Website Terms & Conditions of Use - Posted February 01, 2009
YOUR ACCESS AND USE OF THE WWW.DAICHEONGINC.COM WEBSITE (THIS WEBSITE), WHICH IS OPERATED BY DAI CHEONG TRADING COMPANY, INC. (DAI CHEONG, US, OUR OR WE), IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF USE (TERMS OF USE). PLEASE READ THESE TERMS OF USE CAREFULLY. BY CLICKING I ACCEPT AND/OR OTHERWISE ACCESSING, BROWSING, OR USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED, AND AGREED TO THESE TERMS OF USE WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT ACCESS, BROWSE, OR USE THIS WEBSITE OR THE CONTENT OR SERVICES HEREON.
1. Acceptance of Terms of Use and Amendments.
In order to use this Website, you represent and warrant that you have the legal capacity to accept these Terms of Use on behalf of yourself and your company. We will notify you of any changes to these Terms of Use by posting a revised version on this Website and your subsequent use of this Website shall be subject to such revised terms.
2. Our Service.
You agree that we exclusively reserve the right and may, at any time, for any reason and without notice and any liability to you, modify or discontinue your access to this Website and/or the content, artwork, graphics, text, information, sound files and other materials provided on or through this Website (altogether, the Content), whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any of the Content, service or information on this Website.
3. Viewing the Website; Password.
Authorized users may access this Website from a computer that has a pre-approved IP address which our server recognizes. We may also provide you with a password and logon ID in order to access certain portions of this Website. You are responsible for maintaining the confidentiality of your password and shall be responsible for all activity on the Website performed using your computer and/or password, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use of the Website via your computer or password. If you have problems accessing all or portions of this Website which you believe you are authorized to access, please contact us by using the contact information provided below.
4. Your Conduct.
You explicitly agree, in using this Website or any of the Content or service hereon, that you shall not:
(a) perform any conduct that may be unlawful or designed to or does interfere or interrupt this Website or any service provided hereon, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity; or
(c) provide or use this Website and any Content or service hereon or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent.
5. Confidentiality.
You acknowledge that the Content and access to this Website is confidential. As such, you agree to keep the Content strictly confidential by using the same care and discretion that you use to protect your own similar information which you consider to be confidential. You agree that you shall not disclose the Content to anyone other than those employees that both (a) have a bona fide need to know, and (b) are subject to a confidentiality agreement or obligations of confidentiality providing equivalent protection as those set forth herein.
6. Separate or Additional Terms.
Notwithstanding anything contained in the foregoing paragraph, certain Content and/or services on this Website may be subject to additional terms or conditions of use which are stated either elsewhere on this Website or in such content. You agree to comply with such terms and conditions with respect to your use of such Content or services and agree that such additional terms are incorporated herein by this reference
7. Indemnification.
You agree that you shall be solely responsible for any and all liabilities arising from: (i) your failure to comply with these Terms of Use or (ii) your use of this Website and/or any Content or services. You agree to indemnify and hold DAI CHEONG TRADING COMPANY, INC. and DAI CHEONG TRADING COMPANY, INC.s directors, officers, employees, agents, attorneys, subsidiaries, affiliates, independent contractors, advertisers, partners, co-branders and sublicensees and each of their respective successors and assigns harmless from all damages, costs, expenses and other liabilities including, but not limited to, attorneys fees and expenses relating to any claim arising out or resulting from: (i) your access to and use of this Website and the Content or services hereon or (ii) your violation of these Terms of Use or any other violation of the rights of another person or party.
8. Disclaimer of Warranties.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND ANY CONTENT OR SERVICES PROVIDED HEREON IS PROVIDED TO YOU AS IS, AS AVAILABLE AND AT YOUR OWN RISK. DAI CHEONG TRADING COMPANY, INC., ITS EMPLOYEES, AFFILIATES AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
9. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL DAI CHEONG TRADING COMPANY, INC., ITS EMPLOYEES, AFFILIATES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
10. Our Intellectual Property Rights.
This Website, including any Content or services thereon, is owned by us and our licensors. You are hereby granted a personal, non-exclusive, non-transferable, fully-revocable right to access and view the Content solely for internal use by your company. All rights in and to the Content not expressly granted to you in this paragraph are reserved by DAI CHEONG TRADING COMPANY, INC..
11. Applicable Law.
You agree that these Terms of Use and any dispute arising out of your use of this Website or the Content or services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. By using this Website and service you consent and submit to the exclusive jurisdiction and venue in the State and Federal District Court located in California.
12. Assignment.
You may not assign or otherwise transfer in any way any of the rights and obligations arising out of these Terms of Use without the prior written consent of us, which consent may be withheld at our sole and absolute discretion. We may assign these Terms of Use in whole or in part at any time with or without notice to you.
13. Invalidity and Waiver.
In the event that any clause is deemed invalid or unenforceable or these Term of Use conflict with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain valid and intact. The failure of either party to assert any right under these Terms of Use shall not be considered a waiver of any that partys right and that right will remain in full force and effect. You agree that without regard to any statute or contrary law that any claim or cause arising out of this Website or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred.
14. Entire Agreement.
These Terms of Use constitute the entire agreement between you and DAI CHEONG TRADING COMPANY, INC. with respect to the subject matter hereof and supersede all prior agreements, understandings, negotiations and discussions, whether oral or written.
15. Contact Us.
If you have questions, comments or concerns regarding these Terms of Use or this Website, please feel free to contact us at:
DAI CHEONG TRADING COMPANY, INC.
317 NORTH AVENUE 19
LOS ANGELES, CA 90031-1706
Tel: (323) 225-1888
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