Changjiu Auto Trading International Co., Ltd
1. REPRESENTATION
You hereby represent and warrant that (a) you have all necessary authority, rights and permissions to submit the Content to the Site, (b) the Content posted or submitted does not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity, and (c) the Content does not and will not violate any applicable law or regulation including, but not limited to, any automobile advertising laws or regulations, or cause injury to any person. You agree to release, defend, indemnify and hold Changjiu Auto Trading International , its affiliates and subsidiaries, and their respective officers, directors, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys’ fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Content you provide, (ii) your use of the Site or any reliance on the Content, (iii) your breach of these Terms and Conditions or (iv) any actual, prospective or terminated sale or other transaction between you and a third party.
2. WARRANTY DISCLAIMER
You expressly agree that use of the site and reliance on its content is at your own risk. Changjiu Auto Trading International , its subsidiaries and affiliates, and their respective third-party licensors do not make any representations or warranties of any kind regarding the site, the software, the content, the materials, the listing service, or the results that may be obtained from the use of any of the foregoing. The site, the software, the content, the materials, and the listing service are provided on an “as is, as available” basis, and Changjiu Auto Trading International , its subsidiaries and affiliates, and their respective third-party licensors specifically disclaim any and all express or implied warranties, including, without limitation, the warranties of fitness for a particular purpose, warranties of merchantability, and warranties of non-infringement. All information related to vehicles available on this site is supplied by the seller or other third parties. Changjiu Auto Trading International and its subsidiaries and affiliates make no representations or warranties, expressed or implied, to any actual or prospective purchaser or owner of any vehicle, as to the existence, ownership, or condition of the vehicle, or as to the accuracy or completeness of any information about a vehicle advertised on the site. Changjiu Auto Trading International cannot and does not verify or warrant the accuracy or completeness of such information. Changjiu Auto Trading International reserves the right, in its sole discretion, to correct any error or omission on the site or in the content. All vehicles are subject to prior sales. Any and all concerns, differences, or discrepancies regarding a vehicle must be addressed with the seller prior to the sale of the vehicle. Except as expressly set forth in the Sell It Yourself Terms and Conditions, Changjiu Auto Trading International does not make and expressly disclaims any representations, warranties, or guarantees to you regarding the listing service, including, without limitation, any representations, warranties, or guarantees that you will sell your vehicle, obtain an acceptable price for your vehicle, only receive legitimate inquiries or solicitations from qualified buyers, or receive any inquiries regarding your vehicle for sale. For purposes of this warranty disclaimer, “third-party licensor” does not include you.
3. LIMITATION OF LIABILITY
Car buyers are fully responsible for custom clearance at the Port of Landing (PoL), providing all necessary documents, homologation reports, export certificates, etc. Any legal fees, taxes, penalties, etc. are the full responsibility of the car buyer. Changjiu Auto Trading International is not responsible for custom clearance in any way. Changjiu Auto Trading International, its subsidiaries and affiliates, and their respective owners, employees, agents, contractors, and third-party licensors shall in no event be liable for any damages or losses, including, without limitation, direct, indirect, consequential, special, incidental, or punitive damages, resulting from or caused by the site, the software, the content, these terms and conditions, or otherwise (including, without limitation, damages resulting from negligence). In no event will the aggregate maximum liability of Changjiu Auto Trading International, its subsidiaries and affiliates, and their respective owners, employees, agents, contractors, and third-party licensors for any claim exceed fifty dollars ($50). For purposes of this limitation of liability, “third-party licensor” does not include you.
4. THIRD PARTY SERVICE PROVIDERS
Some aspects of the Service may be dependent upon third party service providers, such as a wireless carrier or social media platform. We do not control such third-party service providers and are not responsible or liable for their acts or omissions. In addition, such third-party service provider may have their own terms, policies and guidelines. You should become familiar with all such terms, policies or guidelines prior to using the Service through such third-party service provider.
Platform providers, such as Apple, Inc. and Google, Inc., that make our mobile applications available for download (“Platform Providers”) are not parties to these Terms of Use. Platform Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the mobile applications. In the event of any failure of a mobile application to conform to the warranties herein, you may notify the applicable Platform Provider, and such Platform Provider may refund any purchases made through the mobile application (if applicable). To the fullest extent permitted by law, Platform Providers will have no other warranty obligation whatsoever with respect to a mobile application.
5. INDEMNIFICATION
By using the Site, you agree to indemnify, defend and hold Changjiu Auto Trading International, and its officers, subsidiaries, licensors, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from and against any losses, actions, claims, proceedings, suits, judgments, settlements or liabilities (“Claims”), and all resulting losses, damages, liabilities, fees, liens, assessments, penalties, judgements, costs and expenses (including reasonable attorneys’ fees), made or initiated by any third party due to or arising out of your use of the Site, your violation of these Terms and Conditions, your violation of any rights of another, or any of your Content or your use of any Content. You agree to notify Changjiu Auto Trading International within seven (7) days of the filing of any Claims, and Changjiu Auto Trading International reserves, and you grant to Changjiu Auto Trading International, the right to participate in or assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification set forth herein shall survive termination of these Terms and Conditions. You are responsible for maintaining the security of your password and you are responsible for all statements or reviews made and acts that occur through the use of your account.
