The submission
of information to, and use of, the business listing service available
through the TongYiTangUSA web site is subject to the following
terms and conditions. By submitting information to, or accessing
information from, the Service, you, the end user customer agree
to following terms and conditions. These Terms and Conditions
are a legal agreement between you and TongYiTangUSA.com .
If you do
not agree to these Terms and Conditions, do not submit information
to, or access information from, the Service. Questions regarding
this agreement should be directed to info@TongYiTangUSA .com.
Membership
Privileges
Membership privileges are granted by TongYiTangUSA to individuals
exclusively and are granted specifically to the subscribing registered
member only. Membership rights cannot be assigned, sublicensed,
distributed, shared, viewed, accessed, or otherwise transferred
to anyone other than the registered member without the express
written permission of TongYiTangUSA.com . TongYiTangUSA requires
that each registered user maintain a valid email address or user name and a
password, which shall be utilized for logging on to the TongYiTangUSA
system. Members are not permitted to share their individual logon
information with others. TongYiTangUSA has the right to refuse
service to any member that refuses to abide by the terms and conditions
herein or abuses their rights related to the TongYiTangUSA service.
TongYiTangUSA .com
utilizes email as a vital and primary communication channel with
customers. As a registered user, Customers hereby acknowledge
and grant TongYiTangUSA the permission to communicate with customers
via email (as well as other communication channel such as phone
and fax) for any purposes TongYiTangUSA determines to be relevant
including, but not limited to, system messages, program updates,
service announcements and other marketing messages. We will use
best efforts to honor customers request to opt out of marketing
messages, but under no circumstances will TongYiTangUSA have
any liability for sending any email to its registered users/customers.
TongYiTangUSA
Member subscriptions will automatically renew at the prevailing
monthly subscription cost and the credit card number provided
for initial payment will be charged accordingly unless the customer
notifies TongYiTangUSA Client Services (in writing or by telephone)
30 days prior to the renewal date. The Company reserves the right
to change its fees, payment frequency, or billing methods at any
time. The Company will provide timely notice of any such changes.
Submission
and Administration of Listings
Customer agrees not to submit any business descriptions, photographs,
financial, contact or other information contained in each business's
data to TongYiTangUSA unless the Customer has received all necessary
rights and authorizations, including from the photographer and/or
copyright owner of any photographs, to publish and advertise the
business on the Customer's website or on the TongYiTangUSA website.
The Company may, in its sole discretion but without any obligation
to search for such, remove businesses that are alleged to have
been submitted in violation of this provision. In addition, the
Company may require additional evidence of compliance with this
provision from Customers who are alleged to have submitted businesses
or other information in violation of this Agreement. The Company
will, in its sole discretion, terminate the accounts of, and refuse
service to, any Customer who repeatedly or knowingly violates
this Agreement. Additionally, the Customer agrees to allow the
Business listing, or any part of it, to be searched, displayed,
accessed, downloaded, copied, and otherwise referred to by users
of the Customer's website or the TongYiTangUSA website. The Company
shall have the sole authority to choose the manner in which any
Business will be searched, displayed, accessed, downloaded, copied,
and otherwise used on the TongYiTangUSA website and Company shall
have the right to modify the business listing in the exercise
of its rights under this Agreement. The Customer (a) represents
and warrants that all Businesses and associated information provided
by the Customer will be accurate; (b) agrees that the Customer
will not permit the posting of a business on the TongYiTangUSA
system under a name other than the named licensed business agents
that have been engaged by the business owner to market the business
under the terms of a duly executed listing agreement with the
owner; (c) agrees to administer the Businesses provided by the
Customer and maintain their accuracy at all times. The Company
reserves, in a manner consistent with reasonable commercial business
practices, the right to remove all or any part of the Businesses
posted on the Customer's website or on the TongYiTangUSA website.
