7707 Merrill Rd Unit 15154
Jacksonville, FL 32239
Throughout this Agreement, We may use certain words or phrases, and it is important that You understand their meanings. For Your convenience, We have capitalized those words or phrases that are defined in this section. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
“Credit Card Information” means all information required of the User to process an online financial transaction using a credit card.
“Awakened.energy” means Awakened.energy LLC; Our Site, www.awakened.energy; Our Service(s); or a combination of all or some of the foregoing definitions, depending on the context of the word;
“Governmental Authority” means any national, state, provincial, local or other government—or subpart, agency or unit thereof—with jurisdiction over the sale of Product by Awakened.energy to Health Professionals, or by Health Professionals to Patients, or any Services furnished or received in connection with such transactions;
“Health Professional” means a licensed (if required by Law) person who uses Our Services to enhance the care provided to Patients or Clients under his or her care;
“Intellectual Property Rights” means all intellectual property rights, including intellectual property rights comprising or relating to: (a) inventions and patents; (b) trademarks, service marks and logos; (c) internet domain names registered by any authorized private registrar or Governmental Authority, web addresses, web pages, website and URLs; (d) works of authorship, expressions, designs and design registrations, whether or not copyrightable, including copyrights and copyrightable works, software, code, data, data files, and databases and other specifications and documentation; (e) trade secrets; and (f) all rights, interests and protections that are associated with, equivalent or similar to, or required for the exercise of these rights or forms of protection under the Laws of any jurisdiction throughout the world with respect to any of the foregoing, however arising in each case, whether registered or unregistered, and including all registrations and applications therefor, and renewals or extensions thereof;
“Law” means any statute, law, ordinance, regulation, rule, code, constitution, treaty, common law, governmental order, policy or other requirement or rule of law of any Governmental Authority;
“Payment Processor” means a third-party company which processes payments on behalf of Awakened.energy or a Health Professional;
“Account” means an Awakened.energy account opened in order to purchase or recommend Products on the Platform;
“Platform” means Awakened.energy’s proprietary platform through which Awakened.energy delivers Services;
“Products” means those items Purchased by Patients on the Awakened.energy platform.
“Services” refers to the services that We provide or arrange for through Our Site, including Our Site itself, all services furnished to Health Professionals, and all services provided to Patients on behalf of Health Professionals, including order processing, payment collection and processing, shipping and tracking, website hosting, and any other support services provided for Patients on behalf of Health Professionals;
“Site” refers to Our website, www.awakened.energy and the Platform and includes Health Professionals’ websites hosted by Us;
“Supplier” means a specific company that is in the business of manufacturing and/or selling specific Product(s);
“User” refers to Patients, Health Professionals, Health Product Distributors, and general visitors to Awakened.energy’s Site;
“We”, “Us”, or “Our” refers to Awakened.energy; and
“You” or “Yours” refers to you, the individual User who is entering into this Agreement with Awakened.energy.
In order to use Our Service, You must meet a number of conditions, including but not limited to:
You must not be in violation of any embargoes, export controls, or other laws of the United States of America or other countries having jurisdiction over this Agreement, Awakened.energy, or You.
You must have reached the minimum age required to enter into a contract in the area in which You reside.
You must provide Us with accurate personal information, payment information, and other information that We deem necessary to provide You with Our Services.
RIGHT TO ACCESS AND RULES OF USE
Subject to the terms and conditions of these Terms of Service, Awakened.energy hereby grants to You, so long as Your Account is in good standing with Us, a limited, personal, revocable, non-exclusive, non-transferable right to access and use the Site solely for your personal or business use.
In addition to meeting the eligibility requirements discussed above, Users agree to comply with the following rules governing Your use of Our Services:
You shall not post or send anything violent, indecent, obscene, threatening, pornographic, racist, hateful, libelous, defamatory or which discloses private or personal matters concerning any person other than yourself, or otherwise objectionable, as determined in the exclusive discretion of Awakened.energy.
You shall refrain from the making of any fraudulent or negligent representations related to Awakened.energy, the Product(s), or Our Services.
You shall not infringe on anyone’s Intellectual Property Rights (including Awakened.energy ’s Intellectual Property Rights), defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
Except as expressly provided in these Terms of Service, You shall not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any content or information from the Site, in whole or in part, without Our express written permission.
You may not do anything else which, in Awakened.energy’s sole discretion, may bring Awakened.energy or any of its Users into disrepute, or endanger the business or safety of Awakened.energy or any third party.
You must observe all directions and instructions given by Supplier in relation to the Product, including labeling, branding, directions, dosage, storage, and other directions.
