Terms and Conditions
Terms, Conditions, and Policies
In effect as of January 1, 2016
Updated on August 1, 2020
This website is owned and operated by Moments of Awe, Inc.
By accessing, browsing and/or using this Site and/or ordering products or services from MoA, you acknowledge that you are 18 years of age or older and that you have read, understand, and agree to be bound by this agreement and to comply with all applicable laws and regulations. If you do not meet all of these requirements, you must not access or use the Site.
TERMS PRIVACY REFUNDS DISCLAIMER
TERMS AND CONDITIONS OF USE
Modifications and Notice
Moments of Awe, Inc. (“MoA”, “we”, “us”) may modify this agreement at any time, and such modifications shall be effective immediately upon either posting of the modified agreement or notifying you. You agree to review these terms periodically to be aware of such modifications and your continued access or use of the Site shall be deemed your conclusive acceptance of the modified agreement. Such notice may be provided by revising the date at the top of this page or by such other form of notice as determined by MoA. Any changes or modifications will be effective immediately upon providing notice. Your continued use of our Services will constitute your acceptance of such changes or modifications.
Accessing the Site
In the event that you elect, in connection with your use of our Services, to communicate to MoA suggestions for improvements to our Services (“Feedback”), MoA will be entitled to use (or not to use) the Feedback without restriction, even if you have designated the Feedback as confidential. You acknowledge that MoA may have ideas or materials similar to the Feedback already under consideration or development and that you are not entitled to compensation or reimbursement from MoA of any kind in connection with the Feedback.
Unless otherwise indicated on the Site, the Site and all content and other materials contained therein are the proprietary property of MoA or its licensors or users and are protected by U.S. and international intellectual property laws, including, without limitation, MoA logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “MoA Materials”). You are granted a personal, limited, non-sublicensable, non-exclusive, revocable license to access and use MoA Materials in accordance with these Terms for the sole purpose of enabling you to use and enjoy the Site.
Except as otherwise expressly permitted in these Terms, you may not: (a) resell or use MoA Materials for any commercial purpose; (b) distribute, publicly perform or publicly display any MoA Materials; (c) modify or otherwise make any derivative uses of MoA Materials, or any portion thereof; (d) use any data mining, robots or similar data gathering or extraction methods; (e) download (other than the page caching) any portion of MoA Materials or any information contained therein; (f) decompile, disassemble, decode or reverse engineer MoA Materials, translate MoA Materials or otherwise attempt to learn the source code, structure, algorithms or internal ideas underlying MoA Materials or reduce MoA Materials by any other means to a human perceivable form; (g) obscure, alter or remove any notice of any copyright, trademark, trade name, service mark, logo or other intellectual property or proprietary right designation appearing on or contained within MoA Materials; (h) use the Site or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site, (i) obtain or attempt to obtain any MoA Materials or information through any means not intentionally made available or provided for through the Site or (h) use MoA Materials other than for their intended purpose.
Any use of MoA Materials other than as specifically authorized herein, without the prior written permission of MoA, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes.
You acknowledge that all right, title and interest in and to MoA Materials, including all patents, copyrights, trade secrets, trademarks and other proprietary rights embodied therein or associated therewith, are and will remain with MoA or its third party licensors.
You may not create a hyperlink to our Services for any purposes, nor use, frame or utilize framing techniques to enclose any MoA Materials (including any MoA trademark, logo or other proprietary information) without MoA’s express written consent.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Moments of Awe, Inc. (MoA). The collective work includes works that are licensed to MoA. Copyright Moments of Awe, Inc. All rights reserved. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with MoA or purchasing MoA products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with MoA or to purchase from MoA. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, without the prior written permission of MoA. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
MoA’s name, MoA logos and any other MoA product or service name or slogan included in our Services are trademarks of MoA and may not be copied, imitated or used, in whole or in part, without the prior written permission of MoA or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Moments of Awe” or “MoA” or any other name, trademark or product or service name of MoA without our prior written permission. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of MoA and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in our Services are the property of their respective owners. Reference to any other products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an MoA or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Health Care Materials
You should always speak with a health care professional before taking any dietary, nutritional, herbal or homeopathic supplement. MoA does not warrant and shall have no liability for information provided in this Site regarding recommendations concerning supplements or services for any and all physical, spiritual and mental health purposes. This information is provided solely as a guideline to be used when discussing a program with a healthcare professional. The products and related statements on this site have not been evaluated by the U.S. food and drug administration (FDA). These products are not intended to diagnose, treat, cure or prevent any disease. The information provided on this Site is for informational purposes only and is not intended as a substitute for advice from your physician, licensed herbalist or other health care professional or any information contained on or in any product label or packaging. The information contained in this Site is presented in summary form only and intended to provide broad consumer understanding and knowledge of selected topics. The information should not be considered complete and should not be used in place of a visit, call, consultation or advice of your physician or other health care provider. MoA and the Site do not recommend the self-management of health problems. Information obtained by using the Site is not exhaustive and does not cover all health conditions or their treatment. Should you have any health care-related questions, please call or see your physician or other health care provider. You should never disregard medical advice or delay in seeking it because of something you have read in this Site. If you are under medical care or taking prescriptions, you should consult with your physician as to the impact of MoA products, services or information on your health.
