Terms of use
Welcome to the website of Witproton Technology Company Limited.
Witproton.com as a cross-border e-commerce website provides its services to you subject to the notices, terms and conditions set forth in this agreement (the "Agreement"). In addition, when you use any witproton.com service (e.g., Purchase ), you will be subject to the rules, guidelines, policies, terms, and conditions, including but not limited to the Privacy Notice, applicable to such services, and they are incorporated into this Agreement by this reference. Witproton.com reserves the right to change this site and these terms and conditions at any time. Accessing, browsing, or otherwise using the site constitutes your agreement to all the terms and conditions in this agreement.
Please read these Terms carefully before using this website. By using this website you have accepted these Terms of Use. If you do not accept these Terms of Use, do not use the website.
Witproton, Inc. ("Witproton") may modify all or any part of these Terms of Use from time to time without notice to you, you should check back often so you are aware of your current rights and responsibilities.Your continued use of this website after changes to the Terms of Use have been published constitutes your binding acceptance of the updated Terms of Use. If at any time the Terms of Use are no longer acceptable to you, you should immediately cease all use of this website.
A.Use of Site:
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, witproton.com hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by witproton.com in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by witproton.com in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by witproton.com in advance. Witproton.com reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if witproton.com believes that customer conduct violates applicable law or is harmful to witproton.com’s interests.
You shall not post or transmit, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under China or international law, or otherwise violates any applicable law ; (c) You may not post or transmit through this website advertising or commercial solicitations; promotional materials relating to website or online services which are competitive with Witproton and/or this website, includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of this website or its contents. You may not harvest or collect information about website visitors without their express written consent. Witproton.com may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and witproton.com has no obligation to investigate the authorization or source of any such access or use of the Site.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify witproton.com of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security. This “site” is owned by Witproton Technology Company Limited (“witproton.com”)
Your use of this website is subject to all applicable international laws and regulations, and you agree not to violate such laws and regulations. Any attempt by any person to deliberately damage this website is a violation of criminal and civil laws. Witproton reserves the right to seek damages from any such person to the fullest extent permitted by law.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Witproton’s systems or networks, or any systems or networks connected to the Site or to Witproton.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Witproton on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Witproton or others.
B.Trademarks
The trademarks, logos and service marks ("Marks") displayed on this website are the property of Witproton or other third parties. You are not permitted to use these Marks without the prior written consent of Witproton or such third party which may own the Mark.
C.Accounts, Passwords and Security
If you are a Witproton user, you must select a user name and password and you agree (a) to provide Witproton with accurate, complete and up to date information; (b) to update your information to keep it accurate, current and complete; (c) comply with these Terms of Use. Failure to provide accurate information constitutes a breach of this agreement, which may result in immediate termination of your right to access this website.
You may not use anyone else’s Witproton ID, password or account at any time without the express permission and consent of the holder of that Witproton ID, password or account. Witproton cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
You may not select a user name that impersonates someone else, is or may be illegal, or may be protected by trademark or other proprietary rights, is vulgar or offensive or may cause confusion. Witproton reserves the right to reject any user name in our sole discretion.
You agree not to sell or transfer your use of or access to this website or permit anyone else whose account was suspended or terminated to use this website through your user name or password. You are responsible for maintaining the confidentiality of your password and account and for all activity that occurs on your account. You agree to immediately notify Witproton of any unauthorized use of your account or any other breach of security. Witproton will not be liable for any loss you incur as a result of someone else using your password and account with or without your permission.
D.Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code or any other materials (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Witproton, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Witproton’s express prior written consent.
You may use information on Witproton products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Witproton for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
E.Reviews and Comments
Witproton has the right, but not the obligation, to monitor the content of this website, to determine compliance with these Terms of Use and any other operating rules established by Witproton. Witproton has the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on this website that we find to be in violation of these Terms of Use or is otherwise objectionable. You are solely responsible for any information you post, transmit or otherwise make available on this website. You acknowledge and agree, that Witproton does not have any liability for any action or inaction with respect to any conduct, communication or posting on this website.
Except as otherwise provided elsewhere in this Agreement or on the site, anything that you submit or post to the site and/or provide witproton.com, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary, and by submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship right) to witproton.com without charge and witproton.com shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of witproton.com and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by witproton.com in the future.
In addition to the rights applicable to any Submission, when you post comments or reviews to the site, you also grant witproton.com the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other Content that you post on this site and that use of your reviews, comments, or other Content by witproton.com will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead witproton.com or third parties as to the origin of any Submissions or Content. Witproton.com may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third party claims. Witproton.com assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defense for and indemnify witproton.com against any losses caused due to the use of the entries for any purposes.
