Terms and Conditions
Last Updated: January 13, 2023
Welcome to www.yerinmok.com (the “Website”), owned and operated by Ye Rin Mok (“Ye Rin Mok,” “we,” “us,” or “our”). The recipient of this information is assumed to be the consumer of any Ye Rin Mok services, as an individual, entity, or otherwise, and is hereinafter referred to as “you” or “your”. Except as otherwise noted herein, these terms and conditions (the “Terms”) govern your use of the Website and Ye Rin Mok's services, applications, and content (collectively, the “Site”) and your purchase, receipt, or use of our products (collectively, the “Products”).
Please read these terms carefully because your use of the site or purchase of the service constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, do not access or use the site, or purchase, receive or use our service.
These terms contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
Ye Rin Mok reserves the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will provide notice of such changes by providing notice through the Site or in certain cases via email. By continuing to access or use the Site in any way after such notice has been provided, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site or order, receive or use the Service. If you do not agree to the revised Terms, you are free to reject them, but in that case you may not access or use the Site or order, receive or use the Service.
- Security Rules. Violations of system or network security may result in civil or criminal liability. Ye Rin Mok investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following: (i) accessing data not intended for you or logging on to a Ye Rin Mok server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt); (iii) attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “email bombing” or “crashing” the Site; and (iv) forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site.
- Prohibited Uses; Access. The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing Products, providing information to the Site and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications to the Site. Ye Rin Mok specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following: (i) posting any information that is incomplete, false, inaccurate or not your own; (ii) engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation, or that would fail to comply with accepted Internet protocol; (iii) communicating, transmitting or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the irrevocable permission of the owner to post it; (iv) communicating, transmitting or posting material that (a) reveals trade secrets, unless you own them or have the irrevocable permission of the owner, (b) infringes on any other intellectual property, privacy or publicity right of another, or (c) is in violation of applicable laws or regulations; (v) communicating, transmitting or transferring (by any means) information or software derived from the Site to foreign countries or certain foreign nations in violation of any applicable export control laws; or (vi) attempting to interfere in any way with the Site’s or Ye Rin Mok’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages (collectively, “Materials and Content”), is Ye Rin Mok’s property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the Site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of Ye Rin Mok. Notwithstanding the foregoing, we encourage you to re-post and share Materials and Content that we post on our official social media channels from time-to-time, unless explicitly stated otherwise. We grant you a personal, limited, nonexclusive, nontransferable license to access the Site and to use the information and services contained therein solely for your personal, noncommercial use as described below. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
- Proprietary Rights. As between you and Ye Rin Mok, Ye Rin Mok is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The Ye Rin Mok logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, the “Intellectual Property”) are owned by Ye Rin Mok and may be registered in the United States and internationally. You agree not to display or use the Intellectual Property in any manner without Ye Rin Mok’s prior written permission. Nothing on the Site should be construed to grant any license or right to use any of the Intellectual Property without the prior written consent of Ye Rin Mok. Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by Ye Rin Mok. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site, including, without limitation, all site design, text, graphics, interfaces and the selection and arrangements of such is protected by law, including, but not limited to, copyright law.
- California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please either send an email to firstname.lastname@example.org Residents of California may contact the California Department of Consumer Affairs Division of Consumer Services, Complaint Assistance Unit by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
- Disclaimers and Limitations of Liability.
- Ye Rin Mok publishes information on its Site as a convenience to its visitors. While Ye Rin Mok attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The products and services described on the Site may not be available in your region. Ye Rin Mok does not claim that the information on the Site is appropriate to your jurisdiction or that the products and services described on its Site will be available for purchase in all jurisdictions.
- You assume all responsibility and risk with respect to your use of the service and site, which are provided on an “as is” and “as available” basis. Ye Rin Mok disclaims all warranties, conditions, representations and endorsements of any kind, either express or implied, with regard to information accessed from or via the site, including, without limitation, all materials and content, functions, service and products provided on the site, which are provided without warranty of any kind, including, but not limited to, any warranties concerning the availability, accuracy, completeness, usefulness or content of information, uninterrupted access and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. Ye Rin Mok does not warrant that the site or its function or the materials and content or the products made available thereby will be timely, secure, uninterrupted or error-free, or that defects will be corrected. Ye Rin Mok makes no warranty that the site will meet users’ expectations or requirements. No advice, results or information, or materials whether oral or written, obtained by you through the site shall create any warranty not expressly made herein. If you are dissatisfied with the site, your sole remedy is to discontinue using the site. Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and you will be solely responsible for any damage that results from the download of any such material. This limitation of liability may not apply to all users and may be limited by applicable law, and certain users may have additional rights not expressed herein.
