A. INTRODUCTION
Welcome to www.GaryVanNguyen.com (hereinafter “Website“). The Website and any content therein (defined below) is owned and operated by KG Coaching Enterprises, LLC (hereinafter “us”, “our”, or “we“).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE.
By visiting and using the Website, you signify your agreement to these Terms of Use and consent to be bound by them. If you do not agree to these Terms of Use, you may not use the Website. In addition, when you use any of our current or future services, you will also be subject to our guidelines, terms, conditions and agreements applicable to those services. If these Terms of Use are inconsistent with the guidelines, terms and agreements applicable to those services, these Terms of Use will control.
B. PRIVACY AND YOUR ACCOUNT
Please review our Privacy Policy, which also governs your visit to the Website, to understand our privacy practices. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
C. USE OF WEBSITE
1) To use our Website, you must be 18 years of age or older. By using this Website, you represent that you are at least 18 years old, and that you agree to be bound by these terms and conditions. Any use of this website by anyone under 18 constitutes an unauthorized use and a violation of these terms and conditions; we do not authorize use of this Website by anyone under 18.
2) Please note these Terms of Use may be subject to changes or updates at any time, and Website may not provide notice of such changes or updates. We reserve our right to make any changes or updates at any time, and the onus is on the user to routinely check these Terms of Use for updates. By continuing to use our Website and the content therein, you signify you agree to be bound by the Terms of Use as they appear, whether or not you have read them. If you do not agree with these Terms of Use, please do not use our Website or any of the Content that appears on the website.
3) If you purchase or have purchased a service or product(s) from us, you have also entered into a separate agreement with us, in addition to these Terms of Use, and are subject to the terms outlined in the Terms of Use, which shall prevail in the event of a conflict or issue. Please note all online purchases carry additional Terms of Use relating to each purchase, and your purchase of the product constituting acceptance and agreement to adhere to these additional Terms of Use.
D. RESTRICTIONS ON USE AND INTELLECTUAL PROPERTY RIGHTS
1) This website contains original work that has been created with care and planning and is considered our exclusive intellectual property created and owned by KG Coaching Enterprises, LLC, which is protected by United States Federal Intellectual Property Laws and international copyright laws, treaties and conventions, which prevents unauthorized use of our materials. These materials include, but are not limited to: trademarked and copyrighted material, as well as any and all original works on our Website and within the content provided, including but not limited to words, content, posts, course and seminar names, website design, layout, still images, graphics, information, materials, documents, flyers, our logo, artwork, color scheme, branding and/or placement of same on Website, to the extent protectable, rights of publicity, and any and all other information accessible through this Website, which constitutes proprietary information. All proprietary information and content hereinafter identified as (“Content”).
2) Any of our trademarks, graphics, logos, page headers, and icons (each, a “Mark“) contained on the Website are proprietary to us. Our Marks may not be used in connection with any product or service that is not ours in any way that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
E) LIMITED LICENSE
1) We grant you a limited license to access only for personal use of the Website. This license grants you a limited, revocable, non-transferrable license for your personal, non-commercial use only.
2) No Content or Marks of the Website may be copied, downloaded (other than page caching and viewing), uploaded, posted, reproduced, republished, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, with the exception that you may download a single copy of the Content that we make available to you for such purposes on a single computer for your personal and noncommercial use only, provided that you: (1) retain all copyright, trademark and other proprietary rights notices unedited; (2) do not modify any of the Content; (3) do not use any Content in a way that suggests an association with any of our products, services, or brands; and (d) do not download Content for archival purposes. Your use of Content on any other website or computer environment is strictly prohibited.
The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Website or any Content; collect and use any product descriptions, listing, or prices; make any derivative use of the Website or Content; download or copy account information or content for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools and software. You may not frame, utilize framing techniques to enclose, or other internet technologies, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our express written consent.
Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.
