AVETTA Global, LLC
TERMS OF USE
Effective Date: June 2026
These Terms of Use (these “Terms”) constitute a legal agreement between the business entity you represent (“you” or “your“) and Avetta Global, LLC (“AVETTA Global,” “us,” “our,” or “we“) in respect of your use of our website – www.avettaglobal.com (the “Site“) and the wholesale cloud services offered therein (the “Services“). Avetta Global provides cloud services on a wholesale basis exclusively to managed service providers (“MSPs“) who purchase such services for resale to their own end customers (“End Customers“). By using the Site or purchasing Services, you represent that (a) you are acting on behalf of a business entity that operates as an MSP, (b) you have authority to bind that entity to these Terms, and (c) you are purchasing the Services for the purpose of resale to your End Customers and not for your own internal end use.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE OR PURCHASING SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITE OR PURCHASE SERVICES AND YOU MUST PROMPTLY CEASE ALL SUCH ACTIVITY. WE MAY IMMEDIATELY TERMINATE THESE TERMS, THE SERVICES, OR GENERALLY CEASE OFFERING OR DENY ACCESS TO THE SERVICES OR ANY PORTION THEREOF, AT ANY TIME FOR ANY REASON.
By agreeing to these Terms, you expressly agree to the arbitration of all Disputes (as defined below) as further described in this paragraph and in Section 16.2 below. Any controversy, allegation, or claim that arises out of or relates to the Services, these Terms, or any additional terms, whether heretofore or hereafter arising (collectively, a “Dispute“), except for any controversy, allegation, or claim that arises out of or relates to our actual or alleged intellectual property rights (an “Excluded Dispute“), shall be finally resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and these Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator or arbitral panel may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, the remaining portions of the foregoing arbitration provisions will remain in force.
1. Your Access to the Site and Services
1.1 Internet Access.
When using the Site on your desktop, laptop, mobile, or other device (your “Device“), you acknowledge and agree that you are responsible for (i) maintaining Internet access for your Device and (ii) any Internet connection and telecommunications fees and charges that you incur.
1.2 Your Device.
Avetta Global is not responsible for the operation of your Device. You are responsible for ensuring your Device is in working order when accessing the Site, including but not limited to display and connectivity features.
1.3 No Guarantee of Access.
Access to the Site may be suspended temporarily and without notice (a) in the event of system failure, (b) for maintenance or repair, (c) where we reasonably suspect there has been a breach of these Terms, (d) for reasons reasonably beyond our control, or (e) as otherwise explained in these Terms.
2. Permitted Use and Restrictions
2.1 Reseller Authorization.
Subject to the terms and conditions of these Terms, Avetta Global grants you a limited, non-exclusive, non-transferrable right to purchase cloud services from Avetta Global solely for the purpose of resale to your End Customers. No license to access or use Avetta Global’s systems, platforms, or infrastructure is granted by these Terms. All rights not expressly granted herein are reserved by Avetta Global.
2.2 Reseller Obligations.
As a condition of purchasing Services for resale, you agree to the following obligations:
- You shall maintain your own written terms of service and privacy policy governing your End Customers’ use of the services you provide, and shall ensure your End Customers are bound by terms no less protective of Avetta Global’s rights than those set forth herein.
- You shall not make any representations, warranties, or service level commitments to your End Customers that exceed or are inconsistent with those provided by Avetta Global to you under these Terms or any applicable Services Agreement.
- You shall not represent to your End Customers that the services originated from Avetta Global, or use Avetta Global’s name, trademarks, or branding in any customer-facing materials without Avetta Global’s prior written consent.
- You shall ensure that your End Customers’ use of the services complies with all applicable laws and these Terms, including the Acceptable Use provisions in Section 2.4.
- You shall not resell the Services to any party that is subject to sanctions, export restrictions, or any applicable government watchlist.
2.3 Use Restrictions.
You may not access or use the Site or Services in any way not expressly permitted by these Terms. You may not: (a) cause, permit or authorize the modification, copy, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Services or any underlying infrastructure; (b) sublicense, transfer, or assign your rights to purchase Services to any third party without Avetta Global’s prior written consent; or (c) use the Site or Services for any unlawful, prohibited, abnormal or unusual activity as determined by Avetta Global in its sole discretion.
