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Terms and Conditions

These Terms and Conditions (the "Terms") constitute an agreement between Awrel, LLC, a Delaware limited liability company ("Awrel"), and you. By accessing, downloading and/or using all or a portion of the Software or Services (defined below) you acknowledge and agree that you have read and understand the Terms, that the provisions, disclosures and disclaimers set forth in the Terms are fair and reasonable and that your agreement to follow and be bound by these terms and conditions is voluntary and not the result of fraud, duress or undue influence exercised upon you by any person or entity.
For purpose of the Terms:

  • "Software" means (i) the server, platform and application software hosted by or on behalf of Awrel, including but not limited to all object code accessible by you through the use of a stationary or mobile device as part of the Services, (ii) all server, platform and application software of third parties used to host, support or connect the software referred to in subsection (i) and accessible by you through the use of a stationary or mobile device as part of the Services, and (iii) all underlying algorithms, user interfaces and network and database designs and schemas, architecture, class libraries and objects, the unique expressions of the selection, organization and presentation of user-visible functions, all templates and the methods of presenting information, all updates, upgrades, patches, maintenance releases and bug fixes and all documentation relating to any of the foregoing, whether in read-only memory, on any other media or in any other form; and
  • "Services" means the services arising from access to and use of the Software.

If your use of the Software and/or Services includes the registration by you of individuals in addition to yourself ("Other Registrants") you hereby represent and warrant that you have the authority to bind such Other Registrants to the Terms. In addition, you agree that each use of the term "you" in the Terms will include you and each of such Other Registrants and that you shall be responsible for ensuring that each such Other Registrant complies with the Terms. If you are acting on behalf of an entity, you hereby represent and warrant that you have the authority to bind such entity and that you and each of the Other Registrants are employees of such entity. You agree further that each use of the term "you" in the Terms shall refer to such entity.

If you are deemed to have ordered the Services, Awrel's acceptance is expressly conditional on your assent to the Terms to the exclusion of all other terms. Notwithstanding the foregoing, if you have executed a separate written agreement with Awrel that governs access to or use of the Software and Services, then the terms of such agreement shall govern and control. If the Terms are considered an offer by you, Awrel's acceptance is expressly limited to these terms. Written approval is not a prerequisite to the validity or enforceability of the Terms.

The Terms contain warranty disclaimers and other provisions that limit Awrel's liability to you. Please read the Terms carefully and in their entirety. If you do not agree to be bound to each and every term and condition set forth herein, please do not use, access and/or download the Software or the Services and please immediately remove and delete the Software if you have already downloaded it.

By using the Software or Services, you hereby grant Awrel permission to send you messages regarding the Software and Services, its features, service alerts, and network activity. Notwithstanding the foregoing, it is your responsibility to register for updates from, and/or regularly check, Awrel's Web pages at _______________ and _______________________ for updates with respect to the Software or Services. Your continued use of the Software or Services after such updates will constitute your acceptance of the changes. Awrel may in its sole and absolute discretion terminate the Services and your access to them at any time for any reason without notice to you.

The Terms may be modified by a "click accept" agreement that Awrel incorporates into or as a condition of downloading Software or Services after initial delivery. Except as expressly provided herein (e.g., with respect to the Privacy Policy), this Agreement may be amended, or any term or condition set forth herein waived, only by a writing hand signed by both parties.

If you do not agree to any changes in the Terms as they may occur, your continued right to access, download or use such Software and Services shall immediately terminate and you agree that you discontinue your use of the Software and Services. You agree that Awrel is not liable to you or to any third party for any modification of the Terms or termination of your access to the Software and Services.

Age Restriction
The Software and Services are intended for persons eighteen (18) years or older. Persons under the age of eighteen (18) should not access, use and/or download the Software or Services.

License; Duration
The Terms shall be effective as of the date you accept them or first access, download or use any of the Software or Services (the "Effective Date") and shall remain in effect for so long as you use, access or download any of the Software or Services. Upon termination of the Terms, you shall no longer be permitted to use or access the Software or Services. The terms herein that contemplate obligations after termination, including but not limited to Indemnification, Disclaimer, Limitation of Liability, Controlling Law and Severability, and Confidentiality, shall survive termination.

During the term of the Terms and subject to the Terms, Awrel hereby grants you a nonexclusive, nontransferable and nonsublicensable right for you to access, download and use the Software and Services in conjunction with your internal business purposes only and in accordance with Awrel's applicable documentation. You may not copy, rent, lease, lend, sell, redistribute, sublicense or assign the Software or Services; provided that you have registered Other Registrants as permitted herein, the foregoing access rights include the right for you to grant the right to access, download and use the Software and Services to such Other Registrants for their internal business purposes only.

