Terms & Conditions and Privacy Policy



By accessing the Company’s website (“Avenue Shops Platform”) or process orders through the Avenue Shops Portal (“AveTech”), additional Services (“Services”), or Features (“Features”) you agree and are bound to the Avenue Shops Seller Terms and Conditions Agreement (“Agreement”). This Agreement is made by and between you (“Seller”) and Avenue Shops LLC, a Delaware corporation (“Avenue Shops” or “Company”), and, is made effective on the date this Agreement is electronically accepted by Seller (“Effective Date”). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows:

    1. Company and Seller Responsibilities. Seller shall, subject to the terms and conditions of this Agreement, and any other applicable agreement or document incorporated herein by reference, utilize the Company’s website and tools Avenue Shops Platform and/or AveTech to sell various Company owned items in Seller’s Avenue Shops storefront (“Seller Storefront”), including but not limited to, apparel, fashion products, and home goods (“Product”). Seller will be required to provide information or material about your entity, business or products/services as part of your registration process on the Avenue Shops Platform or use of any Services or Feature or the Seller account. Each Seller represents, warrants, and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Avenue Shops Platform, AveTech, or any other Services or Features is true, accurate, current, and complete, (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete. You shall provide us with the accurate, complete, and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account. Upon acceptance of this Agreement by Company, Seller shall have the right to: (a) sell Product to customers in accordance with this Agreement; and (b) subject to availability, purchase Product at its wholesale price offered by Company. Company shall be responsible for (v) managing Product inventory; (w) processing customer financial information for purchase and sale transactions; (x) shipping Product; (y) processing Product returns; and (z) determining Product pricing.
    2. Seller Account. Seller must be registered with an Account (“Account”) on the Avenue Shops Platform and Ave Tech to access or use some Services. Except with Avenue Shops approval, Seller may only register with one Seller Account on the Avenue Shops Platform and AveTech. Avenue Shops may cancel or terminate a Seller’s Account on the Avenue Shops Platform and AveTech if Avenue Shops has reasons to suspect that the Seller has concurrently registered or controlled two or more Seller accounts.
      A set of Seller e-mail login address and password is unique to a single Account on Avenue Shops Platform and AveTech. Each Seller shall be solely responsible for maintaining the confidentiality and security of your e-mail login and passwords and for all activities that occur under your Account and the linked AveTech Account. No Seller may share, assign, or permit the use of your Seller Account, e-mail login, or password by another person outside of the Seller’s own business entity. Seller agrees to notify Avenue Shops immediately if you become aware of any unauthorized use of your password or your Account or any other breach of security of your Account.
      Seller agrees that all activities that occur under your Account (including without limitation, posting any Company or Product information, clicking to accept additional Agreements or rules, subscribing to or making any payment for Products or Services, sending e-mails using the e-mail Account, or sending SMS/MMS) will be deemed to have been authorized by the Seller.
      Seller acknowledges that sharing of your Account with other persons, or allowing multiple users outside of your business entity to use your Account (collectively, “Multiple Uses”) may cause harm to Avenues Shops or other Seller’s Storefronts. Seller shall indemnify Avenue Shops, our affiliates, directors, employees, contractors, agents, and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the Multiple Uses of your Account. Seller also agrees that in case of the Multiple Uses of your account or Seller’s failure to maintain the security of your account, Avenue Shops shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Seller’s Account.
    3. Fees. There is no fee  to utilize the Avenue Shops Platform or AveTech and sell Product from the Seller Storefront, additional fees may apply to utilize specific Services and Features(“Additional Fees”). Company may, at its sole discretion, create, amend, or discontinue certain aspects of its program pertaining to its Product, business, sellers, and others. Notification of amendments shall be sent to Seller by email and posted on Company’s website. Amendments shall become effective after notification to Seller, but amended policies shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. The continuation of Seller’s business by selling Product in the Seller Storefront, the purchase of Product hereunder, or Seller’s acceptance of payments from the Company after the effective date of any amendment shall constitute Seller’s acceptance of any and all amendments. If Seller is in breach, default or violation of the Agreement at termination of the Agreement, Seller shall not be entitled to receive any further payments or commissions, whether or not the sales for such payments or commissions have been completed. Seller agrees that Company may deduct, withhold, set-off, or charge to any form of payment Seller has previously authorized, any amounts Seller owes or is indebted to Company.
