Terms of Service

The delineated statements under the headings containing the term, "SNAPSHOT", are provided solely for your convenience. They are not legally binding and do not modify our Terms of Service in any way.

SNAPSHOT OF TERMS OF SERVICE

Your access to or use of Our Services such as our website means that you agree to these Terms and our Privacy Policy. If you disagree with these Terms or our Privacy Policy, you have to stop accessing or using Our Services. Also, you need to be an adult as defined by the state where you live (usually that means 18 years of age).

Some key terms are:

I. We are not a law firm and do not provide any service that requires a license or certification. Links we provide to other websites are provided as a courtesy and we are not responsible for their content or policies.

II. Our Services, the information that we provide, and our name and mark are our intellectual property. Your right to access and use Our Services is based on an individual license to you on the condition that:

a.      you keep all information confidential and will not share or re-distribute it;
b.      your access or use does not directly or indirectly result in competition with our business; and
c.       your access or use is not abusive or unlawful.

Damages for breach include disgorgement of profits and $500,000 in liquidated damages.

III. You grant to Kuan Advisory the right to use your image, voice and words that you provide while accessing, using or commenting about Kuan Advisory’s Services.

IV. In general, we cannot offer refunds due to the nature of our services. You can exchange 1x an online talk for credit in the amount of the price paid so long as login has not occurred. You can exchange 1x an on-site talk for the same talk online with 2-days notice. And you can reschedule our coaching and consulting sessions with 1-day notice.

V. We do not guarantee that our information is accurate or complete. You cannot recover more money than what you paid for the 12 months preceding the Services in dispute. We are not responsible for and you will indemnify and hold us harmless for anything that happens as a result of your access to or use of Our Services, or your violation of our Terms or the law. Disputes will be resolved in small claims or non-binding arbitration in New York. You waive class actions.

VI. Delaware’s law applies. The jurisdiction and venue for disputes will be New York, New York.

TERMS OF SERVICE1

These Terms of Service (“Terms”) govern your access to and use of all products and services, whether paid for or gratis, including, but not limited to, in-person events, webinars, video and audio recordings, presentations, pamphlets, writings, software, digital files, platform, websites, apps and social media websites and apps (collectively, "Services") from Kuan Advisory LLC, a Delaware LLC with office in New York, dba Agifall Advisory, Caitlyn Kuan, JD MBA, Kuan Advisory and Caitlyn Kuan Advisory, its partners, assignees, successors in interests, agents and affiliates (collectively, “Kuan Advisory” or “We”). Services from Kuan Advisory will be herein referred to as “Our Services” or “Kuan Advisory’s Services”.

By accessing or using Our Services, you agree to be bound by these Terms as well as our Privacy Policy. If you are accessing or using Our Services as the employee or agent of an organization, you represent and warrant that you have the authority to represent the organization and that you are agreeing to these Terms and our Privacy Policy on behalf of that organization. If you disagree with any part of these Terms or our Privacy Policy, then you shall refrain from accessing or using Our Services.

You must be the legal age of majority in your state of residence or otherwise able to form a binding contract with Kuan Advisory in order to access or use Our Services. In no event is access to or use of Our Services permitted by those under the age of 13.

SNAPSHOT OF SECTION I.A.

We do not provide any service that requires a license. Although individual representatives of Kuan Advisory may be lawyers, Kuan Advisory is not a law firm and does not provide any legal services or advice. If you want legal advice, you should hire a lawyer to discuss your particular legal situation.

A. KUAN ADVISORY IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL, TAX OR FINANCIAL SERVICES.

Kuan Advisory provides Services related to the dissemination of self-help information and consulting support in the areas of business and career transition, which may include general self-help legal information, tax information, or financial analyses. Information from Our Services (including the information on our websites) that relate to legal matters ("Legal Information"), tax matters or financial analyses are provided for your private self-help use and does not constitute legal, tax or financial advice, respectively.

Kuan Advisory does not provide any service that requires a license or certification (such as a state bar license, CPA or CFA). Irrespective of whether individuals representing Kuan Advisory are licensed attorneys, Kuan Advisory is not a law firm and Our Services and Legal Information is not intended to be offered as legal services. We do not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about actions you take, or apply the law to the facts of your situation. As such, Kuan Advisory’s Services and Legal Information is not a substitute for legal services such as advice from a qualified attorney licensed to practice in a jurisdiction that is appropriate for your specific situation.

As Kuan Advisory is not a law firm, please note that communications between you and Kuan Advisory may not be protected as privileged communications under the attorney-client privilege or work product doctrine. Your use of Our Services does not create an attorney-client relationship between you and Kuan Advisory, or between you and any Kuan Advisory employee or agent.

Notwithstanding any website links or references provided by Kuan Advisory, Kuan Advisory is not a “Referral Service". Any information relating to third parties such as attorneys or accountants is provided to the public for informational purposes. Notwithstanding any personal support by individuals associated with Kuan Advisory, Kuan Advisory does not endorse or recommend any third parties nor does it make any warranty as to the qualifications or competency of third party.

B. TERMS, POLICIES AND PRACTICES OF OTHERS.

Kuan Advisory’s websites may also be governed by the terms of service, content, privacy and security practices and policies of third party vendors such as payment processor, Stripe. Its social media websites and apps may be governed by the terms of service, content, privacy and security practices and policies of third party providers such as those of Facebook, Instagram, LinkedIn, Google and Twitter.

