Terms OF USE & PRIVACY

Terms of Use

Last Updated: 02/29/2024. 

This agreement is between you and Mally Chakola LLC  (“Mally Chakola LLC,” “Company,” “we,” “us,” or “our”), a limited liability company duly organized and validly existing with a registered office in Shafter, California.  We invite you to access and use our Sites, including, without limitation, MallyChakola.com and LowHistamineFAST.com, Zoom video communication pages, and licensed account pages of dubsado.com (our CRM) (collectively the “Sites”). 

We provide visitors to our Sites (“Visitors”) access to the Sites subject to this Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas or by accessing and using the Sites, you acknowledge that you have read, understood, and agree to be legally bound by this Terms of Use and our Privacy Policy below, which is hereby incorporated by reference (collectively, the “Agreement”). Capitalized terms not defined in the Terms of Use shall have the meaning set forth in our Privacy Policy. If you do not agree to any of these terms and conditions, then please do not access or use the Sites or our products and services (individually or collectively, the “Services”).

OVERVIEW 

Any user who registers with us (each, a “Member”) and wishes to purchase a Service through one of our Sites, is agreeing to the terms of this Agreement and the accompanying Terms and Conditions of Purchase with respect to such Service. In the event of any conflict between the terms of this Agreement and the Terms and Conditions of Purchase, the Terms and Conditions of Purchase shall control.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

We provide Visitors and Members with access to the Services as described below. Visitors are people who do not register with us but want to explore the Sites. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Sites; (ii) click through to third party sites including Dubsado, our CRM, (iii) post comments and other content on the Sites (“Content”), and (iv) email us.

Members can do the same things as Visitors, and: (i) purchase Services through one of our Sites; (ii) access exclusive content available only to Members; (iii) create, access, manage, and update their own personal accounts on the Sites and through our dubsado.com account; (iv) sign up and access our various programs; and (v) sign up for alerts and other notifications.

We are under no obligation to accept any individual as a Member and may accept or reject any registration in our sole and complete discretion. In addition, we may deactivate any account at any time, including, without limitation, if it determines that a Member has violated these Terms of Use.

COMMUNITY GUIDELINES

Our community functions best when its users follow rules. We want everyone to feel they can be part of our community and have their voice heard. We encourage your feedback and aim to respond to your comments as soon as possible. We reserve the right to moderate this community. By accessing and/or using the Sites, you agree to comply with the following community guidelines:

• We don’t allow defamatory, indecent, offensive, profane, discriminatory, misleading, unlawful or threatening comments. 

• Personal attacks, name-calling, trolling and abuse will not be tolerated.

• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

• Spamming, posting promotional material, third party commercial activities, or posting links to third party websites is not permitted.

• We reserve the right to delete comments at our discretion and block any repeat offenders. We will remove content that is fraudulent, deceptive or misleading.

• Coordinated group attacks will not be tolerated. 

• You will not upload, post, email, transmit, or otherwise post any content that:

• infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or

• is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity); or

• discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.

• We ask that you respect that other people in the community have had different life experiences and may have a different perspective to yours. We welcome different viewpoints.

• Our community is a public place. Don’t post personal information that you would not be comfortable sharing with a stranger. We recommend that you don’t post any information that may identify you or anyone else, such as your address, email address or phone number.

• You will not interfere with or attempt to interrupt the proper operation of the Sites through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to obtain access to any data, files, or passwords related to the Sites through hacking, password or data mining, or any other means.

• You agree to not use any robot, spider, scraper, or other automated means to access the Sites for any purpose without our express written permission unless by operators of public search engines for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials.

• You will not cause an unreasonable or disproportionately large load on our technical infrastructure.

• You will not cover, obscure, block, or falsely report abuse on our Sites.

We reserve the right, in our sole discretion, to deny you access to the Sites, in whole or in part, with or without notice, and to remove any content that does not follow the Community Guidelines.

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. 

SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS

During the registration process for Members, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Member, and sharing your access credentials with others (especially if they are using your credentials to access our proprietary Content (as defined below)) is a material breach of this Agreement. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Sites using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action.

FEES AND PAYMENT

As consideration for any purchase you make on the Sites, you shall pay the Company all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. If the mailing address you provided us is in the United States, all payments will be charged and made in U.S. dollars. If the mailing address you provided us is outside the United States or any of its possessions or territories, all payments will be charged and made in your local currency.

INTELLECTUAL PROPERTY

The Sites contain material, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of the Company(collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.

Visitors may view all publicly-available Content for their own personal, non-commercial use. Members who have purchased any product or service, may download onto their own machines and view any Content contained in such purchased product or service for their own personal, non-commercial use. Other than as expressly set forth in the immediately two prior sentences, you have no other rights in or to the Content (other than your own Member Content that you post to the Sites), and you will not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of the Company. The Company retains all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content and the Sites automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of the Company (the “Company Trademarks”) used and displayed on the Sites are registered and unregistered trademarks or service marks of the Company. Other company, product, and service names located on the Sites may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Company Trademarks, the “Trademarks”). Nothing on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Company Trademarks inures to our benefit.

Elements of the Sites are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means. None of the Content may be retransmitted without our express, written consent for each and every instance.

MEMBER CONTENT; LICENSES

As noted above, the Sites provides Members the ability to post and upload Member Content. You expressly acknowledge and agree that once you submit your Member Content for inclusion into the Sites, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Member Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT THE COMPANY, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR MEMBER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE SITES.

You retain all copyrights and other intellectual property rights in and to your own Member Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Member Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your Member Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Member Content permitted by the previous sentence and/or to advertise and promote the Sites, the Company, and our products and services. Without limiting the foregoing, you acknowledge and agree that uses of your Member Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Member Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.

If you submit Member Content to us, each such submission constitutes a representation and warranty to the Company that such Member Content is your original creation (or that you otherwise have the right to provide the Member Content), that you have the rights necessary to grant the license to the Member Content under the prior paragraph, and that it and its use by the Company and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines, as set forth above.

UNSOLICITED SUBMISSIONS; COMMUNICATIONS WITH US

We and our contractors and employees do not accept, review, or consider any unsolicited ideas, suggestions, works, materials, proposals, or content, including for books, stories, articles, scripts, fan fiction, animations, shows, classes, ad campaigns, promotions, products, services, product names, content, or other creative materials (collectively “Unsolicited Submissions”). Please do not send or provide us any Unsolicited Submissions in any form. It is our company policy to delete any such Unsolicited Submission without reading it.

The purpose of this Section is to avoid potential misunderstandings or disputes when our products, services, or content might seem similar to an Unsolicited Submission you provided to us. If, despite our request that you not send us your Unsolicited Submissions, you still submit them, then regardless of what your correspondence says, the following terms will apply to your Unsolicited Submissions.

• You acknowledge that no fiduciary or confidential relationship, including attorney-client privilege, now exists between you and us, and you further acknowledge that no such relationships are established between you and us by reason of your submission of any Unsolicited Submissions.

• You acknowledge that materials (or portions thereof) developed, created, acquired, licensed, or otherwise obtained by us, or third-party materials to which we have had access, may be similar or identical to the Unsolicited Submission (or portions thereof) in theme, idea, plot, format, and/or other respects. You agree that you will not be entitled to any compensation because of the use of any such similar or identical material. In this connection,YOU HEREBY RELEASE AND ABSOLUTELY AND FOREVER DISCHARGE US OF AND FROM ANY AND ALL CLAIMS, DAMAGES, LEGAL FEES, COSTS, EXPENSES, DEBTS, ACTIONS, AND CAUSES OF ACTION OF EVERY KIND AND NATURE WHATSOEVER, WHETHER NOW KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, ASSERTED OR UNASSERTED, WHICH YOU NOW HAVE, OR AT ANY TIME HERETOFORE EVER HAD OR WHICH YOU MAY HAVE IN THE FUTURE, AGAINST US WHICH IN ANY WAY ARISE OUT OF OR IN CONNECTION WITH ANY SUCH SIMILAR OR IDENTICAL MATERIAL.

