Terms & Conditions

 

WEBSITE TERMS AND CONDITIONS OF USE AND DISCLOSURE POLICY

By visiting and using this website or any A Breath of Fresh Awe (defined below), you agree that you have read, understood, and agree to the following Terms and Conditions of Use by A Breath of Fresh Awe LLC.

A BREATH OF FRESH AWE INTELLECTUAL PROPERTY

This website and any related website or forum hosted on any platform by A Breath of Fresh Awe (including but not limited to any A Breath of Fresh Awe group or subgroup on Facebook.com and the Awe Stories) include materials protected by U.S. and international intellectual property laws, including but not limited to written text, logos, photos, videos, music, art, designs and graphics. These materials are owned by A Breath of Fresh Awe, or are used by A Breath of Fresh Awe with permission from their owners. You may view, download, print, email and use materials from A Breath of Fresh Awe for personal, noncommercial purposes only. You may not republish, reproduce, duplicate, copy, display, distribute, post materials from A Breath of Fresh Awe on any other website or social media, or otherwise use any material from A Breath of Fresh Awe for commercial purposes. Any reproduction or unauthorized use of any materials found on A Breath of Fresh Awe shall constitute infringement.

YOUR INTELLECTUAL PROPERTY

If you submit, comment or post any materials (such as photos, videos or written content) to A Breath of Fresh Awe, you represent and warrant that: (1) you are at least 13 years old; (2) you are the owner of or have permission to share such materials; (3) you grant A Breath of Fresh Awe a perpetual, royalty-free, worldwide non-exclusive license to use, copy, reproduce, publish, distribute, display and publicly perform those materials, in whole or part, in any manner or medium, now known or hereafter developed, for any purpose, including commercial purposes and advertising; (4) you grant A Breath of Fresh Awe a perpetual, royalty-free, worldwide non-exclusive license and release to use your name and likeness in connection with such materials for any purposes, including commercial purposes and advertising. A Breath of Fresh Awe does not claim any ownership rights in your materials.

Please choose carefully the materials that you upload to, submit to, or embed on A Breath of Fresh Awe. Any material you post on A Breath of Fresh Awe becomes public. You are responsible for your material and for any liability that may result from the material you post on A Breath of Fresh Awe. You participate, comment, and post material on A Breath of Fresh Awe at your own risk. Any communication by you on A Breath of Fresh Awe, whether by leaving a comment or participating in a chat room, message board, public forum, contact submission form or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.

A Breath of Fresh Awe, in its discretion, may delete or modify, in whole or part, any post, comment or submission to A Breath of Fresh Awe. A Breath of Fresh Awe does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. A Breath of Fresh Awe neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on A Breath of Fresh Awe. A Breath of Fresh Awe shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on A Breath of Fresh Awe.

GENERAL RULES FOR USE OF A BREATH OF FRESH AWE

You are strictly forbidden from the following:

• Causing damage to any A Breath of Fresh Awe

• Using A Breath of Fresh Awe for any unlawful, illegal, fraudulent or harmful purpose or activity

• Using A Breath of Fresh Awe to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software

• Using A Breath of Fresh Awe to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes

• Systematically or automatically collecting data from A Breath of Fresh Awe

• Sharing private and proprietary information from A Breath of Fresh Awe with anyone else

A Breath of Fresh Awe may, without notice, refuse access to A Breath of Fresh Awe (in whole or in part),without refund, to any person that fails to comply with these Terms or for any other reason in its sole discretion.

NO LIABILITY FOR OPINIONS, ADVICE, OR THIRD-PARTY MATERIALS

A Breath of Fresh Awe provide information only, and do not provide any financial, legal, medical or psychological services or advice. None of the content on A Breath of Fresh Awe prevents, cures or treats any mental or medical condition. You are responsible for your own physical, mental and emotional well-being, decisions, choices, actions and results. A Breath of Fresh Awe disclaims any liability for your reliance on any opinions or advice contained in A Breath of Fresh Awe.

Any links to third-party products, services, or sites are subject to separate terms and conditions. A Breath of Fresh Awe is not responsible for or liable for any content on or actions taken by such third-party company or website. Although A Breath of Fresh Awe may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.

DISCLAIMER

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH A BREATH OF FRESH AWE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BEING BOSS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BEING BOSS DOES NOT WARRANT THAT A BREATH OF FRESH AWE OR ANY OF THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF A BREATH OF FRESH AWE, INCLUDING MEMBERSHIP AREAS, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

A BREATH OF FRESH AWE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, A BREATH OF FRESH AWE, INCLUDING THEIR MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH A BREATH OF FRESH AWE.

LEGAL TERMS

These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to its conflict of laws. The nearest state and federal courts to Nashville shall have exclusive jurisdiction over any case or controversy arising from or relating to A Breath of Fresh Awe, including but not limited to the Privacy Policy or these Terms. By using A Breath of Fresh Awe, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens.

A Breath of Fresh Awe controls and operates A Breath of Fresh Awe from offices in the United States. A Breath of Fresh Awe does not represent that materials on A Breath of Fresh Awe are appropriate or available for use in other locations. People who choose to access A Breath of Fresh Awe from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

A Breath of Fresh Awe may change, modify or update these Terms at any time without notice. Any access or use of A Breath of Fresh Awe by you after A Breath of Fresh Awe posts such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact abreathoffreshawe@gmail.com.

INDEMNITY

You agree to defend, indemnify and hold harmless A Breath of Fresh Awe and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of A Breath of Fresh Awe in violation of these Terms of Use, (ii) any breach by you of these Terms of Use or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to A Breath of Fresh Awe, (iv) your use of materials or features available on A Breath of Fresh Awe (except to the extent a claim is based upon infringement of a third-party right by materials created by A Breath of Fresh Awe) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

DISCLOSURE POLICY

A Breath of Fresh Awe does accept forms of cash advertising, sponsorships, paid insertions, complimentary products, or other forms of compensation.

A Breath of Fresh Awe believes in honesty. The advertising content, topics or posts on A Breath of Fresh Awe may be influenced by the compensation received. Any content, advertising space or posts will be clearly identified as paid or sponsored content.

Even though A Breath of Fresh Awe receives compensation for some of its posts, online content, or advertisements, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on A Breath of Fresh Awe are purely those of A Breath of Fresh Awe, its members, employees, agents, and contributors. Any product claim, statistic, quote or other representation about a product or service may have been provided to A Breath of Fresh Awe by a third party and you should verify it with the manufacturer, provider or party in question before relying on it.

A Breath of Fresh Awe LLC.