Last updated: February 10, 2012
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
We are providing this Site and its contents on an “AS IS” basis and make no representation or warranty of any kind, express or implied, with respect to this Site or its contents. To the full extent permissible by applicable law, we disclaim all such representations and warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, effort to achieve purpose, quality, accuracy, non-infringement, quiet enjoyment, and title. In addition, we do not represent or warrant that the information accessible through this site is accurate, complete, or current. We do not warrant that this Site, the computer servers, or e-mail sent from us are free of viruses or other harmful components.
We may provide links or pointers to Internet sites maintained by third parties. We do not operate or control in any respect any information, products, or services on these third-party sites. The materials in this Site and the third-party sites are provided “AS IS” and “AS AVAILABLE” and without warranties of any kind either express or implied. We do not warrant or make any representations regarding the use or the results of the use of the materials in this Site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
We and any Affiliated Party (defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party.
THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, SERVICES AND ANY DOCUMENTS PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
REGARDING COMPANY SERVICES
The content, services, free samples and freebie offers listed through the SITE are provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation and use of these services or the information, content, materials, or products provided therein. You expressly agree that your use of these services is at your sole risk.
To the full extent permitted by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, effort to achieve purpose, quality, accuracy, non-infringement, quiet enjoyment, and title.
In no event will we, or any of our managers, members, officers, employees, agents, or representatives be held liable for any damages of any kind, including without limitation compensatory, direct, indirect, or consequential damages, loss of employment, loss of income or data, loss of or damage to property, and claims of customers or third parties arising from any customer’s interactions with these 3rd party sites. The information provide on the SITE are for general information purposes only and do not constitute professional advice or information. It is your full responsibility to evaluate the accuracy and completeness of all information available on this SITE and any website that it is linked.
We will not refund the purchase price of our services under any circumstance.
MODIFICATIONS TO TERMS OF SERVICE AND SERVICE
We may change this Agreement from time to time at our sole discretion. We also reserve the right to modify or discontinue, temporarily or permanently, our services with or without notice. You agree that we shall not be liable to you or any third-party for any modification or discontinuance of services.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
All ideas, e-mails, notes, suggestions, concepts and other information sent by you to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Accordingly, all submissions sent to us will be deemed as our property and shall be entitled to unrestricted use of the Submissions for any purpose without compensation to the provider of the Submissions.
All trademarks on the Site are either trademarks or registered trademarks of the Company, its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) or licensors. No trademarks, registered trademarks, product names, company names or logos of the Company or Affiliated Parties, displayed on the Site, may be copied, imitated, or used, in whole or in part, without our or their prior written permission.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to you, your email addresses, usage history, posted materials, IP addresses and traffic information.
REMEDIES FOR VIOLATIONS
We reserve the right to seek all remedies available at law and in equity for violations of this Agreement, including but not limited to the right to block access from a particular internet address to this Site.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any information, materials or documents provided therein.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS. 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 arbitration shall be conducted in Taipei, Taiwan, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Taipei, Taiwan necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.
STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.