You shall comply with all applicable Laws of any Governmental Authority with jurisdiction over Your actions, including the Laws applicable to any jurisdiction to which You arrange for the shipment of Product.
You may not sell any regulated goods unless You have complied with all governing regulations and Laws.
You cannot resell the Products You purchase to any third party.
You shall not hack, crack, phish, SQL inject, or otherwise compromise the confidentiality, integrity, or availability of the Awakened.energy Site, Service, or its Users’ computers, including, without limitation, viruses, worms, time bombs, Trojan horses or any other contaminating or destructive code.
You shall not use any robot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site.
You shall not permit any other person (other than an agent acting on your behalf and subject to your direct supervision) to access the Services using Your Patient Account information for any purpose.
You shall not interfere with other Users’ use of the Services, including, without limitation, spamming or otherwise using abusive tactics related to deter others from facilitating transactions.
You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other Users to use goods or services that are not otherwise authorized as Products offered by Awakened.energy.
Our provision of Services to You is contingent on Your agreement with this and all other sections of this Agreement.
You hereby expressly acknowledge that You are solely and exclusively responsible for Your compliance with any and all applicable Laws and that Awakened.energy does not purport to offer any advice or information concerning potentially applicable Laws or compliance therewith. The reference to specific laws or regulations in this section or elsewhere in this Agreement shall not be read or construed to imply that such laws or regulations are applicable to You, nor that other laws or regulations are not applicable to You. It is Your responsibility to consult with appropriate legal counsel as necessary to ensure that You are informed of and in compliance with all applicable Laws.
ACCOUNTS AND PASSWORDS
Certain features or services offered on or through the Site may require You to open a user Account (including setting up a username and password).
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT INFORMATION, INCLUDING YOUR PASSWORD, AND FOR ANY AND ALL ACTIVITY THAT OCCURS UNDER YOUR ACCOUNT. YOU AGREE TO NOTIFY Awakened.energy IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR PASSWORD. YOU MAY NOT USE THE ACCOUNT, USER NAME OR PASSWORD OF ANY OTHER INDIVIDUAL OR COMPANY AT ANY TIME WITHOUT THE EXPRESS WRITTEN PERMISSION AND CONSENT OF THE HOLDER OF THE ACCOUNT, USERNAME OR PASSWORD. Awakened.energy WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
An user seeking to view and make Product purchases through their user Account are required to register for a user Account. Users are required to provide valid Credit Card Information to register, where the registered credit card will be used for payment of Products ordered through the Service. Patients shall promptly advise Awakened.energy if their Credit Card Information changes due to loss, theft, cancellation, expiry or otherwise and Patients shall be liable for any failure to pay fees attributable to such Credit Card Information.
Communication from Awakened.energy may occasionally end up in your spam or junk folder. To ensure you receive our communication, please add Awakened.energy to your address book or list of authorized senders and monitor your junk mail regularly.
CATALOG AND PRODUCT DESCRIPTIONS
All features, specifications, Products and prices of Products described on Awakened.energy are subject to change at any time without notice. We make no representation as to the completeness, accuracy, or currency of any information on Awakened.energy. We reserve the right to make changes to information about price, description, or availability without notice. We have made every reasonable effort to display as accurately as possible the packaging of products that appear on Awakened.energy. The inclusion of any products or services on Awakened.energy does not imply or warrant that these Products or services will be available at any particular time.
Payment processing services for on Awakened.energy platform are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a practitioner on Awakened.energy, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Awakened.energy enabling payment processing services through Stripe, you agree to provide Awakened.energy accurate and complete information about you and your business, and you authorize Awakened.energy to share it and transaction information related to your use of the payment processing services provided by Stripe.All features, specifications, Products and prices of Products described on
OUR INTELLECTUAL PROPERTY RIGHTS
The Site contains copyrighted material, trademarks (including but not limited to the Awakened.energy trademark), service marks, trade dress, and other proprietary content, including but not limited to, text, software, applications, sound, photographs, buttons, images, logos, video, and graphics (the “Content”), and the entire selection, coordination, arrangement and “look and feel” of the Site and the Content are copyrighted as a collective work under copyright laws.
Awakened.energy’s Content is important because it distinguishes Awakened.energy from competitors and other websites in general, both to customers and to search engines. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site, including any Health Professional dispensary sites hosted by Awakened.energy, without receiving Our prior written permission. You further agree not to remove, alter or obscure any proprietary notice or legend of Awakened.energy, its suppliers or licensors.
