Terms of Service

1. Agreement to These Terms

These Terms of Service (the “Terms”) are a binding agreement between you and WakeUpAmerica LLC (“Wake Up America,” “we,” “us,” or “our”), which operates Wake Up America, a local community video news platform. By visiting wakeupamerica.com, creating an account, applying to any Wake Up America program, or purchasing anything from us, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the platform. If you are agreeing on behalf of a business, you represent that you are authorized to bind that business.

2. Who May Use Wake Up America

• Viewing content: you must be at least 13 years old to browse wakeupamerica.com and watch published content.
• Reporters, Featured Members, and anyone uploading content or paying us: you must be at least 18 years old and legally able to enter into a contract. These roles involve payments, tax reporting, and content licensing obligations that a minor cannot lawfully assume.
• You must not use Wake Up America if we have previously terminated your account or if you are barred from doing so under applicable law.
• Wake Up America is intended for use in the United States. We make no claim that the platform is appropriate or available elsewhere.

3. Accounts and Account Security

• You will provide accurate information and keep it current
• You will not create an account for anyone else or transfer your account without our written permission
• You are responsible for keeping your password confidential and for all activity that occurs under your account
• You will not share your login, and you will not access anyone else's account
• You will tell us promptly at support@wakeupamerica.com if you suspect your account has been compromised

4. Acceptable Use

We are building a platform that local communities can trust. You agree that you will not:

• Post content that is unlawful, defamatory, harassing, threatening, hateful, sexually explicit, or that depicts or promotes violence
• Post content you do not have the rights to, or that infringes anyone's copyright, trademark, publicity, or privacy rights
• Knowingly publish false or misleading information as news, or fabricate or deceptively edit footage or quotes
• Impersonate any person or organization, including Wake Up America
• Misrepresent your Wake Up America press credentials, or use them to gain access to any place or event under false pretenses
• Post unauthorized commercial communications, such as spam
• Collect users' content or information using automated means such as scrapers or bots
• Upload viruses or malicious code, or attempt to disrupt, overload, or gain unauthorized access to the platform
• Bully, intimidate, or harass any user, Reporter, Featured Member, or member of the public
• Film in places where you do not have permission to film, or where filming is prohibited by law
• Use Wake Up America for any unlawful purpose

We may review, refuse, edit, or remove any content at our discretion, and we may suspend or terminate accounts that violate these Terms. We are not obligated to monitor content, and we do not guarantee that we will catch every violation.

5. Your Content and the Rights You Grant Us

You keep ownership of your content. You continue to own the video, images, text, and other material you submit to Wake Up America (“Your Content”). We do not claim ownership of it.

The license you give us. By submitting Your Content, you grant Wake Up America a non-exclusive, worldwide, royalty-free, transferable, and sub-licensable license to host, store, reproduce, edit, adapt, caption, excerpt, reformat, publish, publicly perform, publicly display, and distribute Your Content on the Wake Up America platform and on the third-party search, social, and video platforms through which we distribute Wake Up America content, and to use it to promote Wake Up America and the platform. This license lets us do the job you are asking us to do: edit your video, publish it, and push it out to an audience.

How long the license lasts. You may ask us to remove Your Content at any time, and we will remove it from wakeupamerica.com within a reasonable period. However, the license continues for content that has already been distributed to or reshared on third-party platforms, incorporated into compilations or promotional material, or retained in backups, because we cannot always retrieve those copies. We will make reasonable efforts to request removal from platforms we control.

Your promises about Your Content. You represent and warrant that, for everything you submit:

• You own it or have all rights necessary to grant the license above
• You have obtained permission — and, where appropriate, a signed appearance release — from every identifiable person who appears in or is recorded in it
• Where a person filmed is a minor, you have obtained permission from their parent or legal guardian
• You have permission from the property owner or manager to film on any private property shown
• You have the rights to any music, footage, graphics, logos, or other third-party material included in it
• You have complied with all applicable recording and consent laws, including any state law requiring the consent of people being recorded
• It is accurate and not misleading, and any paid or sponsored relationship it reflects is clearly disclosed as required by FTC guidelines

Wake Up America may provide release forms as a courtesy, but obtaining valid releases remains your responsibility. If you cannot secure the rights to something, do not submit it.

6. Featured Member Subscriptions and Billing

Featured Membership is a paid, recurring subscription for businesses. Current pricing is $469 per month, plus a one-time setup fee of $400 charged at enrollment. Pricing displayed on the site at the time you enroll governs your subscription.