SNAPSHOT OF SECTION I.B.

If you click on a link and leave our website (even if it leads to our social media page), these other websites are controlled by third parties like Facebook who have their own terms of service and other policies. We do not have control over and are not responsible for the acts and omissions of these third parties.

B. TERMS, POLICIES AND PRACTICES OF OTHERS.

Further, Kuan Advisory's websites may contain links to third party websites and apps (“Linked Sites”). Linked Sites are provided for your convenience. We do not sponsor, are not legally affiliated or associated with, and do not control, endorse or monitor the contents of any Linked Sites. That includes, without limitation, any further link contained in Linked Sites, and any changes or updates to Linked Sites. Kuan Advisory shall not be responsible for the content of, for the webcasting or for any other form of transmission received from Linked Sites or further link contained in Linked Sites. If you use any service provided on Linked Sites, (a) Kuan Advisory shall not be responsible for any act or omission of the third party, including the third party's access to or use of your customer data and (b) Kuan Advisory does not warrant or support any service provided by the third party.

As such, it is your responsibility to review and accept or reject all third party providers’ terms of service, content, privacy and security practices and policies. Kuan Advisory is not responsible for the terms of service, content, privacy and security practices and policies of third parties.

SECTION I.
(NOT LAW FIRM, THIRD PARTIES)

SNAPSHOT OF SECTION II.A.

You are allowed to access and use Our Services solely for your individual personal or non-competing business use. You agree to not sell or share information from Kuan Advisory, to not interfere with the access and use of Our Services, to not take unauthorized information, to not scrape our websites, and to not access or use Our Services for any purpose that is illegal or prohibited by these Terms, our Privacy Policy or your purchase contract with us.

SECTION II.
(LICENSE, INTELLECTUAL PROPERTY, CONFIDENTIALITY, NON-COMPETE, CONDUCT)

A. LICENSE / NO UNLAWFUL OR PROHIBITED USE.

You are granted a non-exclusive, limited, conditional, non-transferable, revocable, individual license to access and use Our Services strictly in accordance with these Terms, our Privacy Policy and if applicable, Other Agreements as defined in Section VI.D. (“License”). This License is limited solely for your individual business or personal use that does not compete or interfere with Kuan Advisory’s business interest and is consistent with the purpose for which We promote Our Services.

Unless explicitly authorized in a signed writing from the managing member of Kuan Advisory, resale or distribution of information from Kuan Advisory is strictly prohibited. You shall not access or use Services in any manner which could damage, disable, overburden, or impair Our Services including our websites or interfere with any other party’s access and use of Our Services including our websites. You shall not obtain any material or information not intentionally made available to you under this License. You shall not hack, "scrape" or "crawl" our websites, apps, social media and platforms whether directly or through intermediaries such as spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds, or otherwise access or attempt to access any information We have not intentionally made available to you under this License.

As a condition of your License, you warrant and represent to Kuan Advisory that you will not access or use Our Services including our websites for any purpose that is unlawful or otherwise prohibited by these Terms, our Privacy Policy and if applicable, your purchase agreement with Kuan Advisory.

SNAPSHOT OF SECTION II.B.

Everything related to Our Services (e.g., trademarks, websites, presentations, pricing, packages, etc.) belong to us and are our intellectual property. Your authorized access and use of Our Services doesn’t convey you with any ownership rights (even if we take on your suggestions). That means you can’t share, sell, copy, edit or distribute any of our intellectual property.

B. INTELLECTUAL PROPERTY RIGHTS.

Kuan Advisory owns and retains all rights, titles and interests in and relating to Our Services including, but not limited to, the packaging, pricing, presentation and content of Our Services, software, features, functionality, images, text, graphics, illustrations, logos, trademarks and service marks, trade names, copyrights, photographs, video and audio recordings, music, all Confidential Information as defined in Section II.C. and all related intellectual property rights including those licensed or assigned to Kuan Advisory from third parties (collectively, “Kuan IP”).

Specifically, the content, design, text, photographs, videos, recordings and graphics of Our Services and selection and arrangement thereof including, but not limited to, content on our websites (collectively, "Service Content") are copyright © Kuan Advisory LLC. All rights reserved. Trademarks of Kuan Advisory include, but are not limited to, Kuan Advisory LLC, Caitlyn Kuan, JD MBA, Kuan Advisory, Agifall Advisory, www.kuanadvisory.com, www.agifalladvisory.com, @kuanadvisory, @caitlynkuanadvisory and @agifalladvisory. Tradenames of Kuan Advisory include, but are not limited to, Agifall Advisory and registered tradenames, Kuan Advisory LLC, Kuan Advisory, Caitlyn Kuan, JD MBA and Agifall Advisory. These and any other names, slogans, logo and designs displayed on or for Our Services are trademarks of Kuan Advisory. In addition, the look and feel of our trademarks including, but not limited to, Agifall Advisory, the A logo and 1 line slogan, appearing in the upper left corner of the footer of the web pages of www.agifalladvisory.com are the service mark, trademark and/or trade dress of Kuan Advisory. The names of actual companies and products you might encounter through us may be the trademarks of their respective owners. Nothing in these Terms including your License should be understood as in any way granting any license or right to use any of Kuan Advisory's trademarks or tradenames displayed on our website or Our Services. All goodwill generated from the use of Kuan Advisory's trademarks and tradenames is reserved for the use of Kuan Advisory, exclusively.

