Terms of service

OVERVIEW

Welcome to the Awarded LLC website (the “Website”). In these Terms of Service (“Terms”), “Awarded,” “we,” “us,” and “our” refer to Awarded LLC.

Awarded provides access to this Website and related information, content, features, tools, digital products, consulting services, and other offerings (collectively, the “Services”). The Website is hosted on Shopify Inc. (“Shopify”), which provides the e-commerce platform that enables us to offer the Services.

These Terms, together with any policies referenced herein, describe your rights and responsibilities when you access or use the Services.

Please read these Terms carefully, as they include important information regarding your legal rights, warranty disclaimers, and limitations of liability.

By visiting, accessing, interacting with, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence and, if applicable, that you have given consent for any minor dependents to use the Services on devices you own or control.

To use certain Services, including purchasing products or services, you may be required to provide information such as your email address, billing details, payment information, and other contact information. You represent and warrant that all information provided is accurate, current, complete, and that you have the right to provide such information.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You may not transfer, assign, sell, or license your account to any other person.

SECTION 2 – OUR PRODUCTS AND SERVICES

We make reasonable efforts to accurately describe our products and services on the Website. However, the appearance of digital materials or other content may vary depending on your device and display settings.

We do not warrant that any product or service will meet your expectations or be identical to any description or representation on the Website.

All descriptions of products and services are subject to change at any time without notice. We reserve the right to discontinue any product or service at any time and to limit quantities offered to any Client, geographic region, or jurisdiction.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase Services. Awarded reserves the right to accept or decline any order at its discretion. An order is not accepted until Awarded confirms acceptance and processes payment.

Please review your order carefully before submitting it, as cancellation requests may not be accommodated after acceptance.

If we cancel or modify an order, we will attempt to notify you using the contact information provided at the time of purchase.

All purchases are subject to our Refund Policy.

You represent and warrant that your purchases are for your own use and not for commercial resale or redistribution unless otherwise agreed in writing.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time of purchase and will be reflected in your order confirmation.

Unless otherwise stated, posted prices do not include applicable taxes or other charges.

You agree to provide accurate and complete payment and account information and to promptly update such information as necessary.

You represent and warrant that:

  1. The payment information provided is true and complete;

  2. You are authorized to use the payment method provided;

  3. Charges incurred will be honored by your payment provider; and

  4. You will pay all charges at the posted prices, including applicable taxes.

SECTION 5 – DELIVERY OF SERVICES

Certain products offered by Awarded are delivered digitally. Delivery timelines for digital products are estimates only and not guaranteed.

Awarded is not liable for delays caused by third-party service providers, hosting platforms, internet service providers, or other events outside our control.

Once digital products are delivered or access is granted, responsibility for use and storage passes to the Client.

SECTION 6 – INTELLECTUAL PROPERTY

All content included in the Services—including text, graphics, logos, branding, digital downloads, documents, frameworks, templates, video, audio, and design—is owned by Awarded or its licensors and is protected by intellectual property laws.

These Terms permit you to use the Services for your personal or internal business use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any materials without prior written consent from Awarded.

Nothing in these Terms grants you any license or rights under any patent, trademark, copyright, or other intellectual property of Awarded or any third party.

All rights not expressly granted are reserved.

Awarded’s name, logo, product names, service names, designs, and slogans are trademarks of Awarded. Shopify’s name and branding are trademarks of Shopify Inc. All other trademarks are the property of their respective owners.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools. These tools are provided “as is” and “as available,” without warranties or endorsements.

We are not responsible for third-party tools or their terms of use. Your use of such tools is at your own risk.

New features or tools added to the Website shall also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain links to third-party websites. We are not responsible for the content, policies, or practices of any third-party websites.

If you access third-party websites, you do so at your own risk.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

The Website is hosted by Shopify. However, all sales and purchases are made directly with Awarded.

Shopify is not responsible for any aspect of transactions between you and Awarded. You release Shopify and its affiliates from any claims arising from your purchases through the Website.

SECTION 10 – PRIVACY POLICY

All personal information collected through the Services is governed by our Privacy Policy.

Because the Website is hosted by Shopify, certain data may also be processed by Shopify in accordance with its privacy policy.

By using the Services, you acknowledge that you have reviewed these privacy policies.

SECTION 11 – FEEDBACK

If you submit feedback, suggestions, reviews, or other content (“Feedback”), you grant Awarded a perpetual, worldwide, royalty-free license to use such Feedback for any lawful purpose.

You represent that:

  1. You have the right to submit the Feedback;

  2. It does not violate any third-party rights; and

  3. It complies with these Terms.

We are not obligated to maintain Feedback in confidence, respond to it, or compensate you.

SECTION 12 – ERRORS

We reserve the right to correct errors, inaccuracies, or omissions at any time without prior notice, including after an order has been submitted.

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes.

You may not:

  • Violate any applicable laws;

  • Infringe intellectual property rights;

  • Upload malicious code;

  • Scrape or harvest data;

  • Misrepresent your identity;

  • Interfere with the security or operation of the Website.

We may suspend or terminate access if you violate these Terms.

SECTION 14 – TERMINATION

We may terminate your access to the Services at any time without notice.

Sections relating to Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and any other provisions that by their nature should survive termination shall survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

The Services and all products are provided “as is” and “as available” without warranties of any kind, express or implied.

Awarded disclaims all implied warranties including merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee uninterrupted or error-free use of the Services.

Some jurisdictions do not allow certain disclaimers, so portions may not apply to you.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, Awarded and its affiliates shall not be liable for any indirect, incidental, punitive, special, or consequential damages arising from your use of the Services.

In no event shall Awarded’s total liability exceed the amount paid by you for the specific product or service giving rise to the claim.

SECTION 17 – INDEMNIFICATION

You agree to indemnify and hold harmless Awarded and its affiliates from any claims arising out of:

  1. Your breach of these Terms;

  2. Your violation of law; or

  3. Your misuse of the Services.

SECTION 18 – SEVERABILITY

If any provision is found unenforceable, the remainder shall remain in effect.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Awarded regarding the Services.

Failure to enforce any provision does not constitute a waiver.

SECTION 20 – ASSIGNMENT

You may not assign these Terms without written consent. Awarded may assign these Terms without notice.

SECTION 21 – GOVERNING LAW

These Terms are governed by the laws of the State of California.

You and Awarded consent to exclusive jurisdiction and venue in the state and federal courts located in San Francisco County, California.

SECTION 22 – CHANGES TO TERMS

We may update these Terms at any time by posting updates to the Website.

Your continued use of the Services after changes constitutes acceptance.

SECTION 23 – CONTACT INFORMATION

Questions about these Terms should be sent to:

Awarded LLC
it@awardedrfp.com
505 Montgomery Street, Suite 1100
San Francisco, CA 94111
(415) 742-6722