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1. General Information And Description of
Service
Welcome to www.jiahwa.com (referred to as
JiaHwa). The www.jiahwa.com website currently
provides service of access to a rich collection
of on-line resources. The service is made
available subject to the following Terms and
Conditions (referred to as TAC). Unless
explicitly stated otherwise, any new features
that augment or enhance the current Service shall
be subject to the TAC. You understand and agree
that the Service is provided "AS-IS"
and that www.jiahwa.com assumes no
responsibility for the Service.
The TAC constitute the entire agreement
between you and www.jiahwa.com and govern your
use of the Service, superceding any prior
agreements between you and www.jiahwa.com. You
also may be subject to additional terms and
conditions that may apply when you use affiliate
services, third-party content or third-party
software. The TAC and the relationship between
you and www.jiahwa.com shall be governed by the
laws of the Ontario Province without regard to
its conflict of law provisions. You and
www.jiahwa.com agree to submit to the personal
and exclusive jurisdiction of the courts located
within the city of Toronto, Ontario. The failure
of www.jiahwa.com to exercise or enforce any
right or provision of the TAC shall not
constitute a waiver of such right or provision.
If any provision of the TAC is found by a court
of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should
endeavor to give effect to the parties'
intentions as reflected in the provision, and the
other provisions of the TAC remain in full force
and effect. 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 Service or the TAC must be filed within
one (1) year after such claim or cause of action
arose or be forever barred.
2. Changes in Terms and Conditions and Changes
in Products and Services
JiaHwa reserves the right at any time and from
time to time to modify or discontinue,
temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree
that www.jiahwa.com shall not be liable to you
or to any third party for any modification,
suspension or discontinuance of the Service. JiaHwa
reserves the right to modify these Terms and
Conditions from time to time, without notice.
Please review these Terms and Conditions from
time to time so you will be apprised of any
changes.
3. Dealings With Advertisers
Your correspondence or business dealings with,
or participation in promotions of, advertisers
found on or through the Service, including
payment and delivery of related goods or
services, and any other terms, conditions,
warranties or representations associated with
such dealings, are solely between you and such
advertiser. You agree that www.jiahwa.com shall
not be responsible or liable for any loss or
damage of any sort incurred as the result of any
such dealings or as the result of the presence of
such advertisers on the Service.
4. Links
The Service may provide, or third parties may
provide, links to other World Wide Web sites or
resources. Because www.jiahwa.com has no control
over such sites and resources, you acknowledge
and agree that www.jiahwa.com is not responsible
for the availability of such external sites or
resources, and does not endorse and is not
responsible or liable for any Content,
advertising, products, or other materials on or
available from such sites or resources. You
further acknowledge and agree that
www.jiahwa.com shall not be responsible or
liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in
connection with use of or reliance on any such
content, goods or services available on or
through any such site or resource.
5. No Resale of Service
You agree not to reproduce, duplicate, copy,
sell, resell or exploit for any commercial
purposes, any portion of the Service, use of the
Service, or access to the Service. 6. JiaHwa's
Proprietary Rights
You acknowledge and agree that the Service and
any necessary software used in connection with
the Service ("Software") contain
proprietary and confidential information that is
protected by applicable intellectual property and
other laws. You further acknowledge and agree
that Content contained in sponsor advertisements
or information presented to you through the
Service or advertisers is protected by
copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as
expressly authorized by www.jiahwa.com or
advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create
derivative works based on the Service or the
Software, in whole or in part.
The information and design of this service are
owned by JiaHwa and/or the Information Providers.
Except for single temporary copy in a single
computer's memory or another fair use under
applicable copyright laws, the information
contained herein may not otherwise be used (not
copied, performed, distributed, rented,
sublicensed, altered, stored for subsequent use,
etc., in whole or in part, in any manner) without
JiaHwa's and the Information Providers' express
prior written consent.