Materials Provided to the Website
MoA does not claim ownership of the materials you provide to the Site or post, upload, input or submit to the Site (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting MoA necessary sub-licensees permission to use your Submission in connection with the operation of our Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission. MoA is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in MoA’s sole discretion.
Registration Data, Account Security
In consideration of your use of our Services, you agree to: (a) provide accurate, current and complete information about you as may be prompted by the Site (“Registration Data”); and (b) accept all risks of unauthorized access to the Registration Data and any other information you provide to MoA. Our Services are not intended for users who are under the age of 18.
The Site is controlled, operated and administered by MoA from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use MoA content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
In the event that an MoA product is mistakenly listed at an incorrect price, MoA reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. MoA reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, MoA shall issue a credit to your credit card account in the amount of the incorrect price.
Third Party Materials
MoA may make third party content, events, information or services available on or through our Site (collectively the “Third Party Materials”) solely as a convenience to its users (e.g., event listings, links to third party websites, advertisements and promotions from third parties or the ability to use social media tools provided by third parties). Your use of any such third party materials is solely at your own risk and subject to the applicable terms and conditions and policies applicable to such third party materials. MoA does not control, endorse or adopt any Third Party Materials and makes no representation or warranties of any kind regarding the Third Party Materials, including without limitation regarding the accuracy or completeness of such Third Party Materials. Your business dealings or correspondence with such third party, and any terms, conditions, warranties or representations applicable to the Third Party Materials, are solely between you and such third party. When you leave the Site, you should be aware that these Terms and all other MoA policies no longer govern your use of such third-party websites, events, and services or any content contained thereon. You acknowledge and agree that MoA is not responsible or liable in any manner for any Third Party Materials and undertakes no responsibility to update or review any Third Party Materials.
Limitations of Liability
The site, third party materials and MoA materials are provided on an “as is” basis without any representations, warranties, covenants or conditions of any kind. In no event will MoA be liable to you for any direct, indirect, special, incidental, exemplary, punitive or consequential damages of any kind arising out of or in connection with the site, third party materials and/or MoA materials.
MoA takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Since no data transmission over the Internet can be guaranteed to be totally secure, we do not promise that the Personal Data you provide to us will always be totally secure. Therefore, you should therefore take special care in deciding what information you send to us via the Internet.
If you choose or are provided with, a username, password or any other piece of information as part of our registration and security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Terms of Sale
You will be charged payment and fees per the plans and options that you select. If payment is made via credit/debit card, you hereby: (a) authorize MoA (or its authorized payment processor) to charge the credit/debit card number you provide via the Site; and (b) represent and warrant that you are authorized to use and have fees charged to the credit/debit card number you provide via the Site. Refunds will be handled on a case-by-case basis and are subject to our refund policies.
Membership Fee Schedule
Membership Fees are charged monthly, on/near the day of each month matching your initial payment, for the following month. Paid-membership accounts in default will be automatically shifted to the free membership access level until payments are resumed.
Except as otherwise expressly stated elsewhere in these Terms, there will be no third party beneficiaries to these Terms. Enforcement of these Terms is solely at MoA’s discretion, and failure to enforce any part of these Terms in some instances does not constitute a waiver of MoA’s right to enforce the same or other part of these Terms in other instances. As used in these Terms, “including” means “including (without limitation).” The section headings of these Terms are for reference purposes only and will not affect the meaning or interpretation of these Terms. If any provision of these Terms is or becomes unlawful, void, or otherwise unenforceable (including the warranty disclaimers and liability limitations set forth on this Site), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect.
PLEASE READ THE FOLLOWING PROVISIONS CAREFULLY BECAUSE THEY REQUIRE YOU AND MoA TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH BOTH PARTIES CAN SEEK RELIEF.
