TERMS & CONDITIONS


Last modified January 15, 2025


PLEASE READ THESE TERMS CAREFULLY

These Terms of Use (the “Terms”) govern your use of and access to eileen-cai.com and its sub-domains and affiliated sites, as well as Eileen Cai, LLC dba Eileen Cai Washington Limited Liability Company’s (“Eileen Cai, LLC dba Eileen Cai,” “I,” “me” or “my”) pages and accounts on Facebook®, YouTube® (the “Sites). Please read both these Terms and my Privacy Policy carefully, which is incorporated into these Terms. By using any or all of the Sites, you accept and agree to be bound by these Terms. If you do not want to agree to be bound by these Terms, do not use the Sites. I may modify these Terms from time to time, and any modifications will be effective immediately when I post them. All changes I make will be reflected in the date at the top of the document. You are responsible for reviewing any modified terms. Your continued use of a Site following any changes means you accept and agree to any changes. For your convenience and future reference, the date of the most recent revision of these Terms is listed above so that you may compare different versions to determine what, if any, changes have been made.


SITE CONTENT.

Eileen Cai, LLC dba Eileen Cai Washington Limited Liability Company exclusively owns and controls the Sites, which provides information about my products and services and may, from time to time, provide access to educational materials pertaining to a variety of holistic health services. You agree that use or access to any or all of the Sites does not, standing alone, create any sort of representation or future promise. The unauthorized reproduction, use of, or theft of any content, written, photographic, or otherwise, is expressly prohibited. By using the Sites, you expressly agree to pay a fine of $50 per incident for any unauthorized use of my content, at the sole discretion of Eileen Cai, LLC dba Eileen Cai.


ARTIFICIAL INTELLIGENCE (“AI”) DISCLAIMER

I may use AI technology to supplement or enhance content throughout the Sites and related materials. This may include, but is not limited to, AI-generated images, audio, or text (“AI-Generated Content”). However, while these tools may be used to suggest or enhance Site Content, all published content on the Sites or correspondence is wholly human, including but not limited to all opinions, thoughts, and ideas. As such, I expressly retain all copyright ownership to the Site Content. By visiting the Sites, you agree and acknowledge that I am not required to notify you when or how AI technologies are used. 

While I have made reasonable efforts to ensure the accuracy and completeness of AI-Generated Content, you agree and understand that I expressly disclaim the accuracy of AI-Generated Content, including any and all liability for any errors or omissions in the Content produced by AI technology, and expressly advise that you exercise caution when relying on such content. As with all Site Content, you agree that use or access to any of the information provided on or knowledge gleaned from the Sites, including AI-Generated Content, does not create any sort of representation or future promise, and that use of any AI-Generated Content on the Sites is at your own risk. 

I reserve the right to modify or remove any AI-Generated Content at any time without notice. If you have any questions or concerns about the accuracy of AI-generated content, please contact me at eileencai3333@gmail.com for more information.


INTELLECTUAL PROPERTY.

Unless explicitly stated otherwise, as between you and Eileen Cai, LLC dba Eileen Cai, Eileen Cai, LLC dba Eileen Cai owns all right, title, and interest in and to the Sites, including, without limitation, graphics, site content, design, organization, compilation and other matters related to or included on the Sites. My name, Eileen Cai, LLC dba Eileen Cai Washington Limited Liability Company and all related names, product and service names, logos, slogans, and designs are my trademarks and you may not use these marks without my prior written permission. All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners and should not be used without those respective owners’ permission. You are granted a non-exclusive, non-transferable, revocable license to access and use the Sites and the resources available for download from the Website strictly in accordance with these Terms.


THIRD PARTY RIGHTS.

Content and materials posted to the Site may be the copyrighted content of others (“Third Party Content”) that is used by Eileen Cai, LLC dba Eileen Cai either by permission or under Section 107 of the Copyright Act as “fair use” for purposes such as education and research. I respect the intellectual property of others and ask that you do the same. Users must obtain permission from the owners of any Third-Party Content before copying, distributing or otherwise using those materials. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of the copyright owner.


If you believe that your work has been copied on one or more of the Sites in a way that constitutes copyright infringement or otherwise violates your intellectual property rights, please contact me via email at the contact information listed below and provide the following: (i) identification of what is claimed to have been infringed; (ii) identification of what is claimed to be infringing; (iii) your contact information (or the contact information of the person I need to contact about the infringement); (iv) a statement that the person submitting the complaint is doing so with a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; (v) a statement that the information provided is accurate, and under penalty of perjury; (vi) a physical or electronic signature of the person submitting the complaint; and (vii) if that person is not the owner of the content at issue, a statement that the person submitting the complaint is authorized to act on the owner’s behalf.


LINKING TO MY SITES.

Anyone linking to the Sites must comply with all applicable laws and must not: (i) misrepresent its relationship with Eileen Cai, LLC dba Eileen Cai; (ii) present false or misleading information about Eileen Cai, LLC dba Eileen Cai; or (iii) contain content that is reasonably considered profanity, offensive, defamatory, vulgar, or unlawful.


