Terms & Conditions For Use

AWEARNESS Blog Terms of Use

Please read this User Agreement before using this Service. By continuing to use Awearness Blog, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. In addition, when using particular areas, features and/or functions of Awearness Blog, you shall be subject to any posted guidelines or rules applicable to such areas, features and/or functions.

Description of Service

Welcome to the AWEARNESS Blog (“Awearness Blog”, “Service,” “we,” “us” or “our”). By using this Service, you agree to be bound by all of the terms of these terms of use (the “Terms of Use”). Awearness Blog reserves the right to modify these Terms of Use and/or the Service at any time. You are responsible for regularly reviewing these Terms of Use and any additional terms and conditions posted to the Terms of Use. Your continued participation with the Service and use of Awearness Blog constitutes your agreement to all such terms, conditions, and notices.

In order to use Awearness Blog, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web and/or the mobile telephone voice and/or data network, including a computer and modem or other access device.

We grant you a limited license to access and make personal use of Awearness Blog, but not to download (other than page caching) or modify any portion of Awearness Blog, except as specifically authorized on Awearness Blog or otherwise with our express written consent. This license does not include any resale or commercial use of Awearness Blog, or the contents of Awearness Blog; any derivative use of Awearness Blog and/or its respective contents; any downloading or copying of account information for the benefit of a third party not authorized by us; or any use of data mining, robots, or similar data gathering and extraction services. Awearness Blog and/or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

CONTENT SUBMISSIONS

Certain portions of the Awearness Blog allow you to post or upload comments, materials, information, or other content (collectively, “User Generated Content”). We do not, and you agree that we have no obligation to, review the User Generated Content posted and/or submitted by users accessing Awearness Blog, that we are not in any manner responsible for User Generated Content, that we do not guarantee the accuracy, integrity or quality of User Generated Content, and that we cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on Awearness Blog. You acknowledge that by providing you with the ability to access and view User Generated Content on Awearness Blog, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any User Generated Content or activities of users on Awearness Blog. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily ours.

Notwithstanding the foregoing, you acknowledge and agree that we have the absolute right to monitor User Generated Content posted to Awearness Blog in our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that we do not have any obligation to use or respond to any User Generated Content.

Your User Generated Content is not confidential or proprietary. You grant to us a non-exclusive, non-revocable, worldwide, perpetual right to use your User Generated Content in any manner or media now or later known without limitation including but not limited to the right to sublicense and assign and commercialize without any compensation due to you.

You agree that you shall immediately notify us in writing of any objectionable content appearing on Awearness Blog. We will make good faith efforts to investigate allegations that any User Generated Content violates these Terms of Use but (a) make no warranty to you that we will edit, remove, or continue to permit the display of any specific User Generated Content, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Generated Content.

Any use of any content on this website, including, without limitation, User Generated Content will be at your own risk.

You may not post or otherwise distribute content to the website which we in our sole discretion determine to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of ours, illegal, or otherwise objectionable to us. You may not upload commercial content on Awearness Blog or use Awearness Blog to solicit others to join or become members of any other commercial online service or other organization. You may be required to register and/or agree to additional terms of use prior to being permitted to post or otherwise distribute User Generated Content to Awearness Blog. You shall indemnify and hold us harmless with respect to all claims resulting from User Generated Content you supply.

CONTENT GUIDELINES

The Awearness Blog is a place to share your thoughts and opinions. When leaving comments on the Awearness Blog, please respect the rights of fellow community members by observing the following guidelines:

  • Do not post comments that are irrelevant to the issues and ideas being discussed directly on the Awearness Blog.
  • Do not post content that can be construed as threatening, harassing, defamatory or libelous.
  • Do not make statements that are intentionally false or misleading in nature.
  • Do not solicit offers to buy or sell products/services or otherwise attempt to engage in commercial transactions.
  • Do not post content that infringes on copyrights or trademarks.
  • Do not post information that you know to be confidential, sensitive or proprietary in nature.

We accept no responsibility for information posted in the Comments. If we determine or receive notice that a comment is not in keeping with these terms and conditions or the intended use of the comments, we reserve the right to remove that comment immediately. The removal of any comment shall be solely at our discretion.Please note that once you post a comment to one of our sites, it becomes part of the public dialogue. As a matter of policy, we will not remove a user comment unless they are in direct violation of the Terms of Use.

