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When you visit www.xcpad.com website, whether you are just browsing or buying products, you must abide by the terms and conditions set forth herein. These Terms of Service apply to all users, registered or unregistered.
By accessing or using this site, you agree to be bound by this site’s Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree to these terms, you are prohibited from using or accessing this website. The material contained on this website is protected by applicable copyright and trademark laws.
You need to register for an account to use some of the services offered on the site. When you register for an account, you agree to provide information about yourself that is true, accurate, current and complete in all respects. If you are under the age of 18, you must let your parent or guardian know about Shanghai Travel before registering to use the Site and Services.
When using this site, you agree to be responsible for all activities that occur through your account. It is your responsibility to keep your account and password secure.
Use our website to place an order. You represent and warrant that:
(a) you are legally capable of entering into a binding contract;
(b) you are at least 18 years of age;
(c) hold a valid debit/credit card;
(d) you are a consumer, not a business.
Accuracy, Completeness and Timeliness of Information
Xcpad are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. Xcpad reserve the right to modify the contents of this site at any time, but Xcpad have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Proprietary Rights and Licenses
All text, software, music, sound, photos, graphics, videos, page layouts, designs and other materials contained on our website or as part of our services are protected by us and our copyrights, trademarks, service marks, patents or other proprietary rights and laws. Xcpad own or are authorized to use all intellectual property rights (including all copyrights, patents, trademarks and trade secrets), which are related to and used in all versions of the website and our services, the software Xcpad use to operate the website and services, and any data generated by users of the website and services (including data obtained from you during registration). You are not allowed to change, copy, store, publish, lease, license, sell or distribute any of these intellectual property rights in any way unless expressly authorized. When you send or publish any material to our website, you grant us a non exclusive, worldwide, permanent, royalty free license based on your copyright and other intellectual property rights to use, display or distribute the material in any way without any liability to you.
Advertising and Promotion
Xcpad can use our website or any service Xcpad provide, or in any letter Xcpad send to you, to provide products and services for us or any of its subsidiaries, or any person or company officially authorized by us to advertise or promote their products or services through us.
Link to This Site
Without our prior written permission, it is prohibited to create or maintain any link from other websites to any page of this website. Without our prior written permission, it is prohibited to run or display this website or any materials displayed on this website in a frame or similar manner on other websites. Any permitted links to this website must comply with all applicable laws, regulations and rules.
While Xcpad strive to ensure the normal availability of this website 24 hours a day, Xcpad will not assume any responsibility if this website is unavailable at any time or at any time for any reason.
In case of system failure, maintenance or repair, or for reasons beyond our control, Xcpad may temporarily stop visiting this website without notice.
Xcpad can provide or a third party can provide links or other websites or resources. These are provided purely for convenience, and Xcpad do not recognize the content of these websites. Xcpad are not responsible for the usability of these websites, nor for any loss or damage you may suffer from using these websites. If you decide to visit the linked third-party website, you will bear your own risk.
1. Your use of the website and our services is at your own risk. Websites and services are available as is and when available. Xcpad expressly deny all conditions of any kind, including but not limited to ownership conditions, applicability for specific purposes, satisfactory quality and non infringement of ownership or third party rights.
2. To the extent permitted by law, Xcpad do not guarantee
(a) The website and our services and/or any information will meet your requirements;
(b) Your access and use of the service will not be wrong;
(c) Any errors or inaccuracies will be corrected.
In addition, if your use of the website results in the need to repair or replace equipment or data, Xcpad will not bear the risk and cost.
3. Any oral or written advice or information you obtain through the website or from our services will not give rise to any warranty not expressly specified in these Terms and Conditions. If you have any questions about the above, please write to us [email protected]
You agree to indemnify and hold us harmless from any claim, action or demand (including any legal fees associated therewith) arising out of your misuse of our website or your breach of these terms. Xcpad will promptly notify you of any such claim, action or demand and assist you as reasonably necessary, provided you pay our costs and expenses (including our legal fees).
