Term of Use
1.2 This Agreement applies to Services in addition to any terms and conditions that may be applicable to such specific Premium Service provided, however, that in the event of any conflict or inconsistency between any provision of the terms and conditions that may be applicable to such Premium Service and any provision of this Agreement, such conflict or inconsistency shall (except as otherwise expressly provided or agreed) be resolved in a manner favorable to Fangchan and/or its affiliates.
1.3 Fangchan may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. This Agreement may not otherwise be modified, except in writing by an authorized officer of Fangchan.
1.4 Some of the Fangchan content displayed on this Site is provided or posted by third parties ("Third Party Content"). Neither Fangchan nor any of our affiliates, officers or employees has entered into any sales agency relationship with such third party by virtue of Fangchan's display of the Third Party content on the Site. Any Third Party content is the sole responsibility of the party who provided the content. Fangchan is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party content, and shall not be liable to any Visitor in connection with such Visitor's reliance of such Third Party content. In addition, Fangchan is not responsible for the conduct of any Visitor's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such Visitor's conduct.
1.5 Fangchan may allow Visitors access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies' before using such sites in order to be aware of the terms and conditions of your use to such sites. Visitor acknowledges that Fangchan has no control over such third party's web site, does not monitor such sites, and Fangchan shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such web site.
1.6 Fangchan reserves the right to limit, deny or create different access to the Site and its features with respect to different Visitors or to change any of the features or introduce new features without prior notice. Each Visitor acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business.
1.7 Through the Site, Fangchan provides an electronic web-based platform for exchanging information between businesses and consumers of products and services. Fangchan does not represent the seller nor the buyer in specific transactions and does not charge any commissions from completing any transactions. As a result, Fangchan does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.
1.8 Visitors are hereby made aware that there may be risks of dealing with people acting under false pretences. Fangchan uses several techniques to verify the accuracy of the information our users provide us when they register on the Site. We, at Fangchan encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing.
1.9 Visitors are hereby made aware and informed that although Fangchan does not solicit, endorse nor promote explicit, harmful or sex-related merchandise it is advised that minor children under age of 18 years do not use or participate in this site without prior parental consent.
1.10 Each Visitor acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Site to conduct transactions, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Site.
1.11 Such risks shall include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents.
1.12 Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights, and the risk that Visitor may incur costs of defense or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants.
1.13 Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by Visitors of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as transaction risks.
1.14 Such risks also includes knowing that Fangchan does not endorse any organization(s) or person(s) or attests to the accuracy, the facts, appropriateness or correct spelling of each and/or any and/or all of the words used in any and/or all the translation format of information. Fangchan is not and will not be liable or held responsible for any presentation of language spelling, definition or content of words used or demonstrated in any form of translation.2. Advertisers 2.1 Fangchan, Inc. reserves the right to delete, edit, and/or remove any advertisement not in compliance to our discretion and/or opinion of any such product or service which we, at Fangchan believes to be in an offensive manner, containing exploitation, and/or of a horrific nature.
2.2 Advertisers who are listed among free-listing are advertisement supported; therefore such listing is supported by other paid advertisers and/or links with or without any similar or associated advertisements. As a free-listing advertiser it is agreed and knowingly clarified that such advertisements may be associated with free-listing ads.
2.3 Each Advertiser hereby agrees that information submitted to Fangchan for display on the site shall not contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities.
2.4 Each advertiser can not knowingly be part of a scheme to defraud other Visitors of the Site or for any other unlawful purpose. 2.5 Under no circumstances can an advertiser relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights.
2.6 Advertisers can not knowingly or intentionally violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); be defamatory, libelous, unlawfully threatening or unlawfully harassing.
2.7 It is not permitted for advertisers to be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minor. Although Fangchan does not solicit, endorse nor promote explicit, harmful or sex-related merchandise it is advise that minor under age of 18 years do not use or participate this site without prior parental consent
2.8 Advertiser can not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age on the Fangchan's content or website nor can any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation.
2.9 Advertisers can not contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; or otherwise create any liability for Fangchan or its affiliates.
