EFFECTIVE AS OF JULY 1, 2020
The term “us” or “we” or “our” refers to GULLIVER USA INC. and our affiliated entities.
The term “you” refers to the user or viewer of our Website.
The term “Content” means all materials, descriptions of services, products, company and business information, pictures, graphics, design, depictions, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork and computer code, including but not limited to, the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Website.
All Content is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
ACCEPTANCE OF AGREEMENT
By using and accessing our Website, you agree to the terms and conditions described herein (“Agreement”). This Agreement constitutes the entire agreement between us and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to your use of the Website, the Content and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific or prior notice to you. The latest Agreement will be posted on the Website, and you should review this Agreement prior to using the Website.
LIMITED LICENSE; PERMITTED USES
You are granted a limited, non-exclusive, non-transferable, revocable license:
- to access and use the Website strictly in accordance with this Agreement;
- to use the Content solely for internal, personal, non-commercial purposes; and
- to print out discrete information from the Website solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No printout or electronic version of any part of the Website or its Contents may be used by you in any other manner whatsoever.
Except as expressly provided in this Agreement, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring"), to any other computer, server, website or other medium for publication or distribution or used for any other purpose, without our express prior written consent.
Your license for access and use of the Website and any Contents are subject to the following restrictions and prohibitions on use.
You may not:
- post anything on the Website;
- obtain or attempt to obtain unauthorized access to the Website or to our servers, systems, network, or data;
- make available any content that is harmful to children, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- violate any applicable laws or regulations;
- impersonate any person or entity; or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Website;
- make available any Content that you do not have the right to make available or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity;
- post any advertisements or other commercial solicitations without our express prior written permission;
- install or add viruses or any other computer code, files, programs or content designed to interrupt, destroy or limit the functionality of the Website or affect other users;
- interfere with or disrupt the Website or servers, systems or networks connected to the Website in any way;
- use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website;
- gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any of our servers, or to any of the sites offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
- probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
- reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, to its source, or exploit the Website or any Content or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information;
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or our servers;
- use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any Website offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity;
- use the Website or any Content for any purpose that is unlawful or prohibited by this Agreement, or to solicit the performance of any illegal activity or other activity which infringe on our rights or the rights of others;
- copy, print (except for the express limited purposes expressly permitted herein), republish, display, distribute, transmit, sell, rent, lease or otherwise make available in any form or by any means all or any portion of the Website or any Content retrieved therefrom;
- use the Website or any Content to develop, or use as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, or any other commercial distribution mechanism;
- create compilations or derivative works of any Content;
- use any Content in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties;
- make any portion of the Website available through any timesharing system, Website bureau, the Internet or any other technology now existing or developed in the future;
- remove, decompile, disassemble or reverse engineer any Website software or use any network monitoring or discovery software to determine the Website architecture;
- alter, amend or change the Website in any way;
- use any process to harvest information from the Website;
- use the Website for the purpose of gathering information for transmitting:
- unsolicited commercial email;
- email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and
- unsolicited telephone calls or facsimile transmissions.
- use the Website in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations;
- add to, distribute, create through or otherwise publish through the Website any material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, contains nudity, or is otherwise objectionable;
- upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
- upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
- upload to, distribute or otherwise publish through the Website any content such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or "spam" (regardless of whether the email itself complies with the requirements of federal or state law for sending commercial email), or offering or disseminating fraudulent goods, services, schemes or promotions;
- disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information and
- link the Website to any other service or device.
ERRORS, CORRECTIONS AND CHANGES
We do not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the Content will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Website at any time. We may, in our sole discretion, edit or delete any documents, information or other content appearing on the Website.
We may investigate complaints or reported violations of this Agreement and take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
You will indemnify, defend and hold us harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Website.
We attempt to maintain the accuracy of the content of this Website. Any errors or omissions should be reported.
We make no claims, promises, or guarantees about the absolute accuracy, completeness, or adequacy of the contents of our Website and disclaim all liability for errors and omissions in the contents. No warranty of any kind, implied or expressed, or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose, and freedom from computer virus, is given with respect to the contents of our Website or its hyperlinks to other Internet resources.
Reference in our Website to any specific commercial products, processes, or services, or the use of any trade, firm, or corporation name is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favoring by us or our officers, directors, shareholders, employees or agents.
We are not liable in any manner for your ability to use or for the contents of such Linked Sites as such sites are not under our control. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on those Linked Sites nor do we endorse your patronage or use of such sites and of the products and services offered therein.
LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS OUR LIABILITY TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. BY ACCESSING OR USING THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN US.
THE ABOVE DISCLAIMER APPLIES TO ANY DAMAGES, LIABILITY OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.
WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS TO CEASE ALL OF YOUR USE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN ANY ELECTRONIC FILE DOWNLOADED FROM OUR WEBSITE IS DISCLAIMED.
OUR AGGREGATE LIABILITY AND OUR AFFILIATED ENTITIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE AND/OR THE CONTENT, PRODUCTS, INFORMATION AND SERVICES PROVIDED THEREIN SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED ENTITY.
LINKS TO OTHER WEBSITES.
The Website may contain links to other Websites. We are not responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Website on our Website does not imply approval or endorsement of the linked Website or its contents by us. If you decide to leave our Website and access these third-party Websites, you do so at your own risk.
We make no representation regarding and accept no responsibility of any kind for the quality, content, nature or reliability of websites accessible by hyperlink from the Website, or websites linking to the Website.
INFORMATION AND PRESS RELEASES.
The Website may contain information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website and the Content.
CLASS ACTION WAIVER.
The parties agree that (i) no arbitration proceeding hereunder whether a consumer dispute or a business dispute shall be certified as a class action or proceed as a class action, as a private attorney-general, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated, (ii) only your individual claim shall be arbitrated and (iii) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. The enforceability or interpretation of this paragraph shall be decided by a court and not by the arbitrator. THE PARTIES AGREE TO ARBITRATE A CONSUMER DISPUTE OR BUSINESS DISPUTE ON AN INDIVIDUAL BASIS AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
JURY TRIAL WAIVER
We agree that any legal proceeding between us will not be a proceeding involving a jury. We each unconditionally waive any right to trial by jury in any action, proceeding or counterclaim in any way arising out of or relating to this Agreement or your use of our Website.
CHOICE OF LAW AND FORUM
This Agreement and the relationship between the parties, including any claim or dispute that might arise between the parties, whether sounding in contract, tort, or otherwise, will be governed by the laws of the State of California without regard to its conflict of law provisions. In no event will the parties bring claims against one another under the laws of another jurisdiction. Regardless of where you access the Website, you agree that any action at law or in equity arising out of or relating to the Website or to this Agreement shall be filed and adjudicated only in the federal or state courts located in Los Angeles, CA and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of this document.
OTHER APPLICABLE TERMS AND CONDITIONS
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
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