Terms and Conditions

Last Updated 2/28/2018

Terms

By accessing this website, you agree to be bound by this website’s Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are not authorized to use or access this site.

THESE TERMS REQUIRE YOU TO ARBITRATE DISPUTES, WAIVE YOUR RIGHT TO A JURY TRIAL, AND LIMIT THE EXTENT AND MANNER IN WHICH YOU CAN SEEK RELIEF FOR ALL CLAIMS RELATED TO YOUR USE OF THIS WEBSITE AND TO THE FULLEST EXTENT PERMITTED BY LAW. See Section 8, below, for more details.

Awesomenosity, Inc reserves the right to update or modify these terms of use for its website at any time without prior notice. You are agreeing to be bound by the then current version of these Terms and Conditions. For this reason, we encourage you to review all Terms and Policies whenever you use this site.

Proprietary Rights

Awesomenosity’s logos and trademarks, as well as other marks, trade names, trademarks and logos on our website, are the properties of their respective owners. You may not reproduce or copy such logos in any manner without the prior consent of the owner.

The entire contents of our website, including text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information and software are subject to copyright, trademark or other proprietary rights or licenses held by Awesomenosity or used by Awesomenosity with permission from third-parties. All content is copyrighted as a collective work under the U.S. and international copyright laws.

Any republication, retransmission, reproduction or other use of the trademarks, images or photos from this website is strictly prohibited.

Disclaimer

The materials on Awesomenosity, Inc’s website are provided “as is”. Awesomenosity, Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Awesomenosity, Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.

Limitations on Liability

To the fullest extent permitted by law, in no event shall Awesomenosity, Inc., its suppliers, or sister sites be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Awesomenosity, Inc’s Internet site or the performance of the products, even if Awesomenosity, Inc. or a Awesomenosity, Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errata

The materials appearing on Awesomenosity, Inc’s website could include technical, typographical, or photographic errors. Awesomenosity, Inc does not warrant that any of the materials on its website are accurate, complete, or current. Awesomenosity, Inc may make changes to the materials contained on its website at any time without notice. Awesomenosity, Inc does not, however, make any commitment to update the materials.

Submissions

Any remarks, suggestions, ideas, messages and data submitted by you to Awesomenosity through our website shall be and remain the exclusive property of Awesomenosity. Therefore, Awesomenosity discourages you from submitting anything that you do not wish to assign to Awesomenosity including confidential information or any original creative materials such as product ideas or original works. If you have any ideas, concepts, or know-how techniques, please submit them here.

Governing Law

Awesomenosity, Inc is located in and operates from the State of California. Any claim relating to your use of the website or relating to the underlying products shall be governed by the laws of the State of California without regard to its conflict of law provisions.

Disputes

THESE TERMS REQUIRE YOU TO ARBITRATE DISPUTES, WAIVE YOUR RIGHT TO A JURY TRIAL, AND LIMIT THE EXTENT AND MANNER IN WHICH YOU CAN SEEK RELIEF FOR ALL CLAIMS RELATED TO YOUR USE OF THIS WEBSITE AND TO THE FULLEST EXTENT PERMITTED BY LAW.

Any dispute or claim relating in any way to these terms of use, this website, or any products or services sold or distributed by or through this website, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims so qualify. The Federal Arbitration Act and federal arbitration law will apply to any arbitration conducted in connection with these terms and conditions, and any such arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the American Arbitration Association (“AAA”). To the fullest extent permitted by law, we each agree that any arbitration or other dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You and Awesomenosity, Inc agree, to the fullest extent permitted by law, to waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-conveniens, and you agree to give up any right to a jury trial in any such arbitration or other dispute resolution proceeding.

Indemnification

You agree to defend, indemnify and hold Awesomenosity, Inc harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, due to your use of the site or your breach of any representation, warranty, term or other provision of these Terms and Conditions.