As a condition of your License, you shall not, and shall not permit others to:

1.      reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any Kuan IP;
2.      sell, license, sublicense, rent, lease, distribute, copy, imitate, publicly display, publish, adapt or edit any Kuan IP; or
3.      circumvent or disable any security or technological features of Kuan IP.

Notwithstanding your authorized access and use under your License, you agree that you do not have and shall not acquire any intellectual property rights in any Kuan IP even if your statements, words, suggestions, comments or ideas are incorporated as a part of Our Services, Kuan IP and/or Confidential Information as defined in Section II.C.

SNAPSHOT OF SECTION II.C.

You agree that to not share, copy, change or use improperly our Confidential Information subject to liquidated damages in the amount of $500,000.

C. CONFIDENTIALITY.

The term “Confidential Information” means any information or material which is proprietary to Kuan Advisory, whether or not owned or developed by Kuan advisory, which is not generally known in its presented form, and which you may obtain through any direct or indirect contact with Kuan Advisory. Regardless of whether specifically identified as confidential or proprietary, Confidential Information includes any information from Kuan Advisory that typically results in revenues, or any information concerning our business, technology, know-how, partners, affiliates, agents, customers, users and visitors including, but not limited to, Kuan IP, business records and plans, trade secrets, technical data, products, packages, talks, subscriptions, product ideas and design, contracts, financial information, pricing structure, discounts, computer programs and listings, source code and/or object code, copyrights and intellectual property, inventions, sales leads, strategic alliances, partners, and customer and client lists.

You understand and acknowledge that the Confidential Information has been developed or obtained Kuan Advisory by the investment of significant time, effort and expense, and that the Confidential Information is a valuable, special and unique asset of Kuan Advisory which provides Kuan Advisory with a significant competitive advantage, and needs to be protected from improper disclosure. In consideration for the disclosure of the Confidential Information, you agree as follows:

1.      No Disclosure. You will hold the Confidential Information in confidence and will not disclose the Confidential Information to any person or entity including, but not limited to, your employees, partners and agents without the prior written signed consent of Kuan Advisory;
2.      No Copying / Modifying. You will not copy or modify any Confidential Information without the prior written signed consent of Kuan Advisory;
3.      No Unauthorized Use. You shall promptly advise Kuan Advisory if you become aware of or suspect any possible unauthorized disclosure or use of the Confidential Information;

If it appears that you have disclosed, copied, modified or used without authorization (or have threatened to disclose, copy, modify or use without authorization) the Confidential Information in violation of these Terms, Kuan Advisory shall be entitled to an injunction to restrain you from disclosing, copying, modifying or using the Confidential Information in whole or in part.

In addition to injunctive relief, you agree that breach of this section will cause Kuan Advisory substantial economic damages and loss in amounts that are likely difficult to ascertain with certainty. As such, you agree that liquidated damages may be assessed and recovered by Kuan Advisory in the amount of five hundred thousand dollars ($500,000) (“Liquidated Damages”). You agree that Liquidated Damages is reasonable because the Confidential Information was derived from Kuan Advisory founder’s academic education, work experience and work performed and cost associated with producing the Confidential Information. The fees and associated cost of founder’s academic education as of February 21, 2019, is approximately $465,706.

Kuan Advisory shall not be prohibited by the remedies in this section from pursuing other remedies, and shall not be prohibited from a claim for losses and damages including disgorgement of profits for breach of other portions of these Terms.

Upon request of Kuan Advisory, you shall destroy and dispose of the Confidential Information in whole or in part. You shall deliver a written notarized statement signed by you, certifying that all materials have been destroyed within five (5) days of receipt of the request, to Kuan Advisory as set forth in Section VI.G. Legal Notice herein.

SNAPSHOT OF SECTION II.D.

As a condition to access or use Our Services, you agree that you are not a competitor, that you will never use information from us to compete with us, and that regardless of whether you actually use our information, you agree to not compete with us for 2 years in the United States subject to disgorgement of profits and liquidated damages in the amount of $500,000.

D. NON-COMPETE.

As a condition of receiving your License, you warrant and represent that you are not currently engaging or planning to engage in Competitive Acts. “Competitive Acts” is any activity or interest that directly or indirectly, whether for consideration or gratis, competes or interferes with the business interest of Kuan Advisory. “Competitive Acts” include, but are not limited to: (i) having an ownership interest in, an employment or agency relationship with, or an affiliation with an entity or person that engages directly or indirectly in competitive business or activity, and (ii) soliciting any customer or potential customer of Kuan Advisory for the benefit of an entity or person that engages directly or indirectly in competitive business or activity.

In accordance with the terms of your License, you agree that you shall not use information from Our Services to engage in Competitive Acts.

You acknowledge that it would be difficult to ascertain whether information from Our Services were used to support Competitive Acts. As such, you agree to not engage in Competitive Acts in the United States during your access to and use of Our Services through (2) years after your last access to and use of Our Services (“Two Year Period”).