2.10 Advertisers are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
2.11 In the event that any Advertiser and/or Visitor has a dispute with any party to a transaction, such both Advertiser and Visitor agree to release and indemnify Fangchan (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
2.12 Under no circumstances shall Fangchan be held liable for any 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.3. Intellectual Property Rights 3.1 Fangchan is the sole owner or lawful licensee of all the rights to the Site and the Fangchan content. The Site and Fangchan 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 Fangchan content shall remain with Fangchan, its affiliates or licensors of the Fangchan content, as the case may be. All rights not otherwise claimed under this Agreement or by Fangchan are hereby reserved. It is agreed that any and all trademarks and service marks pertaining to Fangchan and Fangchan logos and product and service names are trademarks of Fangchan. You agree not to display or use in any manner, the name Fangchan or its trademarks or associated products or services without prior written notice from Fangchan 4. Notices 4.1 All notices or demands to or upon Fangchan shall be effective if in writing and shall be duly made when sent to Fangchan in the following manner: notices or demands 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, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. 5. Idemnity 5.1 By choosing to select and use Fangchan, Inc. you agree to indemnify Fangchan its officers, agents, partners, and employees from any and all claims or damage, including reasonable attorney's fees, made by third parties due to, or arising out of Content you choose to submit, post or transmit through Fangchan; or of your use of or connection to Fangchan; your violation of the User Agreement; or, your violation of any rights of another
5.2 In the event that any Advertiser and/or Visitor has a dispute with any party to a transaction, such both Advertiser and Visitor agree to release and indemnify Fangchan (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
5.3 Under no circumstances shall Fangchan be held liable for any 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.6. Liability & Warranties 6.1 Fangchan, INC. AND ITS SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
6.2 We do not promise or warrant that any aspect of the site or system will work properly or will be continuously available. Fangchan, Inc. may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products, or services available from such websites or resources.
6.3 You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your correspondence with or participation in promotions of merchants or advertisers found on Fangchan, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser.
6.4 Fangchan, Inc. makes no warranty of any with respect to the information posted on this website. While Fangchan makes every effort to ensure the accuracy of the data, this website could include typographical errors and technical inaccuracies. In addition, photos may no represent the actual products
6.5 You agree not to hold Fangchan 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 merchants or advertisers on Fangchan. In addition, Fangchan does not endorse, warrant or guarantee the products or services of any seller, lender or broker, including any rates, points and loan programs posted by sellers, lenders or brokers. Nothing on Fangchan constitutes an advertisement for credit as defined by Paragraph 226.24 of Regulation Z of the federal Truth in Lending Act. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.7. Attoney's Fees 7.1 Should any dispute arise concerning the terms or the interpretation of this agreement, publisher shall be entitled to and be awarded reasonable attorney's fees and costs, whether incurred for negotiation, litigation or otherwise, in addition to other relief to which it may be entitled 8. Binding Arbitration 8.1 Any controversy or disagreement arising out of this agreement shall be determined by, and under the Commercial Rules of the American Arbitration Association. The hearing on such arbitration shall beheld in Los Angeles County, State of California. Any such controversy shall be arbitrated by three arbitrators with at least five full years of experience in commercial litigation in Los Angeles County, and shall be appointed under the commercial rules. The arbitrators shall hear and determine said controversy in accordance with applicable law and the intention of the parties as expressed in this agreement, as the same may have been duly modified in writing by the parties prior to the arbitration.
8.2 Upon the evidence produced at an arbitration hearing scheduled at th e request of any party, such pre-arbitration discovery shall be permitted as authorized under the commercial rules or state law applicable to arbitration proceedings. The award shall be executed by at least two of the three arbitrators, be rendered within thirty (30) days after the conclusion of the hearing, and may include attorney's fees and costs to the prevailing party. Judgment may be entered on the award in any court of competent jurisdiction not withstanding the failure of a party duly notified of the arbitration hearing to appear thereat.
Fangchan may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. This Agreement may not otherwise be modified, except in writing by an authorized officer of Fangchan.
STANDARD TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE.
Fangchan, Inc. El Monte, California 91731