You and MoA will arbitrate any dispute, claim, or controversy arising from or related to these Terms or our Services, except that neither you nor MoA is required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. Arbitration prevents you and MoA from suing in court or from having a jury trial. You and MoA will notify each other of any dispute within 30 days of when it arises and attempt informal resolution before any demand for arbitration. Arbitration will be conducted confidentially in Los Angeles County, California, by a single arbitrator in accordance with the rules of JAMS (or its successor). Except as expressly provided in these Terms, the arbitrator has the authority to grant any remedy that would otherwise be available in court. The arbitrator will render a written opinion including findings of fact and law, and the award and determination of the arbitrator will bind the parties and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The parties will equally share the expenses of the arbitration unless the arbitrator determines to apportion fees and expenses differently. To the fullest extent permitted by applicable law, whether the dispute is heard in arbitration or in court, no arbitration or claim under these terms will be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the application, and neither you nor MoA will commence against the other a class action, class arbitration, or other representative action or proceeding.
You can choose to reject this agreement to arbitrate (“opt out”) by sending MoA a written opt-out notice (the “ Opt-Out Notice ”) to firstname.lastname@example.org within 30 days after the date you accept these Terms for the first time. The Opt-Out Notice must state that you do not agree to this agreement to arbitrate and must include your name, address, phone number, and email address. You must sign the Opt-Out Notice for it to be effective, and maintain a copy and proof of submission for your own records. This procedure is the only way you can opt-out of this agreement to arbitrate. If you opt-out of this agreement to arbitrate, all other parts of these Terms will continue to apply.
Venue; Governing Law
The state and federal courts located in Los Angeles County, California, will have exclusive jurisdiction over any suit in connection with our Services or these Terms that is not subject to arbitration, and you and MoA hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts. These Terms and your access to or use of our Services will be governed by, construed in accordance with, and enforced under the laws of the State of California, without resort to its conflict of law provisions.
Moments of Awe, Inc., 250 S. Orange Street, Ste. 3, Escondido, CA 92025 USA
If you have any questions regarding the use of our Services, please contact us through our contact form, or by emailing email@example.com.
These terms and conditions contain the complete agreement between the parties. You acknowledge that there are no representations or warranties by MoA, with respect to this agreement other than those contained herein or elsewhere in a writing signed by an authorized officer of MoA.
Provided Information: We collect information that you provide directly to us when using our Services, such as when you submit an order or contact us with questions. This information may include but is not limited to your name, email address, postal address, phone number, credit card information and any other information you choose to provide.
Log and Device Information
We may log information about your use of our Services, including but not limited to the type of browser you use, access times, pages viewed, and the type of device used while accessing our Services.
Cookies and Other Tracking Technologies
We may use various technologies to collect information, and this may include web beacons and sending cookies to your computer or mobile device that help us to improve our Services and your experience. (Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.)
From Other Sources
We may also obtain information from other sources and combine that with information we collect through our Services, such as the third party vendors who support and process our payment and leasing options; this information may include but is not limited to identity verification services and credit bureaus.
Use of Information
We may use information about you for various purposes, including to: Provide, maintain, and improve our Services; provide and deliver the products and services you request; process transactions and send you related information, including confirmations and invoices; communicate with you about products and services; monitor and analyze trends, usage, and activities in connection with our Services; and carry out any other purpose for which the information was collected. MoA is based in the United States and the information we collect is governed by U.S. law. By accessing or using our Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries.
Sharing of Information
Social Sharing Features
Our Services may offer social sharing features and other integrated tools, which let you share actions you take on our Services with other media, and vice versa. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.
Advertising and Analytics Services Provided by Others
Marketing and Promotional Communications
You may opt out of receiving promotional emails from MoA by following the instructions in those emails, or through our contact form requesting to be removed from our mailing list. If you opt out, we may still send you non-promotional communications, such as those about your orders or our ongoing business relations.
If you are within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation. Those rights include: We will retain the any information you choose to provide to us until the earlier of: (a) you asking us to delete the information, (b) our decision to cease using our existing data providers, or (c) MoA decides that the value in retaining the data is outweighed by the costs of retaining it. You have the right to request access to your data that the Company stores and the rights to either rectify or erase your personal data. You have the right to seek restrictions on the processing of your data. You have the right to object to the processing of your data and the right to the portability of your data. To the extent that you provided consent to MoA’s processing of your personal data, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent. You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation. MoA requires only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.
Moments of Awe, Inc. (MoA) membership fees are charged monthly, on/near the day of each month matching your initial payment, for the following month.
