IMPORTANT - READ CAREFULLY: These Terms and Conditions of Use (the "Terms") are a legal contract between you (a "User") and Jiun Ho, Inc., a California corporation ("Jiun Ho"), for the use of this Internet Website (the "Website"). Access to and use of this Website by any User is subject to these Terms, including any modifications or additions to these Terms from time to time issued by Jiun Ho and all applicable laws and regulations.
BY ACCESSING OR USING THIS WEBSITE, USER AGREES TO BE BOUND BY THESE TERMS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW, AND REPRESENTS AND WARRANTS TO JIUN HO THAT USER IS AUTHORIZED TO ENTER INTO AND BE BOUND BY THESE TERMS ON USER'S BEHALF OR ON BEHALF OF THE ENTITY THAT USER REPRESENTS. IF USER DOES NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE.
All prices are quoted in U.S. Dollars, and are valid and effective only in the United States. Use of this Website is limited to legitimate purposes.
Any access or attempt to access other areas of Jiun Ho's computer systems or other information contained on such systems for any purposes is strictly prohibited. User agrees not to interfere, in any way, with use of or access to this Website, or take any action that imposes an unreasonable or disproportionately large load on this Website infrastructure. Jiun Ho reserves the right to report any activity that it suspects would violate any law or regulation, and disclose any information to appropriate law enforcement officials, regulators, or other appropriate third parties.
Prices of products on this Website are subject to change at any time without notice. All products may not be available in all areas. Product availability is subject to change at any time, and Jiun Ho makes no representations or warranties regarding product availability. Buyer shall be responsible for any tax or other governmental charge due to the sale, use or delivery of the product, including, but not limited to, Sales Tax, Use Tax, Retailer's Occupational Tax, Gross Revenue Tax, Value Accrued or Value Added Tax, and Transportation Tax. All applicable taxes and other charges will be added to the purchase price.
CHANGES IN TERMS AND TERMINATION
Jiun Ho shall have the right at any time, and from time to time, without prior notice, to modify these Terms or to impose new terms and conditions with respect to access to or use of this Website. Such modifications and additions shall be effective immediately upon posting to this Website. Notice may be given by any means, including, without limitation, posting the modified or additional terms and conditions on this Website. If User disagrees with the changes to these Terms, User should discontinue User's use of the applicable services on this Website. Any access or use of this Website by User after posting of modifications or additions to these Terms shall constitute and be deemed to be such User's agreement to such modifications or additions.
Jiun Ho also shall have the right to modify or discontinue, temporarily or permanently, this Website, any products advertised by Jiun Ho through this Website, or any User's right to access or use any portion of this Website, in Jiun Ho's sole discretion, at any time and without prior notice. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes. User acknowledges and agrees that Jiun Ho shall not be liable to User or to any third party for any modification, suspension or discontinuance of this Website or any products advertised by Jiun Ho through this Website.
Jiun Ho may, from time to time, introduce new features to this Website or modify or delete existing features in its sole discretion. Jiun Ho shall notify User of any of these changes to features if Jiun Ho is legally required to do so. By using any new or modified features when they become available, User agrees to be bound by these Terms concerning such features.
Jiun Ho has or will issue login credential to each Jiun Ho customer ("Customer") desiring to have access and use this Website. Jiun Ho may accept or reject any registration request in its sole discretion. User represents and warrants that the information provided when registering is accurate, complete and current as of the date submitted, and that User will update such information from time to time as necessary. These Terms shall be incorporated into, and form an integral part of, each Registration Agreement. User will use their email address as their User Email and be sent their password. User's Email and Password are User's Credentials to give User access to this Website. Users can reset their User Email and User Password. User may not have User Name and/or User Password that is vulgar, attempts to impersonate another person, or violates the rights of others. Jiun Ho also may reject any User Name and/or User Password that Jiun Ho determines in its discretion is unacceptable for use on this Website. User is solely responsible for all use of this Website under its User Name and Password and for maintaining the confidentiality of all User Credentials and (i) will promptly notify its Jiun Ho Customer Representative of any actual or suspected unauthorized use of this Website, and (b) ensure that User exits from User's account at the end of each session. Jiun Ho cannot and will not be liable for any loss or damage arising from User's failure to comply with User's obligations hereunder.
