Alamoa
An Ever-Evolving Programming School

Alamoa Terms of Sale

Effective Date: September 1, 2020

Welcome to Online Alamoa by Jygon Corp. Jyugon Corp is a Delaware corporation with its principal place of business at 220 S KING ST STE 1705 HONOLULU, HI 96813, United States (“Alamoa” or “ we”) . By purchasing products (including single videos) or subscription services from Alamoa , you agree to be bound by the Terms of Sale and Return Policy, any terms incorporated by reference.

PLEASE READ THE TERMS CAREFULLY, INCLUDING THE ARBITRATION AGREEMENT IN SECTION 19. This means that any disputes relating to products and/or subscription services purchased from Alamoa will be resolved through binding arbitration on an individual, non-class basis.

In order to purchase a product or subscription service, you must agree to the terms. IF YOU DO NOT UNDERSTAND THE TERMS OR DO NOT AGREE TO ANY PORTION OF THE TERMS, DO NOT ORDER.

1. Alamoa Service

If you use Alamoa products or services through a product or subscription service, your use is subject to the terms and conditions applicable to those services, including the Alamoa Terms of Use. To use certain product features or Subscription Services, you may be required to open an Alamoa account. Please note that Alamoa services and content may vary by region. All features, functionality and other product specifications are subject to change without notice or obligation.

2. Privacy

For more information on how Alamoa collects, uses and shares information received from you, please see the Alamoa Privacy Policy. Alamoa may provide information about you to third parties to detect, prevent, or resolve fraud, security, or technical issues.

3. Support

The Alamoa support team will only provide assistance if you live in a country where order management or technical support is supported.

4. Order and payment

By providing an Alamoa-approved credit card or other payment method, you represent and warrant that you are authorized to use the designated payment method and authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including applicable taxes and other charges detailed at checkout). If the payment method provided cannot be verified, is invalid, or is otherwise unacceptable, your order may be suspended or cancelled. To continue with your order, you must resolve any issues that have arisen.

Alamoa reserves the right to refuse all or part of any order or return request and may refuse to ship to you for any of the following reasons: (a) detect any suspicious or fraudulent activity (including unauthorized reseller activity) that violates these Terms; (b) if you are not located in a country where the Products can be purchased; or (c) you have ordered more than the maximum number of Products permitted.

If you purchase installation services from a third party with Alamoa, you agree to act as an agent for the third party to access payment networks and assist in processing payment transactions. Once a registered payment instrument is approved, payment obligations to third parties are deemed complete and released (except for buyer obligations in the event of chargebacks or other reversals). Purchases of installation services from third parties may be combined with other purchases from Alamoa.

Purchases of Third Party Services are also subject to terms and conditions governing the payment instrument (such as the credit card used for payment) between you and your payment instrument issuer (such as a bank). You are responsible for any charges and related fees that may be imposed as a result of your use of the Payment Instrument and under the Payment Instrument's terms and conditions.

5. Subscription Service

We offer a variety of subscription plans for our Subscription Service.

Ongoing subscription. When you purchase our Subscription Services, you expressly acknowledge and agree that (1) Alamoa is authorized to charge you monthly or annual Subscription Service Fees (in addition to any applicable taxes), depending on the billing cycle you choose, for as long as your subscription continues, and (2) your subscription will continue until you cancel the Subscription Service or such Subscription Service is suspended, terminated, or terminated in accordance with these Terms.

Claim. The payment method associated with your Alamoa account will be automatically charged monthly or annually (depending on the billing cycle you choose). Day 1 of your billing cycle is associated with the date you activate your Subscription Service. If You later decide to purchase additional Subscription Services (each, an “Add-on Service”), payment for such Add-on Service will be prorated to the renewal date of the first Subscription Service, and You will be charged in full for the Add-on Service on the Subscription Renewal Date. You acknowledge that charges may vary due to promotional offers, changes to subscription service plans, and changes in applicable taxes, and you authorize us to charge your payment method for corresponding amounts.

Cancellation and Refund. If you cancel your product subscription service, prorated payments are not refundable.

