使用条款

Last updated on: 25 June 2021

These terms and conditions of use (the “Terms of Use”) apply to the ProAsia Design website located at www.proasiadesign.com and other relevant websites linked to www.proasiadesign.com (altogether, the “Site”). Please carefully read these terms and conditions of use before using the Site and accessing website content (the “Content”). The Terms of Use provide the terms and conditions for use of the Site and Content provided by ProAsia Design Co., Ltd., and its affiliated companies and/or subsidiaries. You acknowledge that when you access the Site, you automatically agree to the Terms of Use.

IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT USE THE SITE.

Acceptance of the Terms of Use

ProAsia Design may from time to time add, change, edit, amend, revise, modify or remove portions of the Terms of Use without notice. Updated Terms of Use will be effective from the date of posting unless indicated otherwise. You should periodically check the Terms of Use for changes as your continued use of the Site constitutes agreement and acceptance of the Terms of Use. You are entitled to use the Site and the Content for the express purposes prescribed by the Site and the Terms of Use. You should never (i) post nude, pornographic, sexually suggestive, violent, discriminatory, disparaging, defamatory, hateful, or infringing content; (ii) select, solicit or otherwise collect credentials of other users, nor misuse your own credentials; (iii) probe or test the vulnerability of the Site or any network linked to the Site, nor breach the security or authentication measures on the Site or any network linked to the Site; and (iv) use the Site for illegal or unauthorized purposes.

Eligibility

You represent and warrant by using the Site or the Content that you are at least thirteen (13) years of age. You should not, under any circumstance or for any reason access the Site or use the Content if you are under the age of thirteen (13). You are solely responsible for ensuring that the Terms of Use follow all laws, rules, and regulations applicable to you. Your right to access the Site or the Content is revoked where the Terms of Use or your use of the Site or the Content is prohibited by or conflicts with any applicable law, rule, or regulation.

Content

The Content as defined in the Terms of Use includes without limitation, on or through the Site, text, user interfaces, information, data, photographs, videos, audio clips, software, scripts, graphics, interactive features, visual interfaces, trademarks, logos, sounds, music, artwork, computer code, design, structure, expression, “look and feel”, and the arrangement of the Content. The Content is owned, possessed, controlled, or licensed by or to ProAsia Design, and is protected by the laws, rules and regulations relevant to trade dress, copyright, patent, trademark, right of publicity, various other proprietary rights, intellectual property rights, and unfair competition.

You acknowledge that your access to the Site or the Content is at your own risk, and you are solely responsible for any damage or loss incurred by you or by any other party resulting from your access. ProAsia Design makes no guarantee that the Site or the Content you access is or will continue to be accurate, complete, or available. ProAsia Design reserves the right, but has no obligation, to add, change, edit, amend, revise, modify or remove, restrict, or block access to all or any part of the Site or the Content without notice.

When accessing the Content you (i) will not remove any proprietary notice language in any copies of the Content, (ii) will only use the Content for your personal, non-commercial informational purpose and will not copy or post the Content to any networked computer or broadcast the Content in any media, (iii) will make no modifications to the Content, and (iv) will not make any additional representations or warranties relating to the Content without obtaining written approval from ProAsia Design.

You may use information on ProAsia Design products and services (such as catalogs, brochures, and other similar materials) purposely made available by ProAsia Design for downloading from the Site, provided that you (i) not remove any proprietary notice language in all copies of such documents, (ii) use such information only for your personal, non-commercial informational purposes and do not copy or post such information on any networked computer or broadcast it in any media,

(iii) make no modifications to any such information, and (iv) not make any additional representations or warranties relating to such documents.

Privacy

ProAsia Design has a privacy policy that applies to use of the Site (the “Privacy Policy”). The Privacy Policy is made part of the Terms of Use by this reference. It is your responsibility to read the Privacy Policy fully and carefully. By using the Site, you acknowledge that you agree to and accept the Privacy Policy. You also understand that any message or information provided by you to the Site may be read or intercepted by others.

External links

The Site may contain links to other independent web sites or permit you to link to other websites, services, or resources on the Internet (“External Links”). External Links are provided only as a convenience to you and the inclusion of any External Links does not imply ProAsia Design’s endorsement or an association with the operators or owners of third-party websites. ProAsia Design has no control of External Links, and you acknowledge that ProAsia Design is not responsible for the content, functions, accuracy, legality, appropriateness or any other aspect of External Links or other relevant content. ProAsia Design shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on External Links. You will need to make your own independent judgment with respect to your access to and interaction with External Links.

