Effective as of March 1, 2012
Thank you for visiting the Puzhen.com Website (the "Website"). The words “user,” “you,” “your,” and “Customer” as used in this agreement refer to users of the Website and/or other persons who access the Website. Please review the following disclosures and terms that govern your use of the Website (the "Agreement"). The Website is owned and operated by Puzhen Life USA LLC ("Puzhen”). As used in this Agreement, the words “we,” “us,” and “our” refer to Puzhen.
BY ACCESSING, BROWSING OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT:
IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE ACKNOWLEDGEMENT SET FORTH IN PARAGRAPHS 1-4 ABOVE, THEN DO NOT BROWSE OR USE THE WEBSITE, AND, MOREOVER, PUZHEN DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE THE WEBSITE WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE PRECEDING ACKNOWLEDGEMENT.
The Terms may be changed without notice to you. You are responsible for confirming such changes if they are available on the Website. However, if a product is ordered before such change in Terms is made available on the Website, the former terms and conditions will apply.
1. PERSONAL INFORMATION
2. CREATING AN ACCOUNT
It is the responsibility of the Customer to provide an accurate e-mail address, physical address for product delivery, billing address, and telephone number. Incorrect information provided to Puzhen may lead to a delay or non-delivery of the product. Puzhen retains sole and absolute discretion to refuse to allow an account to be established, to terminate an account, to remove or edit content where the account has not been maintained in accordance with these Terms. You are responsible for the confidentiality of your account password. Your password and account details are stored on a secure server for ease of use in processing future orders or for warranty claims. The information is only used to process your orders, for statistical purposes that may improve our website and its services, and to allow us to notify you of special offers or new products via our newsletters. Please refer to our Privacy Statement on this website. No credit card details are stored by us.
3. ORDERING PRODUCT
You can place an order only by clicking the "Add to Cart" button. When you place an order with us, you have made a legally binding offer to purchase the product of your choice. When we issue an invoice to you, we have accepted your offer. Both offer and acceptance are based on these Terms. We will the issue you an “Order Confirmation Number” via e-mail after we have received your offer to purchase. In order to prevent credit card or payment fraud your offer can only be accepted by us after it has passed our validation procedures. We retain sole discretion to cancel your order if we determine or identify any evidence of fraud or other misrepresentation. If for any reason we cannot process or accept your order after payment is received, we will contact you by e-mail or telephone to determine your preferences and requirements for the reimbursement of any funds paid. The Terms, together with your order, constitutes the entire contract between you and Puzhen for the supply of products. No other terms will apply, except where terms may be implied by law. The Terms may not be varied, unless agreed to by us, in writing.
You will be provided with an estimated delivery time when you have completed placing your order. Orders will be processed after receipt of payment. Estimated delivery times are in business days, Monday through Friday, excluding public holidays. Normal delivery is between three (3) to thirty-two (32) business days from the date payment of your order has been processed; for US ground shipping, it would take around 3 - 6 business days. Actual delivery times may vary depending on numerous factors, including availability of the product and destination. Our products are available for shipment, globally, with the exception of mainland China. Import duties, shipping and handling charges, and applicable taxes are payable by you unless Puzhen indicates otherwise. Additional shipping fees may apply for orders sent outside of the United States and Canada. Please visit the “My Account” section on the Website to view the delivery status of your product. We send products to the delivery address provided by the Customer. However, we are not responsible for any damage or loss of the product after we have delivered the product to the shipping company.
5. PRICING AND PAYMENT TERMS
The retail price and other costs for each product are shown in United States Dollars. The retail price for each product is the price that you are obligated to pay when you place an order with us. Unless indicated otherwise,
Unless indicated otherwise, you must also pay all associated shipping costs to ship the product to your designated delivery address. The final purchase price, which includes shipping costs and tax, as applicable, is displayed in the checkout page. Depending on the law in the country of delivery the products purchased by the Customer may be subject to tax or import duty. Import duties, taxes and charges are not included in the item price or shipping charges. These charges are the buyer responsibility. We are not responsible for paying any such tax or import duty and are unable to define or pre-collect any such taxes or duties. If you have any questions regarding the applicability of tax or import duty on any purchase from the Website, you should contact the appropriate local customs office to determine what these additional costs will be prior to making a purchase and placing an order. We will not declare that any purchased products are a gift or have a lower value than the retail price.
