additionally, textures, colours and similar descriptions may be affected by the computers or mobile phones, tablets, etc., that you are using and you recognize that there may be discrepancies with what you see on the equipment you are using to view the Amavi Sites to actual results. Occasionally there may be information on the Amavi Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Amavi Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information relating to the Products or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date that applies on any Amavi Site or related sites, should be taken to indicate that all information on the Amavi Stie or on any related website has been modified or updated. Restrictions. We reserve the right, including without prior notice, to limit the available quantities of or discontinue making available any Product or any component of any Product; to impose conditions; to restrict anyone from completing any Transaction (as such term is defined below); to cancel any Transaction, and to refuse delivery of any Product. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner. You further agree that you will not resell any Products or services obtained unless we have provided our express prior written consent for you to do so. YOU ALSO COVENANT AND AGREE THAT THE PRODUCT IS FOR PERSONAL USE ONLY AND THAT YOU WILL NOT USE THE PRODUCT FOR ANY COMMERCIAL USE OR SELL THE PRODUCT TO ANYONE THAT YOU KNOW INTENDS TO USE THE PRODUCT FOR ANY COMMERCIAL USE. Shipping. We ship our Products using third party shipping companies. You agree that the terms and conditions of our shippers (either communicated to you through us, our policies or directly by the shipper) will apply to you and your Transactions.
  1. Transactions. We strive to make it as easy as possible for you to purchase Products, whether through the Amavi Sites, or through other sales channels such as telephone orders, or at our physical location(s) (each a "Transaction"). To complete a Transaction, you may be asked to provide information, such as your credit card number and its expiration date, your billing address and your shipping information ("Payment Information"). YOU AFFIRM THAT YOU ARE AUTHORIZED TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. In addition, when you provide us such information you also consent to our right to transfer such information, unencrypted and over various networks to third parties for purposes of completing Transactions, including confirmation of your information and credit. You agree to be responsible for all charges incurred by you or on your behalf through the Amavi Sites, at the prices in effect when such charges are incurred, including all shipping and handling charges. As well, any taxes payable to complete a Transaction is your responsibility. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell you a Product or service.
You also allow us to use any information we get from credit card processors or your credit card company and, we may use that information to process any payment that you have authorized us to charge to such payment card, including payment for any outstanding balances owed by you on any purchase. As well you authorize us and our service providers to update your payment card information and charge your payment card using any such updated payment card information. For more information, please contact your payment card issuer. Consent Agreement for Storing Payment Information. You agree that we may store your Payment Information following your completion of a Transaction. We will only use Payment Information to complete payment for any Product howsoever purchased. You may withdraw your consent by sending us a note in writing.
  1. Home Services
Last Updated: April 2024 Delivery, Assembly, installation, and professional services you purchase through the Amavi Sites are referred to herein as "Home Services" and are subject to applicable taxes. Home Services are provided by independent third-party service providers ("Pros"), who are independent of and not employees of Amavi. Amavi does not provide the Home Services itself. Amavi sometimes arranges for the provision of Home Services with Pros directly, and sometimes through other parties that contract with Pros ("Partners"). Amavi may refer customer service requests regarding Home Services to the Pros or Partners. Amavi does not guarantee that it will be able to match you with a Pro. Scheduled Home Services dates and times are subject to change and as arranged with the Pro or Partner. EXCEPT AS EXPRESSLY PROVIDED HEREIN, AMAVI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE HOME SERVICES OR THE PROS OR PARTNERS. YOU AGREE THAT ALL HOME SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. IN ADDITION TO THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, YOU AGREE THAT AMAVI SHALL HAVE NO LIABILITY IN CONNECTION WITH THE HOME SERVICES, THAT AMAVI IS NOT RESPONSIBLE OR LIABLE FOR THE CONDUCT OF ANY PRO OR PARTNER, AND THAT AMAVI WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, DAMAGES, OR LOSSES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE HOME SERVICES. You should exercise caution and common sense when interacting with Pros to protect your personal safety and property, just as you would when interacting with any person you do not know. You are responsible for verifying the identity of the Pro upon arrival. You are responsible for ensuring that the location where the Home Services are to be performed is safe and secure and that the Pro has free and clear access to such location. You must be 18 years of age or older to purchase Product, including Home Services. You acknowledge and agree that you are solely responsible for your decisions relating to the purchase of Products, including Home Services. Either you or someone else 18 years of age or older authorized by you must be present at all times during the performance of the Home Services. You are responsible for inspecting the Home Services and signing any relevant forms. If you are not present during performance, the adult present must be authorized by you to inspect the Home Services and sign any required forms on your behalf. You agree that products assembled, installed or otherwise worked on or with or by Pros (collectively, the "Home Service Products") are for home use only and not for commercial applications or use. You are responsible for designating the location where Pros assemble, install, and otherwise work on or with the Products. Amavi, the Partners, and the Pros make no recommendation, representation, or warranty regarding the use or location of the Products, including the surface on which they are installed. You have not rely upon any statement made by any of the foregoing parties in determining the use or location of the Products. You are responsible for obtaining any required approvals, permissions, permits, and variances necessary related to the Home Services and the use of the Products. You assume all risk, including any risk of relocation or removal, arising from the use or location of the Products. You will follow all instructions and warnings relating to the Products and any Home Service Products and will ensure that all persons who use the Products and any Home Service Products do the same. You hereby covenant and agree to indemnify, defend, and hold harmless Amavi, the Partners, and the Pros, and each of their owners, affiliates, parents, subsidiaries, successors, assigns, officers, directors, agents, employees, attorneys, insurers, and representatives (each an "Indemnified Party") from and against any and all claims, demands, causes of action, proceedings, losses, injury, damages, expenses, fines, penalties, and costs (including legal expenses) arising from or in connection with (i) the use and/or location of the Products and any Home Service Products; and (ii) your breach or violation of this Home Services Section of this Agreement. You hereby waive, release, covenant not to sue, and forever discharge each Indemnified Party from any and all debts, demands, actions, causes of action, suits, covenants, contracts, agreements, promises, torts, damages, claims, demands, losses, and liabilities whatsoever of any name and nature, both in law and in equity, which you now have, ever had, or may in the future have against any Indemnified Party arising from or in connection with (i) the use and/or location of the Products and any Home Service Products; and (ii) your breach or violation of, or failure to abide by, this Home Services Section of this Agreement.