Free trial. We may offer a free trial of the Subscription Service for a limited time. If we offer a free trial, the specific terms of the free trial will be provided at the time of registration. We have no obligation to notify you when the Free Trial ends and reserves the right to modify or terminate the Free Trial at any time in our sole discretion without notice.

6. Prices and Taxes

Product/Subscription Service prices shown do not include shipping charges. Shipping information will be displayed at checkout prior to placing an order. All prices displayed on Alamoa are subject to change at any time without notice.

If we change the price of any Subscription Service you have purchased, we will give you advance notice of this change. After receiving this notice, you agree to the price change unless you cancel your subscription as described in the section above.

Applicable taxes are displayed at checkout or on the product or subscription service description page. Such taxes are approximate and subject to change until billed.

7. Shipping

Products may not be delivered to all locations. If Alamoa does not ship the product to the address you provide, you will not be charged for your order.

If the product cannot be successfully delivered, the product must be returned to Alamoa. In this case, after Alamoa receives the returned package, you will not be charged for the product, but you may be charged for shipping (and such charges may not be reversed). No charges will be charged and all charges will be canceled if the product is not successfully delivered due to our or the carrier's error.

If you do not receive your product, please contact Alamoa Support .

If Alamoa does not receive your order after two delivery attempts (for example, it is lost or stolen before you receive it), Alamoa may require a signature verification upon delivery and will replace the product rather than issue a refund.

Any delivery dates or times provided by Alamoa (or the carrier) are estimates only and are not guaranteed.

8. Availability and Order Limits

All products offered at Alamoa are subject to availability. We reserve the right to discontinue offering certain products without prior notice.

Some products have quantity restrictions. You may not order more products than the maximum number specified by us on the product page or product description. For example, product descriptions or product pages may include maximum order limits for certain products.

9. Pricing Mistakes

Alamoa takes great care to ensure that the prices displayed are correct. In the unlikely event of an error, you agree that Alamoa is not bound by the incorrect pricing and may cancel your order. If an error is discovered and you have not yet been charged, we will let you know the correct price and give you the option to proceed with the order at the correct price or cancel it.

10. Promotion

Alamoa may offer promotions and promotional pricing on the sale of its products. If so, the terms and conditions applicable to such promotional offers or prices will apply to the offer.

11. Import and Export

Products may be subject to import and export laws and regulations of the United States and other countries. You must comply with all applicable domestic and international import and export laws and regulations related to your products. These laws may contain restrictions on destinations, users and end uses.

12. PRODUCT USE

Carefully read the instructions that come with your product, including those available online. Product extensions may require you to sign in to your Alamoa account, or open an Alamoa account if you don't already have one. In addition, you agree to abide by any agreements applicable to your use of the product or software on the product.

13. Gifts

Products may be purchased for personal use only. You cannot resell the product, but you can give the product as a gift.

14. Data and Disabling

Customers are responsible for managing the deletion, transfer, backup creation, etc. of data stored on the product. For example, if you decide to return the Product or need to send the Product to Alamoa for repair or replacement, it is your responsibility to erase all personal or other data on the Product prior to sending the Product to Alamoa. Alamoa is not responsible for the use or disclosure of data residing on the product.

If you tell Alamoa that you have not received the Product, that the Product is defective, or that it has been lost or stolen, Alamoa may deactivate the Product. Deactivation does not automatically delete personal or other data stored on the product. We strongly recommend that you back up your data regularly.

15. Resale and Warranty

THE LIMITED WARRANTIES STATED ON THE PRODUCT BOX AND IN THE WARRANTY SECTION BELOW ARE INTENDED FOR THE END USER'S SOLE BENEFIT AND NOT FOR THE RESELLER'S BENEFIT.

16. Defects. Warranties; Disclaimer of Warranties

In the event that the product is or has become defective through no fault of the customer, the customer may have legal rights, such as the right to cancel the contract for repair or replacement of the defective product, possibly a price reduction, or a refund. Please be sure to contact the manufacturer regarding the manufacturer's warranty.

