Effective Date: 31 March 2019
1. Agreement to Terms.
By accessing and using the Site, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Site.
3. Changes to Terms.
We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know by posting the updated Terms on the Site. It’s important that you review the Terms whenever we update them. If you continue to access the Site after we have posted updated Terms, you are agreeing to be bound by the updated Terms.
We welcome feedback, comments and suggestions for improvements to the Site (“Feedback”). You can submit Feedback by emailing us at the email address set forth in Section 13. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
For purposes of these Terms, “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are provided or otherwise made available through the Site. Subject to your compliance with these Terms, ConvenientPower grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, copy, display and print the Content solely for your personal and non-commercial purposes.
6. General Prohibitions.
You agree not to do any of the following:
(a) Use, display, mirror or frame ConvenientPower’s name, any ConvenientPower trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without ConvenientPower’s express written consent;
(b) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by ConvenientPower or any of ConvenientPower’s providers or any other third party (including another user) to protect the Content;
(c) Attempt to access or search the Content or download Content through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by ConvenientPower or other generally available third-party web browsers;
(d) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(e) Use any meta tags or other hidden text or metadata utilizing a ConvenientPower trademark, logo URL or product name without ConvenientPower’s express written consent;
(f) Use the Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(g) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Content to send altered, deceptive or false source-identifying information;
(h) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Content;
(i) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or
(j) Encourage or enable any other individual to do any of the foregoing.
7. Links to Third Party Websites or Resources.
The Site may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
8. Warranty Disclaimers.
THE SITE AND THE CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
You will indemnify and hold harmless ConvenientPower and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Site and Content, or (ii) your violation of these Terms.
10. Limitation of Liability.
(a) NEITHER CONVENIENTPOWER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CONVENIENTPOWER OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(b) IN NO EVENT WILL CONVENIENTPOWER’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100).
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CONVENIENTPOWER AND YOU.
11. Governing Law and Dispute Resolution.
These Terms shall be governed by, and be construed in accordance with, the laws of Hong Kong. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or Content will be resolved by the courts of Hong Kong which will have exclusive jurisdiction in respect of any such aforesaid disputes or matters, and you and ConvenientPower each waive any objection to jurisdiction and venue in such courts.
12. General Terms.
(a) Severability. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
(b) Notices. Any notices or other communications provided by ConvenientPower under these Terms, including those regarding modifications to these Terms, will be given by posting to the Site.
(c) Waiver of Rights. ConvenientPower’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ConvenientPower.
13. Contact Information.
If you have any questions about these Terms, please contact ConvenientPower at firstname.lastname@example.org.