Updated May 14, 2019
LICENSE AND SITE ACCESS
Subject to your compliance with these Terms, Awaken180 grants you a limited, revocable, non-transferable, non-exclusive license to access and use the Website. You may access and use the Website only for your personal use (or, if accessing the Website on behalf of a company, only your company’s internal use). Any other access to or use of the Website or the Website Content (defined below) constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. You may not access, use, or copy any portion of the Website or the Website Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You may not remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Website Content. Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Website or the Website Content or any access to or use of the Website or the Website Content. You may not modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Website or any of the Website Content. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, video, or form) of ours without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. You may not use the Website in such a manner that threatens the integrity, security, performance, or availability of the Website.
There is no cost to become a registered user on the Website, and you do not have to become a registered user to use the Website. However, if you do not become a registered user, you will not have access to all of the content or services available on the Website. You must register to access the Awaken180 “mastery tapes”, exclusive recipes, your weigh-in history and related information, and any “before and after” photos you’ve submitted. If you elect to become a registered user, you agree to provide true, accurate, current and complete information about yourself, and to promptly update all such information to keep it true, accurate, current and complete. If you elect to become a registered user on the Website, you will be prompted to provide certain personally identifiable information, and you will also be prompted to select a user name and a password. Your user name will identify you as a registered user and your password will allow you to access your account and those parts of the Website that are accessible only by registered users. Information and content accessed through your account is not accessible by any other registered users without your user name and password. You are solely responsible for protecting your registration information and password. We recommend that you do not disclose your registration information or password to others. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.
HEALTH AND WELLNESS
Information accessible on this Website is not intended to be a substitute for professional medical advice. We are not a medical organization and our staff cannot give you medical advice or diagnoses and nothing contained in this Website should be construed as such advice or diagnosis. Information is often general in nature and may be helpful to some persons but not others, depending upon their personal medical needs. Above all, you should always consult with your personal physician prior to changing or undertaking a new diet. Your physician is often in the best position to evaluate whether any particular diet is best for you. Advance consultation with your physician is particularly important if you are under eighteen (18) years old, pregnant, nursing, or have health problems. We also urge you to get periodic medical checkups as weight loss can create physical changes that should be medically monitored. Medical monitoring is especially important for people with a known medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website. The Website Content (defined below), including the recipes and related information and commentary made available through the Website, as well as any ingredient management or cooking features, are for informational and convenience purposes only and are not intended to be (and do not constitute) dietary, nutritional, or food safety advice or recommendations specifically for you. You are solely responsible for ensuring that any food you prepare is properly cooked, and for monitoring your appliance and the doneness of your food. You agree that we are not responsible or liable for any harm or damage (including illness) that you or anyone else experiences as a result of consuming food prepared utilizing the Website’s recipes or features. People with certain conditions may not use the Awaken180 weight-loss program, which include, but are not limited to, people who: (i) are pregnant, (ii) are allergic to soy, peanuts, tree nuts, milk, eggs, fish, shellfish, wheat, soybeans or latex (which is used in food processing) (collectively, “Allergens”), (iii) have an eating disorder, such as anorexia or bulimia, (iv) have chronic kidney disease or (v) have a condition requiring a gluten-free diet. Certain clients are required to provide a physician’s consent to use the Awaken180 weight loss program, including, but not limited to (i) children aged 13-17 years; (ii) nursing mothers and (iii) anyone who is morbidly obese, generally defined as being 100 pounds over his or her ideal body weight and has a body mass index (BMI) of 40 or more, or has a BMI of 35 or more and is also experiencing obesity-related health conditions, such as high blood pressure or diabetes.
COPYRIGHT AND INTELLECTUAL PROPERTY
Unless otherwise explicitly specified, the Website (including past, present and future versions) and included content (and any derivative works or enhancements of the same), including, but not limited to, all layout, text, illustrations, instructions, files, images, designs, software, scripts, graphics, photos, sounds, music, videos, information, advertising copy, content, materials, products, services, URLs, technology, documentation, interactive features, the “look and feel” of the Website, the compilation, assembly and arrangement of the materials of the Website and any and all copyrightable material (including source and object code), (collectively, the “Website Content”) and all intellectual property rights to the same are owned or controlled by us, our licensors, or both. All trademarks, service marks, trade names, trade identities and trade dress that may appear on the Website are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms, you shall not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in these Terms are expressly reserved.
THIRD PARTY WEBSITES AND CONTENT
The Website may contain links to external third-party products, services and websites. We exercise no control over these products, services, and websites, and we are not responsible for their performance, and are not responsible or liable for any content, advertising, or other services or materials available on such websites, including their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Website pages and other websites that you visit. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through such external merchant or third-party products, services and websites.
You may terminate your registered account, any associated email address and access to the Website by submitting a termination request by contacting us using the information provided at the end of these Terms. We may, without prior notice, immediately terminate, limit access to, or suspend your registered account, any associated email address, and access to the Website for cause. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (i) breaches or violations of these Terms, (ii) requests by law enforcement or other government agencies, (iii) unexpected technical or security issues or problems and/or (iv) engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.
The Website may be accessed from countries other than the United States. The prepared meals are not available outside the United States. In addition, the Website may contain other products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. We make no representation that the Website or Website Content is appropriate or available for use in locations other than the United States. If you access and use the Website outside the United States, you do so at your own initiative, at your own risk, and you are responsible for complying with your local laws and regulations.
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the written information specified below: • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; • A description of the copyrighted work that you claim has been infringed upon; • A description of where the material that you claim is infringing is located on the Website; • Your address, telephone number, and e-mail address; • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our contact information is provided at the end of these Terms.
DISCLAIMER OF WARRANTIES
LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE USE OF THE WEBSITE OR WEBSITE CONTENT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless Awaken180, and its directors, officers, employees, agents, independent contractors, service providers and consultants from and against any third party claims, damages, loss, liability, costs and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the Website or your violation of these Terms.
You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we will be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including attorneys’ fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including damages injunctive relief, attorneys’ fees and expenses. No instance of waiver by us of our rights or remedies under these Terms shall imply any obligation to grant any similar, future or other waiver.
APPLICABLE LAW; DISPUTES
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to principles of conflicts of law. Any dispute shall be adjudicated in a state or federal court in Suffolk County, Massachusetts and you consent to exclusive jurisdiction and venue in such courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arises.
These Terms and our Privacy Notice are the entire and exclusive agreement between Awaken180 and you regarding the Website, and these Terms supersede and replace any prior agreements between Awaken180 and you regarding the Website. We reserve the right to make changes to our Website, policies, and these Terms at any time without notice to you. By continuing to access or use the Website after those revisions become effective, you agree to be bound by the revised Terms. If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
If you have any questions or concerns about the Website or these Terms, or wish to contact us for any reason, you can reach us through the following mailing address, telephone number or email:
Awaken180, Inc. 505 Tremont St. Unit 302 Boston, MA 02116