Terms of Service

Last updated: July 5, 2024

These Avery Carrier Terms of Service, or “Terms of Use” apply when you access, use or visit the Avery Carrier website located at https://averycarrier.com (the “Site”), and the services provided through the Site (the Site and these services constituting the “Service”).  The Service is provided to you by Strength Over Silence d/b/a (referred to in these Terms of Use as “Avery Carrier” “we,” “us” and “our”). You must agree to these Terms of Service in order to use the Service.  If you do not agree with these Terms of Use at any time, please cease use of the Service.

Notice Regarding Dispute Resolution: These Terms of Use contain provisions that govern how claims you and we may have against each other are resolved (see Section 11 below), Including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with Section 11(E).  Unless you opt-out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

1. Updates to these Terms of Service.  

We may modify these Terms of Use from time to time. We will notify you of any material changes to these Terms of Use by posting the amended terms on the Service at least thirty (30) days before the effective date of the changes. If you do not agree with the proposed changes, you should discontinue your use of the Service prior to the time the new Terms of Use take effect.  If you continue using the Service after the new terms take effect, you will be bound by the modified Terms of Use.

2. Privacy Policy.  

In connection with your use of the Service, please review our Privacy Policy, located at https://averycarrier.com/privacy-policy to understand how we use information we collect from you when you access, visit or use the Service. The Privacy Policy is part of and is governed by these Terms of Use and by agreeing to these Terms of Use, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.

3. Affirmative Representations Regarding Your Use of the Service.

When you use the Service, you represent that: (a) the information you submit is truthful and accurate; (b) your use of the Service does not violate any applicable laws or regulations; (c) you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms of Use.

4. User Registration and Accounts.

You can visit and browse the Service without becoming a registered user of the Service, but you will not be able to sign up for or receive emails through the Service, unless you are a registered user of the Service. You can sign up to become a registered user of the Service by completing the registration process on the Site at https://averycarrier.com/subscribe.  If you sign up to become a registered user of the Service, you agree: (i) to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); and (ii) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

5. Prohibited Activities; Social Media Guidelines

A. Prohibited Activities.  You agree that in connection with your use of the Service, you will not:

(i) use the Avery Carrier name, logo or branding in a way that confuses people about your affiliation or relationship with Avery Carrier;

(ii) use the Service for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Service without our express written consent;

(iii) transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service, including without limitation, hacking into the Service, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications;

(iv) impersonate any other person or entity, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;

(v) use the Service for purposes of advertisements or solicitations for jobs or employment, or otherwise use the Service to hire any person to perform work, including, without limitation, posting advertisements or solicitations for modeling jobs or talent or talent scouting positions on the Service;

(vi) use the Service in connection with any franchise, pyramid scheme, “club membership,” distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions, or requires recruitment of other members, sub-distributors or sub-agents;

(vii) decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Service, or any portion thereof; or

(viii) circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Materials (as defined in Section 6) or enforce limitations on use of the Service or the Materials on the Service.

B. Social Media Guidelines. If you access or use any of the Avery Carrier social media pages on Facebook, Pinterest, Twitter, Instagram or YouTube, or post any reviews or comments regarding your use of the Service on these social media services or other third party websites, we ask you to follow the following guidelines:

(i) Please be polite and courteous. Bullying, name-calling, profanity, or anything that does not contribute to the conversation of encouragement, gruesome language or the like, are not acceptable.

(ii) All postings should come from a real person. Our community is important to us.

(iii) Please verify that all information submitted is accurate and factual.  Negative comments and complaints posted by you could be construed as claims about Avery Carrier or an individual and may be subject to libel laws and other legal claims.

(iv) We would like to hear about your complaints or concerns regarding the Service before you share them publicly with others so that we can help resolve them for you. If you are a user and have a customer service comment, complaint, concern or idea, please email us at bookaverycarrier@gmail.com.

6. Our Intellectual Property Rights.  

All of the content on the Service (“Materials”) and any trademarks, service marks, and logos contained on the Service, are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.  The Service and the Materials are for your information and personal use only and not for commercial exploitation. We reserve all rights in and to the Service and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Materials.

7. Our Management of the Service; User Misconduct

A. Our Right to Manage the Service.  We reserve the right, but do not undertake the obligation to: (i) monitor or review the Service for violations of these Terms of Use and for compliance with our policies; (ii) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Use; (iii) manage the Service in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Service; (iv) screen our users, or attempt to verify the statements of our users and/or (v) monitor disputes between you and other users or to terminate or block you and other users from using the Service.

B. Interactions with other Users.  Please choose carefully the information you share through the Service and that you give to other users of the Service. You assume all risks associated with dealing with other users with whom you come in contact through the Service.

