Terms of Use

BEFORE YOU USE OR ACCESS OUR WEB SITE, PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. IF YOU DO NOT ACCEPT ALL OF THE TERMS OF USE, PLEASE DO NOT USE OR ACCESS OUR WEB SITE.

Introduction

Welcome to DeerHardware.

Please review the following basic rules that govern your use and access of the Site (the “Agreement”). Please also note that your use or access of the Site constitutes your unconditional agreement to follow and be bound by this Agreement, although you may “bookmark” a particular portion of this Site and thereby bypass this Agreement. If you do not accept all of the terms of this Agreement, please do not use or access the Site.

1. Application of Terms of Use

1.1 Your use and access of the Site and its services, software and products (collectively, the “Services”) are governed by all terms and conditions related to this Agreement as well as the Security and Privacy Policy, the Intellectual Property Rights Policy, and any other rules and policies of the Site that DeerHardware may publish from time to time. This Agreement and such other rules and policies of the Site are collectively referred to herein as the “Terms”. Meanwhile, with regard to your purchases and transactions on the Site, the Registration Agreement and related terms and conditions between you as a buyer and DeerHardware will be binding upon you. Therefore, we recommend that you read this Agreement and all relevant additional terms, conditions and information, including, but not limited to, the Registration Agreement, the Security and Privacy Policy and the Intellectual Property Rights Policy, carefully.

1.2 You acknowledge and agree that DeerHardware may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms apply to you.

1.3 If DeerHardware has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your use of the Services or the Site.

1.4 The Terms may not otherwise be modified except in writing by an authorized officer of DeerHardware.

2. The Use of the Site

2.1 By accepting these Terms of Use through your use or access of the Site, you represent that you are (a) a person of legal age and able to form a legally binding contract in the jurisdiction in which you are a resident and from which you use the Services, and (b) permitted to receive any Services under the laws of the jurisdiction in which you are a resident and from which you use the Services. If you do not agree to (or cannot comply with) this Section 2.1, do not use this Site.

2.2 All billing and registration information provided on the Site must be truthful and accurate. Each User shall be solely responsible for the information and content posted on the Site. Providing untruthful or inaccurate information constitutes a breach of these Terms of Use.

2.3 All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of DeerHardware or its suppliers and protected by international copyright laws. The Contents and software on this Site may be used only as a purchasing resource. Any other use, including the reproduction (except as noted above), modification, distribution, transmission, republication, display, or performance, of the Contents on the Site, without prior written permission from DeerHardware, is strictly prohibited.

2.4 While accessing the Site, or using its services, you should not:

a) Post or transmit false, inaccurate, misleading, defamatory, or libelous content (including but not limited to during the registration process and in DeerHardware forum);

b) Violate any laws, regulations, third party rights or our policies, such as third party’s intellectual property rights;

c) Fail to deliver payment for the products and items purchased by you;

d) Manipulate the billing process of DeerHardware, or fail to deliver the payment or fee owned to DeerHardware;

e) Undermine the feedback or ratings systems;

f) Transfer your DeerHardware Account (including your User ID and Password) to another party without prior written consent from DeerHardware;

g) Distribute spam, bulk electronic communications, chain letters, or pyramid schemes on the Site;

h) Distribute viruses or any other technologies that may harm DeerHardware and the Site, or the interests or property of other users;

i) Collect information of other Users, including, but not limited to, their email addresses and User IDs, without their advance consent, in order to reap profits; or

j) Otherwise incur any liability to the Site or DeerHardware.


2.5 In our sole discretion, DeerHardware reserves the right to remove from the Site any material or listing which we reasonably believe is unlawful, violates the Agreement, could result in any liability to DeerHardware, or is otherwise inappropriate.

2.6 DeerHardware reserves the right to limit, terminate and deny the right to use or access the Site and Service(s) of any User for any reason whatsoever, including, but not limited to, infringing any third party’s intellectual property right, breaching this Agreement, and incurring any liability to DeerHardware. Each User hereby also agrees that in no event shall DeerHardware be liable to any User or any third party for any User’s inability to use or access the Site and/or Services.

