TERMS OF SERVICE
Awesome Company Worldwide LLC
Last Updated: January 2025
Awesome Company Worldwide, LLC (referred to as “Awesome,” “our,” “us,” or “we”)
provides the website located at http://www.awesomecompany.com (or successors
URL) and our related services and materials (collectively, the “Service”) subject to
your compliance with all the terms, conditions, and notices contained or reference
herein (the “Terms of Service”), as well as any other written agreement between us
(or your company). Subject to your compliance with these Terms of Service and any
other posted guidelines or rules, Awesome grants you permission to use the Service
as set forth below.
PLEASE CAREFULLY READ THE FOLLOWING AGREEMENT. BY REGISTERING,
ACCESSING, BROWSING, OR OTHERWISE USING THE SERVICE, YOU
ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND
BY THE FOLLOWING TERMS OF SERVICE, INCLUDING THE AWESOME PRIVACY
POLICY AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”). IF
YOU ARE NOT ELIGIBLE, OR AT ANY TIME YOU DO NOT AGREE TO THESE TERMS,
THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE.
IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, PLEASE
LEAVE THE SERVICE NOW. YOUR AGREEMENT WITH US REGARDING
COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE
IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE or APP.
As used in these Terms of Service, references to our “Affiliates” includes our owners,
subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors,
and advertisers, and includes (without limitation) all parties involved in creating,
producing, and/or delivering this site and/or its contents.
A. ELIGIBILITY; REGISTRATION INFORMATION AND PASSWORD
- Eligibility. The Service is not intended for persons under the age of 13 or for
any users suspended or removed from the Service by Awesome. By using the
Service, you represent that you are at least 13 years of age and have not been
previously suspended or removed from the Service. If you are older than 13 but
younger than 18 years of age (“Minor Child”), you must have parental consent
before registering for the Service. If you have agreed to allow your Minor Child to
use the Service, you agree that you shall be solely responsible for: (a) the online
conduct of such Minor Child; (b) monitoring such Minor Child giving access to and use of
the Service; and (c) the consequences of any use of the Service by such Minor Child.
If you are using or registering an account on the Service on behalf of a company,
entity, or organization (a “Subscribing Organization”), then you represent and
warrant that you are an authorized representative of that Subscribing Organization
with the authority to bind such organization to these Terms, and that you agree to
be bound by these Terms on behalf of such Subscribing Organization. - Registered Account. In order to access some features of the Service, you will
have to create an account. You represent and warrant that the information you
provide to Awesome upon registration and, at all other times, will be true, accurate,
current and complete. You also represent and warrant that you will ensure that this
information is kept accurate and up-to-date at all times. If you register you will be
asked to provide a password. As you will be responsible for all activities that occur
under your password, you should keep your password confidential. You are solely
responsible for maintaining the confidentiality of your account and password, for
restricting access to your computer and for logging off of the Service at the end of
each session. You agree to accept responsibility for all activities that occur under
your account or password. If you have reason to believe that your account is no
longer secure (for example, in the event of a loss, unauthorized disclosure or use of
your account ID or password), you shall immediately notify Awesome at
[email protected]. YOU MAY BE LIABLE FOR THE LOSSES INCURRED
BY Awesome OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT. - Payment. The Service may permit you to make payments or donations.
Before you pay any amount, you will have an opportunity to review and accept the
amount that you will be charged. All amounts are in U.S. dollars and are non refundable. You authorize Awesome or its third party payment processor to charge
all sums as described in these Terms, for the Service you select, to that payment
method. If you pay any fees with a credit card, Awesome or its third party payment
processor may seek pre-authorization of your credit card account prior to your
purchase to verify that the credit card is valid and has the necessary funds or credit
available to cover your purchase.
B. USE OF THE SERVICE- PERMISSIONS AND RESTRICTIONS - Service Access. Awesome grants you permission to use the Service as set
forth in these Terms, provided that and so long as (i) you use the Service solely for
your personal, private, noncommercial use unless otherwise agreed to by Awesome;
(ii) you do not download, reproduce, redistribute, retransmit, publish, resell,
publicly display or otherwise exploit any portion of the Service in any medium
without Awesome’s prior written authorization or unless expressly permitted in
these Terms; (iii) you do not alter or modify any part of the Service other than as
may be reasonably necessary to use the Service for its intended purposes; (iv) you
do not engage in any of the prohibited uses described below; and (v) you otherwise
fully comply with these Terms. You understand that certain portions of the Service
may not be accessible to all users, including but not limited to our online
community. Awesome reserves the right to terminate or suspend your account,
deny you permission to access the Service or deny you permission to register an
account for any reason or no reason whatsoever. Awesome reserves the sole right
to either modify or discontinue the site, including any features therein, at any time
with or without notice to you. We shall not be liable to you or any third party
should we exercise that right. - Ownership; Proprietary Rights. As between the parties, the Service, including
the content, visual interfaces, interactive features, information, graphics, design,
compilation, computer code, products, software, services, patents, trademarks,
service marks, trade names and other intellectual property (collectively, the
“Content”) and all other elements of the Service are owned and operated by
Awesome, its affiliates and/or its licensors. You acknowledge and agree that all
content presented to you on this site is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws, and is the sole property of
Awesome and/or its Affiliates. Certain of the ideas, software and processes
incorporated into the Awesome service that is available on this site will be the
subject of patent applications in the United States and in selected foreign
jurisdictions. You agree that you are permitted to use this Content only as set forth
in and to the extent permitted by these Terms. Except as expressly authorized by
Awesome or expressly authorized by law, you agree not to reproduce, distribute,
translate, bundle, merge, sell, license, distribute, copy, publicly perform or display,
transmit, edit, adapt, modify, create derivative works from, or otherwise make
unauthorized use of the Service. Awesome reserves all rights not expressly granted
in these Terms. Your use of the Service does not grant you any right, title, license or
interest to the Service, except for the limited rights set forth in these Terms. All
trademarks, service marks, and trade names are proprietary to Awesome, its
affiliates and/or its licensors and may not be exploited without the express
permission of the owner of such marks or as otherwise authorized under these
Terms. Except as provided in these Terms, any use or reproduction of the
Intellectual Property is prohibited.
