Terms of Service

1. AGREEMENT TO TERMS

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and AUTOVIS (“AUTOVIS,” “we,” “us,” or “our”), concerning your access to and use of the website https://autovis.ai as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Website”). You agree that by accessing the Website, you have read, understood, and agreed to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time. We will alert you about any changes by updating the “Last Updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Website so that you understand which Terms apply. You will be subject to and deemed to have been made aware of and to have accepted the changes in any revised Terms and Conditions by your continued use of the Website after the date such revised Terms and Conditions are posted.

The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Website is not tailored to comply with industry-specific regulations (such as the Health Insurance Portability and Accountability Act [HIPAA], the Federal Information Security Management Act [FISMA], etc.), so if your interactions would be subjected to such laws, you may not use this Website. You may not use the Website in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

This Website is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to your use of the Website.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by intellectual property laws including copyright and trademark laws of Vietnam, international copyright laws, and international conventions. The Content and the Marks are provided on the Website “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written permission.

Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Website, the Content, and the Marks.

3. USER REPRESENTATIONS

By using the Website, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms and Conditions; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Website; (6) you will not access the Website through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Website for any illegal or unauthorized purpose; and (8) your use of the Website will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

4. USER REGISTRATION

You may be required to register with the Website. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. FEES AND PAYMENT

We accept the following forms of payment:

  • Visa

  • Mastercard

  • Bank transfer

  • Paypal

You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website. You further agree to promptly update your account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Website.

6. FREE TRIAL

We may offer a free trial to new users who register with the Website at our sole discretion. During the free trial period, your account will not be charged. At the end of the trial period, unless cancelled, your account will automatically convert to a paid subscription and applicable fees will be charged.

7. CANCELLATION

All purchases are non-refundable. You may cancel your subscription at any time by logging into your account or contacting us using the contact information provided below. Your cancellation will take effect at the end of the current billing period.

If you are not satisfied with our services, please email us at [email protected].

8. PROHIBITED ACTIVITIES

You may not access or use the Website for any purpose other than that for which we make the Website available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Website, you agree not to:

  • Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  • Trick, defraud, or mislead us and other users, especially in any attempt to obtain sensitive account information such as user passwords.

  • Circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content.

  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website.

  • Use any information obtained from the Website to harass, abuse, or harm another person.

  • Misuse our support services or submit false reports of abuse or misconduct.

  • Use the Website in a manner inconsistent with any applicable laws or regulations.

  • Engage in unauthorized framing of or linking to the Website.

  • Upload or transmit (or attempt to upload or to transmit) viruses, spyware, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website.

  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

  • Delete the copyright or other proprietary rights notice from any Content.

  • Attempt to impersonate another user or person or use the username of another user.

  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").

  • Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.

  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website to you.

  • Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website.

  • Copy or adapt the Website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website.

  • Except as may result from standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or use or launch any unauthorized script or other software.

  • Use a buying agent or purchasing agent to make purchases on the Website.

  • Make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses.

  • Use the Website as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue-generating endeavor or commercial enterprise.

  • Use the Website to advertise or offer to sell goods and services.

  • Automate use of the Website through scripting.

9. USER GENERATED CONTRIBUTIONS

The Website does not offer users the ability to submit or post content. However, we may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Website, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Website and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Website Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe on the proprietary rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights of any third party.

  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Website, and other users of the Website to use your Contributions in any manner contemplated by the Website and these Terms and Conditions.

  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Website and these Terms and Conditions.

  • Your Contributions are not false, inaccurate, or misleading.

  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

  • Your Contributions do not violate any applicable law, regulation, or rule.

  • Your Contributions do not violate the privacy or publicity rights of any third party.

  • Your Contributions do not violate any law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

  • Your Contributions do not include any offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.

  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

10. LICENSE TO YOUR CONTRIBUTIONS

You and the Website agree that we may access, store, process, and use any information and personal data that you provide in accordance with the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Website, you agree that we may use and share such feedback for any purpose without compensation to you.

We do not claim any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Website. You are solely responsible for your Contributions and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

11. SOCIAL MEDIA

As part of the functionality of the Website, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Website; or (2) allowing us to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers.

By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (“Social Network Content”) so that it is available on and through the Website via your account, including without limitation any friend lists; and (2) we may submit and receive additional information from your Third-Party Account to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and the privacy settings you have set in those accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Website.

Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Website. You will have the ability to disable the connection between your account on the Website and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH THOSE THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.

You acknowledge and agree that we may access your email contacts associated with a Third-Party Account and your contacts list stored on your mobile device or tablet solely for purposes of identifying and informing you of those contacts who have also registered to use the Website. You may disable the connection between the Website and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

12. USER SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Website (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby waive all moral rights to any such Submissions and you hereby warrant that any such Submissions are original to you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

13. THIRD-PARTY WEBSITES AND CONTENT

The Website may contain (or you may be sent via the Website) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Website or any Third-Party Content posted on, available through, or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Website or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware that these Terms and Conditions no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

14. ADVERTISING

We allow advertisers to display advertisements and other information in certain areas of the Website, such as sidebar or banner advertisements. If you are an advertiser, you are solely responsible for any advertisements you place on the Website and any services or products related to those advertisements. Additionally, as an advertiser, you represent and warrant that you have all necessary rights and authority to place advertisements on the Website, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We merely provide the space for advertisements and have no other relationship with advertisers.

15. GOVERNMENT USE

Our services are classified as “commercial items” under international commercial standards. If our services are acquired by or on behalf of any governmental entity, they shall be subject to these Terms and Conditions, as permitted under applicable international laws and treaties. All governmental use of the Website must comply with these Terms unless explicitly overridden by mandatory statutory obligations.

16. WEBSITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Website for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation reporting such users to law enforcement authorities; (3) refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) remove or disable files or content that are excessive in size or burdensome to our systems, without notice; and (5) otherwise manage the Website to protect our rights and property and to facilitate its proper functioning internationally.

17. PRIVACY POLICY

We care about data privacy and security. By using the Website, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions.

Please note that the Website may be hosted in various jurisdictions depending on service infrastructure. If you access the Website from outside the hosting jurisdiction, your data may be transferred across borders. By continuing to use the Website, you consent to the transfer and processing of your data in accordance with our Privacy Policy and applicable international data protection standards.

We do not knowingly solicit data from or market to children under the age of 13. If we learn that personal information has been collected from a child without verified parental consent, we will promptly delete such information.

18. TERM AND TERMINATION

These Terms and Conditions remain in effect while you use the Website. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS, OR OF ANY APPLICABLE LAW OR REGULATION.

We may terminate your use of the Website or delete your account and any content or information you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account, you are prohibited from registering and creating a new account under your own name, a fake or borrowed name, or the name of any third party—even if you are acting on behalf of the third party. We also reserve the right to pursue appropriate legal action, including civil, criminal, and injunctive remedies.

19. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Website without notice at any time.

We cannot guarantee the Website will be available at all times. Technical issues, maintenance, or force majeure events may interrupt access. You agree that we are not liable for any loss or inconvenience caused by your inability to access the Website during any downtime or discontinuation. Nothing in these Terms shall be construed to obligate us to maintain or update the Website or any related services.

20. GOVERNING LAW

These Terms and Conditions and your use of the Website shall be governed by and construed in accordance with international laws and principles, without regard to conflict of law rules. Any dispute arising out of or relating to these Terms shall be subject to resolution by international arbitration or courts of competent jurisdiction as agreed by the parties, unless local mandatory laws apply.

21. DISPUTE RESOLUTION

Informal Negotiations To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those expressly excluded below) informally for at least thirty (30) days before initiating arbitration. Informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those expressly excluded below) shall be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

Arbitration shall be initiated and conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where applicable, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”), both available at www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules, and may be limited if deemed excessive by the arbitrator. We will cover arbitration costs if such fees are deemed excessive. Arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will issue a written decision, and need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

Unless otherwise required by AAA rules or applicable law, arbitration shall take place in an internationally recognized neutral location or online, subject to mutual agreement. The Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enforce an arbitration award.

If a Dispute proceeds in court instead of arbitration, the Dispute shall be brought in the courts of a mutually agreed jurisdiction and both Parties consent to such jurisdiction, waiving all objections based on venue or personal jurisdiction.

Restrictions The Parties agree that any arbitration shall be limited to the Dispute between the individual Parties. To the fullest extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiation and Arbitration The Parties agree that the following Disputes are not subject to the above provisions regarding informal negotiations and binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, a Party’s intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, privacy violations, or unauthorized use; and (c) any claim for injunctive relief.

22. CORRECTIONS

The Website may contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice.

23. DISCLAIMER

The Website is provided on an “AS IS” and “AS AVAILABLE” basis. You agree that your use of the Website and our services is at your sole risk. TO THE FULLEST EXTENT PERMITTED BY INTERNATIONAL LAW, we disclaim all warranties, express or implied, in connection with the Website and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no warranties or representations about the accuracy or completeness of the Website’s content or the content of any websites linked to this Website and assume no liability or responsibility for: (1) errors, mistakes, or inaccuracies of content and materials; (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website; (3) any unauthorized access to or use of our secure servers and/or any and all personal or financial information stored therein; (4) any interruption or cessation of transmission to or from the Website; (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website by any third party; and/or (6) any errors or omissions in any content or materials, or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Website.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked website, or featured in any banner or other advertising, and we are not a party to or in any way responsible for monitoring any transaction between you and third-party providers of products or services. As with any purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

24. LIMITATIONS OF LIABILITY

IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US IN THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING, WHICHEVER IS GREATER.

Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers or limitations above may not apply, and you may have additional rights.

25. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand—including reasonable attorneys’ fees and expenses—made by any third party due to or arising out of: (1) your use of the Website; (2) your breach of these Terms and Conditions; (3) any breach of your representations and warranties set forth in these Terms and Conditions; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any harmful act toward any other user of the Website with whom you connected via the Website.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims at your expense. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification once we become aware of it.

26. USER DATA

We will maintain certain data that you transmit to the Website for the purpose of managing the performance of the Website, as well as data relating to your use of the Website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website.

You agree that we shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from any such loss or corruption.

27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically—via email or on the Website—satisfy any legal requirement that such communication be in writing.

YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

28. USERS IN VIETNAM

If your complaint with us is not satisfactorily resolved, you may contact the Consumer Affairs Department of Vietnam's Consumer Protection Authority by mail at 10 Trần Phú, Hà Đông, Hà Nội, Vietnam, or via email at [email protected].

29. MISCELLANEOUS

These Terms and Conditions, along with any policies or operating rules posted by us on the Website or in relation to the Website, constitute the entire agreement and understanding between you and us.

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms and Conditions or use of the Website. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signature by the parties hereto to execute these Terms and Conditions.

30. CONTACT US

To resolve a complaint regarding the Website or to receive further information regarding use of the Website, please contact us at:

PreviousFAQsNextPrivacy Policy

Last updated