TERMS AND CONDITIONS
Last Updated on December 1, 2024

NOTICE: Please read the terms and conditions set forth below, which are legally binding. By visiting, viewing or using this website and/or by using any program, product, course or service from us, you agree to be bound by these Terms and Conditions and our Privacy Policy and Disclaimer.

PLEASE READ THE SECTION TITLED “CLASS ACTION WAIVER” AS IT AFFECTS YOUR LEGAL RIGHTS.

Awe and Alchemy, aweandalchemy.com (“website”), which is operated by Aubrey Anderson(“Company”, “we”, “us”, or “our”) provides visitors information on the website subject to the following terms and conditions (“Terms and Conditions”). The term “you” refers to any visitor, viewer or user of the website and/or any user of any free or paid program, product, course or service of the Company (each, a “Product”).

As a user of our Website, you agree to these Terms and Conditions, and your use of our website constitutes your voluntary acceptance to be bound by these terms, whether you have read them or have had the opportunity to read them and have chosen not to.

This website is not intended for persons under the age of 18. If you are under the age of 18, you may not use or view this website.

We reserve the right to amend this Agreement at any time without notice to you. We will alert you to any changes by posting the effective date of the latest version at the top of this page, at which point any changes will become immediately effective. It is your responsibility to check for updates, as your continued use of the website or any Products after this Agreement is amended will constitute your acceptance and agreement to continue to be bound by this Agreement, as amended.

GUIDELINES FOR USE
We have established certain guidelines to keep our community safe (“Guidelines”). By visiting or using the website or any Product, you agree to abide by these Guidelines, which are as follows:
 • You will comply with all applicable law;
 • You will not upload, post, send, email, or otherwise make available any information or content which in any way infringes any copyright, trade secret, trademark, right of publicity, privacy, property or other intellectual property or proprietary rights, or any information or content which you do not have the right to make available, through any law, contractual or fiduciary relationship or otherwise;
 • You will not act in any way that is fraudulent, false, misleading, deceitful or deceptive, such as by impersonating another individual or falsifying your association with an individual or entity;
 • You will not upload, post, send, email, or otherwise make available any material or behave in any manner which could be perceived as harassing, demeaning, threatening, “stalking”, defamatory, sexually explicit, abusive, vulgar, hate speech, obscene, indecent or otherwise objectionable;
 • You will not upload, post, send, email, or otherwise make available any material which would reveal the personal information of another individual;
 • You will not behave in any manner which could limit or otherwise impact any other person’s use or enjoyment of the website and/or any Product;
 • You will not engage in any unsolicited or unauthorized advertising nor will you send any spam;
 • You will not attempt to gain unauthorized access to any portion of the website or any of the Products;
 • You will not engage in or encourage others to engage in any activity which would violate any law, constitute a criminal offense, give rise to civil liability, or infringe on the rights of any third party;
 • You will not send any materials which contain viruses, devices, information collection or transmission mechanisms, trojan horses, worms, time-bombs, adware, keystroke loggers or any other programs or code which would be harmful to, interfere with or attempt to interfere with our systems;
 • You will not engage in market research or any research intended to help a competitor; 
 • You will not deploy any automated query program, such as a bot or spider, at any time or for any purpose without our express written consent; 
 • You will not block or cover any advertisements on the website; 
 • With the exception of any personal information you share (which is covered under our Privacy Policy), once you upload, post, send, email, or otherwise make available any material, we have the right to display, repurpose or otherwise use such material in any way; and
 • You will notify us through the contact information provided below if you know or have reason to know that a violation of any of our Guidelines has occurred.

We reserve the right to deny you access to the website and any Products in our sole discretion at any time and for any reason.

INTELLECTUAL PROPERTY
The website and its content and all Products, including but not limited to videos, coursework, training modules, photographs, sound recordings, images, digital content, material available as a free download, software, text, graphics and other material, are owned or licensed by the Company and are protected by copyright, trademarks (whether registered or unregistered), design rights, database rights and all other intellectual property rights afforded to us (“Intellectual Property”).