C. PRIVACY; ADDITIONAL TERMS - Privacy. Your privacy is important to Awesome. The Service privacy
policies for Awesome are hereby incorporated into these Terms by reference.
Please read the Privacy Policies carefully for information relating to
Awesome collection, use and disclosure of your personal information.
Awesome’s Privacy Policies are available at
www.awesomecompany.com/privacy. - Additional Terms. Your use of the Service is subject to all additional terms,
policies, rules, or guidelines applicable to the Service or certain features that we
may post on or link to the Service (the “Additional Terms”), including end-user
license agreements for any downloadable software applications, or rules that are
applicable to a particular feature or content on the Service. For example, if you sign
up to volunteer through the Service or post a volunteer project on the service, we
may require you to agree to terms related to your volunteering or project, which we
may promulgate from time to time. Unless otherwise noted, all Additional Terms are
incorporated by this reference into, and made a part of, these Terms.
D. USER SUBMITTED CONTENT - General. ALL CONTENT SUBMISSIONS ARE REVIEWED AND APPROVED BEFORE
BEING ACCEPTED TO BE VIEWED AND SHARED ON AWESOME.
The Service provides certain features which may enable you and
other users to submit, post, share and distribute content with other users, which
may include without limitation text, drawings, graphic, audio, music, video, and pictorial
works, or any other content submitted by you and other users through the Service
(“Submitted Content” or “User Content”). You understand that all Submitted Content is the sole
responsibility of the person from whom such content originated.
This means that you, and not Awesome, are entirely responsible for all Submitted
Content and the consequences of uploading, posting or publishing it on the Service.
Any Submitted Content you make will be deemed not to be confidential. You should
not include any personally identifiable information about yourself or any other
person in any Submitted Content. The information we obtain through your use of
the site is subject to our Privacy Policy, which is specifically incorporated by
reference into these Terms of Service. - Right to Remove or Edit User Submissions. Awesome reserves the right, in its
sole discretion, but is not obliged, to refuse to allow any Submitted Content on the
Service, or to edit or remove any Submitted Content at any time with or without
notice. Without limiting the generality of the preceding sentence, Awesome
complies with the Digital Millennium Copyright Act, and will remove Submitted
Content upon receipt of a compliant takedown notice (see the “Digital Millennium
Copyright Act” section below). - Grant of Rights by You to Awesome. By providing Submitted Content to
Awesome, you hereby grant Awesome and its affiliates a worldwide, non-exclusive,
fully paid-up, royalty-free, irrevocable, transferable, perpetual license, with the right
to grant and authorize sublicenses, to use, reproduce, distribute, modify, adapt,
prepare derivative works of, display, perform, and otherwise exploit your Submitted
Content in connection with the Service and Awesome (and its successors)
business, including without limitation for promoting and redistributing part or all of
the Service (and derivative works thereof) in any media formats and through any
media channels now known or hereafter discovered. You grant Awesome, its
affiliates, and sublicensees the right to use the name that you submit in connection
with such Submitted Content if they choose. You also agree to irrevocably waive
(and cause to be waived) any claims and assertions of moral rights or attribution
with respect to your Submitted Content. You also hereby grant to each user of the
Service a non-exclusive license to access your Submitted Content through the
Service, and to use, reproduce, distribute, prepare derivative works of, display, and
perform such Submitted Content as permitted by the functionality of the Service and
these Terms. Except for the limited rights set forth in these Terms, each user retains
all right, title, and interest in its Submitted Content. - Your Representations and Warranties Regarding Submitted Content. In
connection with your Submitted Content, you affirm, represent, and/or warrant
that: (i) you own, or have the necessary licenses, rights, consents, and permissions
to use and authorize Awesome to use, all patent, trademark, copyright, or other
proprietary rights in and to any and all of your Submitted Content to enable
inclusion and use of such Submitted Content in the manner contemplated by
Awesome and these Terms and (ii) your Submitted Content, Awesomes use of such
Submitted Content pursuant to these Terms, and Awesomes exercise of the license
rights set forth under these Terms, do not and will not: (a) infringe, violate, or
misappropriate any intellectual property or third party proprietary right (including
but not limited to any copyright, trademark, patent, trade secret or moral right); (b)
slander, defame, libel, or invade the right of privacy, publicity or any other third
party right; or (c) violate any applicable law or regulation. - Submitted Content Disclaimer. You understand that when using the Service
you may be exposed to Submitted Content and other third party content that is
inaccurate, offensive, indecent or otherwise objectionable. Awesome does not
endorse any Submitted Content or any opinion, recommendation or advice
expressed therein. Under no circumstances will Awesome be liable in any way for or
in connection with the Submitted Content, including, but not limited to, liability for
any inaccuracies, errors or omissions in any Submitted Content, any intellectual
property infringement with regard to any Submitted Content or for any loss or
damage of any kind incurred as a result of the use of any Submitted Content. You
agree that you must evaluate and bear all risks associated with the use of any
Submitted Content, including any reliance on the accuracy, completeness,
usefulness, legality of such content or accurate identification of the author (and/ or
their affiliation with any third party). You release us from all claims and demands,
known and unknown, which arise out of or are connected in any way with a dispute
with another use of the Service. - Submissions. Awesome is pleased to hear from users and welcomes your
comments regarding Awesomes programs and services. However, Awesomes
longstanding company policy does not allow it to accept or to consider creative
ideas, suggestions, or materials other than those it has specifically requested. We
hope that you will understand that the intent of this policy is to avoid the possibility
of future misunderstandings when projects developed by Awesomes employees
and agents might seem to be similar to creative works submitted by users.
