Awake to Love with Michael and Alisha Hayes
Terms of Service
Before you may use www.awaketolove.com, (“the Website”), you must agree to these terms and conditions.
This document is a legally binding contract (“Agreement”) between you and the Awake to Love, Inc. (“We” or “AWAKE TO LOVE”). Please take a few minutes to read the entire document and understand its terms. By using the Website, you are performing the same act as signing a printed copy of this document and you thereby communicate your unqualified agreement and consent to be bound by all the terms of this Agreement.
This Agreement sets forth your and AWAKE TO LOVE’s rights and obligations in connection with your use of the Website and any products and services available through them, including streaming media, written material, downloads, and purchases (collectively, “Products & Services”).
If you are younger than 18 but at least 13 years old, your parent or guardian must enter this agreement on your behalf and must accept full responsibility and agree to indemnify AWAKE TO LOVE for any harm or liability caused by your use or misuse of the Website.
No AWAKE TO LOVE services are directed to children under 13. Federal law prohibits AWAKE TO LOVE from collecting any personally identifiable information from persons under 13 years of age. If you are under 13 years of age, you may not register an account with AWAKE TO LOVE or provide any of your personal information to AWAKE TO LOVE.
This Agreement is subject to change. If you register with AWAKE TO LOVE, we will make reasonable efforts to notify you by email of material changes or updates. We rely on you to keep us informed of an accurate, up-to-date email address.
INFORMED CONSENT & WAIVER OF LIABILITY
Michael and Alisha Hayes are not licensed therapists or medical doctors. Their communications in any form or the content of this website is not intended to diagnose, treat, or cure any medical or psychological condition. This information is offered for educational purposes only and does not imply or give advice of any kind. I release them from any liability in that respect.
Registration is not a prerequisite to using the Website, but it is necessary in order to take advantage of advanced services or to make purchases. If you choose to register, the following terms and conditions apply.
A. Minimum Registration Age
Federal law prohibits AWAKE TO LOVE from collecting any personally identifiable information from persons under 13 years of age. If you are under 13 years of age, you may not register an account with AWAKE TO LOVE or provide any of your personal information to AWAKE TO LOVE.
If you are under 18 but at least 13 years of age, you may use the AWAKE TO LOVE Website only if your parent or guardian enters this agreement on your behalf and accepts full responsibility for your use or misuse of the Website. The parent or guardian must agree to indemnify AWAKE TO LOVE for any liability caused by any violation of this Agreement.
If you are a parent or guardian registering lawfully on behalf of a person at least 13 years old but younger than 18, or on behalf of some other person without contractual capacity, you must agree to all the terms of this Agreement. By entering this Agreement on behalf of that person, you agree to take full responsibility for his or her actions, including any charges made or incurred, and any consequences of that person’s failure to comply with this Agreement. You agree to take reasonable steps to ensure such compliance and will indemnify and hold AWAKE TO LOVE harmless in the event that person breaches this Agreement or incurs any liability through use of AWAKE TO LOVE’s Products & Services, including but not limited to contract, tort, and intellectual property infringement liability. You agree to indemnify and hold harmless AWAKE TO LOVE for all damage or liability caused by the person on whose behalf you are registering.
B. Information Provided to AWAKE TO LOVE
1. Account Information
You represent and warrant that the information you provide during the registration process for your AWAKE TO LOVE account, including your personal, billing, and contact information (“Account Information”) is accurate, complete, and up-to-date, and that you will keep this Account Information accurate, complete, and up-to-date for as long as you are registered. AWAKE TO LOVE will make reasonable efforts to notify you at the email address you provide of changes to this Agreement or its Services. It is your responsibility to provide AWAKE TO LOVE with a correct and current email address.
2. Your Privacy
3. Authority to Charge Account Provided
If you submit credit card or other account information during the registration process or for any subsequent payment, you represent and warrant that you are authorized to charge the specified account.
4. Account Security
You are solely and entirely responsible for maintaining the confidentiality and security of your account and password. You agree you are responsible for any and all activities that occur under your account. If you believe someone has accessed any Service using your account information and/or password without your authorization, it is your responsibility to set up a new password at the AWAKE TO LOVE website.
II. ONLINE STORE AND TERMS OF PURCHASE
AWAKE TO LOVE offers a variety of downloads, books, and other products and services for sale on the Website.
AWAKE TO LOVE cannot guarantee that any particular products or services will be available at any given time.