While you may view and have access to our Intellectual Property for your own personal and non-commercial use, you agree to abide by the following:
Our Intellectual Property must be kept intact with the proper copyright and other intellectual property notices; and you may not reproduce, resell, distribute, publicly perform, create derivative works, translate, transmit, post, republish, exploit, copy or otherwise use our Intellectual Property for any commercial or non-personal use, unless you have received explicit written consent from us to do so.

It is in our sole discretion to give written consent for you to reproduce, resell, distribute, publicly perform, create derivative works, translate, transmit, post, republish, copy or otherwise use our Intellectual Property. If you have any questions, please contact us using the contact information provided below.

NO WARRANTIES
Your use of this website and any Products is entirely at your risk, as the website and our Products are provided on an “as is” and “as available” basis. We do not make any express or implied warranties or representations relating to the website, its content and our Products, including but not limited to warranties of title, merchantability, fitness for a particular purpose and non-infringement of third parties’ rights. We also do not make any express or implied warranties or representations that the website will operate without error or that the website, the servers relied on, our Products and any content is free from computer viruses or other potentially harmful or destructive features. Some jurisdictions do not permit the exclusion of certain warranties. As such, some of the exclusions referenced in this section may not apply to you.

LIMITATION OF LIABILITY
To the fullest extent permissible by law, the Company and our directors, contractors, successors, joint venture partners, shareholders, agents, affiliates, officers, employees, assignees and licensees, as applicable, shall not be liable for any direct, indirect, special, incidental, consequential, exemplary or other loss or damage, including but not limited to damages for loss of profits, goodwill, business interruption, use or loss of data or other intangible losses, which may directly or indirectly arise out of or be related to your use of or inability to access this website or any Products or your reliance on any advice, opinion, information, representation or omission contained on, or received through this website or any Products, even if we have been advised of the possibility of such damages occurring.  

This limitation of liability applies whether such liability arises from tort, negligence, breach of contract or any other legal theory of liability.

INDEMNIFICATION
You agree at all times to defend, hold harmless, and indemnify Awe & Alchemy, and its subsidiaries, affiliates, agents, officers, directors, employees, or partners, from any claim, demand, cause of action, including attorney’s fees and costs, arising from your use of our Website or its content, or materials requested through email, as well as any third party claims of any kind arising from your actions in relation to our Website (including any content you submit, post to, or transmit through our Website). 

Should we be required to defend ourselves in any action directly or indirectly involving you, you agree to provide any documents, testimony, evidence, or other information we deem useful to us free of charge. 

LIMITED LICENSE
You agree that you will not post, transmit, upload, perform, or otherwise make available any User Content that is:
 • Harmful, threatening, defamatory, abusive, harassing, obscene, vulgar, hateful, pornographic, or otherwise objectionable;
 • Advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or
 • Advertises or otherwise solicits funds or is a solicitation for goods or services. 
You agree to use this Website for lawful purposes only and agree not to violate or attempt to violate any security features of our Website including, but not limited to:
 • Accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
 • Attempting to probe, scan, or test the vulnerability of our Website or any associated system or network, or to breach security or authentication measures without proper authentication;
 • Interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to our Website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
 • Using our Website to send unsolicited email, including, without limitation, promotions or advertisements for products or services;
 • Forging any TCP/IP packet header or any part of the header information in any email or in any posting to our Website; or
 • Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Awe & Alchemy in providing our Website.
You understand that any violation of system or network security may subject you to civil and/or criminal liability. Awe & Alchemy intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms and Conditions or of any applicable laws.

CONFIDENTIAL INFORMATION
Please do not upload, post, send, email, or otherwise make available any material that contains any confidential information.

