Effective Date May 9th, 2020
This website is operated by DeepCool ("Company," "we," "us," or "our"), through our website deepcool.com ("Website"), offers (collectively, "Products and Services"), and from time to time may offer other products or services, for sale. Company offers Products and Services for sale subject to these Terms and Conditions of Use (the "Terms"), which may be updated by us from time to time.
By accessing our Website and/or using our Products and Services in any way, you are agreeing to comply with and be bound by these Terms. In addition, when using our Website, you agree to abide by any posted guidelines for all of our Products and Services, which may change from time to time, and to comply with all applicable laws, regulations and rules. If you do not agree to any of these Terms, any guidelines, or any subsequent modifications, or if you become dissatisfied with the Website or our Products and Services, you should immediately discontinue use of the Website. These Terms remain in force and effect as long as you are a user of the Website and/or a registered user. In the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms, including any indemnifications, warranties and limitations of liability. You should periodically review these Terms. Company reserves the right, at any time, to change the Terms by publishing revised terms on the Website. Any use of the Website and/or our Products and Services by you after our publication of any such changes shall constitute your acceptance of these Terms, as modified, with regard to any additional use of the Website or additional purchase of Products and Services. You agree that Company is permitted to access and use any other information provided by you to provide Products and Services and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the Products and Services we provided to you.
If you do not agree to these terms, do not use this website.
Risk & Special Notices
You expressly acknowledge and agree that your access to and use of the services, including but not limited to any software, is at your sole risk. Company does not warrant that the use or operation of the software of the services will be uninterrupted or error free. Without limiting the generality of the foregoing, you agree that you use or access all software at your own risk and we are not responsible for any damage to your user system or loss of data that may result from use of any software provided by DeepCool.
No Warranty
DeepCool provides the services, including but not limited to any software, on an as is and as available basis. This means you use all software and services at your own risk and discretion and the software and services don’t come with any warranty - neither express, nor implied warranties of any kind, including no implied warranty of merchantability, fitness for a particular purpose, availability, security title or non-infringement. Any support or assistance with respect to the services or software is also provided as is and without warranties or representations of any kind, whether express or implied.
Limitation of Liability
We won’t be liable to you for any damages that arise from your using the services. This limitation includes if the services are hacked or unavailable and it includes all types of damages (indirect, consequential, special or exemplary). The limitation also includes all kinds of legal claims, such as breach of contract, breach of warranty, tort or any other loss. Some jurisdictions may not allow a limitation of liability or exclusion of certain warranties or disclaimers. To the extent that the limitation of liability set forth in this section is prohibited or fails of its essential purpose, you agree that company’s legal liability, including the liability of its affiliates, officers, directors, shareholders, employees or agents, for any claim made by you arising out of your use of the website or purchase of products or services offered thereon shall be limited to the amount you paid to company.
No Reliance and Disclaimer Materiality
Nothing stated by any DeepCool agent, affiliate, supplier or in any other documentation or material for any software or services shall grant any warranty protection beyond the scope of this paragraph. You agree that all sections, clauses and elements contained in the Terms that limit liability and disclaim warranties are material and essential terms of the Terms and that DeepCool would not grant you the rights granted in these Terms without your agreement to so limit liability and disclaim warranties.
Access to the Website and Restrictions on Your Use
Company grants you a limited, revocable, nonexclusive, non-transferable license to access our Website and use our Products and Services for your own personal use only. You may not download or modify any portion of the Website except as expressly permitted by Company. No Materials (as defined hereinbelow) from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express, written permission. Violation of these Terms results in the automatic termination, without notice, of your license to access the Website and also may constitute the infringement of Company's copyright, trademark and/or other rights. You agree not to access or try to access any computer system of Company, its programs or its data that are not made available for public use. Except as expressly stated herein, you are not granted any right or license, by implication, estoppel, or otherwise, in or to any patent, trademark, copyright, or proprietary right of Company or any third party, in connection with your use of the Website and any Materials provided by Company or any third party on the Website. Elements of the Website, including custom graphics, images, logos, page headers, sounds, button icons, and the "look and feel" of the Website (including its design, layout, color combinations, button shapes and other graphical elements) are protected by copyright, trade dress and Laws of the People's Republic of China and may not be copied or imitated, in whole or in part.
You agree that you will not do any of the following:
a. Use any data mining, robots, spiders, or similar data-gathering and extraction methods within the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents.
b. Circumvent, disable or interfere with the security of the Website or features that prevent, limit or restrict use or copying of the Website or any Materials.
c. Copy, reproduce, republish, upload, post, transmit, or distribute in any way any Materials, in whole or in part, without our written permission, other than as expressly allowed by us.