F.Privacy
Witproton’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Please see the Witproton’s Privacy Policy. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
G.Copyright
All information and content related to items on the website of witproton.com, including but not limited to price, details, dimensions, weight, descriptions, and specifications of the items are translated by us from the information obtained from our company or third party sources and the items or the related information are not owned, manufactured, sold or endorsed by witproton.com. Considering the technical limitations, witproton.com do not warrant that the said information is accurate, complete, reliable, current, or error-free.
Each item offered for sale on our website has an item description and/ or a reference link. You shall be responsible for confirming the information and content related to the item you wish to purchase through the information and/ or link provided before you submit any order. It is presumed that you have full knowledge and understanding of the details of the items you are purchasing upon submission of your order, as we shall not be liable for any after-sales issues resulting from misinterpretations of the related information and content on the website.
Witproton.com recognizes and respects all copyrights and trademarks. As such, any usage of television, motion picture, music, film festival or other names or titles have no connection to witproton.com.
Witproton either owns the intellectual property rights in the HTML, text, images audio, video or other content that is made available on this website, or has obtained the permission of the owner of the intellectual property to make it available on this website. Witproton strictly prohibits the redistribution or copying of any part of this website or content on this website without written permission from Witproton. Witproton authorizes you to display on your computer, download and print pages from this website provided: (a) the copyright notice appears on all such printouts, (b) the information will not be altered, (c) the content is only used for personal and non-commercial use, and (d) you do not redistribute or copy the information to any other media. Witproton respect the intellectual property of others. Please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Without witproton.com's express prior written consent, the use of data mining, robots, or similar data gathering and extraction tools on witproton.com as well as the use of witproton.com trademarks or service marks in meta-tags is strictly prohibited. You may view and use the Content only for your personal information and for shopping and ordering on the site and for no other purpose. If you happen to come across any of our content hosted on a third-party site, please do not hesitate to contact us at: sales2@witproton.com.The collection, arrangement, and assembly of all content on this site (the "Compilation") belong exclusively to witproton.com. You may not use witproton.com's Content or Compilation in any manner that disparages or discredits witproton.com or in any way that is likely to cause confusion or violation of any applicable laws or regulations. All software used on this Site (the "Software") is the property of witproton.com and/or its Software suppliers. The Content, the Compilation and the Software are all protected under national and international copyright laws. All rights not expressly granted are reserved by witproton.com. Violators will be prosecuted to the full extent of the law.
H.Intellectual Property Infringement Policy
It is the policy of witproton.com to take appropriate action where necessary to uphold and recognize all relevant International laws in connection with material that is claimed to be infringing any trademark, copyright, patent and all or any other Intellectual Property laws.
Sale of Unauthorized Goods on the Site.
If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to witproton.com’s (sales2@witproton.com)
1. An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed.
2. A description of the allegedly infringing work or material.
3. A description of where the allegedly infringing material is located on the site (product(s) URL).
4. Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address.
5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law.
6. Identification of the intellectual property rights that you claim are infringed by the Website(e.g. "copyright name", "trademark", "registered time",etc).
7. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
I.Termination and Effect of Termination
In addition to any other legal or equitable remedies, witproton.com may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the site and witproton.com shall, in addition to any other legal or equitable remedies, immediately revoke all password(s), and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
J.Disclaimer
THIS WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. WITPROTON MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE FUNCTIONALITY OR USEFULNESS OF THIS WEBSITE OR ANY CONTENT. WITPROTON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITPROTON DISCLAIMS LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, OR LOST PROFITS, THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THIS WEBSITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO COMPUTER SYSTEMS, HARDWARE OR SOFTWARE, LOSS OF DATA, OR ANY OTHER PERFORMANCE FAILURES, OR ANY ERRORS, BUGS, VIRUSES OR OTHER DEFECTS THAT RESULT FROM OR ARE ASSOCIATED WITH USE OF THIS WEBSITE OR ANY CONTENT.
WITPROTON MAKES NO WARRANTY THAT, (I) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVER ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL.
INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THIS WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY WITPROTON AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Witproton reserves the right to do any of the following, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (b) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (c) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
K.Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WITPROTON IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL,CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF WITPROTON HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO (1) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (3) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS, OR (4) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
L.Global Availability
Witproton controls this site from its China offices. If you use this website from other locations you are responsible for compliance with applicable local laws. Witproton makes no representation that the products and services referenced herein are appropriate, or available, worldwide and in fact certain products and services may not be available worldwide.
M.Purchases, Other Terms and Conditions
Please note that there may be certain orders that the witproton.com are unable to accept and must cancel. The Supplier and witproton.com reserves the right, at sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. Witproton.com will contact you(by Email: sales2@witproton.com) if all or any portion of your order is canceled or if additional information is required to accept your order.
