Effective Date: 10/1/2015
Please carefully read the following Terms before using the Web site. By accessing and using the Web site or Services, or the content displayed on, posted to, transmitted, streamed, or distributed or otherwise made available on or through the Web site, including without limitation, User Materials and Submissions (collectively, “Content”), you acknowledge that you have read, understood and agree to be bound by these Terms which form an agreement that is effective as if you had signed it. If at any time you do not agree to these Terms, please do not access or use the Web site or any of its Content or Services.
2) Permitted Users of Web site
The Web site, Content, or Services are solely directed to persons at least 18 years of age (or for jurisdictions in which 18 years old is not the age of majority, at least the age of majority for your jurisdiction). We are not responsible or liable for any content, communication, or other use or access of the Web site, Content, or Services by users of this Web site in violation of these Terms.
3) Permitted Use of Web site
The Content (other than Submissions which are governed by Section 8), Web site, and Services are the sole and exclusive property of WAKEUP CALL and/or its licensors. You agree not to reproduce, republish, upload, post, duplicate, modify, copy, translate, broadcast, alter, distribute, frame, create derivative works from, sell, resell, transmit, transfer, display, perform, license, assign or publish, or exploit for any commercial purpose, any portion of the Web site, WAKEUP CALL’s Intellectual Property or Content or Services other than as expressly authorized by WAKEUP CALL in writing, including without limitation, posting or transmitting any advertising, sponsorships, or promotions on, in or through the Service, Web site, or Content. You agree that each membership, and all services provided to that membership, is expressly for the use of the single location associated with that membership. You agree not to share membership usage or information with any non-members or non-member locations. Corporate (multiple-location) memberships agree not to share any membership services with any locations, whether owned, managed or non-owned by the corporate member, that do not have a membership or have not been added to their corporate group within the WAKEUP CALL system. No changes in membership are permitted other than mentioned in Section 6 ‘Transfer Policy’. Use of the Web site or the Content or Services in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law. You agree not to access the Web site, Content or Services through any technology or means other than the video streaming pages of the Service itself or other explicitly authorized means WAKEUP CALL may designate. You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, or “offline readers” that accesses the Web site, Content, or Service. WAKEUP CALL reserves the right to remove or suspend access to the Web site, Content, or Services without prior notice.
You may not duplicate, publish, display, modify, alter, distribute, frame, post, perform, reproduce, broadcast, copy, sell, resell, exploit, or create derivative works from any part of the Web site or the Content or Services unless expressly authorized by WAKEUP CALL in writing or as expressly set forth herein. You agree that you will not remove, obscure, or modify any acknowledgements, credits or legal, intellectual property or proprietary notices, or marks, or logos contained on the Web site or in the Content or Services. You agree not to collect or harvest any personally identifiable information from the Service, nor to use the communication systems provided by the Service (e.g., forums, comments) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service or Web site. In your use of the Web site, Content or Service, you will comply with all applicable laws, regulations, rules, decrees, and ordinances. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that WAKEUP CALL is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, misleading, or incomplete. You further understand and acknowledge that any content posted by Tom Riskman, or any employee, agent, independent contractor, or other individual associated or affiliated with WAKEUP CALL, does not constitute legal advice and does not create an attorney-client relationship, as further laid out in Section 17 below. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against WAKEUP CALL with respect to any content you are exposed to during your use of the Service.
5) Cancellation Policy
WAKEUP CALL provides services, not products or “goods.” WAKEUP CALL offers a free 15 day trial before joining. After the expiration of the trial, you must sign up for a paid subscription to continue using the Website. All sales are final whether the free 15 day trial is utilized or not. While you may cancel at any time, meaning that you will not be billed for the next subscription term, WAKEUP CALL will not provide you with a refund for any unused portion of the agreed upon subscription term at the time of cancellation. Further information on cancellation based on your subscription term is found below:
For yearly subscribers paying on a yearly basis: Yearly subscriptions will be automatically renewed on your annual renewal date until you cancel. Renewal rates are subject to change, but we will notify you of any change beforehand. You may cancel your yearly subscription to WAKEUP CALL’s services at any time, but no later than the last business day of your yearly subscription. If you cancel your subscription prior to the end of your annual term, you will not receive a refund for any unused portion of your subscription.
For yearly subscribers paid in monthly installments: Yearly subscriptions paid in monthly installments will be automatically renewed on your annual renewal date until you cancel. Renewal rates are subject to change, but we will notify you of any change beforehand. Electing to pay for your yearly subscription on a monthly basis does not covert the term of the agreement from yearly to monthly. Your subscription begins as soon as we receive your initial payment. You will be charged the monthly rate every month for the duration of your subscription.. You may cancel your yearly subscription to WAKEUP CALL’s services at any time, but no later than the last business day of your yearly subscription. If you cancel your subscription prior to the end of your annual term you will not receive a refund for any unused portion of your subscription. If you cancel your subscription prior to the end of your annual term, within five days of receiving your notice of cancellation, WAKEUP CALL will charge the credit card on file for your account for the months that remain in your yearly term.
