We may revise these Terms at any time. We'll post notice of modifications to these terms on this page. Your continued usage of these Services will mean you accept those changes. If you do not agree to the modified terms, please discontinue your use of the Services.
By visiting the Services and accepting these Terms, you represent and warrant to Aveda that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms. You also represent and warrant to Aveda that you will use the Services in a manner consistent with any and all applicable laws and regulations.
3. USE RESTRICTIONS
The content on these Services, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from Aveda's licensors, and other materials (“Contents”) is protected by copyright under both United States and foreign laws. Any use of the Contents not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Aveda or its licensors.
As long as you comply with these Terms, Aveda grants you a non-exclusive limited, non-transferable license to use the Services. You may not distribute or make the Services available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. Any attempt to do so is a violation of these Terms. If you breach this restriction, you may be subject to prosecution and damages. These Terms will govern any upgrades Aveda implements to replace and/or supplement the original Services, unless the upgrade is accompanied by separate or updated Terms. If you violate any of these Terms, you may no longer use the Contents and you must immediately destroy any copies you have made of any portion of the Contents.
You may not, without Aveda's written permission, “mirror” any Contents contained in these Services or any other server. You may not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services through hacking, password mining or any other means. Aveda reserves the right, in its sole discretion, to terminate your access to the Service, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
4. USER SUBMISSIONS
Except as provided under Submission of Ideas (below), Aveda does not claim ownership of any information or material a user provides to Aveda or posts, uploads, input, submits, or transmits to these Services (“Submission”). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or engage in “spamming”; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Services, or which, in the judgment of Aveda, exposes Aveda or any of its licensors, partners, or customers to any liability or detriment of any type.
By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by Aveda. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—Aveda a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, Aveda is not required to use any Submission.
You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. Aveda is not responsible for the consequences of any Submission. Aveda is not responsible for screening or monitoring Submissions made to this Services by users. If notified by a user of a Submission allegedly in violation of these Terms, Aveda may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. Aveda will have no liability or responsibility to users for performance or nonperformance of such activities.
Aveda reserves the right (but is not obligated) to: (a) record the dialogue on the Services; (b) investigate an allegation that a Submission does not comply with these Terms and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms; (d) terminate a user’s access to any or all parts of the Service upon any breach of these Terms or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the Services, regardless of whether such Submission violates these Terms.
5. SUBMISSION OF IDEAS
Aveda’s policy is to not accept or review unsolicited ideas or suggestions from persons outside Aveda. Notwithstanding such policy, any ideas, suggestions, know-how, or concepts that are offered or communicated to Aveda through these Services or otherwise shall be the property of Aveda, and may be treated by Aveda as non-confidential information. Aveda shall have the unrestricted right to use and disclose such ideas, suggestions, know-how or concepts for any purpose without compensation or obligation to any party.
Any and all offers or promotions advertised on these Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.
7. LIABILITY OF Aveda AND ITS LICENSORS AND PARTNERS
The use of the Services or the Contents is at your own risk. The Contents in this Services could include technical inaccuracies or typographical errors. Aveda may make changes or improvements at any time.
THE CONTENTS IN THIS SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Aveda DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Aveda DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Aveda DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Aveda) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
8. YOUR ACCOUNT
If you use these Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Aveda reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
9. CONTACT WITH THIRD PARTIES AND THIRD PARTY WEBSITES
The Services may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). Aveda does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. Aveda is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Services. You agree that Aveda shall have no liability for any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Services.
The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Services does not indicate Aveda’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the Services, or based on such third party’s participation or presence on the Services, are solely between you and the third party. Aveda makes no representations or warranties regarding the content, ownership, or legality of any linked third party website. If you choose to leave the Services to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.
You agree to defend, indemnify, and hold Aveda, its officers, directors, employees, agents, licensors, and partners, harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Services or Contents, or your violation of these Terms.
11. MODIFICATION OR SUSPENSION OF THE SERVICES
You agree that Aveda may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the Services, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.
12. APPLICABLE LAWS
These Terms are governed in accordance with the laws of Ohio, United States of America , without regard to its conflict of law provisions. You and Aveda hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts of Cincinnati, Ohio for the adjudication or disposition of any claim, action or dispute arising out of these Terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Aveda makes no claims that the Contents are appropriate or may be downloaded outside of the United States. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
13. MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS
As a condition for enrollment in the Aveda Fredric’s Institute (“Aveda”), students enter into an agreement which provides that all disputes between a student and Aveda will be resolved by BINDING ARBITRATION.
Students thus GIVE UP THEIR RIGHT TO GO TO COURT to assert or defend their rights under their enrollment agreement (EXCEPT for matters that may be taken to SMALL CLAIMS COURT).