Neither these Terms of Service nor Your use of the Site transfers any right, title or interest in the Site, Content, or Intellectual Property Rights to You. We and Our third-party licensors retain all of Our and their respective right, title, and interest to the Site, Content, and Intellectual Property Rights. Any rights not expressly granted are reserved.
REVOCATION OF CONSENT
We may revoke Our consent for Your use of Our intellectual property, or any other permission granted to You under this Agreement, at any time and in Our sole discretion. You agree that if We so request, You must take immediate action to remove any usage of Our intellectual property that You may have engaged in, even if it would cause a loss to You.
COPYRIGHT & TRADEMARK INFRINGEMENT
We take copyright and trademark infringement very seriously. If You believe that a Health Professional or other User has infringed on Your intellectual property rights in the United States, please notify Us immediately by sending full details to email@example.com When notifying Us of the alleged copyright infringement please provide Us with the following information:
a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;
identification of the copyrighted work alleged to have been infringed;
a description of the material that is claimed to be infringing and information sufficient to locate the material on the Site;
information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;
a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.
If We in good faith believe material to infringe a copyright or otherwise violate any Intellectual Property Rights, We will remove or disable access to such material.
If You believe that a Health Professional or other User has infringed Your Canadian copyright, please notify Us immediately by sending full details to firstname.lastname@example.org with the following information:
the claimant’s name and address;
the copyright material that is alleged to have been infringed and the claimant’s interest or right with respect to that material;
the location data (e.g. the web address or Internet address associated with the alleged infringement);
the infringement that is alleged; and
the date and time of the alleged infringement.
We will forward notices that comply with the above to the User.
Please be advised that false reports of infringement are defamatory and actionable, and a User affected by such false reports may seek an award of damages from You if such a report is made.
LIBEL AND SLANDER
Defamation is prohibited by this Agreement, and We request that You notify Us at email@example.com if You believe any content on the Site is defamatory.
If in the United States, You agree to bring an action for libel in the state and federal courts located in Jacksonville, Florida within one (1) year from the date the allegedly libelous act occurred or be deemed forever waived.
Please address such notices to Us at:
7707 Merrill Rd Unit 15154
Jacksonville, FL 32239
DISCLAIMER OF ALL WARRANTIES
ALL PRODUCTS AND SERVICES ARE PROVIDED BY Awakened.energy AND PAYMENT PROCESSOR “AS IS,” AND WE HEREBY DISCLAIM ANY IMPLIED REPRESENTATION, CONDITION OR WARRANTY WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Awakened.energy MAKES NO WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PRODUCTS, CONTENT OR SERVICES, INCLUDING THOSE SERVICES PROVIDED BY THE PAYMENT PROCESSOR, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, ACCURACY, COMPLETENESS, VALIDITY, TIMELINESS, NON-INFRINGEMENT, RESULTS, OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE OPERATION OF THE SITE OR THE PROVISION OF THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED OR THAT THE SITE OR SERVICES WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.
INDEMNITY AND LIMITATION OF LIABILITY
You hereby agree to defend, indemnify, and hold Awakened.energy, along with its affiliates, subsidiaries, directors, officers, agents and employees (collectively, the “Protected Parties”), harmless for any and all damages, costs, claims, liabilities, losses, fees and expenses incurred by Awakened.energy or a third party arising from or related to Awakened.energy’s provision of Services to You or on Your behalf, including but not limited to any breach of a representation or warranty of this Agreement or Your use of Our Site or Services. You agree that this duty to defend extends to requiring You to pay for Our reasonable attorneys’ fees, court costs, expert witness fees and disbursements.
IN NO EVENT SHALL THE PROTECTED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT Awakened.energy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU ARISING FROM OR RELATED TO THIS AGREEMENT EXCEED THE AGGREGATE AMOUNT OF COMMISSIONS PAYABLE TO YOU FROM Awakened.energy HEREUNDER DURING THE THREE (3) MONTHS PRECEDING THE FIRST CLAIM GIVING RISE TO A CAUSE OF ACTION HEREUNDER.
NONE OF PROTECTED PARTIES WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSSES, DAMAGE OR DESTRUCTION OF DATA, INCLUDING, WITHOUT LIMITATION, LOSS OF ALL YOUR ACCOUNT INFORMATION OR LOSS OF YOUR PRODUCT ORDER INFORMATION, THAT AND DAMAGES OR LOSSES YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE SERVICE OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THE SERVICE AVAILABLE TO YOU OR COLLECTING THE DATA CONTAINED THEREIN, OR FROM ANY OTHER CAUSE RELATING TO YOUR (OR YOUR PATIENTS’) ACCESS TO OR YOUR (OR YOUR PATIENTS’) INABILITY TO ACCESS THE SERVICE, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF ANY OF THE PROTECTED PARTIES. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE; ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF LIABILITY, AND EXCLUSIONS OF LIABILITY SHALL REMAIN IN EFFECT.