C. Our Right to Terminate Users. Without limiting any other provision of these Terms of Use, we reserve the right to, in our sole discretion, and without notice or liability, deny access to and use of the Service to any person for any reason or for no reason at all, as permitted by applicable law, including, without limitation, for breach of any representation, warranty or covenant contained in these Terms of Use, or any applicable law or regulation.

8. Third Party Sites.  

The Service may contain links to websites operated by third parties (“Third Party Sites”), and you may be able to share information with Third Party Sites through links on the Service; however, we do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third Party Sites. The availability of these links on the Service does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws. These Terms of Use do not apply to Third Party Sites.  Before visiting a Third Party Site through links or other means provided on or through the Service, you should review the Third Party Site’s terms and conditions and privacy policy, and inform yourself of the regulations, policies and practices of these Third Party Sites.

9. Warranty Disclaimer; Limitation on Liability

A. Disclaimer of Warranties:   

(i) To the extent permitted by applicable law, all material or items provided through the Service are provided “as is” and “as available,” without warranty or conditions of any kind.  By operating the Service, we do not represent or imply that we endorse any materials or items available on or linked to by the Service, including, without limitation, content hosted on Third Party Sites, or that we believe any materials or items to be accurate, useful or non-harmful.  We cannot guarantee and do not promise any specific results from use of the Service. No advice or information, whether oral or written, obtained by you from us shall create any warranty not expressly stated in these Terms of Use. You agree that your use of the Service will be at your sole risk.  To the fullest extent permitted by law, we and each of our advertisers, licensors, suppliers, officers, directors, investors, managers, members, partners, affiliates, employees, agents, service providers and other contractors disclaim all warranties, express or implied, in connection with the Service and your use thereof.  

(ii) To the extent permitted by applicable law, we make no warranties or representations about the accuracy, reliability, timeliness or completeness of the Service’s content, the content of any site linked to the Service, or information or any other items or materials on the Service or linked to by the Service.  We assume no liability or responsibility for any (a) errors, mistakes or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (c) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (d) any interruption or cessation of transmission to or from the Service, (e) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Service by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Service.

B. Limited Liability.  To the extent permitted by applicable law, in no event shall we be liable to you or any third party for any indirect, consequential, incidental, special or punitive damages, including lost profit damages arising from your use of the Service, materials or any other content therein. Notwithstanding anything to the contrary contained in these Terms of Use, our liability to you in respect of any loss or damage suffered by you and arising out of or in connection with these Terms of Use, whether in contract, tort, or for breach of statutory duty or in any other way shall not exceed $50.

C. Exceptions to Disclaimers and Liability Limitations.  Some states or jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages.  If you reside in one of these states or jurisdictions, the limitation or exclusions in Sections 9(A) and 9(B) may not apply to you.  

10. Indemnity. You hereby agree, at your expense, to indemnify, defend and hold harmless, Avery Carrier, its officers, directors, investors, members, managers, partners, affiliates, employees, agents, service providers and other contractors from and against any loss, cost, damages, liability and/or expense, including reasonable attorney fees, arising out of or relating to third party claims, actions or allegations brought against Avery Carrier arising out of your use of the Service. You will not be required to indemnify and hold Avery Carrier harmless from and against any claims, liabilities, damages, losses, or expenses resulting from Avery Carrier’s own negligent conduct.

11. Notice to New Jersey Users. Notwithstanding any terms set forth in these Terms of Use, if any of the provisions set forth in Sections 9 and 10 are held unenforceable, void or inapplicable under New Jersey law, then any such provision shall not apply to you but the rest of these Terms of Use shall remain binding on you and Avery Carrier.  In addition, for New Jersey residents, the limitation on liability is inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.  Notwithstanding any provision in these Terms of Use, nothing in these Terms of Use is intended to, nor shall it be deemed or construed to, limit any rights available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.

13. Notice to California Users. Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please send an email to bookaverycarrier@gmail.com. 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., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

14. Notice to International Users.

The Service is controlled and operated by Avery Carrier from its home office in the United States.  We do not make any representations that the Service or any Materials are available or appropriate for use in your location.  You agree to comply with all local rules applicable to you regarding user conduct on the Internet and acceptable content.  You also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

15. No Modifications by Our Employees.  If any of our employees offer to modify the terms of these Terms of Use, he or she is not acting as an agent for us or speaking on our behalf.  You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.

16. Independent Contractors. Nothing in these Terms of Use shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.

17. Non-Waiver. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of the applicable right or provision.

18. Assignment. We may assign our rights under these Terms of Use without your approval.

19. Entire Agreement.  These Terms of Use constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersede all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.

20. Contact Information.  If you have any questions about the Service or these Terms of Use, you can contact Avery Carrier by email at bookaverycarrier@gmail.com.