ACCEPTANCE OF TERMS.This Agreement provides the general terms
offered by SHENZHEN HUAQIANG HOLDINGS LIMITED, to you through its Web site located
at EN.HQEW.NET (the "Site"). By accessing or using this Site, you accept without
at its sole discretion. Your use of the Site will be subject to the most current
when using particular Services or the material posted on this Site ("Materials"),
or entering sections of the Site reserved strictly for members of EN.HQEW.NET, you
shall be subject to any terms and conditions set out in policies of EN.HQEW.NET
Agreement, and other posted guidelines or rules applicable to such Services or Materials
that may contain terms and conditions in addition to those in this Agreement. All
such policies, guidelines or rules are hereby incorporated by reference into this
may, in addition to terminating your access to use this Site, limit your activity,
immediately remove your item listings, warn other members of your actions, issue
a warning, temporarily suspend, indefinitely suspend or terminate your subscription
and refuse to provide services to you. This Agreement is void where prohibited by
law, and the right to access the Site and Materials is revoked in such jurisdictions.
EN.HQEW.NET maintains this Site for your use and grants you the permission to use
REGISTRATION AND MEMBER INFORMATION.Certain portions of the Site
are only available to individuals and entities that have become registered members
available to Members may include services provided by EN.HQEW.NET and by third parties
("Associates"). To become a Member of EN.HQEW.NET you must submit a complete EN.HQEW.NET
registration form. By submitting a registration form, you represent and warrant
(a) that you are 18 years of age or over, and (b) you personally are signing up
as a Member, or (iii) that you are signing up as a Member on behalf of an entity
you have identified in the registration form and are authorized to sign for and
bind that entity; (c) the information on the registration form is current, complete,
and accurate; and (d) you are not a competitor or working for a competitor of EN.HQEW.NET.
Member must update registration information to ensure that it continues to be current,
complete, and accurate. EN.HQEW.NET reserves the right to accept or reject Member
registrations. Upon acceptance of Member's registration form, a password will be
generated for Member.
RENEWAL & CANCELLATION.Your subscription to the Services is for
a minimum term of 90 days. You may terminate your subscription to the Services for
any reason, or no reason at all, upon a thirty (30) day written notice to EN.HQEW.NET,
provided however that subscription fees will not be refundable if you cancel your
subscription prior to its term. Your subscription shall be automatically renewed
for the same successive term unless cancelled in writing at least thirty (30) days
prior to the end of term renewal date. Service fees are subject to change upon renewal
of subscription. The renewal of your subscription indicates agreement to any amendments
shall have the right to terminate your access to this Site at any time, for any
reason, and EN.HQEW.NET shall not be obligated to disclose such reason to you. Termination
of your access to this Site is sufficient notice of termination of this Agreement.
Termination is in addition to all other legal or equitable remedies available to
either party. Upon termination of this Agreement for any reason, Member shall cease
to access or to use any information obtained through EN.HQEW.NET.
The limitations and disclaimers of warranties, and the indemnity obligations of
Members, and the provisions of governing law, jurisdiction and venue, shall survive
the termination of this Agreement.
SERVICE FEES. EN.HQEW.NET,in its sole discretion, shall have the
right to modify any portion of its fee structure for any reason, at anytime without
prior notice. Changes to the fee structure shall become effective once posted on
the Site and shall apply to all new or renewed subscriptions which become effective
on the day of such posting. Fees paid in advance are non-refundable if you cancel
your subscription prior to its term (but are transferable in such a case upon a
five (5) business days written notice to EN.HQEW.NET), or if EN.HQEW.NET terminates
Unless otherwise stated, all fees are quoted in US Dollars. You are responsible
for paying all fees associated with the Services and all applicable taxes.
USE AND PROTECTION OF USERNAME AND PASSWORD.You are responsible
for maintaining the confidentiality of your account Username(s) and password (s).