If the product is manufactured by a third party, Alamoa may refer the manufacturer of the product for support regarding product defects.

If Alamoa provides a replacement product, you agree that Alamoa may replace the defective product with a new or refurbished product. If Alamoa provides you with an advance replacement product prior to our receipt of the defective product and you fail to return the defective product within the time specified in the notification email, you authorize Alamoa to charge your original payment method for the full amount of the replacement product.

NOTHING IN THIS SECTION AFFECTS YOUR LEGAL RIGHTS UNDER STATUTORY OR APPLICABLE LAW. Unless otherwise required by applicable law, Alamoa may provide warranty support only for Alamoa Products located in Supported Countries.

To the fullest extent permitted by applicable law, Alamoa and the manufacturers of its products expressly disclaim all warranties and conditions of any kind, express or implied, with respect to any product (including mine). IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

17. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALAMOA AND ITS SUBSIDIARIES AND AFFILIATES, INCLUDING SUPPLIERS (COLLECTIVELY, “ALAMOA PARTIES”) SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT, ETC.). (including negligence) or otherwise), whether you are an Alamoa party or its representative, for any indirect, incidental, special, consequential or exemplary damages (including loss of data) that you may suffer in connection with the products or these Terms, you would have been advised or should have been aware of the possibility of such loss. FURTHER, ALAMOA WILL NOT BE LIABLE FOR ANY DAMAGES IF YOU PURCHASE ANY INSTALLATION SERVICES PROVIDED BY ALAMOA, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF ALAMOA PARTIES IN CONNECTION WITH THE PRODUCTS OR THESE TERMS SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO ALAMOA UNDER THESE TERMS. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. Alamoa disclaims all liability to Alamoa's licensors and suppliers of any kind.

SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

18. Product Features Outside Alamoa Control

YOU ARE SOLELY RESPONSIBLE FOR ACCESSING THE INTERNET OR WIRELESS SERVICES THROUGH A CELLULAR DATA SERVICE PROVIDER, WIRELESS SERVICE PROVIDER (EACH A “WIRELESS CARRIER”), OR ANY OTHER INTERNET CONNECTION SERVICE PROVIDER THAT PROVIDES COMPATIBLE SERVICE WITH THE PRODUCT (“INTERNET SERVICE PROVIDER”) . If your Product includes the ability to access the Internet through your cellular data plan, your Product may be configured to work with certain cellular network technologies. Check with your preferred wireless carrier for compatibility and mobile data plan availability.

If your product requires a SIM card or other mobile connectivity features required by your wireless carrier or Internet service provider, you are solely responsible for obtaining such connectivity features. You understand that if your product includes WiFi functionality to access the Internet, you will need access to a compatible WiFi access point.

YOU AGREE THAT ALAMOA IS NOT RESPONSIBLE FOR THE PROVISION OF CELLULAR DATA SERVICES, WIRELESS SERVICES, OR OTHER INTERNET CONNECTED SERVICES, OR THE TERMS UNDER WHICH WIRELESS CARRIERS OR INTERNET SERVICE PROVIDERS OFFE SUCH SERVICES, UNLESS OTHERWISE STATED ON THE PRODUCT DESCRIPTION PAGE OR AS AGREED OTHERWISE BY ALAMOA. Internet service providers and wireless carriers may charge usage and other fees that Alamoa does not control.

You understand that the Products may only be compatible with certain third-party hardware accessories and Alamoa makes no warranty regarding compatibility with such third-party hardware accessories or products.

Returning the Product pursuant to this Agreement does not cancel your service agreement with your Internet service provider or wireless carrier (as applicable). Therefore, you must contact your Internet service provider or wireless carrier (and other applicable service providers) directly to cancel such service.