Accordingly, while we value your feedback, we must ask that you do not send
original creative materials. If you send comments, suggestions, ideas, feedback,
notes or concepts or other materials to Awesome (collectively, “Submissions”),
they shall be deemed nonconfidential, and shall remain, the property of Awesome
and shall otherwise be subject to the provisions below. You represent and warrant
that you are authorized to grant all rights in your Submissions to Awesome and
disclosure or offer of any Submission shall constitute an assignment to Awesome of
all worldwide rights, title, and interest in all copyrights and other intellectual
property rights in such Submission. Awesome may edit, copy, publish, distribute,
translate and otherwise use in any medium any Submission that you forward to
Awesome and will own exclusively all such rights, titles, and interest and shall not
be limited in any way in its use, commercial or otherwise, of your Submission.
Awesome is and shall be under no obligation to: (i) maintain any of your or any
user’s Submission in confidence; (ii) to pay to you or any user any compensation for
any Submission; or (iii) to respond to any of your or any other users Submission.
E. RULES FOR USE OF THE SERVICE - As a condition of your use of the Service, you hereby represent and warrant
that you will not use the Service for any purpose that is unlawful or prohibited by
these Terms. - Any use by you of any of the Service other than for private, non-commercial
use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade,
resell, distribute, or exploit any portion of the Service, use of the Service, access to
the Service or Submitted Content obtained through the Service for any purpose
other than for your personal, private, non-commercial purposes. You agree not to
violate, or encourage others to violate, any right of a third party, including by
infringing or misappropriating any third party intellectual property right. - You agree not to: (i) defame, harass, abuse, threaten, stalk or defraud users of
the Service; or (ii) collect, or attempt to collect, personal information about users or
third parties without their consent. - You agree not to engage in any discrimination on the basis of race, religion,
creed, national origin, disability, handicap, age, sexual orientation, marital status,
veteran status, sex or any other basis prohibited by law. - You agree not to: (i) upload, submit or send to other users of the Service any
pornographic, embarrassing, hateful, abusive, threatening, obscene, vulgar, profane,
indecent, racially or ethnically insulting, libelous, fraudulent or otherwise
inappropriate content; or (ii) engage in disruptive activities online, including
excessive use of scripts, sound waves, scrolling, etc. - You agree not to intentionally interfere with or damage, impair or disable the
operation of the Service or any users enjoyment of it, by any means, including
uploading or otherwise disseminating viruses, worms, spyware, adware or other
malicious code. - You agree not to remove, circumvent, disable, damage or otherwise interfere
with any security-related features of the Service, features that prevent or restrict
the use or copying of any part of the Service or features that enforce limitations on
the use of the Service. - You agree not to attempt to gain unauthorized access to the Service, or any
part of it (including the online community), other accounts, computer systems or
networks connected to the Service, or any part of it, through hacking, password
mining or any other means or interfere or attempt to interfere with the proper
workings of the Service or any activities conducted through the Service. - You agree not to obtain or attempt to obtain any materials or information
through any means not intentionally made available through the Service. You agree
neither to modify the Service in any manner or form, nor to use modified versions of
the Service, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. - You agree that you will not use any robot, spider, scraper or other automated
means to access the Service for any purpose without our express written permission
or bypass our robot exclusion headers or other measures we may use to prevent or
restrict access to the Service. - You agree not to utilize framing techniques to enclose any trademark, logo or
other materials on the Service without our express written consent. You agree not to
use any meta tags or any other “hidden text” utilizing Awesome’s name or
trademarks without our express written consent. - You agree not to make unsolicited offers, advertisements, proposals or send
junk mail or spam to other users of the Service. This includes, but is not limited to,
unsolicited advertising, promotional materials or other solicitation materials, bulk
mailing of commercial advertising, chain mail, informational announcements,
charity requests and petitions for signatures. - You agree not to: (i) unlawfully solicit other users to join, become members
of, or contribute money to any online service or other organization; (ii) advocate or
attempt to get users to join in legal or illegal schemes; (iii) plan or participate in
scams involving other users; or (iv) encourage or provide instruction about illegal
activities. - You agree not to reverse engineer, decompile, disassemble or otherwise
attempt to discover the source code of the Service or any part thereof, except and
only to the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation. - You agree not to modify, adapt, translate or create derivative works based
upon the Service or any part thereof, except and only to the extent that such activity
is expressly permitted by applicable law notwithstanding this limitation. - You agree not to perform fraudulent activity, including impersonating
another person or entity, or falsely claiming or otherwise misrepresenting your
affiliation with another person or entity, or falsifying your age or date of birth. - You agree not to use any material or information available through the
Service in connection with any site or other use that contains or is associated with
information or content prohibited by these Terms.