You agree that the license you have been granted prohibits you from using the Software or Services for any illegal or unauthorized purpose. You represent and warrant that you will not breach the security of the Software or Services or attempt to gain unauthorized access to or interfere with operation of the Software or Services or with any other person's use of the Software or Services. You agree to not use the Software or Services in excess of or beyond the maximum number of registered users and/or devices for which you have been registered.

Guidelines for Uploaded Content and Use; Content Retention
By uploading, transmitting, submitting or otherwise making available any message data, text, information, screen name, graphics, photos, profiles, audio and video clips, links and other content or materials to Awrel in the form of a text, third-party resource or otherwise (collectively, the "Content"), you grant Awrel the right and license to distribute, display, publish, reproduce, reuse and copy such Content as necessary to perform the Services. Awrel shall not be responsible for maintaining backups of Content on its systems.

All Content will be processed and stored within the geographic limits of the United States of America. Upon the termination of your Awrel account, Content will no longer be stored on Awrel's systems.
You are responsible for all Content. You represent that you have already paid, and you will be solely responsible for paying (to the extent any later become due) all royalties, fees, and any other monies owing to any person by reason of any Content. You agree that you may not impersonate any other person through the use of the Software or Services. You further agree that you may not upload, transmit, submit or otherwise use the Software or Services to disseminate:

  1. Content that is obscene, defamatory, threatening, fraudulent, invasive of Awrel's or another person's or entity's rights, including but not limited to privacy rights, or that is otherwise unlawful;
  2. Content that infringes the intellectual property rights of Awrel or any other person or entity;
  3. Content that contains any computer viruses or any other code designed to disrupt, damage, or limit the functioning of any computer software or hardware;
  4. Or create unwanted email, junk email, bulk email, promotions, spam or content that includes any advertising.

By uploading, transmitting, submitting or otherwise using the Software or Services t, you grant Awrel the right to remove any Content that in Awrel's sole judgment does not comply with the Terms or is otherwise objectionable. You also grant Awrel the right to modify adapt and/or edit the Content.

You agree not to use any automated means to access the Software or Services or collect any information from the Software or Services (including, without limitation, robots, spiders, or scripts); or frame the Software or Services, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect its display. This means, among other activities, that you must not engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information.

Privacy and Security
[Awrel will comply with data breach laws and industry standards in the United States of America, including but not limited to HIPAA and HITECH. Awrel and any subcontractors to whom Content is provided shall maintain a comprehensive data security program, which shall include reasonable and appropriate technical, organizational and security measures against the destruction, loss, unauthorized access or alteration of Content in the possession of Awrel or its subcontractors, and which shall be (i) no less rigorous than those maintained by Awrel for its own information of a similar nature, and (ii) no less rigorous than typical security standards in the industry.]

Your use of the Software or Services is subject to your acceptance of the terms and conditions set forth in Awrel's Privacy Policy, the terms of which are hereby incorporated herein, and which can be found at www.awrel.com (the "Privacy Policy"). The terms and conditions set forth in the Privacy Policy may be changed by Awrel in its sole discretion and those changes become effective upon posting. It is your responsibility to review the Privacy Policy for revisions thereto.

Medical Advice and Emergency Message Disclaimer
Awrel provides the Software and Services and permits the communication of information, comments, content and data using the Software and services (collectively, the "Information") for informational purposes only. Neither Awrel nor any person or entity contributing Information to the Services, including but not limited to Awrel and its affiliates and their respective stockholders, members, directors, managers, officers, employees or agents (each, a "Contributor"), is providing any medical advice or professional training on or through the Software or Services and the Information should not be so construed or used.

You represent and warrant that you fully understand and acknowledge that the Software and Services are:

  1. intended to deliver noncritical, nonemergency messages between users;
  2. dependent upon a number of factors outside the control of Awrel, including but not limited to, the operation of third-party-provided hardware and network services;
  3. not a substitute for any of your current systems of administering and safeguarding medical treatment and/or medicine; and
  4.  not expected to perform at the same level of performance and/or reliability one might expect from medical devices used in the delivery of critical medical care environments.

Third-Party Links, Payments and Advertisements Disclaimer
The Services may, from time to time, contain links to third-party websites, including but not limited to links for payment. These links are provided solely as a convenience to you and not as a guarantee, warranty or recommendation by Awrel or any other Contributor of the security, services, information, content and/or data on such third-party websites or as an indication of any affiliation, sponsorship or endorsement of such third-party websites. Neither Awrel nor any other Contributor is responsible for the content of linked third-party websites and does not make any representations or warranties regarding the privacy practices of, or the content or accuracy of materials on, such third party websites. If you decide to access linked third-party websites, you do so at your own risk. Your use of third-party websites is subject to the terms of use for such sites.

The inclusion of third-party advertisements does not constitute an endorsement, guarantee, warranty or recommendation of, and neither Awrel nor any other Contributor makes any representation and/or warranty about, any product or service contained therein.

