terms of use
Terms of Use (Last Updated: July 2018)
This website and/or its mobile sites and applications (collectively, the "Site") are owned and operated by service@fcjqzl.com (hereinafter referred to as the "Company"). These Terms of Use (hereinafter referred to as the "Terms") govern your use of the Site. Any purchase of products or services made through the Site is subject to the "Terms of Purchase" (hereinafter referred to as the "Purchase Terms") posted on the relevant company website; such Purchase Terms are hereby incorporated into these Terms by reference. Furthermore, your use of the Site is also subject to the "Privacy Statement," which is hereby incorporated into these Terms by reference.
Throughout the Site, the terms "we" and "our" refer to the Company. The Company offers the Site to you—the user—including all information, tools, and services available on the Site, conditioned upon your acceptance of these Terms of Use. By continuing to use the Site, you signify your agreement to these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use the Site.
Before using the Site, please be sure to carefully read these Terms of Use, as well as the Privacy Statement and any other policies or agreements referenced herein. Your use of the Site constitutes your agreement to these Terms of Use, which include, without limitation, the arbitration agreement and class action waiver provisions described in the "Dispute Resolution" section below.
Data Integrity
You represent that all information, data, and other materials you provide to the Company—whether on the Site or through any other means—are true, accurate, current, and complete. You are responsible for updating and correcting the information you provide on the Site as appropriate.
Privacy Statement
A copy of the Privacy Statement, which governs the collection, use, disclosure, and other processing activities regarding personal information on the Site, is available at http://www.service@fcjqzl.com. You agree that any personal information about you obtained by the Company—whether through the Site, email, telephone, or any other means—shall be collected, stored, and otherwise processed in accordance with the terms of the Privacy Statement. License and Site Access
All content provided through this website (including, but not limited to, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, and software, as well as the selection and arrangement thereof) is the exclusive property of the Company, its licensors, or its content providers, and is protected by copyright, trademark, and other applicable laws.
The Company grants you a limited license to access and make personal use of this website. Unless otherwise stated, you may access, copy, download, and print the content on this website for personal, non-commercial purposes, provided that you do not modify or remove any copyright, trademark, or other proprietary notices appearing within the content. The Company, its licensors, or content providers retain full and complete ownership (including all associated intellectual property rights) of the content available on this website and provide such content to you pursuant to a license agreement; this license agreement may be revoked at any time at the Company's sole discretion. Our Company strictly prohibits any other form of use of any content provided through this website, including but not limited to:
Downloading, copying, or otherwise utilizing the content of this website—or the website itself—for purposes that compete with our Company, or for the benefit of other suppliers or any third party;
Any form of caching, unauthorized linking to, or "framing" of any content on this website;
Modifying, distributing, transmitting, performing, broadcasting, publishing, uploading, licensing, reverse engineering, transferring, or selling any content, products, or services obtained from this website, or creating derivative works based on such content, products, or services—particularly where you do not possess the right to provide such content (e.g., involving the intellectual property rights of third parties);
Uploading, posting, or transmitting any material containing software viruses, or other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer;
Using any hardware or software designed to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from this website (including, but not limited to, the use of "scraping" or other data mining techniques, bots, or similar data gathering and extraction tools); or
Any conduct that imposes (or, in our Company’s sole discretion, may impose) an unreasonable or disproportionately heavy load on our Company’s infrastructure, or that damages or interferes with the proper functioning of our Company’s infrastructure.
You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site. You may not bypass any measures that have been implemented to prevent or restrict access to this Site. Any unauthorized access to the Site by you (including any such access or use that involves in any way an account you may establish on the Site or any device you may use to access the Site) shall terminate the permission or license granted to you by the Company.
The Company reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site and prohibit any person from using this Site for any reason whatsoever, and to limit or terminate your access to or use of the Site at any time without notice. The Company neither warrants nor represents that your use of the content available on this Site will not infringe rights of third parties not affiliated with the Company. Termination of your access or use will not waive or affect any other right or relief to which the Company may be entitled, at law or in equity.