The Company accepts no responsibility for checking the accuracy
of reports or data files submitted by the Customer. While the
Company shall take all reasonable efforts for data backup and
business resumption, the Customer will be solely responsible for
retaining back-up copies of all information, photographs and other
materials it provides to TongYiTangUSA.
Use
of Information
Customer agrees to treat all information and Listings obtained
from the Service as proprietary to TongYiTangUSA. Customer agrees that information
and Listings reserved for members will be maintained as confidential
and shall be protected as a trade secret of TongYiTangUSA. TongYiTangUSA does not
ensure the accuracy of, endorse or recommend any Listings and
Customer uses such Listings at the Customer's own risk. Customer
may access the Listings solely to obtain initial information from
which further evaluation and investigation may commence. Customer
shall limit access to and use of Listings to personal and internal
use, and shall not use Listings obtained from the Service for
further distribution, publication, public display, or preparation
of derivative works or facilitate any of these activities in any
way. Customer shall not use or reproduce Listings obtained from
the Service for or in connection with any other listing service
or device. Customers violating these specific terms, specifically
those customers searching the Service in an abusive or excessive
manner, by automated or manual means, shall be subject to immediate
termination of their membership and will be assessed an excessive
use fee of $200.
Payment
Terms
Customer agrees to pay for all products ordered through the TongYiTangUSA
web site or via the Client Services using the payment method indicated
and provides TongYiTangUSA express authorization to charge said
fees to their payment provider. Fees owed depend on the specific
type and quantity of TongYiTangUSA products, services, information,
or deliverables (collectively "Deliverables") ordered.
Payment of fees shall not be contingent on any events other than
the delivery of the ordered Deliverables. Any attorney fees, court
costs, or other costs incurred in collection of delinquent undisputed
amounts shall be the responsibility of and paid for by Customer.
If payment is not current, TongYiTangUSA may immediately cease
to provide any and all Deliverables to the customer. The fees
paid for monthly subscriptions are non-refundable, regardless
of whether the subscription is terminated prior to the end of
the month. Prepaid fees will be refunded based on the number of
months remaining on the contract period, beginning with the month
following receipt of written cancellation, but will be subject
to adjustment for any incentives or discounts provided for said
prepayment. No partial month refunds will be provided. Customer
may cancel their TongYiTangUSA product membership by emailing
Client Services cancellations@TongYiTangUSA.com or by contacting
us by telephone at (510) 581-3388 or by postal mail at TongYiTangUSA., P.O. BOX 360409,
Milpitas, CA 95036-0409. All cancellation
requests will be processed within five (5) business days, and
a cancellation confirmation will be emailed to the email address
on record for the account. The membership will be deactivated
at the end of the current billing term. The Company reserves the
right to change its fees or billing methods at any time. The Company
will provide timely notice to the affected Customers of any such
changes. It is the Customer's responsibility to promptly providing
the Company with any contact or billing information changes or
updates (including email address, credit card numbers, etc.).
Listing
Restrictions
Customer acknowledges that business listings will only be added
to the TongYiTangUSA web site if all contacts added to that listing
are also subscribing individual members. All listings must be
added in accordance with the Submission and Administration of
Listings terms, as above. TongYiTangUSA reserves the right to
remove listings that are deemed excessive in number or in violation
of the Submission and Administration of Listings terms. TongYiTangUSA
reserves the right, in its sole discretion, to remove any listing
from the Service.
Unsolicited
Commercial Email (Spam)
TongYiTangUSA prohibits the use of our system or its tools to
generate or send unsolicited commercial email (spam). Customers
may not use the email services that TongYiTangUSA offers to send
spam (i.e. unsolicited commercial email) or otherwise send content
that would violate these Terms and Conditions. LoopNet has the
right to revoke the privileges of any customer or company that
breaches these terms. Ownership and License Grant TongYiTangUSA
retains all rights (including intellectual property rights), title
and interest in the TongYiTangUSA Web site and all underlying
technology and data including any enhancements and improvements
thereto as a result of providing the Deliverables hereunder. Customer
will not and will not allow others to: reverse engineer, decompile,
disassemble, merge, copy, use, disclose, sell or transfer the
underlying source code or structure or sequence of TongYiTangUSA's
technology or delete or alter author attributes or copyright notices.
