Terms of Service

IMPORTANT: THESE TERMS OF SERVICE ("TERMS AND CONDITIONS") REQUIRE THE BINDING ARBITRATION OF DISPUTES AND WAIVE CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS, AS STATED IN THE "DISPUTE RESOLUTION PROCESS; AGREEMENT TO ARBITRATE DISPUTES; AND CHOICE OF LAW" PROVISION. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. These Terms and Conditions incorporate by reference the Privacy Policy, and any capitalized terms in that agreement shall have the same meaning here.

GENERAL

Welcome to the website, (including any of its subsidiaries or corporate affiliates, collectively, "we" or "us"). Any person accessing or using the website and any associated webpages (collectively, the "Website") is referred to as "you".

We ask that you review and abide by these Terms and Conditions, our Privacy Policy, and any other terms and conditions that may appear on the Website from time to time.

This Website and its Content (as defined below) are intended solely for personal and non-commercial use by you. Any use of this Website or its Content other than for personal and non-commercial purposes is prohibited.

PRIVACY

Please take a few moments to review our Privacy Policy which describes the collection and use of information on the Website.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise noted, the Website, its features, functionality, and all materials, including, but not limited to, images, text, graphics, logos, descriptions, data, illustrations, designs, icons, photographs, video clips, audio clips, sounds, files, trademarks, trade dress, software, specifications, advertisements, titles, names, written materials, User Generated Content (as defined below), Digital Content (as defined below) and any other materials that appear as part of or on the Website (collectively, the "Content"), are protected by copyright, trade dress, and/or trademark laws, and all worldwide rights, title and interest in and to the Website and Content are owned controlled, and/or licensed by this website. Please note that certain trademarks, product names, company names, logos, service marks or material displayed on the Website may be owned by third parties, and you understand that you are not authorized to display or use such without the prior written permission of the relevant third party.

This website, and all related names, logos, product and service names, designs and slogans are registered trademarks of this website or its licensors. Such marks cannot be used without the prior written permission of this website.

Except as may be expressly permitted by this website, you may not use, reproduce, copy, publish, transmit, distribute, display, modify, perform, download, license, create derivative works of, reverse engineer, frame, transfer, sell or participate in any sale of, or exploit in any way, in whole or in part, any Content, the Website, or any related software; provided, however, that you may download certain Content as indicated on the Website for your personal, non-commercial use only. You are hereby granted a non-exclusive, limited and revocable license to view the Content on the Website, but only while accessing the Website. In addition, you are hereby granted a right to download certain Content as expressly permitted by this website on the Website, including but not limited to the Digital Content provided as part of this website Rewards Program; however, that where this website expressly permits you to download certain Content as indicated on the Website you may do so only for your personal, non-commercial use and subject to any additional restrictions provided by this website either in these Terms and Conditions, on the Website or elsewhere as may be indicated by this website. No right, title or interest in or to any downloaded Content or software is transferred to you as a result of any such permissible downloading or copying.

The Content may contain omissions, errors, or may be out of date. The Content is provided for informational purposes only and this website is under no obligation to keep the Content updated. this website may, in its sole discretion, change, delete, update, modify or otherwise alter the Content at any time without providing notice to you.

USER GENERATED CONTENT

As used in this Section：

• "User Generated Content" means messages (including e-mail), data, information, text, music, sounds, photos, graphics, images, designs, icons, video or audio clips, files and comments, including but not limited to feedback, suggestions, reviews, questions or other material or content regarding our existing products, marketing strategies, business and customer service;

• "Interactive Areas" means reviews, forums, blogs, chat areas, bulletin boards or other interactive areas in which you or other Website users may post Comments, content, messages, materials or other items on the Website.

• Generally

By posting, distributing, sending or displaying User Generated Content to the Website, you:

• hereby grant to this website a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid-up, worldwide, and sublicenseable right to use, copy, reproduce, modify, adapt, translate, distribute, publish, create derivative works of, display, perform, and otherwise disclose or incorporate into other works, the User Generated Content for any purpose to the extent permissible by applicable law;

• grant this website and its subsidiaries the right (but not the obligation) to use your name in connection with such User Generated Content, subject to this website's Privacy Policy;

• represent and warrant that: you own and control all of the ownership rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content on or through this Website; such User Generated Content is true, accurate, complete, and not misleading and does not infringe or otherwise violate or breach any applicable laws or regulations; and the usage, publication and posting of such User Generated Content does not violate these Terms and Conditions and will not and could not violate any rights of, or cause or could cause injury to, any third person or entity; and further grant this website the right to pursue before any appropriate forum any person or entity that violates this website's or your rights under any applicable law in the User Generated Content.

