We accept the following forms of payment:
- PayPal
- Stripe
You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the Site. You further agree to promptly
update account and payment information, including email address, payment method, and payment card
expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be
added to the price of purchases as deemed required by us. We may change prices at any time. All payments
shall be in U.S. dollars.
You agree to pay all charges at the prices then in
effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen
payment provider for any such amounts upon placing your order.
If your order is subject to recurring charges, then you consent to our
charging your payment method on a recurring basis without requiring your prior approval for
each recurring charge, until such time as you cancel the applicable order.
We reserve the right to correct
any errors or mistakes in pricing, even if we have already requested or
received payment.
We reserve the
right to refuse any order placed through the Site. We may, in our sole discretion, limit or
cancel quantities purchased per person, per household, or per order. These restrictions may include
orders placed
by or under the same customer account, the same payment method, and/or orders
that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in
our sole
judgment, appear to be placed by dealers, resellers, or distributors.
All sales are
final and no refund will be issued.
PROHIBITED ACTIVITIES
You may not access or use
the Site for any purpose other than that for which we make the Site available. The Site may not be
used in connection with any commercial endeavors except those that are specifically endorsed or
approved by us.
As a user of
the Site, you agree not to:
USER GENERATED
CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality, and may provide you with
the opportunity to create, submit, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to us or on the Site, including
but not limited to text, writings, video, audio, photographs, graphics,
comments, suggestions, or personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other users of the Site and
the Marketplace Offerings and through third-party websites. As such, any
Contributions you transmit may be treated as non-confidential and
non-proprietary. When you create or make available any Contributions, you
thereby represent and warrant that:
1. The creation, distribution,
transmission, public display, or performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights, including but not limited to
the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You
are the creator and owner of or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Site, and other users of the Site to use your
Contributions in any manner contemplated by the Site and these Terms of Use.
3. You have the
written consent, release, and/or permission of each and every identifiable individual person in
your Contributions to use the name or likeness of each and every such identifiable individual
person to enable inclusion and use of your Contributions in any manner contemplated by the Site
and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials,
pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your
Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not
ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate
the violent overthrow of any government or incite, encourage, or threaten physical harm against
another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10.
Your Contributions do not violate the privacy or publicity rights of any third party.
11.
Your Contributions do not contain any material that solicits personal information from anyone
under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise
intended to protect the health or well-being of minors;
13. Your Contributions do not include
any offensive comments that are connected to race, national origin, gender, sexual preference,
or physical handicap.
14. Your Contributions do not otherwise violate, or link to material
that violates, any provision of these Terms of Use, or any applicable law or
regulation.
Any use of the
Site or the Marketplace Offerings in violation of the foregoing violates these Terms of
Use and may result in, among other things, termination or suspension of your rights to
use the Site and the Marketplace Offerings.
By posting your
Contributions to any part of the Site
, you automatically grant, and you represent and warrant that you have the
right to grant, to us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license
to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle,
archive, store, cache, publicly perform, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such Contributions
(including, without limitation, your image and voice) for any purpose, commercial,
advertising, or otherwise, and to prepare derivative works of, or incorporate into
other works, such Contributions, and grant and authorize sublicenses of the
foregoing. The use and distribution may occur in any media formats and through any
media channels.
This license
will apply to any form, media, or technology now known or hereafter developed, and
includes our use of your name, company name, and franchise name, as applicable, and any
of the trademarks, service marks, trade names, logos, and personal and commercial images
you provide. You waive all moral rights in your Contributions, and you warrant that
moral rights have not otherwise been asserted in your Contributions.
We do not
assert any ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Site. You are
solely responsible for your Contributions to the Site and you expressly agree to
exonerate us from any and all responsibility and to refrain from any legal action
against us regarding your Contributions.
We have the
right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any
Contributions; (2) to re-categorize any Contributions to place them in more appropriate
locations on the Site; and (3) to pre-screen or delete any Contributions at any time and
for any reason, without notice. We have no obligation to monitor your
Contributions.
You acknowledge and agree
that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site
or the Marketplace Offerings ("Submissions") provided by you to us are non-confidential and shall
become our sole property. We shall own exclusive rights, including all intellectual property rights,
and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful
purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive
all moral rights to any such Submissions, and you hereby warrant that any such Submissions are
original with you or that you have the right to submit such Submissions. You agree there shall be no
recourse against us for any alleged or actual infringement or misappropriation of any proprietary
right in your Submissions.
THIRD-PARTY WEBSITES AND
CONTENT
The Site
may contain (or you may be sent via the Site or the Marketplace Offerings) links to
other websites ("Third-Party Websites")
as well as articles, photographs, text, graphics, pictures, designs, music, sound,
video, information, applications, software, and other content or items belonging to
or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated,
monitored, or checked for accuracy, appropriateness, or completeness by us, and we
are not responsible for any Third Party Websites accessed through the Site or any
Third-Party Content posted on, available
through, or installed from the Site, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices, or other policies of or contained in the
Third-Party Websites or the Third-Party Content. Inclusion of, linking
to, or permitting the use or installation of any Third-Party Websites or any Third-PartyContent does not imply approval
or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install
any Third-Party Content, you do so at
your own risk, and you should be aware these Terms of Use no longer govern. You
should review the applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from the Site or relating
to any applications you use or install from the Site. Any purchases you make through
Third-Party Websites will be through
other websites and from other companies, and we take no responsibility whatsoever in
relation to such purchases which are exclusively between you and the applicable
third party. You agree and acknowledge that we do not endorse the products or
services offered on Third-Party Websites
and you shall hold us harmless from any harm caused by your purchase of such
products or services. Additionally, you shall hold us harmless from any losses
sustained by you or harm caused to you relating to or resulting in any way from any
Third-Party Content or any contact with
Third-Party Websites.