    4. Termination. Company may suspend or terminate your access to Avenue Shops Platform and/or AveTech or any other service or feature, including suspending or terminating your account, at our sole discretion without notice to you. You may cancel your account at any time by opening a conversation via the Avenue Shops Platform help feature (“Chat”) or sending an e-mail to hello@theavenueshops.com. At the time of cancellation, termination, or discontinuation, the following terms of this Agreement will survive: 5-17.If this Agreement is terminated for any reason, Seller shall not be eligible to purchase Products from Company at wholesale prices or make sales on behalf of Company or use any intellectual property, including, without limitation, trademarks, styles, or names of Company (“Intellectual Property”) or any Confidential Information of Company. In the event of termination or non-renewal of this Agreement, all rights of Seller, if any, to any commissions, or other compensation, shall terminate. Notwithstanding anything in this Agreement, Company reserves the right to immediately terminate this Agreement without notice in the event that Seller misrepresents Products or Company, or if the acts of Seller cause a negative impact on the business or reputation of Company.
  • Seller Access. As a condition of your access to the Avenue Shops Platform, AveTech, Services, or Features the Seller agrees to comply with all laws and regulations when using the Avenue Shops Platform, AveTech, Services, and Features. Seller agrees that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any Intellectual Property, information, text, images, graphics, video clips, sound, directories, files, databases, or listings etc. available on the Avenue Shops Platform or partner sites (“Provided Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Provided Content for the purpose of operating a business that competes with Avenue Shops, or otherwise commercially exploiting the Provided Content from the Avenue Shops Platform or partner sites. Systemic retrieval of Provided Content from the Avenue Shops Platform to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices, or manual processes) without written permission from Avenue Shops is prohibited. The use of any Provided content or materials on the Avenue Shops Platform or partner sites for any purposes not expressly permitted in the Agreement is prohibited. Avenue Shops may allow Sellers to access Provided Content, Products, or Services offered by or contained on third party platforms through the Services. Sellers are subject to read each websites’ terms and conditions and/or privacy policies before using the sites. You acknowledge that Avenue Shops has no control over such third party websites, does not monitor such websites, and shall not be responsible or liable to anyone for such websites, or any content, products, or services made available on such websites.
    1. Seller Responsibilities. Each Seller represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third-party licenses and permissions regarding any content (“Seller Content”) that you submit, post or display, even if you obtain it from other Sellers of the Services; (b) any Seller Data that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets, rights of publicity, moral rights, or any other personal or proprietary rights of any third party ("Third Party Rights") cause harm to any third party, or violate any applicable law, rule to include Minimum Advertised Price (“MAP”) policy, or regulation; (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the Seller Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights and (d) you and your affiliates are not the subjects of any trade restrictions, sanctions or other legal restrictions enacted by any country, international organization or jurisdiction.
      Each Seller further represents, warrants and agrees that the Seller Content that you submit, post or display shall: be true, accurate, complete and lawful; not be false, misleading or deceptive; not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors; not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; not violate the Seller Responsibilities, Seller Account policies, the Agreement or any applicable policies, including the Return Policy (“Additional Agreements”) not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations; not contain any link directly or indirectly to any other websites which include any content that may violate the Agreement.
      Each Seller further represents, warrants and agrees that you shall/are: carry on your activities on the Avenue Shops Platform or AveTech in compliance with any applicable laws and regulations; conduct your business transactions with other Sellers of Avenue Shops in good faith; carry on your activities in accordance with the Agreement and any applicable Additional Agreements; not use the Services, Avenue Shops Platform, or AveTech to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards); not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity; not engage in spamming or phishing; not engage in any other unlawful activities (including without limitation those which would constitute a criminal offense, give rise to civil liability, etc.) or encourage or abet any unlawful activities; not involve attempts to copy, reproduce, exploit or expropriate Avenue Shops’s various proprietary brands, directories, databases, and listings; not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; not involve any scheme to undermine the integrity of the data, systems or networks used by Avenue Shops and/or any Account of the Avenue Shops Platforms, AveTech or Services, or gain unauthorized access to such data, systems or networks; not, and your director(s), officer(s), controlling party/ies, affiliates and legal jurisdiction in which any of the foregoing persons or entities is organized or has operations are not, persons or entities that are subject to any economic or fraud sanctions of any governmental, international or regulatory entities; not engage in any activities that would otherwise create any liability for Avenue Shops or our affiliates. Avenues Shops reserves the right to suspend or terminate any Seller Account for violating any of the above policies. 
