Terms & Conditions

1. Acceptance of Terms

AVB is pleased to provide the information available through the Platform conditioned upon your acceptance, without modification by you, of the terms, conditions, and notices comprising these Terms. These Terms may be updated and modified by us from time to time without notice to you by posting revised Terms on the Sites. Your continued use of the Platform after we publish any change, whether or not we send out a notice about the change, means that you have agreed to the updated Terms. You can review the most current version of these Terms at any time by clicking the "Terms and Conditions" link from any page on the Sites.

2. User Accounts

To utilize certain part of the Platform, you may be required to create an account. If you create an account, you must provide true, accurate, current and complete information about you as may be prompted by any registration forms. If any information you provide changes, you must promptly update the relevant registration information.

By opening an account, you certify that: (a) you are at least 18 years of age; (b) you are legally able to enter into contracts; and (c) you are not a person barred from receiving or using any part of the Platform under federal, state, local or other laws.

You acknowledge and agree that AVB may close, suspend, investigate, monitor or limit your access to your account with or without prior notice to you. You acknowledge, understand and agree that you do not have an expectation of privacy in activities related to the Platform except as described in AVB's Privacy Policy.

You are prohibited from using a false identity to create an account, creating an account for or on behalf of any other person, or otherwise misrepresenting your identity on the Platform.

You are responsible for maintaining the confidentiality of your passwords. AVB has the right to assume that anyone accessing the Platform using a valid password associated with your account has the right to do so. You will be solely responsible for the activities of anyone who accesses the Platform using a valid password associated with your account, even if the individual is not in fact authorized by you. If you have reason to believe that your password has been compromised or used without authorization, you must promptly change it.

3. Acceptable Use of the Platform

Your use of the Platform must comply with these Terms and the applicable Rules. Without limiting anything in these Terms or the applicable Rules, your use of the Platform must comply with the following ("Acceptable Use Restrictions"):

You shall not upload to, transmit through, or display via the Platform any content that:

• Is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes AVB's or any third party's intellectual property or other rights
• Contains confidential, proprietary, or trade secret information that you do not have the right to disclose
• Violates the rights of others, including any privacy rights or rights of publicity
• Impersonates any person or entity or falsely states your affiliation with any person or entity
• Violates any applicable laws or regulations
• Makes any statement that you are endorsed by AVB
• Harms minors in any way
• Contains any unsolicited promotions, political campaigning, advertising, or solicitations
• Is inappropriate or objectionable or which restricts or inhibits any other person from using the Platform

You shall not use the Platform to engage in any of the following activities:

• Accessing or using another user's account without permission
• Violating any federal, state, local, or other laws
• Transmitting any viruses, worms, or other items of a destructive nature
• Creating user accounts by automated means or under false pretenses
• Taking any action that imposes an unreasonable load on our IT infrastructure
• Interfering with the normal operation of the Platform
• Collecting or storing personal information about other users

AVB reserves the right to terminate your access to the Platform at any time without notice for any reason whatsoever.

You Will Be Responsible For Any Cost, Expense, Fee, Liability Of Any Kind, And Attorney's Fees That AVB Incurs If You Break The Law, Violate The Rules, Misuse The Platform, Or Breach These Terms.

4. Proprietary Rights

All right title and interest in and to the Platform, including all of the software and code that comprise and operate the Platform and all of the text, photographs, images, illustrations, graphics, audio, video, and other materials provided through the Platform (collectively, the "Content") are owned by AVB or by third parties who have licensed their content to us. The Platform is protected under trademark, service mark, trade dress, copyright, patent, trade secret, and other intellectual property laws.

We hereby grant you a limited, revocable license to download and print copies of any portion of the Content to which you have properly gained access, but only for your own personal, non-commercial use, and only if you do not remove, modify, or obscure any copyright, trademark, or other proprietary notices. This license is revocable at any time without notice. Nothing in these Terms shall be construed as transferring any right, title, or interest in the Platform to you.

5. User-Provided Data

You shall be solely responsible for the accuracy, quality, integrity, legality, reliability and appropriateness of any data, information, or material you provide through your use of the Platform ("User Data"). You warrant that you have the right to possess and use all User Data you upload or submit, including the right to disclose User Data to AVB.

As between you and AVB, you own the User Data, provided that you grant AVB a worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process any User Data you provide through the Platform.

AVB has no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law. AVB may delete and remove from the Platform any User Data upon request.

6. Confidentiality Cannot be Guaranteed

Please be advised that the confidentiality of any communication or material transmitted via the Internet cannot be guaranteed, including personal information such as your address or social security number. To ensure private and personalized attention, please contact AVB by email at rewards@brandsource.com.