You are responsible for all uses of your account, whether or not actually or expressly
authorized by you. If there is a breach of the confidentiality of a password(s)
or Username(s) assigned to you, or any breach of security through your Member's
account, then you shall notify EN.HQEW.NET immediately in writing and send the information
LIMITED COPYRIGHT LICENSE.The Materials and Services on this Site,
including, but not limited to, the compilation of all content, are protected by
copyright and/or other intellectual property laws and any unauthorized use of the
Materials or Services at this Site may violate such laws. Except as expressly provided
herein, EN.HQEW.NET and its suppliers do not grant any express or implied right
to you under any patents, copyrights, trademarks, rights in trade secrets, or other
intellectual property rights with respect to the Materials and Services. Except
as expressly permitted herein, no portion of the Materials on this Site may be reproduced
in any form or by any means without the prior written permission of EN.HQEW.NET.
USE OF MEMBER INFORMATION.In order to make various features and
functions of Services and Materials available to Members, EN.HQEW.NET may collect
information about a Member and a Member's use of EN.HQEW.NET ("Member Information").
You acknowledge and agree that EN.HQEW.NET's collection and use of your Member Information
Services, as contemplated under this Agreement, is not a breach of your right of
privacy, publicity, or any other right related to protection of personal data, whether
in equity, law, contract, or otherwise. You hereby waive any and all such claims
or rights of action, whether foreseen or unforeseen, so long as your Member Information
or in the case of you making use of Materials or Services provided by EN.HQEW.NET
LINKS TO OTHER INTERNET WEB SITES.This Site may contain links
to third-party Web sites that are not under the control of EN.HQEW.NET. EN.HQEW.NET
makes no representations whatsoever about any other Web site to which you may have
access through this Site, including the Web sites of EN.HQEW.NET Associates. When
you access a non-EN.HQEW.NET Web site, you do so at your own risk and EN.HQEW.NET
is not responsible for the accuracy or reliability of any information, data, opinions,
advice, or statements made on these sites; or for the quality of any products or
services available on such sites; or for any damage or loss caused or alleged to
be caused through or in connection with use of or reliance on the content, goods,
or services available on or through any such link, site, or resource. EN.HQEW.NET
provides these links merely as a convenience and the inclusion of such links does
not imply that EN.HQEW.NET endorses or accepts any responsibility for the content
or uses of such Web sites.
MEMBER CONTENT.You are solely responsible for the content of any
data, information, questions, comments, feedback, ideas, descriptions of processes,
or other information submitted to EN.HQEW.NET through the Site. EN.HQEW.NET does
not want to receive confidential or proprietary information from you through the
Site. Any non-personal unsolicited information or material sent to EN.HQEW.NET will
be deemed not confidential, and by sending such information you hereby grant EN.HQEW.NET
an unrestricted, irrevocable license to use, reproduce, display, perform, modify,
transmit, and distribute those materials or information, and you also agree that
EN.HQEW.NET is free to use any ideas, concepts, know-how, or techniques that you
send to us for any purpose. Personal information, such as names, address, telephone
materials, or documents of any kind submitted or placed on the Site ("Member Content"),
Member shall obtain any and all licenses to, or releases of intellectual or proprietary
rights in or to the Member Content before delivery to the Site.
Certain Services offered on the Site accommodate or require Member Content. By submitting
Member Content to the Site, you will grant EN.HQEW.NET a worldwide, royalty-free,
non-exclusive license to reproduce and modify, for purposes of formatting, maintenance,
or Site administration only, such Member Content. This license will remain in effect
until such Member Content is removed from the Site. For Member Content such as comments
to the EN.HQEW.NET user forums, bug reports, piracy reports, or product suggestions,
you grant EN.HQEW.NET an unrestricted, worldwide, irrevocable license to use, reproduce,
display, perform, modify, transmit, and distribute such Member Content, and you
also agree that EN.HQEW.NET is free to use any ideas, concepts, know-how, or techniques
that you submit to the Site for any purpose. By virtue of these licenses, EN.HQEW.NET
only obtains the rights set out in the license grants and does not obtain any additional
right, title, or interest to any copyright, patent, trademark, or other intellectual
property right in or to the Member Content. EN.HQEW.NET may establish general practices
and limits on the use of any Service, including, but not limited to, limits on retention
time, file size, and storage space for Member Content. EN.HQEW.NET shall have no
liability or responsibility for the deletion or failure to store any information
or materials in connection with any Service.
