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Welcome to the fyoozhen+Consulting, Inc. Web site (the “Site”). Please
carefully read the following terms and conditions that govern your use of the
Site. By accessing, using or downloading information or materials from the Site
you accept the following terms and conditions. If you are using the Site on behalf
of your employer, you represent that you are authorized to accept these terms
on your employer’s behalf. If you do not agree to all of these terms and
conditions, do not use this Site.
1. Use of Site Information
The information, software, documentation, data, services, logos, trademarks,
artwork, text, video, audio, pictures and other materials (collectively, "Materials")
contained on the Site are owned by fyoozhen and/or its suppliers and are protected
by law, including copyright and trademark laws and international treaties. fyoozhen
and/or its suppliers reserve all rights in the Materials.
Nothing on the Site shall be construed as conferring any license to fyoozhen's
or its suppliers' intellectual property rights, whether by implication, estoppel
or otherwise. Except as provided below, or as specifically permitted in other
sections of the Site, you may not reproduce, republish, post, transmit or distribute
any Materials on the Site.
You may print or download Materials from the Site for
your own personal, informational, educational and other non-commercial purposes
only, provided that you include all copyright and proprietary notices originally
included with or contained in the Materials in all copies you create. You may
not attempt to "pass-off" any
of the Materials as your own. You may not post the Materials on any other Web
site, or display or distribute the Materials on the Site without the express
prior written consent of fyoozhen.
2. Communication with fyoozhen
By emailing or otherwise transmitting content to content to fyoozhen, you automatically
grant (or warrant that the owner of such rights has expressly granted) fyoozhen
a worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license
to use, reproduce, modify, adapt, publish, transmit, distribute, and make derivative
works based on such content in any form, medium, or technology now known or later
developed. In addition, you warrant that all moral rights in the content have
been waived.
3. Passwords and Security
If you are required to complete a registration process to enter a portion of
the Site, you will provide us with current, complete and accurate information
as prompted by the applicable registration form. You also will choose a password
and a user name. You are entirely responsible for maintaining the confidentiality
of your password and account. Furthermore, you are entirely responsible for any
and all activities that occur under your account. You agree to notify fyoozhen
immediately of any unauthorized use of your account or any other breach of security.
fyoozhen will not be liable for any loss that you may incur as a result of someone
else using your password or account, either with or without your knowledge. However,
you could be held liable for losses incurred by fyoozhen or another party due
to someone else using your account or password. You may not use anyone else's
account at any time, without the permission of the account holder.
4. Termination of Use
You agree that fyoozhen may, in its sole discretion, at any time terminate your
access to the Site and any account(s) you may have in connection with the Site.
Access to the Site may be monitored by fyoozhen.
5. Links To Third Party Web Sites
Links to third party Web sites on this Site are provided as a convenience to
you. Such third party sites are not under fyoozhen’s control, and fyoozhen
does not assume any responsibility or liability for any communications or materials
available at such linked sites. fyoozhen does not intend links on the Site to
be referrals or endorsements of the linked entities or their products.
6. Privacy Policy
fyoozhen is concerned about your privacy and has developed a policy to address
privacy concerns. You can find the current privacy policy at www.fyoozhen.
com/pages/privacy.html.
7. Note About Minors
Minors are not eligible to use the Site, and fyoozhen asks that they do not submit
any personal information to fyoozhen.
8. Export Restrictions/Legal Compliance
Services, content, and product derived or obtained from this Site may be subject
to the U.S. export laws and the export or import laws of other countries. You
agree to comply strictly with all such laws and, in particular, shall: (a) obtain
any export, re-export, or import authorizations required by U.S. or your local
laws; (b) not use Services, Content, or direct product from this Site to design,
develop or produce missile, chemical/biological, or nuclear weaponry; and (c)
not provide services, content, or direct product from this Site to prohibited
countries and entities identified in the U.S.
export regulations.
9. Contact Information
If you have any questions regarding these Terms of Use, please contact fyoozhen
at info@fyoozhen.com.
10. Disclaimer of Warranty
THE MATERIALS (INCLUDING ALL SOFTWARE) AND SERVICES AT THIS SITE ARE PROVIDED "AS
IS" WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
fyoozhen's obligations with respect to its products and services are governed
solely by the agreements under which they are provided and nothing on this Site
should be construed to alter such agreements. fyoozhen further does not warrant
the accuracy or completeness of the materials,
software or services at this Site. fyoozhen may make changes to the materials
and services at this Site, or to the products and prices described therein, at
any time without notice. The materials and services at this Site may be out of
date, and fyoozhen makes no commitment to update the materials and services at
this Site. Information published at this Site may refer to products, programs
or services that are not available in your country. Consult fyoozhen for information
regarding the products, programs and services that may be available to you. Applicable
law may not allow the
exclusion of implied warranties, so this exclusion may not apply to you.
11. Limitation of Liability
IN NO EVENT WILL fyoozhen, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT
THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES OR THOSE RESULTING FROM
LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE, INABILITY
TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE,
OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES,
WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER
OR NOT fyoozhen HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR
USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED
FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS
THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO
YOU.
12. General Terms and Conditions
12.1 The Terms constitute the entire agreement between you and fyoozhen relating
to their subject matter, and cancel and supersede any prior versions of the Terms
Of Use. No modification of these Terms of Use will be binding, unless in writing
and signed by an authorized fyoozhen representative. You also may be subject
to additional terms and conditions that may apply when you use fyoozhen or third-party
products or services.
12.2 California law and controlling U.S. federal law govern any action related
to the Terms of Use, the Site and/or your use of the Site. Choice of law rules
of any jurisdiction and the United Nations Convention on Contracts for the International
Sale of Goods will not apply to any dispute under the Terms of Use. You and fyoozhen
agree to submit to the personal and exclusive jurisdiction of the courts located
within the county of Santa Clara, California, U.S.A.
12.3 Rights and obligations under the Terms of Use which by their nature should
survive will remain in full effect after termination or expiration of the Terms
of Use.
12.4 The Site may contain forward-looking statements within the meaning of
the Private Securities Litigation Reform Act of 1995. Such forward-looking statements
may include statements regarding market expectations and opportunities, expectations
about financials, research and development and strategies, statements concerning
fyoozhen's roadmaps, market share growth, and product and service development
and introduction, and our continuous evaluation of the competitiveness of our
product and service offerings. These forward-looking statements are just predictions
and involve
risks and uncertainties. Actual results may differ materially from results discussed
in the forward-looking statements. Factors that may cause such a difference include
risks related to adverse changes in general economic conditions, failure to reduce
costs, lack of success in technical advancements, the timely development, production
and acceptance of new products and services, and fyoozhen's ability to compete
in a highly competitive and rapidly changing marketplace.
12.5 Any express waiver or failure to exercise promptly any
right under the Terms of Use will not create a continuing waiver or any expectation
of non-enforcement. If any provision of the Terms of Use is held invalid by any
law or regulation of any government, or by any court or arbitrator, the parties
agree that such provision will be replaced with a new provision that accomplishes
the original business purpose, and the other provisions of the Terms of Use will
remain in full force and effect.
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