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including sweepstakes, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
Witproton’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Witproton may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Witproton makes no commitment to update the materials on the Site with respect to such products and services.
N.Typographical Errors
While witproton.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. witproton.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, witproton.com shall have the right to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, witproton.com may, either contact you for instructions or cancel your order and notify you of such cancellation.
O.Pricing in Different Currencies
Pricing of products sold on witproton.com is based upon figures calculated in U.S. Dollars (US$). Prices displayed in other currencies are converted from U.S. Dollars according to the most up to date conversion rates. Due to fluctuating currency values, prices displayed in non-U.S. denominations of currency on the Site, other than on the individual product page, may not be the most current. Areas of the Site where non-U.S. denominations of currency might be inaccurate include, but are not limited to, promotional banners, promotional pages, and information on product category pages. The price displayed on an individual product page, regardless of currency denomination, is the current price you are liable to pay to witproton.com, excluding shipping.
P.Transfer of Title
Title to the products in your order will be transferred to you when the products leave the Supplier’s or Witproton Technology Company Limited’s warehouse and are delivered to the carrier for shipment to an address designated by you in the order. All liabilities and risks to the products will also be transferred to you upon the delivery of the products to the carrier. By placing an order on this Site, you authorize the Supplier and WITPROTON TECHNOLOGY COMPANY LIMITED to engage third party shipping services on your behalf.
Q.Jurisdiction
This agreement and all claims relating to the relationship between the parties are governed by the Federal laws and the laws of China without regard to choice of law provisions.
If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.
R.Violation of These Terms of Use
Witproton may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Witproton’s rights or property, or the rights or property of visitors to or users of the Site, including Witproton’s customers. Witproton reserves the right at all times to disclose any information that Witproton deems necessary to comply with any applicable law, regulation, legal process or governmental request. Witproton also may disclose your information when Witproton determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Witproton may preserve any transmittal or communication by you with Witproton through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Witproton determines that such preservation or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce these Terms of Use, (c) respond to claims that any such data violates the rights of others (d) protect the rights, property or personal safety of Witproton, its employees, users of or visitors to the Site, and the public.
You agree that Witproton may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Witproton, for which monetary damages would be inadequate, and you consent to Witproton obtaining any injunctive or equitable relief that Witproton deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Witproton may have at law or in equity.
You agree that Witproton may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (a) requests by law enforcement or other government agencies, (b) a request by you (self-initiated account deletions), (c) discontinuance or material modification of the Site or any service offered on or through the Site, or (d) unexpected technical issues or problems.
If Witproton does take any legal action against you as a result of your violation of these Terms of Use, Witproton will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Witproton. You agree that Witproton will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
S.Governing Law, Dispute Resolution
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 China laws without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue and federal courts in China, and waive any objection to such jurisdiction or venue. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. 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 Witproton 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.
T.Arbitration
Where the parties fail to settle dispute within 30 days after such dispute occurs, they agree to submit such dispute to the China International Arbitration Center for arbitration which shall be conducted in accordance with applicable rules in effect at the time of applying for such arbitration. The arbitral awards are final and binding upon both parties.
U.Void Where Prohibited
Witproton administers and operates the www.witproton.com Site from its location in China, other Witproton sites may be administered and operated from various locations outside China. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside China. Witproton reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside China, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
V.Links
This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Witproton’s control, and Witproton is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
W.Force Majeure
Witproton.com shall not be liable to you or be deemed to be in breach of agreement by reason of any delay in performing, or any failure to perform, any of the obligations in relation to the items, services and/or Site if the delay or failure was due to any cause beyond our reasonable control, including but not limited to:
1. fire, act of God, storm, explosion, earthquake, flood, tempest, accident or other natural disaster.
2. war or threat of war, sabotage, insurrection, civil disturbance or requisition.
3. acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
4. import or export regulations or embargoes.
5. strikes, lock outs or other industrial actions or trade disputes.
6. difficulties in obtaining raw materials, labour, fuel, parts or machinery faced by us or suppliers.
7. telecommunication, transportation, power supply, or system disturbances or failures, or breakdown in machinery resulting in the impossibility of the use of any of the aforementioned.
X.Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation China export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Witproton with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Witproton with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Witproton, Witproton will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Witproton’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Witproton of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Witproton and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Witproton provides access to Witproton international data and, therefore, may contain references or cross references to Witproton products, programs and services that are not announced in your country. Such reference does not imply that Witproton in your country intends to announce such products, programs or services.
Y.Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. Witproton shall be free to use such information on an unrestricted basis.
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