If any violations of the Limited License are discovered or suspected, we reserve the right to revoke your access to our Website and Content without warning, including any program or materials you may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
As a licensee, you understand and agree that you will not do the following or we reserve the right to prosecute each infringement to the full extent of the law:
a) Reproduce, edit, distribute, copy or steal any Content on our Website, whether or not you have purchased the information, without our express, written permission provided by KG Coaching Enterprises, LLC
b) Represent any of our Content, Website, Marks, or products out to be your own.
c) Share purchased materials with others who have not purchased them.
d) Use any portion of our Website, including all Content and purchased materials, in any commercial manner such that you make, may make, or intend to make a profit from it. You further acknowledge and understand that any such actions including but not limited to those outlined above constitutes infringement and/or theft of our work, and a violation of these Terms and Conditions and United States Federal laws, and we reserve the right to prosecute this infringement to the full extent of the law.
• All requests for written permission to use any Content posted on our Website shall be made before you use any such content, and will be made by sending an email with your written request to info@garyvannguyen.com, and require a response before using any such content.
F) LICENSEE / LICENSOR RIGHTS: YOUR LICENSE TO US: Your License to Us
A) You may be able to post your original content to our Website, including but not limited to, reviews, emails, comments, photographs, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any such content, but we do not regularly review posted content nor responsible for the contents of posted content. As a user of this Website, do not send us any material that you do not intend to be subject to the User-Created Content License described in this paragraph.
All content described in the immediately preceding paragraph and any and all other information, content or materials that you post or send to us hereinafter collectively is referred to as “User-Created Content.” If you post or send any User-Created Content to us, intentionally or unintentionally, we (and such others as we may designate from time to time) shall have the unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission or consideration from, or any payment to, you or anyone else.
We and those we designate also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Created Content. By emailing, posting, or submitting any User-Created Content, you hereby unconditionally grant to us a perpetual, non-exclusive, irrevocable, unlimited, unrestricted, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Created Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution by name, screen name, or any other reasonable manner of identification (the “User-Created Content License“). You agree to the User-Created Content License whether or not your User-Created Content is used by us.
You represent, warrant and agree that: you own or otherwise control all of the rights to all User-Created Content that you post or send to us; that all such User-Created Content is accurate; use of such User-Created Content does not violate these Terms of Use, our Privacy Policy or the rights of any third party and will not cause injury to anyone; and you will indemnify us and our affiliates and designees from and against all claims arising out of, resulting from or relating to any such User-Created Content. We have the right (but no obligation) to monitor, edit or remove any activity or content involving you. We have no responsibility, and assume no liability, for any User-Created Content posted or sent by you or by anyone else.
You agree that User-Created Content will not be subject to any expectation of trust or confidence between us and that no confidential or fiduciary relationship is intended or created between you and us. To the extent that any so-called “moral rights,” “neighboring rights” or similar or analogous rights apply to any User-Created Content and which are not exclusively owned by us, you agree not to enforce or assign, or permit any third party to enforce or assign, any such rights.
G) TESTIMONIALS
You should know that our Website and Content may feature testimonials from clients and customers in order to provide additional comments from others’ experiences with our website, services, and products. While all information, photos, and quotes used are from actual clients, sharing their real, honest opinions of our website, services and products, these testimonials and comments are not to be considered as a guarantee that current or future clients will experience the same results, or a guarantee that all clients will have the same experience. You understand and agree that by reading a testimonial on our Website, you do not expect the same results and understand there is no guarantee on results as each result is individual.
H) CONTENT LINKED TO THE WEBSITE
You should be aware that when you visit the Website, you could be directed to other sites beyond our control including links to or from affiliates and content partners that may use our Marks as part of an affiliate relationship. When you click on a link that directs you away from the Website, the site to which you are directed may not be controlled by us and different terms of use and privacy policies may apply which you should carefully read and evaluate. You acknowledge that we are not responsible for examining or evaluating, and that we do not warrant the offerings of, any such third party or the content of their sites. We do not assume any responsibility or liability for the actions, products, or content of any third party or any third party site. We reserve the right to disable links from or to third-party sites, although we are under no obligation to do so.
