THESE TERMS OF USE CONSTITUTE A LEGALLY
BINDING AGREEMENT BETWEEN YOU AND Awak’n foods PLEASE READ THEM CAREFULLY.
Effective Date: July 27, 2019
These Terms of Use (the “Terms”) apply to the Awak'n (“Awak'n
Foods,” “we,” “us” and “our”) websites , including www.awaknfoods.com, (collectively,
the “Site”). The Site is the property of Awak'n Foods. By using this
Site, you agree to these Terms and our Privacy Policy (the “Privacy Policy”);
if you do not agree with these Terms or the Privacy Policy, then you may not
use this Site. You acknowledge that you have reviewed these Terms and the
Privacy Policy in their entirety, that you agree to these Terms and the Privacy
Policy in their currently-posted form, and that these Terms constitute binding
and enforceable obligations on you.
EFFECTIVE DATE AND CHANGES TO THESE TERMS
The Effective Date of these Terms is set forth at the top of
this webpage. Awak'n Foods reserves the right to modify or amend the Terms
without notice at any time. Changes will become effective immediately.
Therefore, it is your responsibility to check these Terms for changes. Your
continued use of the Site following any modifications or amendments to the
Terms will mean that you agree to the changes. The amended Terms supersede all
previous versions.
WHO MAY USE THE SITE
You may use this Site so long as you agree to be bound by, and
act in accordance with, these Terms and are at least 13 years old.
CONDITIONS OF USE
You may use this Site and the information, files, documents,
text, photographs, images, audio, and video which it contains and any material
made available for download on the Site (collectively, the “Content”) provided
on the Site only as expressly provided in these Terms or as stated on the Site.
All right, title, and interest in and to the Content are the property
of Awak'n Foods (or another party that has licensed their material to
us). The Site and Content are protected by United States and international
copyright and trademark laws. All rights not expressly granted herein are
reserved to us and our licensors. The use of this Site does not confer upon you
any rights to any intellectual property including but not limited to patents,
trademarks, copyrights, design, user interfaces, trade dress, or computer code.
We authorize you to view or download the Content on the Site
solely for your personal, noncommercial use if you do not remove the copyright
and other proprietary rights notices which are contained in the Content. You
may not copy, distribute, modify, create derivative works of, reproduce,
publish or use, in whole or in part, any Content. Content and features are
subject to change or termination without notice in our editorial discretion.
You are prohibited from violating or attempting to violate the
security of the Site, including, without limitation, by (a) accessing data not
intended for such user or logging onto a server or an account which the user is
not authorized to access; (b) attempting to probe, scan or test the
vulnerability of a system or network or to breach security or authentication
measures without proper authorization; (c) accessing or using the Site or any
portion thereof without authorization; or (d) introducing any viruses, Trojan
horses, worms, logic bombs, malware or other material which is potentially
malicious or technologically harmful.
You may not use this Site in any manner that interferes with the
services Awak'n Foods provides via this Site nor may you attempt to
access the Site in any other manner than those that we purposely provide to you
or are otherwise permitted by law. This includes but is not limited to attempts
to gain unauthorized access, imposing an unreasonably large load on the Site’s
infrastructure, or any other attempts to interfere with Awak'n Foods’
intended working of the website as well as the experience of other visitors.
You may not use any robot, spider or other automatic device, process or means
to access the Site for any purpose, including monitoring or copying any of the
Content.
If you use or attempt to use this Site or the Content in any way
not expressly permitted by this Site, your right to use the Site will terminate
automatically and you must immediately destroy any copies you have made of any
portion of the Content.
LINKS TO OUTSIDE WEBSITES
This Site may contain links to independent third-party websites,
for example, those of restaurants. These links are provided solely as a convenience
to our visitors and Awak'n Foods has no control over, is not
responsible for, and does not endorse or make any representations whatsoever
about the content of these linked websites. It is up to you to take precautions
to ensure that whatever you select for your use or download is free of such
items as viruses, worms, Trojan horses, malware and other items of a
destructive or harmful nature. Your use of third-party websites is at your own
risk.