Further, you agree that if you engage in Competitive Acts during the Two Year Period, it shall be presumed legally (as a legal fact) that you have used information from Our Services including our Confidential Information and Kuan IP to engage in Competitive Acts and that you have engaged in Unlawful Business Practice and Unfair Competition against Kuan Advisory, which entitles Kuan Advisory to damages such as disgorgement of your profits, unless you establish by clear and convincing evidence to the contrary (e.g., you gathered and compiled content from another source, and the presented service and content was substantially distinct from the content and presentation of Kuan Advisory’s Services).

You agree that if you violate this provision, irreparable harm will occur and money damages alone will be insufficient to compensate Kuan Advisory. Therefore, Kuan Advisory will be entitled to seek injunctive relief (e.g., a court order that requires you and to the extent applicable, the benefiting entity or person, to comply with this Agreement) to enforce these Terms.

In addition to injunctive relief, you agree that breach of this section will cause Kuan Advisory substantial economic damages and loss in amounts that exceed your profits and are likely difficult to ascertain with certainty. As such, you agree that Kuan Advisory, in its discretion, may opt for liquidated damages in lieu of disgorgement of profits in the amount of five hundred thousand dollars ($500,000) (“Liquidated Damages”). You agree that Liquidated Damages is reasonable because Our Services are built from Kuan Advisory founder’s academic education, work experience and work performed and cost associated with producing Our Services. The fees and associated cost of founder’s academic education as of February 21, 2019, is approximately $465,706.

If you disagree with any of these Terms, you shall refrain from accessing or using Services.

SNAPSHOT OF SECTION II.E.

We offer a lot of ways to communicate online and at in-person events such as posting comments and testimonials. You agree to use our communication services as intended, and not to post anything illegal or abusive. We have the right to use, modify, remove or disclose your comments and testimonials.

E. ACCEPTABLE USE OF COMMUNICATIONS SERVICES.

Our Services may include in-person events and online sites, platforms and tools that enable testimonials, chats, comments, blogs, posts, discussion forums, question and answer, calendars, and other messages ("Communications Services"). You agree to use the Communication Services only to post, send, and receive messages or materials proper to and related to the particular Communication Service. For example, you agree that you will not do any of the following:

Defame, abuse, spam, harass, stalk, threaten or otherwise violate the legal rights of others;
Publish, post, upload, distribute or disseminate any names, materials, or information that is considered inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful;
Create a false identity, represent yourself as someone else, sign an agreement as someone else or on behalf of someone else, or falsify or delete in an uploaded file any material author attributions, required notices, or proper designations of source;
Upload files that contain software or other material protected either by intellectual property laws or by the rights of privacy or publicity unless:
- you own or control the necessary rights, or
- you have received all necessary consents to do so;
Upload corrupted files, files that contain viruses, or any other files that may damage the operation of another's computer or property;
Advertise, offer to sell, or offer to buy anything for business purposes except to the limited extent any particular Communication Service specifically allows such activity;
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
Restrict or inhibit any other user from using and enjoying the Communication Services;
Harvest or otherwise collect information about others including personally identifiable information without their consent;
Violate any code of conduct or other guidelines, which is applicable or should reasonably be applicable for any particular Communication Service; and
Violate any applicable laws or regulations.

Although Kuan Advisory has no obligation to monitor the Communication Services, we reserve the right, in our sole discretion, to review and remove any material transmitted via our Communication Services, in whole or in part. Kuan Advisory reserves the right to disclose any material, information or activity as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to refuse to post or to remove any information or material, in whole or in part, in Kuan Advisory’s sole discretion.

Always use caution when using Communication Services. Kuan Advisory specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Kuan Advisory spokespersons and their views do not necessarily reflect those of Kuan Advisory.

By using our Communication Services to communicate, you are granting Kuan Advisory permission to use your communications including, without limitation, the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, modify, edit, translate and reformat your communications; and to publish your name and your company’s name in connection with your communications in Kuan Advisory’s sole discretion. Unless explicitly agreed to by Kuan Advisory to you in writing, no compensation will be paid with respect to our use of your communications. You warrant and represent that you own or otherwise control all of the rights to the communications that you transmit (whether on your own behalf or on the behalf of another person or organization) via our Communication Services (e.g., you have not plagiarized the works of others without citing the originating source).

SNAPSHOT OF SECTION II.F.

Kuan Advisory has the right to change or terminate your access to or use of its website and products. This is a very rare situation such as a situation where you are violating these Terms, breaking the law, or otherwise misusing our service.

A. CONSENT AND RELEASE FOR USE OF LIKENESS.

As part of the consideration for access to or use of Our Services and if applicable, any other consideration explicitly agreed to by Kuan Advisory to you in writing, you grant to Kuan Advisory, all ownership rights and the absolute, royalty-free, perpetual, irrevocable and fully sublicensable right and permission to obtain, copyright, use, exploit, modify, translate, create derivative works from, distribute, display, present and publish, in any form now known or later developed, throughout the world in any media (i) quotes and excerpts of your written or verbally expressed words, video and audio recordings of you, your image, voice and other likeness of you (a) while accessing or using Our Services (e.g., attendance at in-person event or comments on Kuan Advisory’s website and social media) or (b) while communicating information relating to Our Services (e.g., your review of Our Services on a third party public website) (collectively, “Your Likeness”) and (ii) a fictitious name, a portion of your name, your alias, your occupation, your job title, your company’s or organization’s name (whether or not you possess any ownership interest), and your geographic information (e.g., city) to attribute Your Likeness to you (collectively, “Alias”).