We always seek to provide products at the most competitive prices and because of the dynamic nature of this industry (e.g. vendor price changes and other variables beyond our control), prices, promotions, versions and availability advertised are subject to change without prior notice and we therefore reserve the right to change prices displayed for products on the Website at any time. We shall make every commercially reasonable effort to ensure the product and pricing accuracy. However, if an error is made or a product is listed at an incorrect price, we shall maintain the right to refuse or cancel any orders placed. If the order has been confirmed and charged to your credit card, we shall immediately issue a refund.
We only accept payment via credit cards and Paypal. Payment will not be processed until we have received all relevant information required for processing to be completed. The processing of payment for orders placed on a weekend or a public holiday will not begin until the next working day. We employ the latest in Secure Sockets Layer (SSL) technology software for transactions with our customers. However, we will not be responsible for any damages, or direct/indirect consequential losses suffered by a Customer whose credit card is fraudulently used or is used in an unauthorized manner.
6. MEDICAL DISCLAIMER
The products and/or services offered on the Website are not intended to diagnose, treat, cure or prevent any disease. Any information and/or products provided on or through this Website is for informational purposes only and is not intended to replace medical advice or licensed and professional treatment for any medical condition. Puzhen cannot itself verify the findings and materials which may be produced by third-parties and may be included within this website. We encourage you to consult a healthcare professional if you have any concerns about your health, are starting any health or nutritional related treatment, or for any questions you may have regarding your own or any other party's medical condition.
7. ORDER CHANGES OR CANCELLATIONS
As we strive to process orders quickly, there is only a brief period of time during which you may change or cancel an order. Specifically, all cancelation requests must be received within two (2) calendar days of purchase. All orders are automatically processed in our secure merchant facility and this process incurs irreversible fees. If you wish to cancel an order, a full refund will be issued, minus any transaction and/or other applicable fees incurred by Puzhen due to the cancellation of your order. If you should make a mistake when ordering, please contact us immediately and if your order has not yet been dispatched we will try to accommodate your request.
8. RETURNS AND EXCHANGES
You must carefully inspect the product as soon as it is delivered to you and notify us immediately if you notice any problems with the product, such as damage or delivery of a different product. Puzhen will not accept the return of a product without prior written approval from our Customer Service Team at firstname.lastname@example.org. If the product delivered is different from the product ordered, or the product is defective, or you do not like the product, you may return such product, subject to the following conditions, by simply calling our Customer Care Team at 212-672-1905 or emailing email@example.com to report your claim and/or receive your refund and return instructions. Grocery items such as Tea items cannot be returned; For all other returned or exchanged items, a 30% restocking fee is applied.
You have up to thirty (30) calendar-days from the date the product was shipped to you to receive your refund. In order to be eligible for warranty service, you must register your product in your account and return the warranty registration card within thirty (30) days of receipt of the product. Where possible, the product should be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that was delivered with the product. If qualified, your purchase price will be refunded, less shipping and handling fees. We reserve the right to test any returned product and to ask you to demonstrate that the problem with the product did not originate with us. After the product has been returned a final decision on granting the claim will be made by Customer Service.
Where a repair or replacement is agreed to after a warranty claim is granted, the repair or replacement will be delivered to you at our expense after we have received your returned product. Puzhen will replace any defective or malfunctioning part at no charge, however you must pay any delivery charges. Where a warranty claim is granted any refund will include all delivery and related costs for the product. Where a non-warranty claim is granted, the replacement will be delivered to you at your expense. Where a non-warranty claim is granted, any refund will be for the cost of the goods only and will exclude all related costs.
No refund or replacement will be given until we have received the product from you. Refunds will be issued by check or PayPal. Orders not delivered due to our error or orders lost in transit will be re-shipped at no additional charge. Orders not delivered due to customer error will be re-shipped at your expense. Please contact our Customer Care Team at firstname.lastname@example.org for all returns and refunds. Our Customer Care Team will give you a Return Merchandise Authorization (“RMA”) number and return shipping instructions. Unless a warranty claim is granted, you are responsible for return shipping costs.
