Terms + Conditions.

This website is owned and operated by VINH;PAUL HA (“Company,” “we,” or “us”).

This Terms of Service, Disclaimer and Privacy Policy, governs your access to and use of vinhpaulha.com, including any content, functionality and services offered on or through vinhpaulha.com (the “Website”), whether as a guest or a registered user. These terms of service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content on our site or any chat on www.instagram.com or other platforms of use.

Please read the Terms carefully before you start to use the Website. By using the Website, you agree to be bound by these terms of service. If you do not agree to the terms of service herein or elsewhere on the website, then you may not access the website or use our services in any manner. If you do not want to agree to the Terms + Conditions you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

USER’S PERSONAL RESPONSIBILITY

By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended on this Website.

NO UNLAWFUL OR PROHIBITED USE AND INTELLECTUAL PROPERTY

As a condition of your use of the Website, you warrant to the Company that you will not use the Website or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

All content included as part of the Website, is the property of the Company protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website. Content is not for resale.

Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company except as expressly authorized by these Terms.

PROPRIETARY INFORMATION

The Content accessible from this website, and any other website owned, operated, licensed, or controlled by us is our proprietary information or the proprietary information of the party that provided the Content to us, and we or the party that provided the Content to us retain all rights, title, and interest in such Content. The Content may not be copied, distributed, republished, uploaded, posted, displayed or transmitted in any way without our prior written consent, or unless authorized in writing elsewhere on our website, except that you may print out a copy of the Content solely for your personal non-commercial use. Notwithstanding any other provision in these Terms of Service, you are prohibited from removing, altering, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Service violates our intellectual property rights. Your use of this website does not grant you title to or any rights to, including, but not limited to, our intellectual property.

ERRORS AND OMISSIONS

This Website is a public resource of general information that is intended, but not promised or guaranteed, to be correct, complete, and up-to-date. We have taken reasonable steps to ensure that the information contained in this Website is accurate, but we cannot represent that this Website is free of errors. You accept that the information contained on this Website may be erroneous and agree to conduct due diligence to verify any information obtained from this Website and/or resources available on it prior to taking any action. You expressly agree not to rely upon any information contained in this website.

FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY

The information contained on this Website and the resources available for download through this website are for educational and informational purposes only.

The information contained on this Website and the resources available for download through this website is not intended as, and shall not be understood or construed as, legal, medical, health or other professional advice.

We have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Website should be understood as a recommendation that you should not consult with a professional to address your particular information. The company is not providing professional healthcare services nor claims to and will not be held responsible for diagnosing, treating, or curing any physical or mental health condition. The Company expressly recommends that you seek advice from a professional. If Client decides to take action based on the services he or she receives from Company, Client does so at his or her own risk.

Neither the Company nor any of its employees or owners shall be held liable or responsible for any errors or omissions on this website or use of services for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

GENERAL Services

We reserve the right to refuse service to anyone for any reason at any time.  Except for your credit card number and associated payment information, you understand that your content, including any information that you provide to us, maybe transmitted unencrypted and over various networks and modified to the technical requirements and specifications of the receiving networks and devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

PRICES, PAYMENTS, FEES

Prices for our products and services are subject to change without notice.  We reserve the right, at any time, to modify or discontinue the Service (or any part or content thereof), without prior notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable.  By providing the Company with your credit card number and associated payment information, you agree that the Company and its third-party service provides for payment services, are authorized to immediately invoice your Account for all fees and charges due and payable to the Company hereunder, without any further notice or consent.  You agree to immediately notify the Company of any changes in your Account profile, including, but not limited to, changes to your billing address and payment information.  The Company reserves the right, at any time, to change its prices and billing methods, without prior notice to you.

CANCELLATION POLICY

You can cancel your service within 24 hours of purchase upon email notification to receive a full refund. No refunds will be made otherwise.