• Although we encourage you to email us feedback and questions about our existing products and services, we do not want you to, and you should not, email us any content that contains confidential information. In addition, any such feedback and questions you send to us will be deemed non-confidential and not proprietary, and we shall be free to use and redistribute them on an unrestricted basis without compensation or attribution to you.

NO WARRANTIES; LIMITATIONS OF LIABILITY

THE SITES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THE SITES, THEIR SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITES OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITES OR THE CONTENT SHALL BE LIMITED TO THE FEES YOU HAVE PAID US IN CONNECTION WITH ANY PURCHASES (EXCLUDING COACHING SERVICES) YOU HAVE MADE FROM US DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

THE SITES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE SITES. THE SITES MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE SITES DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SITES AT ANY TIME WITHOUT NOTICE.

MEDICAL AND HEALTH DISCLAIMER 

You understand that any information as found within our Site is for general educational and informational purposes only. You understand that such information is not intended nor otherwise implied to be medical or health advice.

You understand that such information is by no means complete or exhaustive, and that as a result, such information does not encompass all medical conditions, psychological disorders, health-related issues, or respective treatments. You understand that you should always consult your physician or other healthcare provider to determine the appropriateness of this information for your own situation or should you have any questions regarding a medical condition or treatment plan.

This information has not been evaluated or approved by the FDA and is not necessarily based on scientific evidence from any source. These statements have not been evaluated by the Food and Drug Administration (FDA). These products are intended to support general well-being and are not intended to treat, diagnose, mitigate, prevent, or cure any condition or disease. You agree not to use any information on our Site, including, but not limited to product descriptions, customer testimonials, etc. for the diagnosis and treatment of any health issue or for the prescription of any medication or treatment.

You acknowledge that all testimonials as found on our Site are strictly the opinion of that person and any results such person may have achieved are solely individual in nature; your results may vary. You understand that such information is based upon personal experience and is not a substitute for obtaining professional medical advice. You should always consult your physician or other healthcare provider before changing your diet or starting an exercise program. In light of the foregoing, you understand and agree that we are not liable nor do we assume any liability for any information contained within our Website as well as your reliance on it. In no event, shall we be liable for direct, indirect, consequential, special, exemplary, or other damages related to your use of the information contained within our Website.

CONTENT DISCLAIMER

The opinions expressed on our Website are not necessarily the opinions of Life Coach Hub Ltd.
Any content provided by our bloggers is of the blogger’s opinion, and is not intended to malign any religion, ethnic group, club, organization, company, individual or anyone or anything. The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date. We undertake no obligation to update any Content on our Website. Users are responsible for their own content, where applicable, and may update their Content at any time without notice and at their sole discretion. We reserve the right to make alterations or deletions to the Content at any time without notice.

LEGAL DISCLAIMER

The information provided on the Sites does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on the Sites are for general informational purposes only.  Information on the Sites may not constitute the most up-to-date legal or other information.  

Visitors and Members should contact an attorney to obtain advice with respect to legal matters.  No Visitor or Member of the Sites should act or refrain from acting on the basis of legal information on the Sites without first seeking legal advice from counsel in the relevant jurisdiction.  Mally Chakola is not acting as your attorney. Only your attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.  Use of, and access to, the Sites or any of the Affiliates or External Sites or resources contained within the Sites do not create an attorney-client relationship between the Visitor or Member and the Company, its authors, contributors, contributing law firms, employees, consultants, or owners. 

EXTERNAL SITES

The Sites may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

Representations; Warranties; and Indemnification

(a) If you are a Member, you hereby represent, warrant, and covenant that:

• You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your Member Content and any other works that you incorporate into your Member Content, and all the rights necessary to grant the licenses and permissions you grant hereunder;

• Use of your Member in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and

• You shall not submit to the Sites any Member Content that violates our Community Guidelines set forth above or any other term of this Agreement.