Address the return package to: Puzhen Life USA LLC, 245 Park Avenue, 24 Floor, New York, New York 10167. We will not accept or issue a refund for any packages marked return to sender or refused. If you return a package, we recommend that you get proof of shipment, issued to your credit card. After the shipping department receives your return, it generally takes 3-5 business day to process your refund. Once a return is processed, it can take up to one billing cycle for this return to be posted to your account, depending on your financial institution.
You agree by accessing, browsing or otherwise using the Website, the Website and the Content are and remain the sole property of Puzhen or third-party providers, as applicable. Except as expressly permitted by Puzhen in writing, you agree that your license to access, browse and/or use the Website and the Content is limited solely to a personal, revocable, nonexclusive, non-transferable license to (i) access and view the Website and the Content, and (ii) copy, download and store the Content (e.g., in a temporary cache) to enable printing and/or offline viewing of such Content solely for your non-commercial use and not for resale or distribution to anyone else.
Further, you shall not use any keywords, metatags, meta elements, “hidden text” or other equivalents using the names “Puzhen”, “www.Puzhen.com,” “Puzhen.com,” or any other colorable equivalent without the prior written authorization of Puzhen.
We have extensive security measures in place to protect the loss, misuse and alteration of the information stored in our database. We will exercise reasonable care in providing secure transmission of information between your computer and our servers, but given that no information transmitted over the Internet can be guaranteed 100% secure, we cannot ensure or warrant the security of any information transmitted to us over the Internet and hence accept no liability for any unintentional disclosure.
Puzhen may at any time display third-party advertisements, embedded and non-embedded hyperlinks, referral buttons, and other pointers to other Internet websites. Such other websites contain information created, published, maintained, or otherwise posted by organizations not related to and otherwise independent of Puzhen. Puzhen does not endorse, approve, certify, maintain, or control these other websites and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses.
You acknowledge and agree that Puzhen shall not be liable for any damages or injury resulting or arising from the content of or access to such other websites. There may be circumstances where access to the Website is provided by a hypertext link located at another website. Puzhen has no responsibility for the content of such other website, Puzhen does not make any representations or give any warranties or conditions with respect to any information contained in or at such other website and you acknowledge and agree that Puzhen shall not be liable for any damages or injury resulting or arising from the content of or access to such other website.
Puzhen does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to the Website. Unless approved in writing in advance by Puzhen, you agree not to: (a) provide or create a link to the Website; or (b) create any frames at any other sites pertaining to any of the Content located at the Website. You also agree not to post any materials at the Website without the express written permission of Puzhen.
13. INTELLECTUAL PROPERTY
All right, title and interest in and to the Content, including without limitation the graphical display and arrangement of the Website and the Content, and all intellectual property rights embodied therein, are the property of Puzhen or its licensors or suppliers. The Website and the Content contained and referenced therein are for informational purposes only. Any reproduction, retransmission or other use is strictly prohibited, except as otherwise provided by these Terms or by Puzhen’s express authorization. Requests for permission to reproduce any of the Content may be made by sending an e-mail to email@example.com.
“Puzhen” is a trademark (individually and collectively, the “the Puzhen Trademark”) owned by Puzhen Life USA LLC. All other trademarks, service marks, domain names, logos, and company names (collectively “Other Trademarks”) displayed or referred to on the Website are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of Puzhen or their respective owners. Except as provided in these Terms, Puzhen does not grant you any rights in or to the Puzhen Trademark or the Other Trademarks.
You agree that you shall not use the Puzhen Trademark or the Other Trademarks in any manner inconsistent with the provisions of these Terms, without the prior written authorization of Puzhen or the respective owners of the Other Trademarks as the case may be. Requests to use the Puzhen Trademark or other Puzhen trademarks for purposes other than stated in these Terms may be made by sending an e-mail to firstname.lastname@example.org.