Transmit any software or other materials containing viruses, worms, Trojan horses, defects, date bombs, time bombs or other destructive or harmful items.
d. Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or attempt to derive any source code or underlying ideas or algorithms on the Website.
e. Do anything that imposes or may impose, in our sole judgment, an unreasonable or disproportionately large load on our (or our third-party providers') infrastructure.
f. "Frame" or "mirror" the Website or any part.
g. Use the Website or any Materials for any unlawful purpose.
h. Spam or flood.
i. Resell or make commercial use of the Website or Materials; or (b) make any derivative use of the Website or Materials.
Privacy Policy
Company's Privacy Policy, as displayed on our Website, is part of these Terms. Please read it, because you are agreeing that it applies to our collection and use of information from you.
Purchasing Items Featured on our Website
Company takes reasonable precautions to try to ensure that any prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible. However, when ordering Products or Services featured on the Website, please note that the Company does not warrant that product and service descriptions are accurate, complete, reliable, current, or error-free. If a Product or Service described on the Website is not as described when you receive or use it, you should contact our customer service department at support05@deepcool.com.
Pricing Errors and Omissions
Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Website and if errors are discovered, we correct them. Be advised that the Company reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your bank account has been charged.
Cancellation and Refund Policy
All sales are Final. All after sales issues will be dealt with according to Company’s after sales service policy.
Modification or Suspension of the Website
You agree that Company, in its sole discretion, may make, and at any time, modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you, and you agree that we will not be liable for the consequences of doing so.
Content Disclaimer
The company and its owners, principals, representatives and agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, products, services, or materials on the website. While the company strives to keep the information on the website and on the featured products and services accurate, complete, and up-to-date, we cannot guarantee, and will not be responsible for, any damage or loss related to the accuracy, completeness, or timeliness of the information on the website and in products and services featured on the website.
Your use of the website is subject to any additional disclaimers and caveats that may appear throughout the website and with products and services featured by us.
Disclaimer of Warranties with Respect to Use of Website and Products and Services
The website and all products and services featured on it are provided on an "As is" And "As available" Basis. Except as specifically provided herein, to the fullest extent permissible pursuant to applicable law, the company expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose and non-infringement.
While the company uses reasonable efforts to include accurate and up to date information on the website, the company does not make any warranty that the website will meet your requirements, or that access to the website will be uninterrupted, timely, secure or error-free, or that defects, if any, will be corrected. The company makes no warranties as to the results that may be obtained from the use of the website or the products and services featured thereon, or as to the accuracy, quality, or reliability of any information obtained through the website.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the website is used at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
No advice or information, whether oral or written, obtained by you from the company or through the website shall create any warranty not expressly made herein.
Limitations of Liability and Damages
You agree that company’s legal liability, including the liability of its affiliates, officers, directors, shareholders, employees or agents, for any claim made by you arising out of your use of the website or purchase of products or services offered thereon shall be limited to the amount you paid to company, except as provided in the arbitration agreement below. Under no circumstances will special, incidental, consequential or punitive damages be awarded, even if we have been advised of the possibility of such damages.
Compliance with Laws
You agree to comply with all applicable Laws of the People's Republic of China, regulations, rules and ordinances regarding your use of the Website, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.
Indemnity
You agree to defend, indemnify and hold Company, its affiliates, officers, subsidiaries, successors, assigns, directors, agents, service providers, attorneys, suppliers and employees, harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of your use of the Website or our Products and Services, your violation of the Terms, or your breach of any of your acknowledgements, agreements, representations, warranties and obligations herein.
You acknowledge that company has set its prices and has provided access to the website in reliance on these limitations of liability and damages and the indemnity in these terms, and that those limitations are an essential basis upon which company provides its website and offers its products and services. You agree that the limitations of liability and damages and the indemnity in these terms survive and apply even if found to have failed of their essential purpose.
Links to Third Party Sites
The Website may link to other websites that are independent of Company. These links are provided only as a convenience. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in, or the products or services provided or sold by, any such site. You visit any such website at your own risk. You agree that Company is not responsible for any loss or damage of any sort you may incur from dealing with such third-party website(s).
Ownership of Content
Company owns and operates this Website. Company or third parties own all right, title and interest in and to the materials provided on this Website, including but not limited to the "look and feel" of the Website (including its design, layout, color combinations, button shapes and other graphical elements), information, documents, logos, graphics, sounds, page headers, button icons, service marks, trademarks, trade dress, and images (collectively, the "Materials"). Except as otherwise expressly provided by us, you may not copy, republish, reproduce, upload, download, display, post, distribute, or transmit the Materials in any way. Nothing on this Website confers any license, express or implied, of Company’s intellectual property rights. Any rights not expressly granted to you by these Terms are reserved by us.