Disclosures
In the future, Awrel may receive financial payment from third-party sponsors, from companies that advertise with banner ads and other forms of advertisements through the Services.

Liability of Third-Party Sources
The Terms apply to your use of the Software and Services, including applications available via the Apple, Inc. App Store or any other third-party source (each, an "Application" and together the "Applications," which shall be included in the definition of "Software" hereunder), but the following additional terms also apply to the Applications:

  • Both you and Awrel acknowledge that the Terms are between you and Awrel only, and not with any such third-party source, and that such third-party source is not responsible for the Applications or the Services;
  • You will only use the Applications in connection with a device that you own or control;
  • You acknowledge and agree that such third-party source has no obligation whatsoever to furnish any maintenance and support services with respect to the Applications;
  • In the event of any failure of an Application to conform to any applicable warranty, including those implied by law, you may notify such third-party source of such failure; upon notification, such third-party source's sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
  • You acknowledge and agree that Awrel, and not such third-party source, is responsible for addressing any claims that you or any third-party may have in relation to the Applications;
  • You acknowledge and agree that, in the event of any third-party claim that an Application or your possession and use of an Application infringes that third party's intellectual property rights, Awrel, and not such third-party source, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
  • You represent and warrant that neither you nor any Other Registrant are located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, or listed on any U.S. Government list of prohibited or restricted parties;
  • Both you and Awrel acknowledge and agree that, in your use of the Applications, you will comply with any applicable third-party terms of agreement that may affect or be affected by such use; and
  • Both you and Awrel acknowledge and agree that each such third-party source and its subsidiaries are third-party beneficiaries of the Terms, and that upon your acceptance of the Terms, such third-party source will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as the third-party beneficiary hereof.

Disclaimer of Representations and Warranties; Limitation of Liabilities
THE SOFTWARE AND SERVICES ARE PROVIDED ON AN "AS IS," "AS-AVAILABLE" BASIS.

AWREL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SOFTWARE OR SERVICES. AWREL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN PROVIDING THE SOFTWARE OR SERVICES OR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE SOFTWARE OR SERVICES. AWREL IS NOT RESPONSIBLE FOR ANOTHER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT YOU UPLOAD, TRANSMIT OR DISSEMINATE THROUGH THE USE OF THE SOFTWARE OR THE SERVICES.

AWREL EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SOFTWARE AND SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AUTHENTICITY, TITLE AND NONINFRINGEMENT, THAT THE SOFTWARE OR SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING, THAT ANY UPDATE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD-PARTY SOFTWARE, APPLICATIONS OR THIRD-PARTY SERVICES. INSTALLATION OF THE SOFTWARE OR SERVICES MAY AFFECT THE USABILITY OF THIRD-PARTY SOFTWARE, APPLICATIONS OR THIRD-PARTY SERVICES. THE OPERATION OF THE SOFTWARE OR SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. AWREL DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, AWREL DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SOFTWARE OR SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK AND FOR ANY OTHER REASON.

YOU ACKNOWLEDGE THAT THE SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAY OF, OR ERRORS OR INACCURACIES IN, THE CONTENT OR INFORMATION PROVIDED BY THE SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, FINANCIAL OR ENVIRONMENTAL DAMAGE. USING THE SERVICES FOR TRADING SECURITIES IS NOT PERMITTED AND AWREL DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS CONTRIBUTING CONTENT TO THE SOFTWARE OR SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SOFTWARE OR SERVICES BY OTHER USERS; THEREFORE, AWREL DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR CONTENT BY OTHERS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AWREL MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SOFTWARE OR SERVICES REGARDING TREATMENT OF MEDICAL CONDITIONS, ACTION, OR APPLICATION OF MEDICATION.

UNDER NO CIRCUMSTANCES, AS A RESULT OF YOUR CONTRIBUTIONS TO OR USE OF THE SOFTWARE OR SERVICES, WILL AWREL OR ANY OTHER CONTRIBUTOR BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES), INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. AWREL AND ITS AFFILIATES' AND CONTRIBUTORS AND THEIR RESPECTIVE OFFICERS', DIRECTORS', SHAREHOLDERS', EMPLOYEES', AND AGENTS' TOTAL LIABILITY (IN THE AGGREGATE) TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE SOFTWARE OR SERVICES AND THE TERMS, WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED US$100. EACH PROVISION OF THE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THE TERMS.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AWREL OR AN APPROVED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION, IF APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

Release
In the event that you have a dispute with one or more users of the Software or Services, you release Awrel (and its officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Intellectual Property Rights
The Software and Services are protected by United States copyright laws. Awrel hereby reserves any and all intellectual property rights in the Software and Services and the Information subject to the rights of individual Contributors to their Content. No Information available through the Software or Services should be reproduced or used without the express written permission of Awrel.

