TERMS OF USE
This website is owned and operated by LI YUN ALVARADO.
Our principal place of business is located at 2436 E 4TH ST #1180, LONG BEACH, CA 90814.
The following Terms of Use are entered into by and between You and LI YUN ALVARADO ("Company", "we", "our" or "us") regarding the use of our courses, programs, and associated materials (collectively the “Programs”).
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of LIYUNALVARADO.COM, including any content, functionality and Programs offered on or through LIYUNALVARADO.COM (the "Website"), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use, including the agreements incorporates by reference herein, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
I. CHANGES TO THE TERMS OF USE
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
II. NO UNLAWFUL OR PROHIBITED USE OF INTELLECTUAL PROPERTY
The information, including but not limited to text, designs, layout, graphics, photos, images, information materials, training materials and worksheets, documents, data, databases, videos, blog posts, trademarks, copyrights, logos, and all other information and intellectual property accessible on or through the us (collectively, "Content") is the intellectual property of Li Yun Alvarado, or the properly attributed party.
By purchasing, downloading, printing, or otherwise using our Content and Programs for personal use, you in no way assume any ownership rights of our intellectual property.
Our Content is copyrighted and original materials that have been provided to you are for your individual use only and a single-user license. You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website strictly in accordance with these Terms of Use.
You are not authorized to use any of our intellectual property for your business purposes. All intellectual property, including Company’s copyrighted programs and/or course materials, shall remain the sole property of Li Yun Alvarado. No license to sell or distribute Company’s materials is granted or implied. You agree (1) to not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) to not disclose such information to any other person or use it in any manner other than in discussion with the Company.
All content included as part of the Programs, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website.
The Company content is not for resale. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
III. USE OF PAID PROGRAMS AND ASSOCIATED MATERIAL
The Company from time-to-time provides various courses, programs, and associated material for sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Programs”) for your own personal or internal business use.
Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Programs in any manner.
By ordering or participating in Programs, you agree that the Programs you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By ordering or participating in Programs, you further agree that you shall not create any derivative work based upon the Programs and you shall not offer any competing products or services based upon any information contained in the Programs.
You may never imply or claim any of our intellectual property as your own or your unique creation, even with attribution. You must receive our written permission before using any of our Content for your own business or before sharing with others. Any request for written permission to use our Content or any other intellectual property belonging to us must be made before use by emailing us at liyun [at] liyunalvarado [dot] com
You understand that modifying, copying, reproducing, republishing, uploading, posting, translating, selling, marketing, or creating derivative works from our intellectual property in any manner or medium (including by email, website, link or any other electronic means) is illegal.
No license to sell or distribute Company’s materials is granted or implied. Further, by purchasing Company's Programs, you agree that if you violate, or display any likelihood of violating, any of the agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Use or modification of any of our Content and Programs is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.
All rights not expressly granted in these Terms and Conditions or any express written license are reserved by us.
IV. USE OF COMMUNICATION SERVICES
We claim no intellectual property rights over any content or communications you submit through our contact forms, blog, comments, newsletter sign up or other related pages or directly to our phones or mailing or email addresses. You retain copyright and any other rights you may rightfully hold in any content that you submit through our Site or in the course of our Programs, to the extent that you have any legal claims therein. Notwithstanding the foregoing, you grant us a worldwide, nonexclusive, irrevocable license to use, reasonably modify and display your communications for business development and marketing purposes. You agree to hold us harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
You shall not upload, post or otherwise make available on the Site or via email any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.
Any communications made through our contact forms, blog, blog comments, newsletter sign up or other related pages, or directly to our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties.
You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.
We may use any communications you submit on our website, mobile application, blog comments, emails or other media any communication on our website, server as allowed by United States law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business. You may, however, at any time ask us to delete any such communications.
For more information on your rights regarding your communications and on when and how we store and use your communications or any data provided by you in those communications, please refer to our Privacy Policy.
V. REFUND POLICY
Due to the nature of the Programs provided, refunds will not be given unless otherwise specified in writing.
VI. DISCLAIMERS
Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless our website and company for any direct or indirect loss or conduct incurred as a result of your use of our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s). We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, products, courses or the materials contained herein.
Earnings Disclaimer. There is no promise or representation that you will gain a certain amount of income or a certain level of career or professional success as a result of using our Site, Content or Programs. As with any endeavor, your results will vary and will be based on your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond our control, including variables we (or you) have not anticipated.
While we may reference certain results, outcomes or situations on this website, you understand and acknowledge that we make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website.
We cannot guarantee results; past results do not guarantee future results. There are no guarantees concerning the level of success you may experience. Each person’s results will vary. There are unknown risks in any venture, particularly with the Internet where advances and changes can happen quickly. The use of our information, products and Programs should be based on your own due diligence and you agree that we are not liable for your success or failure.
