TERMS AND CONDITIONS OF USE
Thank you for visiting our website. If you
want to use this website, you must agree to conform to and be
legally bound by the terms and conditions described below.
IF YOU DISAGREE WITH ANY OF THESE TERMS OR
CONDITIONS, DO NOT USE OUR WEBSITE.
1. MINORS.
We do not provide services or sell products to children. If you
are below the age of 18, you may use our website only with the
permission and active involvement of a parent or legal guardian.
If you are a minor, please do not provide us or other website
visitors with any personal information.
2. PRIVACY POLICY IS PART OF THESE TERMS
AND CONDITIONS.
Our privacy policy is part of, and subject to, these terms and
conditions of use. You may view our privacy policy on this
website.
3. ANTI-SPAM POLICY IS PART OF THESE TERMS
AND CONDITIONS.
Our anti-Spam policy is part of, and subject to, these terms and
conditions of use. You may view our anti-Spam policy on this
website.
4. MODIFICATIONS AND TERMINATIONS.
These terms and conditions may change from time to time. If such
changes are made, they will be effective immediately, and we will
notify you by a notice posted on our website's home page of the
changes that have been made. If you disagree with the changes that
have been made, you should not use our website.
We may terminate these terms and
conditions of use for any reason and at any time without notice to
you.
If you are concerned about these terms and
conditions of use, you should read them each time before you use
our website. Any questions or concerns should be brought to our
attention by sending an e-mail to Donald@DonaldWong.com, and
providing us with information relating to your concern.
5. LICENSEE STATUS.
You understand and agree that your use of our website is limited
and non-exclusive as a revocable licensee. We may terminate your
license to use our website, and access to our website, for any
reason, and without giving you notice.
6. CONTENT OWNERSHIP.
All content on our website is owned by us or our content
suppliers. On behalf of ourselves and our content suppliers, we
claim all property rights, including intellectual property rights,
for this content and you are not allowed to infringe upon those
rights. We will prosecute to the fullest extent of the law anyone
who attempts to steal our property.
You agree not to copy content from our
website without our permission. Any requests to use our content
should be submitted to us by e-mail to
Donald@DonaldWong.com.
If you believe that your intellectual
property rights have been infringed upon by our website content,
please notify us by sending an e-mail to Donald@DonaldWong.com,or
by sending mail to us at the address listed below. Please describe
in detail the alleged infringement, including the factual and
legal basis for your claim of ownership.
7. DISCLAIMERS AND LIMITATIONS OF LIABILITY.
The information on our website is provided on an ''as is,'' ''as
available'' basis. You agree that your use of our website is at
your sole risk. We disclaim all warranties of any kind, including
but not limited to, any express warranties, statutory warranties,
and any implied warranties of merchantability, fitness for a
particular purpose, and non-infringement. We do not warrant that
our website will always be available, access will be
uninterrupted, be error-free, meet your requirements, or that any
defects in our website will be corrected.
Information on our website should not
necessarily be relied upon and should not to be construed to be
professional advice from us. We do not guarantee the accuracy or
completeness of any of the information provided, and are not
responsible for any loss resulting from your reliance on such
information.
If your jurisdiction does not allow limitations on warranties,
this limitation may not apply to you. Your sole and exclusive
remedy relating to your use of the site shall be to discontinue
using the site.
Under no circumstances will we be liable
or responsible for any direct, indirect, incidental, consequential
(including damages from loss of business, lost profits,
litigation, or the like), special, exemplary, punitive, or other
damages, under any legal theory, arising out of or in any way
relating to our website, your website use, or the content, even if
advised of the possibility of such damages.
Our total liability for any claim arising
out of or relating to our website shall not exceed one hundred
($100) dollars and that amount shall be in lieu of all other
remedies which you may have against us or our affiliates. Any such
claim shall be subject to confidential binding arbitration as
described later in these terms and conditions of use.
8. OBSCENE AND OFFENSIVE CONTENT.
We are not responsible for any obscene or offensive content that
you receive or view from others while using our website. However,
if you do receive or view such content, please contact us by
e-mail to Donald@DonaldWong.com so that we can investigate the
matter. Although we are not obligated to do so, we reserve the
right to monitor, investigate, and remove obscene or offensive
material posted to our website.
9. INDEMNIFICATION.
You understand and agree that you will indemnify, defend and hold
us and our affiliates harmless from any liability, loss, claim and
expense, including reasonable attorney's fees, arising from your
use of our website or your violation of these terms and
conditions.
10. COMPLIANCE WITH GOVERNING LAW AND
DISPUTE RESOLUTION.
You agree to obey all applicable laws while using our website.
You agree that the laws of CA govern these
terms and conditions of use without regard to conflicts of laws
provisions.
You also agree that any dispute between
you and us, excluding any intellectual property right infringement
claims we pursue against you, shall be settled solely by
confidential binding arbitration per the American Arbitration
Association commercial arbitration rules. All claims must
arbitrated on an individual basis, and cannot be consolidated in
any arbitration with any claim or controversy of anyone else. All
arbitration must occur in Orange County, CA, USA. Each party shall
bear one half of the arbitration fees and costs incurred, and each
party is responsible for its own lawyer fees.
11. SEVERABILITY OF THESE TERMS AND
CONDITIONS.
If any part of these terms and conditions of use are determined by
a court of competent jurisdiction to be invalid or unenforceable,
that part shall be limited or eliminated to the minimum extent
necessary so that the remainder of these terms and conditions are
fully enforceable and legally binding.
12. HOW TO CONTACT US.
Any questions or concerns about these terms and conditions of use
should be brought to our attention by e-mail to
Donald@DonaldWong.com, and providing us with information relating
to your concern.
You may also mail your concerns to us at
the following address:
Donald Wong, LLC
11956 Bernardo Plaza Drive
San Diego, CA 92128
USA
13. ENTIRE AGREEMENT.
These terms and conditions, including the policies incorporated
herein by express reference, constitutes your entire agreement
with us with respect to your use of our website.
Anti-Spam Policy
We hate unsolicited commercial e-mail as
much as you do. Also known as Spam or junk e-mail, it is a
disservice to the Internet community.
We fully endorse and comply with the requirements of the CAN-SPAM
Act of 2003 (Controlling the Assault of Non-Solicited Pornography
and Marketing Act), and all other applicable unsolicited
commercial e-mail laws.
If you subscribe to electronic newsletters or other communications
from our website, you will always have an option to unsubscribe
immediately.
If you have additional questions, comments or concerns, please
contact us by sending an e-mail to Donald@DonaldWong.com and
providing us with information relating to your concern.
You may also mail your concerns to us at the following address:
Donald Wong, LLC
11956 Bernardo Plaza Drive
San Diego, CA 92128
USA
External Links
Policy
Our website contains hypertext links to
websites and other information created and maintained by other
individuals and organizations. These links are only provided for
your convenience. We do not control or guarantee the accuracy,
completeness, relevance, or timeliness of any information or
privacy policies posted on these linked websites. You should know
that these websites may track visitor viewing habits.
In addition, hyperlinks to particular items do not reflect their
importance, and are not an endorsement of the individuals or
organizations sponsoring the websites, the views expressed on the
websites, or the products or services offered on the websites.
We permit links to our website if they do not imply an endorsement
by, or affiliation with, our website.
We review our website periodically for broken or out-of-date
links. Any and all links may be posted, altered, or removed at any
time. To report problems with links on our website, or for more
information about this policy, please send an e-mail to
Donald@DonaldWong.com.
These terms and conditions were last
updated on 1-12-2017.
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