    2. Returns. Company shall not be responsible for processing customer Product returns. In the event of a damaged or defective Product, Company shall send a replacement (if available), or issue a store credit or refund if the same product is no longer available.
    3. Independent Contractor. Seller shall be an independent contractor and not an employee, franchisee, representative, agent, joint venturer or partner of Company. This Agreement shall not create an employer-employee relationship and shall not constitute a hiring of such nature by any party. Seller is not authorized to, and shall not, obligate Company in any way legally or financially. SELLER UNDERSTANDS THAT SELLER IS NOT, AND SHALL NOT BE TREATED AS, AN EMPLOYEE OF COMPANY FOR FEDERAL OR STATE TAX PURPOSES OR ANY OTHER PURPOSES WHATSOEVER. Seller shall be responsible for and pay Seller's own self-employment taxes, estimated tax liabilities, business equipment or personal property taxes and other similar obligations, whether federal, state or local. Company shall not pay or withhold any FICA, SDI, federal or state income tax or unemployment insurance or tax or any other amounts because the relationship of the parties hereto is not that of employer-employee, but that of independent contractors. Seller shall be solely responsible for the payment of all taxes, withholdings and other amounts due in regard to Seller’s own employees, if any. Seller shall establish Seller’s own goals, working hours and methods of sale, so long as Seller complies with the terms of this Agreement and all applicable laws. Company does not maintain or enforce exclusive sales areas or territories for the benefit of Seller. Seller expressly acknowledges that neither this Agreement, nor any Commissions or programs pertaining to the Product or business of Company constitutes a franchise, business opportunity, or seller assisted marketing plan or other regulated sales relationship. Specifically, Company does not represent that Seller can earn any amount hereunder.
    4. E-Sign. Seller may execute this Agreement pursuant to the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) and any similar state laws (collectively “E-Sign Laws”). Accordingly, this Agreement constitutes an electronic record in satisfaction of the provisions of 15 U.S.C. §7006(4) and the E-Sign Laws. Seller acknowledges that this Agreement is capable of retention by the recipient at the time of receipt in satisfaction of the E-Sign Laws. Seller acknowledges that Seller is able to access, print and/or store this Agreement pursuant to the E-Sign Laws.
    5. Confidential Information. Unless specified in writing otherwise by Company, all information provided by Company to Seller is and shall remain confidential (“Confidential Information”). The Confidential Information shall include, but not be limited to, all customer information, customer and client lists, sales information, wants and needs of customers, agreements, communications, plans, designs, reports, projections, budgets, proformas, or other materials, whether or not furnished or prepared by Company or its agents (as herein defined). Seller shall: (i) not directly or indirectly divulge, disclose, disseminate, distribute, license, sell, use or otherwise make known any Confidential Information to any third party or person or entity not expressly authorized or permitted by Company to receive such Confidential Information; (ii) use best efforts to prevent disclosure of any Confidential Information to any third party and exercise the highest degree of care and discretion in accordance with all express duties hereunder to prevent the same; and (iii) not directly or indirectly make any use whatsoever of the Confidential Information or Intellectual Property, or of any feature, specification, detail or other characteristic contained in or derived from, the Confidential Information or Intellectual Property, except for purposes of performing services hereunder.
    6. Customer Privacy. Seller is responsible for protecting customer’s personal information that comes into the possession of Seller (including, but not limited to, buyer name, email address, and shipping address, such information the “Customer Personal Information”). To the extent Seller’s local jurisdiction requires it, Seller must maintain a privacy policy for Seller’s Storefront that is consistent with the privacy terms set forth in Company’s Privacy Policy. Seller, and not Company, is responsible for any Customer Personal Information Seller receives. Seller shall not disclose or use (including, but not limited to, unsolicited commercial messages, unauthorized transactions, creating a mailing list, and/or marketing) any Customer Personal Information without the customer’s consent. In the event Seller and Company are found to be joint data controllers of Customer Personal Information, and if Company is sued, fined, or otherwise incurs expenses related to Seller’s actions, Seller’s Storefront, or anything pertaining to this Agreement, Seller shall indemnify Company for the expenses it occurs in connection with Seller processing customer information.