Affiliate Disclaimer. This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in this Terms of Use Agreement. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
We may include affiliate links on our Programs and Content. If you click an affiliate link and make a purchase, we will receive a commission in exchange that supports our ability to continue to the Site and Programs. You will not pay more when buying a product through an affiliate link, and we will always tell you when we include an affiliate link.
Medical Disclaimer. The Site, Content and Programs are not to be perceived as or relied upon in any way as medical advice or mental health advice and is not a substitute for professional medical advice, diagnosis or treatment. Do not disregard professional medical advice or delay seeking professional advice because of information you have obtained in the Site, Content or Programs. If you have medical or mental health questions, you should consult a medical or
mental health professional.
Legal and Financial Disclaimer. We are not a law firm. Using the Site, Content or Programs does not create an attorney-client relationship between you and Li Yun Alvarado. Neither receipt of information presented on LIYUNALVARADO.COM nor any email or other electronic communication sent to the Company or its professionals through LIYUNALVARADO.COM will create an attorney-client relationship. Li Yun Alvarado cannot guarantee the confidentiality of information provided by email through the website. No user of LIYUNALVARADO.COM should act, or refrain from acting, on the basis of information included on LIYUNALVARADO.COM without first consulting legal counsel in the relevant jurisdiction. If you have financial questions, you should consult a CPA and/or CFP.
VII. THIRD PARTY LINKS
Links posted on this website to other websites are provided only as a convenience to you. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Li Yun Alvarado. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Spamming, the unsolicited broadcasts of email addresses or links in this website, is prohibited and unauthorized.
VIII. ONLINE COMMERCE
We may allow you to make purchases from us or other merchants in certain sections of the Site. If you make a purchase from us on or through the Site or in person, all information obtained during your purchase and all of the information that you give us as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by us, the merchant and our payment processing company. Please review our Privacy Policy for how we comply with securing your personal data.
IX. LAWFUL PURPOSES
You may use the Site and Programs for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase Programs through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
X. INTERNATIONAL USERS
The Site and Programs are controlled, operated and administered by the Company from our offices within the USA. If you access the Site or Programs from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company's content accessed through the Site or Programs in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
XI. NO WARRANTY
The information presented on LIYUNALVARADO.COM is provided “as is” and “as available,” without representation or warranty of any kind. Li Yun Alvarado does not represent or warrant that such information is or will be always current, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed.
XII. LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Programs. Additionally, Li Yun Alvarado is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Li Yun Alvarado has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Li Yun Alvarado's cumulative liability to you exceed the total purchase price of the Program you have purchased from Li Yun Alvarado, and if no purchase has been made by you, Li Yun Alvarado's cumulative liability to you shall not exceed $100.
XIII. INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Programs. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
XIV. EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
XV. ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Li Yun Alvarado pertaining to the Site and Programs and supersedes all prior and contemporaneous agreements, representations, and understandings between us pertaining to the Site and Programs. No waiver of any of the provisions of this Agreement by Li Yun Alvarado shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by us.
XVI. NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Li Yun Alvarado
2436 E 4TH ST #1180
Long Beach, CA 90814
XVII. GOVERNING LAW; VENUE; MEDIATION
These terms and conditions require the use of mediation to resolve any disputes and limit the remedies available to you in the event of a dispute. You fully understand and agree that by using our Website and its Content that you are waiving certain legal rights and you are voluntarily agreeing to do so.
This Agreement shall be construed in accordance with, and governed by, the laws of California as applied to contracts that are executed and performed entirely in California. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Los Angeles County, California. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
XVIII. RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
XIX. SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
XX. ASSIGNMENT
These Terms bind and inure to the benefit of the parties’ successors and assigns. These Terms are not assignable, delegable, sublicenseable or otherwise transferable by you, accept upon approval by Li Yun Alvarado. Any transfer, assignment, delegation or sublicense by you is invalid.
XXI. CONSENT
By using our website, you hereby consent to our Terms and Conditions of Use.
If you have any questions about these terms of service or our included Privacy Policy, please feel free to contact us at liyun [at] liyunalvarado [dot] com
XXII. UPDATES
These Terms and Conditions of Use and Privacy Policy will be periodically reviewed and updated to reflect the current functions of the site. Registered users will be notified via e-mail of material changes before they take effect. If you do not agree to the changes, you may cancel your account. The revised terms will apply to you if you continue to use your account.
The last update was: October 16, 2018
XXIII. CONTACT INFORMATION
This website is owned and operated by LI YUN ALVARADO, an author and educator.
Our mailing address is 2436 E 4TH ST #1180, Long Beach, CA 90814
If you have questions or comments regarding our Terms of Use, contact us via email at liyun [at] liyunalvarado [dot] com
Our principal place of business is located at 2436 E 4TH ST #1180, LONG BEACH, CA 90814.