If you receive a refund of any purchase through the terms and conditions, that shall immediately terminate any and all licenses granted you to use the material provided to you under these Terms of Use or any other agreement. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

Shipping, Returns + refunds

Please allow 7 days for processing orders. We ship domestically and internationally via USPS. There are no refunds or exchanges for physical products purchased.

NO GUARANTEES

The Company has made no guarantees about the results of taking any action, whether recommended on this Website or not.

The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included on or through this website. To the fullest extent permissible under the law, the Company disclaims all warranties or guarantees, express or implied.

HEALTH INFORMATION

Any Content, statements on this site and/or any materials or products we distribute or sell have not been evaluated by the Food and Drug Administration (“FDA”). Neither the products nor the ingredients in any of the products available on the site have been approved or endorsed by the FDA or any regulatory agency. The products on the site are not intended to diagnose, treat, cure or prevent any disease or medical condition. The information on this site or other materials we may provide to you are designed for educational purposes only and are not intended to be a substitute for informed professional medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any of our products.

Disclaimer + waiver

Company provides supportive services. Company is not providing professional healthcare services. Company does not claim to and will not be held responsible for diagnosing, treating, or curing any physical or mental health condition. Company’s services do not take the place of Client’s team of healthcare professionals. Under no circumstances should Client stop seeing his or her team of healthcare professionals. If Client decides to take action based on the services he or she receives from Company, Client does so at his or her own risk.

The Company’s services and recommendations are never meant to replace professional legal, medical or psychiatric services. Any recommendations or suggestions made do not constitute medical or legal professional advice on any subject matter. The Company does not accept any responsibility for any loss, illness or injury which may arise from reliance on information contained in these services. I acknowledge that these services are intended for informative and educational purposes only. I understand that this service does not intend to substitute any legal, medical, psychiatric or other professional services."

TESTIMONIALS

At various places on this Website, you may find testimonials from clients and customers of the products and services offered on this Website or by the Company. The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed on this Website.

Although these testimonials are truthful statements about results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not necessarily typical. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or services offered on this Website or by the Company.

PRIVACY

Your use of the Website is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.

THIRD-PARTIES

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

INTERNATIONAL USERS

The Service is controlled, operated and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

LIMITATION OF LIABILITY

You agree to absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on this website and/or the resources you may download from this website. You agree that the company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of this website.

The information, software, products, and services included in or available through the Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Company and/or it's supplier may make improvements and/or changes in the website at any time.

The Company and/or it’s suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. The company and/or it’s suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use of performance of the website, with the delay or inability to use the website or related services, the provisions of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise, even if the company or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the website.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless VINH;PAUL HA and Vinh-Paul Ha and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION + Access restriction

The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this Website or the Terms of Use pursuant to the Arbitration Clause above. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

GOVERNING LAW AND VENUE

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of California. The parties to these Terms of Service each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Service or pertaining to the subject matter of these Terms of Service will be California.

DISPUTE RESOLUTION

In the event of any claims, disputes, or other controversies arising out of, or relating to, these Terms of Service, the use of this website or information obtained through this website, or any other claims, disputes, or controversies arising out of or relating to this website, or any other website owned, operated, licensed or controlled by us (the “Dispute” and together with the “Disputes”), you agree to resolve any Dispute by submitting the California State mediations.

Any dispute arising under this Agreement will be resolved by an online mediation service that is agreed upon by all parties or by a mediation in California with a mediator agreed upon by all parties. The parties agree to complete mediation in good faith prior to pursuing any other available legal or equitable remedies.

Failure to insist on strict performance of any of these Terms of Service will not operate as a waiver of any subsequent default or failure of performance. No waiver by us of any right under these Terms of Service will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the website must be brought within two (2) years from the date on which such claim or action arose or accrued. If any part of these Terms of Service is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Service (including our Privacy Policy) constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. We may revise these Terms of Service at any time by updating this posting.

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

CHANGES TO TERMS

The Company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.

CONTACT US

Should you have questions regarding the Terms + Conditions, please contact:

VINH;PAUL HA

hello@vinhpaulha.com

Los Angeles, California

Effective as of July 21, 2023.