7. Privacy Statement

AVB has a Privacy Statement disclosing what information we collect about visitors, how we use such information, and the steps we take to secure such information. Click here to view the Privacy Statement, which is incorporated by reference.

Our Privacy Policy may be updated and modified from time to time without notice to you. Your continued use of the Platform after we publish any change means that you have agreed to the updated Privacy Policy.

8. Disclaimer of Warranty

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PLATFORM. THE PLATFORM, AND ALL OF THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES: (a) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (b) RELATING TO THE SECURITY OF THE PLATFORM; (c) THAT THE CONTENT IS ACCURATE, COMPLETE, CURRENT OR RELIABLE; AND (d) THAT THE PLATFORM WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

AVB DOES NOT ENDORSE, AND IS NOT RESPONSIBLE FOR, STATEMENTS, ADVICE, AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED AVB SPOKESPERSONS.

9. Corrections and Changes

While we endeavor to keep the materials on the Site up to date, AVB cannot assume responsibility for any errors or omissions in these materials. AVB may make changes to these materials, or to the products or services described herein, at any time without notice. AVB reserves the right to terminate your access to the Site in the event that you violate these Terms and Conditions, or for any reason whatever.

10. Copyright Compliance

If you are a copyright owner and believe that any user submission or content on the Platform infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing AVB with the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the copyright owner
• Identification of the copyrighted work claimed to have been infringed
• Identification of the infringing material and information to permit AVB to locate the material
• Your contact information (address and email address)
• A statement that you have a good faith belief that use of the material is not authorized
• A statement under penalty of perjury that you are authorized to act on behalf of the copyright owner

DMCA claims can be sent via email to rewards@brandsource.com.

11. Dispute Resolution

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

YOU AGREE THAT BY USING THE PLATFORM YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST AVB ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION.

You agree that any and all claims and disputes arising from or relating to these Terms, your use of the Platform, or your dealings with AVB shall be finally settled through binding individual arbitration. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association ("AAA").

For any claim where the total amount sought is $10,000 or less, the arbitration shall be conducted based on telephone or online appearances and/or written submissions. If the claim exceeds $10,000, the hearing must take place in a mutually agreed upon location.

There is no judge or jury in arbitration. You understand and agree that by agreeing to resolve any dispute through individual arbitration, you are waiving the right to a court or jury trial.

Any cause of action or claim must be commenced in arbitration within two (2) years after the cause of action accrues. After that period, such cause of action or claim is permanently barred.

If you wish to opt out of the agreement to arbitrate, within 45 days of when you first use the Platform, you must send us a letter stating "Request to opt-out of agreement to arbitrate" to: AVB Marketing, rewards@brandsource.com.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE USE OF THE PLATFORM SHALL BE THE AMOUNT OF $100.

IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE PLATFORM. Because some states or jurisdictions do not allow for the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability will be limited to the extent permitted by applicable law.

13. Indemnification

You agree to defend, indemnify, and hold harmless AVB, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney's fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Platform
• Any User Data you submit
• Your conduct
• Your violation of any laws or rights of any third party

14. Links to Other Web Sites

The Platform may contain links to other Internet websites for the convenience of users. These third-party sites are maintained by persons or organizations over which AVB exercises no control. AVB expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by these third-party sites. AVB does not control, endorse, promote, or have any affiliation with any other website unless expressly stated.

15. Use of the Internet

Use of the Internet is solely at your own risk and is subject to all applicable laws and regulations. Neither AVB nor its affiliates will be liable for any loss resulting from a cause over which they do not have direct control, including failure of electronic or mechanical equipment, communication lines, computer viruses, unauthorized access, severe weather, natural disasters, strikes, wars, or governmental restrictions.

16. Governing Law and Jurisdiction

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Arizona, without reference to its choice of law rules. By accessing, viewing, or using the material on the Site, you consent to the jurisdiction of the federal and state courts presiding in Arizona and agree to accept service of process by mail.

17. Termination

You agree that AVB, in its sole discretion, may suspend or terminate your account for any reason, including lack of use or if AVB believes you have violated these Terms. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.

You may terminate these Terms at any time by closing your account and ceasing all access of the Platform.

Upon termination, all rights to the Platform granted by AVB to you will immediately cease to exist and you shall discontinue all use of the Platform.

18. Additional Rules

You acknowledge that AVB may establish additional Rules concerning your use of the Platform. You are responsible for ensuring any use of the Platform complies with these Terms and any additional Rules applicable to such use.

19. Severability

If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

20. Contact Information

If you have questions about these Terms and Conditions, please contact us at:

Email: rewards@brandsource.com