The following Terms of Use are entered into by and between You and LI YUN ALVARADO ("Company", "we", "our" or "us") regarding the use of our courses, programs, and associated materials (collectively the “Programs”).
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of LIYUNALVARADO.COM, including any content, functionality and Programs offered on or through LIYUNALVARADO.COM (the "Website"), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use, including the agreements incorporates by reference herein, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
I. CHANGES TO THE TERMS OF USE
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
II. NO UNLAWFUL OR PROHIBITED USE OF INTELLECTUAL PROPERTY
The information, including but not limited to text, designs, layout, graphics, photos, images, information materials, training materials and worksheets, documents, data, databases, videos, blog posts, trademarks, copyrights, logos, and all other information and intellectual property accessible on or through the us (collectively, "Content") is the intellectual property of Li Yun Alvarado, or the properly attributed party.
By purchasing, downloading, printing, or otherwise using our Content and Programs for personal use, you in no way assume any ownership rights of our intellectual property.
Our Content is copyrighted and original materials that have been provided to you are for your individual use only and a single-user license. You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website strictly in accordance with these Terms of Use.
You are not authorized to use any of our intellectual property for your business purposes. All intellectual property, including Company’s copyrighted programs and/or course materials, shall remain the sole property of Li Yun Alvarado. No license to sell or distribute Company’s materials is granted or implied. You agree (1) to not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) to not disclose such information to any other person or use it in any manner other than in discussion with the Company.
All content included as part of the Programs, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website.
The Company content is not for resale. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
III. USE OF PAID PROGRAMS AND ASSOCIATED MATERIAL
The Company from time-to-time provides various courses, programs, and associated material for sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Programs”) for your own personal or internal business use.
Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Programs in any manner.
By ordering or participating in Programs, you agree that the Programs you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By ordering or participating in Programs, you further agree that you shall not create any derivative work based upon the Programs and you shall not offer any competing products or services based upon any information contained in the Programs.
You may never imply or claim any of our intellectual property as your own or your unique creation, even with attribution. You must receive our written permission before using any of our Content for your own business or before sharing with others. Any request for written permission to use our Content or any other intellectual property belonging to us must be made before use by emailing us at liyun [at] liyunalvarado [dot] com
You understand that modifying, copying, reproducing, republishing, uploading, posting, translating, selling, marketing, or creating derivative works from our intellectual property in any manner or medium (including by email, website, link or any other electronic means) is illegal.
No license to sell or distribute Company’s materials is granted or implied. Further, by purchasing Company's Programs, you agree that if you violate, or display any likelihood of violating, any of the agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Use or modification of any of our Content and Programs is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.
All rights not expressly granted in these Terms and Conditions or any express written license are reserved by us.
IV. USE OF COMMUNICATION SERVICES
We claim no intellectual property rights over any content or communications you submit through our contact forms, blog, comments, newsletter sign up or other related pages or directly to our phones or mailing or email addresses. You retain copyright and any other rights you may rightfully hold in any content that you submit through our Site or in the course of our Programs, to the extent that you have any legal claims therein. Notwithstanding the foregoing, you grant us a worldwide, nonexclusive, irrevocable license to use, reasonably modify and display your communications for business development and marketing purposes. You agree to hold us harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
You shall not upload, post or otherwise make available on the Site or via email any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.
Any communications made through our contact forms, blog, blog comments, newsletter sign up or other related pages, or directly to our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties.
You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.
We may use any communications you submit on our website, mobile application, blog comments, emails or other media any communication on our website, server as allowed by United States law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business. You may, however, at any time ask us to delete any such communications.
For more information on your rights regarding your communications and on when and how we store and use your communications or any data provided by you in those communications, please refer to our Privacy Policy.
V. REFUND POLICY
Due to the nature of the Programs provided, refunds will not be given unless otherwise specified in writing.
VI. DISCLAIMERS
Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless our website and company for any direct or indirect loss or conduct incurred as a result of your use of our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s). We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, products, courses or the materials contained herein.
Earnings Disclaimer. There is no promise or representation that you will gain a certain amount of income or a certain level of career or professional success as a result of using our Site, Content or Programs. As with any endeavor, your results will vary and will be based on your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond our control, including variables we (or you) have not anticipated.
While we may reference certain results, outcomes or situations on this website, you understand and acknowledge that we make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website.
We cannot guarantee results; past results do not guarantee future results. There are no guarantees concerning the level of success you may experience. Each person’s results will vary. There are unknown risks in any venture, particularly with the Internet where advances and changes can happen quickly. The use of our information, products and Programs should be based on your own due diligence and you agree that we are not liable for your success or failure.