Your Likeness and Alias may be copyrighted, used, exploited, modified, translated, created derivative works from, distributed, displayed, presented and published, in any form now known or later developed, in conjunction with or incorporated into other photography, print, digital and video works, and in any medium (including, without limitation, publications, catalogues, brochures, books, magazines, photo exhibits, films, internet websites and apps, public broadcast, DVDs, flash drives) and for any lawful purpose including without limitation, trade, commerce, exhibition, education, information, illustration, promotion, publicity, advertising and electronic publication (collectively, “Works”).

You represent and warrant that (i) no other party has been granted an exclusive license with respect to Your Likeness or your Alias, and (ii) no other party’s authorization or consent is required with respect to the permission granted herein to Kuan Advisory under these Terms.

You release and hereby agree to indemnify, defend and save harmless Kuan Advisory (and all persons acting under Kuan Advisory’s permission or authority) from any and all claims for libel, slander, invasion of privacy, right of publicity, copyright infringement, defamation or any other claim related to Your Likeness or Alias (collectively, “Claims”). This release includes without limitation any Claims related to blurring, distortion, alteration, optical illusion, digital alteration, use in composite form, whether intentional or otherwise, or sue of a fictitious name, that may occur or be produced in the processing or publication of Your Likeness or Alias.

You waive any right to inspect or approve any Works, and waive any claim relating to any Works and the eventual use to which Your Likeness, Alias or Works may be applied. Your Likeness, Alias or Works may be used at Kuan Advisory’s sole discretion, alone or in conjunction with any other material of any kind or nature except that Kuan Advisory will not use Your Likeness, Alias or Works for any criminal purpose or in a manner inconsistent with the proper conduct set forth in these Terms.

You understand and agree that Kuan Advisory is and shall be the owner of all right, title and interest, including copyright in Your Likeness, Alias and Works.

YOU REPRESENT AND WARRANT (i) THAT YOU ARE OF FULL LEGAL AGE (for which most states is 18 years of age), (ii) THAT YOU HAVE READ THIS CONSENT AND RELEASE PROVISION PRIOR TO ACCESS, PURCHASE OR USE OF ‘KUAN ADVISORY’S SERVICES’, (iii) THAT YOU UNDERSTAND IT, AND (iv) THAT BY ACCESSING, PURCHASING OR USING ‘KUAN ADVISORY’S SERVICES’, YOU CONSENT FULLY AND FREELY TO THIS CONSENT AND RELEASE.

If you disagree with this Consent and Release provision of Your Likeness and Alias, or if you are not of legal age in your state, you shall refrain from accessing or using Our Services. Your access or use constitutes your agreement to this perpetual consent and release effective as of the time of your access or use, and your representation that you are of legal age in your state. Contact dispute@agifalladvisory.com (with subject line “Exemption from Use of Likeness”) prior to access or use of Services in order to request a signed written agreement from Kuan Advisory in its sole discretion on a case by case basis for an exemption from this consent and release provision.

SNAPSHOT OF SECTION III.A.

When you attend an on-site event or webinar, or post comments online about us, you give us the right to own and use your image, video, audio and written words to promote our business without payment to you.

A. REFUND AND EXCHANGE POLICY.

Unless explicitly agreed to by Kuan Advisory to you in writing or as set forth in Section VI.F. entitled Modifications herein, we do not offer any refunds due to the nature of Our Services. You may exchange a business education webinar one-time for credit in the amount of the price paid for the webinar, applicable toward any of Our Services being offered, on the condition that you have not attempted to login (to obtain access link and password) to the webinar. Further, you may re-schedule your booked appointment for our coaching and consulting services (via link provided in your order confirmation email) on the condition that you provide us with 24 hour notice. We reserve the right to resolve issues on a case by case basis in the our sole discretion.

Contact us (via online form and choosing the ‘billing’ drop down option) immediately for all billing issues including the request to exchange a business education webinar for credit.

SNAPSHOT OF SECTION IV.A.

Unless we make you a specific written offer that you accept, we do not offer refunds due to the nature of our services. We offer 1x credit for the price paid for an online business education playbook so long as login has not occurred. We permit re-scheduling of our coaching and consulting services with 1-day notice.

A. DISCLAIMER OF REPRESENTATIONS AND LIABILITY.

Kuan Advisory’s Services and the information made available through Kuan Advisory’s Services may include inaccuracies or typographical errors. Furthermore, Our Services involve general self-help business and career information in the United States. As such, Our Services may not apply accurately to your specific situation or jurisdiction (e.g., city/state). Kuan Advisory and its vendors may make improvements or changes to Our Services at any time. Information received from Kuan Advisory should not be relied upon for personal, medical, legal, or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation. In short, your use of Our Services is at your own risk.