Content You Submit
You acknowledge that you are responsible for any content you may submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not upload to, distribute or otherwise publish through this Site any content that is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable laws.
You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.
With respect to any content you submit, post, upload, publish or otherwise make available through the Site (other than personal information, which is handled in accordance with the Privacy Notice, you grant the Company a perpetual, irrevocable, non-terminable, worldwide, transferable, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media. Any such content will not be treated as confidential. You hereby represent, warrant and covenant that: (i) any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to the Company; and (ii) the Company is free to exercise its rights to and/or implement your content if it so desires, without obtaining permission or license from any third party and without reference to you or any other person.
Links
This Site may contain links to other websites or resources that are operated by third parties not affiliated with the Company. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. Different terms and conditions and privacy policies may apply to your use of any linked sites or resources. The Company is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.
DISCLAIMERS
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE OR THE TERMS OF SERVICE OR TERMS OF PURCHASE, AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT ANY CONTENT ON THE SITES, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE COMPANY SITES, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS, INFORMATION, SERVICES AND PRODUCTS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE COMPANY DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE COMPANY SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), NEITHER THE COMPANY NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS (THE “COMPANY PARTIES”) WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS SITE, OR ANY OTHER SITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED THROUGH THE COMPANY SITES, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES (INCLUDING PRODUCT LIABILITY); (4) ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE; (5) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE SITE; OR (6) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE OR RESOURCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE YOUR USE OF THE SITE.
YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnities
You will indemnify and hold harmless the Company Parties from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by the Company Parties and such parties, and shall defend the Company Parties and such parties against any and all claims arising out of (1) your breach of these Terms and Use; (2) your breach of the Terms of Purchase; (4) fraud you commit, or your intentional misconduct or gross negligence; or (5) your violation of any applicable law or the rights of a third party. The Company Parties will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of the Company Parties.
Electronic Communications
When you use the Site or send emails to the Company, you are communicating with the Company electronically. You consent to receive electronically any communications related to your use of this Site. The Company will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from the Company intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on any of the Company Sites.
Site Postings
The Site may provide users with the ability to send post messages on the Site. The Company is under no obligation to review any content (including any messages) posted on or sent through the Site by users and assumes no responsibility or liability relating to any such content. The Company, in its sole discretion, may monitor, not post or remove any such content.
Trademarks and Copyrights
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of the Company or its licensors or content providers, or other parties. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites without the written permission of the Company or such third party which may own the Marks. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without the Company’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without the Company’s express written consent. All contents (including any software programs) available on or through the Site are protected by copyright, trademark and other applicable laws.
Claims of Intellectual Property Infringement
The Company respects the intellectual property of others, and we ask our users to do the same. You are hereby informed that the Company has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of website users who are repeat copyright infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Company’s Copyright Agent the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):
The electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed; or, if a single notification covers multiple copyrighted works located on the same online site, a representative list of such works at that site;
Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity (i.e., the material that is to be removed or to which access is to be disabled), and information reasonably sufficient to permit us to locate the material on the website;
Your address, telephone number, and (if available) email address;
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; and
A statement by you (made under penalty of perjury) that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.
The contact information for our designated agent to receive notifications of claims of copyright or other intellectual property infringement is as follows:
Email: service@fcjqzl.com
We may update the above contact information from time to time without prior notice to you. We will post the most current contact information on this website.
**Survival of Terms Upon Termination**
Notwithstanding any other provisions in these Terms of Use, or any general legal principles to the contrary, any terms within these Terms of Use that impose or contemplate continuing obligations on a party shall survive the expiration or termination of these Terms of Use. **Force Majeure**
If the Company is unable to perform or is delayed in performing its obligations under these Terms of Use or Terms of Purchase (whether in whole or in part) due to any of the following events or series of events (whether directly or indirectly caused), the Company shall be excused from such performance obligations: (1) weather conditions, other natural elements, or acts of God; (2) acts of war, acts of terrorism, riots, civil disturbances, civil unrest, or insurrection; (3) quarantine restrictions or embargoes; (4) labor strikes; or (5) other causes beyond the Company’s reasonable control. **Risk of Loss**
Goods purchased through this Website are shipped by a third-party carrier pursuant to a shipping contract. Accordingly, the risk of loss for such goods, as well as title thereto, passes to you upon our delivery of the goods to the carrier.