Affiliate Disclaimer. This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in this Terms of Use Agreement. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
We may include affiliate links on our Programs and Content. If you click an affiliate link and make a purchase, we will receive a commission in exchange that supports our ability to continue to the Site and Programs. You will not pay more when buying a product through an affiliate link, and we will always tell you when we include an affiliate link.
Medical Disclaimer. The Site, Content and Programs are not to be perceived as or relied upon in any way as medical advice or mental health advice and is not a substitute for professional medical advice, diagnosis or treatment. Do not disregard professional medical advice or delay seeking professional advice because of information you have obtained in the Site, Content or Programs. If you have medical or mental health questions, you should consult a medical or
mental health professional.
Legal and Financial Disclaimer. We are not a law firm. Using the Site, Content or Programs does not create an attorney-client relationship between you and Li Yun Alvarado. Neither receipt of information presented on LIYUNALVARADO.COM nor any email or other electronic communication sent to the Company or its professionals through LIYUNALVARADO.COM will create an attorney-client relationship. Li Yun Alvarado cannot guarantee the confidentiality of information provided by email through the website. No user of LIYUNALVARADO.COM should act, or refrain from acting, on the basis of information included on LIYUNALVARADO.COM without first consulting legal counsel in the relevant jurisdiction. If you have financial questions, you should consult a CPA and/or CFP.
VII. THIRD PARTY LINKS
Links posted on this website to other websites are provided only as a convenience to you. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Li Yun Alvarado. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Spamming, the unsolicited broadcasts of email addresses or links in this website, is prohibited and unauthorized.
VIII. ONLINE COMMERCE
We may allow you to make purchases from us or other merchants in certain sections of the Site. If you make a purchase from us on or through the Site or in person, all information obtained during your purchase and all of the information that you give us as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by us, the merchant and our payment processing company. Please review our Privacy Policy for how we comply with securing your personal data.
IX. LAWFUL PURPOSES
You may use the Site and Programs for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase Programs through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
X. INTERNATIONAL USERS
The Site and Programs are controlled, operated and administered by the Company from our offices within the USA. If you access the Site or Programs from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company's content accessed through the Site or Programs in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
XI. NO WARRANTY
The information presented on LIYUNALVARADO.COM is provided “as is” and “as available,” without representation or warranty of any kind. Li Yun Alvarado does not represent or warrant that such information is or will be always current, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed.
XII. LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Programs. Additionally, Li Yun Alvarado is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Li Yun Alvarado has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Li Yun Alvarado's cumulative liability to you exceed the total purchase price of the Program you have purchased from Li Yun Alvarado, and if no purchase has been made by you, Li Yun Alvarado's cumulative liability to you shall not exceed $100.
XIII. INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Programs. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
XIV. EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
XV. ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Li Yun Alvarado pertaining to the Site and Programs and supersedes all prior and contemporaneous agreements, representations, and understandings between us pertaining to the Site and Programs. No waiver of any of the provisions of this Agreement by Li Yun Alvarado shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by us.
XVI. NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Li Yun Alvarado
2436 E 4TH ST #1180
Long Beach, CA 90814
XVII. GOVERNING LAW; VENUE; MEDIATION
These terms and conditions require the use of mediation to resolve any disputes and limit the remedies available to you in the event of a dispute. You fully understand and agree that by using our Website and its Content that you are waiving certain legal rights and you are voluntarily agreeing to do so.
This Agreement shall be construed in accordance with, and governed by, the laws of California as applied to contracts that are executed and performed entirely in California. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Los Angeles County, California. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
XVIII. RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
XIX. SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
XX. ASSIGNMENT
These Terms bind and inure to the benefit of the parties’ successors and assigns. These Terms are not assignable, delegable, sublicenseable or otherwise transferable by you, accept upon approval by Li Yun Alvarado. Any transfer, assignment, delegation or sublicense by you is invalid.
XXI. CONSENT
By using our website, you hereby consent to our Terms and Conditions of Use.
If you have any questions about these terms of service or our included Privacy Policy, please feel free to contact us at liyun [at] liyunalvarado [dot] com
XXII. UPDATES
These Terms and Conditions of Use and Privacy Policy will be periodically reviewed and updated to reflect the current functions of the site. Registered users will be notified via e-mail of material changes before they take effect. If you do not agree to the changes, you may cancel your account. The revised terms will apply to you if you continue to use your account.
The last update was: October 16, 2018
XXIII. CONTACT INFORMATION
This website is owned and operated by LI YUN ALVARADO, an author and educator.
Our mailing address is 2436 E 4TH ST #1180, Long Beach, CA 90814
If you have questions or comments regarding our Terms of Use, contact us via email at liyun [at] liyunalvarado [dot] com
