TERMS OF USE AGREEMENT

 

 

 

SCOPE AND APPLICABILITY

 

These Terms of Use Agreement (the "Agreement") are applicable to the web pages, services, content, databases and information (collectively the “Services”) provided by China Sunbow & Associates (“China Sunbow”) from which you accessed this Agreement. These Services are made available by China Sunbow subject to the following terms and conditions of this Agreement.

 

AGREEMENT

 

BY CONTINUING TO USE THE SERVICES, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, CHINA SUNBOW IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE SERVICES AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE SERVICES.

 

China Sunbow may modify this Agreement and update the Services from time to time in its sole discretion and without notice to you. You should review this Agreement and the Services periodically to ensure familiarity with its then-current terms and conditions as well as the Services. Your continued use of the Services shall constitute your acceptance of this Agreement and your continued use of the Services following any modification of this Agreement shall constitute your acceptance of such modifications to this Agreement.

 

USE OF THE SERVICES

 

These Services are intended for your personal and non-commercial use. The Services (and the content and information included herein) are protected by copyright pursuant to Chinese laws and are owned or licensed by China Sunbow. You shall abide by all copyright notices, information or restrictions contained in any content or information accessed through the Services. You agree not to reproduce, retransmit, disseminate, sell, distribute, display, publish, create new works from, or commercially exploit the Services (including the content and information made available through the Services), in whole or in part, in any manner, without obtaining express written consent from China Sunbow, nor to use the content or information made available through the Services for any illegal purposes.

 

You may download or copy content or information contained in the Services for personal use only, provided that you maintain all copyright and other notices contained herein. Copying or storing of any content or information from the Services for other than personal use is expressly prohibited without prior written permission from China Sunbow.

 

NO LEGAL ADVICE OR ATTORNEY-CLIENT RELATIONSHIP

 

Information contained on or made available through the Services is not intended to and does not constitute any legal advice, recommendations, mediation or counseling under any circumstance. The Services and your use thereof do not create an attorney-client relationship either.

 

LINKS TO OTHER WEB SITES

 

The Services contain links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web sites on our Services does not imply approval or endorsement of the linked web sites by us. If you decide to leave our Services and access these third-party sites, you do so at your own risk.

 

TERMINATION

 

China Sunbow may discontinue or change the Services, or their availability to you, immediately, in its sole discretion, at any time without any reasons. China Sunbow may also terminate this Agreement and your access to and use of the Services, or any portion thereof, immediately, in its sole discretion, at any time without any reasons.

 

DISCLAIMER OF WARRANTIES

 

Information and content provided in connection with these Services may be delayed as specified by financial exchanges. China Sunbow furnishes the information available in connection with these Services without responsibility for accuracy and you agree that errors or omissions contained in such information shall not be made the basis for any claim, demand or cause of actions against China Sunbow. China Sunbow believes the Services (including the information and content herein) to be reliable, but accuracy is not warranted or guaranteed. China Sunbow may point to and/or link to other web sites that may be of interest to you but for which China Sunbow has no responsibility. The Services includes facts, views, opinions and recommendations of individuals and organizations deemed of interest. China Sunbow does not guarantee the accuracy, completeness or timeliness of, or otherwise endorses, these views, opinions or recommendations, nor gives any investment advice just through these Services if you do not contact our associates for a specific legal advice. You understand and agree that your use of the Services is at your sole risk. CHINA SUNBOW HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

 

LIMITATION OF LIABILITY

 

NEITHER CHINA SUNBOW NOR ANY OF ITS EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

APPLICABLE LAWS AND DISPUTES RESOLUTION

 

The formation of this Agreement, its validity, interpretation and settlement of disputes shall be governed by the relevant laws of the People’s Republic of China, without regard to its conflict of law principles.

 

Any legal controversy or legal claim arising out of or relating to this Agreement or the Services shall be settled down solely by confidential binding arbitration in accordance with the current-then arbitration rules of China International Economic and Trade Arbitration Commission (“CIETAC”), Shanghai Commission. The arbitral procedures shall be conducted in the Chinese language. The arbitration shall be conducted in Shanghai, China. The arbitration fees shall be borne by the losing Party except as otherwise awarded by the arbitration tribunal, however each Party shall bear its own attorneys’ fees.

 

MISCELLANEOUS

 

This Agreement constitutes the entire agreement between you and China Sunbow regarding your use of the Services on the web site from which you accessed this Agreement. This Agreement supersedes all previous and contemporaneous oral and written agreements between you and China Sunbow regarding your use of the Services on the web site from which you accessed this Agreement.