By establishing a membership with Justin Huynh and/or purchasing Justin Huynh products, you agree to be bound by this Agreement.  This Agreement is made between Justin Huynh and the Client (defined in section 1). This agreement is intended to outline the responsibilities of the parties with regard to services to be provided by Justin Huynh.

CLIENT UNDERSTANDS AND AGREES THAT THE FOLLOWING CONTRACT SHALL BECOME IMMEDIATELY EFFECTIVE UPON THE PAYMENT BY CLIENT OF THE REQUIRED FEE (OR COMPLETING CHECKOUT FOR FREE PRODUCTS) FOR ANY JUSTIN HUYNH PRODUCT. Justin Huynh reserves the right to reject or remove any client in Justin Huynh’s sole discretion. Client agrees to abide by the terms and conditions of this Agreement, and all other Justin Huynh terms and conditions published on it’s website, and client understands changes may be made at the discretion of Justin Huynh. Justin Huynh shall alert clients of changes to this Agreement.

1. Definitions

Throughout this Agreement, the following terms shall be defined as follows whether said terms are capitalized for not.

Product: Products are defined as the physical goods, services, digital resources, processes, technologies, software, or any other intellectual or physical property provided by Justin Huynh to Client, prospective clients, or the public.

Transactional Product: Justin Huynh Products which are paid for with a single transaction or with a specified number of transactions over a limited time period.

Membership Product: Justin Huynh Products which are paid for through an ongoing fee, whether monthly, quarterly, or annually.

Client: The person, persons, or business who establishes membership, purchases, or uses Justin Huynh’s products, website, membership platform, technologies, or other paid services.

Checkout: Checkout is defined as what is customarily understood as “checkout” in ecommerce, generally the final stage of the purchase process when the consumer verifies the transaction and immediately after-which the consumers card is charged or other payment happens.

Financial Coaching Client: A person or family which the Client services, coaches, advises, or provides budgeting, debt management, and other financial coaching services or physical goods to; or a prospective person the Client wishes to provide said services or physical goods to; or the general public to which the Client advertises or other promotes to. This is the customer of the Client and the public the Client promotes to.

2. Products Provided

In consideration for payment, Justin Huynh agrees to provide Client with products designed to educate, guide, and assist Client financial education and coaching as defined, (1) Transactional Products and (2) Membership Products.

Transaction Products

Transactional Products may include, but are not limited to, training courses, eBooks, coaching or advising sessions, conferences, physical books, professional services, business services, and webinars. Purchase of Transactional Products is final and no refunds are available once the product is delivered to the client. Justin Huynh may, at its sole discretion, offer refunds to individuals under extraordinary circumstances. 

3. Confidentiality

All information and advice furnished by either Justin Huynh or Client to the other, including respective agents and employees, shall be treated as confidential and shall not be disclosed to third parties except as required by law or by regulation, ruling or order issued pursuant to law. With Client’s permission, Justin Huynh may share nonpublic personal information to service providers involved with the administration and servicing of the client’s, which may include Justin Huynh business partners, strategic alliances, technology vendors, or other outside persons or entities providing services to Justin Huynh or its Clients or Client’s attorneys, accountants, auditors, and other professionals.

Client acknowledges and agrees that Justin Huynh has developed or acquired certain unique techniques, procedures, sales methods, other business methods and practices, and products, including but not limited to, Justin Huynh’s business model, software, training materials, audio and video recordings, promotional materials, logo or name and products, materials and discussions available on Justin Huynh’s membership site or internal sites (the Intranet), which are not generally known to the public and are confidential in nature, and which are and will continue to be of great and unique value to Justin Huynh.  Client has acquired limited rights to use such confidential information pursuant to the terms of this Agreement and Justin Huynh’s other terms and conditions listed on their website. This confidential information shall not include information that (i) is or becomes generally available to the public at large or to other professionals in the same or similar business as Justin Huynh other than as a result of disclosure in violation of this Contract, (ii) is available to Client on a non-confidential basis from a source other than Justin Huynh, or (iii) was known to Client on a non-confidential basis prior to its disclosure to Client by Justin Huynh.

Client agrees that all such confidential information he or she has acquired or will acquire as a result of his or her use of in Justin Huynh products will be kept and maintained as confidential, in complete secrecy, except to the limited extent necessary to render advice to coaching clients or as otherwise provided in this Agreement. Client agrees not to copy, duplicate or store on computer files any of the confidential information which may be disclosed to Client and shall not permit any other person to do so, except as expressly allowed under this Agreement or as required by law. The terms of this provision shall survive termination of this Contract.