2.4 Acceptable Use.
You must not use, and must ensure your End Customers do not use, the Services: (a) in any unlawful manner or for any unlawful purpose; (b) to transmit, store, or process any content that is defamatory, obscene, fraudulent, or otherwise objectionable; (c) to insert or transmit malicious code, viruses, or harmful data into any system; (d) in a way that could damage, disable, overburden, or compromise Avetta Global’s systems, infrastructure, or security; (e) to collect or harvest data from Avetta Global’s systems without authorization; (f) to engage in or facilitate spamming, phishing, or any other unsolicited mass communications; or (g) to store, transmit, or process data in violation of applicable data protection or privacy laws. You are solely responsible for your End Customers’ compliance with these acceptable use requirements, and Avetta Global shall have no liability for any violations by your End Customers.
2.5 Investigations.
We may, but are not obligated to, monitor or review the Site and use of Services at any time. If we become aware of any possible violations by you or your End Customers of these Terms, we reserve the right to investigate such violations and may, at our sole discretion, immediately suspend or terminate your access to Services pursuant to Section 13 below.
3. Subscription and Payment
If you purchase Services from us and have not entered into a separate agreement governing such purchase (a “Services Agreement“), the terms of this Section 3 shall apply.
3.1 Subscription Payment Methods.
All subscription payments for wholesale cloud services are processed through an authorized third-party payment portal. You agree that, with your authorization, the applicable payment processor may charge your designated payment method for the monthly subscription amount for the cloud services tier selected by you. All payments must be in U.S. dollars. Your subscription will continue and automatically renew on a monthly basis until terminated. To maintain an active subscription, you must ensure a current, valid, accepted method of payment is on file with our third-party payment portal at all times and is on autopay. Following any update to your payment method, you authorize us to continue to charge the applicable payment method.
3.2 Payment Processors.
Avetta Global uses authorized third-party payment processors for the purpose of processing your transactions, including fraud prevention and payment authorization. By submitting your payment information to the applicable payment portal, you acknowledge that such information is governed by the payment processor’s own terms and privacy policy. Avetta Global does not store or have direct access to your full payment card or banking details and shall not be responsible for any failures of the payment processor to adequately protect your information.
3.3 Subscription Fees.
All wholesale subscription prices are provided to you by Avetta Global on a per-quote basis under the applicable Services Agreement and are subject to change from time to time in accordance with Section 3.5. Prices are quoted in U.S. dollars and reflect wholesale rates for resale to your End Customers. You are solely responsible for determining the retail pricing at which you resell services to your End Customers. Avetta Global has no liability for any pricing commitments you make to your End Customers. You acknowledge and agree that you are solely responsible for all fees associated with your chosen payment method, such as foreign transaction fees or other processing fees. The monthly subscription fee will be charged to your designated payment method on a recurring monthly basis. If a payment is not successfully settled — for example, due to expiration of a payment method, insufficient funds, or otherwise — we may suspend your subscription and your End Customers’ access to services until a valid payment method is successfully charged. You remain responsible for any uncollected amounts.
3.4 Cancellation.
You must cancel your subscription no less than 30 days before it renews in order to avoid billing for the next monthly cycle. All cancellation requests must be submitted in writing. You acknowledge that cancellation of your subscription will result in termination of cloud services to your End Customers, and you are solely responsible for notifying your End Customers and managing that transition. Avetta Global shall have no liability to you or your End Customers arising from any service disruption resulting from your cancellation or failure to maintain a valid payment method.
3.5 Changes to Subscription Pricing and Plans.
We reserve the right to change our subscription plans or adjust wholesale pricing for the Services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Any price changes will take effect following reasonable prior written notice to you. It is your responsibility to adjust your retail pricing to your End Customers accordingly following any such notice.
4. End Customer Relationships and Liability
4.1 Independent Relationship.
Your relationship with your End Customers is entirely independent of Avetta Global. Avetta Global is not a party to any agreement between you and your End Customers and has no obligations to your End Customers of any kind. You are solely responsible for all aspects of your relationship with your End Customers, including billing, support, service commitments, and compliance.
4.2 End Customer Indemnification.
You agree to indemnify, defend, and hold Avetta Global harmless from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (a) any claim by an End Customer relating to services you provide to them; (b) any representation or commitment you make to an End Customer that is inconsistent with or exceeds Avetta Global’s obligations to you; (c) any breach by your End Customers of the acceptable use requirements in Section 2.4; or (d) your failure to notify End Customers of service changes, suspensions, or terminations.
