Terms & Conditions
Last Updated: July 2016
Jarlin E. Sung (“Jarlin Sung,” “we,” “us,” or “our”) invite you to access and use our websites, including, without limitation, jarlinsung.com, addalittleselflove.com, and selflovecoaching.com (the “WEBSITES”).
The terms “user,” “visitor”, “you,” and “your” refer to visitors, customers, and any other users of the WEBSITES.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
1. Use of the WEBSITES
Our WEBSITES are provided solely for the use of current and future visitors and customers of Jarlin Sung, to provide you with information about the company, to permit you to place orders for our products and services, and to enable you to contact us with any questions or comments that you may have. Any other use of the WEBSITES is prohibited.
You may not use any features of our WEBSITES that permit communications or postings to post, transmit, display, or otherwise communicate any of the following:
(i) Any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
(ii) Any advertisement, solicitation, spam, chain letter, or other similar type of information;
(iii) Any encouragement of illegal activity;
(iv) Unauthorized use or disclosure of private, personally identifiable information of others; or
(v) Any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
2. Site Content and Ownership
The WEBSITES contain material, including without limitation, all images, designs, photographs, writings, graphs, data, courses, programs, and other material provided by or on behalf of Jarlin Sung (collectively referred to as the “CONTENT”). The CONTENT may be owned by us or third parties. The CONTENT is protected under both United States and foreign laws. Unauthorized use of the CONTENT may violate copyright, trademark, and other laws.
Visitors may view, print, and download portions of all publicly-available CONTENT for their own personal, non-commercial use. Visitors may display and/or share portions of all publicly-available CONTENT with correct attribution to Jarlin Sung and inclusion of the copyright notice: Copyright © 2016 Jarlin Sung, all rights reserved. Customers who have purchased any product or service, may view, print and download any CONTENT contained in such purchased product or service for their own personal, non-commercial use. Other than as expressly set forth in the immediately three prior sentences, you have no other rights in or to the CONTENT, and you will not use the CONTENT except as permitted under this AGREEMENT. No other use is permitted without the prior written consent of Jarlin Sung.
You shall comply with all copyright laws worldwide in your use of our WEBSITES and prevent unauthorized copying of the CONTENT. Except as provided in this AGREEMENT, we do not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
Jarlin Sung retains all right, title, and interest, including all intellectual property rights, in and to the CONTENT. You must retain all copyright and other proprietary notices contained in the original CONTENT, on all copies of the CONTENT. You may not sell, transfer, assign, license, sublicense, or modify the CONTENT or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the CONTENT in any way for any commercial purpose.
If you violate any part of this AGREEMENT, your permission to access and/or use the CONTENT and the WEBSITES automatically terminates and you must immediately destroy any copies you have made of the CONTENT.
The WEBSITES are only available for individuals aged 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this AGREEMENT with your parent or guardian to make sure that you and your parent or guardian understand it.
4. Fees and Payment
As consideration for any purchase you make on the WEBSITES, you shall pay Jarlin Sung all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. If the mailing address you provided us is in the United States, all payments will be charged and made in U.S. dollars. If the mailing address you provided us is outside the United States or any of its possessions or territories, all payments will be charged and made in your local currency.
You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) for any ongoing subscription-type payments. You hereby authorize Jarlin Sung to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
5. Communications with Us
Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
6. No Warranties, Limitations of Liability
THE WEBSITES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITES WILL OPERATE ERROR-FREE OR THAT THE WEBSITES, THEIR SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITES OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITES OR THE CONTENT SHALL BE LIMITED TO THE FEES YOU HAVE PAID US IN CONNECTION WITH ANY PURCHASES YOU HAVE MADE FROM US DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
THE WEBSITES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITES. THE WEBSITES MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE WEBSITES DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITES AT ANY TIME WITHOUT NOTICE.
7. External Sites
The WEBSITES may contain links to third-party websites (“EXTERNAL SITES”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such EXTERNAL SITES. The content of such EXTERNAL SITES is developed and provided by others. You should contact the site administrator or webmaster for those EXTERNAL SITES if you have any concerns regarding such links or any content located on such EXTERNAL SITES. We are not responsible for the content of any linked EXTERNAL SITES and do not make any representations regarding the content or accuracy of materials on such EXTERNAL SITES. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked EXTERNAL SITES, you do so at your own risk.
You agree to indemnify, defend, and hold us and our affiliates, agents, employees, and licensors from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising out of or related in any way to your use of the CONTENT or the WEBSITES, violation of this AGREEMENT, violation of any law or regulation, or violation of any proprietary or privacy right.
9. Compliance with Applicable Laws
The WEBSITES are based in the United States. We make no claims concerning whether the CONTENT may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the WEBSITES or the CONTENT from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
10. Termination of the AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this AGREEMENT and your access to all or any part of the WEBSITES, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the WEBSITES at any time without prior notice or liability. The following sections shall survive any termination of this AGREEMENT: “Fees and Payment” (until you pay all fees and taxes due hereunder), “Site Content and Ownership,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Indemnification,” “Termination of the AGREEMENT,” “Controlling Law,” “Binding Arbitration,” “Class Action Waiver,” “Equitable Relief,” “Modification to AGREEMENT,” “Electronic Communications and Electronic Signatures,” and “Miscellaneous.”
11. CONTROLLING LAW
This AGREEMENT and any action related thereto will be governed by the laws of the State of California, U.S.A., without regard to its conflict of laws provisions.
12. BINDING ARBITRATION
In the event of a dispute arising under or relating to this AGREEMENT, the CONTENT, or the WEBSITES (each, a “DISPUTE”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules www.adr.org and Procedures and in accordance with the Expedited Procedures in those rules,or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the DISPUTE immediately after commencement of the arbitration. As set forth in Section 18 below, nothing in this AGREEMENT will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
13. Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the DISPUTE between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any DISPUTE to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any DISPUTE to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
14. Equitable Relief
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this AGREEMENT. We may, without waiving any other remedies under this AGREEMENT, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the state or federal courts located within Santa Clara County, California, U.S.A. for purposes of any such action by us.
15. Modification to AGREEMENT
We may revise this AGREEMENT at any time and you agree to be bound by the revised AGREEMENT. Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to this AGREEMENT from time to time to review the most current terms and conditions. We do not and will not assume any obligation to notify you of changes to this AGREEMENT.
16. Electronic Communications and Electronic Signatures
You agree to be bound by any affirmation, assent, or agreement you transmit through the WEBSITES, including but not limited to any consent you give to receive communications from us solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Our failure to act on or enforce any provision of the AGREEMENT shall not be construed as a waiver of that provision or any other provision in this AGREEMENT. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this AGREEMENT constitutes the entire AGREEMENT between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import.
A printed version of this AGREEMENT and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this AGREEMENT to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If for any reason a court of competent jurisdiction finds any provision of this AGREEMENT or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this AGREEMENT, and the remainder of this AGREEMENT shall continue in full force and effect.