F. YOUR RELATIONSHIP WITH THIRD PARTIES - Third-Party Services and Third-Party Materials. Awesome may provide tools
through the Service that enable you to import or export information, including User
Content, from or to third party services, including through features that allow you to
link your account on Awesome with an account on the third party service, such as
LinkedIn, or through our implementation of third party buttons (“Linked
Services”). By using one of these tools, you agree that we may transfer that
information to the applicable third-party service. Third party services are not under
our control, and you acknowledge that we are not responsible for any third party
services use of your exported information. The Service may also contain links to
third-party websites or may provide third-party materials, media, content, software,
services or applications on the Service (collectively with the Linked Services, the
“Third-Party Materials”). Awesome has no control over such Third-Party Materials,
and therefore makes no claim or representation regarding, and expressly disclaims
responsibility for, the accuracy, quality, legality, nature, availability or reliability of
Third-Party Materials. Awesome provides links or Third-Party Materials to you only
as a convenience, and the inclusion of any link or Third-Party Materials on the
Service does not imply our affiliation, endorsement or adoption thereof. Access and
use of Third-Party Materials, including the information, materials, products, and
services, is solely at your own risk. Our terms and policies do not govern your use of
any site other than the Service. You should review applicable terms and policies,
including the privacy and data gathering practices, of any Third-Party Materials. The
display of Linked Services on the Service do not constitute an endorsement by or
association or affiliation with us of such Linked Services, Third-Party Materials, or
products, advertising, or other materials affiliated with such Linked Services. We do
not vouch for these third parties whose goods or service may be displayed or
accessed through or on the Service. - User Disagreements. You are solely responsible for your involvement with
other users of the Service. Awesome reserves the right, but has no obligation, to
monitor disagreements between you and other users. Awesome disclaims all
liability related to any user disagreement. If you have a dispute with one or more
users, you irrevocably and forever release Awesome (and Awesomes officers,
directors, agents, subsidiaries, joint ventures and employees) from claims, demands
and damages (actual and consequential) of every kind and nature, known and
unknown, arising out of or in any way connected with such disputes. IF YOU ARE A
CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542,
WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME
OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.
G. TERMINATION - By Awesome. You agree that Awesome, in its sole discretion and for any
reason or no reason whatsoever, may terminate any account (or any part thereof)
you may have through the Service or terminate or restrict your use of the Service,
and may remove and discard all or any part of your account or any Submitted
Content or any information stored, sent or received via the Service, at any time and
without prior notice. You further agree that Awesome shall not be liable to you for
any such termination. These remedies are in addition to any other remedies
Awesome may have at law or in equity and termination, suspension or cancellation
of these Terms or your access rights shall not affect such remedies. Upon
termination of these Terms, all rights granted to you will automatically terminate
and immediately revert to Awesome and its licensors. We may restrict, suspend, or
terminate your use of the Service where, in our sole discretion, we believe that there
may have been a misuse of these Terms.
The following examples constitute misuse of the Service and are by no means
exhaustive:
Using the Service for any improper, immoral, or unlawful purpose;
Causing any nuisance by your use of the Service or causing operation of the
Service to be jeopardized or impaired;
Using the Service to create, host, or transmit any defamatory, offensive, or
obscene material, or engaging in activities that may offend others on grounds
of race, religion, creed, national origin, disability, handicap, age, sexual
orientation, marital status, veteran status, sex, or any other basis prohibited
by law; Using the Service to harm or attempt to harm others in any way;
Using the Service to create, host, or transmit material which infringes the
intellectual property or right of publicity of any other party;
Using the Service to create, host, or transmit any material that threatens or
encourages bodily harm or destruction of property, or would constitute a
criminal offense or give rise to civil liability;
Using the Service to create, host, or transmit unsolicited advertising material
to other users;
Using the Service to make false, misleading, deceptive, or fraudulent offers to
sell or buy products, items, or services, or to send chain letters or the like;
Using the Service to create, host, or transmit any material that harasses
another;
Violation of the Terms associated with the Service or an affiliated site. - By User. If you are dissatisfied with the Service, please let us know at
[email protected]. Your input is valuable to us. Your only remedy with
respect to any dissatisfaction with (i) the Service; (ii) any term of these Terms; (iii)
any policy or practice of Awesome in operating the Service; or (iv) any content or
information transmitted through the Service is to terminate these Terms and your
account. You may terminate these Terms at any time by closing your account and
discontinuing your use of any and all parts of the Service and providing notice of
termination at [email protected].
