Terms of Use

Welcome to PhuongWhite.com.  PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE.  This website is provided for informational purposes only.  Be aware that your use is subject to the following terms and conditions.  If you do not agree to the Terms of Use, please discontinue using the site immediately.  By using this site, you signify your Agreement to these Terms of Use.


Restrictions on Use of Materials
Materials in this website belongs to Phuong White (www.PhuongWhite.com), all rights are reserved and no intellectual property rights are conferred by this agreement.  Accordingly, we may, in our sole discretion and at any time, update, change or discontinue this website or any specific portion of its website (including the Terms of Use) without notice.  Each visit to this site reaffirms your continuing agreement to the then current Terms of Use.

The database(s) may be used only for viewing information or for extracting information to the extent described below.  You agree to use information obtained from Phuong White (PhuongWhite.com) databases only for your own private use or the internal purposes of your home or business, provided that is not the selling or broking of information, and in no event cause or permit to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of the databases (whether directly or in condensed, selective or tabulated form) whether for resale, republishing, redistribution, viewing, or otherwise.

Nevertheless, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, or is for use in your business only internally, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for these purposes only. Nothing herein shall authorize you to create any database, directory or hard copy publication of or from the databases, whether for internal or external distribution or use.

Liability
The materials in this site are provided and without warranties of any kind either express, or implied.  Phuong White (www.PhuongWhite.com) disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Phuong White ( www.PhuongWhite.com) does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components.  Phuong White (www.PhuongWhite.com) does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You and not Phuong White (www.PhuongWhite.com) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.  Under no circumstances, including, but not limited to, negligence, shall Phuong White (www.PhuongWhite.com) be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if Phuong White (www.PhuongWhite.com) or a Phuong White (www.PhuongWhite.com) authorized representative has been advised of the possibility of such damages.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Phuong White (www.PhuongWhite.com) total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.

All data provided on this website is to be used for information purposes only. The information contained on this website and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard.  The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made available to Phuong White (www.PhuongWhite.com) and such information should not be relied upon as all-inclusive or accurate.  To make sure that any information or suggestions on this site fit your particular circumstances, you should consult with an appropriate tax, legal professional, medically certified or industry trained professional before taking action based on any suggestions or information on this site. Unless otherwise specified, you alone are solely responsible for determining whether any financial, insurance strategy, product or service, mental, medical action is appropriate or suitable for you based on your objectives and personal situation.

Without limiting the foregoing, no product or service offered or set forth on this Website, nor any analysis, commentary, or otherwise (whether oral or written), provided in conjunction with the foregoing shall be deemed to constitute: (1) investment advice under applicable state or federal law, including, but not limited to, the Investment Advisers Act or 1940; or (2) any sort of transaction in securities for the account of others, including, but not limited to, any solicitation, negotiation or execution of the transaction. Neither we nor any of our representatives, sublicensees, or assigns shall be responsible for any investment decisions or third party damages or losses resulting from the use of such product(s) or service(s) or any information provided in conjunction with same. You also understand and agree that we are not (1) an “investment adviser” as such term is defined in the federal Investment Advisers Act of 1940, or (2) a “broker”, or (3) a “dealer”, as such terms are defined under the federal Securities Exchange Act of 1934. We do not hold ourselves out in any communications as an investment adviser, a broker, or a dealer.

ADDITIONALLY, THE WEBSITE 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 WEBSITE. 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 WEBSITE.  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.

Links and Marks
The owner of this site is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk.  User activity on those sites is covered by the terms of use and privacy policies on those sites.  Links to other websites or references to products, services or publications other than those of Phuong White (www.PhuongWhite.com) and its subsidiaries and affiliates at this website, do not imply the endorsement or approval of such websites, products, services or publications by Phuong White (www.PhuongWhite.com) or its subsidiaries and affiliates.  Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of Phuong White (www.PhuongWhite.com) or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted.  Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.

Submissions
You represent, warrant and agree that: you own or otherwise control all of the rights to all User-Generated Content that you post or send to us; that all such User-Generated Content is accurate; use of such User-Generated 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-Generated Content. Each time that you access the Website, or post or submit User-Generated Content, you agree that the User-Generated Content License is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted by you.

All comments, suggestions, graphics, ideas (including products and advertising ideas), and other information and materials you submit to Phuong White (www.PhuongWhite.com) through this website will become and remain the exclusive property of Phuong White (www.PhuongWhite.com), including any future rights associated with such submissions, even if these Terms of Use are later modified or terminated. Accordingly, you disclaim any proprietary rights in such submissions, and you acknowledge Phuong White’s (www.PhuongWhite.com’s) unrestricted right to use them (or materials or ideas similar to them) in any medium, now or in the future, without notice, compensation or other obligation to you or any other person. Moreover, Phuong White (www.PhuongWhite.com) has no obligation to keep your submission confidential.

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 provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.  An electronic 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 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.

Confidentiality of Codes, Passwords and Information
You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from Phuong White (www.PhuongWhite.com), and all information to which you have access through password-protected areas of Phuong White (www.PhuongWhite.com) websites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.

PhuongWhite (www.PhuongWhite.com) may monitor or review discussions, chats, postings, and other transmissions on this website. However, Phuong White (www.PhuongWhite.com) is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmission or for any error, defamation, libel, slander, omission, falsehood, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to any such locations on this website. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane materials or any other materials that could be considered or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any other laws. Phuong White (www.PhuongWhite.com) will fully cooperate with any law enforcement authorities or court order requesting or directing Phuong White (www.PhuongWhite.com) to disclose the identity of anyone posting such information or materials. Phuong White (www.PhuongWhite.com) may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Phuong White (www.PhuongWhite.com), its employees, customers or the public.