TO THE FULLEST EXTENT PERMITTED BY LAW, ‘KUAN ADVISORY’ AND ITS VENDORS MAKE NO REPRESENTATIONS AND NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT ‘KUAN ADVISORY’S SERVICES’ OR INFORMATION MADE AVAILABLE THROUGH ‘KUAN ADVISORY’S SERVICES’ INCLUDING, BUT NOT LIMITED TO, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, COMPLETENESS AND ACCURACY. ‘OUR SERVICES’ ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. INFORMATION AND OPINIONS MADE AVAILABLE THROUGH ‘KUAN ADVISORY’S SERVICES’ SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ‘KUAN ADVISORY’ AND ITS VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ‘KUAN ADVISORY’ AND ITS VENDORS HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

‘KUAN ADVISORY'S’ AND ITS VENDORS’ AGGREGATE LIABILITY FOR ALL CLAIMS AND CAUSES OF ACTION RELATING TO ‘OUR SERVICES’ INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND OTHER TORTS, SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU OR ON YOUR BEHALF TO ‘KUAN ADVISORY’ FOR THE 12 MONTHS PRECEDING ‘KUAN ADVISORY’S SERVICES’ IN QUESTION.

SECTION IV.
(BILLING, SUPPORT AND REFUNDS)

SNAPSHOT OF SECTION V.A.

While we hope to provide useful and up to date general information, your use of Our Services is at your own risk. Please don't make personal, medical, legal, or financial decisions without consulting a third party professional on your specific situation. Any claim of damages is limited to what you paid in the last 12 months.

B. RELEASE AND INDEMNITY.

On behalf of yourself and your heirs, executors, agents, representatives, and assigns, you fully release, forever discharge, and hold Kuan Advisory and its members, officers, employees, directors and agents harmless from any and all losses, damages, expenses including reasonable attorney’s fees, rights, claims and actions of any kind and injury (including death) arising out of or relating to your access to or use of Our Services including, but not limited to, any inability to access or use Our Services. You agree that this release has been freely and voluntarily consented to and you confirm that you fully understand what you are agreeing to.

You agree to indemnify, defend and hold Kuan Advisory and its members, officers, employees, directors and agent harmless from any and all losses, damages, expenses including reasonable attorney’s fees, rights, claims and actions of any kind and injury (including death) arising out of any third party claims relating to your access or use of Our Services including your inability to access or use Our Services, your violation of these Terms, our Privacy Policy or if applicable, Other Agreements as defined in Section VI.D., your violation of any rights of another, or your violation of any laws, rules or regulations.

SNAPSHOT OF SECTION V.B.

Kuan Advisory is not responsible for anything that happens as a result of your access to or use of Our Services, or your violation of our Terms and policies, someone else's rights, or the law. You will indemnify and hold us harmless in these situations.

C. SMALL CLAIMS COURT, NON-BINDING ARBITRATION AND CLASS ACTION WAIVER.

PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.

To resolve any and all disputes or claims that you may have with Kuan Advisory, irrespective of whether such dispute or claim arise from these Terms, you agree to first contact us (via clicking the “Legal Notices” button) or email us at dispute@agifalladvisory.com with your contact information, your request and a complete description of your concerns and relevant facts, which should include the name of the service or talk, your purchase or registration date, your appointment date if applicable, your full name and email address (provided at time of purchase/registration). If we do not resolve your dispute after for 30 days, then, as a condition to your access or use of Our Services, you and Kuan Advisory mutually agree (i) to litigate any and all disputes and claims for monetary damages up to five thousand dollars ($5,000) through small claims court in the County of New York in the State of New York and (ii) to litigate any and all disputes and claims for non-monetary damages and monetary damages exceeding five thousand dollars ($5,000) through non-binding arbitration pursuant to the Federal Arbitration Act, conducted by a neutral arbitrator agreed upon by the parties and administered by the American Arbitration Association, JAMS Alternative Dispute Resolution or a similar arbitration service mutually agreed upon by the parties. The arbitration will be held in the county of New York in the state of New York in the United States or in any other location upon which we mutually agree.

In the event a party seeks both non-monetary damages and monetary damages of five thousand dollars ($5,000) or less, we mutually agree that the claim will be bifurcated into a claim for monetary damages to be resolved through small claims court in the County of New York in the state of New York and a claim for non-monetary damages to be resolved through non-binding arbitration as set forth above.

In addition to the 30 day attempt at informal resolution referenced above if applicable, a party seeking arbitration must have sent a formal notice of the arbitration to the other under the process for Legal Notice as set forth in Section VI.G. of these Terms at least 30 days prior to filing for arbitration.

You may only resolve disputes and claims with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.

Notwithstanding our agreement for informal resolution and to arbitrate as provided above, the following exceptions will apply to the resolution of claims and disputes between us:

Kuan Advisory may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized access or use, to stop any abuse of Our Services, to stop any intellectual property infringement or to stop any confidentiality violation without first engaging in arbitration or small claims relief described above.
In the event that the agreement to arbitrate provided herein is found to be inapplicable or unenforceable for any reason, then as a condition to your use of Our Services we agree that any resulting judicial proceedings will be brought in the federal or state courts of New York, NY, and by your use of Our Services, you expressly consent to venue and personal jurisdiction of the courts therein.

Similar to all provisions in these Terms, your access to or use of Our Services constitute consent to these provisions.