OWNERSHIP

All content on Awearness Blog such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our property and is protected by U.S. and/or international copyright laws. The compilation of all content on Awearness Blog is our exclusive property and is protected by U.S. and/or international copyright laws. Except as expressly provided in "Description of Service" above, your use of and access to Awearness Blog does not grant you any license or right to use any of our trademarks, trade names or copyrights.

COPYRIGHT AGENT

The Digital Millennium Copyright Act of 1998 (the DMCA) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on Awearness Blog in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on Awearness Blog; (4) your address, telephone number, and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright infringement can be reached at editor@awearnessblog.com.We suggest that you consult your legal advisor before filing a notice with our copyright agent. You should note that there can be penalties for false claims under the DMCA.

We may, in appropriate circumstances and in our sole discretion, terminate the accounts of users who may be repeat infringers or otherwise prohibit such users from accessing Awearness Blog.

REGISTRATION

Registration may be required for the use of certain portions of Awearness Blog, including to post User Generated Content. Your registration shall not impose any duty on us to provide any particular service to you. If you choose to register, your username and password will be your identity for purposes of interacting with Awearness Blog and other users through Awearness Blog. You shall keep confidential, shall not disseminate, and shall use solely in accordance with this Agreement, your username, and password for Awearness Blog. You shall immediately notify us if you learn of or suspect: (i) any loss or theft of your username or password, or (ii) any unauthorized use of your username or password or of Awearness Blog. In the event of such loss, theft, or unauthorized use, we may impose on you, at our sole discretion, additional security obligations.

If any unauthorized person obtains access to Awearness Blog as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly brief us. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.If we collect any information during the registration process, we will only collect information from those of you who have attained the age of majority your place of residence. Awearness Blog is not directed to children. Please see our Privacy Policy http://www.kennethcole.com/scripts/aboutus/security.asp regarding the collection of information.

LINKS

We may provide, or third parties may provide, links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, goods or services available on or through any such site or resource.

INDEMNIFICATION

You agree to indemnify and hold us, our representatives, agents, affiliates, and subsidiaries harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your use of Awearness Blog, your violation of these Terms of Use, or your violation of any rights of another person or entity.

DISCLAIMER OF WARRANTY

YOUR USE OF AWEARNESS BLOG IS AT YOUR SOLE RISK. AWEARNESS BLOG IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WE DO NOT WARRANT THAT AWEARNESS BLOG AND/OR ITS SERVERS, OR E- MAIL SENT FROM US OR AWEARNESS BLOG ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT (i) AWEARNESS BLOG WILL MEET YOUR REQUIREMENTS, (ii) AWEARNESS BLOG OR THE SERVERS THAT MAKE AWEARNESS BLOG AVAILABLE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF AWEARNESS BLOG WILL BE ACCURATE, USEFUL OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH AWEARNESS BLOG WILL MEET YOUR EXPECTATIONS, AND (v) ANY DEFECTS OR ERRORS OF AWEARNESS BLOG WILL BE CORRECTED.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF AWEARNESS BLOG IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM AWEARNESS BLOG SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE AWEARNESS BLOG; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, GOODS AND/OR SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM AWEARNESS BLOG; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON AWEARNESS BLOG; OR (v) ANY OTHER MATTER RELATING TO US.

IF DESPITE THE LIMITATION ABOVE, WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATION ABOVE, THEN OUR LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF U.S.$100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

NOTICE

We may provide notices of changes to these Terms of Use or other matters by posting conspicuous notices or links to notices to you generally on Awearness Blog. Your continued use of Awearness Blog following the posting of conspicuous notice of any change or modification to these Terms of Use will be subject the Terms of Use in effect at the time of your use. You agree to review the Terms of Use periodically. Your continued use of Awearness Blog following the posting of conspicuous notice of any modification will be your acceptance of the modified Terms of Use.

GENERAL

These Terms of Use constitute the entire agreement between you and Awearness Blog and govern your use of Awearness Blog, superseding any prior agreements between you and us. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Your acceptance of the Terms of Use and use of Awearness Blog do not create a joint venture, partnership, employment or agency relationship between you and us. You may not assign, delegate or transfer your rights or obligations under the Terms of Use and any such prohibited assignment transfer shall be null and void. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms of Use and the relationship between you and us shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the County of New York, New York. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Awearness Blog or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and/or the country in which you reside. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

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