I) USE OF FREE MATERIALS OR CONTENT
This website may offer free Content by free download, email, gift, opt-in offer, or viewing, in exchange for your name and email address. If you choose to access this Content, you understand this is to be used for your personal, non-commercial use only, and is not to be copied, edited, distributed, or otherwise shared in any way other than in its original form. Should you choose to share the material, you agree and understand that you will provide KG Coaching Enterprises, LLC credit, and will not hold the material to be your own, or otherwise attempt to make any sort of gain (financial or otherwise)from our materials.
J) DISCLAIMER OF WARRANTIES
The content on the site is provided “as is” and without warranty of any kind, expressed or implied. To the fullest extent permitted by applicable law, we disclaim any and all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the functions contained in any content (including, without limitation, user-generated content) will be uninterrupted or error-free, that defects will be corrected, or that the site or the servers that make such content available are free of viruses or other harmful components and you assume the entire cost of all necessary servicing, repair or correction of any of your equipment or software. We make no representations or warranties regarding use, or the results of use, of any content, product or service contained on or offered, made available through, or otherwise related in any way to the site including, without limitation, any third party site or service linked to from the site (and specifically no representation or warranty of correctness, accuracy, completeness, reliability or safety).
We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from the site. We cannot ensure that you will be satisfied with any product or service that you purchase from a third party site that links to or from the site or third party information, content or materials contained on our site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third party site. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably and unconditionally waive any and all claims against us with respect to information, content and materials contained on the site (including, without limitation, user-generated content), on third party sites, and any information, content and materials you provide to or through any such third party sites (including, without limitation, credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party.
The site and products/services contained thereon are not substitutes for the advice and treatment of a licensed health care professional. Not all products and services are suited for everyone. The creators of any products/services do not assume, and shall not have, any liability to users for injury or loss in connection therewith. We make no representations or warranties and expressly disclaim any and all liability concerning any treatment or any action following the information offered or provided within or through the site. If you have specific concerns or a situation in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist, such as a licensed psychologist, physician, or other health professional. Never disregard the medical advice of a psychologist, physician, or other health professional, or delay in seeking such advice, because of the information offered or provided within or through the site.
Because any weight loss or health modification plan can result in serious injury, we urge you to obtain a physical examination from a doctor before using any weight loss products or services. You agree that by using any products or services, you do so entirely at your own risk. Any recommendation for changes in diet or behavior, including the use of food supplements, weight reduction and/or body building enhancement products are entirely your responsibility and you should consult a physician prior to undergoing any dietary or food supplement changes. You agree that you are voluntarily purchasing products or services, participating in recommended activities, and using this site and assume all risks of injury, illness, or death.
You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability. You expressly agree to release and discharge all indemnified parties (as defined below) from any and all claims or causes of action and you agree to voluntarily give up and irrevocably waive and release any right that you may otherwise have to bring a legal action against any indemnified party for personal injury or property damage. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
K) INDEMNIFICATION
You hereby agree to indemnify, defend, and hold us, and our licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties“), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of these Terms of Use. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.
L) LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE WEBSITE OR $100.00.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR: (A) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE; OR (B) ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE WEBSITE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. APPLICABLE LAW MAY NOT ALLOW CERTAIN OF THE EXCLUSIONS, LIMITATIONS, OR DISCLAIMERS OF LIABILITY SET FORTH IN THESE TERMS OF USE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.
M) COPYRIGHT COMPLAINTS
We respect the intellectual property rights of others. If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement below.
N) AMENDMENT
We reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any change to these Terms of Use will constitute your assent to and acceptance of the revised Terms of Use.