2.7 DeerHardware may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any feature within the Services) without prior notice, except that, in the case of a fee-based Service, such changes shall not substantially adversely affect the paying Users enjoying that Service.

3. Purchasing on the Site

3.1 You must be registered on the Site (a “Registered User”) in order to make purchases on the Site and/or access some Services. Your status as a Registered User and the purchase process are governed by the Registration Agreement and any terms and conditions related thereto. 

3.2 Each User will be required to provide information or material about your entity, business or products/services as part of the registration process on the Site or your use of any Service or the DeerHardware account. Each User represents, warrants and agrees that (a) such information and material, whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service, is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.

3.3 A set of User ID and Password is unique to a single account. Each Registered User shall be solely responsible for maintaining the confidentiality and security of your User ID and Password and for all activities that occur under your DeerHardware Account. No Registered User may share, assign, or permit the use of your DeerHardware Account, User ID or Password by another person outside of the Registered User’s own business entity. Registered User agrees to notify DeerHardware immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your DeerHardware Account.

3.4 User agrees that all activities that occur under your DeerHardware Account (including, without limitation, posting any company or product information, clicking to accept any additional agreements or rules, subscribing to or making any payment for any services, sending e-mails using the latest e-mail account or sending SMS) will be deemed to have been authorized by you.

3.5 User acknowledges that sharing your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, “multiple use”), may cause irreparable harm to DeerHardware or other Users of the Site. User shall indemnify DeerHardware,  (including but not limited to loss of profits) .suffered as a result of the multiple use of your account. User also agrees that in the case of the multiple use of your account or User’s failure to maintain the security of your account, DeerHardware shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate User’s DeerHardware Account without liability to User.

3.6 By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) purchased. You realize that any delay in the process of delivery payment may constitute a contract breach, and you shall be solely responsible for such breach.

3.7 Each User understands and accepts that the price listed for the product on the Site and/or the price paid for the product 

3.8 Each User understands and accepts that the product and content listing or displaying on the Site may relate to copyrights, trademarks, trade secrets, patents and other personal or proprietary rights of a third party. Further, each User agrees that the User who uploads or lists that content and information on the Site shall be solely responsible for any violation of third party rights. The Site and DeerHardware shall not be liable for any infringement or purchase dispute related to the intellectual property and/or other personal or proprietary rights of third party.

3.8 When required by the government, law enforcement body, or obligee whose legitimate right has been injured, or forced by subpoena or other legal document, DeerHardware may disclose the User’s identity and contact information. User agrees not to bring any action or claim against DeerHardware for such disclosure.

4. Limitation of Liability

4.1. To the maximum extent permitted by law, this Site is provided by DeerHardware on an “as is”, “as available” and “with all facts” basis. DeerHardware makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on this Site. To the full extent permissible by applicable law, DeerHardware hereby expressly disclaims any and all warranties, express or implied, including, but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, DeerHardware disclaims any and all warranties, express or implied, for any merchandise offered on this Site. All such warranties, representations, conditions and undertakings are hereby excluded. You acknowledge, by your use or access of the Site, that your use or access of the site is at your sole risk. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of this Agreement.

4.2. Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall DeerHardware or any of its affiliates, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Site, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of DeerHardware has been advised of or should have known of the possibility of such damages.

4.3. In addition, in no event shall DeerHardware be liable for damages stemming from any one of the following, no matter it is special, direct, indirect, punitive, incidental or consequential damages, or related to contract, negligence, tort or otherwise:

a) Any violation of Third Party Rights on the Site;

b) Unauthorized access to data or private information of any User on the Site; 

c) Statements or conducts of any User of the Site.

4.4. Notwithstanding any of the foregoing provisions, if DeerHardware,  or anyone acting on our behalf is found to be liable, our liability will not exceed you payed orders cost.

