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Term of use
ChinaMedi.COM Terms of Use Agreement PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. This Terms of Use Agreement (the "Agreement") describes the terms and conditions applicable to your use of the ChinaMedi web site which is identified by the uniform resource locator www.ChinaMedi.com (the"Site"). This Agreement is entered into between you as the user of the Site (the" User") and ChinaMedi.com E-Commerce Corp. ("ChinaMedi"). Application of and Acceptance of Terms and Conditions. 1.1 For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether said User has registered with ChinaMedi as a registered User or whether said User is a paying customer for a specific service provided by ChinaMedi.com. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
1.2 By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site.
1.3 This Agreement applies to each Premium Service (as defined below) in addition to any terms and conditions that may be applicable to such specific Premium Service provided, however, that (a) in the event of any conflict or inconsistency between any provision of the terms and conditions that may be applicable to such Premium Service and any provision of this Agreement, such conflict or inconsistency shall (except as otherwise expressly provided or agreed) be resolved in a manner favorable to ChinaMedi.com and/or its affiliates; and (b) only to the extent that such conflict or inconsistency cannot be so resolved, the provisions of the terms and conditions applicable to such specific Premium Service shall prevail.
1.4 ChinaMedi.com may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. This Agreement was last amended on January 18, 2005. Posting by ChinaMedi of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of ChinaMedi.com.
TopPremium Services.
2.1 Access to the Site and certain of its features are provided to all Users free of charge. However, ChinaMedi.com reserves the right, without prior notice, to restrict access to certain areas or features of the Site ("Premium Services") to paying Users or Users who undergo a specific registration process. Access to and use of these Premium Services are governed by additional terms and conditions under separate agreements in addition to this Agreement. 2.2 ChinaMedi reserves the right to deny Premium Services to any User for whatever reason in order to protect the interests of ChinaMedi.com. TopUsers Generally.
3.1 Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (the "ChinaMedi Content") for the purpose of re-selling or re-distributing the ChinaMedi.com Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with ChinaMedi.com, or otherwise commercially exploiting the ChinaMedi.com Content. Systematic retrieval of ChinaMedi.com Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from ChinaMedi.com is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited. 3.3 ChinaMedi.com may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. User acknowledges that ChinaMedi.com has no control over such third party's web site, does not monitor such sites, and ChinaMedi.com shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such a website.
3.4 Messages or information sent by a User through communication systems provided by the Site, or through emails, fax or letters to addressees obtained from the Site, shall not contain any of the materials described in the provisions of Section 5.5 below.
3.5 ChinaMedi.com reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall ChinaMedi.com be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features. 3.6 No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by ChinaMedi.com and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks. 3.7 We urge that you read ChinaMedi.com's Privacy Policy which governs the protection and use of each User's information in ChinaMedi.com's possession. Each User hereby accepts the Privacy Policy and any updates and amendments thereto. Each User acknowledges that ChinaMedi.com may change the Privacy Policy from time to time provided that ChinaMedi.com shall make available the updated version of the Privacy Policy on the Site at all times. Your continuation of use of the Site shall be deemed to be your acceptance of the Privacy Policy which is then displayed on the Site at the time of such use. 3.8 As a condition of your access to and use of ChinaMedi.com, you agree that you will not use the ChinaMedi.com service to infringe the intellectual property rights of others in any way. ChinaMedi.com will in appropriate circumstances terminate the accounts of members or users who are repeat infringers of the copyrights, or other intellectual property rights, of others. In addition, ChinaMedi.com reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with use of the ChinaMedi.com service, or if ChinaMedi believes that user conduct is harmful to the interests of ChinaMedi.com, its affiliates, or other users, or for any other reason in ChinaMedi.com's sole discretion, with or without cause.
TopRegistered Users
4.1 Each User who has filled out an on-line registration form on the Site by giving its information (such as name, address, telephone and fax number, email address, details of its business, etc.) is a registered user of ChinaMedi.com (a "Registered User"). ChinaMedi.com will establish an account ("Account") for each Registered User and each Registered User will be assigned a user alias ("User ID") and password ("Password") for log-in access to its own Account. TopUsers Who Post Information on ChinaMedi.com
5.1 You must be a Registered User in order to post information on the Site using the self-help submit and edit tools provided through the Site. Your status as a Registered User is governed by the provisions of Section 4 above. TopTransactions between Buyers and Suppliers
6.1 Through the Site, ChinaMedi.com provides an electronic web-based platform for exchanging information between buyers and suppliers of products and services. ChinaMedi.com does not represent the seller nor the buyer in specific transactions and does not charge any commissions from completing any transactions. As a result, ChinaMedi.com does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase. TopLimitation of Liability
7.1 THE FEATURES AND SERVICES ON THE ChinaMedi.COM SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ChinaMedi.COM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. |
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