TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS.
YOU AND AwakenAndBecome.com
Your use of AwakenAndBecome.com’s products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by AwakenAndBecome.com under a separate written agreement) is subject to the terms of a legal agreement between you and AwakenAndBecome.com. You also understand and agree that the Services may include advertisements and that these advertisements are necessary for AwakenAndBecome.com to provide the Service. This document explains how the agreement is made up, and sets out some of the terms of that agreement (the “Terms”). When you access the AwakenAndBecome.com site and also when you use any of the Services, you agree to and are bound by the Terms.
Where AwakenAndBecome.com has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with AwakenAndBecome.com. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
ACCESS TO SERVICES, AND PROVISION OF SERVICES
AwakenAndBecome.com may modify or stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at AwakenAndBecome.com’s sole discretion, without prior notice to you. You may stop using the Services at any time, there is no need for you to notify AwakenAndBecome.com. AwakenAndBecome.com may, in its sole discretion and only if it deems necessary, fix the number of transmissions, you, the user, may have.
PROPRIETARY RIGHTS
You acknowledge and agree that AwakenAndBecome.com (or AwakenAndBecome.com’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights whether those rights are registered or not, and wherever in the world those rights may exist. Use of the Services does not give you any right to use any of AwakenAndBecome.com’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
Other than as provided in these Terms, AwakenAndBecome.com acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content. You agree that you are solely responsible for protecting and enforcing any rights you believe you may have.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Services.
LICENSE FROM AwakenAndBecome.com
By agreeing to these Terms, and signing up with AwakenAndBecome.com with a paid subscription, you will enjoy a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software (“Software”) provided to you by AwakenAndBecome.com as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by AwakenAndBecome.com, in the manner permitted by these Terms.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by AwakenAndBecome.com, in writing. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services other than through the interface AwakenAndBecome.com provides. You agree not to download, extract, copy, or in any way shape or form replicate the "Content" as defined in the CONTENT IN THE SERVICES section unless you have been specifically told that you may do so by AwakenAndBecome.com, in writing.
CONTENT IN THE SERVICES
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
You should be aware that Content presented to you as part of the Services is protected by intellectual property rights and United States Copyrights (c) which are owned by AwakenAndBecome.com.
You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to AwakenAndBecome.com (or by other persons or companies on their behalf).
AwakenAndBecome.com reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that you use the Services at your own risk.
You agree that you are solely responsible for any Content that you create, transmit or display while using the Services and for the consequences of your actions, including any loss or damage AwakenAndBecome.com may suffer, by doing so.
CONTRIBUTIONS TO AwakenAndBecome.com
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to AwakenAndBecome.com through its suggestion or feedback web pages, you acknowledge and agree that your Contributions automatically become the property of AwakenAndBecome.com without any obligation of AwakenAndBecome.com to you, and that you are not entitled to any compensation or reimbursement of any kind from AwakenAndBecome.com under any circumstances.
NO RESALE OF SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of, use of, or access to, the Services.
USE OF THE SERVICES BY YOU
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to AwakenAndBecome.com will always be accurate, correct and up to date.
You agree to use the Services only for purposes that are permitted by:
(A) the Terms and
(B) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the or other relevant countries).
You agree not to use AwakenAndBecome.com Services to:
(A) upload, post, email, transmit, share or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(B) harm minors in any way;
(C) impersonate any person or entity, including, but not limited to, a AwakenAndBecome.com representative or falsely state or otherwise misrepresent your affiliation with a person or entity;
(D) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(E) upload, post, email, transmit, share or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(F) upload, post, email, transmit, share or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, license or other proprietary rights ("Rights") of any party;
(G) upload, post, email, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(H) intentionally or unintentionally violate any applicable local, state, national or international law;
(I) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
(J) upload, post, email, transmit, share or otherwise make available any information that poses or creates a privacy or security risk to any person;
(K) "stalk" or otherwise harass another; and/or
(L) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs (A) through (K) above.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services) or interferes with any other party's use and enjoyment of any Services.