Cancellation by New Registrant
For first-time paid memberships: Cancellations received within 14 days of registration may be eligible to receive a refund, less $10 service fee. New membership cancellations received after the stated deadline will not be eligible for a refund. Cancellations are accepted via the Contact Us form on momentsofawe.org and through firstname.lastname@example.org, and must be received by the stated cancellation deadline. Notifications will be exchanged via email, to the address listed in the member’s account. MoA is not responsible for notifications that are not received.
Membership Cancellations, Upgrades and Renewals
Membership cancellations for existing paid membership upgrades and renewals are effective for the first payment cycle following the cancellation. Refunds are not eligible for fees collected prior to cancellation. Cancellations are accepted via the methods described on our Membership page, as well as through the Contact Us form on www.momentsofawe.org, and email@example.com. MoA is not responsible for notifications that are not received.
Cancellation by Moments of Awe, Inc
MoA reserves the right to refuse/cancel a membership. If MoA refuses or cancels a new or renewing membership, registrants will be offered a refund of any membership fees received by MoA after the date of notification. Notification will be made via email, to the address listed in the member’s account. MoA is not responsible for notifications that are not received.
All refund requests must be made by the member or credit card holder. Refund requests must include the full name of the member and/or transaction number. Refunds will be credited back to the original credit card used for payment.
Partners, Members, and Affiliates
Moments of Awe, Inc. is not responsible for refund or cancellation of events, services or goods provided by our partners, members or other third parties, including but not limited to all products, events, or websites listed on www.momentsofawe.org. Products and services provided/sold by affiliates are subject to the return policy of that affiliate.
For Educational and Informational Purposes Only
The information contained on this Site and the resources available for download through this Site are for educational and informational purposes only.
Not Professional Advice
The information contained on this Site and the resources available for download through this Site is not intended as, and shall not be understood or construed as, professional advice. While the employees and/or owners of MoA are professionals and the information provided on this Site relates to issues within MoA’s area of professionalism, the information contained on this Site is not a substitute for advice from a professional who is aware of the facts and circumstances of your individual situation. Neither MoA nor any of its employees or owners shall be held liable or responsible for any errors or omissions on this Site or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
No Professional-Client Relationship
Your use of this Site – including implementation of any suggestions set out in this Site and/or use of any resources available on this Site – does not create a professional-client relationship between you and MoA or any of its professionals. MoA cannot accept you as a client unless and until we determine that there is a fit and until various requirements, such as fee arrangements, are resolved. Thus, you recognize and agree that we have not created any professional-client relationship by the use of this Site.
User’s Personal Responsibility
By using this Site, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Site or the resources available for download from this Site. You agree to use judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended on this Site.
You agree that MoA has not made any guarantees about the results of taking any action, whether recommended on this Site or not. MoA provides educational and informational resources that are intended to help users of this Site succeed in their online business and otherwise. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of MoA. You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients or customers of MoA or otherwise – applying the principles set out in this Site are no guarantee that you or any other person or entity will be able to obtain similar results.
Errors and Omissions
This World Wide Web Site is a public resource of general information that is intended, but not promised or guaranteed, to be correct, complete, and up-to-date. We have taken reasonable steps to ensure that the information contained in this Site is accurate, but we cannot represent that this Site is free of errors. You accept that the information contained on this Site may be erroneous and agree to conduct due diligence to verify any information obtained from this Site and/or resources available on it prior to taking any action. You expressly agree not to rely upon any information contained in this Site.
At various times, we may provide reviews of products, services, or other resources. This may include reviews of books, services, and/or software applications. Any such reviews will represent the good-faith opinions of the author of such review. We will provide honest reviews of these products and/or services. You recognize that you should conduct your own due diligence and should not rely solely upon any reviews provided on this Site.
From time to time, MoA participates in affiliate marketing and may allow affiliate links to be included on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links. As a policy, MoA will only affiliate with products, services, coaches, consultants, and other experts that we believe will provide value to our customers and followers. You recognize that it remains your personal responsibility to investigate whether any affiliate offers are right for your business and will benefit you. You will not rely on any recommendation, reference, or information provided by MoA but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the affiliate product or service.
At various places on this Site, you may find testimonials from clients and customers of the products and services offered on this Site or by MoA. The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed on this Site. Although these testimonials are truthful statements about results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not necessarily typical. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or services offered on this Site or by MoA.
MoA makes no warranties regarding the performance or operation of this site. MoA further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included on or through this site. To the fullest extent permissible under the law, MoA disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
You agree to absolve MoA of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on this site and/or the resources you may download from this site. You agree that MoA shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of this site. The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. MoA and/or its suppliers may make improvements and/or changes in the site at any time.
MoA and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. MoA and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.