O) TERMINATION
These Terms of Use are effective until terminated by either you or us. You may terminate these Terms of Use prospectively at any time by discontinuing your access to and use of the Website and destroying all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. If you terminate these Terms of Use, you shall notify us by sending notice of such termination by certified United States mail, postage pre-paid to:
KG COACHING ENTERPRISES, LLC
ATTN: Copyright Infringement Claim
280 E. 1st Ave. Unit #161
Broomfield, CO 80038
We may terminate these Terms of Use (including your access to and use of the Website) without cause and without notice to you, in our sole discretion. Upon termination, you must cease any access to or use of the Website and destroy all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright. The provisions of these Terms of Use, which by their nature should survive the termination of these Terms of Use, shall survive such termination.
P) APPLICABLE LAW AND DISPUTES
These Terms of Use, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms of Use, will be governed by the laws of the United States of America and the State of Colorado, without regard to principles of conflicts of law and as if these Terms of Use were a contract wholly entered into and wholly performed within the State of Colorado. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Any dispute relating in any way to your visit to the Website or to products you purchase through the Website shall be submitted to confidential binding arbitration in Broomfield County, Colorado, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Broomfield County, Colorado, United States of America, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under these Terms of Use shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.
Q) ELECTRONIC COMMUNICATIONS
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
R) MISCELLANEOUS LEGAL PROVISIONS
We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or features of the Website at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Website.
Nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Our failure to enforce any provision of these Terms of Use or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms of Use as to that breach or any other. If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
These Terms of Use constitute the entire agreement between you and us regarding the Website and supersedes any prior or contemporaneous agreement regarding that subject matter.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
• A description of the copyrighted work that you claim has been infringed
• A description of where the material that you claim is infringing is specifically located on the Website
• Your address, telephone number, and e-mail address
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• A statement by you, under penalty of perjury, that the foregoing information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
Please send the written information to
KG COACHING ENTERPRISES, LLC
ATTN: Copyright Infringement Claim
280 E. 1st Ave. Unit #161
Broomfield, CO 80038
Created May 2018
Welcome to www.GaryVanNguyen.com (hereinafter “Website“). The Website and any content therein (defined below) is owned and operated by KG Coaching Enterprises, LLC (hereinafter “us”, “our”, or “we“).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE.
By visiting and using the Website, you signify your agreement to these Terms of Use and consent to be bound by them. If you do not agree to these Terms of Use, you may not use the Website. In addition, when you use any of our current or future services, you will also be subject to our guidelines, terms, conditions and agreements applicable to those services. If these Terms of Use are inconsistent with the guidelines, terms and agreements applicable to those services, these Terms of Use will control.
B. PRIVACY AND YOUR ACCOUNT
Please review our Privacy Policy, which also governs your visit to the Website, to understand our privacy practices. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
C. USE OF WEBSITE
1) To use our Website, you must be 18 years of age or older. By using this Website, you represent that you are at least 18 years old, and that you agree to be bound by these terms and conditions. Any use of this website by anyone under 18 constitutes an unauthorized use and a violation of these terms and conditions; we do not authorize use of this Website by anyone under 18.
2) Please note these Terms of Use may be subject to changes or updates at any time, and Website may not provide notice of such changes or updates. We reserve our right to make any changes or updates at any time, and the onus is on the user to routinely check these Terms of Use for updates. By continuing to use our Website and the content therein, you signify you agree to be bound by the Terms of Use as they appear, whether or not you have read them. If you do not agree with these Terms of Use, please do not use our Website or any of the Content that appears on the website.
3) If you purchase or have purchased a service or product(s) from us, you have also entered into a separate agreement with us, in addition to these Terms of Use, and are subject to the terms outlined in the Terms of Use, which shall prevail in the event of a conflict or issue. Please note all online purchases carry additional Terms of Use relating to each purchase, and your purchase of the product constituting acceptance and agreement to adhere to these additional Terms of Use.
