eChannelOpen Website Terms of Use123

123Please Read the Following Terms of Use Carefully
This Web site (the "Web Site") is provided by eChannelOpen ("eChannelOpen") subject to these terms of use and all modifications thereto ("Terms of Use"). By using this Web Site, any user who visits the Web Site ("You") agrees to follow and be bound by these Terms of Use.

For purposes of these Terms of Use, the term "Web Site" shall refer only to the publicly-accessible portions of [eChannelOpen.com]. Use of the password-protected eChannelOpen CollabTRADE (the "CollabTRADE") by registered members ("Members") and their authorized users ("Authorized Users"), is subject to the separate membership agreement ("Membership Agreement") between eChannelOpen and such Members and Authorized Users. These Terms of Use do not govern the use of the CollabTRADE, and the term "Web Site" as used herein does not include the "CollabTRADE." These Terms of Use shall govern the use of the Web Site (but not the CollabTRADE) by Members and Authorized Users and others, and the term "You" shall include Members and Authorized Users for such limited purpose. Unless indicated herein, these Terms of Use are in addition to, and do not replace, the terms of the Membership Agreement.

In order to use the Web Site, You must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2) provide for Your own access to the World Wide Web; and (3) pay any telephone or other service fees associated with such access.

Web Site Content
This Web Site contains trademarks, service marks, logos, data, text, graphics, photographs, sound, video, and other content owned by eChannelOpen or its third party licensors ("Web Site Content"). As between You and eChannelOpen, eChannelOpen is the sole owner of all Web Site Content on the Web Site, including without limitation, all copyrights, trademarks, service marks and other intellectual property rights thereto. You may not download or save a copy of the Web Site Content or any portion thereof, for any purpose, except You may print a copy of individual screens appearing as part of the Web Site solely for Your personal, non-commercial use or records, provided that any proprietary rights notices, marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. Except as expressly permitted in these Terms of Use, You may not modify, copy, publish, display, transmit, adapt or in any way exploit the Web Site Content, without the express prior permission of eChannelOpen.

You shall not copy, sell, rent, lease, license, sublicense, grant any rights in, transfer, distribute, time-share or otherwise assign to any third party any portion of the Web Site or Your rights in licenses thereto, or use any portion of the Web Site to operate a time sharing service, service bureau or perform services for third parties.

Linked Sites
eChannelOpen may provide links to third parties' Web sites and access to content, products and services from third parties ("Linked Sites") from the Web Site. Linked Sites are not reviewed, controlled or examined by eChannelOpen in any way and eChannelOpen is not responsible or liable for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply eChannelOpen's endorsement of or association with the Linked Sites. You should refer to the policies posted by such Linked Sites regarding data collection, privacy and other topics before You use them. eChannelOpen may refer to or list third parties on the Web Site who maintain separate web sites. You should refer to the policies posted by such third parties on their web sites regarding data collection, privacy and other topics before you use them.

Privacy Policy
All personally identifiable information collected through the Web Site will be handled in accordance with our Privacy Policy, which is incorporated by reference into these Terms of Use.

Disclaimer of Warranties
THIS WEB SITE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, ECHANNELOPEN AND ITS AFFILIATES, SUBSIDIARIES, AGENTS, SUPPLIERS AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, DIRECTORS, OFFICERS, AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, INTEGRATION, APPROPRIATENESS, RELIABILITY, COMPLETENESS OR TIMELINESS, USEFULNESS, ARISING FROM TRADE USAGE OR COURSE OF DEALING OR COURSE OF PERFORMANCE, OR OTHERWISE OF THE WEB SITE AND THE WEB SITE CONTENT THEREON; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, QUIET ENJOYMENT, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE WEB SITE WILL BE SECURE, UNINTERRUPTED, NOT DELAYED OR SUSPENDED, UNCHANGED OR ERROR FREE.

Limitation of Liability
IN NO EVENT WILL ECHANNELOPEN, OR ITS AFFILIATES, SUBSIDIARIES, AGENTS, SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF USE, TRANSACTION LOSSES, LOSS OF A CHANCE, OPPORTUNITY COSTS, COSTS OF PROCURING SUBSTITUTE GOODS, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF ECHANNELOPEN OR ITS REGISTERED AGENT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION.

Indemnification
By using the Web Site, You agree to defend, indemnify and hold eChannelOpen, and its affiliates, subsidiaries, agents, Suppliers and their respective employees, contractors, directors, officers, and shareholders harmless from any and all claims, demands, losses, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from Your use of the Web Site, any violation of these Terms of Use by You, or any User Content You post on or through the Web Site.

Changes to Terms of Use and Web Site
eChannelOpen may change these Terms of Use from time to time and at any time, and without actual notice to You. All such changes to these Terms of Use will appear on this page of the Web Site. We encourage You to check for changes to these Terms of Use regularly. By using the Web Site following any modifications to these Terms of Use, You agree to be bound by any such modifications to these Terms of Use.

General
If any provision of these Terms of Use is held to be invalid or unenforceable, in whole or in part, such holding shall not affect the validity or enforceability of the other provisions of these Terms of Use, and any part of such provision not held invalid or unenforceable shall remain in effect. If such holding of invalidity or unenforceability is based on a measure of liability, performance or time set as a standard in the Terms of Use, such provision shall be replaced by a legally valid measure of liability, performance or time which is as close as possible to that originally specified. eChannelOpen's failure to act with respect to a breach of these Terms of Use by You does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms of Use and the eChannelOpen Privacy Policy, and any modifications thereto, constitute the entire agreement between the parties with regard to the Web Site and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms of Use shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You acknowledge (a) that You have read and understood these Terms of Use; and (b) that these Terms of Use have the same force and effect as a signed agreement.

億科國際股份有限公司客服部
Customer Service Department of eChannelOpen Inc.

(886)-02-66058160 #801
service@echannelopen.com