Disclaimer

THE SITE AND THE CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE, ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL PROASIA DESIGN PROMISE THAT THE SITE OR THE CONTENT WILL BE SECURE, ERROR-FREE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT YOUR USE OF OR ACCESS TO THE SITE OR THE CONTENT WILL PROVIDE ANY SPECIFIC RESULT THAT MEETS YOUR REQUIREMENTS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. PROASIA DESIGN AND PROASIA DESIGN’S DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND THE PROVIDERS OF THE CONTENT DO NOT WARRANT AND CANNOT ENSURE THAT ANY CONTENT YOU RECEIVE OR DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR HARMFUL COMPONENTS OR DESTRUCTIVE FEATURES. PROASIA DESIGN DISCLAIMS ANY AND ALL DAMAGE, LIABILITY OR INJURY FOR ANY ACTS, OMISSIONS, FAILURE OF PERFORMANCE, ERROR, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER MALWARE, UNAUTHORIZED ACCESS BY THIRD PARTIES IN CONNECTION WITH OR WITH REGARD TO YOUR USE OF OR ACCESS TO THE SITE, THE CONTENT OR THE THIRD PARTIES’ LINKS. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF OR ACCESS TO THE SITE, THE CONTENT AND THE THIRD PARTY’S SITES. THE SOLE REMEDY FOR YOU TO ENJOY AGAINST PROASIA DESIGN FOR DISSATISFACTION WITH THE SITE OR THE CONTENT IS TO STOP USING THE SITE OR THE CONTENT. IN NO EVENT DOES PROASIA DESIGN OR ANYONE AT PROASIA DESIGN MAKE ANY REPRESENTATIONS NOR WARRANTIES WITH RESPECT TO ITS SITE NOR CONTENTS.

Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL PROASIA DESIGN BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, EVEN IF PROASIA DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFORESAID DAMAGES.

Notwithstanding any provisions contrary to the Terms of Use, if ProAsia Design is found by a court or other tribunal of competent jurisdiction to be liable for any liability, damage or loss in connection with or with regard to your use of or access to the Site, the Content, and External Links, or the Terms of Use, ProAsia Design’s liability will in no event exceed US$100.

Multiple claims related to your use of the Site, the Content, and External Links or the Terms of Use will not altogether increase the aforesaid limitation of damages.

Indemnity

You agree to indemnify and hold ProAsia Design, its officers, directors, shareholders, predecessors, successors in interest, employees, consultants, agents, subsidiaries, and affiliates harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees) made against ProAsia Design by any third party due to or arising out of or in connection with your use of the Site.

Governing Law and Jurisdiction

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Alameda County, California, and waive any objection to such jurisdiction or venue. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between ProAsia Design and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Miscellaneous

The Terms of Use constitute the entire agreement between you and ProAsia Design with respect to your access to and use of the Site and the Content and supersede all prior or contemporaneous communications of any kind (whether oral, written or electronic) between you and ProAsia Design with respect to your access to and use of the Site and the Content. If any of the provisions of the Terms of Use are found to be unenforceable, void or invalid by a court or other tribunal of competent jurisdiction, a valid provision that best embodies the intent of the Terms of Use will replace the invalid or unenforceable provision with a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use will continue in full force and effect.

You will not use or export anything from the Site or the Content or any copy or adaptation of such Content, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

Unless otherwise indicated in the Terms of Service, ProAsia Design may give you all notices that ProAsia Design is required to give by any lawful method, including without limitation by posting notice on the Site or by sending it to any email or mailing address that you provide to ProAsia Design. You acknowledge it is your responsibility to keep your email and mailing addresses current and periodically to check for notices posted on the Site. You agree to send ProAsia Design notice at [email protected].

ProAsia Design’s failure to insist on strict performance of or enforce any part of the Terms of Use shall not be construed as or shall constitute a waiver by ProAsia Design of our right to later enforce that or any other part of the Terms of Use. No course of conduct between you or any other party and ProAsia Design shall be deemed to change or replace any provision of the Terms of Use. Any waiver by ProAsia Design of compliance in any instance does not mean that we will waive compliance in the future. For any waiver of compliance with the Terms of Use to be binding, a written notice of the waiver of compliance in any particular instance shall be provided through one of our authorized representatives. The Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Feedback

Should you have any comments or questions in relation to the Terms of Use, you may contact us at [email protected]. Any feedback or information you provide to ProAsia Design will be deemed to be non-confidential.