Website Terms Of Use

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the "Terms of Use") apply to the SmartX site located at www.smartx.com and all associated sites linked to www.smartx.com by SmartX, its subsidiaries and affiliates, including SmartX sites around the world (collectively, the "Site"). The Site is the property of SmartX Inc. ("SmartX") and Beijing Zhiling Haina Technology Co., Ltd. and the licensor. By using this Site, you agree to these Terms of Use; if you do not agree, do not use this Site.

SmartX reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to periodically check these Terms of Use for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. SmartX grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site as long as you comply with these Terms of Use.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content") contained on this Site, including but not limited to the design, structure, selection, coordination, expression, "look and feel", style and arrangement of such Content, are owned, controlled or licensed by, or licensed to SmartX, and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of this Site may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed (including"mirroring") to any other computer, server, web site, or other medium used for publication or distribution or for any commercial enterprise, without SmartX's express prior written consent.

You may use information about SmartX products and services (such as data sheets, knowledge base articles, and similar materials) intentionally provided by SmartX, provided that you (1) do not remove any proprietary language from any copies of such documentation, (2) use such information solely 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) make no additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any "deep link", "page-scrape", "robot", "spider" or other automated device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion or any Content of this Site, or to reproduce or circumvent in any way the navigational structure or presentation of this Site or the Content contained, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. SmartX reserves the right to prohibit any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other system or network connected to the Site or any SmartX server, or to any of the services available on or through the Site, through hacking, password mining or any other illegitimate means.

You may not probe, scan or test the vulnerability of this Site or any network connected to the Site, or breach the security or authentication measures employed by this Site or any network connected to it. You may not reverse look-up, trace or seek to trace any information on any other user or visitor to the Site, or any other customer of SmartX, including any SmartX account not owned by you; you may not misuse the Site or any services or information provided by or through the Site; and you may not disclose any information in any form, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Site or on the SmartX system or networks, or any systems or networks connected to the Site or to SmartX.

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 SmartX on or through the Site or any service offered on or through the Site. You may not pretend to be another person or on behalf of another person, nor may you impersonate any other person or entity.

You may not use the Site or any Content contained therein for any purpose that is unlawful or prohibited by these Terms of Use, nor may you solicit any unlawful activity or other activity that infringes the rights of SmartX or others.

Purchases; Other Terms and Conditions

Additional terms and conditions apply to the purchase of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features. All such terms are incorporated herein by reference and form part of these Terms of Use. You agree to abide by such other terms and conditions, including, where appropriate, that you are of legal age required to use or participate in such services or features. 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 control with respect to your use of that portion of the Site or the particular service.

SmartX's obligations (if any) with respect to its products and services are governed solely by the agreements under which they are made available, and nothing contained in this Site shall be construed to alter such agreements.

SmartX may make changes to any products or services offered on the Site, or to the applicable prices of any such products or services, at any time without notice. The materials on this Site regarding products and services may be out of date and SmartX makes no commitment to update the materials on this Site regarding such products and services.

The following terms also govern and apply to your use of this Site and are incorporated herein by reference:

Guidelines for using SmartX Trademarks and Copyrights
End User License Agreement

Each of these policies may change from time to time and are effective immediately upon posting such changes on this Site.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up a SmartX account and password). You are solely responsible for maintaining the confidentiality of your account information, including passwords, and for any and all activities that occur under your account as a result of your failure to ensure the security and confidentiality of such information. You agree to notify SmartX immediately when someone else uses your account or password without authorization, or in the event of any other breach of security. You may be held liable for losses incurred by SmartX or any other user of or visitor to the Site due to someone else using your SmartX ID, password or account as a result of your failing to keep your account information secure and confidential.

At no time may you use any other person's SmartX account, password or account without the prior permission and consent of the holder of that SmartX ID, password and account. SmartX cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

SmartX will maximize the security of the transmission of information on the Site, but Internet transmission cannot be completely private or secure. By using this Site, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others, even if a special notice is displayed on the page informing you that a particular data transmission (e.g. credit card information) has been encrypted.

Links to Other Sites and to the SmartX Site

This site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to visitors. Such Linked Sites are not under the control of SmartX. SmartX 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 need to make your own independent judgments regarding your interaction with these Linked Sites.