You agree that you will not: (a) alter, modify, adapt, reverse engineer, decompile, disassemble or hack the Software or Services, or create derivative works from the Software or Services; (b) merge the Software or Services with other software; (c) resell, sell, provide for service bureau use, or otherwise transfer the Software or Services to any third party; (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software or Services; or (e) remove or alter any copyright notices or other notices included in the Software or Services.

You agree that all of your suggestions and feedback regarding the Software or Services will be included in the definition of Software and you hereby assign all of the rights, title and interest in such to Awrel. "Awrel" and other Awrel graphics, logos, designs, page headers, button icons, scripts and service names are trademarks in the United States and other countries. Awrel's trademarks and trade dress, as well as third-party trademarks, logos and service marks used in conjunction with the Software or Services, may not be used in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Awrel.

Indemnification
You agree to indemnify and hold Awrel and its officers, directors, employees and agents harmless from any charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys' fees and expert fees) due to, arising out of or relating in any way to (1) any Content uploaded, transmitted, disseminated or otherwise made available by you through the Software or Services, (2) any violation by you of the Terms or any applicable rule, regulation or law, and (3) your access or use of the Software or Services and/or the Information contained therein.

Invalidity
If any provision of the Terms is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.

Governing Law, Consent to Jurisdiction and Limitation on Claims
The Terms and your use of the Software and Services, along with the Information contained therein, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to conflict of laws principles, and you agree to submit to the jurisdiction of courts in the Commonwealth of Massachusetts. You further agree that any claims or causes of action arising out of or related to the Terms or the Software or Services, along with the Information contained therein, shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.

Claims of Copyright Infringement
Awrel respects the intellectual property rights of others, and requires that the people who use the Software and Services do the same. It is Awrel's policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible through the Software or Services in a way that constitutes copyright infringement, you may notify us by providing Awrel's copyright agent with the following information in writing: 

  1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
  2. Identification of the copyrighted work that you claim has been infringed;
  3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
  4. Your name, address, telephone number and email address;
  5. 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; and
  6. A statement made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

If Awrel receives such a claim, it reserves the right to refuse or delete Content and to terminate a user's account.

Awrel's designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act OF 1998 ("DMCA") is:
Awrel, LLC
1244 Boylston Street
Suite 205
Chestnut Hill, MA 02467
Attn: Copyright Infringement

After receiving a claim of infringement, Awrel will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Awrel will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Awrel will take reasonable steps promptly to notify the user that Awrel has removed or disabled access to such material.

Upon receipt of a proper counter notification under the DMCA, Awrel will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that Awrel will replace the removed material or cease disabling access to it in ten (10) business days. Unless Awrel's designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on the Software or Services, Awrel will replace the removed material and cease disabling access to it.

You may provide Awrel with a counter notification by providing Awrel's copyright agent the following information in writing:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Awrel may be found and that you will accept service of process from the person who provided the initial notification of infringement.

Notices
Any notice required or permitted to be given in accordance with the Terms shall be in writing. Notices to Awrel shall be sent by personal delivery, registered or certified mail (return receipt requested, postage prepaid) or commercial express courier (with written verification of receipt) to: Awrel, LLC, 1244 Boylston Street, Suite 205, Chestnut Hill, MA 02467. For contractual purposes, you consent to receive communications from Awrel electronically. Notices sent to you shall be sent by personal delivery, electronic mail, registered or certified mail (return receipt requested, postage prepaid) or commercial express courier (with written verification of receipt) to the address listed on your account. All notices will be deemed given: (i) when delivered personally; (ii) 24 hours after electronic mail is sent, unless Awrel is notified that the email address is invalid; (iii) five (5) days after having been sent by registered or certified mail (or ten (10) days for international mail); or (iv) one (1) day after deposit with a commercial express courier specifying next day delivery (or two (2) days for international courier packages specifying 2-day delivery). Either party may change its address for receipt of notice by notice to the other party in accordance with this Section.

General
Awrel's failure to exercise or enforce any right or provision of the Terms shall not be deemed to be a waiver of such right or provision. Awrel is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. The Terms contain the entire agreement between you and Awrel and supersedes all prior agreements between the parties regarding the subject matter contained herein, except as otherwise specifically noted herein. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Software or Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Software or Services, or any Information displayed through the Software and Services. You may not assign or delegate any rights or obligations under the Terms. Any purported assignment and delegation shall be ineffective. Awrel may freely assign or delegate all rights and obligations under the Terms, fully or partially without notice to you. Awrel may also substitute, by way of unilateral novation, effective upon notice to you, which you agree may be electronic communication, Awrel, LLC for any third party that assumes Awrel's rights and obligations under the Terms.