14. USE OF THE WEBSITE
Without limiting anything else contained in this Agreement, you agree and acknowledge that: The Content and databases used to store the Content (“Databases”) and any other information contained therein are valuable intellectual property owned by or licensed to Puzhen, and that no proprietary rights therein are being transferred to you by these Terms; You will not, directly or indirectly:
(a) Use any of the Content, Databases and any other information contained therein for any purposes other than your personal, non-commercial use;
(b) Use the Content, Databases and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom;
(c) Use the Content, Databases and any other information contained therein in violation of any applicable laws or regulations,
(d) Publish or distribute in any medium Content, Databases and any other information contained therein, and/or summaries or subsets thereof to any person or entity;
(e) Attempt to access or access any other user’s account;
(f) Attempt to obtain or ascertain or obtain or ascertain any other user’s user name, password and/or personal information by any means whatsoever;
(g) Attempt to elude or elude the Website’s security systems;
(h) Attempt to gain access or gain access to the Website in a fraudulent manner;
(i) Use the Website for any purposes other than those intended by Puzhen, as determined by Puzhen in its sole discretion; or
(j) Upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment.
You specifically acknowledge and agree that any and all misappropriation or misuse of the Content, Databases and any other information contained therein will cause irreparable harm to Puzhen and that in such event money damages will not constitute sufficient compensation to Puzhen; consequently, in the event that you, directly or indirectly, misappropriate or misuse of the Content and any other information contained therein, you specifically consent to Puzhen obtaining injunctive relief against you in addition to any other legal or financial remedies to which Puzhen may be entitled. Puzhen reserves the right to modify and/or discontinue the Website at any time, for any reason and without notice, and to terminate your account should you be in violation of these Terms, including but not limited to the provisions of this section entitled “Use of the Website.”
15. NOTICE OF ENFORCEMENT
Puzhen vigorously enforces its intellectual property rights to the fullest extent of the law. Accordingly, Puzhen will prosecute any unauthorized use or reproduction of any of the Content and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.
16. DISCLAIMER OF WARRANTIES
WE WARRANT AND REPRESENT THAT OUR PRODUCTS WILL BE FREE OF DEFECTS IN MATERIAL AND WORKMANSHIP UNDER NORMAL USE. THE LIMITED WARRANTY EXTENDS ONLY TO THE ORIGINAL PURCHASER OF THE PRODUCT. THE DURATION OF THE LIMITED WARRANTY IS FOR A PERIOD OF ONE (1) YEAR COMMENCING FROM THE SHIP DATE TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY (WITHIN THE WARRANTY PERIOD) UNDER THIS WARRANTY WILL BE, AFTER RETURN TO US, REPAIR OR REPLACEMENT OF THE PRODUCT FOR A NEW PRODUCT.
AN ORIGINAL OR COPY OF A SALES RECEIPT FROM THE ORIGINAL RETAILER IS REQUIRED FOR WARRANTY SERVICE. CUSTOMER SHALL PAY EXPENSES FOR SHIPMENT OF RETURNED PRODUCTS TO US. THE LIMITED WARRANTY DOES NOT APPLY TO UNNECESSARY SERVICE CALLS, INCLUDING COSTS FOR IN HOME SERVICE SOLELY FOR THE PURPOSE OF EDUCATING YOU ABOUT THE PRODUCT, A PRODUCT THAT HAS BEEN DAMAGED THROUGH ABUSE OR NEGLIGENCE OR BY ACCIDENT, HAD BEEN ALTERED, HAD BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS OR ABNORMAL ENVIRONMENTAL CONDITIONS, HAD BEEN LOST OR DAMAGED IN TRANSIT, OR HAS NOT BEEN OPERATED, USED, OR MAINTAINED IN A REASONABLE METHOD.
THIS LIMITED WARRANTY DOES NOT COVER PRODUCTS PURCHASED THROUGH ONLINE AUCTION WEBSITES AND ONLINE SALES AUCTION CONFIRMATIONS ARE NOT ACCEPTABLE FOR WARRANTY VERIFICATION. YOU ARE RESPONSIBLE FOR ALL FREIGHT EXPENSES INCURRED AS A RESULT OF RETURNING PRODUCTS THAT ARE DETERMINED BY US TO BE FREE FROM DEFECT, DEFECTIVE AS A RESULT OF ONE OF THE “EXCLUSIONARY” CIRCUMSTANCES. SUCH PRODUCTS SHALL BE SHIPPED BACK TO YOU, AND YOU SHALL BE RESPONSIBLE FOR ASSOCAITED FREIGHT CHARGES.