For jurisdictions that do not allow Us to limit Our liability:
Notwithstanding any provision of these Terms, if Your jurisdiction has provisions specific to waiver or liability that conflict with the above then Our liability is limited to the smallest extent possible by Law. Specifically, We do not disclaim liability which is not lawful to exclude, either now or in the future.
The provisions of this Section are for the benefit of the Protected Parties. Each of the Protected Parties shall have the right to assert and enforce those provisions directly against You on its own behalf.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. AS PART OF THIS AGREEMENT, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
DATA PRIVACY & SECURITY
Our privacy & security practices, as outlined in Our Privacy Statement and Terms of Service, covers only those activities that are subject to all applicable provisions of the United States of America’s federal, provincial, and state privacy laws. Awakened.energy’s policy is to operate in compliance with the privacy legislation within each jurisdiction in which we operate.
CHOICE OF LAW AND FORUM OF DISPUTE
If You are a resident of the United States of America: You agree that all actions or proceedings arising out of, in connection with, or otherwise concerning this Agreement shall be tried and litigated exclusively in the state or federal courts located in Florida and shall be governed by the laws of the State of Florida. You hereby waive the right to contest exclusive venue in the courts of Florida and irrevocably consent to the jurisdiction of the appropriate state or federal court in Florida for the purposes of this Agreement.
You agree that We are not responsible to You for anything that We may otherwise be responsible for, if it is the result of events beyond Our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, non-performance of third parties. or any other event beyond Our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Awakened.energy shall have the sole right to elect which provision remains in force.
Awakened.energy reserves all rights afforded to Us under this Agreement as well as under the provisions of any applicable Laws. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable Laws shall not be construed as a waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
We may terminate Your Account, access to the Site, or Our Services to You at Our discretion without explanation or prior notice, though We may, in Our sole discretion, provide a timely explanation. In You have ordered Product from Us directly, Our liability for refunding You, if You have paid anything to Us, will be limited to the amount You paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to Your breach of this Agreement, in which case You agree that We reserve the right offset Our reasonable assessment of potential damages attributed to Your breach against any sums owed to You.
Under no circumstances, including termination or cancellation of Our Services to You, will We be liable for any losses related to actions of other Users.
CALIFORNIA USERS AND RESIDENTS
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Awakened.energy should be addressed to Our Data Privacy Officer and sent via certified mail to:
Attn: Data Privacy Office
7707 Merrill Rd Unit 15154
Jacksonville, FL 32239
California users are also specifically entitled to exercise their consumer rights by providing notice to The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs (DCA). The DCA may be contacted by telephone at 916-445-1254 or 800-952-5210 (toll free), or in writing at
1625 North Market Blvd.
Sacramento, CA, 95834
ASSIGNMENT OF RIGHTS
You may not assign Your rights and/or obligations under this Agreement to any other party without Our prior written consent. We may assign Our rights and/or obligations under this Agreement to any other party at Our discretion.
You represent and warrant that you are the age of majority in the state which You reside and that You possess the legal right and ability to enter into these Terms of Service and to use the Service in accordance with these Terms of Service. If You are not of majority age, You may have a parent or guardian accept these Terms of Service on Your behalf. You agree to be financially responsible for your use of the Service (as well as for use of Your account by others (whether authorized or unauthorized), including use by any minors living with You) and to comply with Your responsibilities and obligations as stated in these Terms of Service.
UPDATES TO THIS TERMS OF SERVICE
We may update this Terms of Service from time to time. If We modify Our Terms of Service, We will post the revised version here, with an updated revision date. You agree to visit these pages periodically to be aware of and review any such revisions.
If We make material changes to Our Terms of Service, We may also notify You by other means prior to the changes taking effect, such as by posting a notice on Our websites or sending You a notification. By continuing to use Our Site after such revisions are in effect, You accept and agree to the revisions and to abide by them.
RELIANCE ON INFORMATION
This Web Site may include inaccuracies or typographical errors that may be corrected as they are discovered at Awakened.energy’ sole discretion.
Supplemented Terms and Conditions are available to You upon account creation at www.awakened.energy to have access to our services being a Health Professional, Patient or Health Product Distributor.
The Awakened.energy Terms of Service was revised and posted as of February 1st, 2022.