4.3 No Recourse Against Avetta Global.
You acknowledge and agree that your End Customers shall have no right of recourse against Avetta Global in connection with any services you provide to them. You shall include provisions in your End Customer agreements making clear that Avetta Global is not responsible for any service delivery obligations to End Customers.
5. Service Availability
5.1 Availability.
We cannot guarantee the availability of any particular Service at any particular time and reserve the right to change, modify, suspend, or discontinue any Service offering at any time. Where practicable, we will provide reasonable advance notice of material changes to Service offerings.
5.2 Service Levels.
Any service level commitments, uptime guarantees, or performance standards applicable to the Services are governed exclusively by the applicable Services Agreement. Nothing in these Terms constitutes a representation or warranty regarding service availability, uptime, or performance.
6. Data, Security, and Privacy
6.1 Data Ownership.
As between you and Avetta Global, all data belonging to you or your End Customers that is stored or processed using the Services remains your property. Avetta Global does not claim ownership over such data. You represent and warrant that you have all necessary rights and authorizations to store and process such data using the Services.
6.2 Data Security.
Avetta Global implements and maintains reasonable technical and organizational security measures designed to protect data processed through the Services. However, no system is completely secure and Avetta Global does not warrant that the Services will be free from unauthorized access, data breaches, or security incidents. You are responsible for implementing appropriate security measures on your end and for ensuring your End Customers do the same.
6.3 Data Compliance.
You are solely responsible for ensuring that your collection, use, storage, and processing of End Customer data — including through use of the Services — complies with all applicable data protection, privacy, and security laws. Avetta Global shall have no liability for any failure by you to comply with applicable data protection obligations.
6.4 Privacy Policy.
These Terms also incorporate the terms of our privacy policy (as updated from time to time), which is available at www.avettaglobal.com/privacy-policy (the “Privacy Policy“). Our Privacy Policy explains how information collected through the Site is used and protected. By agreeing to these Terms, you are also agreeing to the Privacy Policy.
6.5 Business Communications.
By agreeing to these Terms or using the Services, you agree to receive communications from us, including via email. Communications may include service notices, billing information, and marketing materials. If you wish to opt-out of marketing communications, you may unsubscribe by following the unsubscribe instructions in any such communication or by contacting us directly.
7. Submissions and Feedback
Any feedback or suggestions you provide to us regarding the Services (“Submissions“) shall be considered non-confidential and non-proprietary. We have the right, without limit in time and without payment to you, to use, copy, distribute, adapt, and disclose such Submissions for any purpose. You are not entitled to any compensation or reimbursement in connection with Submissions under any circumstances.
8. Copyright Infringement — DMCA Notice
Avetta Global complies with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended).
If you have any complaints or objections to material posted on the Site, you may contact our designated agent at:
Email: webmaster@avettaglobal.com
Any notice alleging that materials hosted by or distributed through the Site infringe intellectual property rights must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of the material that you claim is infringing and where it is located on the Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the use of the materials on the Site of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
9. Intellectual Property Rights
9.1 Trademarks.
The Avetta Global name and logo are trademarks and service marks of Avetta Global, LLC. You do not have the right to use any of our trademarks, service marks or logos without our prior written consent, and your unauthorized use of any of these may be a violation of federal and state trademark laws.
9.2 Ownership.
You acknowledge that all intellectual property rights in the Site and Services, whether registered or unregistered, including but not limited to rights in graphics, logos, “look and feel,” trade dress, structure, organization, code, and all content in the Site and compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of Avetta Global, protected by intellectual property laws. You acknowledge and agree that Avetta Global, and/or its licensors, owns all right, title and interest in and to the Site and Services, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time, and that the Site and Services are protected by U.S. and international copyright laws. Further, you acknowledge that the Site and Services may contain information that Avetta Global has designated as confidential and you agree not to disclose such information without Avetta Global’s prior written consent. Nothing on the Site or in these Terms grants a license to any Avetta Global trademarks, copyrights, or other intellectual property rights, whether by implication, estoppel or otherwise. You should assume that everything you see or read on the Site is proprietary information protected by copyright or trademark unless otherwise noted and may not be used except with the written permission of Avetta Global. When accessing the Site and Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.