19. GOVERNING LAW AND ARBITRATION . Please read this section carefully.

(a) in general ; It is in our mutual interest to resolve disputes in the fastest and most cost-effective manner. In the event of any dispute relating to these Terms or any product or subscription service purchased from Alamoa (regardless of the type of dispute, subject to some exceptions below), you and Alamoa agree to resolve through binding arbitration. Arbitration is less formal than litigation in court and uses a neutral arbitrator instead of a judge or jury, but the arbitrator can award the same damages and relief that a court can award. This Arbitration Agreement is governed by, governed by, and intended to be construed broadly under the Federal Arbitration Act ("FAA"). This includes, for example:

  • Disputes relating to these Terms or your purchase of Products and/or Subscription Services from Alamoa.
  • Disputes regarding the design, performance, functionality, or features of your Products and/or Subscription Services.
  • DISPUTES REGARDING YOUR USE OF THE PRODUCTS AND/OR SUBSCRIPTION SERVICES.
  • Disputes regarding updates, modifications, or upgrades to your Products and/or Subscription Services.
  • Any dispute based on a product warranty or based on a product defect, whether or not the product is covered under warranty.

This Arbitration Agreement applies to:

  • Whether your dispute is with Alamoa, its subsidiaries, affiliates or parent companies, or suppliers or service providers involved in the Products and/or Subscription Services, and their officers, directors, employees, agents and successors. and
  • regardless of the legal theory on which the claim is based (breach of warranty, breach of contract, negligence, etc.).

FOR DISPUTES OR CLAIMS REGARDING YOUR PRODUCTS AND/OR SUBSCRIPTION SERVICES, THIS ARBITRATION AGREEMENT SUPERSEDES THE DISPUTE RESOLUTION PROVISIONS IN ANY OTHER AGREEMENT BETWEEN YOU AND ALAMOA AND CONTAINS THE ENTIRE AGREEMENT BETWEEN US WITH RESPECT TO A DISPUTE OR CLAIM REGARDING YOUR PRODUCTS AND/OR SUBSCRIPTION SERVICES.

(b) Exceptions . However, you and Alamoa may: (i) file a separate action in small claims court; (ii) seek enforcement action through federal, state, or local agencies, where litigation is possible; (iii) must take action in court to address allegations of intellectual property infringement (as set forth in Section 23(k) below); Also, there is no arbitration provision in this agreement, which does not prevent either of us from taking matters to federal, state, or local agencies.

(c) Rules . The American Arbitration Association ( "AAA" ) will administer the arbitration and conduct it in accordance with its Consumer Arbitration Rules ( "AAA Rules" ). The AAA rules and application forms are available online at www.adr.org.

(d) process . Here are the steps you and Alamoa agree to follow: Send written notice of the dispute to the other party by U.S. Mail or Federal Express (or its international equivalent) with certified delivery, or by e-mail only if the other party has not provided a current address. Alamoa's notification address is:

Jyugon Corp 220 S KING ST STE 1705 HONOLULU, HI 96813

(ii) the type of product (if applicable); (iii) the serial number of the product (if applicable); (iv) the email address used to activate the product and/or Subscription Service (if applicable); (v) a description of the nature and basis of the claim; if there is.

We each agree to attempt to resolve any claim, but if we are unable to do so within 60 days of receiving notice, you or Alamoa may initiate arbitration proceedings pursuant to the AAA Rules. Unless the parties agree otherwise, your Demand for Arbitration must be sent to Alamoa's notice address as set forth in this Section 19(d) entitled "Demand for Arbitration." Alamoa will send the Demand for Arbitration to the email address provided in the Dispute Notice.

During the arbitration, the amount of any settlement offered by you or Alamoa may not be disclosed to the arbitrator until the arbitrator makes a final decision and issues an award.

If you prevail in arbitration and an amount is awarded that exceeds the last written settlement amount Alamoa offered before an arbitrator was appointed, Alamoa will pay you (i) the amount awarded by the arbitrator and (ii) reasonable attorneys' fees incurred during the arbitration proceedings.

(e) Fees and Hearing Venue . If you initiate arbitration, the AAA Rules will determine who pays the fees. Arbitration hearings will be held in Honolulu County, unless the parties agree otherwise. If the arbitrator determines that either the substance of your claim or the remedies you seek are frivolous or brought for an improper purpose, Alamoa will determine under the AAA Rules whether you or Alamoa are responsible for filing fees, administrative costs, and arbitrator fees.