H. DIGITAL MILLENNIUM COPYRIGHT ACT - Notice of Infringing Material. It is Awesomes policy to respond to clear
notices of alleged copyright infringement that comply with the Digital Millennium
Copyright Act (“DMCA”). Awesome will promptly terminate without notice the
accounts of users that are determined by Awesome “repeat infringers”. A
repeat infringer is a user who has been notified of infringing activity or has had
Submitted Content removed from the Service at least twice. If you are a copyright
owner or an agent thereof, and believe that any Submitted Content infringes upon
your copyrights, you may submit a notification pursuant to the DMCA by providing
our Designated Copyright Agent (indicated below) with the following information in
writing (see 17 U.S.C § 512(c)(3) or consult your own legal counsel to confirm these
requirements):
a. A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
b. A description of the copyrighted work, or other intellectual property,
claimed to have been infringed, or, if multiple copyrighted works on the Service are
covered by a single notification, a representative list of such works from the Service;
c. A description of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit Awesome to locate the
material on the Service;
d. Information reasonably sufficient to permit Awesome to contact the
complaining party, such as an address, telephone number, and, if available, an
electronic mail address at which the complaining party may be contacted;
e. A statement that the complaining party has a good faith belief that
use of the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and
under penalty of perjury, that the complaining party is authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
Please note that under Section 512(f) of the DMCA, any person who knowingly
materially misrepresents that material or activity is infringing may be subject to
liability. - Counter Notification. If you elect to send us a counter notice, to be effective it
must be a written communication to our Designated Copyright Agent (indicated
below) that includes the following (please consult your legal counsel or see 17 U.S.C.
Section 512(g)(3) to confirm these requirements):
a. A physical or electronic signature of the subscriber;
b. Identification of the material that has been removed or to which
access has been disabled and the location at which the material appeared before it
was removed or access to it was disabled;
c. A statement under penalty of perjury that the subscriber has a good
faith belief that the material was removed or disabled as a result of mistake or
misidentification of the material to be removed or disabled; and
d. The subscribers name, address, and telephone number, and a
statement that the subscriber consents to the jurisdiction of Federal District Court
for the judicial district in which the address is located, or if the subscribers address
is outside of the United States, for any judicial district in which Awesome may be
found, and that the subscriber will accept service of process from the person who
provided notification under Section 512(c)(1)(C) or an agent of such person.
Please note that under Section 512(f) of the DMCA, any person who knowingly
materially misrepresents that material or activity was removed or disabled by
mistake or misidentification may be subject to liability. - Designated Copyright Agent. Awesome’s Designated Copyright Agent to
receive notifications and counter-notifications of claimed infringement can be
reached as follows:
William Hollimon
Hollimon, P.A.
118 N. Gadsden St.
Tallahassee, FL 32301
email: info@hollimonpa.
telephone: 850-320-8515
For clarity, only DMCA notices should go to Awesomes Designated Copyright Agent.
Any other feedback, comments, requests for technical support or other
communications should be directed to Awesome customer service through
[email protected]. You acknowledge that if you fail to comply with all
of the requirements of this section, your DMCA notice may not be valid.
I. WARRANTY DISCLAIMER - Acknowledgement. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS
SECTION, THE TERM AWESOME INCLUDES AWESOME’S OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, PARTNERS, CONTRACTORS,
SUPPLIERS AND SUBCONTRACTORS. - No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, AWESOME DISCLAIMS ALL WARRANTIES, STATUTORY,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT OF PROPRIETARY RIGHTS, AND WARRANTIES IMPLIED FROM A
COURSE OF PERFORMANCE OR DEALING. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AWESOME OR THROUGH
THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. - “As is” and “As Available” and “With All Faults”. YOU EXPRESSLY AGREE
THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE,
SUBMITTED CONTENT AND ANY THIRD-PARTY MATERIALS MADE AVAILABLE IN
CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES
OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. - Service Operation. AWESOME DOES NOT WARRANT THAT THE SERVICE,
SUBMITTED CONTENT OR THIRD-PARTY MATERIALS OFFERED ON, THROUGH OR
IN CONJUNCTION WITH THE SERVICE OR ANY THIRD PARTY MATERIALS WILL BE
UNINTERRUPTED, FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL
COMPONENTS, OR AVAILABLE FOR USE AND DOES NOT WARRANT THAT ANY OF
THE FOREGOING WILL BE CORRECTED. YOU ACKNOWLEDGE THAT WE MAKE NO
WARRANTIES, EXPRESS OR IMPLIED, THAT ANY INFORMATION OR MATERIALS
YOU POST ON OR TRANSMIT THROUGH THE SERVICE WILL BE FREE FROM
UNAUTHORIZED USE OR ACCESS. YOUR SOLE REMEDY, SHOULD YOU BE
DISSATISFIED WITH THE SERVICE, IS AND SHALL BE TO DISCONTINUE USING THE
SERVICE. - Accuracy. AWESOME DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
SERVICE OR ANY CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE IN
CONJUNCTION WITH OR THROUGH THE SERVICE OR ANY THIRD PARTY
MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS,
COMPLETENESS OR OTHERWISE. YOU ASSUME ALL RISK OF ERRORS AND/OR
OMISSIONS IN THE SERVICE, INCLUDING THE TRANSMISSION OR TRANSLATION
OF INFORMATION. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING
SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR
THE ACCURACY AND SUITABILITY OF THE SERVICE, INCLUDING THE
INFORMATION, AND FOR MAINTAINING ANY MEANS THAT YOU MAY REQUIRE
FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR
ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU ACKNOWLEDGE
AND AGREE THAT YOUR USE OF THE SERVICE, AND ANY INFORMATION SENT OR
RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE
INTERCEPTED BY UNAUTHORIZED PARTIES. - Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE,
ACCESS, DOWNLOAD OR OTHERWISE OBTAIN INFORMATION, MATERIALS OR
DATA THROUGH THE SERVICE (INCLUDING RSS FEEDS) OR ANY THIRD PARTY
MATERIALS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE, NECESSARY MAINTENANCE, REPAIR OR
CORRECTION TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH
MATERIAL OR DATA.
