This SinoApps Service Agreement
(the "Agreement") is entered into by and between SinoApps LLC and the
entity agreeing to the terms herein ("User"). This Agreement will be
effective as of the date when User clicks the "I Accept" button. If User is
accepting on behalf of User employer or another entity, User represents and
warrants that: (i) User has full legal authority to bind User employer or such
entity to these terms and conditions; (ii) that User has read and understood
this Agreement; and (iii) that User agrees, on behalf of the party that User
represents, to this Agreement. This Agreement governs User access to and use
of the Service (as defined below).
Description of Service
SinoApps provides Users with
access to online applications including templates downloading, and reports
generation for China RoHS Compliance based on data provided by users (the
"Service" and "Services"). User may connect to the Service using any
Internet browser. Users are responsible for obtaining access to the Internet and
the equipments necessary to use the Services. SinoApps will host accounts to
enable User to use the Service ("Account"). Users are responsible for
the contents they submit and Account information.
Fee
User agrees that User shall be
responsible for all fees concerning the SinoApps Service. Provided that
SinoApps continues to offer the Service to User, SinoApps will continue to
provide subscription based Service with monthly fee to User. User is required to pay the monthly subscription fee during
setup. Should User cancel the service, the service will be terminated
immediately without refunding the balance of the current month payment. SinoApps reserves the right at
any time to charge or modify fees for access to portions or whole of any or all
of the Services. However, such fees shall not be charged unless User prior
agreement to pay such charges is obtained. Thus, if at any time SinoApps
requires a fee for any of the Services, User will be given reasonable advance
notice of such fees and the opportunity to cancel membership before such charges
are imposed. If User elects not to pay any fees charged by SinoApps, SinoApps
shall have the right to cease providing the Service to User.
Modification of Terms of
Services
SinoApps may modify these Terms
of Services upon notice to User at any time. These modifications may include,
without limitation, payment for the Services. User will be provided notice of
any such modification by electronic mail or by publishing the changes on the
website
http://www.sinoapps.com/term.jsp. In
the event SinoApps modifies these Terms of Services, User may terminate any or
all of the Services. User continued use of the Service after notice of any
change to the Terms of Services will be deemed to be User agreement to the
amended Terms of Services.
Member Registration Obligations
In consideration of User use of the Services, User agree to: a) provide true,
accurate, current and complete information about User as prompted by the
Registration Process; and b) maintain and promptly update User Registration data
to keep it true, accurate, current, and complete. If User provides any
information that is untrue, inaccurate, outdated, or incomplete, or if SinoApps
has reasonable grounds to suspect that such information is untrue, inaccurate,
outdated, or incomplete, SinoApps has the right to terminate User Membership and
refuse current or future use of any or all of the Services.
User Generated Content
User may transmit or publish content created by User using any of the SinoApps
services or otherwise. However, User shall be solely responsible for such
content and the consequences of its transmission or publication. Any content
that User may receive from other users of SinoApps services, is provided to User
AS IS for Users information and personal use only and User agree not to use,
copy, reproduce, distribute, transmit, broadcast, display, sell, license or
otherwise exploit such content for any purpose, without the express written
consent of the person who owns the rights to such content. In the course of
using any SinoApps Service, if User come across any content with copyright
notice(s) or any copy protection feature(s), User agree not to remove such
copyright notice(s) or disable such copy protection feature(s) as the case may
be. By making any copyrighted/copyrightable content available on any of the
SinoApps Services User affirm that User has the consent, authorization or
permission, as the case may be from every person who may claim any rights in
such content to make such content available in the such manner. Further, by
making any content available in the manner aforementioned, User expressly agree
that SinoApps shall have the right to block access to or remove such content
made available by User, if SinoApps receives complaints concerning any
illegality or infringement of third party rights in such content. By using
SinoApps services and transmitting or publishing any content using such service,
User expressly consent to determination of questions of illegality or
infringement of third party rights in such content by the agent designated by
SinoApps for this purpose.
Subscription to Trial Service
SinoApps may offer certain services as trial
services (the "Trial Service") for the purpose of User testing and evaluation.
SinoApps shall have the sole authority and discretion to determine the period of
time for testing and evaluation of the Trial Service. SinoApps shall be the sole
judge of the success of such testing and the decision, if any, to offer any of
the Trial Service as a commercial service. You will be under no obligation to
acquire a subscription to use any commercial service as a result of User
subscription to the Trial Service. SinoApps reserves the right to modify or
discontinue, at any time and from time to time, temporarily or permanently, the
Trial Service (or any part thereof) with or without notice. You agree that
SinoApps shall not be liable to User or to any third party for any harm related
to, arising out of, or caused by the modification, suspension or discontinuance
of the Trial Service for any reason. All terms in Terms of Services related to
the Services shall be applicable to the Trial Services.
Privacy
Information provided to SinoApps
through the Service is governed by
SinoApps Privacy Policy and applicable
laws related to privacy information. User election to use the Service indicates
User acceptance of the terms of the
SinoApps Privacy Policy. User is
responsible for maintaining the confidentiality of User Account information and
other sensitive information. User is responsible for all activities that occur
in User Account and Users agree to notify SinoApps immediately of any
unauthorized Account use at
support@SinoApps.com. SinoApps is in no
way responsible for any loss or damage to User or to any third party incurred as
a result of any unauthorized access and/or use of User Member Account.
