TERMS OF USE
Updated as of April 24, 2023
PLEASE READ THESE TERMS CAREFULLY.
TERMS ARE BINDING ON USERS OF AWAKENTRAVELS.COM AND SERVICES ACCESSIBLE THROUGH IT.
Introduction
These Terms of Use (“Terms”) apply to any user of the website located at awakentravels.com, including its sub-domains, mobile-optimized versions, and any products or services accessible through it (collectively, the “Website”).
The Website is owned and operated by Awaken Travels, LLC., a company registered in Tennessee, USA (“Company,” “we,” “our,” or “us”).
These Terms set out a legally binding agreement between you as a user of the Website (“User,” “you,” or “your”) and Company.
If you do not want to be bound by these Terms, then do not use the Website.
If you use the Website on behalf of any entity, organization, or company (collectively, “Organization”): (1) you declare you are an authorized representative of that Organization with the authority to bind the Organization to these Terms; and (2) you and the Organization agree to be bound by these Terms. In these Terms, “you” refers to the Organization, you, and any other individual using the Website on behalf of the Organization.
All other terms, policies, disclosures, disclaimers, and other provisions we may post on the Website from time to time are a part of these Terms.
Users Under 18
If you are under the age of 18, you are prohibited from using the Website. If you use the Website, you represent that you are over 18 years of age.
Acceptance of Terms
Each time you use or access the Website, including webpages contained or hyperlinked therein, you expressly confirm your agreement to these Terms.
We reserve the right to modify, suspend, or discontinue the Website and at any time for any reason, in part or whole, with or without notice to you. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Website.
The Website may contain typographical errors, inaccuracies, inconsistencies, or omissions, which we reserve the right to correct, change, or update at any time for any reason, with or without notice to you.
Authorization
You represent, warrant, and covenant that: (1) you have full power and authority to accept, to grant all authorizations, and to perform all obligations under these Terms; (2) you will use the Website for individual purposes; and (3) the address you provide when registering is your address of record.
You will not allow any other person to use your login information to access the Website. If you become aware of any unauthorized use of your account or login information, you will immediately notify us at [email protected].
Term and Termination
These Terms become effective on the date of: (1) your initial use of the Website; or (2) your initial access to any services accessible via the Website. The term of these Terms will continue until terminated by us in writing. The term will be renewed each time you access or use the Website following any updates we post from time to time.
We may suspend or terminate these Terms and your use of or access to the Website in our sole discretion, at any time, for any reason, with or without prior notice to you, including without limitation if you engage in any conduct prohibited by these Terms, or if you otherwise violate any provision of these Terms.
Immediately upon such termination, you will cease all use of or access to the Website and its contents.
Intellectual Property
All content included on the Website, including without limitation text, graphics, logos, images, audio clips, video, data, music, software, application updates, and other material (collectively, “Content”) is owned or licensed property of Company or its suppliers or licensors and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all Content on the Website is the exclusive property of Company and protected by United States and international copyright laws. Company and its suppliers and licensors expressly reserve all intellectual property rights in all Content.
License and Access
Company grants you a limited license to access and make personal use of the Website and the Content for non-commercial purposes only and only to the extent such use does not violate these Terms including, without limitation, the prohibitions listed in the “User Responsibility” section above. You may download, print, and copy Content for personal, non-commercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms in any way.
Accessing, downloading, printing, posting, storing, or otherwise using the Website or any Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms. The Website is intended for use by individuals looking for travel advisory services for their personal needs.
No Warranties
THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. COMPANY DOES NOT WARRANT THAT THE WEBSITE OR THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE WEBSITE OR ANY WEBSITES LINKED TO THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE WEBSITE OR ANY OTHER WEBSITE.
Limitation of Liability
IN NO EVENT SHALL COMPANY, ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, OR ANY MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR
NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE WEBSITE, OR YOUR INTERACTIONS WITH COMPANY EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM.
Indemnity
You agree to indemnify, defend, and hold harmless Company, its subsidiaries, affiliates, partners, licensors, and suppliers, and their respective officers, directors, employees, contractors, agents, and representatives from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account, whether or not authorized by you) violation of these Terms. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Company’s defense of such claim.
Third-Party Links
The Website may contain links to other websites that are not owned, operated, or controlled by Company. All such links are provided solely as a convenience to you. If you use these links, you will leave the Website. Company is not responsible for any content, materials, or other information located on or accessible from any other website. Company does not endorse, guarantee, or make any representations or warranties regarding any other websites, any content, materials, or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from the Website, you do so entirely at your own risk.
Governing Law and Jurisdiction
These Terms and the relationship between you and Company shall be governed by the laws of the State of Tennessee, USA, without regard to its conflict of law provisions. You and Company agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Tennessee, USA.
Severability
If any provision of these Terms shall be deemed 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.
Entire Agreement
These Terms, together with any other terms, policies, disclosures, disclaimers, or other provisions we may post on the Website from time to time, constitute the entire agreement between you and Company and govern your use of the Website, superseding any prior agreements between you and Company with respect to the Website.
Waiver
The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Contact Information
If you have any questions or concerns regarding these Terms or the Website, please contact us at [email protected].
Changes to Terms
Company reserves the right, at its sole discretion, to change, modify, add, or remove any portion of these Terms, in whole or in part, at any time, by posting revised terms on the Website. It is your responsibility to check periodically for any changes we make to the Terms. Your continued use of the Website after any changes to the Terms or other policies means you accept the changes.
Assignment
You may not assign or transfer any rights or obligations under these Terms without the prior written consent of Company. Company may assign or transfer these Terms, in whole or in part, without restriction or notification to you.
Force Majeure
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if such delay or failure is due to circumstances beyond its reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, or shortages of transportation, facilities, fuel, energy, labor, or materials.
Headings
The section headings used in these Terms are for reference purposes only and shall not affect the interpretation of these Terms in any way.
Notices
All notices, requests, consents, claims, demands, waivers, and other communications under these Terms must be in writing and addressed to the Company at the address specified in the “Contact Information” section. Any notices that you provide without compliance with this section shall have no legal effect.
Survival
Any provisions of these Terms that, by their nature, should survive termination or expiration of these Terms shall survive such termination or expiration, including but not limited to provisions regarding ownership, warranty disclaimers, indemnification, and limitation of liability.