IF PRODUCTS ARE RETURNED TO YOU, TITLE TO THE PRODUCTS AND RISK OF LOSS SHALL PASS TO YOU AT THE TIME WE DELIVER THE PRODUCT TO THE CARRIER FOR SHIPMENT. THE WARRANTY HEREIN IS SOLE AND EXLUSIVE, AND NO OTHER WARRANTY, WHETHER WRITTEN OR VERBAL, IS EXPRESSED OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
Send your returns to: Puzhen Life, 245 Park Ave., 24 Floor, New York, NY 10167, USA. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to You insofar as they relate to implied warranties.
17. NO WARRANTIES; EXCLUSION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, PUZHEN LIFE USA LLC, ITS RESPECTIVE AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, THE "PUZHEN BUSINESSES") MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED
THE PUZHEN BUSINESSES AND ALL THIRD PARTY CONTENT PROVIDERS OR LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. NEITHER THE PUZHEN BUSINESSES, THEIR AFFILIATES NOR ANY THIRD PARTY CONTENT PROVIDERS OR LICENSORS SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE WEBSITE.
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER THE PUZHEN BUSINESSES OR THEIR AGENTS OR THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE MATERIALS IN THE WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER PUZHEN LIFE USA LLC, NOR ANY OF THEIR AFFILIATES IS LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. WITHOUT LIMITING THE FOREGOING, THE PUZHEN BUSINESSES DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
WITHOUT LIMITING THE FOREGOING, BUT SUBJECT TO THE RETURN POLICY, THE PUZHEN BUSINESSES DISCLAIM ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION. THE PUZHEN BUSINESSES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. PUZHEN’S PERFORMANCE OF THIS AGREEMENT IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED IN THIS AGREEMENT IS IN DEROGATION OF PUZHEN’S RIGHT TO COMPLY WITH LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF THE WEBSITE OR INFORMATION PROVIDED TO OR GATHERED BY PUZHEN WITH RESPECT TO SUCH USE.
18. CORRECTION OF ERRORS AND INACCURACIES
The information on the Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including as to orders of merchandise after you have submitted your order). Please note that if the Website has products for sale, such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you. If you are not fully satisfied with your online purchase from the Website you may return it in accordance with our Return Policy.
19. CONTACTING US/FEEDBACK, POSTINGS AND COMMUNICATIONS
If you have any questions about this Agreement or the Website, please send us an e-mail to email@example.com or write us at: Puzhen Life, 245 Park Ave., 24 Floor, New York, NY 10167, USA, Attn: Customer Service. Although Puzhen will in most circumstances be able to receive your email or other information provided through the Website (including, without limitation, service requests and other submissions), Puzhen does not guarantee that it will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such email or other information. Be aware that Internet email typically is not secure.
20. INDEMNITY AND RELEASE
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PUZHEN AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM:
- YOUR USE OF THE WEBSITE AND ANY OF THE CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE WEBSITE;
- ANY PRODUCTS OR SERVICES YOU OBTAIN BASED, IN WHOLE OR IN PART, ON THE CONTENT AND OTHER INFORMATION VIEWED OR OBTAINED ON, FROM OR THROUGH THE WEBSITE;
- ANY SUBMISSION YOU MAKE OR POST ON THE WEBSITE; AND
- ANY OTHER ACTIVITY BY YOU ON OR IN CONNECTION WITH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER NEGLIGENT, ILLEGAL OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR WEBSITE ACCOUNT.
You are hereby agreeing to release the Website and its parents, subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known, suspected or unsuspected, disclosed or undisclosed, that You may have against them arising out of or in any way related to such disputes and/or to the Website and related products and services.
YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, AND AS INDICATED PREVIOUSLY, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: "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."
