We, or third parties, may produce automated search results or otherwise provide links to other World Wide Web sites or resources. Because we do not review and have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such sites or resources, and do not endorse and are 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 we are not 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.
2. Disclaimers of Warranties
YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY LAW:
(a) SERVICES AND CONTENT ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) WE MAKE NO WARRANTY THAT (i) THE FUNCTIONS OF AND SERVICES PROVIDED IN THIS SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, (ii) DEFECTS WILL BE CORRECTED, OR (iii) THIS SITE OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(c) WE MAKE NO WARRANTY REGARDING THE ACCURACY, INTEGRETY OR QUALITY OF THE CONTENT OR RESULTS OF THE SERVICES IN THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT SUCH CONTENT OR RESULTS WILL BE FREE OF MATERIAL THAT IS OFFENSIVE, INDECENT OR OBJECTIONABLE.
(d) 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.
3. Limitation of Liability
IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES FOR ANY USE OF THIS SITE, OR USE OF ANY OTHER LINKED SITE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SITE.
You agree to indemnify and hold China Window and its affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the site, your violation of the Terms, or your violation of any rights of another.
6. General Information
These Terms constitute the entire agreement between you and us and govern your use of this site, superceding any prior agreements between you and us. 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. These Terms and the relationship between you and us will be governed by the laws of
China without regard to its conflict of law provisions. The parties agree to submit to the personal and exclusive jurisdiction of the courts located within Shanghai, China. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent possible and the remaining provisions of these Terms will remain in full force and effect.
Updated on Nov. 14, 2005