TERMS OF USE FOR DIPLOMAT CORPORATION
WEB SITE.
WELCOME TO DIPLOMAT CORPORATION'S WEB SITE.
1. Welcome. We are delighted to welcome you to the web
site (the "Site") of Diplomat corporation ("Diplomat").
Please understand that this Site is offered to you, the user, conditioned
upon your acceptance of the terms and conditions set forth in this agreement
(the "Agreement"). By using this Site, you are accepting this
Agreement in its entirety. If you do not agree to these terms and conditions
of use, please do not use this Site. From time to time, when you use particular
Diplomat services or buy Diplomat products on this Site, you will come
upon additional guidelines, rules, and policies applicable to such services
or products which may be posted from time to time. All such guidelines,
rules, and policies are hereby incorporated by reference and will apply
to your use of this Site. We ask you to take the time to read this Agreement
carefully. The terms and conditions of this Agreement may be amended from
time to time by Diplomat by posting such change at the Site. Use by you
after a change to these terms and conditions has been so posted by Diplomat
shall constitute acceptance by you of such changed terms. If you do not
wish to accept such changes, please do not use this Site.
2. Use Limitations. Diplomat prepared this Site for
your personal and non-commercial use. Please do not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, or create derivative
works from information or material on this Site, except as follows: You
may download and make one copy of the content and other downloadable items
displayed on this Site for personal, noncommercial use only, provided
that you maintain all copyright and other notices contained in such content.
Copying or storing of any content for other than personal, noncommercial
use is not permitted.
3. Notices. Diplomat owns the compilation copyright
to this Site. ? Diplomat, Inc. 2005 All rights reserved. Diplomat? is
a registered trademark of Diplomat Corporation.
4. Liability Disclaimer. The information and other material
published on this Site may include inaccuracies or typographical errors.
Changes are periodically made to the information contained herein. Diplomat
reserves the right to change the Site at any time, in its discretion.
Diplomat does not warrant that the functions contained in the Site or
any materials or content contained therein will be uninterrupted or error
free, that defects will be corrected, or that the Site or the server that
makes it available is free of viruses or other harmful components. Diplomat
and its subsidiaries and affiliates shall not be liable for the use of
the Site, including, without limitation, the content and any errors contained
therein.
5. No unlawful or prohibited use. Please note that we
require of you, as a condition of your use of this Site, that you will
not use this Site or post any information or material on this Site, for
any purpose or in any manner that is unlawful, violates any third party's
rights, or is prohibited by these terms, conditions and notices. You understand
that Diplomat may suspend or terminate your access to its site in its
discretion if you violate this provision or any other provision of these
Terms of Use and may also delete all or any portion of any material you
post.
6. Links to third party sites. This Site may contain
links to sites operated by third parties. Such links are provided fo r
your reference and convenience only. Diplomat is not responsible for the
content, products, services, statements or privacy policies in, offered,
made or asserted in such sites. The mere inclusion of such links within
this Site does not constitute any endorsement of the material on such
Sites or any association with their operators. Diplomat reserves the right
to de-link from any and all third party sites at any time. Third parties
wishing to link to this Site should do so only to the Site's home page.
No use of Diplomat's trademark may be made in connection with such link
without Diplomat's approval and Diplomat reserves the right to bar such
link at any time.
7. This Site is not for children under thirteen years of age.
8. On-line ordering of services and goods only in China.
Diplomat may from time to time offer you the opportunity to purchase certain
services and products through the Site. Such purchases are subject to
certain terms and conditions which appear when you elect to purchase such
goods and services, in addition to those set forth otherwise in these
Terms of Use. Diplomat will not ship products or provide services to those
located outside of the Territory, in jurisdictions that do not permit
the application of these Terms of Use or to locations in which the shipment
or provision of such products or services would be prohibited.
9. Monitoring. In order to better serve you, Diplomat
may monitor your use of this Site, subject to the terms of Diplomat's
privacy policy, referenced below. In the event Diplomat becomes aware
of any material on the Site, whether provided by you or otherwise, that
is potentially infringing, defamatory, a violation of law or a person
or entity's rights, or otherwise problematic in Diplomat's discretion,
Diplomat may remove such material without any liability to you whatsoever.
