Terms of Use

The website, www.kylenampham.com, is operated by an individual, Kyle Pham (“Mr. Pham” or “I”). Mr. Pham offers this website and its content (including but not limited to all written work authored by Mr. Pham, intellectual property, information, and services) available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.

By visiting www.kylenampham.com (“the Website”), you agree to be bound by the following terms and conditions (“Terms of Use”), which apply to all users of the Website, including but not limited to users who are browsers, vendors, customers, merchants, and/or content contributors. By accessing or using any part of the Website, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services provided by Mr. Pham.

Any new features, content, or services which are added to the current iteration of the Website shall also be subject to the Terms of Use. I reserve the right to update, change or replace any part of the Terms of Use by posting updates and/or changes to the Website.

I. GENERAL CONDITIONS

I reserve the right to refuse access to the Website or service to anyone for any reason at any time.

You understand that your content may be transferred unencrypted, and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website or its content, use of the Website or its content, or access to the Website or its content, without express written permission by Mr. Pham. I am the sole owner of all content on this Website, including any and all intellectual property.

II. INTELLECTUAL PROPERTY

Mr. Pham asserts any and all intellectual property rights related to the content on the Website, which includes but is not limited to to all stories, articles, ideas, and other written work authored by Mr. Pham. In short, “intellectual property rights” refer to all rights in, to, and under copyrights, patents, trade secrets, trademarks, service marks, trade dress, and similar rights of any type under the laws of any governmental authority.

By accessing the Website, you agree to recognize Mr. Pham’s ownership of the content on the Website and you agree in perpetuity to abstain from infringing Mr. Pham’s intellectual property rights associated with any and all content on the Website. Accordingly, you shall not raise any legal claims related to Mr. Pham’s intellectual property rights associated with the content on the Website.

III. WEBSITE INFORMATION

Mr. Pham is not responsible if information made available on the Website is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. I reserve the right to modify the contents of the Website at any time, but have no obligation to update any information on the Website. Any reliance on the contents of the Website is at your own risk.

IV. THIRD-PARTY CONTENT

Certain content and services available via the Website may include materials form third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with Mr. Pham.

Mr. Pham is not responsible for examining or evaluating the content or accuracy and I 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. I am 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.

V. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

In the event that you send any submissions (including but not limited to creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise), you agree that Mr. Pham may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use such submissions in any medium. I am and shall be under no obligation to maintain any submissions in confidence, to pay compensation for any submissions, or to respond to any submissions.

Mr. Pham may, but has no obligation to, monitor, edit or remove content that he determines in his sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of my services or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any submissions you make and their accuracy. Mr. Pham takes no responsibility and assume no liability for any comments posted by you or any third party.

VI. PERSONAL INFORMATION AND PRIVACY

Any of your personal information submitted through the Website shall be used lawfully. When you visit the Website, certain information about your device and interaction with the Website may be collected. Additional information may also be collected if you contact Mr. Pham. After contacting Mr. Pham, your personal information may be retained as needed unless and until you ask us to erase such information.

VII. ERRORS, INACCURACIES, AND OMISSIONS

Mr. Pham reserves the right to correct any errors, inaccuracies, or omissions, as well as the right to change and update information as needed for any content on the Website and any services performed for you.

Mr. Pham undertakes no obligation to update, amend or clarify information in the Website or on any related website, except as required by law. No specified update or refresh date within the Website or on any related website, should be taken to indicate that all information in the Website or on any related website has been modified or updated.

VIII. PROHIBITED USES

In addition to other prohibitions as set forth in these Terms of Use, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate Mr. Pham’s intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, Mr. Pham’s services, any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet. I reserve the right to terminate your use of the Website, any related website, or my s services for violating any of the prohibited uses.

IX. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Mr. Pham and any subsidiaries, affiliates, agents, partners, contractors, licensors, service providers, and subcontractors 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 Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

X. SEVERABILITY

In the event that any provision of the Terms of Use 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 Use. Such determination(s) shall not affect the validity and enforceability of any other remaining provisions.

XI. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. The Terms of Use are effective unless and until terminated by either you or Mr. Pham. You may terminate these Terms of Use at any time by notifying Mr. Pham and ceasing use of the Website.

If you fail, or I suspect that you have failed, to comply with any term or provision within the Terms of Use, Mr. Pham may terminate this agreement at any time without notice and you shall remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to Mr. Pham’s services (or any part thereof).

XII. DISCLAIMERS AND LIABILITY

I do not guarantee, represent, or warrant that your use of the Website and/or my services will be uninterrupted, timely, secure, or error-free.

I do not warrant that the results that may be obtained from the use of the Website and/or my services will be accurate or reliable.

You agree that I may remove any part of the Website and/or my services for indefinite periods of time without notice.

You expressly agree that your use of, or inability to use, the Website and/or Mr. Pham’s services is at your sole risk. All services delivered to you are (except as expressly stated by Mr. Pham) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Mr. Pham (including subsidiaries, affiliates, agents, partners, contractors, licensors, service providers, and subcontractors) be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from your use of any part of the Website or any services, or for any other claim related in any way to your use of the Website or my services. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Mr. Pham’s liability shall be limited to the maximum extent permitted by law.

XIII. GOVERNING LAW

The Terms of Use and any separate agreements whereby Mr. Pham provides services to you shall be governed by and construed in accordance with the laws of Washington, DC, USA or, in the alternative, Michigan, USA.

XIV. ENTIRE AGREEMENT

The failure of Mr. Pham to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use and any policies or operating rules posted by us on or in relation to the Website constitutes the entire agreement and understanding between you and Mr. Pham and govern your use of the Website and Mr. Pham’s services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Mr. Pham.

Any ambiguities in the interpretation of the Terms of Use shall not be construed against Mr. Pham.