D. RESTRICTIONS ON USE AND INTELLECTUAL PROPERTY RIGHTS
1) This website contains original work that has been created with care and planning and is considered our exclusive intellectual property created and owned by KG Coaching Enterprises, LLC, which is protected by United States Federal Intellectual Property Laws and international copyright laws, treaties and conventions, which prevents unauthorized use of our materials. These materials include, but are not limited to: trademarked and copyrighted material, as well as any and all original works on our Website and within the content provided, including but not limited to words, content, posts, course and seminar names, website design, layout, still images, graphics, information, materials, documents, flyers, our logo, artwork, color scheme, branding and/or placement of same on Website, to the extent protectable, rights of publicity, and any and all other information accessible through this Website, which constitutes proprietary information. All proprietary information and content hereinafter identified as (“Content”).
2) Any of our trademarks, graphics, logos, page headers, and icons (each, a “Mark“) contained on the Website are proprietary to us. Our Marks may not be used in connection with any product or service that is not ours in any way that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
E) LIMITED LICENSE
1) We grant you a limited license to access only for personal use of the Website. This license grants you a limited, revocable, non-transferrable license for your personal, non-commercial use only.
2) No Content or Marks of the Website may be copied, downloaded (other than page caching and viewing), uploaded, posted, reproduced, republished, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, with the exception that you may download a single copy of the Content that we make available to you for such purposes on a single computer for your personal and noncommercial use only, provided that you: (1) retain all copyright, trademark and other proprietary rights notices unedited; (2) do not modify any of the Content; (3) do not use any Content in a way that suggests an association with any of our products, services, or brands; and (d) do not download Content for archival purposes. Your use of Content on any other website or computer environment is strictly prohibited.
The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Website or any Content; collect and use any product descriptions, listing, or prices; make any derivative use of the Website or Content; download or copy account information or content for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools and software. You may not frame, utilize framing techniques to enclose, or other internet technologies, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our express written consent.
Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.
If any violations of the Limited License are discovered or suspected, we reserve the right to revoke your access to our Website and Content without warning, including any program or materials you may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
As a licensee, you understand and agree that you will not do the following or we reserve the right to prosecute each infringement to the full extent of the law:
a) Reproduce, edit, distribute, copy or steal any Content on our Website, whether or not you have purchased the information, without our express, written permission provided by KG Coaching Enterprises, LLC
b) Represent any of our Content, Website, Marks, or products out to be your own.
c) Share purchased materials with others who have not purchased them.
d) Use any portion of our Website, including all Content and purchased materials, in any commercial manner such that you make, may make, or intend to make a profit from it. You further acknowledge and understand that any such actions including but not limited to those outlined above constitutes infringement and/or theft of our work, and a violation of these Terms and Conditions and United States Federal laws, and we reserve the right to prosecute this infringement to the full extent of the law.
• All requests for written permission to use any Content posted on our Website shall be made before you use any such content, and will be made by sending an email with your written request to info@garyvannguyen.com, and require a response before using any such content.
F) LICENSEE / LICENSOR RIGHTS: YOUR LICENSE TO US: Your License to Us
A) You may be able to post your original content to our Website, including but not limited to, reviews, emails, comments, photographs, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any such content, but we do not regularly review posted content nor responsible for the contents of posted content. As a user of this Website, do not send us any material that you do not intend to be subject to the User-Created Content License described in this paragraph.
All content described in the immediately preceding paragraph and any and all other information, content or materials that you post or send to us hereinafter collectively is referred to as “User-Created Content.” If you post or send any User-Created Content to us, intentionally or unintentionally, we (and such others as we may designate from time to time) shall have the unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission or consideration from, or any payment to, you or anyone else.
We and those we designate also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Created Content. By emailing, posting, or submitting any User-Created Content, you hereby unconditionally grant to us a perpetual, non-exclusive, irrevocable, unlimited, unrestricted, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Created Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution by name, screen name, or any other reasonable manner of identification (the “User-Created Content License“). You agree to the User-Created Content License whether or not your User-Created Content is used by us.