10. Use of information and suggestions provided by you regarding
this Site. In the event you provide to Diplomat or post any material,
information, suggestions or comments on or through the Site about the
Site, the way in which Diplomat conducts its business, or the operation
of the Site, Diplomat reserves the right to use such material, information,
suggestions or comments in its discretion, with no compensation or credit
to you. You hereby grant to Diplomat a nonexclusive, perpetual, worldwide,
royalty free license to utilize and publish such information and material,
in whole or in part. However, use by Diplomat of information by which
you may be identified (such as your name, address, social security number
and telephone number), will be governed by Diplomat's Privacy Policy,
discussed below.
11. Use of your suggestions to Diplomat regarding new products,
features or processes. Diplomat, as a company that is always
in the process of developing new products, product features, and processes,
has an established invention submission policy. Most of the suggestions
and ideas regarding new products, product features and processes Diplomat
receives from the public duplicate ideas Diplomat has already developed
or is in the process of developing. To avoid undue disappointment and
misunderstandings, Diplomat has a strict policy of not accepting suggestions
and ideas regarding potential products, product features or processes
from persons outside the company for review and consideration unless such
persons agree to certain terms. Therefore, do not send any submissions
to Diplomat unless you agree to the following terms: (a) A submission
will not in any way establish a confidential relationship nor will it
place Diplomat in the position of receiving a submission in trust; and
Diplomat shall not be obligated and makes no commitment to treat or maintain
as confidential such submissions. (b) Diplomat shall have the right to
retain any material submitted to it, to make copies thereof and to retain
the same in its files. (c) No obligation is assumed by Diplomat or may
be implied by the receipt or examination of the submission unless or until
a formal written agreement signed by Diplomat and by you, and then Diplomat's
obligations shall be only as expressed in that written agreement.
12. Changes in Site. Please be aware, that, like all
Internet sites, this Site is a work in progress. Therefore, Diplomat may
change, suspend or discontinue any aspect of the Site at any time, including
the availability of any Site feature, database or content. Diplomat may
also impose limits on certain features and services or restrict your access
to parts or all of the Site without notice or liability.
13. Your representations and warranties. You represent,
warrant and covenant that:
(a) you shall not upload from, post or transmit to, or distribute or otherwise
publish through the Site any materials which (I) restrict or inhibit any
other user from using the Site, (ii) are unlawful, threatening, abusive,
libelous, defamatory, obscene, vulgar, offensive, pornographic, profane,
sexually explicit or indecent, (iii) constitute or encourage conduct that
would constitute a criminal offense, give rise to civil liability or otherwise
violate law, (iv) violate, plagiarize or infringe the rights of third
parties including, without limitation, copyright, trademark, patent, rights
of privacy or publicity or any other right, (v) contain a virus or other
harmful component, (vi) contain advertising of any kind, (vii) are false
regarding you, or (vii) constitute or contain false or misleading indications
of origin or statements of fact;
(b) all information you provide about yourself shall be true and accurate;
(c) you are at least 18 years old (or are using this Site with the permission
of your parents);
(d) you shall be responsible for all orders placed by you or with your
authorization or by individuals to whom you have given authorization to
use your credit card or similar payment mechanisms; and
(e) when using this Site you will be located within the Territory.
14. Your password. In the event your activity on the
Site requires the use of a password, please keep this password in a safe
place. You agree to keep any password that you may be given during your
use of the Site secret and not to share it with anyone. Should you share
your password with anyone or fail to take reasonable steps to keep it
secure, you shall be responsible for all activity conducted with your
password.
15. Your indemnification. You hereby agree to indemnify,
and hold Diplomat, and all its officers, directors, owners, agents, employees,
affiliates, licensors and licensees (collectively, the "Indemnified
Parties") harmless from and against any and all liability and costs
incurred by the Indemnified Parties in connection with any claim arising
out of any breach or alleged breach by you of this Agreement or the foregoing
representations, warranties and covenants, including, without limitation,
attorneys fees and costs. Diplomat shall have the right to defend, settle
and compromise any such claim with counsel of its own selection. You shall
cooperate as fully as reasonably required in the defense thereof. You
shall not in any event settle any matter without the written consent of
Diplomat.