Documents, templates, articles, advertising, and other resources marked as “for distribution to financial coaching clients” may be used and shared by the Client to their clients, prospects, and public provided the document, template, article, advertising, or other resources are used for their intended purposes and in an unaltered way save for the addition of the Client’s logo, brand name, website, and other contact information.

In the event Client breaches this Confidentiality provision, Justin Huynh shall be entitled, in addition to all other remedies available to it at law or in equity, to equitable relief, including specific performance and injunctive relief to enforce and provision hereof and to restrain Client from using or disclosing, in whole or in part, directly or indirectly, any confidential information. Member agrees that, in addition to other costs and damages resulting from a breach of these provisions, he or she shall pay Justin Huynhs attorneys’ fees and expenses.

Upon any termination set forth in this Agreement, Client agrees to immediately cease using and to promptly return to Justin Huynh any and all products and materials provided to Client by Justin Huynh, including but not limited to software, audio and video recordings, manuals, products and materials obtained from Justin Huynh’s Intranet and any other written or electronic materials.  Client agrees to immediately cease the use of any all Justin Huynh intellectual property or other intellectual property provided by Justin Huynh. In the event Client fails to comply with this provision, Justin Huynh shall be entitled to any and all remedies at law or in equity available to it, including but not limited to injunctive relief and indemnification as provided in this Agreement.

4. Services Not Provided

Justin Huynh products do not include personal financial planning services for the Client. Excluded services include personal budgeting, investing, retirement planning, tax planning, insurance planning, and other personal finance services.

Client may receive education and other resources on legal risks, accounting, or tax planning, but will not receive legal, accounting, nor tax advice. Justin Huynh does not provide tax nor legal advice. We recommend you consult with your tax and/or legal advisor for such guidance.  Justin Huynh is not qualified to prepare accounting or legal documents for the implementation of recommendations, which includes but is not limited to legal advice, opinions, determinations, documents, or tax returns and accounting documents.

The Client takes full responsibility on behalf of themselves and their business to ensure the provisions of their legal documents, policies and procedures, accounting documents, or any other document for which Justin Huynh has provided a template, are adapted in a manner to apply to the specifics of their business, comply with applicable state and federal laws, and address all areas mandated by the Client’s state or federal regulators.

Justin Huynh provides templates and other resources to Clients as nothing more than a guide for assistance in the process of drafting the Client’s own documents.

Justin Huynh has only provided templates, and any document is not intended to be the final document. Justin Huynh is not to be held liable in the instance that any information therein be deemed insufficient or misleading by the courts or other governmental agencies, auditors, consumers of the Client’s products, or any other third-party associated with the Client. 

Justin Huynh assumes no responsibility for assuring that any document is subsequently implemented or adequately monitored, as that is the responsibility of the Client and no representative of Justin Huynh shall be present during any legal proceeding, audit or other proceeding or meeting to speak on behalf of the Client regarding the items within these documents.

5. Fees and Termination of Services

Payment of Fees

Fees shall be paid by electronic transfer through a system set up by Justin Huynh.

Transactional Product fees are charged in advance of delivery of the product and are nonrefundable. Fees are disclosed to Client on Justin Huynh’s product page and at checkout prior to final purchase of the product.

Membership Product fees are charged monthly in advance, or on a schedule determined by Justin Huynh and Client at time of product checkout. Fees are disclosed to Client on at checkout prior to final purchase of the product. Service may be terminated with written notice at least 30 calendar days in advance. Since fees are paid and earned within the 30-day cancellation window, no rebate will be needed upon termination of the service.

Annual Fee Adjustment

Membership Product fees are subject to change annually or at the discretion of Justin Huynh. Client understands and agrees that Membership Product fees shall automatically adjust for inflation and increase at an annual rate of 3% to pay for increasing costs associated with providing Justin Huynh products. Fees shall adjust in January for all clients and shall adjust regardless of the length the Client’s membership.

When additional fees adjustments are implemented for Membership Products, the Client shall be informed of the adjustment and the rationale for the adjustment at least 30-days prior to the change in fees. The Client continuing their use of the product or payment for the product 30-days after the fee adjustment shall constitute an agreement to the increasing fee.

6. Modifications & Assignment

This agreement may be modified only by a written agreement signed by both parties. This agreement shall be in force until Client or Justin Huynh cancels the engagement in the manner outlined in this Agreement or until the completion of the work agreed upon in this Agreement. This Agreement is not assignable by the Client without the advance written consent of Justin Huynh.

7. Arbitration

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration, in accordance with the commercial arbitration rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

ARBITRATION OPT OUT:

You may opt out of arbitration by sending a letter, within 60 days of signing this contract, clearly stating your desire to opt out of binding arbitration and including your name, address, and phone number to:

justindamhuynh@gmail.com

8. Indemnification

Client agrees to full cooperation to supply Justin Huynh with complete, truthful and timely information when necessary for Justin Huynh to provide its Product to Client and Client agrees they are solely responsible for the implementation of Justin Huynh Products including seeking appropriate legal, tax, and other professional advice in implementation. Client agrees to indemnify and hold harmless Justin Huynh, its owners, officers, directors, employees, agents, successors and assigns (collectively “Justin Huynh Indemnified Parties”) from any and all liability that may be incurred by Justin Huynh as a result of its providing advice, management services, templates, education, or other Justin Huynh Products to Client pursuant to the terms of the agreement and shall reimburse Justin Huynh for reasonable attorney’s fees or costs resulting from any claim or litigation.

Client  agrees to indemnify and hold harmless Justin Huynh Indemnified Parties from and against any and all claims, demands, judgments, orders, losses, damages, costs, charges, liens, debts, fines, or penalties, including attorneys’ fees and consultant fees, arising from or relating to a breach of any of the provisions of this Agreement by Member, or Client’s use of Justin Huynh Products; provided the indemnified actions do not constitute gross negligence, willful misconduct or material breach of the Agreement on the part of Justin Huynh.  The terms of this provision shall survive termination of this Agreement.

Client agrees to indemnify and hold harmless the Justin Huynh Indemnified Parties from and against any and all claims, demands, judgments, orders, losses, damages, costs, charges, liens, debts, fines, or penalties, including attorneys’ fees and consultant fees, arising from or relating to the Client’s service work to or other interaction or communications with Financial Coaching Clients. Client’s businesses and services are entirely independent of Justin Huynh and any claims arising from their actions as coaches are not the responsibility of Justin Huynh and Client indemnify Justin Huynh against any costs arising from legal actions they incur for themselves.

9. Governing Law

This agreement shall be governed by the laws of California without regard to conflict of law principles. This agreement contains all the understanding of the parties as to this agreement. The sole place of venue for any lawsuit or legal action arising from this agreement shall be San Joaquin County, California. For purposes of any action brought as a result of this Agreement, the Clients use of Justin Huynh Products, or any other action between the parties, the parties hereby consent to, submit to the personal jurisdiction of and waive any objection to, the exclusive jurisdiction of state court in San Joaquin County, California, and the United States District Court for the District of California. The parties further consent to and waive any objection that venue of any action brought as a result of this Agreement or the Clients use of Justin Huynh Products is proper in the above jurisdictions.

10. Additional Contracted Products

Justin Huynh may provide additional Products to clients under a separate agreement and fee and may provide these Products through contracted third-parties. In the event of ambiguity or conflict between this agreement and the separately contracted product agreement, the parties agree that any such ambiguities or conflicts shall be interpreted in Justin Huynh’s favor.

11. Miscellaneous

1. Headings are given to the Sections and subsections of the Agreement solely as a convenience to facilitate reference.

2. Such headings shall not be deemed in any way material or relevant to the construction or interpretation of the Agreement or any provision thereof.

3. No change or modification of this Agreement shall be valid or binding upon the parties unless the change or modification is in writing and signed by the parties. Notwithstanding the preceding sentence, Justin Huynh may amend the Agreement to the extent permitted by the Agreement.

4. The parties acknowledge that this Agreement sets forth the entire understanding and agreement of the parties and supersedes all previous understandings, discussions, or negotiations between the parties, written or oral, regarding the Agreement or Justin Huynh Products. Client acknowledges and certifies that Client has carefully read and understands this Agreement and Client has had the opportunity to have the agreement reviewed by legal counsel and negotiate the terms of the Agreement.

5. If one or more of the provisions of this Contract shall be held invalid, illegal or unenforceable, the remaining provisions shall not in any way be affected or impaired thereby. In the event any provision is held illegal or unenforceable, the parties shall use reasonable efforts to substitute a valid, legal or enforceable provision which, insofar as is practical, implements the purposes of the provision held invalid, illegal and unenforceable.

6. Failure at any time to require performance of any of the provisions herein shall not waive or diminish a party’s right thereafter to demand compliance therewith or with any other provision. Waiver of any default shall not waive any other default.  A party shall not be deemed to have waived any rights hereunder unless such waiver is in writing and signed by a duly authorized officer of the party making such waiver.

