Terms of Use
Freedom Awaits, LLC
IMPORTANT - READ CAREFULLY:
These "Terms of Use" (sometimes referred to as this "Agreement") constitute a legal agreement between you and Freedom Awaits, LLC,, a Texas limited liability company ("Freedom Awaits, LLC,", "we", "our", or "us"). You are a customer. The "Term" is the time during which you are entitled to use our website to create content on our website. If an individual purports, and has the legal authority, to sign these Terms of Use electronically on behalf of an employer or client, "you" refers to the employer or client. If not, "you" refers to the individual signing hereon. You are responsible for assuring that all the terms and conditions of this Agreement are complied with. By clicking the button to confirm any services with Freedom Awaits, LLC, you will be agreeing to the terms of this Agreement. Furthermore, by clicking that button, after typing in your personal information, or other indication of your identity, you do confirm to us that typing in such indication of identity constitutes your "signing" of this Agreement for all purposes under applicable law. Any individual clicking the button on behalf of another individual or entity, listed as the customer above, does hereby represent and warrant that such agreement is being made with full authority. By accessing the website, you signify that you have read, understand and agree to these terms and conditions ("Terms of Use"). You are legally bound by these Terms of Use, which is an agreement between you and Freedom Awaits, LLC.
We reserve the right, at our sole discretion, to change the Terms of Use at any time without further notice. If we make changes, we will post the new Terms of Use on the website and indicate at the bottom of this page the date on which these Terms of Use were last updated. Your continued use of the website after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not access the website. It is your responsibility to review these Terms of Use regularly.
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Registration
You agree you will not provide any false personal information on the website, or create an account for anyone other than yourself without permission. You also agree that you will keep your contact information accurate and up-to-date. You warrant that you will comply with all applicable laws. You agree you will not use the website if you are under the age of 13. Children under the age of 18 are permitted to visit the website provided they adhere to all the conditions set forth in these Terms of Use and obtain parental consent.
If you are under age 13, please do not attempt to register on the website or provide any personal information about yourself to us. If we discover that a child under age 13 has provided us with personal information, we will use reasonable efforts to delete this information as quickly as possible. We strongly recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet. We encourage parents to teach their children about safe Internet use practices.
Termination
If you violate these Terms of Use, we may cease providing all or part of the website to you. You may also delete your account at any time. In all such cases, these Terms of Use shall terminate, but this section and the sections below will still apply.
Proprietary Rights
The content of the website, including, without limitation, the text, software, scripts, graphics, pictures, photos, sounds, music, videos, organization, and interactive features, and the trademarks, service marks, and logos contained therein, are owned by or licensed by us, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. No right, title, or interest in any downloaded materials is transferred to you as a result of downloading. You agree that you will not use our copyrights or trademarks, or any confusingly similar marks, without our written permission.
The website may contain links to websites owned and operated by third parties that we do not own or control. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites. We cannot and will not edit or censor content on third-party websites, and you expressly release us of any liability arising from your use of a third-party website. We do not endorse and do not make any representations or warranties about any website you may access through the website. You should be aware of and read the terms and conditions and privacy policies of every website you visit.
If you have any questions regarding your intellectual property rights, contact us at info@myfreedomawaits.com.
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Addressing Disputes
You agree to file any claims arising out of or relating to these Terms of Use exclusively in a state or federal court located in Tarrant County, Texas. The laws of the State of Texas will govern these Terms of Use, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Tarrant County, Texas, for the purpose of litigating all such claims. Nothing in these Terms of Use will prevent us from complying with the law.
IF ANYONE BRINGS A CLAIM AGAINST US RELATED TO YOUR ACTIONS OR INFORMATION ON THE WEBSITE, YOU WILL INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE LEGAL FEES AND COSTS) RELATED TO SUCH CLAIM.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. THE WEBSITE AND ALL CONTENT, DATA, MATERIALS AND DOCUMENTATION PROVIDED IN CONNECTION WITH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, FREEDOM AWAITS, LLC, ITS MEMBERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. FREEDOM AWAITS, LLC, DOES NOT WARRANT THAT THE WEBSITE WILL BE PROVIDED ERROR-FREE, UNINTERRUPTED, COMPLETELY SECURE OR VIRUS FREE. YOU AGREE FREEDOM AWAITS, LLC, ITS MEMBERS, EMPLOYEES, OR AGENTS, WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY (I) UNAUTHORIZED ACCESS TO OR USE OF FREEDOM AWAITS, LLC, SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (II) ANY INTERRUPTIONS OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (IV) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OF USE OR THIS WEBSITE WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
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Mediation
The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
Either party may commence the mediation process by providing to the other party written notice, setting forth the subject of the dispute, claim or controversy and the relief requested. Within ten (10) days after the receipt of the foregoing notice, the other party shall deliver a written response to the initiating party's notice. The initial mediation session shall be held within thirty (30) days after the initial notice. The parties agree to share equally the costs and expenses of the mediation (which shall not include the expenses incurred by each party for its own legal representation in connection with the mediation).
The parties further acknowledge and agree that mediation proceedings are settlement negotiations, and that, to the extent allowed by applicable law, all offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties or their agents shall be confidential and inadmissible in any arbitration or other legal proceeding involving the parties; provided, however, that evidence which is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
The provisions of this section may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including reasonable attorneys’ fees, to be paid by the party against whom enforcement is ordered.
Others
These Terms of Use and the Privacy Policy are the entire and exclusive agreement between you and us with respect to your access and use of the website. If any portion of these Terms of Use are found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of these Terms of Use, it will not be considered a waiver. Any amendment to or waiver of these Terms of Use must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. These Terms of Use do not confer any third party beneficiary rights.
Effective Date: August 10, 2022