(b) You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Content or the Sites; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

AFFILIATE LINKS

We may include affiliate links to third-party websites (“Affiliate Sites”). If you click and purchase using these links, the Company make receive a small commission at no extra cost to you.  We only recommend products that we have used ourselves and have vetted.  These Affiliate Sites are developed and provided by others. You should contact the site administrator or webmaster for those Affiliate Sites if you have any concerns regarding such products or any content located on such Affiliate Sites. We are not responsible for the content of any linked Affiliate Sites and do not make any representations regarding the content or accuracy of materials on such Affiliate Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked Affiliate Sites, you do so at your own risk.

COMPLIANCE WITH APPLICABLE LAWS

The Sites are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Sites or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

TERMINATION OF THE AGREEMENT

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Sites, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Sites at any time without prior notice or liability. The following sections shall survive any termination of this Agreement: “Fees and Payment” (until you pay all fees and taxes due hereunder), “Intellectual Property,” “Member Content; Licenses,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Representations; Warranties; and Indemnification,” “Termination of the Agreement,” “Controlling Law; Jurisdiction” “Binding Arbitration,” “Class Action Waiver,” “Equitable Relief,” and “Miscellaneous.”

DIGITAL MILLENNIUM COPYRIGHT ACT

The Company respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.

Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

Mally Chakola LLC

℅ California Paper Products LLC
5901 Zerker Road S.
Shafter, CA 93263
info@mallychakola.com

If you believe that your work has been copied on the Sites in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Sites where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

CONTROLLING LAW; JURISDICTION

THIS AGREEMENT AND ANY ACTION RELATED THERETO SHALL BE GOVERNED EXCLUSIVELY BY THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS AND MAY NOT BE ALTERED, AMENDED, OR ASSIGNED, AND NO WAIVER SHALL BE EFFECTIVE AGAINST THE COMPANY, WITHOUT THE PRIOR WRITTEN CONSENT OF THE COMPANY.  YOU HEREBY EXCLUSIVELY AND IRREVOCABLY SUBMIT TO THE JURISDICTION OF THE COURTS OF THE STATE OF CALIFORNIA AND WAIVE ALL OBJECTIONS BASED ON VENUE OR FORUM NON-CONVENIENS FOR ANY LAWSUIT FILED THERE AGAINST YOU BY THE COMPANY RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREIN.

BINDING ARBITRATION

In the event of a dispute arising under or relating to this Agreement, the Content, or the Sites (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”).  Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION.  ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules www.adr.org and Procedures and in accordance with the Expedited Procedures in those rules,or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.  The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding  pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

CLASS ACTION WAIVER

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

EQUITABLE RELIEF

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. 

MISCELLANEOUS

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

Privacy Policy

Last Updated: 02/29/2024. 

This Privacy Policy (“Privacy Policy”) has been created by Mally Chakola LLC  (“Mally Chakola LLC,” “Company,” “we,” “us,” or “our”) in connection with how information you provide to us is used and shared relating to our websites, including, without limitation, MallyChakola.com and LowHistamineFAST.com, and licensed account pages of dubsado.com (our CRM) (collectively the “Sites”) and (ii) the information you provide to us offline, including, without limitation, via phone and email.

DESCRIPTION OF USERS AND ACCEPTANCE OF TERMS

Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Use and the Terms and Conditions of Purchase. This Privacy Policy applies to visitors to the Websites, who view only publicly-available content (“Visitors”), and users who register with us (“Members”) and wish to purchase a product or service through one of our Sites.  By visiting any of our Sites, Visitors are agreeing to the terms of this Privacy Policy and the accompanying Terms of Use.  By registering with us and purchasing a product or service through one of our Sites, each Member is agreeing to the terms of this Privacy Policy, the accompanying Terms of Use.  By providing us information offline, you are also agreeing to the terms of this Privacy Policy.  The Sites are for the use of Visitors within the United States of America.