12. SECURITY
Changjiu Auto Trading International does not guarantee or warrant that the Site, Services, or any Content thereon will be free from infection, viruses, worms, Trojan Horses or other codes or features that manifest contaminating or destructive properties, nor can Changjiu Auto Trading International provide any assurance that unauthorized persons will not be able access your computers, data or systems by means of the Site or systems or through use of e-mail addresses, user names or other information or Content unauthorized persons may find on the Site. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for system security, accuracy of data input and output and for maintaining your own means for the reconstruction of any lost data or otherwise dealing with system security breaches. Even with the use of encryption, you acknowledge that the Internet is not a 100% secure medium and privacy cannot be guaranteed. Changjiu Auto Trading International will not be responsible for any damages you or any third party may suffer as a result of the transmission that you make to Changjiu Auto Trading International through the Internet, or that you expressly or implicitly authorize Changjiu Auto Trading International to make, or for any errors, data corruption or any changes made to any transmitted information.
6. TERMINATION OF SERVICE
You understand and agree that in Changjiu Auto Trading International sole discretion, and without prior notice, your access to the Site or Services may be terminated or suspended, and Changjiu Auto Trading International may exercise any other remedy available and remove any Content if Changjiu Auto Trading International believes that your use of the Site and/or any Content you provide (a) violate (i) these Terms and Conditions, (ii) the rights of Changjiu Auto Trading International, its affiliates and subsidiaries, or another user of the Site, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to Changjiu Auto Trading International for violations of these Terms and Conditions, and you consent to injunctive or other equitable relief for such violations without the requirement that Changjiu Auto Trading International post a bond. Changjiu Auto Trading International is not required to provide any refund to you if you are terminated as an authorized user of the Site because, in Changjiu Auto Trading International’s sole discretion, you have violated these Terms and Conditions.
7. COMPLIANCE WITH LAWS
Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of Content and Services, and any other information, content, or materials accessed through or obtained by means of the Site. Under no circumstances shall Changjiu Auto Trading International or its affiliates and subsidiaries, or their respective directors, officers, employees and agents, or any third-party supplier, provider, or licensor, be liable for any indirect, incidental, punitive, special, or consequential damages (including but not limited to damages for personal injury and/or death, lost revenues or profits, loss of business or loss of data) that are directly or indirectly related to your use of or inability to use the Site, Services, and/or Content, even if advised of the possibility of such damages, regardless of whether such liability is based in tort (including negligence), contract or any other legal or equitable theory. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of the Site, Services, and/Content.
8. PROHIBITED ACTIVITIES
The following is a partial list, in addition to other prohibited actions in these Terms and Conditions, of the kinds of activities that are prohibited on or through the Site: (a) submitting Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Content that could be harmful to minors; (c) engaging in activity or submitting Content that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” to Changjiu Auto Trading International users or others; (e) engaging in activity or submitting Content, or promoting information, that is fraudulent, false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Content that contains restricted or password-only access pages, or hidden pages or images; (g) submitting Content that displays pornographic or sexually explicit material of any kind; (h) submitting Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (i) engaging in activities or submitting Content that solicit passwords or personally identifiable information for unlawful purposes from other users; (j) engaging in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes; (k) using the Site’s lead forms and/or toll-free numbers to advertise or promote products and services to Changjiu Auto Trading International advertisers; (l) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site; or (m) taking any action that imposes an unreasonable or disproportionately large load on Changjiu Auto Trading International‘s hardware and software infrastructure (collectively, “Prohibited Activities”).
9. PRIVACY NOTICE
Your use of the Site and Services may involve the transmission of your personal information. Changjiu Auto Trading International’s notices regarding the collection and use of personal information are governed by the Changjiu Auto Trading International Privacy Notice , both of which are hereby incorporated by reference in their entirety.
10. INTERNATIONAL USERS AND EXPORT CONTROL LAWS
This Site is intended only for users in the Shandong. Changjiu Auto Trading International makes no representation that the Site, or the Services available through it, are appropriate or available for use at other locations outside the Shandong, and access to the Site from territories where the Site or the Service are illegal is prohibited. The export and re-export of software products are controlled by the Hong Kong Export Administration Regulations, and such software may not be exported or re-exported to certain designated countries, or any country to which the Shandong embargoes goods. In addition, Changjiu Auto Trading International software may not be distributed to certain designated persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. If you use or access the Site or the Services outside of the Shandong, it is your responsibility to ensure that your use complies with all applicable laws, rules, and regulations and, without limiting the generality of your obligations under the indemnity provisions these Terms and Conditions, you agree to indemnify, defend and hold the Indemnified Parties harmless from any Claim brought or asserted against any of the Indemnified Parties arising out of your use or access of any of the Sites or Services outside of the Shandong.