WARRANTIES AND DISCLAIMERS OF WARRANTIES__b__
Awak'n FOODS DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR
SPECIFIC PROMISES ABOUT THE SERVICES OTHER THAN THOSE EXPRESSLY STATED IN THESE
TERMS OR THE PRIVACY POLICY, AND Awak'n FOODS DOES NOT WARRANT THAT
ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT
DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE IS PROVIDED ON AN “AS-IS” AND
“AS-AVAILABLE” BASIS, WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, WHICH
MAY VARY BY JURISDICTION, WE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE AND
NONINFRINGEMENT. Awak'n FOODS DOES NOT WARRANT THE ACCURACY,
COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS
SITE, SITE-RELATED SERVICES, AND LINKED SITES. Awak'n FOODS DOES NOT
WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS,
TROJAN HORSES, MALWARE OR OTHER DESTRUCTIVE OR HARMFUL PROGRAMMING. YOU ARE
RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR
DATA BACK UP AND SECURITY.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Awak'n FOODS
AND ITS EMPLOYEES, OFFICERS, MANAGERS, DIRECTORS, MEMBERS, AFFILIATES,
ATTORNEYS, AGENTS, CONTRACTORS OR REPRESENTATIVES (COLLECTIVELY, THE
“Awak'n FOODS REPRESENTATIVES”) WILL NOT BE RESPONSIBLE FOR ANY DAMAGES,
LIABILITY OR INJURIES FOR ANY CAUSE OF ACTION UNDER ANY LEGAL THEORY THAT
RELATES IN ANY WAY TO YOUR ACCESS, OR USE OF, OR INABILITY TO ACCESS OR USE,
THE SITE, SITE-RELATED SERVICES, CONTENT, INFORMATION CONTAINED WITHIN THE SITE
OR ANY LINKED SITE, INCLUDING ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS
INTERRUPTION). Awak'n FOODS SHALL NOT BE LIABLE EVEN
IF Awak'n FOODS OR AN Awak'n FOODS REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR
DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, CONTENT, INFORMATION
CONTAINED WITHIN THE SITE OR ANY LINKED SITE, IS TO STOP USING THE SITE AND/OR
THOSE PRODUCTS OR SERVICES. TO THE EXTENT PERMITTED BY
LAW, Awak'n FOODS’ TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS
SHALL BE LIMITED TO ACTUAL, DIRECT DAMAGES, NOT TO EXCCED THE LESSER OF THE
AMOUNT YOU PAID Awak'n FOODS TO USE THE SITE OR A SERVICE THEREIN OR
ONE HUNDRED DOLLARS ($100). IN ANY EVENT, Awak'n FOODS WILL NOT BE
LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. NO CLAIM OR
ACTION ARISING FROM OR CONCERNING THE SITE MAY BE BROUGHT LATER THAN ONE (1)
YEAR FROM THE DATE THE CLAIM OR CAUSE OF ACTION AROSE. THE FOREGOING LIMITATIONS
APPLY EVEN IF THE REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
The limitations of liability provided in these Terms inure to
our benefit to all of the Awak'n Foods Representatives.
Some jurisdictions do not allow the disclaimer of warranties or
limitation of certain damages so certain of the foregoing disclaimers and
limitations may not apply to you.
INDEMNIFICATION
You agree to indemnify and hold harmless Awak'n Foods
and Awak'n Foods Representatives from any and all losses, damages,
liabilities, claims, demands, suits, or causes of action (including reasonable
attorneys’ fees and costs) arising out of your use or misuse of the Site, your
breach of these Terms or your violation of applicable law, rule or regulation.
WAIVER OF CLASS ACTION
YOU AND Awak'n FOODS 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.
GOVERNING LAW
This Agreement will be governed in all respects by the laws of
the State of California as such laws are applied to agreements between
California residents entered into and to be performed entirely within
California, without giving effect to conflict of laws principles. The sole
venue to bring any action under this Agreement shall be the state and federal
courts of California, USA. The parties submit to the jurisdiction of such
courts.
COPYRIGHT POLICY
The Digital Millennium Copyright Act of 1998 (the “DMCA”)
provides recourse for copyright owners who believe that material appearing on
the Internet infringes their rights under U.S. copyright law. If you believe in
good faith that materials posted on the Site infringe your copyright, you (or
your agent) may send Awak'n Foods a “Notification of Claimed
Infringement” requesting that the material be removed, or access to it blocked.
The notice must include the following information:
- A physical or
electronic signature of a person authorized to act on behalf of the owner of
the works that have been allegedly infringed; - Identification of
the copyrighted work alleged to have been infringed (or if multiple copyrighted
works located on the Site are covered by a single notification, a
representative list of such works); - Identification of
the specific material or link alleged to be infringing or the subject of
infringing activity, and information reasonably sufficient to
allow Awak'n Foods to locate the material on the Site; - Your name, address,
telephone number, and email address (if available); - A statement that
you have 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 - 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. If you believe in good faith that
a notice of copyright infringement has been wrongly filed against you, the DMCA
permits you to send Awak'n Foods a counter-notice.
Notices and counter-notices must meet the then-current statutory
requirements imposed by the DMCA; see https://www.copyright.gov/ for
details. Notices and counter-notices with respect to the Site should be sent to copyright@awaknfoods.com with a copy to legal@awaknfoods.com. Consult your legal advisor and see 17 U.S.C.
§ 512 before filing a notice or counter-notice as there are penalties for false
claims under the DMCA.
MISCELLANEOUS
No waiver by Awak'n Foods of any term or condition set
forth in these Terms shall be effective unless in a writing signed by an
authorized representative of Awak'n Foods or be deemed a further or
continuing waiver of such term or condition or a waiver of any other term or
condition. Any failure to enforce any provision of this Agreement shall not
constitute a waiver thereof or of any other provision.
Should any provision of these Terms be held to be invalid,
unenforceable, or illegal by a court of competent jurisdiction, such ruling will
not affect or impair the validity, enforceability, or legality of any remaining
portions of this Agreement, and, in such event, such provision will be changed
and interpreted so as to best accomplish the objectives of such unenforceable
or invalid provision within the limits of applicable law. All remaining
portions will remain in full force and effect as if the original Terms had been
executed without the invalidated, unenforceable, or illegal part.
These Terms constitute the entire agreement between you and us with respect to the use of the Site and Content. Your use of the Site is also subject to the Privacy Policy.
The provisions of these Terms which by their nature should
survive the termination of these Terms shall survive such termination.
CONSUMER INFORMATION AND RIGHTS
California users of this Site are entitled to the following
consumer rights notice under California Civil Code Section 1789.3: if you have
any questions about these Terms, please contact us at info@awaknfoods.com.