FEES
When you purchase any Product through this website, you are responsible for all applicable fees and taxes. It is your responsibility to provide complete, accurate and up-to-date billing and credit card information. If you are on a payment plan or recurring payment, it is your responsibility to keep an up-to-date payment method with us. If your payment method is declined or expired, you hereby agree to pay all applicable fees and taxes due upon demand. You also agree to pay all costs of collection, including but not limited to attorney’s fees, on any outstanding balance.

WEBSITE AVAILABILITY
Your access to the website or Products may be occasionally restricted, such as when we need to make repairs or are introducing new features. Your access to the website or Products may also become permanently disabled, such as if we decide to terminate the operation of the website or Products. We cannot guarantee that you will have continuous access to the website or Products.

NO REFUNDS
We reserve the right to change our refund policy at any time. We do not offer refunds for any of our Products under any circumstances. We believe we provide products and services that are high-quality and at a reasonable price point.

GOVERNING LAW
All matters relating to or arising out of this Agreement shall be governed by and construed and interpreted under the laws of the State of New Jersey, United States of America, without regard to conflicts of laws principles that would require the application of any other law. 

INJUNCTIVE OR OTHER EQUITABLE RELIEF
We may seek injunctive or other equitable relief that is necessary to protect our rights and intellectual property. All actions or proceedings related to this Agreement that are not subject to binding arbitration will be brought solely in the state or federal courts of the State of California, United States of America. You hereby unconditionally and irrevocably consent to the personal and subject matter jurisdiction of those courts for purposes of any such action.

CLASS ACTION WAIVER
You agree that any dispute arising out of or relating to this Agreement shall be solely between you and the Company.  

YOU AGREE TO WAIVE THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION. YOU AGREE THAT YOU WILL ONLY MAKE CLAIMS AGAINST US IN YOUR INDIVIDUAL CAPACITY, AND CANNOT MAKE CLAIMS AGAINST US AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE.

ENTIRE AGREEMENT
This Agreement, the Privacy Policy and Disclaimer contain the entire agreement between you and the Company with respect to the subject matter hereof and thereof and supersede all prior agreements and undertakings, both written and oral, with respect thereto.

TERMINATION OF AGREEMENT
We reserve the right, in our sole discretion, to terminate this Agreement and to terminate, restrict, deny, or suspend your access to the website and all Products at any time and for any purpose without prior notice. We also reserve the right to discontinue any or all of the website or Products at any time and for any purpose without prior notice.

SEVERABILITY
If any provision of these Terms and Conditions shall be declared unenforceable or invalid, all remaining provisions shall remain in full force and effect.

TESTIMONIALS
Our Website may feature testimonials from time to time. They are examples. While these testimonials are accurate and honest portrayals of actual clients or customers sharing their opinions about our Website, products and/or services, they are not a guarantee that all clients or customers will have the same, similar, or better experience.

MISCELLANEOUS
Our failure to act on or delay in exercising any privilege, power or right under this Agreement will not operate as a waiver of such privilege, power or right, and no single or partial exercise of any such privilege, power or right will preclude any other or further exercise of such privilege, power or right or the exercise of any other privilege, power or right. 

Subheadings in this Agreement are used for convenience of reference only and in no way define, describe, limit or extend the scope of this Agreement or the intent of any of its provisions. They shall not be considered in construing or interpreting this Agreement.

The terms and conditions of this Agreement shall inure to the benefit of and be binding upon the successors, heirs, executors, administrators, legal representatives and assigns of the Company. Nothing in this Agreement, express or implied, is intended to confer upon any party other than the Company or our successors, heirs, executors, administrators, legal representatives and assigns, any rights, remedies, obligations or liabilities under this Agreement. You may not assign any of your rights or transfer any obligations under this Agreement to any other person.

If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and disbursements in addition to any other relief to which such party may be entitled.

IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS AND CONDITIONS, PLEASE CONTACT:

By email: anderson.aubrey.kay@gmail.com

TERMS & CONDITIONS