    7. Data Protection. Certain personally identifiable information (PII) is collected by Company for the sole purposes of providing services to Seller. This Data Protection section explains why Company processes this data and outlines the measures we have implemented to safeguard this information.
      1. Information Collection and Purpose: When processing ecommerce orders on behalf of Seller, we collect and store certain PII about their customers. The information collected includes the customers' first name, last name, full address, phone number, and email address. We require this information solely for the purpose of efficiently and accurately shipping orders and providing related customer support regarding orders to Seller.
      2. Data Security Measures: We prioritize the security and integrity of the data entrusted to us. To ensure the protection of PII, we have implemented the following industry-standard security measures:
        1. Encryption: All data transferred between our systems and the clients' systems is encrypted using Secure Sockets Layer (SSL) protocols. PII data stored within our database is also encrypted to provide an additional layer of protection.
        2. Internal Safeguards: We maintain rigorous internal safeguards to limit employee access to PII data. These safeguards include strong password policies, role-based access control, and regular access monitoring. Only authorized personnel who require access to perform their duties have permission to view or handle customer data.
        3. Data Access Tracking: We employ robust systems to track and monitor all access to PII data. This allows us to maintain an audit trail of interactions with the data, ensuring accountability and enabling prompt identification of any potential unauthorized access attempts.
        4. Secure Storage and Backups: PII data is encrypted and stored securely within our databases. All backups of our databases are also encrypted, ensuring that data remains protected even in the event of a system failure or disaster.
      3. Limited Use and Non-Disclosure: We strictly adhere to a policy of not selling, renting, or otherwise disclosing any PII collected during the order fulfillment process. The information is used solely for the purpose of shipping orders and providing related customer support. We do not engage in any marketing activities using this data.
      4. Compliance with Applicable Laws and Regulations: We are committed to complying with all relevant data protection laws and regulations. This includes, but is not limited to, the General Data Protection Regulation (GDPR) for clients and customers located in the European Union (EU), the California Consumer Privacy Act (CCPA) for clients and customers located in California, and any other applicable regional or national data protection laws.
      5. Data Retention: We retain PII data only for as long as necessary to fulfill our contractual obligations and legal requirements. Once the retention period expires, we securely delete or anonymize the data to ensure it cannot be linked back to any individual.
    8. Indemnification. Company, its parent or affiliated companies, directors, officers, shareholders, members, managers, employees, assigns, and agents (collectively “affiliates”), shall not be liable for, and Seller releases, defends, and holds harmless Company and its affiliates from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement. Seller further agrees to release, defend, and hold harmless Company and its affiliates from all liability arising from or relating to Seller’s promotion or operation of Seller’s Avenue Shops business, Seller Storefront, and any activities related thereto and any matters set forth herein, and agrees to indemnify Company and its affiliates for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that Seller undertakes in operating Seller’s independent Seller Storefront.
    9. Publicity. Seller hereby grants to Company an irrevocable license to use Seller’s name, photograph, likeness, personal story, testimonial, and/or Avenue Shops business history or information in advertising and promotional materials and waives all claims for remuneration for such use. Seller waives any right to inspect or approve the same prior to publication by Company.
    10. Assignment. Seller may not assign this Agreement or any rights hereunder without the prior written consent of Company. Any attempt to transfer or assign the Agreement or any rights under the Agreement without the express written consent of Company renders the Agreement voidable at the option of Company.
    11. Governing Law. This Agreement will be governed by and construed in accordance with the Federal Arbitration Act, federal arbitration law, and the laws of the State of Utah without regard to principles of conflicts of laws. Except as otherwise expressly set forth in Section 16 Dispute Resolution, the exclusive jurisdiction for all disputes (defined below) and that you and Avenue Shops are not required  to arbitrate will be the state and federal courts located in lin Salt Lake City, Utah, and you and Avenue Shops each waive any objection to jurisdiction and venue in such courts.
    12. Dispute Resolution. Notwithstanding section 15, you and Avenue Shops agrees to resolve any all claims and disputes relating in any way to this Agreement ("Disputes"), except for Disputes concerning the validity, scope or enforceability of this section 16 ("Arbitration Provision") through BINDING INDIVIDUAL ARBITRATION. This Arbitration Provision is made with respect to transactions involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the "FAA"). It is the intent of the parties that the FAA shall preempt all state laws to the fullest extent permitted by law. If the FAA is found to not apply or not preempt state law as to any issue that arises under this Arbitration Provision or the enforcement thereof, then such issue shall be resolved under the laws of the state of Utah in accordance with section 16.