J. LIMITATION OF LIABILITY - Acknowledgement. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS
SECTION, THE TERM AWESOME INCLUDES AWESOME’S OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, PARTNERS, CONTRACTORS,
SUPPLIERS AND SUBCONTRACTORS. - Limitation of Liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL
THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORTS OR STRICT
LIABILITY, SHALL AWESOME BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OR LOSSES
(INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF
COVER) ARISING OUT OF OR RELATING TO: (I) THESE TERMS; (II) YOUR USE OR A
DELAY OR INABILITY TO USE THE SERVICE OR ANY THIRD PARTY MATERIALS;
(III) ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN
OR OBTAINED THROUGH THE SERVICE; (IV) AWESOME’S REMOVAL OF ANY
MATERIALS OR RECORDS SUBMITTED OR POSTED ON THE SERVICE; (V) THE
SERVICE; OR (VI) ANY OTHER INTERACTIONS WITH AWESOME, EVEN IF
AWESOME OR AN AWESOME AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF ANY OF THE FOREGOING DAMAGES. THIS WAIVER
APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM
ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE
CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE,
OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE
OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Awesome
SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT
OF ANY USER OF THE SERVICE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE
THAT Awesome SHALL NOT BE LIABLE FOR YOUR INTERACTIONS WITH ANYONE
ELSE USING THE SERVICE, AND Awesome SHALL NOT BE LIABLE FOR DAMAGES
ARISING FROM YOUR PARTICIPATION IN ACTIVITIES LISTED ON THE SERVICE.
YOU AGREE THAT IF THE FOREGOING IS UNENFORCEABLE, OR ANY LAWSUIT OR
COURT PROCEEDING IS PERMITTED UNDER THESE TERMS, THE AGGREGATE
LIABILITY OF AWESOME TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING
TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR
OTHERWISE UNDER THEE TERMS, WHETHER IN CONTRACT, TORT, OR
OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID
TO Awesome FOR ACCESS TO AND THE USE OF THE SERVICE IN THE 12 MONTHS
PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO CLAIM; OR (B)
$1000. - Third Party Materials. THESE LIMITATIONS SHALL ALSO APPLY WITH
RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES
SOLD OR PROVIDED ON OR THROUGH ANY THIRD PARTY MATERIALS OR
OTHERWISE BY THIRD PARTIES OTHER THAN AWESOME AND RECEIVED BY YOU
THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED BY YOU THROUGH
ANY THIRD PARTY MATERIALS. - Limitations by Applicable Law. CERTAIN JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF
THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO
YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR
EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE
TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR
EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH
YOU ARE LOCATED. - Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT AWESOME
HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS
IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF
LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE
LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND
FAIR ALLOCATION OF RISK BETWEEN YOU AND AWESOME AND THAT THE
WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH
HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND
AWESOME. YOU ACKNOWLEDGE AND AGREE THAT AWESOME WOULD NOT BE
ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE
BASIS WITHOUT THESE LIMITATIONS.
K. INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS AWESOME, AWESOME’S
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS,
PARTNERS, CONTRACTORS, SUPPLIERS AND SUBCONTRACTORS FROM ANY AND
ALL CLAIMS, ACTIONS, SUITS, PROCEEDINGS, LOSSES, OBLIGATIONS, DAMAGES,
LIABILITIES, COSTS, DEBT AND EXPENSES (INCLUDING ATTORNEYS FEES)
ARISING OUT OF (I) YOUR USE OR MISUSE OF THE SERVICE; (II) YOUR SUBMITTED
CONTENT, INCLUDING AWESOME’S USE, DISPLAY OR OTHER EXERCISE OF ITS
LICENSE RIGHTS GRANTED HEREIN OR OTHERWISE WITH RESPECT TO YOUR
SUBMITTED CONTENT; (III) YOUR VIOLATION OF THESE TERMS; (IV) YOUR
VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING
CLAIMS THAT ANY SUBMITTED CONTENT INFRINGES OR VIOLATES ANY THIRD
PARTY INTELLECTUAL PROPERTY RIGHTS; (V) YOUR BREACH OF THE FOREGOING
REPRESENTATIONS, WARRANTIES, AND COVENANTS; (VI) ANY
MISREPRESENTATION MADE BY YOU IN CONNECTION WITH YOUR USE OF THE
SERVICE; AND (VII) ANY UNAUTHORIZED USE OF YOUR ACCOUNT NOT CAUSED BY
AWESOME. AWESOME RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE
EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE
REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR
DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT
THE PRIOR WRITTEN CONSENT OF AWESOME. AWESOME WILL USE REASONABLE
EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON
BECOMING AWARE OF IT.
