Please read this terms of use and conditions agreement (“Terms of Use”, “Terms and Conditions“, “Agreement“) carefully before using the www.elaineshui.com website (“website”, “service”) operated by Elaine Hui (“Company”, “us”, “we”, “our”). 

The term “you” refers to anyone who uses, visits and/or views the website.    

The website provides general educational information on various topics, which should not be construed as, substituted for, or used in placed of, professional, medical/health, financial, real estate, tax, legal or other advice.  

All views and opinions expressed on the website are our personal views and opinions only and are for entertainment and informational purposes only.  We do not make any representations as to the authenticity or fullness of any information. 

Should you decide to act upon any information on this website, you do so at your own risk. 

By visiting, accessing, downloading, installing or using the website, you agree to be bound by these Terms of Use (as they may be amended from time to time) and our Disclaimers and Privacy Policy (as each may be amended from time to time), which you acknowledge that you have read and understood. Our Disclaimers and Privacy Policy are expressly incorporated into this Agreement by this reference. 

We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms of Use at any time. You must review these Terms of Use on a regular basis to keep yourself informed of any changes. 

Your continued use of the website and our programs, products and/or services constitutes your acceptance of future changes and updates to these Terms of Use. You must not access or use our website if you do not wish to be bound by these Terms of Use. 

By using this website, you certify that you have read, reviewed and understood the Terms of Use and that you agree to comply with the Terms of Use. If you do not wish to be bound by the Terms of Use, you are advised to stop using the website. We only grant use of and access to this website and its programs, products and services to those who have accepted our Terms of Use. 

We respect your privacy and permit you to control the treatment of your personal information. A complete statement of our current Privacy Policy is found here.  

You must be at least eighteen (18) years of age before you can use this website. By using this website, you warrant that you are least eighteen (18) years of age and you may legally adhere to the Terms of Use. We assume no responsibility for liabilities related to age misrepresentation. 

You agree that all materials, programs, products and services provided on this website (including all copyrights, trade secrets, trademarks, patents and other intellectual property) are the property of Company and/or its affiliates, associates, directors, officers, employees, agents, suppliers or licensors.  

You also agree that you will not in any way reuse, republish, reproduce, reprint or distribute Company’s intellectual property, including electronic, digital or new trademark registrations, without written consent from Company. 

You grant Company a royalty-free and non-exclusive license to display, use, copy, transmit and broadcast the content you upload and publish on this website. For issues regarding intellectual property claims, you should contact hello@elaineshui.com. 

When accessing the website or using the service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the website or service is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content (collectively, “Content”) in violation of any third-party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that your use of any Content does not violate any laws or third-party rights rests solely with you. 

As a user of this website, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password. If you think there are any possible issue regard the security of your account on the website, inform us immediately so we may address it accordingly. We reserve all rights to terminate accounts, edit or remove content and cancel orders at our sole discretion. 

You grant us a license to use the materials you post to the website or service. By posting, downloading, displaying, performing, transmitting or otherwise distributing information or other content (“User Content”) to the website or service, you are granting to Company, its affiliates, associates, directors, officers, employees, consultants, agents and representatives a license to use User Content in connection with the operation of the internet business of Company,  including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User Content. You will not be compensated for any User Content. You agree we may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the website or service, you warrant and represent that you own the rights to the User Content or are authorized to post, distribute, display, perform, transmit or otherwise distribute User Content. 

You agree not to upload, download, display, perform, transmit or otherwise distribute any Content that: (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state or provincial, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. We reserve the right to terminate your receipt, transmission or other distribution of any such material using the service and, if applicable, to delete any such material from servers. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws. 

You expressly waive your right to bring any legal claims, now or in the future, arising out of or related to the website and our programs, products and/or services. In the event of any dispute, claim or controversy arising out of or relating to your use of the website, the Terms of Use shall be construed in accordance with the laws, rules and regulations of the Province of British Columbia and Canada. You agree to consent and submit to the jurisdiction of the provincial and federal courts without regard to the principles of conflict of law or where the parties are located at the time a dispute arises.  

You agree to resolve any disputes or claims first through mandatory arbitration in the Province of British Columbia and shall bear the full cost of arbitration as permitted by law. Your good faith participation in arbitration is a condition precedent to pursuing any other legal or equitable remedies available such as litigation or any other legal procedure. You also agree that in the event a legal claim is initiated after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs associated with the legal action. 

OUR LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.  

You agree that under no circumstances, Company and/or its officers, employees, successors, shareholders, joint venture partners or anyone else working for Company shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages arising out of, in connection with or resulting from your use of the website, including but not limited to all the content, information, programs, products, services and graphics provided by Company. 

You expressly agree that your use of the website is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, outcome of your actions, personal and business results, and for all other use in connection with the website. 

You also expressly agree that Company and/or its officers, employees, successors, shareholders, joint venture partners or anyone else working for Company shall not be liable to you for any damages resulting from: (1) any errors or omissions on the website, delay or denial of any programs, products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information and any other system failures; (2) any loss of income, use, data, revenue, profits, business or any goodwill related to the website; (3) any theft or unauthorized access by a third party of your information from the website regardless of our negligence; and (4) any use or misuse of the information, programs, products and/or services offered on the website.

This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented on the website, and you accept that no particular results are being promised to you on the website. 

You agree to indemnify, defend and hold Company and/or its affiliates, associates, officers, directors, employees, consultants, agents, representatives, successors, shareholders, joint venture partners or anyone else working for Company harmless from all losses, claims, damages, demands, actions, suits, proceedings and/or judgments, including costs, expenses and reasonable attorney fees (collectively, “Liabilities”), assessed against or otherwise incurred by you arising, in whole or in part, from: (a) actions or omissions, whether done negligently or otherwise, by you and/or, your agents, directors, officers, employees or representatives; (b) all your actions and/or use of the website, including purchasing programs, products and services; (c) violation of any laws, rules, regulations or ordinances by you; (d) violation of any terms and conditions of the website by you or anyone related to you; or (e) infringement by you or any other user of your account of any intellectual property or other rights of anyone.  

We will notify you promptly of any such claim, loss, liability or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost. We reserve the right to defend such claim, loss, liability or damage at your expense, in which case, you shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such claims. 

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other Terms of Use and conditions will remain unaffected and be in full force and effect. No waiver or any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. 

Nothing contained on the website should be understood as granting you a license to use any of the trademarks, service marks, logos or other intellectual property owned by Company or by any third party. 

ALL CONTENT, INFORMATION, PROGRAMS, PRODUCTS AND/OR SERVICES ON THE WEBSITE ARE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PROGRAMS, PRODUCTS AND/OR SERVICES PROVIDED ON THE WEBSITE. WE MAKE NO WARRANTIES THAT THE WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED ON THE WEBSITE WILL BE COMPLETE, CURRENT OR ERROR-FREE. WE DISCLAIM ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.