Welcome to My Care Voice! 
You and Awenami, LLC (“Awenami”) agree to enter into this Terms of Service (“Terms”) which creates a binding legal agreement between You and Awenami. When You create or access a My Care Voice account using the My Care Voice website located at https://MyCareVoice.com (hereinafter referred to as “Site” or “My Care Voice”) provided by Awenami, then You agree that You have read and understood the terms and conditions of use below and You agree to be bound by them. 
For and in consideration of the mutual covenants, promises, agreement, and payments described below You and Awenami contract to and with each other that:

Definitions
“Awenami” means Awenami, LLC an Oklahoma limited liability company.
“You” and “Your” means a natural person who is currently registered or has been registered with the Site. “Subscription” means the annual membership whereby You have registered with the Site and properly paid all applicable charges, as determined by Awenami, thereby granting You access to the Site. The Subscription will automatically renew unless You affirmatively cancel.
“Advance Care Plan” and “Digital Advance Care Plan” means the digital documents You have either created, populated, and/or uploaded and stored on the Site. This may include but is not limited to a digital living will and medical power of attorney.

General Terms
If You do not agree to be bound by these Terms, then You cannot register, subscribe, create, use, and/or access a My Care Voice account. When You use or access My Care Voice, You agree to comply with any guidelines, rules, terms, and conditions applicable to Your use or access that Awenami posts, and applicable agreements Awenami may have with third-parties.
The initial term of this agreement is for one (1) year and it shall automatically renew for a successive one (1) year period unless You elect to cancel Your My Care Voice account and/or Subscription.
You must be at least 18 years old to use My Care Voice and You agree that You are 18 years old and legally able to enter into a contract.
Awenami’s sole responsibility is to provide a digital platform for You to create, populate, upload, and store Your advance care plan by having access to My Care Voice, along with other information stored or displayed in My Care Voice which is all done in accordance with these Terms. 
You agree that any information You provide through My Care Voice is and will remain true, accurate, and complete.
We may rely on any document – not only as to its execution, validity, and effectiveness, but also as to the truth and accuracy of any information contained in the document – that we in good faith believe to be genuine, and to have been signed or presented by the person claiming to have signed it. Similarly, Awenami may rely on the validity, truth, and accuracy of any rich media file such as audio or video files that You upload and store using My Care Voice.
You agree that if any information that You provide is false, inaccurate, obsolete or incomplete, we may terminate Your use of My Care Voice. Awenami is not responsible or liable for any inaccuracies in the information You provide through My Care Voice. 
You are responsible for the computer hardware, telecommunications, broadband, and other services needed to access and use My Care Voice, and for paying all required, necessary, and related charges. Awenami does not operate or control the internet or Your mobile connection, so Awenami cannot guarantee that My Care Voice will be error or virus free, invulnerable to hackers or other unauthorized users, or always available. Awenami is not responsible for defects in computer hardware or software, communication lines, the internet or internet service providers, or any other service or device that You or anyone else uses to access My Care Voice.
Awenami may send You reminders to verify and update Your information periodically, so You agree to maintain and update that information regularly.
You cannot use an email address that is offensive (and we reserve the right to decide what is or is not offensive).

Username and Password
Your username and password are for Your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password You use to access My Care Voice. If You transfer Your username and password, or if You loan or otherwise transfer Your use of or access to My Care Voice, to any other person, then You are fully responsible for anything that happens while someone else is using Your username and password.
You agree to immediately notify Awenami of any unauthorized use of Your username or password or any other breach of security related to Your account or My Care Voice. You also agree to ensure that You sign out of Your account with My Care Voice at the end of each session.
To report unauthorized access or use of My Care Voice, send an email to info@mycarevoice.com. We are not liable for any loss or damage that results from Your failure to comply with any of the obligations listed above.