THE INFORMATION WE COLLECT/OR RECEIVE; THE PURPOSE OF COLLECTION AND USE

In the course of operating the Websites and/or interacting with you, we will collect (and/or receive) the following types of information:

1. Contact Information

When you sign up to receive any of our newsletters, respond to a survey, register for a program, workshop, or course, or purchase any product or service, you may be required to provide us with certain information about yourself, such as your name, address, e-mail address, address, social media information, phone number, or PayPal address (the “Contact Information”). The Contact Information is used to provide the requested product or service or information and to contact you for purposes of direct marketing of our current and future products and services.

If you land on one of our pages through an affiliate partner link and provide us Contact Information (e.g., to request information, purchase a product or service), we may share your name and e-mail address to such affiliate partner to let him/her know that you were referred and in case (s)he has offered you any bonuses or rewards for following their referral link. We have no control over how affiliate partners may use your information after it has been received and we are not responsible for fulfilling any bonuses that such affiliate partners may have offered you; where applicable, please check such affiliate partners’ privacy policies and terms of use for more information on how they may use your personal information.

2. Order Information

When you place an Order, you must provide us with certain information about the products and services you are seeking to purchase.  Such information is collectively called the “Order Information.”  The Order Information is used to fulfill your Order.

3. Billing Information

When you wish to purchase a product or service, you will be required to provide certain information in addition to the Personal Information and Order Information noted above.  Such information may include a debit card number, credit card number, expiration date, billing address, activation codes, and similar information. Such information is collectively called the “Billing Information.” Billing Information is collected and processed by our third-party payment processors operating as our agent (see, Onward Transfers to Third Parties). We do not directly obtain or process any Billing Information.

4. Other Information

In addition to the information noted above, we may collect additional information (collectively, the “Other Information”).  Such Other Information may include:

a. From You.  Additional information about yourself that you voluntarily provide to us (e.g., via a survey), such as household income range, gender, product and service preferences, and other information that does not identify you personally.

b. From Your Activity.  Information that we automatically collect when you use the Sites, including, without limitation:

• IP addresses, which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable computer or device; browser type and language; referring and exit pages and URLs; date and time; amount of time spent on particular pages; what sections of the Websites you visit; and similar data; and

• Information about your device, including the type of device; universally unique ID (“UUID”); advertising identifier (“IDFA”); MAC address; operating system and version (e.g., iOS, Android or Windows); carrier and country location; hardware and processor information (e.g., storage, chip speed, camera resolution, NFC enabled); network type (WiFi, 3G, 4G, LTE); and similar data.  

c. From Cookies.  Information that we collect using “cookie” technology.  Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive so that your computer will “remember” information about your visit.  We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help us collect Other Information and to enhance your experience using the Websites.  If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer or mobile device. Please consult your Internet browser’s documentation for information on how to do this and how to delete persistent cookies.  However, if you decide not to accept cookies from us, the Websites may not function properly. 

d. Third-Party Analytics.  We use third-party analytics services (such as Google Analytics) to evaluate your use of the Websites, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Websites and mobile and Internet usage.  These third parties use cookies and other technologies to help analyze and provide us the data. By accessing and using the Websites, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Websites.

Below is a list of analytics providers that we may use; however, such list may be subject to change based on how we wish to understand the user experience and we will endeavor to update it diligently. You may use the accompanying links to learn more about such providers and, if available, how to opt-out from their analytics collection.

For Google Analytics, please visit: https://www.google.com/analytics

For Squarespace, please visit: https://www.squarespace.com/cookie-policy

For Dubsado, please visit: https://www.dubsado.com/legal/privacy-policy

For Paypal, please visit: https://www.paypal.com/myaccount/privacy/cookiePrefs

For Square, please visit: https://squareup.com/us/en/legal/general/privacy

For Zoom, please visit: https://explore.zoom.us/en/privacy/

e. From Other Sources. We also may collect or receive information from third parties, such as Instagram, Pinterest, and/or other third-party social media sites.