To the fullest extent permitted by law, in no event shall xcpad LLC be liable for damages of any kind (including, without limitation, special, incidental or consequential damages, lost profits or lost data, regardless of the foreseeability of such damages) . For or in connection with your use of this website or xcpad LLC data. This limitation applies regardless of damages arising from breach, tort, or any other legal theory or action.
No waiver by us of your breach of these Terms and Conditions shall be deemed a waiver of a subsequent breach of the same or any other provision.
Circumstances Beyond The Control of Either Party
Neither party shall be liable for any failure or delay in performance of its obligations by either party due to any cause beyond its reasonable control. Such causes include, but are not limited to, power outages, internet service provider failure, industrial action, civil disturbance, fire, flood, storm, earthquake, act of terrorism, act of war, government action, or any other event beyond the control of the interested party.
Use and Storage
Xcpad may establish general practices and restrictions on the use of the website and the services Xcpad provide, including limiting the size or number of emails you send, or limiting the time messages are stored or posted on our website. Xcpad reserve the right to delete any material at any time and Xcpad are not responsible for the deletion or failure to store or publish any material you may send us.
Suspension and Termination
Xcpad may suspend and/or terminate registration or use of our website or our services at any time in our sole discretion and will not be responsible or terminated for any loss or damage suffered by you or any third party as a result of such suspension. Generally, Xcpad will only do so if you have not used our services for a period of time or if Xcpad believe that your conduct does not comply with these terms and conditions. However, Xcpad may have other reasons for suspending and/or terminating the contract.
Law and Jurisdiction
The contract for the purchase of products through our website and any disputes or claims arising out of or in connection with it (including non-contractual disputes or claims) or its subject matter or formation will be governed by the laws of the United States. Any disputes or claims (including non-contractual disputes or claims) arising out of or in connection with such contracts or their conclusion will be subject to the non-exclusive jurisdiction of the courts of the United States.
Some of the information or communications that Xcpad are required by applicable laws to send to you should be in writing. When using our website, you accept that the communication with us is mainly electronic communication. Xcpad will contact you via email or provide you with information by posting a notice on our website. For the purpose of the contract, you agree to this electronic communication, and you acknowledge that all contracts, notices, information and other communications Xcpad provide to you electronically comply with any legal requirements for such communications to be in writing. This condition does not affect your legal rights.
Any dispute, controversy or claim (whether in contract, tort or otherwise), termination of or invalid, shall be resolved by final and binding arbitration in accordance with the then-current arbitration rules and procedures of the Judicial Arbitration and Mediation Services Company. Notwithstanding the foregoing, both you and xcpad LLC have the right to sue in a court of competent jurisdiction for injunctive or other equitable relief. Except for the fees of legal counsel, which shall be borne by the parties, all other arbitration fees and expenses shall be borne by either or both parties as awarded by the arbitral tribunal.
You may not act as a class representative or private attorney general or participate as a member of a claimant class for any claim. Many claims are not arbitrated on a class or representative basis. The arbitrator may only decide on your individual claim. The arbitrator shall not consolidate or join the claims of other persons or parties who may be in a similar situation.
If any provision of this section is found to be invalid or unenforceable, that particular provision will be void and shall be severed, but the remainder of this section shall remain in full force and effect. No waiver of any provision of this section shall be effective or enforceable unless recorded in a writing signed by the party waiving such right or claim. Such waiver shall not waive or affect any other part of these Terms. This section will survive the termination of your relationship with xcpad LLC.
These Terms, including policies and information linked from or incorporated herein, constitute the entire agreement between you and the xcpad LLC with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site.
At any time, xcpad LLC may, in its sole discretion and without prior notice, (a) revise these Terms with immediate effect; (b) modify the Site or any part thereof; or (c) discontinue the Site. xcpad LLC shall post any revision to these Terms to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
By using the site, you acknowledge that you have read these terms and agree to be bound by them.