ADVERTISEMENTS AND AFFILIATE LINKS.

I may at times include advertisements on the Sites. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites are solely between you and such advertiser. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by advertisers, including information providers, or any other end users are those of the respective author(s) and not my own. You agree that I shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers. I may include affiliate links to promote certain services, platforms, or products, either on my own site, or from a third-party site. I will use reasonable effort to notify you of affiliate links that I link on the Sites; however, I encourage you to reach out to me with any questions you may have regarding affiliate links. This disclosure is intended to comply with the United States Federal Trade Commision rules regarding advertising and marketing. I disclaim any and all liability that may result from your purchase from any affiliate link I post, and by clicking on any affiliate link contained on this website or related communications, you accept express liability for the benefits or consequences thereof. 


You may find links to other websites on a Site. These links are provided solely as a convenience to you and not as an endorsement by Eileen Cai, LLC dba Eileen Cai of the contents on such third-party sites, and I expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that Eileen Cai, LLC dba Eileen Cai shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites.


EARNINGS DISCLAIMER.

You understand and agree that I make no financial claims, income claims, nor do I make any guarantee of any kind regarding your potential income that could be generated via my communications, or the purchase of any of my products. Past results are not an indication of future results. I do not guarantee that you will earn any income simply by purchasing materials from my company, as your revenue is solely dependent upon your actions or non-actions. 


DISCLAIMER AND LIMITATION OF LIABILITY.

THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. EILEEN CAI, LLC DBA EILEEN CAI, TOGETHER WITH ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (THE “RELEASED PARTIES”), SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. THE RELEASED PARTIES DO NOT GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY OF THE INFORMATION OR CONTENT ON THE SITES. ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE SITES. THE ENTIRE RISK FOR USE OF THE SITE AND/OR SERVICES IS BORNE BY YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE POSTINGS OR ANY MATERIAL LINKED THROUGH THE SITES. YOUR SOLE REMEDY WITH RESPECT TO ANY CLAIM ARISING OUT OF YOUR USE OF THE SITES IS TO CEASE USING THE SITES.

Some jurisdictions do not allow the disclaimer of implied warranties and/or limitations of liability, so a portion of this language may not apply to you. In such a case, any such disclaimer or limitation of liability is limited to the minimum extent permissible under applicable law.


CHOICE OF LAW AND VENUE.

These Terms are governed by the laws of the State of Washington without regard to any conflict of laws. For any dispute regarding these Terms or the Sites, you agree to submit to the personal and exclusive jurisdiction and venue of the federal and state courts located in Spokane County, Washington.


YOUR COMMENTS AND CONCERNS.

This website is operated by Eileen Cai, LLC dba Eileen Cai [522 W RIVERSIDE AVE STE N, SPOKANE, WA, 99201]. All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: eileencai3333@gmail.com. Thank you for visiting the Sites!

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS


Eileen Cai, LLC dba Eileen Cai Washington Limited Liability Company offers a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (collectively, the “Agreement”). By opting in to or participating in any of my Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with me through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and I in other contexts.


DETAILS OF THE PROGRAM

  • Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of holistic health services.

  • Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with me.

  • Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email me at eileencai3333@gmail.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

  • MMS Disclosure: The Program will send SMS Terminating Messages if your mobile device does not support SMS messaging. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

  • Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. I will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of my control. Service Provider is not liable for delayed or undelivered mobile messages.

  • Participant Requirements: Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

  • Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.


OPT-IN PROCEDURES 

The Program allows you (the “User”) to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you expressly that you permit me to send you autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from me. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of my mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply, for which you are financially responsible.


OPT-OUT PROCEDURES

If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree that the following options are the only reasonable methods of opting out: you must reply STOP to any mobile message. After you send one of the aforementioned messages, you may receive an additional mobile message confirming your decision to opt out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of my contractors or employees to remove you from my list is not a reasonable means of opting out, nor is it always technically feasible.


DUTY TO NOTIFY AND INDEMNIFY

 If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying me of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by me, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of my Programs.


YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD ME HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY ME OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM ME ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.


DISPUTE RESOLUTION

In the event that there is a dispute, claim, or controversy between you and I, or between you and any other third-party service provider acting on my behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Spokane County, Washington before one arbitrator.


The Parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Eileen Cai, LLC dba Eileen Cai Washington Limited Liability Company’s principle place of business is located, without regard to its conflict of laws rules. Within 30 calendar days after the arbitration demand is served upon a party, the Parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the Parties do not agree on an arbitrator within 30 calendar days, a Party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The Parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no Party shall have rights of appeal except for those provided in section 10 of the FAA. Each Party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The Parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each Party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The Parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a Party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both Parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the Parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of my Programs.


CLASS ACTION WAIVER

The Parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the Parties expressly waive their right to file a class action or seek relief on a class basis. I AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR MY INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the Parties shall be deemed to have not agreed to arbitrate disputes.


MISCELLANEOUS

You warrant and represent to me that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. I reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.