6) Transfer Policy
WAKEUP CALL does not allow the transfer of memberships from one business (location) to another for Individual (single location) memberships. A Corporate (multiple locations) membership can transfer a current membership from a sold location to a newly purchased/managed location for the balance to the membership. The transfer must be made in writing to WAKEUP CALL within 30 days of the sale of the location wanting to transfer from. Memberships cannot be transferred between currently owned locations. A Corporate (multiple locations) membership cannot transfer its corporate location membership to any other location, whether owned, managed or non-owned by the corporate member.
7) Account Password and Security
The Web site contains features that require registration. You agree to provide accurate, current and complete information about yourself as prompted. If you provide any information that is inaccurate, not current or incomplete, or WAKEUP CALL has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, WAKEUP CALL may remove or de-register you from this Web site or contest, at its sole discretion. WAKEUP CALL reserves the right to take appropriate steps against any person or entity that intentionally provides false or misleading information to gain access to portions of the Web site that would otherwise be denied. You agree that you will not have any claim against WAKEUP CALL as a result of any action it takes based on its reasonable suspicions.
You are responsible for any actions that take place while using your WAKEUP CALL account. At the time you register for online account access, you may be required to select a username and password to be used in conjunction with your account. You are responsible for maintaining the confidentiality of your password and are fully responsible for all uses of your password and transactions conducted in your account, whether by you or others. WAKEUP CALL is not responsible for any loss that results from the unauthorized use of your username/password, with or without knowledge. You agree to (a) log out of your account at the end of each session; (b) use a complex password; (c) keep your password confidential and not share it with anyone else; and (d) immediately notify WAKEUP CALL of any unauthorized use of your password or account or any other breach of security. WAKEUP CALL is authorized to act on instructions received through use of your password, and is not liable for any loss or damage arising from your failure to comply with this Section. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
8) Proprietary Rights
You acknowledge and agree that, as between WAKEUP CALL and you, all right, title, and interest in and to the Web site, Content, and Services including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by WAKEUP CALL or its licensors, are valid and enforceable, and are protected by United States intellectual property laws and other applicable laws. Any attempt to use, redistribute, reverse engineer, or redesign the information, code, videos, textual or visual materials, graphics, or modules contained on the Web site for any other purpose is prohibited. WAKEUP CALL and its licensors reserve all rights not expressly granted in and to the Web site, Service and the Content.
Copyright: As between you and WAKEUP CALL , you acknowledge and agree that all Content and Services included in the Web site, such as text, graphics, logos, icons, videos, images, media, data, audio, visual, animation, software and other information and materials, is the copyright and property of WAKEUP CALL or its content suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Web site or Content for the sole purpose of using the Web site as a personal internal resource or otherwise for its intended purposes, provided that all hard copies contain all copyrights and trademarks, and other applicable intellectual property and proprietary marks and notices. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Web site, Content, or Services is strictly prohibited.
Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Web site are proprietary to WAKEUP CALL or its licensors. Without limiting the foregoing, “WAKEUP CALL” and “Tom Riskman” are the trademarks of WAKEUP CALL. Unauthorized use of any trademark of WAKEUP CALL may be a violation of federal or state trademark laws. Any third party names or trademarks referenced in the Web site do not constitute or imply affiliation, endorsement or recommendation by WAKEUP CALL, or of WAKEUP CALL by the third parties.
9) Your Indemnity of WAKEUP CALL
10) User Generated Content
- a) Communications Services: The Web site may contain areas for you to leave comments or feedback, chat areas, blogs, bulletin board services, focus groups, forums, contests, games, communities, calendars, and/or other message or communication facilities designed to enable you and others to communicate with WAKEUP CALL and other users of the Web site (collectively, “Communication Services”). The opinions expressed in the Communication Services reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of WAKEUP CALL. You acknowledge that your submissions to the Web site may be or become available to others. You agree only to post, send and receive messages and materials that are in accordance with these Terms and related to the particular Communication Service.
- b) Prohibited Actions: You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and WAKEUP CALL reserves the right to determine what types of conduct it considers to be inappropriate use of the Web site. In the case of inappropriate use, WAKEUP CALL or its designee may take such measures as it determines in its sole discretion.
By way of example, and not as a limitation, you agree that when using the Web site, Content, Services or a Communication Service, you will not:
- Use the Web site, Content or Services for any purpose or to take any actions in violation of local, state, national, or international laws, regulations, codes, or rules.
- Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service.
- Take any action that imposes an unreasonable or disproportionately large load on the Web site’s infrastructure or otherwise in a manner that may adversely affect performance of the Web site or restrict or inhibit any other user from using and enjoying the Communication Services or the Web site.
- Use the Web site for unauthorized framing of or linking to, or access via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to the Content or Services.
- Aggregate, copy, duplicate, publish, or make available any of the Content or Services or any other materials or information available from the Web site to third parties outside the Web site in any manner or any other materials or information available from the Web site.
- Defame, bully, abuse, harass, stalk, demean, threaten or discriminate against others or otherwise violate the rights (such as rights of privacy and publicity) of others or reveal another users’ personal information, e.g. hate speech.
- Publish, post, upload, distribute or disseminate any inappropriate, disparaging, profane, defamatory, infringing, obscene, indecent, sexually explicit, or unlawful topic, name, material, content, video, image, audio, caption, or information. Be advised that we work closely with law enforcement and we report child exploitation.
- Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights, titles, or interests thereto or have received all necessary consents or rights.
- Upload or transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Use the Web site to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation or conduct or forward surveys.
- Harvest or otherwise collect information about others, including email addresses, without their consent.
- Download any file or material posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Engage in any other action that, in the judgment of WAKEUP CALL, exposes it or any third party to potential liability or detriment of any type.
If you use, view, or access this Web site in contravention of these Terms, or if you have repeatedly violated these Terms or a third party’s copyright, we reserve the right to terminate the permissions or rights granted to you by WAKEUP CALL and we reserve all of our rights under this Agreement, at law and in equity.
11) Notice and Procedures for Making Claims of Copyright or Intellectual Property Infringement
WAKEUP CALL may, in appropriate circumstances and at its sole discretion, disable and/or terminate use of the Web site, Content, or Services by users who infringe on the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide WAKEUP CALL’s Copyright Agent a Notice containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Web site (providing URL(s) in the body of an email is the best way to help WAKEUP CALL locate content quickly);
- your name, address, telephone number, and email address;
- a 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;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you believe in good faith that a notice of copyright infringement has been wrongly filed by WAKEUP CALL against you, the Digital Millennium Copyright Act (“DMCA”) permits you to send WAKEUP CALL a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices of claims of copyright or other intellectual property infringement and counter-notices should be sent to WAKEUP CALL’s Copyright Agent who can be reached in the following ways:
WAKEUP CALL RM, LLC
6965 El Camino Real
Carlsbad, California, 92009
Make sure you know whether the Content that you have seen on WAKEUP CALL infringes your copyright. We suggest that you consult your legal advisor before filing a notice with WAKEUP CALL’s copyright agent, because there may be penalties for false claims. Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing Content.
Links to the Web site: You may link another web site to the WAKEUP CALL Web site subject to the following linking policy: (i) the appearance, position and other aspects of any link may not be such as to damage or dilute the reputation of WAKEUP CALL or the Web site; (ii) the appearance, position and other attributes of the link may not create the false appearance that your site, business, organization or entity is sponsored by, endorsed by, affiliated with, or associated with WAKEUP CALL or the Web site; (iii) when selected by a user, the link must display the Web site on full-screen and not within a “frame” on the linking web site; (iv) the link may not be part of any scheme to avoid registration; and (iv) WAKEUP CALL reserves the right to revoke its consent to the link at any time and in its sole discretion.
13) Modifications to Web site
15) Suspension and Termination Rights
THE WEB SITE AND CONTENT AND THE INFORMATION, SERVICES, PRODUCTS, SWEEPSTAKES, CONTESTS, DRAWINGS, OR OTHER ACTIVITIES OFFERED, CONTAINED IN OR ADVERTISED ON THE WEB SITE, INCLUDING WITHOUT LIMITATION TEXT, VIDEO, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WAKEUP CALL AND ITS LICENSORS, SUPPLIERS AND RELATED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEB SITE AND CONTENT, INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE ON OR THROUGH THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
YOUR USE OF THE WEB SITE OR ANY CONTENT OR SERVICES ARE ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WAKEUP CALL EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEB SITE’S CONTENT OR THE CONTENT OF ANY WEB SITES LINKED TO THIS WEB SITE (INCLUDING, BUT NOT LIMITED TO, THINKHR, ACTIO, BLR, ANYTHING IN ADDITIONAL SERVICES) AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL, CONFIDENTIAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR SUBMISSION OR THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES OR WEB SITE.
WAKEUP CALL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WAKEUP CALL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION OR COMMUNICATION BETWEEN YOU AND ANY OTHER USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Without limiting the foregoing, you are responsible for taking all necessary precautions to insure that any Content, Services, or access to the Web site is free of viruses or other harmful code.