• Auto-renewal. Your subscription renews automatically each month on the anniversary of your enrollment date, and the monthly fee is charged to your payment method on file, until you cancel. By enrolling, you authorize these recurring charges.
• Setup fee. The setup fee covers onboarding, initial production, and listing setup. It is charged once and is non-refundable once onboarding work has begun.
• Cancellation. You may cancel at any time by emailing support@wakeupamerica.com or through your account, if that option is available. Cancellation takes effect at the end of your current billing period. You keep access and your listing stays live through the end of that period, and you will not be charged again after it.
• Refunds. Monthly subscription fees are non-refundable, including for partial months, except where required by law or where we have failed to deliver the services described at enrollment. If you believe you were billed in error, contact us within 60 days of the charge and we will investigate and issue a refund if the charge was incorrect.
• Failed payments. If a payment fails, we may retry it, suspend your listing, and after 15 days terminate the subscription. You remain responsible for amounts already owed.
• Price changes. We may change subscription pricing on at least 30 days' notice. The new price applies at your next renewal, and you may cancel before then if you do not accept it.
• What happens after cancellation. Your Featured Member listing and associated pages will be unpublished from wakeupamerica.com. Videos we produced for you may remain in our archives and on third-party platforms where they have already been distributed. Ask us in writing if you want us to request their removal.
• Taxes. Prices do not include sales or other applicable taxes, which will be added where required.

Payments are processed by Stripe , and are also subject to that processor's terms. We do not store your full payment card details.

7. Reporter Program — Enrollment and Fees

The Reporter program lets approved individuals produce local video content for Wake Up America. Applying is free. Being accepted is not guaranteed — we review every application and may decline any applicant, or limit the number of Reporters in a city, for any lawful reason.

• Starter kit. If accepted, enrollment requires a one-time starter kit purchase of $300, which includes the equipment, credentials, and materials listed on the enrollment page. Physical items are yours to keep, subject to the return of Wake Up America press credentials described below.
• Membership fee. Ongoing participation requires a recurring membership fee of $17 per month, beginning in Month 2, which covers Wake Up America Academy access, your Reporter category page, your Wake Up America email address, and platform access. It renews automatically each month until you cancel, and you authorize these recurring charges when you enroll.
• Starter kit refunds. You may request a refund of the starter kit fee within 30 days of purchase by returning the physical contents in unused, resalable condition. Return shipping is paid by Wake Up America — email support@wakeupamerica.com and we will send you a prepaid return label. Consumed or activated items, such as digital course access, may be deducted from the refund.
• Membership cancellation. You may cancel your monthly membership at any time by emailing support@wakeupamerica.com. Cancellation takes effect at the end of your current billing period. Monthly membership fees are non-refundable for partial months. On cancellation you lose access to Wake Up America Academy, your Wake Up America email address, and your category page, your city may be reassigned, and you must stop presenting yourself as a Reporter and stop using Wake Up America press credentials, which remain our property and must be returned or destroyed.

8. Reporter Program — Independent Contractor Status

Reporters are independent contractors, not employees, partners, joint venturers, or agents of Wake Up America. You control when, where, and how you produce content, you set your own schedule, and there are no minimum hours or quotas. You are responsible for your own taxes, including self-employment tax, and for your own equipment, transportation, and expenses beyond what the starter kit includes. We will issue an IRS Form 1099 where required. Nothing in these Terms entitles you to employee benefits, workers' compensation, unemployment insurance, or expense reimbursement. You may not enter into contracts, incur obligations, or make representations on behalf of Wake Up America.

9. Reporter Program — Compensation and Earnings

Subject to that disclaimer, accepted Reporters may earn, at the rates published on our enrollment pages:

• A recurring monthly production fee for each Featured Business sponsor
• A recurring monthly amount for Featured Businesses signed up by referred Reporters and those they in turn referred

Compensation is earned only when the underlying Featured Member subscription is actually paid and remains active. Recurring referral compensation stops when the underlying subscription is cancelled, refunded, charged back, or goes unpaid, and we may reverse amounts already credited in those cases. No compensation is paid for merely enrolling someone as a Reporter, or for starter kit or membership fees paid by people you refer — compensation is tied to Featured Member subscriptions and to production work actually performed.

Payments are made monthly, within 15 days after the end of the calendar month in which they are earned, via direct deposit (ACH) to the bank account you provide, with a minimum payout threshold of $25 — any balance below that carries forward to the next payout and is paid out in full once you reach the threshold or when your participation ends, after we receive a completed IRS Form W-9 from you. Compensation rates are subject to change on at least 30 days' written notice. Unpaid compensation is forfeited if your participation is terminated for a material breach of these Terms. We maintain the final determination of amounts owed, and you should raise any dispute about a payment within 60 days of receiving it.