All Website design, text, graphics, and the selection and arrangement thereof, are owned by Company. Copyright © 2020, BEIJING DeepCool SCI-TECH CO., LTD.
Enforcement of Rules and Policies
We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. While we are not obligated to take any action, such action may include, but is not limited to, issuing warnings or suspension or termination of your rights to use our Website. You agree that Company shall not be liable to you or any third party for any termination of your access to the Website, and you agree not to attempt to use the Website after said termination. We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials or other third parties.
In order to protect our rights, property, personal safety, and those rights, property and the personal safety of our users and viewers, and to ensure the integrity and operation of our business and systems, we may choose to cooperate with any law enforcement request for information or documents, any administrative, civil or criminal subpoena, or any court order, and we may disclose your information (including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing traffic information, and usage history regarding a user in connection with such circumstances.
You are solely responsible for the content that you submit on or through the Website, and any content or information that you transmit to other users or third-party advertisers on the Website.
Governing Law
The Terms and the relationship between you and Company shall be governed by the laws of the Peoples Republic of China without regard to any conflicts of laws principles.
Dispute Resolution by Binding Arbitration
Please read this carefully. It affects your rights.
Summary:
Most or your concerns can be resolved quickly to your satisfaction by contacting our Customer Service Center via support05@deepcool.com. In the unlikely event that Customer Service cannot resolve your complaint to your satisfaction, or if we have not been able to resolve a dispute with you after trying to do so informally, we each agree to resolve those disputes through binding arbitration rather than in court. The Beijing Arbitration Commission will serve as the arbitration provider. We agree that any arbitration under these Terms will take place on an individual basis. Representative, group, collective or class actions or arbitrations are not permitted.
You may speak with your own lawyer before using this Website or purchasing any product or service, but your use of this Website and the purchase of any product or service constitutes your agreement to these Terms.
Arbitration Agreement:
Both parties agree that any dispute arising from or related to this contract, regardless of the amount of the dispute, shall be submitted to the Beijing Arbitration Commission for arbitration under the simplified procedures based on the Beijing Arbitration Commission Arbitration Rules. The arbitration will be executed in the language of Chinese in Beijing. The laws of the People's Republic of China are applied as the substantive law on which arbitration cases are based. The arbitrational award is final and binding on both parties. Arbitration fees, appraisal fees, notarization fees, and lawyer's fees incurred in an arbitration case shall be borne by the losing party.
The kinds of disputes and claims we agree to arbitrate are intended to be broadly interpreted, including but not limited to:
1) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, advertising, or any other legal theory;
2) claims that arose before these or any prior Terms became effective;
3) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
4) claims that may arise after the termination of these Terms. For the purposes of this Arbitration Agreement, references to "Company," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Website and our products and services under these Terms or any prior agreements between us.
If you are a copyright owner or an agent and believe that any Material or content on this Website infringes your copyright, you may submit a notification by providing the following information in writing
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
d. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated agent to receive notifications of claimed infringement is: 6 Building 10, Yard 9, Dijin Road, Haidian District, Beijing, China 100095. Only notices which are sent in accordance with the above situations should go to the agent; any other communications should be directed to our customer service department via our support05@deepcool.com.
In order to contact Company regarding a complaint about the Website or Materials, please contact support05@deepcool.com.
Severability of Agreement
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
Electronic Signatures and Agreements
You acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "I ACCEPT" or such similar links as may be designated by the Company to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement.
Technical Support
If you encounter a technical problem printing or accessing your completed application, or some other problem, our customer service representatives may be able to help.
If you ask a customer service representative to remotely control your computer in order to try to resolve your problem, you acknowledge and accept that Company is not liable for any technical problems that may persist or arise with your computer after doing so.
Miscellaneous
These Terms constitute the entire agreement between you and Company. They govern your use of the Website and Materials and supersede any prior agreements between you and us. Company’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms do not limit any rights that Company may have under trade secret, copyright, patent or other laws. Company’s employees are not authorized to modify the Terms, or to make any additional representations, commitments, or warranties binding on Company, except in writing signed by an authorized Company officer. If any provision of these Terms is found to be invalid, you agree that the other provisions of the Terms remain in full force and effect.
You warrant, represent and agree that, by using the Website and/or the Products or Services, you (i) have carefully read and considered these Terms and fully understand its contents, (ii) are consenting to these Terms of your own free will, based upon your own judgment and without any coercion or fear of retaliation, and (iii) you have had a chance to consult independent legal counsel with respect to these Terms.
In the event that you breach these Terms, Company will, in addition to all other available remedies, be entitled to the equitable remedies of a temporary restraining order, preliminary and/or permanent injunction.