INFORMATION COLLECTED BY OR THROUGH THIRD-PARTY ADVERTISERS/ REMARKETERS

We may share Other Information about you with third parties, including, but not limited to, advertising and remarketing providers, or other brand partners, for purposes of personalizing or otherwise understanding how you engage with ads or other content. These third parties may use cookies, pixel tags (also called web beacons or clear gifs), or other technologies to collect Other Information in furtherance of such purposes, including to tailor, target (i.e., behavioral, contextual, retargeting, and remarketing), analyze, report on, and/or manage advertising campaigns or other initiatives. For example, when a browser visits a site, pixel tags enable us and these third-parties to recognize certain cookies stored within the browser to learn which ads or other content bring a user to a given site. In addition, we may receive Other Information from these third parties, including through their service providers, such as advertising identifiers, IP addresses, and post-conversion data.

Below is a list of advertising/remarketing providers that we use; however, such list may be subject to change based on the campaigns that we run and we will endeavor to update it diligently. You may use the accompanying links to learn more about such providers and, if available, how to opt-out from their targeted ads or other personalization features. Please note you will not necessarily be opted-out of advertising or content generally; you may still receive generic ads or content.

For Instagram, please visit: https://privacycenter.instagram.com/policy

For Pinterest, please visit: https://policy.pinterest.com/en

For Google, please visit: https://support.google.com/ads/answer/2662922?hl=en‍

In addition, you may opt-out of interest-based advertising by participating providers by visiting http://www.networkadvertising.org and http://www.aboutads.info/choices for details on how to do so.

INFORMATION COLLECTED THROUGH THE SITES THAT IS NOT COVERED BY THIS PRIVACY POLICY

You may post and/or share information, including but not limited to, comments using forums and other similar features available through the Sites. NONE of the information you provide using these features is protected by this Privacy Policy. THIS PRIVACY POLICY DOES NOT APPLY TO ANY INFORMATION (INCLUDING PERSONAL INFORMATION) THAT YOU PROVIDE USING ANY SUCH FEATURES. ALL SUCH INFORMATION IS PUBLIC INFORMATION AND MAY BE SEEN, COLLECTED OR USED BY ANY USER OF THE WEBSITES. Please note that if you post and/or share information on our Sites through your Instagram account, such information will be subject to Instagram's privacy policy.

AGGREGATE DATA

In an ongoing effort to better understand our visitors, customers, and our products and services, we may analyze the Order Information and Other Information in aggregate form in order to operate, maintain, manage, and improve the Websites and/or our products and services.  This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics in order to describe our products and services to current and prospective business partners and to other third parties for other lawful purposes.

ADDITIONAL USES

We also use information collected pursuant to this Privacy Policy to provide our services; to process Orders; to administer our rewards and promotional programs; to maintain and improve our Sites and services to you; to solicit your feedback; and to inform you about our products and services and those of our third-party marketing partners.    

SHARING WITH THIRD PARTIES

Like many businesses, we contract with other companies to perform certain business-related services. We may disclose your information, including personal information in some cases, to certain types of third-party companies, but only to the extent needed to enable them to provide such services, including, without limitation, technical assistance, order fulfillment, customer service, marketing assistance, payment processing, survey collection, promotional and marketing assistance, and business operations. These other companies will have access to your information, including personal information in some cases, only as necessary to perform their functions and to the extent permitted by law. We may also disclose your information, including any personal information, to any of our parent companies, subsidiaries, affiliates, joint ventures, or other companies under common control with us in order to support delivery of our products and services.

BUSINESS TRANSFER

In the event of a merger, dissolution, or similar corporate event or the sale of all or substantially all of our assets, we expect that the Information that we have collected and/or received, including personal information, would be transferred to the surviving entity in a merger or to the acquiring entity.  All such transfers shall be subject to our commitments with respect to the privacy and confidentiality of such personal information as set forth in this Privacy Policy.