A. No Equipment Warranties
AWAKE TO LOVE MAKES NO WARRANTY THAT ANY PARTICULAR COMPUTER, MEDIA PLAYER, PORTABLE DEVICE, OR OTHER HARDWARE WILL BE COMPATIBLE WITH AWAKE TO LOVE’S PRODUCTS & SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO ACQUIRE OR USE EQUIPMENT AND INTERNET ACCESS COMPATIBLE WITH THE SERVICES.
B. Refunds and Exchanges
All purchased digital downloads from the AWAKE TO LOVE online store, whether audio, video, ebook, or otherwise, are non-refundable. All affiliate products sold through the online store are purchased from Amazon.com, and Amazon.com is solely responsible for processing refunds.
C. Methods of Payment
All payments must be made by the means indicated in the registration process.
If AWAKE TO LOVE does not receive payment from an account you authorized AWAKE TO LOVE to charge, you agree to pay all amounts due upon notice and request by AWAKE TO LOVE.
D. Unauthorized Charges
If it appears that any unauthorized charge was made by AWAKE TO LOVE to your account, it is your duty to notify AWAKE TO LOVE within sixty (60) days after the charge first appears on your account statement. If you do not so notify AWAKE TO LOVE, the charges will be deemed authorized. You hold harmless and release AWAKE TO LOVE from all liabilities resulting from any such charge that is not reported to AWAKE TO LOVE within sixty (60) days. Notices may be addressed to firstname.lastname@example.org.
E. Credit Card Authorization
Prior to the first charge, AWAKE TO LOVE may seek authorization of your credit card or other account to validate your ability to charge the subscription fees. This authorization is not a charge. However, this authorization may reduce your available credit by the authorization amount until your bank’s next processing cycle.
F. Modifications to Fees or Billing Terms
AWAKE TO LOVE RESERVES THE RIGHT, AT ANY TIME, TO CHANGE THE PRICES OF ITS PRODUCTS & SERVICES, TO ADD ADDITIONAL FEES, OR TO CHANGE ITS BILLING METHODS.
YOUR CONTINUED USE OF THE PRODUCTS & SERVICES, OR THE WEBSITE, FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO FEES OR BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE.
YOUR ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU GIVE CONSENT TO AWAKE TO LOVE TO EMAIL YOU WITH NOTICES OF MATERIAL CHANGES TO THIS AGREEMENT OR THE SERVICES.
III. CONTRIBUTIONS TO WEBSITE
The AWAKE TO LOVE Website may allow you to post comments, participate in discussions, or otherwise contribute content.
The contribution of any material to the Website that infringes the rights of another is strictly prohibited. You agree that you shall not contribute any material that infringes any copyright, patent, or trademark, or that violates any trade secret or obligation of confidence, or that defames, disparages, or invades the privacy of another. You agree that you shall not contribute any material if doing so would be unlawful under the applicable state and federal laws.
You further agree not to use the Website to contribute or transmit any material that is obscene, threatening, harassing, harmful to a minor, of a “spamming” nature, or that constitutes or contains political campaigning, commercial solicitation, computer viruses or other malicious computer code.
AWAKE TO LOVE reserves the right, but is not obligated to, monitor any activity on the Website and to edit or remove any content whatsoever, including, without limitation, user-generated content.
You promise to hold AWAKE TO LOVE harmless and to indemnify AWAKE TO LOVE for any liability it may incur by reason of your contributing unlawful material or committing unlawful actions on the website, or performing any act in violation of this Agreement.
AWAKE TO LOVE reserves the right to cancel your account, if any, or to disable your access to the Website at any time if it learns or suspects that your contributions to the Website are unlawful, contrary to any term or condition in this Agreement, or for any other reason.
IV. INTELLECTUAL PROPERTY
AWAKE TO LOVE respects copyrights, trademarks, and other intellectual property rights.
If you are the owner of any copyright or copyrighted media that you believe is being infringed through AWAKE TO LOVE’s services or on its Website, you may notify AWAKE TO LOVE of the alleged infringement by addressing an email to:
To be effective, a notice must be in writing and contain all of the following elements, as provided by 17 USC § 512(c)(3):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification 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 the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider 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.
(v) 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.
(vi) 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.
The Copyright Agent will respond to effective notices according to the obligations set forth in the applicable section of the Digital Millennium Copyright Act, 17 U.S.C. § 512.
The Copyright Agent will only respond to effective notices; it will not be able answer questions or provide customer service.
A. Limitations on the Use of Media Available Through AWAKE TO LOVE
All media available through AWAKE TO LOVE—whether electronic or hard copy— is protected by federal and state intellectual property laws, including copyright, trademark, and related rights.