**Dispute Resolution**
Regardless of the manner in which you use this Website, you unconditionally agree to and accept the following: (i) Any dispute, controversy, difference, or claim arising out of or relating to this Agreement—including, without limitation, the existence, validity, interpretation, performance, breach, or termination hereof, or any dispute regarding non-contractual obligations—shall be submitted to and finally resolved by arbitration in accordance with the *UNCITRAL Arbitration Rules* in effect at the time the *Notice of Arbitration* is submitted; (ii) The governing law applicable to this arbitration clause shall be the laws of the Hong Kong Special Administrative Region of the People's Republic of China (hereinafter referred to as "Hong Kong"); (iii) The place of arbitration shall be Hong Kong; (iv) The number of arbitrators shall be one, to be appointed by the Hong Kong International Arbitration Centre (HKIAC); and (v) The arbitration proceedings shall be conducted in English.
General Provisions
If any provision set forth in these Terms of Use or Terms of Purchase is deemed invalid, void, or for any reason unenforceable, the parties agree that the court shall endeavor to give effect to the parties' intentions as reflected in that provision; furthermore, such unenforceable provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of these Terms of Use or Terms of Purchase. The section headings are for reference purposes only and do not limit the scope or extent of such sections. These Terms of Use or Terms of Purchase, as well as the relationship between you and the Company, shall be governed by the laws of Hong Kong (to the extent not preempted by or in conflict with federal law), without regard to its conflict of laws principles. For any litigation not subject to arbitration, both parties agree to submit to the personal jurisdiction of the courts located in Hong Kong.
If you or others violate these Terms of Use or Terms of Purchase and the Company fails to take action, such failure shall not constitute a waiver of the Company's right to take action regarding subsequent or similar violations. If any content on this Website, or your manner of using this Website, conflicts with the laws of the jurisdiction in which you are accessing the Website, then this Website is not intended for your use, and we request that you refrain from using it. You are solely responsible for informing yourself of, and complying with, the laws of your specific jurisdiction.
The Company does not guarantee that it will take action against all violations of these Terms of Use or Terms of Purchase. Except as expressly provided otherwise in these Terms of Use or Terms of Purchase, these Terms of Use or Terms of Purchase shall not create any third-party beneficiaries.
Changes to These Terms of Use
You acknowledge and agree that the Company may, at its sole discretion, modify, add to, or delete any part of these Terms of Use at any time and in any manner by posting the revised Terms of Use on this Website. Under no circumstances may you revise or modify these Terms of Use. It is your responsibility to periodically review any changes we make to these Terms of Use. Your continued use of this Website following any changes to these Terms of Use constitutes your acceptance of such changes. Assignment
You may not assign these Terms of Use or Terms of Purchase (or any rights, interests, or obligations contained herein), whether by operation of law or otherwise, without our prior written consent (which consent we may grant or withhold in our sole discretion). Any attempted assignment that does not comply with these Terms of Use or Terms of Purchase shall be null and void. We may, in our sole discretion, assign all or part of these Terms of Use or Terms of Purchase to any third party.
Entire Agreement and Admissibility
These Terms of Use constitute the entire agreement and understanding between you and us regarding the subject matter hereof, and supersede all prior or contemporaneous communications and proposals (whether oral or written) between the parties regarding such subject matter. For the avoidance of doubt, these Terms of Use shall apply only to the extent permitted by law.
In certain instances, these Terms of Use and a separate document providing additional conditions (hereinafter referred to as "Additional Terms") may both apply to a specific service or product offered through this website. In the event of a conflict between these Terms of Use and any "Additional Terms," the "Additional Terms" shall govern, unless such "Additional Terms" expressly provide otherwise.
A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to the use of this website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
How to Contact Us
If you have any questions or comments regarding these Terms of Use or this website, please contact us via email at service@fcjqzl.com.