User Generated Content submitted by you is deemed non-confidential and this website is under no obligation to treat such User Generated Content as proprietary information. Without limiting the foregoing, this website reserves the right to use the User Generated Content as it deems appropriate, including, without limitation, deleting, rejecting, or refusing to post it. this website is under no obligation to offer you any payment or compensation for User Generated Content, respond to any User Generated Content or to attribute authorship of User Generated Content to you. 

If, nonetheless, under any applicable law, it is determined that you retain moral rights in the User Generated Content which you have posted to the Website, you hereby agree that:

• you won't require that any personally identifying information be used in connection with the User Generated Content;

• you won't oppose the publication, use, modification or deletion of the User Generated Content by this website;

• you waive and will not claim or assert any entitlement to any moral rights in any of the User Generated Content, to the extent permissible under applicable law.

• Interactive Areas

This Website may contain Interactive Areas. If this website provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and you use them at your own risk. By way of example, and not as a limitation, you agree that when using any of the Interactive Areas, you will not post, upload, transmit, distribute, store, create or otherwise publish any of the following:

• Material that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, slanderous, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of the privacy or publicity rights of a third party, abusive, inflammatory, fraudulent or otherwise objectionable;

• Material that promotes illegal drugs, tobacco or firearms use;

• Material that constitutes hate speech or encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any applicable local, state, national or international laws or regulations;

• Material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any third party;

• Material that uses the names or likenesses of persons living or dead or their property without their prior express written permission or that impersonates any person or entity or otherwise misrepresents your affiliation with any person or entity;

• Advertising or links to other commercial websites;

• Names, postal addresses, telephone or telecopy numbers, email addresses, driver licenses, Social Security, national identity, passport and/or credit card numbers or other personally identifiable information of any third party;

• Viruses, corrupted data or other harmful, disruptive or destructive files;

• Material that is unrelated to the topic of the Interactive Areas in which such material is posted;

• Material that communicates messages inconsistent with the goodwill of this website or which otherwise violates these Terms and Conditions;

• Material that, in the sole judgment of this website, is objectionable or which may expose this website, you or other Website users to any harm, prejudice or liability.

To the extent possible under applicable law, this website takes no responsibility and assumes no liability for any User Generated Content posted, published, displayed or uploaded by you, or for any loss or damage thereto, nor is this website liable for any errors, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity or racial or gender slurs you may encounter or any other type of content posted, published, displayed or uploaded by third parties in violation of these Terms and Conditions. As a simple provider of the Interactive Areas, to the extent permissible by applicable law, this website is not and shall not be liable for any statements, representations or User Generated Content provided by its users on this Website. this website has no legal or contractual obligation to screen, edit or monitor any of the User Generated Content posted, published, displayed or uploaded to or through any Interactive Area and makes no claim that it will do so. However, this website reserves the option and right, at its sole discretion, to remove or modify any User Generated Content posted or stored on this Website without any prior notice of any type whatsoever and for any reason whatsoever.

Any use of the Website, including the Interactive Areas, in violation of these Terms and Conditions may result in termination or suspension of your permission to use the Website and/or any other website(s) owned or operated by this website.

UNSOLICITED IDEAS SUBMISSIONS

This website welcomes your feedback regarding our existing products, marketing strategies, business and customer service. Feel free to contact us with your valuable feedback.

However, our company policy does not allow us to accept or consider unsolicited ideas, suggestions, proposals, comments or materials, including for new or improved products, services or technologies, advertising campaigns, promotions, One for One ideas, product enhancements, processes, materials, designs, marketing plans, designs, artwork or new product names (collectively, "Submissions"). Please do not submit any Submissions in any form to this website or any of its employees. Since this website is constantly developing new ideas, strategies and products, we hope that you will understand that this policy is intended to help this website avoid potential misunderstandings or disputes when this website' products, lines of business or marketing strategies might seem similar or even identical to Submissions made to this website.

If, despite our policy, you still provide your Submissions to this website, the following terms shall apply to your Submissions, regardless of what your communication says. You agree that:

• this website shall automatically solely and exclusively own the content and form of all Submissions and such shall not be returned to you;

• this website may use, copy, redistribute and disclose the Submissions for any purpose in any manner, without compensation to you or any other person or party; and

• this website is not and shall be under no obligation to: pay any compensation for any Submissions; attribute any Submissions to you; respond to any Submissions; or keep any Submissions confidential.

THIRD PARTY CONTENT, LINKS TO THIRD PARTY WEBSITES

Any Content, products or services posted on, transmitted through, or linked to by third parties from the Website are the sole responsibility of the third-party originator of such Content. this website does not control, approve, sponsor or endorse any third-party Content, products or services on or linked through the Website and we make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any third-party Content, products or services. Links to any third-party Content are provided for your convenience only. If you choose to access any third-party Content, you agree that you do so at your own risk and this website is not responsible or liable for any loss or damage of any sort that you may incur as a result of any third-party Content, products or services.