EN.HQEW.NET reserves the right, at EN.HQEW.NET's discretion, to refuse to post or
require the removal of any Member Content on the Site if EN.HQEW.NET deems such
Member Content to be inappropriate.
MEMBER OBLIGATIONS AND WARRANTIES.You may use the Site in accordance
with this Agreement. You undertake and warrant that the use of the Site by you and
the Member Content you post on the Site, shall not: (i) be false, inaccurate or
misleading, (ii) be fraudulent or involve the sale of counterfeit or stolen items
(iii) be defamatory, libelous, obscene, excessively violent, scandalous, unlawfully
threatening or unlawfully harassing, (iv) contain viruses or other contaminating
or destructive features, (v) violate the personal, proprietary, or intellectual
property rights of any third party, or (vi) violate any law, statute, ordinance
or regulation (including, but not limited to, those governing export control, consumer
protection, unfair competition, antidiscrimination or false advertising).
A Member shall use EN.HQEW.NET only for the direct benefit of such Member's internal
business operations, and shall not resell project management, hosting or any other
services on behalf of any third parties. With respect to information available on
the Site, you may (i) view that information, and (ii) print that information for
use in accordance with this Agreement, so long as those copies are distributed only
to Member's employees and so long as all copyright, trademark, and other proprietary
rights notices are included on those copies. Except as specifically permitted above,
you shall not (i) reproduce or distribute any information available through the
Site, electronically or otherwise, or (ii) store or aggregate that information.
You shall not share, rent, or sublicense any of its rights under this Agreement
to any other party.
WARRANTIES AND DISCLAIMERS.Except as expressly provided otherwise
in a written agreement signed by authorized representatives of you and hqew.net,
all meterials and services on this site are provided "as is" and "as available"
without warranty of any kind, either express or implied, including, but not limited
to, the implied warranties of merchantability or fitness for a particular purpose,
or the warranty of non-infringement. Without limiting the foregoing, hqew.net makes
no warranty that (i) the services and materials will meet your requirements, (ii)
the services and materials will be uninterrupted, timely, secure, or error-free,
(iii) the results that may be obtained from the use of the services or materials
will be effective, accurate or reliable, (iv) the quality of any products, services,
or information purchased or obtained by you from this site will meet your expectations,
and (v) any errors in the software obtained from the site will be corrected. some
states or jurisdictions do not allow the exclusion of implied warranties or limitations
on how long an implied warranty may last, so the above limitations may not apply
to you. To the extent permssible, any implied warranties that cannot by law be excluded
are limited to ninety (90) days.
This site could include technical or other mistakes, inaccuracies or typographical
errors. Hqew.net may make changes to the materials and services at this site, including
the prices and descriptions of any services and products listed herein, at any time
without notice. The materials or services at this site may be out of date, and hqew.net
makes no commitment to update such materials or services.
Hqew.net assumes no responsibility for errrors or omissions in the materials and/or
services or for information, materials, or services of third parties that are referenced
by or linked to this site, including those of hqew.net's associates. references
to other companies, their services and products, are provided "as is" and "as available"
without warranty of any kind, either express or implied. In no event shall hqew.net
or its licensors or associates or suppliers be liable to you or any third party
for any special, punitive, incidental, indirect, or consequential damages of any
kind, or any damages whatsoever, including, without limitation, those resulting
from loss of use, data, or profits, whether or not hqew.net has been advised of
the possiblility of such damages, or on any theory of liability, arising out of
or in connection with the use of this site or of any web site referenced or linked
to from this site, including those of hqew.net's associates. Some jurisdictions
prohibit the exclusion or limitation of liability for consequential or incidental
damages, so the above limitations may not apply to you.
The use of the services or the downloading or other acquisition of any materials
through the site is done at your own discretion and risk, and with your agreement
that you will be solely responsible for any damage to your computer system or loss
of data that results from such activities. No advice or information, whether oral
or written, obtained by you from hqew.net or through or from the site shall create
and exclusions set forth above, in no event will hqew.net's liability for the subject
matter of this agreement exceed 100 canadian dollars.