Each Customer shall provide the User Credentials only to those persons authorized by such Customer to access this Website on behalf of Customer. User will only access and use this Website through the Customer Credentials issued by Jiun Ho for such Customer. Except as provided herein, User will not allow Customer Personnel to share Customer Credentials with third parties. "Customer Personnel" shall be defined as Customer's partners, shareholders, employees and contractors who are bound by confidentiality restrictions at least as restrictive as these Terms provide. Jiun Ho reserves the right to suspend or terminate any Customer Credentials including User Email and/or User Password upon notice to User that it reasonably determines may have been used for an unauthorized purpose. Jiun Ho will not be liable for any damage, injury or other such loss that the User incurs by failing to maintain the confidentiality of the password or by otherwise failing to comply with this section.
User is solely responsible for maintaining the security of its Customer Credentials. User may not disclose its Customer Credentials including User Email and User Password to any third party (other than third parties authorized by the User to use the User's account) and is solely responsible for any use of or action taken under its User Email and User Password on this Website. User is responsible for changing its User Email and User Password if either is compromised. User agrees that Jiun Ho, in its sole discretion, may terminate User's Password or User Email or use of this Website for any reason, including, without limitation, for lack of use, or if Jiun Ho believes that User has violated or acted inconsistently with the letter or spirit of these Terms. User agrees that any termination of User's Password or User Name or use of this Website may be effected without prior notice, and acknowledges and agrees that Jiun Ho may immediately deactivate or delete User's account and all related information and files and/or bar any further access to such information and files. Further, User agrees that Jiun Ho shall not be liable to User or any third party for any termination of User's access, as provided herein.
Jiun Ho may, at its option, change the parameters for the Password used to access this Website without prior notice to User, and if Jiun Ho does so, User will be required to change the User Password the next time User accesses this Website. To prevent unauthorized access to User accounts and to prevent unauthorized use of this Website, User agrees to protect and keep confidential its Customer Credentials. Including User Email, Password, or other means of accessing User accounts via this Website. If User discloses User Email and/or Passwords to any person(s) or entity, User assumes all risks and losses associated with such disclosure. If User permits any other person(s) or entity to use this Website or to access or use User's Email, Passwords, or other means to access User accounts, User is responsible for any activities performed from User accounts and for any use of User personal and account information by such person(s) or entity.
User agrees to inform Jiun Ho immediately if a person with access to a User Email or Password leaves the employ of the entity to which that User Email or Password has been assigned.
User agrees that as part of Registration Agreement they will be added to the Jiun Ho Mailing List. User can unsubscribe from Mailing List by sending an email to firstname.lastname@example.org and entering in the subject line :unsubscribe me from email list.
General. User may use the records, documents and information obtained through this Website only as necessary to participate in this Website's services or in the business of working to complete a transaction with Jiun Ho. Without limiting the foregoing or expanding any User rights hereunder, User agrees that it will not: (A) republish, reproduce, sell, resell, distribute (through linking or framing or otherwise) or make any commercial use of this Website (other than the ordering of items in accordance with these Terms and the Registration Agreement) or any of the information available through this Website; (B) make any use of any such information or the facilities of Jiun Ho that would allow an unauthorized third party to have access to or the benefits of this Website; and (C) will not collect or use other users' e-mail addresses or other users' information, ratings or listings, or otherwise conduct any data extraction or data mining whatsoever. User further agrees that, while using this Website, User will not: (A) transmit or post on this Website any message under a false name; (B) transmit or post on this Website any unlawful, libelous, defamatory, threatening, abusive, harassing or otherwise objectionable information of any kind, including, without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise under any applicable law; (C) transmit or post on this Website any record, document or information that discloses private or personal matters concerning any person, including, but not limited to, messages or information which would violate a person's rights of privacy or publicity; (D) transmit or post on this Website any record, document, information, file or software that contains a virus, worm, Trojan Horse or any other contaminating or destructive features; (E) transmit or post on this Website any record, document, information, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets, confidential or other proprietary information, or use of trademarks or service marks in an infringing fashion; (F) interfere, in any way, with other use of or access to this Website; (G) offer for sale or sell illegal items, including counterfeit goods, or goods or services, that violate or infringe upon the patent rights, copyrights, trade secrets, trademarks or other intellectual property rights or other rights of any person or entity; (H) modify, delete or alter any information or order placed by or on behalf of any other User; or (I) take any action that imposes an unreasonable or disproportionately large load on this Website infrastructure.