16. Bulletin Board Use. Diplomat may include a bulletin
board, discussion room, chat room or other similar interactive portion
of the Site ("Bulletin Board") on which you may be encouraged
to post material and information. You understand that your use of the
Bulletin Board is subject to these Terms of Use, including, without limitation
your warranties, representations and obligations of indemnification set
forth herein. Diplomat reserves the right but does not assume any obligation
to refuse to permit material to be posted, to edit, remove and use any
information on the Bulletin Board in its discretion and you waive any
claim against Diplomat in connection therewith. Any information you post
on such Bulletin Board may be viewed by other users and thus we at Diplomat
strongly recommend that you use prudence and caution in selecting the
information and material you post, including, without limitation, material
about yourself and others or information that identifies you or others.
You agree not to use the personal information of other users of the Site,
whether or not posted on the Bulletin Board, other than for the purpose
for which such information was provided to you by such user, but in any
case for no unlawful or offensive purpose.
17. Questions, Complaints, Comments or Service Contact.
(a) Technical Questions. If you have any questions about this Site, or
if you have technical problems in accessing information on our Site, please
contact: webmaster@Diplomat.com.
(b) Concerns about possible infringement or inappropriate conduct or content
on the Site. If you believe that certain software, information or other
content on the Site violates your rights or the rights of others, or if
you believe that another user is violating the terms of this Agreement,
please feel free to contact us. We do not commit to following up or resolving
your concerns, but may do so in our discretion.
(c) If you believe that material on the Site infringes your copyright,
please contact Diplomat's Copyright Agent below with the following information:
(i) an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed,
including the URL (Web page address) of the location where the copyrighted
work exists or a copy of the copyrighted work;
(iii) identification of the URL or other specific location on the Site
where the material that you claim is infringing is located;
(iv) your address, telephone number and email address;
(v) a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent or the law;
(vi) a statement by you, made under penalty of perjury, that the information
you have provided is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
18. Termination.
(a) Termination by Diplomat. Diplomat may at any time, without prior notice
and at its sole discretion, terminate this Agreement, in whole or in part,
with or without cause and with no obligation of prior notice to you.
(b) Your remedy. You may terminate this Agreement at any time by ceasing
to use the Site. Your sole remedy against Diplomat in the event of dispute
arising out of this Agreement, the Site or your use thereof, is to terminate
this Agreement.
(c) Your Data. In the event of termination of this Agreement, Diplomat
may delete and/or store in its discretion, data associated with your use
of the Site.
19. Assignment. Your rights and obligations under this
Agreement and in using the Site are not assignable.
20. Governing Law. This Agreement is governed by the
internal laws of China applicable to agreements entered into and wholly
to be performed therein without giving affect to its principles of conflicts
of laws. You hereby agree that any claim by you (or those claiming through
you) arising out of your use of this Site or material appearing on this
Site, shall be resolved by binding arbitration conducted in China and
shall be arbitrated on an individual basis (and not consolidated with
any claim of any other party). Arbitration shall be conducted under the
rules of China provided that notwithstanding any rules therein, no claim
shall be consolidated with the claim of any other party. Use of this Site
is unauthorized in any jurisdiction that does not give effect to all provisions
of these Terms of Use, including, without limitation, this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship
exists between you and Diplomat as a result of this Agreement or your
use of the Site.
21. Legal Process. This Agreement is subject to existing
laws and legal process. Nothing in this Agreement shall derogate Diplomat's
right to comply with law enforcement requests or requirements relating
to your use of this Site or information provided to or gathered by Diplomat
with respect to such use.
22. Invalidity. If any part of this Agreement is determined
to be invalid or unenforceable pursuant to applicable law including, but
not limited to, the warranty disclaimers and liability limitations set
forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the Agreement
shall continue in effect.
23. Entire Agreement. This Agreement contains the entire
agreement between you and Diplomat with respect to this Site. It supersedes
all prior or contemporaneous communications and proposals, whether electronic,
oral or written, between the user and Diplomat with respect to this Site.
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