This Website may contain links to third-party services and resources. You acknowledge that this website is not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites; and this website is not responsible for any other form of transmission received from any linked website. this website is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by this website of the website. Any concerns regarding any such link should be directed to the particular third party website.

ACCESS TO AND USE OF WEBSITE, ACCEPTABLE USE POLICY

We do not guarantee that the Website, or any Content on it, will always be available or uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change any or all part of the Website without notice. We will not be liable to you if, for any reason, our Website is unavailable at any time or for any period.

Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.

• Acceptable Use Policy

By using the Website, you agree to comply with all content and conduct standards set forth in these Terms and Conditions. By way of example and not limitation, you agree not to:

• modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, frame, use, transfer or sell any information, products, services or Content provided through or obtained from the Website, including without limitation, engage in the practice of "screen scraping," or any other similar activity;

hack into the Website, the server on which the Website is stored, or any server, computer or database connected to the Website, or attack the Website via a denial-of-service attack or a distributed denial-of service attack;

• modify another website so as to falsely imply that it is associated or affiliated with the Website;

• damage, disable, overburden, transmit any worms, viruses, trojans, logic bombs or other material of a destructive nature, or interfere with any other party's use and enjoyment of the Website;

• violate any applicable laws, rules or regulations in your jurisdiction;

• use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the operation of the Website; or

• use the Website for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by these Terms and Conditions.

• Account Security

For any portion of the Website that requires a user name and/or password, you are responsible for all use of your account (under any user name or password) and for ensuring that all use of your account complies fully with the provisions of these Terms and Conditions. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless this website, its officers, directors, employees, agents, licensors, suppliers, vendors, manufacturers and distributors (collectively, the "this website Parties") from and against any and all claims, actions, demands, charges, complaints, damages, losses, liabilities, costs and expenses (including but not limited to attorneys' fees), arising from or in connection with:

• your misuse of the Website;

• any Content submitted, posted, or otherwise provided by you to the Website, any of this website Parties, and/or its agents, third party licensors or licensees,

• your breach of any provision of these Terms and Conditions or any representations you provide herein, and/or

• your use of the Website. this website reserves the right to take exclusive control and defense of any claim subject to this indemnification by you, in which event you will cooperate fully with this website in asserting any and all available defenses.

This provision does not require you to indemnify any of this website Parties for any unconscionable commercial practice by such party or for such party's fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Content provided hereunder.

DISCLAIMER, WARRANTIES

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WEBSITE AND CONTENT ON THE WEBSITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, THIS SITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS SITE DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE FROM VIRUSES OR ANYTHING ELSE HARMFUL. FURTHER, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, THIS SITE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY, OR COMPLETENESS OF THE WEBSITE, CONTENT, THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS WEBSITE, USER GENERATED CONTENT, SUBMISSIONS, INFORMATION, GIVING INFORMATION MADE BY THIS SITE OR ITS GIVING PARTNERS, INFORMATION PROVIDED BY THIRD PARTY VENDORS, OR ANY OTHER ITEMS OR MATERIALS ON THE WEBSITE OR LINKED TO FROM THE WEBSITE.

THIS SITE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY :

• ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, INFORMATION, WEBSITE AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE WEBSITE,

• PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE, OR ANY THIRD PARTY WEBSITE(S),

• ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST THE WEBSITE OR ANY THIRD PARTY WEBSITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN,

• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR THIRD PARTY WEBSITE(S),

• ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR ANY THIRD PARTY WEBSITE(S) BY THIS SITE OR ANY THIRD PARTY, AND/OR

• ANY ERRORS OR OMISSIONS IN THE NETWORK OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.

NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN, DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THIS SITE OR ITS SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS, VENDORS, MANUFACTURERS OR DISTRIBUTORS (COLLECTIVELY, THE "THIS SITE RELEASED PARTIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY OR GOODWILL, ARISING FROM OR IN CONNECTION WITH :

• THE USE OF, OR INABILITY TO USE, THE WEBSITE;

• THE PROVISION OF OR FAILURE TO PROVIDE CONTENT, OR SOFTWARE AVAILABLE FROM, ON OR THROUGH THE WEBSITE OR ANY THIRD-PARTY WEBSITE(S); OR

• THE CONDUCT OF OTHER USERS OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR SOLE REMEDY AGAINST THIS SITE RELEASED PARTIES FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. NOTWITHSTANDING THE FOREGOING, THESE LIMITATIONS OF LIABILITY DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.