The JiaHwa Image Gallery: These are copyrighted
photographs and may be subject to certain other
legal rights. You may not create derivative works
from a photograph, display or distribute copies
of it, publish it, use it in a performance,
modify it in any manner except size, or, if the
particular photograph relates to identifiable
persons or entities, you may not use it in a
manner which suggests their association with or
endorsement of any product, service, opinion or
cause. For information on commercial use
permissions, contact us by using this online form.
7. Indemnity And Release
By using the http://www.jiahwa.com web site
you agree to indemnify JiaHwa and its parents,
subsidiaries, affiliates, officers, agents,
co-branders or other partners, employees and hold
them harmless from any and all claims or demand
and expenses, including attorney's fees, arising
from your use of the JiaHwa web site. By using the
service you are hereby agreeing to release JiaHwa
and its parents, subsidiaries, affiliates,
officers, agents, co-branders or other partners,
employees from any and all claims, demands,
debts, obligations, damages (actual or
consequential), costs, and expenses of any kind
or nature whatsoever, whether known or unknown,
suspected or unsuspected, disclosed or
undisclosed, that you may have against them
arising out of or in any way related to such
disputes and/or to the Products and Services. You
hereby agree to waive all laws that may limit the
efficacy of such releases.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
| a. |
YOUR USE OF THE SERVICE IS AT YOUR
SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS
AVAILABLE" BASIS. www.jiahwa.com
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. |
| b. |
www.jiahwa.com MAKES NO WARRANTY
THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL
BE ACCURATE OR RELIABLE, (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED. |
| c. |
ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL. |
| d. |
NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM
www.jiahwa.com OR THROUGH OR FROM THE
SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TAC. |
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
www.jiahwa.com SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF JiaHwa HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR
THE INABILITY TO USE THE SERVICE; (ii) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE.
10. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS OF SECTIONS 8 AND 9 MAY NOT
APPLY TO YOU.
11. Special Admonition For Services Relating
To Financial Matters And Professional Information
Financial Mattaers: If you intend to create or
join any service, receive or request any news,
messages, alerts or other information from the
Service concerning companies, stock quotes,
investments or securities, please read the above
Sections 8 and 9 again. They go doubly for you.
In addition, for this type of information
particularly, the phrase "Let the investor
beware" is apt. The Service is provided for
informational purposes only, and no Content
included in the Service is intended for trading
or investing purposes. www.jiahwa.com shall not
be responsible or liable for the accuracy,
usefulness or availability of any information
transmitted via the Service, and shall not be
responsible or liable for any trading or
investment decisions made based on such
information.
Professional Information: JiaHwa makes available
certain information provided by third parties
related to various professional fields such as
medicine, law, and accounting. JiaHwa does not give
advice in any such fields and in no way endorses
any of the information provided in this manner.
IF YOU INTEND TO USE ANY SUCH INFORMATION, YOU
SHOULD CAREFULLY RE-READ THE CAPITALIZED WORDS
SET FORTH ABOVE IN THE DISCLAIMER OF WARRANTIES
AND LIMITATION OF LIABILITY. Those provisions
will have special importance for you. All
information made available through the JiaHwa site
is made available subject to JiaHwa's TAC, including
the Disclaimer of Warranties and Limitation of
Liability set forth above. JiaHwa STRONGLY SUGGESTS
THAT YOU SEEK ADVICE FROM A COMPETENT
PROFESSIONAL REGARDING ISSUES IN ANY PROFESSIONAL
FIELD.
12. Violations
Please report any violations of the TAC to us
by using this online form.
13. Others
JiaHwa occasionally receives requests from people
to remove links from its directories. Although
JiaHwa reserves the right to address such requests
individually, the general approach that JiaHwa takes
reflects the following principles: JiaHwa makes
available directories, indices, and references
consisting of content that has been identified,
indexed, and compiled by humans based on
informations publically available. For each web
site reflected in JiaHwa's directories, if either
(i) a site owner restricts access to his or her
web site or (ii) a site is taken down from the
web, then, upon receipt of a request by the site
owner in the first instance, and either the site
owner or a third party in the second instance,
JiaHwa would remove the link to that site from its
Directories.
The section titles in the TAC are for
convenience only and have no legal or contractual
effect.
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