Subject to the right of fair use, you agree that you:
- Will not record, copy, or affix in a tangible medium any media provided to you on a streaming basis;
- Will not make any copies of any media downloaded through AWAKE TO LOVE except for your personal use;
- Will not distribute without authorization any media accessed through AWAKE TO LOVE;
- Will not alter or adapt to another form any media accessed through AWAKE TO LOVE except for your personal use;
- Will not publicly perform any media accessed through AWAKE TO LOVE;
- Will not use any media accessed through AWAKE TO LOVE for commercial purposes;
- Will not use any media accessed through AWAKE TO LOVE for any unlawful purpose or in violation of any term or condition in this Agreement;
- Will indemnify and hold harmless AWAKE TO LOVE for any failure to comply with this part of the Agreement.
You may link to the Website from other website or from social networking platforms such as Facebook or Twitter.
All rights not expressly granted in this Agreement are reserved for AWAKE TO LOVE.
V. TECHNOLOGY LIMITATIONS AND MODIFICATIONS TO SERVICE
AWAKE TO LOVE will make reasonable efforts to keep your account (if registered) and the Services operational. However, technical difficulties or maintenance may sometimes interrupt service. We will make reasonable efforts to notify you in advance of any significant interval of downtime.
In the event that unforeseen or uncontrollable events destroy, damage, or disrupt AWAKE TO LOVE’s Website or business, you agree to accept the full risk of any loss arising from such events, including, without limitation, a loss of your account information or a loss of your access to the Products & Services.
AWAKE TO LOVE also reserves the right, at any time, to modify or discontinue aspects of the Services with or without notice.
AWAKE TO LOVE shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to any of the Services.
VI. DISCLAIMER OF WARRANTY
AWAKE TO LOVE’S PRODUCTS & SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AWAKE TO LOVE DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
AWAKE TO LOVE MAKES NO WARRANTY THAT THE PRODUCTS & SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES AWAKE TO LOVE MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT ACCESSED THROUGH THE SERVICES. AWAKE TO LOVE MAKES NO WARRANTY REGARDING ANYTHING ACCESSED, ACQUIRED, OR PURCHASED THROUGH ITS SERVICES.
VII. LIMITATION OF LIABILITY
THE ENTIRE RISK ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE SERVICES, AND INCLUDING YOUR PRACTICE OF ANY TEACHINGS DISSEMINATED BY AWAKE TO LOVE, REMAINS WITH YOU. UNDER NO CIRCUMSTANCES SHALL AWAKE TO LOVE OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE ANY PRODUCTS & SERVICES, EVEN IF AWAKE TO LOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
UNDER NO CIRCUMSTANCES SHALL AWAKE TO LOVE BE LIABLE TO YOU FOR ANY DAMAGES IN EXCESS OF THE AMOUNT YOU PAID FOR PRODUCTS OR SERVICES OR FOR THE SPECIFIC ITEM OF CONTENT GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES.
VIII. MODIFICATION OF TERMS OF SERVICE
AWAKE TO LOVE may modify this Agreement at any time in its sole discretion. If an important change is made to this Agreement, we will use reasonable efforts to notify you by email if you have provided an email address. If any modification is unacceptable to you, you agree that your only recourse is to cease using the Products & Services and Website. Your continued use of any Products & Services or Website after the change is effective and will constitute your acceptance of the change.
You agree to indemnify and hold AWAKE TO LOVE and any of its owners, members, subsidiaries, affiliates, directors, representatives and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of or related to your violation of this Agreement, or your violation of any law, regulation or third-party right.
X. GOVERNING LAW AND FORUM
This Agreement shall be governed by the laws of the United States and the State of California, without regard to or application of any choice of law or conflict of laws provisions. You consent to the exclusive original jurisdiction of the state and federal courts sitting in Los Angeles, CA. In the event of any litigation, you consent to venue in the Central District of California in Los Angeles, California.
Nothing in this Agreement will be governed by the United Nations Convention of Contracts for the International Sale of Goods.
XI. GENERAL PROVISIONS
No delay or failure to take action under this Agreement shall constitute any waiver by AWAKE TO LOVE of any provision of this Agreement.
If any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable part shall be deemed omitted and the remainder of the agreement will continue in full force and effect.
This Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall have no legal effect. AWAKE TO LOVE shall have the right to freely assign and delegate its rights and responsibilities under this Agreement.
Unless and until this Agreement is modified by AWAKE TO LOVE, this Agreement constitutes the complete and exclusive agreement between AWAKE TO LOVE and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
XII. QUESTIONS AND ADDITIONAL INFORMATION
If you have any questions or concerns about AWAKE TO LOVE, the Website, or our Products & Services, please feel free to explore the Website, browse our FAQ, or Contact Us
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