The information you provide must be true and reliable, and you are responsible for all the information you release at this website. Thank you for your cooperation and support, we will try our best to provide good service for you: Welcome to 360pu.net E-Commerce Corp.'s Terms of Service Agreement ("Agreement"). This Agreement describes the terms and conditions applicable to your use of the 360pu.net web site, which features tools for trading and communicating in a global business to business e-market (the "Service").
PLEASE READ THIS AGREEMENT CAREFULLY!
THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH 360pu OFFERS YOU ACCESS TO THE SERVICE.
1
Acceptance Of Terms.
By accessing our web site past the home page, you agree that you have entered into this Agreement with 360pu.net E-Commerce Corp. ("360pu") and that you will be bound by the terms and conditions hereof ("Terms"), which 360pu in its discretion may change from time to time. We will post a notice on our web site to inform you of any changes to the Terms. If you do not agree to the changes, you must discontinue using the Service. The changed Terms shall automatically be effective immediately after they are initially posted on the homepage of our site. Your continued use of the Service will signify your acceptance of the changed Terms. Unless explicitly stated otherwise, any new features that augment or enhance the Service shall be subject to this Agreement. This Agreement may not be otherwise modified except in a writing signed by an authorized officer of 360pu.
2
Who Can Use 360pu.
The Service is only available to individuals or companies who can form legally binding contracts under applicable law. Thus, you must be at least 18 years of age to use our services. If you do not qualify, please do not use the Service. 360pu may, in its sole discretion, refuse the Service to anyone at any time. The Service is not available to temporarily or indefinitely suspended 360pu members.
3
Fees
Joining 360pu and the use of the Service is free! We reserve the right to charge fees for the Service upon notice to you pursuant to paragraph 1. You are responsible for paying all applicable taxes and duties and for all hardware, software, service and other costs you incur to trade, procure a listing from us, or access our servers. We reserve the right to change or discontinue, temporarily or permanently, some or all of the Service at any time without notice.
4
360pu Is Only A Venue For Trading
Our site acts as the venue for users to locate people to trade with, to negotiate the exchange of goods and services and to obtain various trade-related services. However, we have no control over the quality, safety or legality of the items being traded, the truth or accuracy of the item listings, the ability of traders to fulfill their obligations in a trade agreement. We cannot and do not control whether or not traders will complete their part of a trade. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretense.
5
Your Information And Items For Trade
"Your Information" includes any information data, text, software, music, sound, photographs, graphics, video, messages or other materials you provide to us or other users during the registration, trading or listing processes, in any public message area or through any email feature. With respect to Your Information, you are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. We may take any action, however, with respect to Your Information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You hereby warrant that you have all rights, including all copyrights, necessary to submit Your Information to 360pu. You acknowledge that 360pu does not take any responsibility to determine what information that is submitted to us is protected, nor will we be responsible for the use of Your Information by other users of the Service.
5.1 Registration Obligations
If you register with us, you agree to: (a) provide true, accurate, current and complete information about yourself or company as prompted by the member information form, and (b) maintain and promptly update the member information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or 360pu has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 360pu has the right to suspend or terminate your registration and refuse any and all current or future use of the Service (or any portion thereof). If you have registered with us on behalf of a company or other entity, then you represent and warrant that you have the authority to bind such company or other entity to the Terms.
5.2 Member ID, Password and Security
During the registration process, you will select a Member ID and Password. You are solely responsible for maintaining the confidentiality of your Member ID and Password, and for all activities that occur under your Member ID and password. You agree to (a) immediately notify 360pu of any unauthorized use of your Member ID or Password or any other breach of security, and (b) ensure that you properly exit the web site at the end of each session. 360pu cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.
5.3 Rules About Your Information
You agree that Your Information and the items you offer for trade on 360pu:
a. will not be fraudulent or involve the sale of counterfeit or stolen items;
b. will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy (See our Copyright Policy for more information);
c. will not violate any law, statute, ordinance or regulation (including without limitation those governing export control, trade quotas, consumer protection, unfair competition, anti-discrimination or false advertising);
d. will not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
e. will not be obscene or contain child pornography;
f. will not contain any viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
g. will not link directly or indirectly to or include descriptions of goods or services that: (i) are prohibited under this Agreement; or (ii) you do not have a right to link to or include. You also agree not to use the Service (h) in connection with chain letters, junk e-mail, spamming or any duplicative or unsolicited messages, (i) to collect e-mail addresses and other information about others without their consent or (j) to create false e-mail addresses or otherwise attempt to mislead others as to the identity of the sender or the origin of a message.
6
The License You Grant To Us
You grant to us the non-exclusive, worldwide, perpetual, royalty-free right (with the right to sublicense through multiple tiers) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display (in whole or in part) Your Information, and/or to incorporate Your Information in other works in any form, media, or technology now known or later developed.
7
Privacy
Notwithstanding the license in paragraph 6, 360pu will only use Your Information in accordance with our Privacy Statement. The complete terms of our Privacy Statement are part of this Agreement so you should read it. Please note that when you voluntarily disclose Your Information in 360pu's trading areas, that information can be collected and used by others.