Subscription Payment, Amounts Due, Cancellation, and Automatic Renewal
You agree to pay Awenami, its’ licensees, successors, and/or assigns, the full Subscription and renewal costs charged to You for a Subscription or renewal to My Care Voice. Your agreement to pay all applicable costs is independent of whetherYour Subscription is provided to You in whole or in part via a Master Sales Agreement. Awenami reserves the right to charge Your costs of the Subscription and/or renewal of Subscription subject to the terms of any applicable Master Sales Agreement. If at any point You are not covered by a Master Sales Agreement You agree to pay Awenami its’ licensees, successors, and/or assigns the full costs of such Subscription and/or renewal costs charged to You. Awenami retains sole discretion to determine the cost of such Subscription and/or renewal and may change the cost of such at any time and in its’ sole discretion. If You elect to obtain a Subscription or in the event a Subscription is provided to You in whole or in part as a benefit to You by a third-party, You agree to the terms of sale, pricing, payment, and billing policies applicable to such fees and charges. Awenami may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. You authorize Awenami to charge Your credit card for all fees and charges incurred in connection with Your use of the services, including Awenami’s fees, government fees, taxes and other third-party fees.
If You register with us, You may cancel Your Subscription and/or account at any time; however, You are only entitled to a refund if you cancel Your Subscription before the occurrence of either: (i) the expiration of ten (10) days from the date you initially acknowledge and agree to these Terms OR (ii) Your initiation of the My Care Voice journey. You are only entitled to a refund of any renewed Subscription if you cancel within ten (10) days of the date Your Subscription automatically renews. For the purpose of computing the ten (10) day period for refund entitlement, the date You initially acknowledge and agree to these Terms or the date of any successive automatic renewal shall count as day one. Otherwise, there are no refunds for cancellation. In the event Your Subscription is provided to You in whole or in part via a Master Sales Agreement any potential refund is subject to the terms of such Master Sales Agreement which terms of such agreements are fully and completely incorporated herein and may amend these Terms to the extent there is a conflict. In the event that Awenami suspends or terminates Your Subscription account or these Terms, You understand and agree that You shall receive no refund or exchange for any Awenami content, any unused time or service on a Subscription, any license or Subscription fees for any portion of the services, any content or data associated with Your account, or for anything else.
You agree to pay all charges incurred by users of Your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions, or other monetary transaction interactions.
YOU AND AWENAMI AGREE THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A SUCCESSIVE ONE (1) YEAR TIME PERIOD ON THE ANNIVERSARY DATE OF YOUR ACKNOWLEDGMENT AND AGREEMENT TO THESE TERMS. ON SUCH RENEWAL DAY YOU GRANT PERMISSION AND AGREE THAT AWENAMI MAY CHARGE YOUR CREDIT CARD, DEBIT CARD, OR OTHER PAYMENT METHOD YOU PROVIDED IN THE AMOUNT OF THE CURRENT PREVAILING SUBSCRIPTION PRICE PLUS APPLICABLE TAXES, IF ANY, RELATING TO ANY SUCH PURCHASE, TRANTSACTION, OR OTHER MONETARY TRANSACTION INTERACTIONS.
You provide us Your data at Your own risk and consent to have it and Your payment processed via a third-party payment processor.

Communication by Email
Awenami may be required to send email communications to You regarding My Care Voice, the use of information You store on My Care Voice, and other services or subjects. Doctors, hospitals, other healthcare providers (“Medical Providers”), and other individuals you wish to have access to Your personal information, Your advance care plan or other documents You create or store using My Care Voice, may also be communicated with by email. You agree that Awenami may communicate with You as well as on your behalf with Medical Providers and your designated individuals by email, and You consent to receiving emails and emails being sent on your behalf. If You withdraw Your consent to email communication, Awenami may be forced to terminate Your right to use My Care Voice.

Third-Party Discounts or Benefits
To the extent You become eligible for any premium discounts or other benefits from any third-party entity, as a result of Your Subscription and use of My Care Voice, such third-party entity may require disclosure of identifying information, as well as other credentials and passwords related to You. You are responsible for maintaining the confidentiality of that information.

Intellectual Property and Interference with Operations
My Care Voice and any content that we make available are protected by intellectual property laws. Awenami is licensing My Care Voice to You, we are not selling it to You. 
•  You may use My Care Voice only as permitted by these Terms, and Awenami reserves all rights not expressly granted to You under these Terms.
•  You cannot modify, adapt, alter, translate, or create derivative works of the Site.
•  You cannot use or merge My Care Voice, or any component or element of My Care Voice, with other software, databases or services not provided by Awenami.
•  You cannot sublicense, distribute, sell, or otherwise transfer My Care Voice to any third-party.
•  You cannot reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or structure of the Site.