User agrees to comply with all applicable laws, statutes and regulations regarding use of this Website, including ordering and/or purchasing items. Jiun Ho may report fraudulent conduct to law enforcement authorities, and Jiun Ho will cooperate to ensure that violators are prosecuted to the fullest extent of the law. In addition, Jiun Ho reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. In order to cooperate with governmental requests, to protect Jiun Ho's systems and customers, or to ensure the integrity and operation of Jiun Ho's business and systems, Jiun Ho may access and disclose any information it considers necessary or appropriate, including, without limitation, User contact details, IP addressing and traffic information, usage history and posted content. Recognizing the global nature of the Internet, User agrees to comply with all local rules regarding online conduct and acceptable content. Specifically, User agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which User resides.
Jiun Ho holds the confidentiality of its Users in the highest regard, and will take all commercially reasonable measures not to disclose information about User or User's communications to any other party, except when Jiun Ho believes, in good faith, that such action is reasonably necessary to: (i) comply with applicable law or with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the legitimate interests of Jiun Ho or others. Notwithstanding the foregoing, User acknowledges and agrees that any other user can view any information it enters in this Website with access to Customer Credentials.
Notwithstanding the foregoing, User agrees that any information or materials that User or individuals acting on User's behalf provides to Jiun Ho will not be considered confidential or proprietary. By providing any such information or materials to Jiun Ho, User grants to Jiun Ho an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials. User further agrees that Jiun Ho is free to use any ideas, concepts or know-how that User, or individuals acting on User's behalf, provides to Jiun Ho.
User hereby agrees that any recommendations of User for the improvement of this Website shall be the sole property of Jiun Ho.
The information and materials posted on this Website by Jiun Ho or any other party may contain errors, omissions, or typographical errors or may be out of date. Jiun Ho may change, delete, or update any information or materials posted by Jiun Ho at any time, from time to time, without prior notice. The information and materials posted on this Website by Jiun Ho are provided for informational purposes only, and are not binding on Jiun Ho in any way except as otherwise expressly agreed to in writing by Jiun Ho.
User understands that certain goods, services and information advertised on or through this Website (other than goods, services and information clearly identified as being supplied directly by Jiun Ho) are provided by third parties that are not affiliated with or under the control of Jiun Ho. Jiun Ho does not operate, control, endorse, guaranty, represent or warrant in any way any goods, services or information offered or provided by such third parties on or accessed through this Website.
Links and references on this Website to other Internet websites operated by third parties, if any, including Jiun Ho's corporate partners, do not constitute sponsorship, endorsement, or approval by Jiun Ho of the content, policies, or practices of such linked or referenced websites. Linked and referenced websites are not operated, controlled, or maintained by Jiun Ho, and Jiun Ho is not responsible for the availability, content, policies, or practices of linked or referenced websites. Links and references to other websites are provided for User's convenience only, and User accesses them at their own risk.
Jiun Ho is not liable for content that is provided by others. Jiun Ho cannot and does not screen the content provided by users of this Website. Notwithstanding the foregoing, Jiun Ho reserves the right to monitor content on this Website and to remove content which Jiun Ho, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of applicable law, these Terms or the spirit of this Website. Jiun Ho is not responsible for any failure or delay in removing such material. Jiun Ho is not responsible for content made available on the Internet.