Disclaimers

SmartX does not promise that the Site or any Content, service or feature of the Site will be error-free or uninterrupted, and does not promise that any defects will be corrected, or that your use of this Site will produce specific results. This site and its Content are provided on an "AS IS" and "AS AVAILABLE" basis. All information provided on this Site is subject to change without notice. SmartX cannot guarantee that all files or other data you download from this Site will be free of viruses or contamination or destructive features. SmartX disclaims all warranties, express or implied, including warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. SmartX disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Site and/or any SmartX services. You assume total responsibility for your use of this Site and any Linked Sites. Your sole remedy against SmartX for dissatisfaction with the Site or any Content is to stop using the Site or any such Content. This limitation of relief is part of the agreement between the parties.

Limitation of Liability

Except where prohibited by law, SmartX will not be liable to you for any indirect, consequential, exemplary, incidental or punitive damages (including lost profits), even if SmartX has been advised of the possibility of such damages.

Indemnity

You agree to indemnify and hold harmless SmartX, its officers, directors, shareholders, predecessors, or successors in interest, employees, agents, subsidiaries and affiliates, from and against any demands, losses, liabilities, claims or expenses (including attorneys' fees), made against SmartX by any third party due to or arising out of or relating to your use of the Site.

Violation of These Terms of Use

SmartX may disclose any information we have about you (including identity information) that SmartX believes is necessary for disclosure of information in connection with any investigation or complaint regarding your use of the Site, or disclosure of information necessary to determine the identity of a person who may cause injury to or interference with (either intentionally or unintentionally) SmartX's rights or property, or the rights or property of visitors to or users of the Site, including SmartX's customers. SmartX reserves the right at all times to disclose such information in order to comply with any applicable law, regulation, legal process or governmental request. SmartX may also disclose your information when SmartX believes that such disclosure is required or permitted by applicable law, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that SmartX has the right to retain any transmissions or communications between you and SmartX through the Site, any service provided on or through the Site, and may disclose such data if required to do so by law, or if SmartX has reasonable grounds to believe that only by doing so can reasonably (1) comply with legal process; (2) enforce this Terms of Use; (3) respond to claims that such data infringes on the rights of others or (4) protect the rights, property or personal safety of SmartX, its employees, users or visitors to the Site, and the public.

You agree that SmartX may, in its sole discretion and without notice, terminate your access to the Site and/or prevent you from accessing the Site in the future if SmartX believes that you have violated these Terms of Use or other agreements or guidelines that 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 SmartX, for which monetary damages would be inadequate, and you consent to SmartX obtaining any injunctive or equitable relief that SmartX deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies available to SmartX under current common law or equity.

You agree that SmartX may, in its sole discretion, terminate your access to the Site without prior notice for the following reasons, including (but not limited to): (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If SmartX does take any legal action against you as a result of your violation of these Terms of Use, in addition to any other remedies available to SmartX, SmartX will also have the right to recover the relevant payments from you and you agree to pay all reasonable attorneys' fees and litigation costs. You agree that SmartX shall not be liable to you or to any third party for any termination of your access to this Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of this Site (including all disputes) will be governed by the laws of China, by the laws of the United States of America and by the laws of the state of California without regard to its conflicts of laws provisions. If you are a customer living in the European Union, the above provisions on location do not apply to you. In the event of a dispute or controversy between SmartX 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 SmartX is unable to resolve such disputes within a reasonable time (not exceeding thirty (30) days), either party may file such disputes or disputes with the arbitrator. If the dispute cannot be resolved through an arbitration body, the parties are free to seek any rights or remedies granted to them by the applicable law.

Void Where Prohibited

SmartX manages and operates www.smartx.com site from its locations in Beijing, China and California. 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 in countries outside of China or the United States. SmartX 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. If any feature, product or service on this Site is prohibited in a particular region, the agreement to provide the corresponding feature, product or service shall be null and void. If you access this website from outside China or the United States, you are acting on your own initiative and are therefore responsible for compliance with applicable local laws.

Miscellaneous

You may not, in violation of applicable laws and regulations, use, export or re-export any Content, copies thereof, adaptations thereof or any products or services offered on this website.

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 SmartX with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and SmartX with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with SmartX, SmartX will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. SmartX's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by SmartX of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between SmartX 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.

SmartX provides access to SmartX international data, so it may contain references or cross references to SmartX products, programs, and services that are not published in your country/region. Such references do not imply that SmartX plans to release such products, programs, or services in your country/region.

Feedback and Information

Any feedback you provide at this Site shall be deemed to be non-confidential. SmartX shall be free to use such information on an unrestricted basis.

All information provided on this Site is subject to change without notice.

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Updated by SmartX team on February 26, 2019