Restriction of use
In addition to all other terms
and conditions of this Agreement, User shall not: (i) transfer or otherwise make
available to any third party the Services; (ii) provide any Service based on the
Services; (iii) use the third party links to sites without agreeing to their
website terms & conditions; (iv) post any third party link sites including their
logo, company name, etc. without their prior written permission; or (v) use the
Services for spamming and illegal purposes.
General practices regarding
use and storage
User agrees that SinoApps has no responsibility or liability for the deletion
or failure to store any Content and other communications maintained or
transmitted by SinoApps Services. User acknowledge that SinoApps may have set
fixed upper limit on the number of transmissions User may send or receive
through SinoApps Services or the amount of storage space used. SinoApps may
retain the right, at our sole discretion, to create limits at any time with or
without notice.
Upon the termination of User use of SinoApps Services, including upon receipt
of a certificate or other legal document confirming User death, SinoApps will
close User account and User will no longer be able to retrieve content contained
in that account.
Spamming and illegal activities
User agrees to be solely
responsible for the contents of transmissions through the Services. User agrees
not to use the Services for illegal purposes or for the transmission of material
that is unlawful, harassing, libelous, invasive of another privacy, abusive,
threatening, harmful, vulgar, obscene, or otherwise objectionable, contains
viruses, or that infringes or may infringe the intellectual property or other
rights of another. User agree not to use the Service for the transmission of
"junk mail", "spam", "chain letters", or unsolicited mass distribution of email.
SinoApps reserves the right to terminate the Services if SinoApps believes that
User has used the Services for any illegal or unauthorized activities.
Disclaimer of Warranties
USER EXPRESSLY UNDERSTAND AND AGREE THAT:
- USERS USE OF SINOAPPS SERVICES IS AT USERS SOLE RISK.
SINOAPPS SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, SINOAPPS AND PARTNERS EXPRESSLY DISCLAIM ALL
WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- SINOAPPS AND PARTNERS DO NOT WARRANT THAT (i) SINOAPPS
SERVICES WILL MEET USERS REQUIREMENTS, (ii) SINOAPPS SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF SINOAPPS SERVICES WILL BE ACCURATE OR RELIABLE, (iv)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY USER THROUGH SINOAPPS SERVICES WILL MEET USERS
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF SINOAPPS SERVICES IS DONE AT USERS OWN DISCRETION AND RISK AND
THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USERS COMPUTER SYSTEM
OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY USER FROM SINOAPPS OR THROUGH OR FROM SINOAPPS SERVICES SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
- Whilst all
endeavors have been made as to the accuracy of the information in the template
and the english and chinese versions of china rohs reports, SinoApps LLC, and
its Directors accept no liability whatsoever for the accuracy of the content,
or liability for any damages or financial loss resulting from use of the
template and china rohs reports whether in contract, or otherwise.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT SHALL SINOAPPS BE LIABLE FOR ANY DIRECT,
CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE
WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER
FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY
USERS USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SINOAPPS HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE. USERS SOLE AND EXCLUSIVE REMEDY FOR ANY
DISPUTE WITH SINOAPPS RELATED TO THE SERVICE SHALL BE CANCELLATION OF THE
SERVICE. The exclusion or limitation of liability for consequential or
incidental damages may not apply to User if Users state does not permit such
exclusion or limitation of liability.
Indemnification
User agree to indemnify and hold
harmless SinoApps, its officers, directors, employees, suppliers, and
affiliates, from and against any losses, damages, fines and expenses (including
attorney fees and costs) arising out of or relating to any claims that User
has used the Services in violation of another party rights, in violation of
any law, in violations of any provisions of these Terms of Services, or any
other claim related to User use of the Services.
Arbitration
Any controversy or claim arising
out of or relating to these Terms of Services shall be settled by binding
arbitration in accordance with the commercial arbitration rules of the American
Arbitration Association. Any such controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in any arbitration with any
claim or controversy of any other party. The decision of the arbitrator shall be
final and unappealable. The arbitration shall be conducted in California and
judgment on the arbitration award may be entered into any court having
jurisdiction thereof. Notwithstanding anything to the contrary, SinoApps may at
any time seek injunctions or other forms of equitable relief from any court of
competent jurisdiction.
Trademark
SinoApps, the names of different
SinoApps Services and their logs are trademarks of SinoApps, LLC. User agree not
to display or use, in any manner, the SinoApps trademarks, without SinoApps
prior permission.
Termination
User agrees that SinoApps may
terminate Member Account and access to the Services for reasons including, but
not be limited to, breaches or violations of these Terms of Services or the
SinoApps Privacy Policy, a request by User to terminate User Account,
discontinuance or material modification to the Services, unexpected technical
issues or problems, extended periods of inactivity and requests by law
enforcement or other government agencies. Termination of User SinoApps Account
includes elimination of access to the Service, deletion of User Account
information such as User e-mail ID and Password and deletion of data in User
Member Account as permitted or required by law.
END OF TERM OF SERVICES
If User has any questions or
concerns regarding this agreement, please contact us at
support@SinoApps.com
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