(f) No Class Actions . TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAY BRING CLAIMS REGARDING THESE TERMS, YOUR PRODUCTS AND/OR SUBSCRIPTION SERVICE ONLY IN INDIVIDUAL CAPACITY AND NOT AS A CLASS ACTION. Also, to the maximum extent legally permissible, an arbitrator may not combine claims into a class action. The arbitrator may award injunctive relief only in favor of you, the individual party seeking relief, and only to the extent necessary to provide relief warranted by your individual claim, and may not award relief affecting other Alamoa customers or users. However, if a court determines that applicable law precludes enforcement of any of the limitations in this section with respect to claims for certain relief or relief (such as declaratory or injunctive relief),

(g) Enforcement . All issues in dispute shall be decided by the arbitrator. However, only a court can determine the scope and enforceability of this Agreement, whether a dispute can be arbitrated, or any question concerning the interpretation of this Arbitration Agreement. Except as provided in Section 19(f), if any provision of this Arbitration Agreement is found to be unenforceable, that provision will be severed and the remainder of this Arbitration Agreement will remain in full force and effect. If for any reason this arbitration agreement is held to be unenforceable in its entirety, the arbitration agreement will not apply and you and Alamoa agree to resolve any dispute in state or federal courts as set forth in Section 19(k). Judgment on the arbitration award may be entered in any court of competent jurisdiction.

(h) Confidentiality . The arbitrator shall respect all evidentiary privileges granted by law and shall make such orders as necessary to protect the trade secrets or confidential information of the parties. With respect to information exchanged between us in connection with any arbitration, we agree to keep confidential trade secrets or proprietary business information of either party and to protect the confidentiality of any other information legally protected from disclosure (such as personal customer information). However, each of us may disclose these matters confidentially to our respective accountants, auditors and insurance companies.

(i) Returns . IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT, YOU HAVE THE RIGHT TO RETURN THE PRODUCT IN ACCORDANCE WITH OUR RETURN POLICY SET FORTH IN SECTION 16. If you decide to return the Product, you must do so in accordance with the Returns Policy set forth in Section 16, including within the applicable return period set forth in the Returns Policy (unless a longer period is required by applicable law).

(j) Future Modification of this Agreement for Arbitration . If Alamoa makes any changes to this Agreement for purposes of arbitration (other than changes to Alamoa's contact address), you may reject those changes by notifying Alamoa through the process set forth in Section 19(d) within 30 days of the change. By rejecting future changes, you agree to arbitrate disputes between us in accordance with the terms of the most recent version of the Arbitration Agreement accepted by you.

(k) Governing Law and Venue for Non-Arbitrated Disputes . These Terms will be governed by the FAA and (only to the extent not inconsistent with the FAA's Substantive and Procedural Rules) the laws of the State of Hawaii, without regard to its conflicts of law principles. The arbitrator will not be bound by decisions in other arbitrations involving Alamoa to which you are not a party. Requests that must be resolved through binding arbitration (or may be raised in small -scale claiming courts), these conditions or customer's product and/or subscription service (eg, Section 19 (B) (III), or to continue this contract, or the entire contract If it is not enforced to the facility to continue to continue, the entire contract is in Composition Compertive FurseFurty, Hawaii; the parties agree to the interpersonal jurisdiction and exclusive jurisdiction in these courts.

20. Changes to Terms

The terms and conditions in effect at the time the product is ordered apply to that order and the product. Alamoa reserves the right to change these Terms from time to time, and such changes will apply to future orders. If you have purchased our Subscription Service, we will notify you if we make changes to these Terms that affect your subscription.

21. EVENTS BEYOND REASONABLE CONTROL

Neither party will be liable for any delay or failure to perform under this Agreement if such delay or failure is caused by causes beyond its reasonable control.

22. No Waiver

If you fail to comply with these Terms and we do not take immediate action, this does not mean that we waive any rights we may have (such as taking action in the future).

23. Severability

If any provision is found to be unenforceable, it will not affect any other provision.