8
The Trading Process
8.1 Listing An Item
Listings are text descriptions, graphics and/or pictures on 360pu's web site supplied by you that either: (a) describe an item you have that you want to trade, or (b) describe an item you are looking for. You may post either or both of these listing types of listings on 360pu's site, provided that you place such listings in an appropriate category. 360pu is not responsible for the accuracy or content of listings (including any translations thereof).
8.2 Negotiating A Trade
Traders on 360pu negotiate with each other through the process of formulating offers and counteroffers. Acceptance of an offer or counteroffer by all parties constitutes an obligation for 360pu users involved to complete the transaction. Acceptances and Offers are not retractable except in exceptional circumstances such as a user materially changing the description of the item after your offer was made or clear typographical errors, or when you can not authenticate the identity of a user involved in the trade. 360pu is not responsible for the accuracy of, or any error or omission in, any information contained in any Request for Quote, Purchase Order, Quote or other online document that is part of the "My Trade Activity" feature.
8.3 Handling Trading Disputes
We do not and cannot be involved in dealings between traders. In the event that you have a dispute with one or more users or third-party service providers whose services you obtain through our web site, you release 360pu (and our agents and employees) from any claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code _1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
8.4 Use Common Sense
We cannot nor do we try to control the information provided by other users which is made available through the Service. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using our site.
The Trading System
9.1 No Trade Manipulation
You agree to not use a shill (a secondary account or third party) to manipulate the outcome of a negotiation with another trader.
9.2 System Integrity
You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the 360pu.net site or any trade being conducted on our site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose.
9.3 Feedback
You may not take any actions which may undermine the integrity of the feedback system (e.g., "Member Tag"), such as: leaving positive feedback for yourself using secondary Member IDs or third parties; leaving negative feedback for other users using secondary member IDs or third parties (feedback bombing); or leaving negative feedback if a user fails to perform some action that is outside the scope of the trade (feedback extortion).
9.4 No Commercial Exploitation
You agree that you may not commercially exploit any information, including but not limited to, copying (through robot, spider, any other automatic device or manual process) any information displayed, on the 360pu web site without prior written authorization from an authorized officer of 360pu.
10
Termination
You agree that 360pu, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard Your Information within the Service, for any reason, including without limitation, if 360pu believes that you have violated or acted inconsistently with the letter and spirit of the Agreement. 360pu may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that 360pu may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that 360pu shall not be liable to you or any third party for any termination of your access to the Service. Paragraphs 12, 13, 14, and 22 shall survive any termination of this Agreement.
What Happens if You Break the Rules
Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership, any of your current listings, and any other information you place on the site if (i) you breach this Agreement, (ii) we are unable to verify or authenticate any information you provide to us or (iii) we believe that your actions may cause legal liability for you, our users, third-party service providers whose services are provided through our web site or us. Without limiting any other remedies, 360pu may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.
12
The Service is Provided "As Is"
We will try very hard to make your experience with 360pu enjoyable. Unfortunately, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data or other service interruptions. For this reason, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 360pu EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 360pu MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 360pu OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
12.1 Any Samples Ordered through Sample House Are "As Is."
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY SAMPLES ORDERED AND DELIVERED ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOU AGREE THAT YOU USE THOSE SAMPLES AT YOUR OWN RISK. 360pu EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO ANY SUCH SAMPLES.
5.2 Note
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from jurisdiction to jurisdiction.
Limit of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT 360pu SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 360pu HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, SAMPLES, DATA, INFORMATION OR SERVICES PURCHASES OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE HOWEVER ARISING, INCLUDING NEGLIGENCE.
Note: Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.
14
Indemnity
You agree to indemnify and hold 360pu and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand (including reasonable legal expenses and the expenses of other professionals) made by a third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
15
Compliance With Laws
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Service and your bidding on, listing, purchase and sale of items, including, but not limited to, complying with all applicable laws regarding the transmission of technical data exported from any applicable country.
No Agency
You and 360pu are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
17
Advertising & Financial Services
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that 360pu shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. If you intend to create or join any service, receive or request any news messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please be advised 360pu shall not be responsible nor liable for the accuracy, usefulness or availability of any such information transmitted via the Service, and shall not be responsible nor liable for any trading or investment decisions made based on such information.
18
Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because 360pu has no control over such sites and resources, you acknowledge and agree that 360pu is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that 360pu shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
19
Notices
Except as explicitly stated otherwise, any notices shall be given by email to (in the case of 360pu) or to the email address you provide to 360pu during the registration process (in your case), or such other address as the party shall specify. Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to 360pu during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
20
Force Majeure
360pu shall not be liable to you for delays or failures in performance resulting from causes beyond our reasonable control, including, but not limited to, acts of God, labor disputes or disturbances, material shortages or rationing, riots, acts of war, governmental regulations, communication or utility failures, or casualties.
21
Assignment
360pu may assign this Agreement.
22
Miscellaneous
The Agreement constitutes the entire Agreement between you and 360pu and governs your use of the Service, superseding any prior written or oral Agreements between you and 360pu. The Agreement shall be governed in all respects by the laws of the State of California without regard to its conflict of law provisions. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
23
Arbitration
Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Jose, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or 360pu may seek any interim or preliminary relief from a court of competent jurisdiction in San Jose, California necessary to protect the rights or property of you or 360pu pending the completion of arbitration.