- A student’s rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.
- Students are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT.
- Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
As a further condition for enrollment, students also agree that any dispute or claim that they may bring will be brought solely in the student’s individual capacity, and not as a plaintiff or class member in any purported class action, representative proceeding, mass action or consolidated action.
Notwithstanding the student’s agreement to resolve any disputes with Aveda by binding arbitration:
- Aveda does not require a Federal student loan borrower to participate in arbitration or any internal dispute resolution process offered by the institution prior to filing a borrower defense to repayment application with the U.S. Department of Education pursuant to 34 CFR § 685.206(e);
- Aveda does not, in any way, require students to limit, relinquish, or waive their ability to pursue filing a borrower defense claim, pursuant to 34 CFR § 685.206(e) at any time; and
- Any arbitration required by the pre-dispute arbitration agreement with Aveda tolls the limitations period for filing a borrower defense to repayment application pursuant to 34 CFR § 685.206(e)(6)(ii).
Binding arbitration with Aveda will be conducted by the American Arbitration Association (the “AAA”), under its Consumer Arbitration Rules.
Effective July 1, 2020
You may begin the arbitration process by getting together the following documents:
- Notice of Arbitration and/or a Statement of Claim explaining the nature of the dispute and the relief requested
- The enrollment agreement that refers to
- Any supporting documents or exhibits
- Appropriate filing fee
the A A A
When you have all the above documents ready, you can file your case in any one of the following ways:
- Online: https://apps.adr.org/webfile
- Email box: firstname.lastname@example.org
- Facsimile: 1 877-304-8457 or +1 212-484-4178 (fax number outside the US)
- Mail: American Arbitration Association—Case Filing Services, 1101 Laurel Oak
Road, Suite 100, Voorhees, NJ 08043, USA
More information about the AAA arbitration process and the AAA Consumer
Arbitration Rules can be obtained at www.adr.org or 1-800-778-7879. For more information about the Aveda’s arbitration process please contact:
6281 Tri-Ridge Blvd Suite140 Loveland, OH 45140
14. NOTICE AND TAKE DOWN PROCEDURES
If you believe any Submission accessible on or from the Services infringes your copyright, you may request removal of those materials (or access thereto) from these Services by contacting Aveda (address identified below) and providing the following information:
- (a) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
- (b) Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission;
- (c) Your name, address, telephone number, and (if available) email address;
- (d) A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law;
- (e) A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative; and
- (f) A signature or the electronic equivalent from the copyright holder or authorized representative.
Our address for copyright issues relating to this website is as follows:
6281 Tri-Ridge Blvd Suite140
Loveland, OH 45140
If you receive a notification of alleged copyright infringement, and believe that the claim is erroneous, you may submit a counter-notification to Aveda Designated Agent within thirty (30) days of the date the Content was removed from the Services. A counter-notification must be a written communication that includes substantially the following:
- Identification of the material that has been removed or disabled and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number, and e-mail address.
- A statement “under penalty of perjury” that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material.
- A signature or the electronic equivalent of the person submitting the counter-notification.
Upon receipt of a counter-notification in accordance with the above, Aveda shall promptly provide the complaining party with a copy. The complaining party shall have within ten (10) business days to inform Aveda that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the Services. If Aveda receives such notification within ten (10) business days, Aveda shall not replace the removed Content or cease disabling access to it. If Aveda does not receive such notification from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the Services, then Aveda shall replace the removed Content or cease disabling access to it within four (4) business days following the expiration of the ten (10) business day deadline.
In accordance with the DMCA and other applicable law, Aveda may, in appropriate circumstances, at Aveda sole discretion, terminate access to the Services of any user that Aveda finds to be a repeat infringer. Aveda reserves the right to define the criteria by which Aveda will determine that a user is a “repeat infringer.” In the event that “repeat infringer” is defined by statute, law, or regulation as applicable to 17 USC § 512, Aveda will adopt that definition as a minimum standard. Without limiting Aveda right to define “repeat infringer,” as a general rule, Aveda will define a “repeat infringer” as any person or entity about whom Aveda has received three or more DMCA notifications of alleged infringement in accordance with the procedures outlined above. Aveda will take into account all relevant facts and circumstances when determining whether or not termination of access and/or use privileges of a “repeat infringer” is appropriate.
If you believe that a user is a repeat infringer, please follow the instructions above to contact Aveda Designated Agent and provide information sufficient for us to verify that the user has been determined to be in violation of the DMCA repeatedly.
In an effort to protect the rights of copyright owners, Aveda maintains a policy for the termination, in appropriate circumstances, of users of these Services who are repeat infringers.
15. COMPLETE AGREEMENT