21. RELEASE FOR FORCE MAJEURE
You absolve and release Puzhen and its officers, directors, shareholders, employees, agents, content providers, customers and suppliers from any claim of harm resulting from any cause(s) over which Puzhen or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
We will have the right to terminate your access to the Website if we reasonably believe you have breached any of these Terms. Following termination, you will not be permitted to use the Website and we may, in our discretion, cancel any outstanding product and/or service orders. If your access to the Website is terminated, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Website, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider. These Terms will survive indefinitely unless and until we choose to terminate it, regardless of whether any account you open is terminated by you or us or if you have the right to access or use the Website.
Any notice or other document or communication required or permitted hereunder to Puzhen will be deemed to have been duly given only if in writing and delivered by any of the following methods:
- Certified U.S. mail, return receipt requested, postage prepaid, to: Puzhen Life, 245 Park Ave., 24 Floor, New York, NY 10167, USA, Attn: Customer Service,
- E-mail sent to firstname.lastname@example.org.
Notices to Puzhen shall be deemed delivered when actually received by Puzhen’s customer service. Any notice or other document or communication from Puzhen required or permitted hereunder will be sent to the e-mail address that you provide when you register with the Website. Such notice will be deemed received by you the business day after the e-mail is sent. Should you elect to send or receive e-mail communications of any kind to or from Puzhen, you represent and warrant to Puzhen that your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.
24. JURISDICTION; COMPLIANCE WITH LAWS
Except as set forth otherwise herein, Puzhen controls and operates the Website from the United States of America and makes no representation that the Content is appropriate or available for use in other locations. You are responsible for compliance with applicable local laws including, without limitation, all export and import laws. Some of the Content may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo; (b) to anyone in the U.S. Treasury Department’s Specially Designated national list, or (c) to anyone on the U.S. Commerce Department’s Table of Denial Orders.
If you download or use the Content, you represent and warrant that you are not located in, or under the control of, or a national or resident of any such country or on any such list. Access, browsing and use of the Website, the Content and these Terms, and all matters or issues collateral thereto are all governed by United States federal law and/or the laws of the State of New York, without regard to any conflict of laws provisions that would refer to and/or apply the substantive laws of another jurisdiction. The Convention on International Sale of Goods shall not apply to any sale or other transaction made through the Website.
SUBJECT TO THE MANDATORY ARBITRATION PROVISION BELOW, ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE WEBSITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF NEW YORK, U.S.A. YOU AND PUZHEN AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.
Any controversy or dispute between you and Puzhen (the “parties”) concerning the Website, the Content, these Terms and/or all matters or issues collateral thereto shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be governed exclusively by the Federal Arbitration Act, and arbitration shall take place according to the Commercial Rules of the American Arbitration Association. The arbitration will be held in New York, New York. Each of the parties shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties.
The arbitrator shall have no authority to amend or modify the terms of this Agreement or to award punitive or exemplary damages, and the award may be enforced by judgment. Before, during, or after arbitration each party shall have the right, without awaiting the outcome of the arbitration, to seek interim injunctive relief from an appropriate court including but not limited to temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either party’s right to compel arbitration.
No delay or omission by Puzhen to exercise any right occurring upon any noncompliance on your part with respect to any of the terms of these Terms will impair any such right or power or be construed to be a waiver thereof. Any waiver by Puzhen of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.
27. WAIVER OF CLASS ACTION RIGHTS
BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY.
If any portion of these Terms is adjudged invalid or unenforceable by an arbitrator or a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect.
29. INDEPENDENT CONTRACTOR
Puzhen is an independent contractor; nothing in these Terms shall be construed to create a partnership, joint venture, or agency relationship between you and Puzhen.
30. CONTINUED USE DEEMED ACCEPTANCE
Puzhen reserves the right, at its sole discretion, to change, alter, amend or otherwise modify these Terms from time to time. After any such modification becomes effective, Puzhen will deem your continued use of the Website or any of the Content to constitute your acceptance of and agreement to such modification.
31. ENTIRE AGREEMENT
© 2012 Puzhen Life USA LLC. All Rights Reserved.