Terms of Service
Last updated on November 4, 2017
1. Acceptance of Terms
- Liberated Life LLC (“Liberated”) provides its Service (as defined below) to you through its web site located at https://my.awakenedacademy.com (the “Site”), subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this TOS, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this TOS, you must not accept this TOS and may not use the Service.
- Liberated may change this TOS from time to time without prior notice. You can review the most current version of this TOS at any time at https://my.awakenedacademy.com/tos The revised terms and conditions will become effective upon posting and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
2. Description of Service
The “Service” includes (a) the Site, and (b) the Program, including all software, audio files, videos, pdf files, reports, text, images, sounds, and content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS. The Service is available to you indefinitely provided you have completed all tuition payments agreed upon in your Registration Form.
3. General Conditions/ Access and Use of the Service
- Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to Liberated. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, or (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks. You shall comply with any codes of conduct, policies or other notices Liberated provides you or publishes in connection with the Service, and you shall promptly notify Liberated if you learn of a security breach related to the Service.
- Any software that may be made available by Liberated in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, Liberated hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by Liberated for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of Liberated or any third party is granted to you in connection with the Service.
- Liberated has the right, but not the obligation, to monitor the Service, Content, or Your Content. You further agree that Liberated may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. Furthermore, Liberated may change the Content Brochure from time to time without prior notice. You can review the most current version of this Content Brochure at any time at http://awakenedacademy.com/brochure/. The revised content will become effective upon posting and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions.
- You acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. Liberated will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
- The failure of Liberated to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and Liberated, even though it is electronic and is not physically signed by you and Liberated, and it governs your use of the Service and takes the place of any prior agreements between you and Liberated.
- Liberated reserves the right to use your name and/or company name as a reference for marketing or promotional purposes on Liberated’s website and in other communication with existing or potential Liberated customers. To decline Liberated this right you need to email email@example.com stating that you do not wish to be used as a reference.
You agree to pay Liberated the amount that is specified in the payment plan in accordance with the terms of such plan and this TOS. You hereby authorize Liberated to bill your payment instrument monthly (or one-time) in accordance with the terms of the applicable payment plan. You agree that you are responsible for full payment of fees for the entire course of the Service, regardless of whether you actually attend or complete the Service, and regardless of whether you have selected a lump sum or monthly payment plan. You agree that, if, for any reason, you choose to remove or cancel yourself out of the Service, you are obligated to pay or continue paying any outstanding balance(s). *Note* We do have a policy as well, that if you go through the entire Academy course, complete every lesson, and still feel that the course was of no benefit to you, then you can come to us and tell us for a refund to be considered. We care about you and want you to succeed and be happy!
You represent and warrant to Liberated that (i) you have full power and authority to enter into this TOS; (ii) you own all Your Content or have obtained all permissions, releases, rights or licenses required to engage in your activities (and allow Liberated to perform its obligations) in connection with the Services without obtaining any further releases or consents; (iii) Your Content and other activities in connection with the Service, and Liberated’s exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (iv) you are eighteen (18) years of age or older.
You have the right to terminate your account at any time in accordance with the procedures set forth on the Site. Liberated reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if Liberated believes that you have violated this TOS. Liberated shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. Liberated will use good faith efforts to contact you to warn you prior to suspension or termination of your account by Liberated. All of Your Content on the Service (if any) may be permanently deleted by Liberated upon any termination of your account in its sole discretion. If Liberated terminates your account without cause and you have signed up for a fee-bearing service, Liberated will refund the pro-rated, unearned portion of any amount that you have prepaid to Liberated for such Service.
You shall defend, indemnify, and hold harmless Liberated from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service, including without limitation any claims for copyright infringement, defamation, invasion of privacy or right of publicity arising out of or in connection with any unauthorized use of the Service. Liberated shall provide notice to you of any such claim, suit or demand. Liberated reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Liberated’s defense of such matter.
You may not assign this TOS without the prior written consent of Liberated, but Liberated may assign or transfer this TOS, in whole or in part, without restriction.
9. Governing Law
This TOS shall be governed by the laws of the State of Arizona without regard to the principles of conflicts of law. Unless otherwise elected by Liberated in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Arizona for the purpose of resolving any dispute relating to your access to or use of the Service.
Please visit https://awakenedacademy.com/privacy-policy/ to understand how Liberated collects and uses personal information.