When You obtain a Subscription, create an account, and/or access My Care Voice, You cannot use an email address that is already being used by another My Care Voice user, an email address that belongs to somebody else, or an email address that may be seen as impersonating another person. You cannot use an email address that violates someone else’s rights, including intellectual property rights. You cannot interfere in any way with the operation of My Care Voice. You cannot circumvent, or try to circumvent, any security measures in place to regulate or control access to My Care Voice. You cannot use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather My Care Voice or reproduce or circumvent the navigational structure or presentation of My Care Voice without our express prior written consent. You cannot use My Care Voice for any commercial purposes unless You have an agreement in place with us to do so. You agree not to develop, distribute, or sell any software or other functionality capable of launching, being launched from or otherwise integrated with My Care Voice. You cannot remove, alter, or obscure any copyright notice or any other proprietary notice that appears on or in My Care Voice. You agree not to encourage or help anyone else to do anything listed above.

Any logo, trademark, service mark, domain name, or trade name appearing on My Care Voice, including “Awenami”, “My Care Voice”, and “My Care Journey” (“Marks”), whether registered or not, are the property of Awenami or their respective owners. You cannot use any Marks without the express written permission of Awenami.

Privacy
Awenami’s Privacy Policy is fully and completely integrated into these Terms. Awenami works with several types of third-party vendors that provide products and services that we integrate into the Site. By agreeing to these Terms, You are certifying that You have read and familiarized Yourself with the Privacy Policy, privacy policies of third-party vendors and agree to be bound by the terms of such policies. Your submission of information through My Care Voice is governed by Awenami’s Privacy Policy, which is located at Privacy. We do not look at Your answers or try to change them, but our software will try to help You avoid conflicting responses. We also study traffic patterns on the Site to try to learn how people use My Care Voice, where they might be having problems or getting confused, and where they might be dropping off, so that we can improve our user experience.

Monitoring Activity and Unauthorized Use
You understand and agree that Awenami and its affiliates have the right to monitor activity on My Care Voice to protect the privacy of our users. We also have the right to monitor activity on My Care Voice as needed to enforce these Terms and protect Awenami and our employees, officers, directors, shareholders, and My Care Voice users and visitors from any unlawful, misleading, or fraudulent activity.
We also have the right to monitor activity on My Care Voice to comply with legal obligations or governmental requests.
Unauthorized use of My Care Voice may subject You to criminal prosecution. We may use evidence of unauthorized use for administrative, criminal, or other disciplinary action. Your use of My Care Voice, authorized or unauthorized, constitutes consent to monitoring by Awenami and its affiliates for the purposes listed above.

Modification, Suspension, or Discontinuation
You and Awenami agree that Awenami reserves the right to modify, suspend, or discontinue the Site in its’ sole discretion without penalty. Just like almost any other business, we may need to temporarily or permanently change, suspend, or discontinue My Care Voice. You agree and understand any potential suspension or discontinuation may prevent You or anyone else from accessing your advance care plan documents. We may need to change how You use My Care Voice, including charging You fees to use the service. We may also offer special opportunities to some or all users of My Care Voice. We will notify You, when reasonably possible, before we make significant changes to My Care Voice, and You agree that neither Awenami nor any of our affiliates will be liable to You or to any third-party for any modification, suspension, or discontinuance of My Care Voice.