Kuan Advisory may, in the future, make changes to these provisions regarding dispute resolution and arbitration pursuant to Section VI.F. of these Terms entitled "Modifications" below. You may reject such changes made by refraining immediately from accessing or using Our Services and within 25 days of the stated effective ‘as of’ date of the modified Terms, send us your notice of rejection of such changes to dispute@agifalladvisory.com with (i) your contact information, (ii) the version (as of date) of these Terms being rejected, and (iii) your representation that you are refraining from accessing or using Our Services. If so, the Terms in effect prior to the modified Terms will govern your prior access to and use of Our Services.

SNAPSHOT OF SECTION V.C.

If you have a problem with us and our customer service can't help, you waive your right to sue us by class action, and you will file any lawsuit for $5k or less in small claims court in New York, New York, and any other lawsuit via non-binding arbitration in New York, New York.

A. ELECTRONIC COMMUNICATION.

Accessing and using Our Services such as visiting our websites, video platforms and social media, or sending emails to Kuan Advisory constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on our websites, satisfy any legal requirement that such communications be in writing.

When you follow, like or subscribe to Kuan Advisory, you agree that you may receive marketing communications from Kuan Advisory, such as newsletters and special offers. You also understand that you can remove yourself from these communications by following the instructions to unfollow, unlike or unsubscribe in the communication medium.

SNAPSHOT OF SECTION VI.A.

We can use electronic communication to communicate with you. Also, if you subscribe, follow us, or create an account, we may send you marketing communications, but you can unsubscribe from these.

B. YOUR ACCOUNT.

If you provide an email to login (“Login Email”) or create an account to access or use Our Services, you agree to accept responsibility for maintaining the confidentiality of your Login Email, passwords generated from your login (“Associated Passwords”) and account information, for restricting access to your computer, and for all activities that occur under your Login Email, Associated Passwords and account. You may not share, assign or otherwise transfer your Login Email, Associated Passwords or account information to any other person or entity. You acknowledge that Kuan Advisory is not responsible for third party access to your login or account that results from theft or misappropriation of your login or account.

SNAPSHOT OF SECTION VI.B.

You agree that you’ll be the only person to access and use your login, account and passwords, and that you’re responsible for all activities under your login, account and passwords.

F. TERMINATION OF AND RESTRICTION OF ACCESS AND USE.

Kuan Advisory reserves the right, in its sole discretion, to limit, condition, modify, suspend or terminate your access to and use of Our Services, for any reason and at any time without prior notice. For example, we may suspend or terminate your use of Our Services if you are not complying with these Terms, or if you are using Our Services in a manner that would expose us to legal liability, disrupt Our Services or disrupt others' use of Our Services.

If Kuan Advisory elects to significantly change your access to or use of Our Services, Kuan Advisory may provide you with communication pursuant to Sections VI.F., VI.G and VI.H. If you have a right to a full or partial refund or credit (as determined by Kuan Advisory in its sole discretion), the communication will explicitly state so. You agree that Kuan Advisory will not be liable to you or to any third party for any limitation, condition, modification, suspension, or termination of your access to or use of Our Services.

SECTION III.
(COMMERCIAL USE OF YOUR LIKENESS)

SECTION V.
(AS-IS / DAMAGE LIMITED, INDEMNITY, ARBITRATION)

SECTION VI.
(MISCELLANEOUS)

SNAPSHOT OF SECTION VI.C.

These Terms and our Privacy Policy are governed by Delaware state law. As stated earlier, your disputes will be resolved in New York.

F. MODIFICATIONS.

Kuan Advisory, at its sole discretion, may modify these Terms at any time. Because such modification applies to everyone who accesses or uses Our Services, we will provide notice of such modification by uploading and posting the most up-to-date version on our website with an effective ‘as of’ date. The most current version of these Terms will supersede all previous versions.

Your continued access to or use of Our Services after such modifications become effective will constitute your acknowledgment of the modified Terms, and agreement to abide and be bound by the modified Terms.

If you disagree with the modified Terms, you shall refrain immediately from accessing or using Our Services and within 25 days of the stated effective ‘as of’ date of the modified Terms, send us your notice of rejection of such changes to dispute@agifalladvisory.com with (i) your contact information, (ii) the version (as of date) of these Terms being rejected, and (iii) your representation that you are refraining from accessing or using Our Services (“Notice of Disagreement”). If so, the Terms of service in effect prior to the modified Terms will govern your prior access to and use of Our Services.

Due to the nature of our services, you agree that you are not entitled to any refunds or credits even if Our Services would have allowed for a longer access or use period time unless (i) these Terms were modified after your purchase or booking, or if you are a gift recipient, after your registration, (ii) you have not attended the appointment or attempted to login to access Our Services, and (iii) you have provided Notice of Disagreement (“Refund Exception”). If you qualify for the Refund Exception, within 25 days of the stated effective ‘as of’ date of the modified Terms, send us your refund request at dispute@agifalladvisory.com with information showing that you qualify for the Refund Exception along with all relevant identifying information for the refund.

SNAPSHOT OF SECTION VI.D.

These Terms, our Privacy Policy, your acceptance of any agreements explicitly proposed by us and written agreements duly signed by both of us are the only legal agreements between you and Kuan Advisory.