  1. Registration; User Names and Passwords. We may ask you to register and provide a user name, password and other information to authenticate who you are when using the Amavi Sites. We may accept or reject, or require that you change, any user name, password or other information that you provide to us during the registration process. You agree that your user name and password should be kept confidential by you, and that Amavi is not responsible for any use or misuse of your user name or password. You agree to notify us of any breach or unauthorized use of your user name, password or account promptly after you know.
  2. Rules of Conduct. As it relates to your use of the Amavi Sites you agree that you will not:
  • Post, transmit or otherwise make available through or in connection with the Amavi Sites any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
  • Post, transmit or otherwise make available through or in connection with the Amavi Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
  • Use the Amavi Sites for any purpose that is fraudulent or otherwise tortious or unlawful.
  • Harvest or collect information about users of the Amavi Sites.
  • Interfere with or disrupt the operation of the Amavi Sites or the servers or networks used to make the Amavi Sites available, including by hacking or defacing any portion of the Amavi Sites, or violate any requirement, procedure or policy of such servers or networks.
  • Restrict or inhibit any other person from using the Amavi Sites.
  • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Amavi Sites except as expressly authorized herein, without Amavi's express prior written consent.
  • Reverse engineer, decompile or disassemble any portion of the Amavi Sites, except where such restriction is expressly prohibited by applicable law.
  • Remove any copyright, trademark or other proprietary rights notice from the Amavi Sites.
  • Frame or mirror any portion of the Amavi Sites, or otherwise incorporate any portion of the Amavi Sites into any product or service, without Amavi's express prior written consent.
  • Systematically download and store content of the Amavi Sites.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape", "data mine" or otherwise gather content from the Amavi Sites, or reproduce or circumvent the navigational structure or presentation of the Amavi Sites, without Amavi's express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Sites' root directories, Amavi grants to the operators of public search engines permission to use spiders to copy materials from the Sites for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Amavi reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Amavi Sites.
  1. Limited License. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Amavi to use the Sites, you may view one (1) copy of any portion of the Sites to which we provide you access hereunder, on any single device, solely for your personal, non-commercial use. The Apps, as and when created, are licensed (not sold) to end users. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Amavi to use the Apps, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the Apps on a mobile device that you own or control.
  2. Amavi's Proprietary Rights. We and our suppliers own the Sites and Apps, which are protected by proprietary rights and laws. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the Sites and the Apps, and in respect of the Apps remove (that is, uninstall and delete) the Apps from your mobile device. Our trade names, trademarks and service marks, among others, include Amavi Atelier, the names associated with our Products and any associated logos. All trade names, trademarks, service marks and logos on the Amavi Sites not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Amavi Sites should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
  3. Third Party Materials; Links. Certain functionality of the Amavi Sites may make available access to materials made available by third parties including those of the Pros and Partners ("Third Party Materials"), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials. We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Amavi with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Amavi Sites at any time. In addition, the availability of any Third Party Materials through the Amavi Sites does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
  1. DISCLAIMER OF WARRANTIES.TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE AMAVI SITES AND ANY PRODUCTS AND THIRD PARTY MATERIALS (INCLUDING HOME SERVICES PRODUCTS) ARE MADE AVAILABLE TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) AMAVI DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE AMAVI SITES AND ANY PRODUCTS AND THIRD PARTY MATERIALS (INCLUDING HOME SERVICES PRODUCTS) TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. THE PRODUCTS ARE NOT DESIGNED FOR COMMERCIAL USE (SUCH AS USE IN HOTELS, OR ANY OTHER PLACE WHERE THE PUBLIC MAY USE A PRODUCT OUTSIDE OF A PRIVATE RESIDENTIAL SETTING), AND, WITHOUT LIMITING ANY OTHER DISCLAIMER HEREIN, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL LIABILITY FOR ANY DAMAGES ARISING FROM SUCH COMMERCIAL USE. THIS SECTION 12 DOES NOT AFFECT ANY EXPRESS WARRANTIES THAT WE MAY PROVIDE DIRECTLY TO YOU IN WRITING WITH RESPECT TO PRODUCTS PURCHASED THROUGH THE AMAVI SITES.
ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH AMAVI AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS,  PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, PROS AND SERVICE PROVIDERS (COLLECTIVELY, THE "AFFILIATED ENTITIES"). While we try to maintain the timeliness, integrity and security of the Amavi Sites, we do not guarantee that the Amavi Sites are or will remain updated, complete, correct or secure, or that access to the Amavi Sites will be uninterrupted. The Amavi Sites may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Amavi Sites. If you become aware of any such inaccuracies, errors or alterations, please do not hesitate to contact us and providing a description of such items and its location.
  1. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: AMAVI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION TRANSMITTED VIA THE AMAVI SITES (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF SUCH INFORMATION), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) AMAVI WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE AMAVI SITES OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS (INCLUDING HOME SERVICES PRODUCTS); (B) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE AMAVI SITES OR ANY PRODUCTS OR THIRD PARTY MATERIALS (INCLUDING HOME SERVICES PRODUCTS) IS TO STOP USING THE AMAVI SITES; AND (C) THE MAXIMUM AGGREGATE LIABILITY OF AMAVI FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF: (1) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO AMAVI TO USE THE AMAVI SITES; AND (2) TEN CANADIAN DOLLARS ($10).
ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH AMAVI AND THE AFFILIATED ENTITIES.
  1. Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Amavi and any of its affiliated entities from and against all claims, losses, costs and expenses (including attorneys' fees) arising out of (a) your use of, or activities in connection with, any of the Amavi Sites; and (b) any violation or alleged violation of this Agreement by you.
  2. Termination. This Agreement is effective until terminated. Amavi may terminate or suspend your use of any or all of the Amavi Sites at any time and without prior notice, including if Amavi believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Amavi Sites will immediately cease, and Amavi may, without liability to you or any third party, immediately deactivate or delete your user name, password and account(s), and all associated materials, without any obligation to provide any further access to such materials. Sections 1 through 19 of this Agreement, inclusively, shall survive any expiration or termination of this Agreement.
  3. Governing Law; Arbitration. Except for Québec residents, the validity, interpretation, construction, and performance of this Agreement as they relate to all other matters shall be governed by the laws of Ontario, and the federal laws of Canada applicable therein, without giving effect to its principles of conflict of laws.
For Québec residents, the validity, interpretation, construction, and performance of this Agreement shall be governed by the laws of Québec, without giving effect to its principles of conflict of laws. EXCEPT WHERE PROHIBITED BY LAW, THE PARTIES AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION. EXCEPT WHERE PROHIBITED BY LAW, you agree to resolve any controversy, claim or dispute arising out of, relating to, or in respect of this Agreement and its terms and conditions, including their negotiation, validity, existence, breach, termination, construction or application, or the rights, duties or obligations of any party, or the rights, duties or obligations of any party derived from or associated with these terms, on an individual basis through final and binding arbitration determined by a single arbitrator administered by the ADR Institute of Canada ("ADRIC") and pursuant to the ADRIC's Arbitration Rules ("ADRIC Rules") and procedures then in effect, except as modified here. To review the ADRIC Rules or to start an arbitration proceeding, you can refer to the ADRIC’s website: https://adric.ca/. The arbitration will take place in Toronto, Canada. If the parties have not agreed upon the arbitrator within 14 days, the parties shall ask the ADRIC to appoint a single arbitrator. The costs and expenses of the arbitrator shall be shared equally between the parties. A party to the arbitration has no right of appeal from any award of the Arbitrator, whether characterized as final, interim, interlocutory or partial. Notwithstanding this provision, a party to this Agreement may take such steps as are permitted or required to enforce an award made by an arbitrator. The existence of the arbitration and any element of the arbitration, including any award, shall be confidential. No document or other evidence or information prepared for or produced by or on behalf of any party to the arbitration shall be disclosed to any non-party to the arbitration. You agree that you will not contest venue, and you waive any rights that you may have to initiate, transfer, or change the venue of any litigation arising from or related to these terms
  1. Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a "terrorist supporting" country; or (b) on any of the U.S. government lists of restricted end users.
  2. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Amavi. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term "including" or variations thereof in this Agreement shall be construed as if followed by the phrase "without limitation". This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Amavi relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Amavi relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Amavi Sites or by email (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Amavi will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.