Legal

TERMS OF USE

1. BINDING EFFECT. Welcome to the Ulink Websites, which include ulinktech.com, ulinkda.com, and ulinkreporter.com (each, a “Site” and collectively the “Sites”) or any services provided in connection with the Sites (the “Services”), you agree to abide by these Terms of Use. These Terms of Use may be amended by Ulink Technology, Inc. (“Company”) from time to time in its sole discretion. Company will post a notice on the Sites any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Sites and cease all use of the Services and the Sites.

2. GENERAL. Company does not warrant that the contents of the Sites are error-free. Information on the Sites may contain technical inaccuracies and/or typographical or other types of errors and may be changed or updated at any time without notice. Company may also make improvements and/or changes in the products and/or programs described on the Sites at any time without notice. Company will use reasonable efforts to place accurate and up-to-date information on the Sites but makes no warranty of its accuracy, completeness and/or timeliness. You acknowledge that your use of any information available through the Sites is at your own risk.

3. PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found posted at www.ulinktech.com/privacy.php. Company’s privacy policy is expressly incorporated into this Agreement by this reference.

4. REGISTRATION. When you are required to open an account to use or access the Sites or Services, you must complete the registration process by providing the complete and accurate information requested on the registration form. You agree: (i) to provide true, accurate, current and complete information about yourself (and your entity if you are opening an account or making a purchase on behalf of an entity) as prompted by the Sites, and (ii) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate your account and refuse any and all current or future use of the Sites. Any information you provide to us is subject to our privacy policy posted at www.ulinktech.com/privacy.php. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

5. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITES AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITES OR THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITES OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITES OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

6. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITES OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.

7. CODE OF CONDUCT. You agree that you will use the Sites (including features thereof and products or services offered thereon) only for its intended purpose. You further agree not to: (i) use the Sites, any content or other materials on the Sites, or any products or services included on or available through the Sites for any unlawful purpose; (ii) restrict or inhibit any other user from using and enjoying the Sites, including by means of hacking or defacing any portion of the Sites, introducing any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or otherwise acting in a manner that negatively affects other users’ ability to engage in use of the Sites; (iii) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or (iv) use any robot, spider, 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 the Sites or any content or other materials on the Sites. Company has the right to terminate your use of the Sites, or any portion of the Sites, with or without notice, in its sole discretion, for any reason or no reason at all, including, but not limited to, if Company determines (in its sole discretion) that your use of or conduct on or related to the Sites (i) violates these Terms of Use, (ii) is harmful to Company, its customers or vendors, another user or any other party, or (iii) violates applicable law.

8. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Sites and the Services. You are prohibited from violating or attempting to violate any security features of the Sites or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Sites, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Sites or Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Sites or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human- perceivable form any of the source code used by Company in providing the Sites or Services. Any violation of system or network security may subject you to civil and/or criminal liability.

9. COPYRIGHT AND TRADEMARK. All materials on the Sites, including, without limitation, all copyrights, trademarks, artwork, images and other elements (collectively, the “Content”), are protected by copyrights and other intellectual property rights owned and controlled by Company or by other parties that have licensed or otherwise provided their material to Company. Except as stated in these Terms of Use, none of the Content on the Sites may be copied, reproduced, distributed, republished, downloaded, displayed, posted, framed or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Company or the copyright owner. You also may not, without Company’s permission, “mirror” any Content contained on the Sites on any other server. Any unauthorized use of any material contained on the Sites may violate copyright laws, trademark laws, trade secret laws, the laws of privacy and publicity, and communications regulations and statutes.

10. INDEMNITY. By using the Sites you agree to indemnify Company, and its subsidiaries, partners, affiliates, agents, consultants, sponsors, advertisers and licensors, and their respective officers, directors, employees, shareholders, agents and representatives (collectively, the “Released Parties”), and hold the Released Parties harmless from any and all claims and expenses, including attorneys’ fees, arising from your use of the Sites or the Content or other materials on the Sites, your breach of any term or condition contained in these Terms of Use or any other agreement applicable to any specific functions or areas of the Sites, or your submission of information or materials to Company by any means or from any person’s use of any account or password you maintain with Company or the Sites, regardless of whether such use is authorized by you. By using the Sites, or submitting any ideas and/or related materials to Company, you are hereby agreeing to release the Released Parties from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to any products and services obtained or used through the Sites or to any disputes regarding use of ideas and/or related materials submitted to Company. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES IN RELEVANT PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

11. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Santa Clara County, California, in all disputes arising out of or related to the use of the Sites or Services.

12. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

13. NO LICENSE. Nothing contained on the Sites should be understood as granting you a license to use any of the copyrights, trademarks, service marks, or logos owned by Company or by any third party.

14. MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Sites and/or the Services; and (c) discontinue the Sites and/or Services at any time. Company shall post any revision to these Terms of Use to the Sites, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Sites periodically to be aware of any revisions. You agree that, by continuing to use or access the Sites following notice of any revision, you shall abide by any such revision.

15. ENTIRE AGREEMENT. These Terms of Use represent the entire agreement relating to the use of the Sites. Company’s failure to enforce any right or provision of these Terms of Use does not constitute a waiver of that right or provision.

16. ACKNOWLEDGMENT. BY USING THE SERVICE OR ACCESSING THE SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. QUESTIONS OR COMMENTS. If you have any questions or comments about these Terms of Use, please contact us at support@ulinktech.com.

This Terms of Use were last updated on May 27, 2019.
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