We reserve the right, but
not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take
appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms
of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our
sole discretion and without limitation, refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or
otherwise disable all files and content that are excessive in size or are in any way burdensome to
our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Site and the Marketplace Offerings.
PRIVACY
POLICY
We care
about data privacy and security. By using the Site or the Marketplace Offerings,
you agree to be bound by our Privacy Policy posted on the Site, which is
incorporated into these Terms of Use. Please be advised the Site and the
Marketplace Offerings are hosted in
the United States
. If you access the Site or the Marketplace Offerings from any other
region of the world with laws or other requirements governing personal data
collection, use, or disclosure that differ from applicable laws in
the United States
, then through your continued use of the Site, you are transferring your
data to
the United States
, and you expressly consent to have your data transferred to and
processed in
the United States
.
These Terms of Use shall remain
in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF
USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND
USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your
account for any reason, you are prohibited from registering and creating a new account under your name,
a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the
third party. In addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and injunctive
redress.
MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to change,
modify, or remove the contents of the Site at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on our Site. We also reserve the right
to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will
not be liable to you or any third party for any modification, price change, suspension, or
discontinuance of the Site or the Marketplace Offerings.
We cannot guarantee the Site
and the Marketplace Offerings will be available at all times. We may experience hardware, software, or
other problems or need to perform maintenance related to the Site, resulting in interruptions, delays,
or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the
Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we
have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access
or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the
Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and
support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in
connection therewith.
These Terms of Use and your use
of the Site and the Marketplace Offerings are governed by and construed in accordance with the laws of
the Commonwealth of Massachusetts
applicable to agreements made and to be entirely performed within
the Commonwealth of
Massachusetts
, without regard to its
conflict of law principles.
Informal Negotiations
To
expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of
Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a
“Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute
(except those Disputes expressly provided below) informally for at least sixty
(60) days before initiating arbitration. Such informal negotiations commence upon written
notice from one Party to the other Party.
Binding
Arbitration
If
the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those
Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU
UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American
Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer
Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your
arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules
and, where appropriate, limited by the AAA Consumer Rules. The
arbitration may be conducted in person, through the submission of documents, by phone, or online. The
arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested
by either Party. The arbitrator must follow applicable law, and any award may be challenged if the
arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable
law, the arbitration will take place in
USA,
Massachusetts
. Except as otherwise provided herein, the Parties may
litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify,
vacate, or enter judgment on the award entered by the arbitrator.
If
for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or
prosecuted in the
state and
federal courts
located in
USA,
Massachusetts
, and
the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non
conveniens with respect to venue and jurisdiction in such state and
federal courts. Application of the United Nations
Convention on Contracts for the International Sale of Goods and the Uniform Computer Information
Transaction Act (UCITA) are excluded from these Terms of Use.
If this provision is found to be illegal or unenforceable, then
neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to
be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction
within the courts listed for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
Restrictions
The Parties agree that any
arbitration shall be limited to the Dispute between the Parties individually. The the full extent permitted
by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for
any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is
no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the
general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the
above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce
or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use;
and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then
neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be
illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that
court.
CORRECTIONS
There may
be information on the Site that contains typographical errors, inaccuracies, or omissions that may
relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or
update the information on the Site at any time, without prior notice.
DISCLAIMER
THE SITE IS PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF
LIABILITY
IN NO EVENT WILL WE
OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST
REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL
AT ALL TIMES BE LIMITED TO
THE
AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE three (3) mONTH PERIOD PRIOR
TO ANY CAUSE OF ACTION ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
(2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth
in these Terms of Use; (5) your violation of the rights of a
third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with
whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense,
to assume the exclusive defense and control of any matter for which you are required to indemnify us,
and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification
upon becoming aware of it.
USER DATA
We will maintain
certain data that you transmit to the Site for the purpose of managing the
performance of the Site, as well as data relating to your use of the Site. Although we perform regular
routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
ELECTRONIC COMMUNICATIONS,
TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing
online forms constitute electronic communications. You consent to receive electronic communications, and
you agree that all agreements, notices, disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND
TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of credits by any means other than
electronic means.
MISCELLANEOUS
These Terms of Use and any policies or operating rules
posted by us on the Site or in respect to the Site constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use
shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest
extent permissible by law. We may assign any or all of our rights and obligations to others at any time.
We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control. If any provision or part of a provision of these Terms of Use is
determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed
severable from these Terms of Use and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency relationship created between
you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will
not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you
may have based on the electronic form of these Terms of Use and the lack of signing by the parties
hereto to execute these Terms of Use.
CONTACT
US
In order to resolve a complaint regarding the Site or to
receive further information regarding use of the Site, please contact us at:
Green Dragon LLC
forum@molingtaiji.com