4.5. DeerHardware shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including, but not limited to, damages for loss of profits or savings, business interruption or loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following: (1) the use or the inability to use the Site or Services,  (2) any violation of third party rights or claims or demands that User’s manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be alleged to violate third party rights or claims by any part that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third party rights claimants, (3) unauthorized access by third parties to data or private information of any User, (4) statements or conduct of any User of the Site, or (5) any matters relating to Services, however arising, including through negligence.

4.6. The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not DeerHardware has been advised of or should have been aware of the possibility of any such losses arising.

5. Force Majeure

Under no circumstances shall DeerHardware 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 our 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, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance by third parties.

6. Copyrights, Trademarks and Other Intellectual Property Rights

6.1 Unless otherwise noted, all contents on the Site are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by DeerHardware or one of its affiliates and are protected by P.R.C. and international copyright, patent, trademark and other intellectual property laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this site is the exclusive property of DeerHardware and is also protected by international copyright, patent, trademark and other intellectual property laws.

6.2 DeerHardware and its suppliers and/or licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on the Site. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of DeerHardware’s or any third party’s intellectual property rights. The DeerHardware names and logos and all related product and service names, design marks and slogans are the trademarks of DeerHardware. All other marks are the property of their respective companies. No trademark, service mark or logo license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner. The unauthorized use of these names, logos or marks is strictly prohibited.

6.3 References on this Site to any names, marks, products or services of third parties or hypertext links to third party Site or information are provided solely as a convenience to you and do not in any way constitute or imply DeerHardware’s endorsement, sponsorship or recommendation of the third party, information, product or service. DeerHardware is not responsible for the content of any third party site and does not make any representations regarding the content or accuracy of material on any such site. If you decide to link to any such third party web sites, you do so entirely at your own risk.

7. Termination

These Terms of Use are effective unless and until terminated by either you or DeerHardware. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. DeerHardware also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in DeerHardware’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or DeerHardware, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. DeerHardware’s right to any Contents, and the provisions of Sections 2.6, 3, 4, 5, 6, 8, 10 and 11, shall survive any termination of this Agreement.

8. Notice

8.1 All notices or demands to or upon a User shall be effective if delivered personally, by e-mail to the e-mail address provided to DeerHardware during the registration process (as updated from time to time, if applicable), or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when: (1) DeerHardware is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or (2) immediately upon DeerHardware posting such notice on an area of the Site that is publicly accessible without charge.

8.2 You agree that all agreements, notices, demands, disclosures and other communications that DeerHardware sends to you electronically satisfy the legal requirement that such communication should be in writing.


9. General


9.1 This Agreement represents the complete agreement between the parties with respect to your use of the Site and Services and supersedes all prior written or oral agreements and representations between the users and DeerHardware related to the same subject matter.

9.2 Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section.

9.3 If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be deleted or reformed to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect.

9.4 The failure of DeerHardware to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit DeerHardware’s rights with respect to such breach or any subsequent breaches.

9.5 DeerHardware and you are independent contractors, and no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by the Terms.

9.6 DeerHardware’s failure to enforce any right or failure to act with respect to any breach by you of the Terms will not constitute a waiver of that right nor a waiver of DeerHardware’s right to act with respect to subsequent or similar breaches.

9.7 DeerHardware may transfer this contract and all or part of its rights, obligations and interests to any party or entity in its sole discretion; however, the Users may not assign its rights, obligations and interests under this contract to any party or entity.

9.8 Any action or proceeding arising out of or related to this Agreement or your use of this Site must be submitted to the China international Economic and Trade Arbitration Commission for arbitration which shall be conducted in accordance with the Commission’s arbitration rules in effect at the time of the application for arbitration. The arbitral award shall be final and binding upon both parties.

9.9 If you resident in China, this Agreement shall be governed by and construed under the laws of People’s Republic of China (“P.R.C.”) without regard to conflict of law provisions.

9.10 If there is any conflict between the English version and another language version of this Agreement, the English version shall prevail.


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