Website Terms of Use

1. Agreement to Terms

By accessing, browsing, or using the Awaken Travels website (awakentravels.com) and any associated subdomains, client portals, or digital services (collectively, the "Website"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree, you must not use the Website. These Terms constitute a legally binding agreement between you and Awaken Travels LLC ("Agency," "we," "us," or "our"), a Tennessee limited liability company.

These Website Terms of Use govern your use of the Website itself. If you engage our travel planning services, additional terms apply under our Master Terms & Conditions, which govern the booking relationship.

2. Use License and Restrictions

Permission is granted to temporarily access and view the materials on the Website for personal, non-commercial use only. This is a grant of a license, not a transfer of title. Under this license, you may not:

• Modify, copy, or create derivative works from any Website content
• Use Website content for any commercial purpose without written permission
• Attempt to decompile, reverse engineer, or extract source code from any software on the Website
• Remove any copyright, trademark, or other proprietary notices
• Use automated tools (bots, scrapers, crawlers) to collect Website content or data without authorization
• Attempt to gain unauthorized access to any part of the Website, server, or connected systems
• Interfere with or disrupt the Website's operation, security, or other users' experience
• Transmit viruses, malware, or any harmful code through the Website

This license automatically terminates if you violate any of these restrictions and may be terminated by us at any time.

3. Intellectual Property

All content on the Website, including but not limited to text, articles, photographs, graphics, logos, icons, images, audio clips, video clips, data compilations, page layout, underlying code, and software, is the property of Awaken Travels LLC or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. The "Awaken Travels" name and logo are registered trademarks of Awaken Travels LLC.

4. User-Generated Content

If you submit reviews, testimonials, comments, photos, or other content to the Website or to our social media channels ("User Content"), you grant Awaken Travels a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, display, and distribute such User Content for any business purpose, including marketing and promotional materials. You represent that you own or have the rights to any User Content you submit and that it does not violate any third party's rights or any applicable law.

We reserve the right to remove or refuse any User Content at our sole discretion without notice.

5. Client Portal and Account Access

Certain features of the Website, including the client portal and trip preparation tools, require authentication. If you are provided access credentials or a secure link, you agree to:

• Keep your login credentials and access links confidential
• Not share your portal access with unauthorized individuals
• Notify us immediately if you suspect unauthorized access to your account
• Accept responsibility for all activity under your account

We reserve the right to suspend or terminate portal access at any time for security reasons or Terms violations.

6. Travel Services Disclaimer

Awaken Travels acts as an agent for travel suppliers and is not responsible for the acts, errors, omissions, representations, warranties, breaches, or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Awaken Travels has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure, or other causes beyond our direct control, and has no responsibility for any additional expense, omissions, delays, re-routing, or acts of any government or authority.

Travel information, destination descriptions, resort details, pricing, and availability displayed on the Website are provided for informational purposes and are subject to change without notice. Confirmed details are those specified in your booking confirmation, not on the Website.

7. Disclaimers and Warranties

The Website and all materials, information, and services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, Awaken Travels disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.

We do not warrant that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or timeliness of any content on the Website.

8. Limitation of Liability

To the maximum extent permitted by law, Awaken Travels LLC, its members, managers, employees, agents, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to your use of, or inability to use, the Website, including but not limited to damages for loss of data, profits, goodwill, or business opportunities, even if advised of the possibility of such damages. Our total liability shall not exceed $100.

9. Indemnification

You agree to indemnify, defend, and hold harmless Awaken Travels LLC, its members, managers, employees, agents, and affiliates from any and all claims, damages, losses, costs, and expenses (including reasonable attorney's fees) arising from your use of the Website, violation of these Terms, or infringement of any third party's rights.

10. Copyright and DMCA

If you believe that content on the Website infringes your copyright, please send a written notice to us at [email protected] with: (a) identification of the copyrighted work; (b) identification of the allegedly infringing content and its location on the Website; (c) your contact information; (d) a statement that you have a good faith belief the use is unauthorized; and (e) a statement under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf. We will respond to valid DMCA notices in accordance with applicable law.

11. Third-Party Links

The Website may contain links to third-party websites, including travel supplier websites, affiliate partners, and booking platforms. These links are provided for convenience only. Awaken Travels does not endorse, control, or assume responsibility for the content, privacy practices, or availability of any linked third-party website. Your use of linked websites is at your own risk and subject to their terms and conditions.

12. Accessibility

Awaken Travels is committed to making our Website accessible to all users. We strive to follow Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards. If you experience difficulty accessing any part of our Website, please contact us at [email protected] so we can work to provide an accessible alternative.

13. Dispute Resolution

Any disputes arising from or related to these Terms of Use or your use of the Website shall be resolved through binding arbitration in Hamilton County, Tennessee, administered by the American Arbitration Association under its Consumer Arbitration Rules.

Each party shall bear its own attorney's fees and costs. The arbitrator's decision shall be final and binding.

14. Governing Law

These Terms and your use of the Website are governed by and construed in accordance with the laws of the State of Tennessee, United States, without regard to conflicts of law principles. You irrevocably consent to the exclusive jurisdiction of the state and federal courts in Hamilton County, Tennessee, for any proceedings not subject to arbitration.

15. Termination

We may terminate or suspend your access to the Website at any time, without prior notice or liability, for any reason, including if you breach these Terms. All provisions that by their nature should survive termination shall survive, including intellectual property provisions, warranty disclaimers, indemnification, and limitations of liability.

16. Modifications

Awaken Travels reserves the right to revise these Terms at any time without prior notice. The most current version will always be posted on this page with an updated "Last Updated" date. By continuing to use the Website after revisions, you agree to be bound by the updated Terms.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and Editorial Disclosure Policy, constitute the entire agreement between you and Awaken Travels regarding the use of the Website. For travel booking terms, please refer to our Master Terms & Conditions.

19. Contact Information