Customer shall use the TongYiTangUSA system solely for their
own use and shall not allow others to use the TongYiTangUSA system
under or through that Customer's login ID/email and password.
Limitation
of Liability and Indemnification
In no event shall FoodBizForSall be liable for any indirect, special,
incidental or consequential damages, which including without limitation,
damages for loss of business profits, loss of business, loss of
use or of data, or interruption of business, arising out of this
agreement. Customer's exclusive remedy, and TongYiTangUSA's entire
liability under this Agreement shall be a refund to Customer of
the fees paid to TongYiTangUSA hereunder, and in no event will
TongYiTangUSA's liability for any reason exceed such fee. TongYiTangUSA
(and its officers, directors, employees and agents) shall not
be liable for any damages whatsoever arising from Customer's use
of the Deliverables, and Customer shall indemnify TongYiTangUSA
(and LoopNet's officers, directors, employees and agents), and
hold each of them harmless from and against any and all costs,
damages or losses by any of them (including, without limitation,
reasonable attorneys' fees) as a result of a claim by any person
other than Customer arising from Customer's use or application
of the Services or the Deliverables.
Warranty
Disclaimers
The listings and service are provided "as is" without
warranty of any kind. TongYiTangUSA makes no promises, representation
or warranties, either express, implied, statutory, or otherwise,
with respect to the listings or service, include their accuracy,
operation, conformity or patent defects, and TongYiTangUSA specifically
disclaims all implied warranties of merchantability, noninfringement
and fitness for a particular purpose and, under the law of the
united kingdom, the implied conditions of satisfactory quality
and acceptance as well as any local jurisdictional analogues to
the above and other implied or statutory warranties.
Links
to Third Party Sites
This web site may contain hyperlinks to other web sites operated
by parties other than TongYiTangUSA. and its subsidiaries which
are beyond TongYiTangUSA's control. Parties other than TongYiTangUSA
may provide services or sell product lines on this site that take
you outside of our service. This includes links from advertisers,
sponsors, and content partners that may use TongYiTangUSA's logo(s)
as part of a co-branding relationship. For example, if you click
on a banner advertisement the click may take you off the TongYiTangUSA
site. TongYiTangUSA does not control, is not responsible for
examining or evaluating, and does not warrant the offerings of,
any of these businesses or individuals or the content of their
web sites. TongYiTangUSA does not assume any liability for the
actions, product, and content of all of these and any other third
parties. TongYiTangUSA makes no representations and cannot be
held responsible for the accuracy, relevancy, copyright compliance,
legality, or decency of material on such third party web sites.
When you click on a link that leaves the TongYiTangUSA site,
the site you will land on is not controlled by us and different
terms of use and privacy statements may apply. TongYiTangUSA
also does not assume, and expressly disclaims, all liability for
any viruses, worms, Trojan horses, defects, or other malfunctions
caused by, resulting from, existing within, or in connection with
such third party sites and any links thereto.
Other
Rights of TongYiTangUSA
Customer agrees that TongYiTangUSA.com shall have the right to use
Listings and other information submitted to it for any purpose,
including without limitation for publication of all or part of
such Listing on the Internet for unrestricted use by TongYiTangUSA
customers and partners. TongYiTangUSA shall have sole authority
to choose the manner in which any Listing will be received, displayed
and used by the Service, and reserves the right to remove all
or any part of a Listing or refuse Services to anyone at any time
in its sole discretion. TongYiTangUSA shall have no obligation
to (i) resolve disputes among users of the Service; or (ii) monitor
or verify the accuracy or proper use of the Listings. TongYiTangUSA
reserves the right to modify or change any and all terms and conditions
at any time. The most current copy of these terms and conditions
will be posted and available for review on TongYiTangUSA's corporate
web site.