7. To the maximum extent permitted by applicable law, in no event shall Justin Huynh be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption or loss of business information) arising out of this Agreement of Client’s use of Justin Huynh Products, including, but not limited to, the use of or inability to use the Products, even if Justin Huynh has been advised of the possibility of such damages.

8. Any notice, request, instruction, or other document to be given hereunder shall be in writing and delivered personally or sent by first class mail, postage prepaid, addressed, if to Justin Huynh, to the following:

justindamhuynh@gmail.com

And, if to the Client, to the address listed when purchasing Justin Huynh Products.

While we aim to maintain accurate information on this website, blog, e-mails, programs, services, and products, all information is used for educational and informational purposes only, and accuracy of information is not guaranteed. Justin D. Huynh, justindhuynh.com, nor its subsidaries do not accept any liability for errors or omissions of information supplied in this editorial. You acknowledge that you are voluntarily participating in the use of website, blog, e-mails, programs, services, and/or products, and you, alone, are solely and personally liable for results. You acknowledge that you are taking full responsibility for your finances and well-being, as well as the finances and well-being of your family and children (born and unborn, as applicable), and all decisions now or in the future. 

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Justin D. Huynh is not a Registered Investment Adviser. Our services is to support and assist you in reaching financial goals by means of education and information. We cannot and do not guarantee that you will attain a particular result, and you accept the risk that results from the use of website, blog, e-mails, programs, services, and products. As with any coaching services, your results may vary and will be based on many variables, including but not limited to, your individual capacity, life experience, unique health and genetic profile, starting point, expertise, and level of commitment. 

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Because Justin D. Huynh is not a Registered Investment Adviser as defined by the SEC and the State of California, our role is to educate clients on finances, but do not advise nor manage investments of clients. You are solely liable for any investment decisions you make. With any investments, there are risks involved, which could include losing capital. You acknowledge that you take part in these risks and you release us from any liability for any investment decisions you make. 

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By using this website, blog, e-mails, services, products, and/or any program rendered by Justin D. Huynh, you implicitly signify that your agreement to all parts of the above disclaimer. 

Effective date: July 08, 2018

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Justin D. Huynh ("us", "we", or "our") operates the https://justinhuynh.com website (the "Service"). The Service also includes, but is not limited by services offered by us such as, but not limited to Mentorship, Financial Education Courses, and blogs.

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. 

INFORMATION COLLECTION AND USE

We collect several different types of information for various purposes to provide and improve our Service to you.

TYPES OF DATA COLLECTED

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

• Email address

• First name and last name

• Phone number

• Address, State, Province, ZIP/Postal code, City

• Cookies and Usage Data

Other than Cookies and Usage Data, other identifiable information is inputted by the user during purchases or donations and such input means that you agree to this policy. 

Usage Data

We may also collect information how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier.

Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

• Session Cookies. We use Session Cookies to operate our Service.

• Preference Cookies. We use Preference Cookies to remember your preferences and various settings.

• Security Cookies. We use Security Cookies for security purposes.

USE OF DATA

Justin D. Huynh uses the collected data for various purposes:

• To provide and maintain the Service

• To notify you about changes to our Service

• To allow you to participate in interactive features of our Service when you choose to do so

• To provide customer care and support

• To provide analysis or valuable information so that we can improve the Service

• To monitor the usage of the Service

• To detect, prevent and address technical issues

TRANSFER OF DATA

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Justin D. Huynh will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

DISCLOSURE OF DATA

LEGAL REQUIREMENTS

Justin D. Huynh may disclose your Personal Data in the good faith belief that such action is necessary to:

• To comply with a legal obligation

• To protect and defend the rights or property of Bearded Dragon Obsession

• To prevent or investigate possible wrongdoing in connection with the Service

• To protect the personal safety of users of the Service or the public

• To protect against legal liability

SECURITY OF DATA

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

SERVICE PROVIDERS

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

ANALYTICS

We may use third-party Service Providers to monitor and analyze the use of our Service.

• Google Analytics

  • Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

  • You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

  • For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

ADVERTISEMENTS AND AFFILIATION

We may use third-party Service Providers to monetize the website and recommend products within our Service. 

• Amazon Affiliate

  • Amazon Affiliate is a program that allows users to advertise certain products. We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.

LINKS TO OTHER SITES

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

CHILDREN'S PRIVACY

Our Service does not address anyone under the age of 18 ("Children").

We do not knowingly collect personally identifiable information from anyone under the age of 18.

If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

CHANGES TO THIS PRIVACY POLICY

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

CONTACT US

If you have any questions about this Privacy Policy, please contact us.