10. Press Credentials and Representing Wake Up America

Wake Up America press credentials identify you as a credentialed contributor to Wake Up America. They remain our property, are personal to you, and may not be transferred, altered, or reproduced. They do not grant you legal authority, special access rights, or immunity of any kind, and they do not obligate any venue, business, or public body to admit you. Whether any third party — including any social media platform's verification or journalist program — recognizes your credentials is entirely up to that third party, and we do not guarantee any such outcome. You must return or destroy your credentials when your participation ends.

11. Intellectual Property of Wake Up America

The Wake Up America name, logo, category names, website design, software, and other materials we provide are owned by us or our licensors and are protected by intellectual property law. While your participation is active and in good standing, we grant you a limited, revocable, non-exclusive, non-transferable license to use Wake Up America branding solely as needed to carry out your role and consistent with any brand guidelines we provide. You may not register, or attempt to register, any Wake Up America mark or a confusingly similar mark, or any domain or social account name incorporating one.

12. Copyright Complaints

If you believe content on Wake Up America infringes your copyright, send a notice under the Digital Millennium Copyright Act to support@wakeupamerica.com or to our designated agent at Infraxio LLC, 90 Fort Wade Rd, Suite 100, Ponte Vedra, FL 32081 . Include the material at issue, your contact information, a statement of good-faith belief that the use is unauthorized, and a statement under penalty of perjury that your notice is accurate and that you are authorized to act. We will remove infringing material and will terminate the accounts of repeat infringers.

13. Suspension and Termination

You may stop using Wake Up America at any time and may cancel any subscription as described above. We may suspend or terminate your account, membership, subscription, or participation if you breach these Terms, if you create risk or possible legal exposure for us, if your payments fail, or if we discontinue the program or the platform. Where practical we will give you notice by email or the next time you sign in. If we terminate you without cause, we will refund any prepaid fees covering the period after termination. On termination, the licenses you granted us in Section 5 survive to the extent described there, as do Sections 14 through 18.

14. Disclaimers

Wake Up America is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the platform will be uninterrupted, secure, or error-free, that content will be accurate, that your content will reach any particular audience or achieve any particular reach or engagement, that we will launch in any particular city or on any particular date, or that any third party will do business with you. We are not responsible for content posted by users, for the conduct of any user, Reporter, or Featured Member, or for anything that happens while you are gathering content offline. Some jurisdictions do not allow certain disclaimers, so some of these may not apply to you.

15. Limitation of Liability

To the fullest extent permitted by law, Wake Up America and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, lost revenue, lost business opportunity, lost data, or loss of goodwill, arising out of or relating to these Terms or your use of Wake Up America, even if we have been advised of the possibility of such damages. Our total aggregate liability for all claims relating to these Terms will not exceed the greater of the amount you paid us in the twelve months before the event giving rise to the claim, or one hundred dollars ($100). These limits apply regardless of the legal theory and do not apply to liability that cannot be limited by law.

16. Indemnification

You agree to defend, indemnify, and hold harmless Wake Up America and its officers, directors, employees, and agents from any claim, demand, loss, or expense, including reasonable attorneys' fees, arising out of Your Content, your breach of these Terms, your violation of any law, your violation of anyone's rights (including privacy, publicity, and intellectual property rights), your conduct while gathering content, or any statement you make about Wake Up America or about potential earnings that we did not authorize.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of North Carolina, without regard to its conflict of laws rules.

Let's talk first. If you have a dispute with us, please contact support@wakeupamerica.com and give us 30 days to try to resolve it informally. Most problems can be sorted out this way.

Where disputes are decided. Any claim that is not resolved informally will be brought exclusively in the state or federal courts located in New Hanover County, North Carolina, and you consent to the personal jurisdiction of those courts. You may still bring a qualifying claim in small claims court.

Nothing in these Terms prevents you from reporting concerns to a government agency.

18. Changes to These Terms

We may update these Terms as the platform develops. We will update the “Last updated” date at the top of this page, and for material changes — especially changes to fees, compensation, or dispute resolution — we will give you advance notice by email or on the site. Changes are not retroactive. Your continued use of Wake Up America after a change takes effect means you accept the updated Terms. If you do not accept them, stop using Wake Up America and cancel any subscription.

19. General

• These Terms, together with the Privacy Policy and any program agreement you sign, are the entire agreement between you and us on this subject
• If any provision is found unenforceable, the rest remains in effect
• Our failure to enforce a provision is not a waiver of our right to enforce it later
• You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets
• Neither party is liable for delays caused by events beyond its reasonable control

20. Contact

Questions about these Terms? Contact WakeUpAmerica LLC at support@wakeupamerica.com or Infraxio LLC, 90 Fort Wade Rd, Suite 100, Ponte Vedra, FL 32081 .