11. GOVERNING LAW; JURISDICTION
These terms and conditions and any transactions consummated thereunder shall be governed by and construed under the laws of Shandong, without regard to conflicts of law principles or rules thereof. Any legal action arising out of or related to these terms and conditions and your access to and use of this site and/or its services must be commenced within one year after the cause of action arises. You agree and understand that Changjiu Auto Trading International and you each waive your respective right to a trial by jury. Changjiu Auto Trading International and you each agree to use best efforts to settle any dispute or claim arising out of or relating to any matters related to interpretation, construction, or enforcement of these terms and conditions. If Changjiu Auto Trading International and you cannot reach a written settlement agreement within thirty (30) days of the raising of the controversy or claim, Changjiu Auto Trading International and you shall submit any controversy or claim arising out of or relating to these terms and conditions to binding arbitration in Hong Kong, as set forth below.
12. CLASS ACTION
Changjiu Auto Trading International and you agree that any disputes, claims, and/or causes of action arising out of or relating in any way to these terms and conditions or your access to and use of the site and/or its content or service may only be brought in an individual capacity and in the name of an individual person or entity. Claims must proceed on an individual and non-class and non-representative basis. Changjiu Auto Trading International and you agree that claims of two or more persons may not be joined or consolidated in the same claim unless arising from the same transaction.
Furthermore, Changjiu Auto Trading International and you agree that neither you nor Changjiu Auto Trading International may pursue the claims in arbitration as a class or collective action, as a private attorney general action, or other representative action. Claims may not be pursued in any court other than to enforce the arbitrator’s award. The arbitrator shall have the authority to award relief only on an individual and non-class and non-representative basis.
13. ARBITRATION
Changjiu Auto Trading International and you agree that this Section 20 shall be construed and interpreted under the Shandong law, et. seq. Changjiu Auto Trading International and you agree that any and all Claims shall be submitted to final and binding Arbitration before the Hong Kong Arbitrary in accordance with the Shandong Arbitration Rules. Judgment may be entered on the arbitration award by a court of competent jurisdiction. You agree that Claims submitted to arbitration shall be decided in a single arbitration before a single arbitrator in accordance with Shandong arbitrary law. The arbitrator shall have the authority to award the same damages, including reasonable attorney’s fees, and all other relief that a court can award. You acknowledge and agree that you voluntarily and knowingly entered into these Terms and Conditions and chose to use the Site and the Services offered by it rather than companies that offer similar services and who may not have an arbitration agreement.
14. CHANGES TO THESE TERMS AND CONDITIONS
Changjiu Auto Trading International reserves the right to update and periodically amend these Terms and Conditions at its discretion and at any time. If Changjiu Auto Trading International makes changes to these Terms and Conditions, amendments will be posted online and the date of update will be included. Your continued use of the Site after any such update indicates your agreement to the same. If you do not agree to the modified terms for the Site or Services, you must discontinue your use of the Site and Services. Changjiu Auto Trading International may modify, suspend, discontinue, or restrict the use of any portion of the Site without notice or liability.
15. THIRD PARTY LINKS
This Site may contain links to or otherwise allow connections to third-party websites, products, or services that are not owned or controlled by Changjiu Auto Trading International. You agree that Changjiu Auto Trading International is not responsible or liable for the content, policies or practices of any third-party websites or for any non- Changjiu Auto Trading International products or services. Changjiu Auto Trading International does not sponsor or endorse such websites and is not responsible for the accuracy, content or any aspect thereof. Changjiu Auto Trading International disclaims all liability for such websites, and for any use of the links to such websites or use of such websites themselves. Changjiu Auto Trading International also disclaims all liability and makes no representations or warranties for any products or services made available, sold or provided to you by any third party. Your use of other websites, and the offer or purchase of products or services on or through such other websites, is subject to the terms and conditions thereof. You agree that you will bring no suit or claim against Changjiu Auto Trading International arising from or based on your use of, or the offer or purchase of products or services on or through, such other websites. Links do not imply that Changjiu Auto Trading International is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in connection with or accessible through such links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Changjiu Auto Trading International or any of its affiliates and subsidiaries.
16. MISCELLANEOUS
These Terms and Conditions supersedes all prior and contemporaneous agreements and understandings between you and Changjiu Auto Trading International relating to the Site and the Services, other than any additional terms applicable to a particular Service. You may not transfer your rights or obligations under these Terms and Conditions without the prior written consent of Changjiu Auto Trading International. Changjiu Auto Trading International may freely do so, in whole or in part. These Terms and Conditions will be binding upon the successors and permitted assigns of you and Changjiu Auto Trading International. These Terms and Conditions do not create any third party beneficiary rights. Changjiu Auto Trading International failure or delay in exercising any right, power or privilege under these Terms and Conditions will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under these Terms and Conditions. You and Changjiu Auto Trading International are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by these Terms and Conditions. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.