L. MONITORING
Awesome does monitor and review ALL: (i)
Submitted Content; (ii) any content made available by other persons for any
purpose; or (iii) the use of the Service by its users. You may be exposed to content
that is inaccurate, fraudulent, or deceptive, or that you find offensive or
objectionable.Please report any inappropriate content and it will be removed immediately for
review and possible deletion. Your use of the Service is at your own risk. You acknowledge and
agree that Awesome reserves the right, but is not obliged to, and may from time to
time, monitor any and all information transmitted or received through the Service
for operational and other purposes. If at any time, Awesome chooses, in its sole
discretion, to monitor ALL Submitted Content, Awesome nonetheless assumes: (i) no
responsibility or liability for the Submitted Content or any loss or damage of any
kind incurred as a result of the use of such content; (ii) we will be obligated to modify or
remove any inappropriate Submitted Content; and (iii) will not be responsible for the
conduct of the user submitting any such Submitted Content. During monitoring,
information may be examined, recorded, copied and used for authorized purposes
in accordance with our Privacy Policies.
M. Dispute Resolution and Arbitration - Generally. In the interest of resolving disputes between you and Awesome in
the most expedient and cost effective manner, you and Awesome agree that every
dispute arising in connection with these Terms will be resolved by binding
arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a
neutral arbitrator instead of a judge or jury, may allow for more limited discovery
than in court, and can be subject to very limited review by courts. Arbitrators can
generally award the same damages and relief that a court can award. Our agreement
to arbitrate disputes includes all claims arising out of or relating to any aspect of
these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or
any other legal theory, and regardless of whether a claim arises during or after the
termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING
INTO THESE TERMS, YOU AND AWESOME ARE EACH WAIVING THE RIGHT TO A
TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding anything to the contrary, you and Awesome both agree that
nothing in these Terms will be deemed to waive, preclude, or otherwise limit the
right of either of us to: (a) bring an individual action in small claims court; (b)
pursue an enforcement action through the applicable federal, state, or local agency if
that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in
a court of law to address an intellectual property infringement claim. - Arbitrator. Any arbitration between you and Awesome will be governed by
the Commercial Dispute Resolution Procedures and the Supplementary Procedures
for Consumer Related Disputes (collectively, “AAA Rules”) of the American
Arbitration Association (“AAA”), as modified by these Terms, and will be
administered by the AAA. The AAA Rules and filing forms are available online at
www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Awesome. - Notice and Process. A party who intends to seek arbitration must first send a
written notice of the dispute to the other, by certified mail or Federal Express
(signature required), or if we do not have a physical address on file for you, by
electronic mail (“Notice”). Awesomes address for Notice is: Hollimon, P.A., 118 N.
Gadsden St., Tallahassee, FL 32301. The Notice must: (a) describe the nature and
basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”).
We agree to use good faith efforts to resolve the claim directly, but if we do not
reach an agreement to do so within 30 days after the Notice is received, you or
Awesome may commence an arbitration proceeding. During the arbitration, the
amount of any settlement offer made by you or Awesome must not be disclosed to
the arbitrator until after the arbitrator makes a final decision and award, if any. - Fees. Any arbitration hearing will take place at a location to be agreed upon
in Tallahassee, Florida, but if the claim is for $10,000 or less, you may choose
whether the arbitration will be conducted: (a) solely on the basis of documents
submitted to the arbitrator; (b) through a non-appearance based telephone hearing;
or (c) by an in-person hearing as established by the AAA Rules in the county (or
parish) of your billing address. If the arbitrator finds that either the substance of
your claim or the relief sought in the Demand is frivolous or brought for an
improper purpose (as measured by the standards set forth in Federal Rule of Civil
Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In
that case, you agree to reimburse Awesome for all monies previously disbursed by it
that are otherwise your obligation to pay under the AAA Rules. Regardless of the
manner in which the arbitration is conducted, the arbitrator must issue a reasoned
written decision sufficient to explain the essential findings and conclusions on
which the decision and award, if any, are based. The arbitrator may make rulings
and resolve disputes as to the payment and reimbursement of fees or expenses at
any time during the proceeding and upon request from either party made within 14
days of the arbitrator’s ruling on the merits. - No Class Actions. YOU AND AWESOME AGREE THAT EACH MAY BRING
CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND
NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. Further, unless both you and Awesome agree
otherwise, the arbitrator may not consolidate more than one persons claims, and
may not otherwise preside over any form of a representative or class proceeding. - Modifications to Arbitration Provisions. If Awesome makes any future change
to this arbitration provision (other than a change to Awesomes address for Notice),
you may reject the change by sending us written notice within 30 days of the change
to Awesomes address for Notice, in which case your account with Awesome will be
immediately terminated and this arbitration provision, as in effect immediately
prior to the amendments you reject will survive. - Enforceability. If any sub-section of this section M is found to be
unenforceable, or if the entirety of this Section M is found to be unenforceable, then
the entirety of this Section M will be null and void and, in that case, the parties agree
that venue for any dispute arising under this agreement shall be solely and
exclusively in the state or federal courts located in Tallahassee, Leon County,
Florida. - Consent to Electronic Communications. By using the Service, you consent to
receiving certain electronic communications from us as further described in our
Privacy Policies. Please read our Privacy Policies to learn more about your choices
regarding our electronic communications practices. You agree that any notices,
agreements, disclosures, or other communications that we send to you
electronically will satisfy any legal communication requirements, including that
those communications be in writing.