Authorized Communications and Disclosure of Information
When You create a My Care Voice account, You authorize us to share Your signed advanced care plan documents, documents You may upload to the Site, or all other documents stored in Your account, including any videos, and/or rich media files, with any family member, proxy, healthcare provider, or others You designate.
You agree Awenami is not a Healthcare Provider, a Covered Entity, or a Business Associate as those terms are defined by the United States Federal Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”), and no Covered Entity is a party to these Terms between You and Awenami. Further, You and Awenami understand and agree that an insurer, payor, or Covered Entity cannot condition any treatment, payment, enrollment, or eligibility for benefits on whether You agree to these Terms and create a My Care Voice account.
As part a condition of Your Subscription, Awenami requires You and/or Your representative to authorize the use and/or disclosure of information that may be deemed Protected Health Information (as that term is defined under United States law at 45 CFR 164.501) between Awenami and hospitals and other medical providers subject to HIPAA, or to similar laws and regulations outside the United States of America. Our HIPAA Notice is fully and completely integrated into these Terms and is located at HIPAA. By agreeing to these Terms, You certify that You have read Awenami’s HIPPA Notice and agree to be bound by the Terms of the HIPPA Notice.
By registering with My Care Voice, either directly or with the help of a representative, and by using My Care Voice, You agree that Awenami and any entity deemed to be a Covered Entity or Business Associates, as defined by HIPAA, may disclose your health information, including that which may be deemed to be Protected Health Information, to each other as necessary for You to create Your Digital Advance Care Plan, store Your Advance Care Plan, and communicate Your medical treatment goals, preferences, and priorities to Your medical providers.
You also agree that Awenami and any entity deemed to be a Covered Entity or Business Associates, as defined by HIPAA, may disclose your health information, including that which may be deemed to be Protected Health Information, to each other as necessary for the Covered Entities and Business Associates to provide to Awenami, as well as, to locate, retrieve, view and print, any documents, rich media files and health information stored on My Care Voice.
You understand that once the information above is released, it may be subject to re-disclosure by Awenami or any entity deemed to be a Covered Entity or Business Associates, as defined by HIPAA, and may not be protected under the privacy rules issued under HIPAA or similar laws outside the United States of America.
You agree that the authorization above will remain in effect for as long as You have Your Subscription. If You ever close or fail to renew Your Subscription, Your authorization above will be automatically revoked. In that case, no further use or disclosure of Your advanced care plan documents, documents You may have uploaded, or all other documents stored in Your account, including any videos and/or rich media files will be allowed. 
Once Your My Care Voice Subscription and/or account is closed and Your authorization is revoked, Awenami agrees that it will not maintain, use, or disclose Your advanced care plan documents, documents You may have uploaded, or all other documents stored in Your account, including any rich media files for the purposes stated above except to the extent that we have already relied on the authorization. 
My Care Voice allows You to share information with Medical Providers and others. However, You agree and recognize that Awenami does not control those Medical Providers and others. You further agree that each medical treatment provider will follow its own institutional procedures, local laws, and regulations in making decisions about care and treatments that may conflict with Your goals, preferences, and priorities recorded in Your advance care plan created or uploaded and stored using My Care Voice. That is why Awenami cannot guarantee that medical treatment providers will access and/or follow Your wishes as expressed in Your advance care plan or any other documents created or stored using My Care Voice in any particular situation.
To the extent You have submitted and/or stored the name of Your insurance or benefit plan to Your account, You agree that and understand that Awenami and/or My Care Voice does not provide any information regarding benefits coverage, healthcare costs, or doctors and hospitals participating in Your plan. You should contact Your insurance carrier or plan administrator (“Payers”) for this information. In some cases, a Payer may contract with Awenami to provide its members with information about advanced care planning and/or Health Plan Incentives. We reserve the right to monitor those Health Plan Incentives, but we do not control the Payers or the Health Plan Incentives, and we are not responsible or liable for any inaccuracies that they may contain, or for any messaging, reference materials or other content or services made available in those Health Plan Incentives.

Advertising and Marketing
Awenami may sell advertising or access to its platform to advertisers. My Care Voice may contain information concerning Medical Providers, Payers, and other partners or advertisers who may offer products or services compatible with My Care Voice. We may also provide links to third-party websites or software applications. That information and those links are provided solely for Your convenience. We do not monitor, control, or endorse any companies or their products or services, and we are not responsible for services and features offered by other people or companies, even if You access them through My Care Voice.

Your Transactions with Third-Parties
Awenami is not responsible or liable for any transactions or disputes between You and any third-party, Medical Providers, or Payers. If You have a dispute with a Third-Party, Medical Provider or Payer, You agree to release us (and our officers, directors, and employees) from any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with the use of My Care Voice or such disputes. You waive any provisions of any state, province, or country law that limit or prohibit a general release.

You Are Responsible For Complying With Applicable Laws
You acknowledge and agree that Awenami is offering You proprietary services and documents. You acknowledge and agree that advanced care planning documents have signature, witness, and notary requirements that are controlled by the laws and regulations of various states. You further acknowledge and agree that You are responsible for complying with the laws of Your particular jurisdiction, state, province, territory, canton, or country with respect to signature, witness, and notary requirements on Your My Care Voice advance care plan, as well as, on any document or rich media file that You upload and store using My Care Voice. You further agree and recognize that Your failure to do so may result in an advance care plan that may not be recognized or followed by a medical provider.