Without limiting the foregoing, your use of the Claims Management tool does not guarantee that claims are reported to your insurance carrier(s) or that the claims are being reported correctly or in compliance with the carrier’s requirements. Your use of the Claims Management tool does not confer any responsibility or liability on WAKEUP CALL for any claims that are not submitted, submitted incorrectly, or claims that are submitted without complying with a carrier’s requirements. You are solely responsible for confirming that claims have been submitted to your carrier(s), that the claims have been submitted correctly, and that the claims are accepted or being processed by the carrier.
Without limiting the foregoing, you are solely responsible for monitoring the validity and expiration of your vendors’ certificates of insurance and any vendor contracts. Your use of the Certificates and Contract Management tool does not confer any responsibility or liability on WAKEUP CALL for such monitoring.
17) Disclaimer Related to Legal Advice
The Web site may provide you with the ability to publicly or privately solicit advice. You understand and acknowledge that your submission to the Website, whether public or private, of any request for advice does not create an attorney-client relationship between you and WAKEUP CALL or any employee, agent, independent contractor, or other individual affiliated or associated with WAKEUP CALL. You further understand and acknowledge that WAKEUP CALL does not guarantee the confidentiality of any request for advice you submit to the Website, whether public or private.
WAKEUP CALL may utilize an avatar identified as “Tom Riskman” to answer inquiries submitted through the Website. You understand and acknowledge that any statement conveyed through the Tom Riskman avatar, or directly by any employee, agent, independent contractor, or other individual associated or affiliated with WAKEUP CALL does not constitute legal advice, does not create an attorney-client relationship, and is not guaranteed to remain confidential.
18) Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WAKEUP CALL AND ITS RELATED PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE WEB SITE, USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM OR THROUGH THE WEB SITE. IN NO EVENT SHALL WAKEUP CALL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL LOSSES, EXPENSES, OR DAMAGES, EVEN IF THESE PERSONS AND ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY.
WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF WAKEUP CALL ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE WEB SITE OR THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES ON OR THROUGH THE WEB SITES SHALL NOT EXCEED (1) FOR INDIVIDUAL USERS, 100% OF THE SUBSCRIPTION FEE PAID BY THE USER IN THE PRECEDING 12 MONTHS, OR (2) FOR CORPORATE/MULTIPLE LOCATION USERS, 100% OF THE SUBSCRIPTION FEE PAID FOR A SINGLE LOCATION IN THE PRECEDING 12 MONTHS.
YOU SPECIFICALLY ACKNOWLEDGE THAT WAKEUP CALL SHALL NOT BE LIABLE FOR CONTENT OR THE DISPARAGING, DEFAMATORY, INDECENT, OFFENSIVE, SEXUALLY EXPLICIT OR ILLEGAL CONDUCT OR CONTENT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
19) Notice Required by California Law
Pursuant to California Civil Code Section 1789.3, users are entitled to the following specific consumer rights notice: The name, address and telephone number of the provider of this Web site is WAKEUP CALL RM, LLC, 6965 El Camino Real, Carlsbad, CA 92009, 866-675-3909. Complaints regarding this Web site, or the Content or Services or requests to receive further information regarding use of this Web site or the Content or Services may be sent to the above address or to our contact form.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
20) Governing Law and Disputes
These Terms shall be governed by, and will be construed under, the laws of the State of California, U.S.A., without regard to choice of law principles. You irrevocably agree to the exclusive jurisdiction by the federal and state courts located in San Diego County, California, U.S.A., to settle any dispute which may arise out of, under, or in connection with these Terms, as the most convenient and appropriate for the resolution of disputes concerning these Terms. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THESE TERMS, THE WEB SITE OR THE CONTENT OR SERVICES MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR SUCH CLAIM OR CAUSE OF ACTION SHALL BE BARRED.
The Web site is controlled within the United States of America and directed to individuals residing in the United States. Those who choose to access the Web site from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. WAKEUP CALL does not represent that the Web site, Content, or Services are appropriate outside the United States of America. WAKEUP CALL reserves the right to limit the availability of the Web site to any person, geographic area or jurisdiction at any time in its sole discretion.
21) Force Majeure
WAKEUP CALL shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including without limitation Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor or materials.
22) Ability To Accept Terms of Service
You represent and warrant that you are either at least 18 years of age (or for jurisdictions in which 18 years old is not the age of majority to legally enter into binding contracts, at least such age of majority for your jurisdiction), or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. You acknowledge that we have given you a reasonable opportunity to review these Terms and that you have agreed to them.
Please direct any questions you may have about these Terms, technical questions or problems with the Web site, or report a violation of these Terms, or comments or suggestions to WAKEUP CALL at firstname.lastname@example.org.