Terms of Use

Overview

Your use of and access to the Awayion.com website (“Awayion Site”) provided by Awayion, LLC, d.b.a. Awayion (“Awayion”) shall be subject to and governed by the terms and conditions set forth herein and by accessing the Awayion Site you agree to be bound by the terms and conditions contained herein. “You” refers to any individual who uses or accesses the Awayion Site, or, if the Awayion Site is being used or accessed on behalf of an entity by an individual authorized to do so on behalf of such entity, then “You” refers to such entity. Carefully read and review the notices, disclaimers, limitations, terms, provisions and conditions set forth herein below.

Disclaimer and Limitation of Liability

Awayion makes no representations or warranties, either express or implied, arising by law or otherwise, of any kind with respect to the content appearing on the Awayion Site, including the accuracy, completeness, results, truthfulness, timeliness or usefulness thereof. Awayion and its licensors (and their licensors and suppliers) expressly disclaim all warranties, expressed or implied, of any kind with respect to the Awayion Site and the compatibility of your equipment, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. You agree that Awayion, its directors, officers, employees, or other representatives, as well as any third party providers shall not be liable for damages arising from your use or reliance on the Awayion Site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.

Intellectual Property Rights

The content on the Awayion Site, including without limitation, audio, text, graphics, skins, and icons (“Content”) and the trademarks and logos (“Marks”), are owned by or licensed to Awayion. Content on the Awayion Site are provided to you “as is” for your information and non-commercial use only and may not be used for any other purpose without our prior written consent. We reserve all rights not expressly granted to you. You agree not to circumvent, disable or otherwise interfere with security-related features of the Awayion Site. Awayion makes no representations or warranties regarding the accuracy or completeness of the information provided by the Awayion Site. The use of any Marks without Awayion’s express written consent is strictly prohibited. You agree to attribute Awayion as the creator and source of origin of the Content. All representations of the Content must include a clearly readable copyright notice acknowledging Awayion, LLC as the copyright holder. You agree to include any additional copyright notices as may be requested from time to time by Awayion.

Third Party Content

You further acknowledge that the Awayion Site being provided under these Terms of Use may be subject to certain restrictions and limitations set forth in certain license agreements to which Awayion is subject (“Third Party Licenses”). Awayion reserves the right, at any time, to add additional restrictions required under any Third Party Licenses.

The Awayion Site may contain links to third party websites that are not owned or controlled by Awayion. Awayion assumes no responsibility for any third party website, and you release Awayion from any liability arising from your use thereof.

No Unlawful or Prohibited Use

As a condition of your use of the Awayion Site you warrant to Awayion that you will not use any information derived therefrom for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Awayion contains trade secrets and in order to protect them, you may not decompile, reverse engineer, disassemble, or otherwise reduce the content appearing on the Awayion Site to a human perceivable form. You may not use any robot, spider, sitesearch/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Awayion or its content. You may not record, process, or mine information about other users. You may not attempt to gain unauthorized access to the computer systems or networks connected to the Awayion Site through hacking or any other means. You may not use any device software or routine that interferes with the proper working of the Awayion Site, or otherwise attempt to interfere with the proper working of the Awayion Site.

Compliance with Laws

You agree to comply with all applicable laws in your use and reliance on the Awayion Site.

Indemnification

You shall indemnify and hold harmless Awayion its affiliates, shareholders, employees for any damages or claims of third parties attributable to (a) your reliance on the Awayion Site or any third party that uses or relies on any deliverables created with the Awayion Site, (b) your failure to perform or comply with any term of these Terms of Use, or (c) any claim resulting from any data or instructions provided by you to Awayion or any third party.

General

You acknowledge that you have read and understand these Terms of Use, and that by using the Awayion Site you agree to be bound by these Terms of Use. You further agree that these Terms of Use is the complete and exclusive statement of these Terms of Use between Awayion and you which supersedes any proposal or prior agreement, oral or written, and any other communication between Awayion and you relating to the subject matter of these Terms of Use. No variation of the terms of these Terms of Use or any different terms will be enforceable against Awayion unless Awayion gives its express consent, including an express waiver of the terms of these Terms of Use, in a writing signed by an officer of Awayion, LLC. These Terms of Use shall be governed by North Carolina law except as to copyright matters which are covered by Federal law. These Terms of Use are deemed entered into at Charlotte, NC, by both parties. Should any provision of these Terms of Use be declared unenforceable in any jurisdiction, then such provision shall be deemed to be severable from these Terms of Use and shall not affect the remainder hereof. You shall be responsible for any attorneys’ fees incurred by Awayion in enforcing any obligation hereunder.