10. Third-Party Sites and Services
10.1 Third-Party Sites.
The Site may contain links to third-party websites (“Third-Party Sites“). You acknowledge that we have no control over Third-Party Sites and are not responsible for their contents or availability. We do not assume any liability for your use of any Third-Party Sites, which use you acknowledge and agree shall be at your own risk.
10.2 Third-Party Terms.
Links to Third-Party Sites are provided for convenience only and do not constitute an endorsement or approval by us of the organization that operate such websites, the content, or other material contained in the Third-Party sites and we have no association with their operators. Your use of Third-Party Sites will be governed by their own terms and conditions and privacy policies (“Third-Party Terms“). It is your responsibility to read and comply with Third-Party Terms.
11. Notice for California Residents Pursuant to CA Civil Code Section 1789.3
Under California Civil Code Section 1789.3, California users of an electronic commercial service receive the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.
12. Indemnity
You agree to indemnify and hold us and our affiliates, and their respective business partners, licensees, licensors, officers, directors, employees and agents (the “Indemnified Parties“) harmless from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs), arising out of or in connection with: (a) your use of the Site or Services; (b) your breach or violation of any of these Terms; (c) your violation of the rights of any third party; (d) any claims by your End Customers relating to services you provide to them; or (e) any breach of the acceptable use requirements in Section 2.4 by you or your End Customers. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.
13. Warranty Disclaimer
WE PROVIDE THE SITE AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SERVICES (INCLUDING THE INFORMATION THEREIN) WILL BE ACCURATE, UP-TO-DATE, RELIABLE, UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE SERVICES OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE SERVICES BEYOND WHAT IS EXPRESSLY SET FORTH IN AN APPLICABLE SERVICES AGREEMENT. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content included on the Services is accurate, complete or up-to-date.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS AND OTHER TERMS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE, THE SERVICES, AND ALL INFORMATION AND CONTENT INCLUDED THEREIN.
No information or advice obtained through the Site, or any affirmation by us by words or actions, shall constitute a warranty of any kind. Service levels, performance standards, and uptime commitments, if any, are governed exclusively by the applicable Services Agreement.
The Services are provided for commercial business use on a wholesale resale basis. Avetta Global does not warrant that the Services will meet your End Customers’ specific requirements. You are solely responsible for ensuring the Services are suitable for the purposes for which you resell them to your End Customers.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
14. Limitation of Liability
IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES OR THESE TERMS, WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF AVETTA GLOBAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL AVETTA GLOBAL BE LIABLE FOR ANY CLAIMS BROUGHT AGAINST YOU BY YOUR END CUSTOMERS, INCLUDING ANY CLAIMS ARISING FROM SERVICE INTERRUPTIONS, PERFORMANCE FAILURES, DATA LOSS, OR ANY OTHER MATTER RELATING TO SERVICES YOU PROVIDE TO YOUR END CUSTOMERS.
Your sole remedy for dissatisfaction with the Services, including content on the Site, is to stop using the Services. This limitation shall also apply with respect to damages incurred by reason of any content posted by a third party or conduct of a third party on the Site.
In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ total aggregate liability arising in connection with the Services or under these Terms, whether in contract, tort (including negligence) or otherwise, shall not exceed, under any circumstances (except as otherwise provided in a Services Agreement), the greater of: (i) the total wholesale fees paid by you to Avetta Global in the one (1) month preceding the claim, or (ii) One Hundred Dollars ($100). You agree that any claim or cause of action arising under these Terms must be brought within one year after such claim or cause of action arises or be forever barred.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, AVETTA GLOBAL’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
15. Termination
15.1 Termination, Suspension, and Modification.
We may terminate these Terms and/or your right to purchase Services immediately, without prior notice or liability, if you commit any breach of these Terms. We may also terminate or suspend your access to Services immediately if (a) we discontinue the Services, (b) we are prevented from providing the Services for any reason, (c) you fail to maintain a valid payment method on file, or (d) you or your End Customers violate the acceptable use requirements in Section 2.4. We reserve the right to change, edit, suspend, delete, or cancel any part of the Services at any time with or without notice: (a) if required by law, or (b) due to an event beyond our control.
