This AwesomeWeb Service Agreement (this "Agreement") sets forth the terms and conditions under which AwesomeWeb Ltd, ("AwesomeWeb or "we"), provides services through this website, as further described in this Agreement (the "Service"). Please read this Agreement carefully. It constitutes a binding legal agreement between you and AwesomeWeb.
In these terms we call this web site, any successor web sites (together, the “Site”) and the service we provide the “AwesomeWeb Service”. The AwesomeWeb Service includes your use of the Site.
YOU ACKNOWLEDGE AND AGREE THAT BY CLICKING ON THE "CREATE YOUR ACCOUNT TODAY!" BUTTON YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE.
If you accept or agree to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement and, in such event, "you" and "your" will refer to that company or other legal entity.
Description of the Service
The AwesomeWeb Service collects your information and enables users of the AwesomeWeb Service to view certain information, see your portfolio, and contact you through the Site.
License to Use the AwesomeWeb Service
Subject to your compliance with the terms and conditions of this Agreement, AwesomeWeb hereby grants you a non-exclusive license, with no right to sublicense, to copy and install the AwesomeWeb platform on any website that you own or control or operate on behalf of a third party for the sole purpose of using the Service in connection with such websites. The foregoing license includes the right to use any documentation and other materials provided by AwesomeWeb to enable you to use the AwesomeWeb Service and to access and use the Service to view analytical reports generated by the Service for such websites.
You will not nor will you allow any third party to (i) modify, adapt, translate or otherwise create derivative works based on the AwesomeWeb Service; (ii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the underlying ideas, algorithms, structure or organization of the AwesomeWeb Service; (iii) rent, lease, sell, assign, distribute or otherwise transfer rights in the AwesomeWeb Service or offer the Service on a timesharing, service bureau or hosted service basis; or (iv) use, post, transmit or introduce any device, software or routine that interferes or attempts to interfere with the operation of the AwesomeWeb Service. You will comply with all applicable laws and regulations in your access to and use of the AwesomeWeb Service.
Modification of License and Site Offerings
Notwithstanding any provision of these Terms, AwesomeWeb reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (i) terminate your license to use the AwesomeWeb Service; (ii) block or prevent your future access to and use of all or any portion of the AwesomeWeb Service; (iii) change, suspend or discontinue any aspect of the AwesomeWeb Service; and (iv) impose limits on the AwesomeWeb Service.
Fees and any other charges for the use of the AwesomeWeb Service are described on the Site. They may change from time to time. If we change them, we will give you at least 30 days’ notice. If they do change, your continued use of the AwesomeWeb Service, as the case may be, after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs.
If you register for an account on the AwesomeWeb Service, you agree to (i) provide accurate, current and complete information as may be prompted by any registration forms on the Services (“Registration Data”); (ii) maintain the security of your password; (iii) maintain and promptly update the Registration Data, and any other information you provide to AwesomeWeb, and to keep it accurate, current and complete; and (iv) accept all risks of unauthorized access to the Registration Data and any other information you provide to AwesomeWeb. You are responsible for all activity on your AwesomeWeb account, and for all charges incurred by your AwesomeWeb account.
Communication with Members
If you send a message to an AwesomeWeb member, you agree to (i) be interested in hiring that member for the services they mention on their profile; (ii) not contact members with a business opportunity; and (iii) not contact members with an invitation to join a competing website. You are responsible for all information that you provide in your message.
Ownership, Copyright, & Trademarks
The AwesomeWeb Service is protected by copyright, trademark, and other laws of the United Kingdom and foreign countries. AwesomeWeb and its licensors exclusively own all right, title and interest in and to the AwesomeWeb Service, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the AwesomeWeb Service.
Termination and Account Cancellation
If you breach any of this Agreement, AwesomeWeb will have the right to suspend or disable your Account or terminate this Agreement, at its sole discretion and without prior notice to you. AwesomeWeb reserves the right to revoke your access to and use of the Service at any time, with or without cause. You may cancel your Account at any time by sending an email to email@example.com.
The Site, the Content, the Add-ons and the Services are provided to you on an “as is” basis without warranties from AwesomeWeb of any kind, either express or implied. AwesomeWeb expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. AwesomeWeb does not represent or warrant that Site, the Content, the Add-ons or the Services are accurate, complete, reliable, current or error-free.
While AwesomeWeb attempts to make your access to and use of the Services safe, AwesomeWeb does not represent or warrant that the Site, the Content, the Add-ons or the Services are free of viruses or other harmful components.
Limitation of Liability & Indemnity
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE AWESOMEWEB SERVICE REMAINS WITH YOU. NEITHER AWESOMEWEB NOR ANY OTHER PARTY WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL), OR FOR THE COST OF PROCURING SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE AWESOMEWEB SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AWESOMEWEB HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL AWESOMEWEB’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE AWESOMEWEB SERVICE EXCEED FIVE HUNDRED U.S. DOLLARS ($500). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AWESOMEWEB AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold AwesomeWeb, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or relating to: (i) your use of or access to the AwesomeWeb Service: (ii) your breach of this Agreement; or (iii) your violation of applicable laws, rules or regulations in connection with your use of the Service.
AwesomeWeb reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. Any notices or other communications permitted or required hereunder, including those regarding modifications to this Agreement, will be in writing and given: (i) by AwesomeWeb via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
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. AwesomeWeb may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of AwesomeWeb, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and AwesomeWeb regarding your use of the Site, the Content, the Add-ons and the Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and AwesomeWeb regarding your use of them. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only.
Questions & Comments
If you have any questions about this Agreement, please contact AwesomeWeb at firstname.lastname@example.org.
Last updated: January 16, 2014