Members acknowledge that the allocation of risk and the limitations of liabilities
contained in this agreemnet is a material consideration for hqew.net entering into
INDEMNITY.You shall, at your own expense, indemnify, defend, and
hold EN.HQEW.NET and its subsidiaries, affiliates, officers, employees, agents,
co-branders, associates, suppliers, or other partners harmless from and against
any losses, costs, damages, liabilities, and expenses (including reasonable attorneys'
fees), arising out of or related to a third-party claim, action or allegation (a)
related in any way to a transaction or dispute between you and another Member or
between you and any third party, (b) based on or caused by unauthorized access to
the Site through Member's account, (c) is based on facts or alleged facts that would
constitute a breach of any of Member's representations, warranties, or covenants
under this Agreement, or (d) arising out of a request for EN.HQEW.NET to remove
or disable access to any Member Content in or on the Site. You shall not enter into
a settlement of the foregoing without EN.HQEW.NET's prior written consent, and shall
not incur expenses and fees in defending the above claims, actions, or allegations
without prior approval from EN.HQEW.NET.
By using this site you acknowledge that, EN.HQEW.NET has no control over the quality,
safety, legality or accuracy of Member Content, the ability of sellers to sell items
or the ability of buyers to pay for items. EN.HQEW.NET cannot ensure that a buyer
or seller will actually complete a transaction. As a result, in the event that you
have a dispute with one or more Members, you shall release EN.HQEW.NET and its subsidiaries,
affiliates, officers, employees, agents, co-branders, associates, suppliers, or
other partners 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.
ENTIRE AGREEMENT.This Agreement constitutes the entire agreement
between you and EN.HQEW.NET with respect to the Site and supersedes all prior agreements
or previous discussions (written or oral) between you and EN.HQEW.NET, subject to
any specific agreement governing Services subscribed by you through this Site. This
Agreement may be modified only by a signed agreement, or as follows: EN.HQEW.NET
may modify this Agreement by posting the new terms and conditions in the same location
the previous terms and conditions were posted. If you continue to use the Materials,
Services, or Site, then you will be considered to have accepted the modifications.
MISCELLANEOUS PROVISIONS.EN.HQEW.NET's failure to enforce any
provision of this Agreement will not be construed as a waiver of any provision or
right. In the event that a portion of this Agreement is held unenforceable, the
unenforceable portion will be construed in accordance with applicable law as nearly
as possible to reflect the original intentions of the parties, and the remainder
of the provisions will remain in full force and effect. Waiver by either party of
a breach of any provision of this Agreement or the failure by either party to exercise
any right hereunder shall not operate or be construed as a waiver of any subsequent
breach of that right or as a waiver of any other right.
EN.HQEW.NET will not be liable in any amount for failure to perform any obligation
under this Agreement if such failure is caused by the occurrence of cause beyond
the reasonable control of EN.HQEW.NET including, without limitation, outages of
the Internet or connections thereto, communications outages, earthquake, fire, flood,
war, or act of God; or any acts of governmental bodies or authorities. The parties
agree that this Agreement shall be written in English only.
GOVERNING LAW AND JURISDICTION.This Site (excluding linked sites)
is controlled by SHENZHEN HUAQIANG HOLDINGS LIMITED, from its offices within the
Shenzhen, PRC. By accessing this Site, you and EN.HQEW.NET agree the laws of the
PRC, without regard to the conflicts of laws principles thereof, shall govern all
matters relating to your access to, or use of, this Site and any Materials or Services.
You and EN.HQEW.NET also agree and hereby submit to the exclusive personal jurisdiction
and venue of the Courts of the PRC with respect to such matters. EN.HQEW.NET makes
no representation that Materials or Services available on this Site are appropriate
or available for use in other locations, and accessing them from territories where
their contents are illegal is prohibited. Those who choose to access this Site from
other locations do so on their own initiative and are responsible for compliance
with local laws.