DISCLAIMER OF WARRANTY
DISCLAIMER OF WARRANTY. USER UNDERSTANDS AND AGREES THAT USER'S USE OF THE WEBSITE IS AT USER'S SOLE RISK, AND THAT THE WEBSITE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO USER. TO THE FULLEST EXTENT PERMITTED BY LAW, JIUN HO DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THIS WEBSITE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS WEBSITE. NO LICENSE TO USER IS IMPLIED IN THESE DISCLAIMERS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) JIUN HO MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER CONCERNING THIS WEBSITE OR ANY OTHER INTERNET WEBSITE, THE ACCESS TO, OR THE AVAILABILITY OR USE OF, THIS WEBSITE OR ANY OTHER INTERNET WEBSITE, THE INFORMATION, MATERIALS, RECORDS OR DOCUMENTS FROM WHATEVER SOURCE, POSTED ON OR REFERRED TO IN THIS WEBSITE OR ANY OTHER INTERNET WEBSITE OR THE CONTENT, ACCURACY, COMPLETENESS OR TIMELINESS OF SUCH INFORMATION, MATERIALS, RECORDS OR DOCUMENTS; (II) JIUN HO DOES NOT WARRANT OR REPRESENT THAT USER'S ACCESS TO, OR USE OF, THIS WEBSITE OR ANY OTHER INTERNET WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR ANY OTHER INTERNET WEBSITE IS, OR THE RECORDS, DOCUMENTS, SOFTWARE OR FILES FROM WHATEVER SOURCE AVAILABLE FOR USE OR DOWNLOADING ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; (III) JIUN HO DOES NOT REPRESENT OR WARRANT THAT ANY PRODUCTS OR SERVICES LISTED ON, OR ACCESSED THROUGH, THIS WEBSITE WILL BE AVAILABLE FOR PURCHASE OR NOT WITHDRAWN BY THE LISTING VENDOR AT ANY TIME, AND MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER CONCERNING SUCH PRODUCTS OR SERVICES; AND (IV) JIUN HO DOES NOT REPRESENT OR WARRANT THE ACCURACY, FUNCTIONALITY, SPECIFICATIONS OR ANY OTHER ASPECT OF ITEMS FROM WHATEVER SOURCE POSTED OR ACCESSED THROUGH THIS WEBSITE. USER ACKNOWLEDGES AND AGREES THAT THE ONLY WARRANTIES ON ANY PRODUCTS AVAILABLE ON THIS WEBSITE SHALL BE THE WARRANTIES INCLUDED WITH SUCH PRODUCTS, IF ANY. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO USER.
LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES WILL JIUN HO BE LIABLE TO USER OR ANY OTHER ENTITY OR PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL THEORY, ARISING IN ANY WAY OUT OF OR IN ANY WAY RELATED TO, ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THIS WEBSITE OR ANY OTHER INTERNET WEBSITE OR THE CONTENTS OF THIS WEBSITE OR ANY OTHER INTERNET WEBSITE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, SALES, OR GOODWILL, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF JIUN HO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER AGREES THAT USER'S ONLY REMEDY FOR ANY USE OF OR DISSATISFACTION WITH THIS WEBSITE OR JIUN HO SHALL BE TO DISCONTINUE USE OF THIS WEBSITE.
IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, OR BETWEEN A USER AND A THIRD PARTY VENDOR, EACH USER RELEASES JIUN HO (AND ITS AFFILIATES AND THEIR RESPECTIVE AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
TRADEMARKS AND COPYRIGHTS
Unless otherwise noted, the trademarks, logos, photography, brand names, and service marks used on this Website are owned by Jiun Ho or by third parties that have licensed their use to Jiun Ho. User may print copies of the content of this Website, provided that these copies are made only for internal use, and that any notices contained in any such content, such as all copyright notices, trademark legends, or other proprietary rights notices, are maintained. Other use of these marks or Website content, except as specifically permitted in these Terms or in writing signed by Jiun Ho, is strictly prohibited. Elements of this Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and, except as expressly permitted herein, may not be copied or imitated in whole or in part by any means, including, but not limited to, the use of framing or mirrors. User shall not store electronically any significant portion of this Website.