You agree to indemnify, hold harmless and defend Phuong White (www.PhuongWhite.com), its members, directors, officers, employees and agents, from and against any action, cause, claim, damage, debt, demand or liability, asserted by any person, arising out of or related to: (i) these Terms of Use; (ii) your use of this website, including any date or work downloaded, transmitted or received by you; and (iii) any libelous, slanderous, indecent or other statement concerning any person made or republished by you.

Products
Phuong White (www.PhuongWhite.com) controls and operates this website from within the United States of America. Unless otherwise specified on or within this Website, this Website is intended to promote only those Phuong White (www.PhuongWhite.com) products that are sold by Phuong White (www.PhuongWhite.com) in the United States and its territories, and Phuong White (www.PhuongWhite.com) makes no representation that materials in this website or the conduct described thereby are appropriate or available for use in other locations. If you are under 18, you may use the Website only with the involvement of a parent or guardian.  All visitors to this website are responsible for compliance with all local laws applicable to them with respect to the content and operation of this Website.  We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

System Requirements
Use of the certain areas of the Website requires Internet access, audio manager software or other software allowing the downloading and storing of audio and audio-visual files in MP3 or other digital format (the “Software“), and, for certain downloadable content, a compatible player device (the “Device“).  Phuong White (www.PhuongWhite.com) may, at any time in its sole discretion, modify, revise, or otherwise change the system requirements for the Website and the format of any downloadable content, in whole or in part, without notice or liability to you.

Internet access, use of the Software, or use of a Device may result in fees in addition to any fees incurred on the Website. Software and Devices may require you to obtain updates or upgrades from time to time. Your ability to use the Website may be affected by the performance of the Software, the Device, or your Internet connection. You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Software and Device, as in effect from time to time, and to maintain, update, and upgrade your Software and Devices, including the payment of all Internet access, Software, and Device fees without recourse to Phuong White (www.PhuongWhite.com).

Miscellaneous Legal
This Terms of Use and the license granted may not be assigned or sublet by you without Phuong White (www.PhuongWhite.com) written consent in advance.  These Terms of Use shall be governed by, construed and enforced in accordance with the law, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.  To the extent you have in any manner violated or threatened to violate Phuong White (www.PhuongWhite.com) and/or its affiliates intellectual property rights, Phuong White (www.PhuongWhite.com) and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of North Carolina, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Charlotte, NC.  If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Charlotte, NC, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

As the sole exception to arbitration, you and Phuong White (www.PhuongWhite.com) each retain the right to pursue in small claims court any dispute that is within that court’s jurisdiction.  A “dispute” is any unresolved disagreement between you and Phuong White (www.PhuongWhite.com), regardless of when the claim arose, and includes claims based on contracts, torts, statutes, regulations, common law, and equitable claims. All statutes of limitation applicable to any dispute shall apply in any arbitration between you and Phuong White (www.PhuongWhite.com.)

You and Phuong White (www.PhuongWhite.com) agree that you are each waiving the right to a jury trial or a trial before a judge in a court. You and Phuong White (www.PhuongWhite.com) agree that each may bring claims against the other only in an individual capacity, and that neither you nor Phuong White (www.PhuongWhite.com) shall be entitled to join or consolidate claims by or against others in any arbitration, or to include in any arbitration any dispute as a representative or member of a class, or on behalf of the general public, or as a private attorney general. If this limitation is found to be unenforceable, it shall not be severable, and this entire arbitration provision shall be unenforceable. You and Phuong White (www.PhuongWhite.com) agree that the arbitrator may award injunctive relief only in favor of the party seeking relief, and only to the extent necessary to provide relief warranted by that party’s individual claim. In the event of any inconsistency between this arbitration provision and any provision contained in any other applicable terms of use, license agreement, disclaimer, or privacy policy relating to Phuong White (www.PhuongWhite.com) or the material on the website, this arbitration provision shall be controlling.

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, IN NO EVENT SHALL PHUONG WHITE’S (WWW.PHUONGWHITE.COM’S) TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR IN TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.  These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by the internal laws of the State of North Carolina, without reference to its conflict of law principles.  If any conflict exists between any provision of these Terms of Use and any applicable statute, law, regulation of ordinance, the latter will prevail, but in such event, the affected provision of these Terms of Use will be modified or limited only to the extent necessary to bring it within such legal requirements.  No failure on the part of Phuong White (www.PhuongWhite.com) to enforce any part of these Terms of Use shall constitute a waiver of any of Phuong White’s (www.PhuongWhite.com’s) rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by Phuong White (www.PhuongWhite.com) nor the reliance of any person on Phuong White’s (www.PhuongWhite.com’s) actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Phuong White (www.PhuongWhite.com) shall have any legal effect whatsoever.  These Terms of Use are in addition to, and do not override or otherwise modify or supersede, the terms and conditions that apply to the products or services offered by this Website and other companies through this Site.  If we have not specifically granted you a right under these Terms of Use, that right is reserved to us.

Termination
These Terms of Use agreement are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all Phuong White (www.PhuongWhite.com) site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise.  This agreement will terminate immediately without notice at Phuong White (www.PhuongWhite.com) sole discretion, should you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other Phuong White (www.PhuongWhite.com) site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.