15.2 Effect of Termination.
On termination of these Terms for any reason: (a) all rights granted to you under these Terms will cease immediately, (b) you must immediately cease purchasing or reselling Services, and (c) you are solely responsible for notifying your End Customers of the termination and managing any resulting service transition. Avetta Global shall have no liability to you or your End Customers for any disruption arising from termination. Sections 4, 6, 7, 9, 12, 13, 14, 15, 16, and 17 will survive any termination or expiration of these Terms.
16. Dispute Resolution
16.1 Governing Law; Jurisdiction.
These Terms are governed by California law, without regard to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and Avetta Global agree that, except as otherwise provided below, the state and federal courts located in the County of Los Angeles, California will have exclusive jurisdiction of all Disputes arising out of or related to these Terms or your use of the Services and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, Avetta Global shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.
16.2 Binding Arbitration.
(a) Arbitration Procedures.
You and Avetta Global agree that, except as provided in Section (d) below, all Disputes (each a “Claim“) shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules“) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section 16 and the JAMS Rules, the terms in this Section will control and prevail.
As part of the arbitration, both you and Avetta Global will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the decision regarding the Claim, the award given, and the findings and conclusions on which the decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (a) you and Avetta Global may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator, and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
(b) Location.
The arbitration will take place in Los Angeles, California unless the parties agree to video, phone or internet connection appearances.
(c) Limitations.
You and Avetta Global agree that any arbitration shall be limited to the Claim between Avetta Global and you individually. YOU AND AVETTA GLOBAL AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES, (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
(d) Exceptions to Arbitration.
You and Avetta Global agree that the following Claims are not subject to the above provisions concerning binding arbitration: (a) any Excluded Dispute, (b) any Claim related to, or arising from, allegations of theft, piracy, or unauthorized use, and (c) any claim for equitable relief. Either party may also assert an individual action in small claims court for Claims within the scope of such court’s jurisdiction in lieu of arbitration.
(e) Arbitration Fees.
If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
(f) Severability.
You and Avetta Global agree that if any portion of this Section is found illegal or unenforceable (except any portion of Section (d)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section (d) is found to be illegal or unenforceable, then neither party will elect to arbitrate any Claim falling within that portion found to be illegal or unenforceable, and such Claim shall be exclusively decided by a court of competent jurisdiction within the County of Los Angeles, California.
17. Other Important Terms
17.1 Assignment.
The rights granted to you under these Terms may not be assigned without Avetta Global’s prior written consent, and any attempted unauthorized assignment by you shall be null and void. Avetta Global may assign its rights and obligations under these Terms to another organization without your consent, provided that such assignment will not affect your rights under these Terms.
17.2 Severability.
If any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Terms shall be given full force and effect.
17.3 Attorneys’ Fees.
The prevailing party shall be entitled to recover from the other party all reasonable costs, attorneys’ fees and other expenses incurred in any legal action relating to these Terms.
17.4 No Waiver.
Our failure to enforce any provision of these Terms shall in no way be construed to be a waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by Avetta Global of any provision, condition or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.
17.5 Equitable Remedies.
You acknowledge and agree that Avetta Global would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach of these Terms, in addition to such other remedies as we may otherwise have available under applicable laws.
17.6 Entire Agreement.
These Terms, including the documents referenced herein, constitute the entire agreement between you and Avetta Global with respect to the Site and Services and supersede any and all prior agreements between you and Avetta Global relating thereto. Where a Services Agreement exists between the parties, the terms of the Services Agreement shall control in the event of any conflict with these Terms with respect to the subject matter covered therein.
17.7 Communication Between Us.
If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you may do so by email or as otherwise indicated in the Contact Us section below. If we need to contact you, we may do so by email or using any other contact details you have provided to us.
18. Changes to These Terms
We reserve the right, at our sole discretion, to amend these Terms at any time. We will provide notice of material changes to these Terms by email or when you next access the Site. Material changes affecting your rights as a reseller, including changes to pricing, acceptable use, or liability provisions, will be communicated with reasonable advance notice. We reserve the right at any time to modify or discontinue, temporarily or permanently, the Services or any part of them, with or without notice.
19. Contact Us
If you have any questions or comments relating to the Site, the Services, or these Terms, please contact us at:
Avetta Global, LLC
webmaster@avettaglobal.com
(310) 601-8336
Inglewood, CA 90301
