Terms of Service

 

Tayo Terms of Service

 

These Terms of Service (Version 1) are effective October 15, 2020.

 

These Terms of Service (“Terms”) govern your access to and use of our website (“the Site”) and services.  The terms “we,” “us,” and “FYLPRO” refer to the Filipino Young Leaders Program, a Nevada not-for-profit corporation located at 123 W. Nye Lane Ste. 129, Carson City, NV 89706.  The terms “you” and “your” refer to users of our Site and services that access, browse, crawl, scrape, or in any way use the Site.  By using the Site, you are agreeing to these Terms and concluding a legally binding contract with FYLPRO.  Do not access or use the Site if you are unwilling or unable to be bound by the Terms.  

 

We may revise these Terms from time to time. The most current version of the Terms will be located here. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. By continuing to access or use the Site after those changes become effective, you agree to be bound by the revised Terms.

 

Site Use

 

Eligibility

To access or use the Site (www.tayohelp.com), you must be the age of legal majority in your place of residence and have the requisite power and authority to enter into these Terms. You may not access or use the Site if we have previously banned you from the Site or closed your account.

 

Site Availability

The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. You are responsible for the software, hardware and Internet service needed to access and use the Site. If you access and use the Site on your smartphone, tablet or other mobile device (“Mobile Device”), you are solely responsible for any and all data and other fees related to use of the Site through your Mobile Device.

 

Communications from FYLPRO

By submitting your contact information, such as an email address, you agree to receive certain communications from FYLPRO in connection with the Site and its services.  You can opt out of non-essential communications by clicking on the “unsubscribe” link included within our regular email messages or by contacting us at admin@tayohelp.com.

Restrictions on Use
You agree that you will not (and you agree not to encourage or allow any third party to):

  • Breach, test, circumvent (or attempt to breach, test or circumvent) any security, copy protection or rights management feature in the Site or otherwise attempt to gain unauthorized access to the Site or FYLPRO’s computer systems or networks,
  • Copy, modify, translate, adapt or otherwise create derivative works or improvements (whether or not patentable) of any part of the Site;
  • Decompile, reverse engineer, disassemble or decode the Site or otherwise attempt to derive or gain access to the source code of any part of the Site (unless applicable laws specifically prohibit such restriction);
  • Remove, alter or obscure any copyright, trademark or other intellectual property or proprietary notices contained in the Site;
  • Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Site;
  • Use the Site to advertise, buy or sell any products or services;
  • Distribute, rent, sublicense, lease, lend, sell, resell, assign, transfer, transmit, stream, broadcast or otherwise make available or exploit any features or functionality of the Site including though time-sharing, use of service bureau or by otherwise making the Site available on a network on which it is accessible by more than one device at any time;
  • Use the Site or any Site content to transmit any computer viruses, worms, defects, Trojan horses, malware or other items of a destructive nature;
  • Reformat or frame any portion of the web pages that are part of the Site without FYLPRO’s written consent;
  • Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site or unduly burdening or hindering the operation and/or functionality of any aspect of the Site;
  • Collect or store Personal Information (as defined in the Privacy Policy) about any other user without their express prior written consent;
  • Violate these Terms; or
  • Violate any applicable law.

 

The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days’ prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

Third Parties

 

The Site may contain links to other websites, articles, photographs, text, graphics, pictures, designs, audio, sound, video, information, applications, software, and services belonging to or originating from third parties that we think may interest you, including social networking (collectively, “Linked Services”). Linked Services are not under the control of FYLPRO and FYLPRO is not responsible for Linked Services or for any information or materials on, or any form of transmission received from, any Linked Service; the FYLPRO Terms and Privacy Policy do not apply to Linked Services. The inclusion of a link does not imply endorsement by FYLPRO of the Linked Services or any association with the operators of the Linked Services. FYLPRO provides links to Linked Services for your convenience only. If you decide to access Linked Services, you do so at your own risk and you should review the applicable terms and policies.

 

Disclaimers

 

EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. FYLPRO specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. FYLPRO does not warrant that (a) the Site will meet your requirements, (b) operation of the Site will be uninterrupted or virus- or error-free or (c) errors will be corrected. Any oral or written advice provided by FYLPRO or its authorized agents does not and will not create any warranty.

The content of the text, graphics, images, and other material (“Content”) on the Site is for informational purposes only. The Content is not intended nor implied to be a substitute for professional medical advice, diagnosis, or treatment. Site Content is also not legal advice, and use of the Site is not intended to constitute, and does not constitute, a solicitation for the formation of an attorney-client relationship. No attorney-client relationship is created by use of the Site.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

YOUR USE OF THE SITE IS AT YOUR OWN RISK.

Limitation of Liability

YOU FURTHER WAIVE AND AGREE NOT TO ASSERT AGAINST FYLPRO ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF FYLPRO KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN EACH CASE, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SITE OR TO THE CONDUCT OF YOU OR ANY OTHER REGISTERED USER IN CONNECTION WITH THE USE OF THE SITE.

 

YOU AGREE THAT IN NO EVENT WILL FYLPRO OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS, EVEN IF FYLPRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.

 

The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law in the jurisdiction of your place of residence. You acknowledge and agree that the above limitations of liability together with the other provisions in these Terms that limit liability are essential terms and that FYLPRO would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.

Assignment

 

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FYLPRO without restriction.

 

Feedback

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or its services (“Submissions”), provided by you to FYLPRO are non-confidential and shall become the sole property of FYLPRO. FYLPRO shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

Indemnity

 

You agree to indemnify, defend, and hold FYLPRO, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities, and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.  FYLPRO reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of FYLPRO. FYLPRO will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

Dispute Resolution

 

If you have a complaint about the Site, please contact FYLPRO via email at admin@tayohelp.com.

 

To the maximum extent permitted by applicable law, you and FYLPRO agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

California law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and FYLPRO (a “Claim”), without regard to conflict of law provisions.  FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN LOS ANGELES COUNTY, CALIFORNIA.

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED.

Notice to California Residents


BY USING THIS SITE, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

 

If the Site is at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:

 

The provider of the service is:

 

Filipino Young Leaders Program

123 W. Nye Lane Ste. 129
Carson City, NV 89706

 

If the service is deemed an electronic commercial service, you may file a complaint regarding the Site or to receive further information regarding use of the Site by sending a letter to the attention of "Legal Department" at the above address.


DMCA Copyright Notice and Takedown Policy

If you are a copyright owner and you believe your work has been copied and used improperly on the Sites, please contact our copyright compliance officer. Pursuant to 17 U.S.C. § 512(c), to be effective, the notification to us must include the following information: (1) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) description of the work you claim has been infringed and the description and location of the alleged infringement the Site; (3) your contact information including address, telephone number, and email address; (4) a written statement that you have a good faith belief the accused usage is infringing; and (5) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner.

 

Contact our copyright agent at: Copyright Compliance, c/o FYLPRO, 123 W. Nye Lane Ste. 129 Carson City, NV 89706; admin@tayohelp.com.

 

Please note that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material on the Site is infringing, we suggest that you contact an attorney prior to sending notice.

General Terms

 

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FYLPRO regarding the use of the Site and its services, superseding any prior agreements between you and FYLPRO relating to your use of the Site and its services.. The failure of FYLPRO to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.