      Individual Arbitration. By entering into this Arbitration Provision, neither Seller nor Avenue Shops will be able to have the dispute settled by a court or jury trial or to participate in a class action, collective action, class arbitration, or other representative action or proceeding. Other rights that you, the Seller and we, Avenue Shops would have if you or we went to court will not be available or will be more limited in arbitration, including the right to appeal. You the Seller and we Avenue Shops each understand that by agreeing to resolve any dispute through individual arbitration, WE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator(s) may not consolidate more than one party's claims and may not otherwise preside over any form of a representative or class proceeding. Further, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from arbitration and may be brought in court. If any portion of this Arbitration Provision other than this paragraph's limitations is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Provision.
      Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
    13. Survival. Sections 5-18 shall survive termination of this Agreement.

    By typing your name below and/or clicking “I Accept” you confirm that you have read these Avenue Shops Seller Terms and Conditions, and that you understand such terms and conditions and agree to be bound by them.

    SMS/Text Message Terms and Conditions. (US Based Text Messaging Programs)
    By consenting to Avenue Shops’ SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Avenue Shops through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology.
    Program Description.
    Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
    You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Avenue Shops. Your participation in this program is completely voluntary.
    We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider.
    Message Frequency.
    Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
    How to Opt-In.
    To opt-in to receive text messages from an Avenue Shops’ SMS/text messaging program(s), please follow the instructions provided as part of the onboarding sign up process.
    How to Opt-Out.
    To stop receiving text messages from a specific Avenue Shops’ SMS/text messaging program, text STOP to the text messaging program from which you no longer wish to receive messages, or 92453. You acknowledge that you may then receive one (1) final message from Avenue Shops confirming your opt-out of that SMS/text messaging program. Following such confirmation message, no additional SMS/text messages associated with that program will be sent to you unless you re-activate your subscription by texting the word START. This will only opt you out of the specific text messaging program associated with that number. You will remain opted in to other Avenue Shops’ SMS/text messaging programs until you Opt out from the specific number you received text from.
    Your Mobile Telephone Number.
    You represent that you are the account holder for the mobile telephone number(s) that you enroll. You are responsible for notifying Avenue Shops immediately if you change your mobile telephone number. You may notify Avenue Shops of a number change by contacting Customer Happiness (hello@theavenueshops.com).
    You agree to indemnify Avenue Shops in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Avenue Shops if you change your telephone number including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
    Access or Delivery to Mobile Network is Not Guaranteed.
    It is your responsibility to determine if your mobile carrier supports text messaging and if your mobile device is capable of receiving text messages. Your receipt of our text messages is subject to the terms and conditions of your agreement(s) with your mobile carrier.
    Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Avenue Shops’ control, and Avenue Shops is not responsible or liable for issues arising from such network services (e.g., delayed or undelivered messages or the security of any messages).
    Supported Carriers.
    Supported carriers may change from time to time, but currently include: AT&T, T-Mobile, Sprint, Boost, Virgin Mobile, Verizon, U.S. Cellular, among others.
    Carriers are not liable for delayed or undelivered messages.
    To request more information, text HELP to the text messaging program about which you have questions or 92453. You may also receive help by contacting Avenue Shops Customer Happiness team at hello@theavenueshops.com
    To receive Avenue Shops’ SMS/text messages, you must be a resident of the United States and 18 years of age or older. Avenue Shops reserves the right to require you to prove that you are at least 18 years of age.
    Changes to Terms and Conditions.
    Avenue Shops may revise, modify, or amend these Avenue Shops SMS/Text Message Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to the Avenue Shops Platform Terms and Conditions. You agree to review these Avenue Shops SMS/Text Message Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Avenue Shops’ SMS/text messages will indicate your acceptance of those changes.
    Termination of Text Messaging.
    We may suspend or terminate your receipt of Avenue Shops’ SMS/text messages if we believe you are in breach of these Avenue Shops SMS/Text Message Terms and Conditions. Your receipt of Avenue Shops’ SMS/text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Avenue Shops reserves the right to modify or discontinue, temporarily or permanently, all or any part of Avenue Shops’ SMS/text messages, with or without notice.