You represent, warrant and agree that: you own or otherwise control all of the rights to all User-Created Content that you post or send to us; that all such User-Created Content is accurate; use of such User-Created Content does not violate these Terms of Use, our Privacy Policy or the rights of any third party and will not cause injury to anyone; and you will indemnify us and our affiliates and designees from and against all claims arising out of, resulting from or relating to any such User-Created Content. We have the right (but no obligation) to monitor, edit or remove any activity or content involving you. We have no responsibility, and assume no liability, for any User-Created Content posted or sent by you or by anyone else.
You agree that User-Created Content will not be subject to any expectation of trust or confidence between us and that no confidential or fiduciary relationship is intended or created between you and us. To the extent that any so-called “moral rights,” “neighboring rights” or similar or analogous rights apply to any User-Created Content and which are not exclusively owned by us, you agree not to enforce or assign, or permit any third party to enforce or assign, any such rights.
G) TESTIMONIALS
You should know that our Website and Content may feature testimonials from clients and customers in order to provide additional comments from others’ experiences with our website, services, and products. While all information, photos, and quotes used are from actual clients, sharing their real, honest opinions of our website, services and products, these testimonials and comments are not to be considered as a guarantee that current or future clients will experience the same results, or a guarantee that all clients will have the same experience. You understand and agree that by reading a testimonial on our Website, you do not expect the same results and understand there is no guarantee on results as each result is individual.
H) CONTENT LINKED TO THE WEBSITE
You should be aware that when you visit the Website, you could be directed to other sites beyond our control including links to or from affiliates and content partners that may use our Marks as part of an affiliate relationship. When you click on a link that directs you away from the Website, the site to which you are directed may not be controlled by us and different terms of use and privacy policies may apply which you should carefully read and evaluate. You acknowledge that we are not responsible for examining or evaluating, and that we do not warrant the offerings of, any such third party or the content of their sites. We do not assume any responsibility or liability for the actions, products, or content of any third party or any third party site. We reserve the right to disable links from or to third-party sites, although we are under no obligation to do so.
I) USE OF FREE MATERIALS OR CONTENT
This website may offer free Content by free download, email, gift, opt-in offer, or viewing, in exchange for your name and email address. If you choose to access this Content, you understand this is to be used for your personal, non-commercial use only, and is not to be copied, edited, distributed, or otherwise shared in any way other than in its original form. Should you choose to share the material, you agree and understand that you will provide KG Coaching Enterprises, LLC credit, and will not hold the material to be your own, or otherwise attempt to make any sort of gain (financial or otherwise)from our materials.
J) DISCLAIMER OF WARRANTIES
The content on the site is provided “as is” and without warranty of any kind, expressed or implied. To the fullest extent permitted by applicable law, we disclaim any and all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the functions contained in any content (including, without limitation, user-generated content) will be uninterrupted or error-free, that defects will be corrected, or that the site or the servers that make such content available are free of viruses or other harmful components and you assume the entire cost of all necessary servicing, repair or correction of any of your equipment or software. We make no representations or warranties regarding use, or the results of use, of any content, product or service contained on or offered, made available through, or otherwise related in any way to the site including, without limitation, any third party site or service linked to from the site (and specifically no representation or warranty of correctness, accuracy, completeness, reliability or safety).
We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from the site. We cannot ensure that you will be satisfied with any product or service that you purchase from a third party site that links to or from the site or third party information, content or materials contained on our site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third party site. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably and unconditionally waive any and all claims against us with respect to information, content and materials contained on the site (including, without limitation, user-generated content), on third party sites, and any information, content and materials you provide to or through any such third party sites (including, without limitation, credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party.