You agree that you are solely responsible for (and that AwakenAndBecome.com has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which AwakenAndBecome.com may suffer) of any such breach.
USE OF CREDENTIALS, SHARING AND PROXIES
YOUR ACCOUNT SECURITY
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. For added security, YOU MAY NOT:
(A) use your AwakenAndBecome.com passwords with any other service
(B) use your browser to save your AwakenAndBecome.com passwords
Accordingly, you agree that you will be solely responsible to AwakenAndBecome.com for all activities that occur under your account.
If you become aware of any unauthorized use of your password or of your account, you agree to immediately notify AwakenAndBecome.com at awakenandbecome@gmail.com.
You must always ensure that you exit from your account at the end of each session. AwakenAndBecome.com is not reliable for any loss or damage arising from your failure to comply with these Terms.
For information about AwakenAndBecome.com’s data protection practices, please read AwakenAndBecome.com’s Privacy Policy at http://www.awakenandbecome.com/privacy.php. This policy explains how AwakenAndBecome.com treats your personal information, and protects your privacy, when you use the Services.
COPYRIGHT AND TRADEMARK INFORMATION
“AwakenAndBecome.com” is a registered party/domain of Hypnosis for Wellness LLC, DBA It's All About Energy. All other trademarks, trade names, service marks, service names are the property of their respective holders.
TERMINATION
The Terms will continue to apply until terminated by either AwakenAndBecome.com or when you terminate your account with AwakenAndBecome.com and cease using all AwakenAndBecome.com Services.
AwakenAndBecome.com may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) AwakenAndBecome.com is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) AwakenAndBecome.com is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(D) the provision of the Services to you by AwakenAndBecome.com is, in AwakenAndBecome.com’s opinion, no longer commercially viable; or
(E) there is a nonpayment of any fees owed by you in connection with the Services or if there are any attempts to circumvent fees.
DISCLAIMER OF WARRANTIES
NOTHING IN THESE TERMS, SHALL EXCLUDE OR LIMIT AwakenAndBecome.com’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
IN PARTICULAR, AwakenAndBecome.com, ITS RESPECTIVE DIRECTORS, LICENSORS, AFFILIATES, SUBSIDIARIES, PARTNERS, OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES AND THEIR CONTENT WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AwakenAndBecome.com OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
AwakenAndBecome.com FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AwakenAndBecome.com, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
1. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
2. ANY CHANGES WHICH AwakenAndBecome.com MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
3. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
4. YOUR FAILURE TO PROVIDE AwakenAndBecome.com WITH ACCURATE ACCOUNT INFORMATION;
5. ANY USE OF THE SERVICES AND/OR CONTENT PROVIDED BY AwakenAndBecome.com;
6. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THE LIMITATIONS ON AwakenAndBecome.com’S LIABILITY TO YOU APPLY WHETHER OR NOT AwakenAndBecome.com HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING, AND YOU EXPRESSLY AGREE THAT YOU ARE FULLY RESPOSIBLE FOR ALL INFORMATION THAT YOU MAY USE AND SHARE THROUGH THE SERVICES AND SPECIFICALLY FOR ANY INFORMATION THAT YOU MAY HAVE ACCESS OR PRVILEGE TO, FROM ANY THIRD PARTY PROVIDER. THE USER SHALL ASSUME AND BEAR ANY AND ALL RESPONSIBILITY, LIABILITY, AND DAMAGE THAT MAY INCUR AS A RESULT OF ANY LOST, COMPROMISED, OR STOLEN INFORMATION RESULTING FROM USE OF THESE SERVICES.
