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TERMS OF USEThese Terms of Use govern your access and use of this OKORDER web site. Please read these Terms of Use carefully before using the OKORDER Site. By accessing or using the OKORDER Site, you agree to these Terms of Use. If you do not agree to these Terms of Use, you may not use the OKORDER Site.
1. OKORDER has the right to amend these Terms of Use at any time and without notice to you. Such amendments shall be effective immediately upon posting. You agree to review the OKORDER Site periodically to be aware of any such amendments. Your continued use of a OKORDER Site after such amendments have been made shall constitute acceptance of the amendments.
2. Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site for the purpose of re-selling or re-distributing the OKORDER Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with OKORDER, or otherwise commercially exploiting the OKORDER Content. Systematic retrieval of OKORDER from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from OKORDER is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
3. OKORDER reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. In no event shall OKORDER be liable to the User for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
4. No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by OKORDER and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.
5. We urge that you read OKORDER 's Privacy Policy which governs the protection and use of each User's information in OKORDER 's possession. Each User hereby accepts the Privacy Policy and any updates and amendments thereto. Each User acknowledges that OKORDER may change the Privacy Policy from time to time provided that OKORDER shall make available the updated version of the Privacy Policy on the Site at all times. Your continuation of use of the Site shall be deemed to be your acceptance of the Privacy Policy which is then displayed on the Site at the time of such use.
6. As a condition of your access to and use of OKORDER website, you agree that you will not use the OKORDER service to infringe the intellectual property rights of others in any way. OKORDER will in appropriate circumstances terminate the accounts of members or users who repeat infringers of the copyrights, or other intellectual property rights, of others. In addition, OKORDER reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with use of the OKORDER service, or if OKORDER believes that user's conduct is harmful to the interests of OKORDER, its affiliates, or other users, or for any other reason in OKORDER 's sole discretion, with or without cause.
7. Each User who has filled out an on-line registration form on the Site by giving its information (such as name, address, telephone and fax number, email address, details of its business, etc.) is a registered user of OKORDER (a "Registered User"). OKORDER will establish an account ("Account") for each Registered User and each Registered User will be assigned a user alias ("User ID") and password ("Password") for log-in access to its own Account.
8. If the Registered User is a business entity, you represent that (a) you have the authority to bind the entity to this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to OKORDER during the registration process is true, accurate, current and complete.
9. By becoming a Registered User, you consent to the inclusion of your personal data in our Global Buyer Database and authorize OKORDER to share such information with other Users.
10. OKORDER may suspend or terminate a Registered User's Account or Email Account at any time by giving no less than 24-hour notice to the Registered User; provided, however, that notice is not required for such termination if (a) in OKORDER 's determination, there is any breach of the provisions of this Agreement by the Registered User; or (b) OKORDER has reasonable grounds to suspect that such information provided by a Registered User is untrue, inaccurate or is not current or complete, or (c) OKORDER believes that the Registered User's actions may cause financial loss or legal liability to such Registered User, OKORDER 's other Users, or OKORDER.
11. A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User ID or Password to a third party without the prior written consent of OKORDER. OKORDER may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.
12. You must be a Registered User in order to post information on the Site using the self-help submit and edit tools provided through the Site. Your status as a Registered User is governed by the provisions of Section 4 above.
13. No sales agency relationship is created between any User and OKORDER, our affiliates, directors, officers or employees by virtue of OKORDER 's display of any of the User's information on the Site.
14. Each User hereby represents warrants and agrees to (a) provide OKORDER with true, accurate, current and complete information to be displayed on the Site and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each User hereby grants an irrevocable, perpetual, worldwide and royalty-free, sublicensable (through multiple tiers) license to OKORDER to display and use all information provided by such User in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.
15. Each User hereby represents warrants and agrees that information submitted to OKORDER for display on the Site shall not:
16. OKORDER reserves the right in its sole discretion to remove any material displayed on the Site which it reasonably believes is unlawful, could subject OKORDER to liability, violates this Agreement or is otherwise found inappropriate in OKORDER 's opinion. OKORDER reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Furthermore, OKORDER may disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and OKORDER shall not be liable for damages or results thereof and User agrees not to bring any action or claim against OKORDER for such disclosure. In connection with any of the foregoing, OKORDER may suspend or terminate the Account of any User as OKORDER deems appropriate in its sole discretion. User agrees that OKORDER shall have no liability to User, including no liability for consequential or any other damages, in the event OKORDER takes any of the actions mentioned in this Section, and that User agrees to bear the risk that OKORDER may take such actions.
17. Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from OKORDER or through or from the Site shall create any warranty not expressly stated herein.
18. Under no circumstances shall OKORDER be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
19. Each User hereby agrees to indemnify and save OKORDER its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site (including but not limited to the display of such User's information on the Site) or from its breach of any of the terms and conditions of this Agreement. Each User hereby further agrees to indemnify and save OKORDER, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to OKORDER, including but not limited to those set forth in Sections 5.3, 5.4 and 5.5 above. Each User hereby further agrees to indemnify and save OKORDER, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that OKORDER is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. OKORDER reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with OKORDER in asserting any available defenses.
20. OKORDER shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
21. OKORDER is the sole owner or lawful licensee of all the rights to the Site and the OKORDER Content. The Site and OKORDER Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and OKORDER Content shall remain with OKORDER, its affiliates or licensors of the OKORDER Content, as the case may be. All rights not otherwise claimed under this Agreement or by OKORDER are hereby reserved.
22. OKORDER, the OKORDER logo and the OKORDR products are registered trademarks or trademarks or service marks of OKORDER Corporation in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
23. All notices or demands to or upon OKORDER shall be effective if in writing and shall be duly made when sent to OKORDER in the following manner: to 5/F Longbo Building, No.3 Nanlishi Rd., Xichen DistrictBeijing 100037, China
24. All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to OKORDER, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when
25. OKORDER is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or immediately upon OKORDER's posting such notice on an area of the Site that is publicly accessible without charge.
26. Subject to any additional agreements relating to Trust Pass Services, this Agreement and the Privacy Policy constitute the entire agreement between the User and OKORDER with respect to access to and use of the Site, superseding any prior written or oral agreements in relation to the same subject matter herein.
27. If any provision herein is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
28. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
29. OKORDER's failure to enforce any right or failure to act with respect to any breach by a User under these terms and conditions will not waive that right nor waives OKORDER's right to act with respect with subsequent or similar breaches.
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