The site and products/services contained thereon are not substitutes for the advice and treatment of a licensed health care professional. Not all products and services are suited for everyone. The creators of any products/services do not assume, and shall not have, any liability to users for injury or loss in connection therewith. We make no representations or warranties and expressly disclaim any and all liability concerning any treatment or any action following the information offered or provided within or through the site. If you have specific concerns or a situation in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist, such as a licensed psychologist, physician, or other health professional. Never disregard the medical advice of a psychologist, physician, or other health professional, or delay in seeking such advice, because of the information offered or provided within or through the site.
Because any weight loss or health modification plan can result in serious injury, we urge you to obtain a physical examination from a doctor before using any weight loss products or services. You agree that by using any products or services, you do so entirely at your own risk. Any recommendation for changes in diet or behavior, including the use of food supplements, weight reduction and/or body building enhancement products are entirely your responsibility and you should consult a physician prior to undergoing any dietary or food supplement changes. You agree that you are voluntarily purchasing products or services, participating in recommended activities, and using this site and assume all risks of injury, illness, or death.
You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability. You expressly agree to release and discharge all indemnified parties (as defined below) from any and all claims or causes of action and you agree to voluntarily give up and irrevocably waive and release any right that you may otherwise have to bring a legal action against any indemnified party for personal injury or property damage. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
K) INDEMNIFICATION
You hereby agree to indemnify, defend, and hold us, and our licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties“), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of these Terms of Use. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.
L) LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE WEBSITE OR $100.00.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR: (A) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE; OR (B) ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE WEBSITE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. APPLICABLE LAW MAY NOT ALLOW CERTAIN OF THE EXCLUSIONS, LIMITATIONS, OR DISCLAIMERS OF LIABILITY SET FORTH IN THESE TERMS OF USE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.
M) COPYRIGHT COMPLAINTS
We respect the intellectual property rights of others. If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement below.
N) AMENDMENT
We reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any change to these Terms of Use will constitute your assent to and acceptance of the revised Terms of Use.
O) TERMINATION
These Terms of Use are effective until terminated by either you or us. You may terminate these Terms of Use prospectively at any time by discontinuing your access to and use of the Website and destroying all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. If you terminate these Terms of Use, you shall notify us by sending notice of such termination by certified United States mail, postage pre-paid to:
KG COACHING ENTERPRISES, LLC
ATTN: Copyright Infringement Claim
280 E. 1st Ave. Unit #161
Broomfield, CO 80038
We may terminate these Terms of Use (including your access to and use of the Website) without cause and without notice to you, in our sole discretion. Upon termination, you must cease any access to or use of the Website and destroy all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright. The provisions of these Terms of Use, which by their nature should survive the termination of these Terms of Use, shall survive such termination.
P) APPLICABLE LAW AND DISPUTES
These Terms of Use, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms of Use, will be governed by the laws of the United States of America and the State of Colorado, without regard to principles of conflicts of law and as if these Terms of Use were a contract wholly entered into and wholly performed within the State of Colorado. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Any dispute relating in any way to your visit to the Website or to products you purchase through the Website shall be submitted to confidential binding arbitration in Broomfield County, Colorado, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Broomfield County, Colorado, United States of America, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under these Terms of Use shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.
Q) ELECTRONIC COMMUNICATIONS
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
R) MISCELLANEOUS LEGAL PROVISIONS
We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or features of the Website at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Website.
Nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Our failure to enforce any provision of these Terms of Use or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms of Use as to that breach or any other. If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
These Terms of Use constitute the entire agreement between you and us regarding the Website and supersedes any prior or contemporaneous agreement regarding that subject matter.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
• A description of the copyrighted work that you claim has been infringed
• A description of where the material that you claim is infringing is specifically located on the Website
• Your address, telephone number, and e-mail address
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• A statement by you, under penalty of perjury, that the foregoing information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
Please send the written information to
KG COACHING ENTERPRISES, LLC
ATTN: Copyright Infringement Claim
280 E. 1st Ave. Unit #161
Broomfield, CO 80038
Created May 2018