INDEMNIFICATION
By using the Services, you agree to indemnify, defend and hold AwakenAndBecome.com, and its respective directors, licensors, affiliates, subsidiaries, partners, officers, employees, directors, agents, contractors, representatives, successors and assigns, harmless from and against any and all claims, actions, demands, proceedings, losses, liabilities, damages, costs and expenses (including legal fees, costs and expenses on a full indemnity basis) suffered or incurred by AwakenAndBecome.com arising out of or relating to (directly or indirectly):
(A) Your actions that are inconsistent with or in breach of these Terms;
(B) Your violation of any applicable national or international law, rule or regulation in connection with use of the AwakenAndBecome.com Services;
(C) Use of any of the information offered by the AwakenAndBecome.com Services and/or Content; and
ADVERTISEMENTS
Some of the Services are supported by advertising revenue and may display advertisements and promotions. For more information about advertisements, please see our Privacy Policy at http://www.awakenandbecome.com/privacy.php.
In consideration for AwakenAndBecome.com granting you access to and use of the Services, whether for free, on trial basis, or for a paid subscription fee, you agree that AwakenAndBecome.com may place such advertising on the Services.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that AwakenAndBecome.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
THIRD PARTY WEBSITES AND CONTENT
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because AwakenAndBecome.com has no control over such sites and resources, you acknowledge and agree that AwakenAndBecome.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that AwakenAndBecome.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
AwakenAndBecome.com SERVICES
The AwakenAndBecome.com Services include certain services that are available via your mobile phone, including the ability to receive AwakenAndBecome.com security codes using SMS text messaging ("Mobile Services"). We do not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. By using the Mobile Services, you agree that we may communicate security codes with you by SMS, MMS, text message or other electronic means to your mobile device. In the event you change or deactivate your mobile telephone number, you agree to promptly update your AwakenAndBecome.com account information to ensure that your messages are not sent to the person that acquires your old number.
ENTIRE AGREEMENT
These Terms of Service constitute the entire agreement between you and AwakenAndBecome.com and governs your use of the Services, superseding any prior agreements between you and AwakenAndBecome.com with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other AwakenAndBecome.com services, affiliate services, third-party content or third-party software.
NO WAIVER
No failure or delay on the part of AwakenAndBecome.com in exercising any right or remedy under these Terms shall operate as a waiver of, or impair, any such right or remedy. No single or partial exercise of any right or remedy shall preclude any other or further exercise thereof or the exercise of any other rights or remedies. No waiver of any right or remedy shall be deemed a waiver or modification of any other right or remedy under these Terms. A specific, written waiver signed by an authorized representative of AwakenAndBecome.com may only provide a legal waiver.
SEVERABILITY
If any provision of these Terms shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
NO RIGHT OF SURVIVORSHIP AND NON-TRANSFERABILITY
You agree that your AwakenAndBecome.com account is non-transferable and any rights to your AwakenAndBecome.com account or contents within your account terminate upon your death unless specified in a separate agreement with AwakenAndBecome.com. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement.
STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
GOVERNING LAW AND JURISDICTION
These Terms and any disputes arising under or related to these Terms (whether for breach of contract, tortuous conduct or otherwise) and any claim relating to the Content shall be governed by the laws of the State of New Hamphsire without regard to its conflict of laws provisions, and venue shall be before the courts of the State of New Hampshire, County of Hillsborough. By using AwakenAndBecome.com Services, and thus agreeing to these Terms, you agree that any dispute to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms, shall be settled through binding arbitration under the American Arbitration Association Rules of Arbitration, located in the State of New Hampshire, should AwakenAndBecome.com choose to attempt to resolve a dispute through binding arbitration. If AwakenAndBecome.com elects not to resolve a dispute through arbitration or such a dispute resolution procedure is not available, you agree to litigate a dispute in the venues and jurisdictions noted above. Notwithstanding this, you agree that AwakenAndBecome.com shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
NOTICE
AwakenAndBecome.com may provide you with notices, including those regarding changes to the Terms, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Service, or other reasonable means now known or hereinafter developed. The most current version of the Terms can be reviewed by clicking on the "Terms of Service" hypertext link located at the bottom of our Web pages.