N. GENERAL - Modification. Awesome reserves the right, at our sole discretion and at any
time without notice, to change, modify, add or remove portions of the Terms or to
modify, add or discontinue any aspect, content or feature of the Service (including
but not limited to the media, web communities, products or services available
therein). Awesome may, in its sole discretion, restrict the time of availability of the
Service, restrict the availability or scope of the Service for certain platforms and/or
restrict the amount of use permitted. The content, products, or services on the
Service may be out of date, and Awesome makes no commitment to update these
materials on the Service. Please check these Terms periodically for changes. If a
change to these Terms materially modifies your rights or obligations, you may be
required to accept the modified terms in order to continue to use the Service.
Material modifications are effective upon the earlier of (i) your acceptance of the
modified Terms or (ii) your continued use of the Service with actual knowledge of
such modified Terms. Immaterial modifications are effective upon publication. It is
your responsibility to review this page periodically for updates which shall come
into effect when posted (“immaterial modifications”). Your continued use of the
Service constitutes acceptance of these Terms of Service. Disputes arising under
these Terms will be resolved in accordance with the version of these Terms that was
in effect at the time the dispute arose. - Notice. Awesome may provide you with notices, including those regarding
changes to these Terms, by email, regular mail or postings on the Service. If Notice is
by e-mail or mail, it will be provided to the e-mail or regular mailing address
provided by you with your account information and it is your responsibility to
update such account information for any changes. Notice to you will be deemed
given twenty-four hours after email is sent, unless Awesome is notified that the
email address is invalid, and if through postal mail, three days after the date of
mailing. You may provide Awesome with notices only by mail to its address as
provided below. - Choice of Law; Forum. These Terms shall be governed by and construed in
accordance with the laws of the State of Florida, without giving effect to any
principles of conflicts of law. Without limiting Section M, to the extent any dispute
under this agreement is adjudicated in a court of law or equity arising out of or
relating to these Terms or the Service, such suit shall be filed only in the state or
federal courts in and for Leon County, Florida. You hereby consent and submit to the
personal and exclusive jurisdiction and venue of such courts for the purposes of
litigating any such action. - Export Control. Unless otherwise specified, the materials on the Service are
presented solely to provide information regarding and to promote Awesomes
services and other products available in the United States, its territories,
possessions and protectorates. The Service is controlled and operated by Awesome
from its offices within the state of Florida, United States of America. Awesome
makes no representation that materials on the Service are appropriate or available
for use outside the United States. Those who choose to access the Service from
outside the United States do so on their own initiative and are responsible for
compliance with local laws, if and to the extent that local laws are applicable.
Software from the Service is further subject to United States export controls. No
software from the Service may be downloaded or otherwise exported or re exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran,
Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone
on the U.S. Treasury Department list of Specially Designated Nationals or the U.S.
Commerce Departments Table of Deny Orders. By using the Service, you represent
and warrant that you are not located in, under the control of, or a national or
resident of any such country or on any such list. - Severability. If any provision of these Terms shall 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. - Assignment. The Terms, and any rights and licenses granted hereunder, may
not be transferred or assigned by you, without the express written consent of
Awesome but may be assigned by Awesome without restriction. Any assignment
attempt in violation of these Terms shall be null and void. - Independent Contractor. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and Awesome as a result of
these Terms or use of the Service. You further acknowledge that by transferring
Submitted Content or other content to Awesome, no confidential, fiduciary,
contractually implied or other relationship is created between you and Awesome
other than pursuant to these Terms. - Survival. Sections A- L will survive any termination of these Terms or your
account whether by you or Awesome. - Waiver. No waiver of any provision or any right granted hereunder shall be
effective unless set forth in a written instrument signed by the waiving party. No
waiver by either party of any breach or default hereunder shall be deemed a waiver
of any subsequent breach or default. - Headings. The heading references herein are for convenience purposes only,
do not constitute a part of these Terms, and shall not be deemed to limit or affect
any of the provisions hereof. - Entire Agreement. This is the entire agreement between you and Awesome
relating to the subject matter herein and supersedes all previous communications,
representations, understandings and agreements, either oral or written, between
the parties with respect to said subject matter. These Terms shall not be modified
except in a writing, signed by both parties, or by a change to these Terms made by
Awesome as set forth in these Terms. - Claims. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU
ARISING OUT OF OR RELATED TO THE SERVICE MUST BE COMMENCED WITHIN
ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE
OF ACTION IS PERMANENTLY BARRED. - Disclosures. The services hereunder are offered by Awesome, located at:
Awesome Company Worldwide, LLC
118 N. Gadsden St.
Tallahassee, Fl 32301
(850) 320-8515
E-mail: [email protected]