Removal Of Content And Suspension Or Termination Of Your Use
Awenami can remove any content, document, or information that You create or store using My Care Voice if we believe that it violates these Terms or our policies, or if we are permitted or required to do so by law. We can also suspend or terminate Your use of or access to My Care Voice (including any incentives made available through My Care Voice) immediately and without notice to protect our community or services, or if You create risk or legal exposure for us, or if You fail to comply with these Terms. Such suspension or termination may result in the permanent deletion of Your information or other previously available content. Any termination of Your rights to use My Care Voice will not affect Awenami’s rights.

Awenami Does Not Provide Health Or Legal Advice
The health-related information available through My Care Voice is general in nature and is not a substitute for professional healthcare. We provide that information for educational purposes only. We do not intend for You to use that information to replace the advice of healthcare professionals. You are responsible for Your reliance on My Care Voice and the health-related information available through My Care Voice. You are also responsible for any decisions or actions resulting from Your use of My Care Voice. That includes any decision to seek (or not) any diagnosis or treatment. If You have specific healthcare needs, or for complete health information, please see a doctor or other healthcare provider.
Awenami provides proprietary services and document formation, information, and software only. The information available through My Care Voice is not intended to serve as legal advice regarding any particular situation or the laws or regulations of any particular jurisdiction. Awenami does not claim or represent that an advance care plan created using My Care Voice constitutes a “legal form” “legal advance directive,” “advance medical directive” “power of attorney” or similar document valid and/or enforceable under the laws or regulations of any particular jurisdiction, even if You comply with signature, witness, and notary requirements that apply where You live. We do not provide legal advice or participate in any legal representation. Awenami’s services are not legal advice and there is no attorney-client relationship between You and us. We are not a law firm or a substitute for an attorney or law firm. If You need legal or other expert assistance, You should seek the services of a competent legal professional.
Awenami and/or My Care Voice is not a law firm and does not provide any legal advice. We simply offer self-help proprietary forms. If You purchase a Subscription or are provided a Subscription in whole or in part and create or upload a form or material on the Site these Terms control. Our services are not substitutes for the advice of an attorney and if You need legal advice for Your specific matter, or if the Your matter is too complex to be addressed by our offerings You should consult a licensed attorney in Your area. The law changes rapidly and is different from jurisdiction to jurisdiction and may be subject to interpretation by different courts. The law and application of the law is a personal matter and no general information or Site like the kind by provide can fit every circumstance. We do not review the materials or any information You input for accuracy or legal sufficiency, draw legal conclusions, provide legal advice, or apply the law to the facts of Your particular situation. You understand that our services are not legal advice, nor the practice of law and the materials are not customized to Your particular needs. Therefore, if You need legal advice for Your specific problem, You should consult a licensed attorney in Your area.

Third-Party Beneficiary Exclusion
The agreement explained in these Terms does not give rights to anyone other than You and Awenami. No provision(s) of Terms are intended or shall be construed to confer upon or give to any person or entity other than You and Awenami any rights, remedies, or other benefits under or by reason of these Terms.

Assignable By Awenami
You cannot transfer Your rights or obligations under these Terms without Awenami’s written consent. However, Awenami’s rights and obligations can be assigned to others. For example, this could occur if our ownership changes or by law.

No Warranty
My Care Voice and any information that the Site contain are provided “as is” and “as available,” and we cannot guarantee that My Care Voice will be safe and secure or will work perfectly all the time. You are using My Care Voice voluntarily and at Your sole risk. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. 
We make no guarantee, representation or warranty regarding the availability, accessibility, validity, or enforceability in any particular jurisdiction of Your My Care Voice advance care plan or any document that You create, upload, and store using My Care Voice.
Awenami does not endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through the My Care Voice services or any hyperlinked website or service, and Awenami will not be a party to or in any way monitor any transaction between You and Medical Providers of products or services.

Limitation of Liability
YOU, YOUR ESTATE, AND YOUR HEIRS WILL NOT HOLD AWENAMI OR ANY OFFICER, DIRECTOR, OR EMPLOYEE OF AWENAMI LIABLE FOR ANY LOSS, INJURY, OR CLAIMS OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY LOSS, INJURY, OR CLAIM RESULTING FROM ANY HEALTH PROVIDER OR MEDICAL PROVIDER NOT FOLLOWING YOUR WISHES EXPRESSED IN YOUR ADVANCE CARE PLAN OR YOUR FAILURE TO PROVIDE TRUE, ACCURATE, UPDATED, AND COMPLETE INFORMATION WHEN YOU USE MY CARE VOICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AWENAMI, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICES. UNDER NO CIRCUMSTANCES WILL AWENAMI BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AWENAMI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT; (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) ANY USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. AWENAMI EXPLICITLY DISCLAIMS ANY AND ALL LIABILITY AND/OR RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION THAT MAY BE DEEMED CONFIDENTIAL BY YOU OR ANY THIRD PARTY. IN NO EVENT SHALL AWENAMI, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE SUBSCRIPTION AMOUNT YOU PAID TO AWENAMI HEREUNDER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF AWENAMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. 