- Ye Rin Mok makes no warranties of any kind regarding any sites not controlled by Ye Rin Mok to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Ye Rin Mok makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such sites not controlled by Ye Rin Mok. Ye Rin Mok does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
- To the fullest extent permitted by applicable law, in no event shall Ye Rin Mok, its affiliates or any of their respective members, managers, officers, employees, agents or content or service providers be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from or in any way related to the use of, or the inability to use, or the performance of the site or the order, receipt or use or misuse of any product or the materials and content or functionality on or accessed through the site, including, without limitation, loss of revenue, or anticipated profits, or lost business, data or sales or any other type of damage, tangible or intangible in nature, even if ye rin mok or its representative or such individual has been advised of the possibility of such damages and regardless of whether such damages were foreseeable. To the fullest extent permitted by applicable law, in no event shall the maximum aggregate liability of Ye Rin Mok and the other Ye Rin Mok parties (jointly) arising out of or in any way related to (a) the order, receipt or use of the service purchased from the site exceed the amount paid for such service; and (b) the access or use of the site or content, exceed the greater of $100 or the amount you paid to us in the one (1) month period immediately preceding the date on which your claim arose. The foregoing limitations shall apply even in the event your remedies hereunder fail of their essential purpose, and the foregoing shall constitute ye rin mok and the other ye rin mok parties’ sole liability and obligation in respect hereof, regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), strict product liability or any other legal or equitable theory. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
- Indemnity. You agree to indemnify and hold Ye Rin Mok, its managers, members, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including actual outside attorneys’ fees and court costs, in any way arising from, related to or in connection with your use of the Site, your violation of these Terms, your misuse of the Service or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information, materials or User Content you provide infringes any third-party proprietary right. You further agree to reimburse Ye Rin Mok, within thirty (30) days of each demand for reimbursement, for any and all costs, liabilities, expenses, fees, fines, professional fees and other amounts paid or incurred by Ye Rin Mok (or such other indemnitee) in connection with the foregoing indemnity.
- Governing Law and Disputes. The parties agree that these terms, any sales thereunder, and/or any claim, dispute or controversy (whether in contract, tort or otherwise) between you and ye rin mok arising from or relating to these terms, use of the service, its interpretation or the breach, termination or validity thereof, the relationships that result from these terms, ye rin mok's advertising, or any related purchase shall be governed by the laws of the state of California, without regard to conflicts of law.
- Dispute Resolution and Binding Arbitration. You and Ye Rin Mok are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and Ye Rin Mok its members, managers, agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase arising from or relating in any way to your purchase of the Service, your use of the Site, these Terms, its interpretation or the breach, termination or validity thereof, the relationships that result from these Terms (including relationships with third parties who are not signatories to these Terms), Ye Rin Mok’s advertising or any related purchase shall be resolved exclusively and finally by binding arbitration. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or these Terms is void, voidable or otherwise invalid. The arbitration shall be administered by the American Arbitration Association (AAA) or JAMS (or a substitute forum if both are unavailable). Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. Consumer claimants (individuals whose transaction is intended for personal, family or household use) may elect to pursue their claims in small-claims court rather than arbitration. The arbitration or small-claims court proceeding will be limited solely to the customer’s individual dispute or controversy. You agree to arbitration on an individual basis. In any dispute, Neither you nor Ye Rin Mok shall be entitled to join or consolidate claims by or against other customers/users, or arbitrate or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity.If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be class arbitration). The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Payment for all filing, administration and arbitrator fees will be governed by the rules of the applicable arbitration administrator, provided, that Ye Rin Mok will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. If you prevail on any claim that affords the prevailing party statutory attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. Information on AAA or JAMS and their applicable rules are available at the following numbers and URLs: (i) American Arbitration Association: (800) 778-7879, www.adr.org; and (ii) JAMS: (800) 352-5267, www.jamsadr.com. If for any reason a claim proceeds in court rather than in arbitration each of you and Ye Rin Mok waive any right to a jury trial. Moreover, each of you and Ye Rin Mok both agree that either party may bring suit in court to enjoin infringement or misuse of intellectual property rights.