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Conditions of Sale
Customers purchasing products through the MotiveChina must read the Conditions of Sale.
Please read these Terms carefully before using the Web Site. Users expressly acknowledge that they are aware of these Terms and have had access to the same upon entering the Web Site. Consequently, by using the Web Site, Users signify their assent and agreement to these Terms. If User does not agree to these Terms, then User is not authorised to continue consultation and access of the Web Site.
Use of Materials on this Web Site
MotiveChina Team has created this Web Site to provide information about its team and products for Users’ personal use. Users may download one computer copy or print one copy of the material on this Web Site for their own non-commercial, educational, private or domestic use only, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™ are preserved intact and are not modified, deleted or changed. Unless otherwise stated, Users should assume that everything they see or read on the Web Site (such as images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, written and other materials) (""MotiveChina Material"") are protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide.
Users are not authorised to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on or use any MotiveChina Material in any way for any public or commercial purposes. Furthermore, MotiveChina Material may not be displayed or communicated on any other web site, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, Users’ permission to use MotiveChina Material will automatically terminate and any copies made of MotiveChina Material must be immediately destroyed. Any unauthorised use of MotiveChina Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Any unsolicited communication or material Users transmit to MotiveChina via the Web Site, by electronic mail or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by MotiveChina. By sending communications to MotiveChina, Users automatically grant MotiveChina a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything Users transmit may be used by MotiveChina for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.
This section applies to the Web Site itself and not to the products being sold by phone by MotiveChina. Disclaimers regarding products being sold MotiveChina are to be found in the Conditions of Sale .
MotiveChina team tries to ensure that the information provided is accurate and complete. However, MotiveChina team does not warrant or represent that MotiveChina‘s Material is accurate, error-free or reliable or that use of MotiveChina Material will not infringe rights of third parties. Use of the Web Site is at Users’ risk.
MotiveChina does not warrant that the functional and/or technical aspects of the Web Site or the MotiveChina Material will be error free or that this Web Site, MotiveChina Material or the server that makes it available are free of viruses or other harmful components. If use of this Web Site or MotiveChina Material results in the need for servicing or replacing property, material, equipment or data, MotiveChina is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is provided to Users ""AS IS"" AND ""AS AVAILABLE"" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. MotiveChina and its suppliers make no warranties about the MotiveChina Material, software text, downloads, graphics, and links, or about results to be obtained from using the Web Site.
Please note that some jurisdictions may not allow the exclusion of implied warranties, consequently some of the above exclusions may not apply.
In general, all trademarks, logos and service marks (collectively the ""Trademarks"") that appear on this Web Site are registered, unregistered or otherwise protected MotiveChina trademarks or are licensed for use by MotiveChina by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Web Site should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on this Web Site without MotiveChina’s prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the Web Site, or any other content on the Web Site, except as provided herein, is strictly prohibited.
All contents of this Web Site are either Copyright © MotiveChina 2017 or are licensed for use by MotiveChina. All rights reserved.
Please refer to the section of these Terms on Use of Materials on this Web Site above.
Links & Linking
Links to other web sites operated by third parties not affiliated to MotiveChina may be indicated on the Web Site. The inclusion of any link to such third party sites does not imply endorsement by MotiveChina of those sites. MotiveChina has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages or any other sites linked to this Web Site. Linking to any other off-site pages or third sites is at Users’ own risk.
MotiveChina does not authorise linking to its Web Site from a third party web site without its express prior written authorisation.
Users agree that MotiveChina may terminate Users’ access to and use of the Web Site if MotiveChina reasonably believes that Users have violated or acted inconsistently with the letter or spirit of this Agreement, or violated the rights of MotiveChina or any third party, or for any reason with or without notice to user. Users agree that MotiveChina may modify or discontinue this Web Site, with or without notice to them. Users agree that MotiveChina will not be liable to them or any third party as a result of such modification or discontinuation. The provisions entitled ""Disclaimer,"" ""Limitation of Liability,"" and ""General Provisions"" will survive termination of these Terms.
Limitation of Liability
Under no circumstances whatsoever shall MotiveChina be liable for any loss arising out of or in connection with the use of information available from this Web Site whether direct or indirect including, without limitation, any liability relating to any loss of use, interruption of business, lost profits or lost data, or incidental, special or consequential damages of any kind regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if MotiveChina has been advised of the possibility of such damages. Because some states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not be operable.
Damages arising from the purchase or use of the products sold by phone from MotiveChina are covered by the Conditions of Sale.
Unless otherwise specified, the information and materials in the site are presented solely for the purpose of promoting MotiveChina’s products. MotiveChina makes no representation that MotiveChina Material is appropriate or available for use in every country of the world. Users use this Web Site at their own risk and are responsible for compliance with applicable local laws, keeping in mind that access to MotiveChina Material may not be legal by certain persons or in certain countries.
Applicable law and Jurisdiction
The Conditions of Sale shall be governed by and construed in accordance with the laws of the State of New York, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale, including the validity, invalidity, breach or
termination thereof, shall be adjudicated or arbitrated in the State and Counties of California.
The waiver by MotiveChina of a breach of any provision of these Terms will not operate to be interpreted as a waiver of any other or subsequent breach.
Date of Posting: January 2017