DISCLOSURES TO PUBLIC AUTHORITIES

In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also disclose personal information to other third parties when compelled to do so by government authorities or required by law or regulation including, but not limited to, in response to court orders and subpoenas.

OPT-OUT FOR DIRECT MARKETING

You may opt out at any time from the use of your personal information for direct marketing purposes by e-mailing the instructions to this email address: info@mallychakola.com.  Please allow us a reasonable time to process your request.

ACCESSING AND MODIFYING PERSONAL INFORMATION AND COMMUNICATION PREFERENCES

Upon request to info@mallychakola.com, we will provide you with confirmation as to whether we are processing your personal information, and have the data communicated to you within a reasonable time. You have the right to correct, amend, or delete your personal information where it is inaccurate or has been processed in violation of this Privacy Policy. We may require payment of a non-excessive fee to defray our expenses in this regard.  Please allow us a reasonable time to respond to your inquiries and requests.

In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any Company marketing email.  Customers cannot opt out of receiving transactional e-mails related to their account or their Orders. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases.  

INFORMATION YOU SHARE ON PUBLIC FORUMS

We feature or may in the future feature public forums such as comment sections on a blog, message boards or web logs, webinars, classes, workshops, courses, programs, user comments, chat rooms, Zoom chats, Zoom videos, and similar activities, exclusive of Coaching Services (collectively, “Public Forums”). You may voluntarily post and share information through such Public Forums. NONE of the information you provide to through the Public Forums or through use of these features are protected by this Privacy Policy including any personal information. THIS PRIVACY POLICY DOES NOT APPLY TO ANY INFORMATION (INCLUDING PERSONAL INFORMATION) THAT YOU PROVIDE USING ANY SUCH FEATURES. ALL SUCH INFORMATION IS PUBLIC INFORMATION AND MAY BE VIEWED, COLLECTED, USED, MODIFIED AND/OR DISCLOSED FOR ANY PURPOSE BY US, ANY USER OF THE PUBLIC FORUM, AND THE PUBLIC.

You should think carefully before disclosing any information in any Public Forum.

HOW WE PROTECT THE INFORMATION

We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction, taking into account the risks involved in processing and the nature of such data, and in compliance with applicable laws and regulations.  Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the Information that you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Sites may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.  

RETENTION OF PERSONAL INFORMATION

We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, subsequently authorized, or as allowed under applicable law.

IMPORTANT NOTICE TO NON-U.S. RESIDENTS

It is important to note that the Sites and their servers are operated in the United States.  While the Sites are not intended for use of non-U.S. Visitors or Members, if you are located outside of the U.S., please be aware that any information provided to or collected by us, including personal information, will be transferred from your country of origin to the U.S. Except in the case of data transfers under the EU-U.S. Data Privacy Framework Principles and the Swiss-U.S. Data Privacy Framework Principles, your decision to provide such data to us, or allow us to collect such data through our Sites, constitutes your consent to this data transfer.

CHILDREN

We do not knowingly collect personal information from children under the age of 18 through the Sites.  If you are under 18, please do not give us any personal information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide personal information through the Websites without their permission.  If you have reason to believe that a child under the age of 18 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

CALIFORNIA RESIDENTS

The Company does not monitor, recognize, or honor any behavioral advertising opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.

California residents should review their specific rights under the California Consumer Privacy Act (CCPA).

EXTERNAL WEBSITES

The Websites may contain links to third-party websites.  We have no control over the privacy practices or the content of any of our business partners, advertisers, sponsors, or other websites to which we provide links.  As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites.

CHANGES TO THIS PRIVACY POLICY

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy.  We may change this Privacy Policy from time to time. By accessing the Websites and/or using our services after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes.  Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the Information. Please refer back to this Privacy Policy on a regular basis.

HOW TO CONTACT US

If you have questions about this Privacy Policy, please contact us via:

Email: info@mallychakola.com

Or write to us at:

Mally Chakola LLC

℅ California Paper Products LLC
5901 Zerker Road S.
Shafter, CA 93263
info@mallychakola.com