Indemnification
You agree to defend (at our request), indemnify and hold harmless Awenami and our officers, directors, employees, agents and licensors from and against all claims, actions, liabilities, losses, expenses, damages and costs (including reasonable attorney’s fees and costs) (collectively, “Losses”) arising out of or related to Your use of My Care Voice or any violation of these Terms by You, including any data or content transmitted; Your violation of any provision of these Terms; Your violation of any right of privacy, publicity rights, or intellectual property rights; Your violation of any law, rule or regulation of any State, the United States or any other country; any claim or damages that arise as a result of any of Your user content or any that is submitted via Your account; any other party’s access and use of the services with Your unique username, password, or other appropriate security code; however, Your indemnification obligation will not extend to any Losses that are related to the intentional acts of Awenami. You agree to cooperate with us in the defense of any claim if required. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by You, and You will not under any circumstances settle any claim without our prior written consent.

Controlling Law and Jurisdiction
Awenami is an Oklahoma limited liability company, and Your use of My Care Voice is not intended to subject Awenami or its affiliates to the laws or jurisdiction of any state, country, or territory other than that of the United States and the State of Oklahoma.
You expressly agree that Your rights and obligations, these Terms and any disputes shall be governed by and interpreted in accordance with the laws of the State of Oklahoma, excluding its choice of law rules. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Subject to the below arbitration provision, any claim or dispute between You and Awenami that arises in whole or in part from Your Subscription, membership, My Care Voice, use of the Site and/or My Care Voice, and/or Awenami’s services, shall be decided exclusively by a court of competent jurisdiction located in Rogers County, State of Oklahoma. You also acknowledge and agree that You are waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both You and Awenami otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding.

Dispute Resolution
You and Awenami agree that any dispute, claim or controversy arising between the parties (collectively, “Disputes”) will be settled by binding arbitration, except, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. 
You acknowledge and agree that You and Awenami are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both You and Awenami otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration) The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of Oklahoma and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless You and Awenami otherwise agree, the arbitration will be conducted in Rogers County, State of Oklahoma. If Your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents You and Awenami submit to the arbitrator, unless You request a hearing, or the arbitrator determines that a hearing is necessary. If Your claim exceeds $10,000, Your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. 

Modifications to Terms of Service
If we change My Care Voice and our policies, we may need to make changes to these Terms so that they accurately reflect our services and policies. Awenami reserves the right to modify or change these Terms at any time and such changes will become effective immediately when they are posted on My Care Voice. If we change the Terms, we will either post the modification on the Site or otherwise provide You with notice of the modification. If You continue to use My Care Voice or fail to cancel and close Your account within ten (10) days after we post such modifications, then You will be bound by the updated Terms. If You do not want to agree to these or any updated Terms, You can always close Your account. 

Miscellaneous
If any aspect of these Terms is found to be unlawful, void or unenforceable for any reason, that provision will be deemed removed from these Terms, but the rest of the rights and obligations under these Terms will remain in effect. 
These Terms, together with all policies referred to in these Terms, are the entire agreement between You and Awenami relating to Your access to and use of My Care Voice.
Any amendment or waiver of these Terms must be in writing by Awenami. If we fail to enforce any aspect of our agreement, it will not be a waiver.
You can always contact Awenami at info@mycarevoice.com with any questions, complaints or claims regarding My Care Voice. We make every effort to respond to user questions or complaints within 48 hours, and we try to fix any bugs that are discovered within 7 days. 
In addition, we always appreciate feedback, suggestions, and ideas about My Care Voice, but You agree that we can use this feedback and these suggestions and ideas in any way, including in future My Care Voice modifications, multimedia works and/or advertising, and promotional materials relating to My Care Voice without any restrictions or obligation to compensate You for them, and we are under no obligation to keep them confidential.