2. GOVERNING LAW
THIS AGREEMENT AND YOUR USE OF THE WEBSITE SHALL BE GOVERNED BY PRC, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
3. USE OF THE WEBSITE
You may only use this Website for its intended purpose and solely in accordance with this Agreement. In addition, you may not restrict or inhibit any other person from using or enjoying the Website. The Website may contain links to other Internet sites and third-party resources. LancoTeck is not responsible for either the availability of these outside resources or their content. LancoTeck may, but is not obligated to, monitor your use of the Website. As part of your use of the Website, you may provide registration information to LancoTeck. You warrant that all such registration information is accurate and truthful, and you agree to update such information as necessary. You may also be asked to choose or be assigned a user name and password. You are responsible for maintaining the confidentiality of such information.
4. INTELLECTUAL PROPERTY
The content of this Website is protected by law, including without limitation PRC copyright law, trademark law, and applicable international treaties. You are granted permission to display, reproduce, distribute, and download the materials on this Website solely for your own personal, non-commercial use, provided that none of the content is modified and all of LancoTeck's legal legends are retained. You may not "mirror" any content contained within this Website. Except as stated herein, none of the content may be reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without the prior written permission of LancoTeck or the appropriate copyright owner. LancoTeck does not grant you any licenses, express or implied, to the intellectual property of LancoTeck or its licensors except as expressly stated in this Agreement.
5. TRANSMISSION OF CONTENT
6. INTERNATIONAL USE
This Website is controlled and operated by LancoTeck from PRC. LancoTeck makes no representations that materials contained within the Website are appropriate or available for use in other locations, and access to the Website from locations where such activity is illegal is prohibited. Those who choose to use the Website from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.
7. LIMITATION OF LIABILITY
THE WEBSITE IS PROVIDED "AS IS" AND LANCOTECK MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND NON-INTERFERENCE. UNDER NO CIRCUMSTANCES SHALL LANCOTECK BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR LOST PROFITS, OR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY, ARISING OUT OF YOUR USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT CONTAINED THEREIN, EVEN IF LANCOTECK KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES OR COUNTRIES, SOME EXCLUSIONS OR LIMITATIONS CONTAINED HEREIN MAY NOT APPLY TO YOU.
This Agreement may be modified by LancoTeck at any time by updating and posting a new version on the Website. By using the Website, you agree to be bound by the terms and conditions of the version of this Agreement that is in force during such use.
9. TERM AND TERMINATION
This Agreement is effective as of the date of your first access or use of the Website, and shall remain in effect for the duration of your access or use. This Agreement shall automatically terminate upon your breach of the Agreement.
This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement.
Terms and Conditions of
PLEASE READ THIS DOCUMENT VERY CAREFULLY. IT CONTAINS IMPORTANT LEGAL INFORMATION RELATING TO YOUR PURCHASE OF LANCOTECK PRODUCTS AND SERVICES, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. BY ACCEPTING DELIVERY OF YOUR LANCOTECK PRODUCT OR SERVICE, YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT.
1. INTRODUCTION This agreement ("Agreement") contains terms and conditions applicable to your purchase of LancoTeck("LancoTeck") products and services ("Product"). If you have any questions about this Agreement, please contact LancoTeck at info@LancoTeck.com.
2. GOVERNING LAW THIS AGREEMENT AND ALL SALES THEREUNDER SHALL BE GOVERNED BY PRC, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
3. TAXES Taxes will be indicated on the invoice; however, if any additional such tax, fee or charge is imposed by any governmental authority on, or measured by, the transaction between LancoTeck and you, you will be responsible for such tax, fee or charge. In the event that LancoTeck is required to pay any such tax, fee, or charge at the time of sale or thereafter, you will reimburse LancoTeck therefor.
4. SHIPMENT Any stated ship date is an approximation only. In the absence of specific shipping instructions, LancoTeck will ship by the carrier of its choice. You agree to pay all transportation charges, whether billed by the carrier or LancoTeck. Unless otherwise specified, the Product will be shipped in standard commercial packaging. When special packaging is requested or, in the opinion of LancoTeck, required under the circumstances, the cost of the same, if not set forth on the invoice, will be separately invoiced. LancoTeck continuously upgrades and modifies its products and services to provide customers with new and improved products and services. LancoTeck may modify or discontinue products or services at any time without prior notice to customers and discrepancies between the product you receive and the respective specification sheet may occur. However, in such a case LancoTeck will ship Products that have substantially similar or better functionality and performance. All Products contain new or equivalent-to-new parts except as expressly stated otherwise.
5. DELIVERY AND PASSAGE OF TITLE Delivery will be made F.O.B. LancoTeck's facility. The time of delivery is the time the Product to be delivered is picked up by the carrier. Title to the Product shall pass to you upon shipment from LancoTeck's facility. Loss or damage that occurs during shipping by a carrier selected by LancoTeck is LancoTeck's responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility.
6. PAYMENT TERMS Buyer agrees to make the payments set forth in the invoice for the Products. Unless otherwise agreed by LancoTeck, payment must be received in full prior to acceptance of your order.
7. RETURNS AND EXCHANGES Products that are defective may be repaired or replaced in accordance with LancoTeck’s standard warranty, the terms and conditions of which will accompany your Product. Except for the foregoing, all sales are final and the Products may not be returned or exchanged for any reason.
8. SOFTWARE AND INTELLECTUAL PROPERTY All software contained within the Product is provided to you subject to the license agreement that is part of the package or shown during installation of the software. You agree to be bound by any such license by opening the package or installing and/or using the software. Any warranty related to such software shall be provided solely within such license agreement. LancoTeck hereby retains for itself all other rights, title, and interest in and to all intellectual property in the Products sold and any products or software or other deliverable created during performance of the services, including without limitation, worldwide copyright, trade secret, patent, trademark, and any other proprietary rights.
9. WARRANTIES ANY WARRANTY ASSOCIATED WITH THE PRODUCT IS INCLUDED IN THE DOCUMENTATION PROVIDED WITH THE PRODUCT. A COPY OF SUCH LIMITED WARRANTY MAY ALSO BE FOUND HERE. WARRANTIES RELATING TO SOFTWARE, IF ANY, MAY BE FOUND IN THE RESPECTIVE LICENSE AGREEMENT. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THE FOREGOING DOCUMENTS, THE PRODUCTS ARE PROVIDED "AS IS" AND LANCOTECK MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND NON-INTERFERENCE. LANCOTECK DOES NOT WARRANT THAT YOUR USE OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY LAW ARE LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD.
10. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCE SHALL LANCOTECK BE LIABLE FOR (A) ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR LOST PROFITS, EVEN IF LANCOTECK KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, (B) ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY, OR (C) ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PRODUCTS PURCHASED HEREUNDER. THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS LIMITATION OF LIABILITY, HOWEVER, WILL NOT APPLY TO CLAIMS FOR PERSONAL INJURY. SOME STATES OR COUNTRIES DO NOT ALLOW A LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS. IN SUCH STATES OR COUNTRIES, SOME EXCLUSIONS OR LIMITATIONS CONTAINED HEREIN MAY NOT APPLY TO YOU.
(a) The terms and conditions set forth herein and any applicable software license(s) comprise the entire agreement between LancoTeck and you regarding this subject matter, and may be modified only in a writing signed by authorized officers of both parties.
(b) This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms.
(c) The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law.
(d) You hereby acknowledge that you have not entered into this Agreement in reliance upon any warranty or representation by any person or entity except for the warranties or representations specifically described herein.
(e) The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.
(f) Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement.