Terms of Use
Last Modified: January 14, 2019
ACCEPTANCE
These terms of use (“Terms”) are entered into by and between you and Wendy Kim, owner and operator of Your Dream Realized (www.yourdreamrealized.com) (“we” or “us”) and apply to your use of this website and all related services provided by us (collectively, the “Site”). By using this Site, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and the Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to this Agreement, you must not access or use the Site.
This Site is offered and available to users who are 13 years of age or older and have legal capacity to enter into the Agreement. By using this Site, you represent and warrant that you are of legal age and have legal capacity to form a binding contract with us. If you do not meet all of these requirements, you must not access or use this Site.
UPDATES
We may revise and update these Terms from time to time in our sole discretion. All changes are effectively immediately when we post them. Please check this page regularly so you are aware of any changes, as they are binding on you.
ACCESS AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of or the entire Site to users.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
[OPTIONAL IF YOU ANTICIPATE HAVING REGISTERED USERS] If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.
INTELLECTUAL PROPERTY
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except as follows:
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Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
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You may store files that are automatically cached by your Web browser for display enhancement purposes.
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You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
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If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use.
You must not modify copies of any materials from this Site or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
PROHIBITED USES
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
USER CONTRIBUTION
The Site may contain comments and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Site.
Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. You also represent and warrant that all of your User Contributions do and will comply with these Terms. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.
FEES AND PAYMENT
In consideration for any purchase you make on the Site, you shall pay 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 payment process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. All payments will be charged and made in the U.S. dollars if the mailing address you provide is in the United States or any of its possessions or territories. Otherwise, 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) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security. You hereby authorize us 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. Please check with your bank and credit card issuer for details.|
GROUP COACHING PROGRAM
This section applies to the clients working with us on the group coaching program (“Program”).
You shall cooperate with us and respond promptly to our request to provide information or decisions that are reasonably necessary for us to carry out the Program in a timely manner and ensure that such information is complete and accurate in all material respects.
We shall use reasonable efforts to meet any performance dates specified in the description of the Program and any such dates shall be estimates only. If our performance for the Program is prevented or delayed by any act or omission of you, we shall not be deemed in breach of its obligations under the Program. We may, from time to time change the details of the Program without your consent provided that such changes do not materially affect the nature or scope of the Program, or the fees or any performance dates set forth on the Site.
If either party wishes to change the scope of the Program, it shall provide details of the requested change to the other party in writing. We shall, within a reasonable time period after such request, provide a written estimate to you of the likely time required to implement the change; any change in fees; and any other impact the change might have on the performance of the Program. Neither party shall be bound by any change unless mutually agreed upon in writing.
All payments are non-refundable and non-transferable [unless the parties agree otherwise in writing]. In the event payments are not received after becoming due, we may suspend performance under the Program until payment has been made in full.
DISCLAIMER OF WARRANTIES
To the extent permitted by applicable law, the Site is provided on an “as is” and “as available” basis without any warranties of any kind including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will operate error-free or that the Site is free of computer viruses or other harmful components. We will not be liable to you should the Site or the services supplied through the Site become unavailable, interrupted or delayed for any reason.
LIMITATION OF LIABILITY
To the extent permitted by applicable law, we disclaim all liability, whether based in contract, tort, strict liability, or otherwise, and do not accept any liability for any loss or damage resulting from any use of, or inability to use, the Site. All information transmitted to or from you is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this Site, even if we or our affiliates, distributors, licensors, or agents, or any of our or their directors, employees, or agents have been advised of the possibility of such loss or damages. Without limitation, you assume the entire cost of all necessary servicing, repair, or correction in the event of any such loss or damages arising therein.
INDEMNIFICATION
You agree to indemnify us and our affiliates, distributors, licensors, and agents and all of our and their directors, employees, and agents against, holding all harmless from any and all claims, settlements, liabilities, and costs or expenses, including reasonable attorney’s fees, arising from your use of the Site or your placement or transmission of any content onto the Site.
DISPUTES
All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto shall be governed by the laws of the State of California, United States of America, without any choice or conflict of law provision or rule of the State of California or any other jurisdiction. Any dispute arising from or relating to these Terms, the Site, or any services provided by us shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in San Diego and County of San Diego although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
The state and federal courts located in San Diego County, California will have exclusive jurisdiction over any dispute arising from or relating to these Terms, the Site, or any services provided by us.
[OPTIONAL] At our sole discretion, we may require you to submit any disputes arising from the use of these Terms or the Site to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
[OPTIONAL] Any cause of action or claim you may have arising out of or relating to these Terms or the Site must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
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 federal and state courts in San Diego County in the State of California for purposes of any such action by us.
MISCELLANEOUS
Any waiver by us of a breach of or right under this Agreement will not constitute a waiver of any other or subsequent breach or right. The section headings are provided merely for convenience and shall not be given any legal import. If any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. If any provision in this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions in this Agreement will remain in full force and effect. Except as expressly agreed by both parties in writing, these Terms and our Privacy Policy constitute the sole and entire Agreement between you and us regarding the Site and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, between the parties with regarding the Site.