G. LEGAL NOTICE.

Unless otherwise explicitly stated in these Terms or agreed to in a signed writing by Kuan Advisory, any notice relating to claims, disputes and proceedings between you and Kuan Advisory (“Legal Notice”) shall be provided as follows: (i) Legal Notice to Kuan Advisory shall be sent by certified mail with return receipt to Kuan Advisory LLC’s address for service filed with the Delaware Secretary of State; (ii) a courtesy copy of the Legal Notice to Kuan Advisory shall be sent by email to dispute@agifalladvisory.com; and (iii) because we may not have your physical mailing address, Legal Notice to you shall be sent to your email address provided to Kuan Advisory or at our election, by certified mail with return receipt to any other address Kuan Advisory is able to identify for you. If Legal Notice is provided to you by email, notice is effective at time of dispatch.

SNAPSHOT OF SECTION VI.G.

Legal Notice to Kuan Advisory shall be sent by certified mail with return receipt. We will send you legal notice to the email address you provided to us or by certified mail with return receipt.

H. OTHER NOTICE.

Other than communications described in other provisions herein (such as the notice under Section V.C., the notice and request under Section VI.F., the Legal Notice under Section VI.G., and the billing inquiries under IV.A.), all other communications to Kuan Advisory relating to these Terms will be by email to info@agifalladvisory.com. Unless explicitly provided for in other provisions, communications to you including service update notices under Section II.F. herein shall be sent to your email address provided to Kuan Advisory or any other address as Kuan Advisory identifies. If We are unable to reliably identify an email address for you, We may opt to post the communication to you on our website.

SNAPSHOT OF SECTION VI.H.

Other than disputes and billing related issues, you can contact us at info@agifalladvisory.com and other than mass communications, we can contact you at the email address that you gave to us.

I. EFFECTIVE DURATION, TERMINATION, SURVIVAL.

The effective duration of these Terms will be from earliest time that you purchased, registered, booked, accessed or used Our Services through the earliest time your right to access or use Our Services or your actual access to or use of Our Services terminates.

Notwithstanding termination, all provisions of these Terms that by their nature, should survive termination, shall survive termination of these Terms and remain in full force and effect including, but not limited to, provisions relating to intellectual property, confidentiality, non-compete, use of likeness, disclaimers of representations and liability, release and indemnity, dispute resolution, governing law, jurisdiction and venue, class action waiver and notices.

1Current as of August 24, 2022

SNAPSHOT OF SECTION VI.I.

These Terms is effective from the time you first purchased, registered, booked, accessed or used of Our Services, through the time you stopped accessing or using of Our Services. However, the parts of these terms that should continue afterward such as keeping information confidential shall continue.

C. GOVERNING LAW, JURISDICTION AND VENUE.

These Terms including Other Agreements incorporated in Section VI.D. herein and our Privacy Policy shall be governed by and construed and enforced in accordance with the laws of the State of Delaware. In accordance with Section V.C. of these Terms, you hereby consent to the exclusive jurisdiction and venue of the courts of New York in all disputes and claims arising out of or relating to these Terms, Kuan Advisory’s Services and information made available through Kuan Advisory’s Services.

D. INCORPORATION AND ENTIRE AGREEMENT.

All terms, provisions and agreements formed when Kuan Advisory explicitly proposes one or more terms in writing online and you agree to such term(s) as-is online (“Online Agreements”) and all terms, provisions and agreements in writing that are duly signed by you or your authorized representative and an authorized signatory of Kuan Advisory LLC (“Duly Signed Written Agreements”) (collectively, “Other Agreements”) are hereby incorporated herein. Online Agreements include, but are not limited to, online check box agreements and other agreements at purchase, booking, registration, login, access and account interfaces. Managing member(s) and members are authorized signator of Kuan Advisory LLC.

If any portion of the terms, provisions and agreements in these Other Agreements are inconsistent with these Terms, the inconsistent portion of the Other Agreements are severed and superceded by these Terms and the remainder of the Other Agreements remain in full effect, unless the Other Agreement(s) explicitly provide that it intends to supercede these Terms or supercede all other agreements between the parties in which case, the severability provision set forth in Section VI.E. herein shall apply.

These Terms, our Privacy Policy and if applicable, Other Agreements constitute the entire agreement between you and Kuan Advisory (“Our Agreements”), and supersede and replace any other prior or contemporaneous agreements and communications between you and Kuan Advisory. Our Agreements create no third party beneficiary rights. A printed version of Our Agreements and any notice given pursuant to Our Agreements, even if in electronic form, shall be admissible in judicial or administrative proceedings based upon or relating to Our Agreements to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that our Agreements and all related documents be written in English.

SNAPSHOT OF SECTION VI.E.

If for some reason Kuan Advisory can't enforce part of these terms, the rest of the terms will still be valid.

E. WAIVER, SEVERABILITY AND ASSIGNMENT.

Kuan Advisory's failure to enforce a provision of these Terms is not a waiver of its right to do so later or a voidance of such provision. If any provision of these Terms is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Terms will be severable and remain in full effect. You may not assign any of your rights under these Terms, and any such attempt will be void. Kuan Advisory may assign its rights to any of its affiliates, licensees, partners, subsidiaries or to any successor in interest of any business related to Our Services.

SNAPSHOT OF SECTION VI.F.

This is the most recent version of our Terms. If we change it, we will update it here. We will always post the most current terms here on our website. If you disagree with an update, stop accessing or using Our Services immediately and notify us within 25 days.