These terms and conditions (“Terms of Use”) govern your use of the Bestway website at www.bestwaycorp.com, and any other sites we may provide from time to time (individually or collectively, the “Website”).
By accessing the Website, in any way, or by agreeing to provide submissions to Bestway, you are agreeing to these Terms of Use as well as our Privacy Policy, as they may be updated and amended from time to time. Should you object to any term or condition of the Terms of Use or Privacy Policy, you may not access or use the website and you should not agree to provide submissions to Bestway.
Bestway reserves the right to modify these Terms of Use at any time without notice, effective upon its posting to the Website. Your continued use of the Website constitutes your acceptance to the updated Terms of Use. Bestway has the right, but is not obligated, to strictly enforce the Terms of Use through self-help, community moderation, active investigation, litigation and prosecution.
Bestway trademarks displayed on this Website are trademarks and service marks exclusively and legitimately owned by Bestway in accordance with the local laws, relevant international conventions, treaties and protocols. All other trademarks are the sole property of their respective companies. In the absence of approval of Bestway, the use of these trademarks by any means is prohibited.
The Website is protected to the maximum extent permitted by copyright and intellectual property rights law and international treaties. All content displayed on or through the Website including but not limited to videos, photos, blogs, forums, product descriptions, FAQs is owned exclusively by Bestway and/or its affiliated companies and/or suppliers and/or licensors and is protected by copyright or other laws, including as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, display or creation of derivative works from or redistribution of the Website, any content on the Website or the collective work, and/or copying is prohibited including but not limited to reproduction to any other server or location for further reproduction or redistribution, unless you have the express prior written permission of Bestway. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.
You may not use the Website for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Website to solicit other Website visitors or users to visit, subscribe to, or register with any commercial online service or other organization, and/or collect or store personal data or attempt to collect or store personal data about other users of the Website.
Please refer to our Privacy Policy at http://bestwaycorp.com/PrivacyPolicy for an explanation of how we collect, maintain and use confidential and proprietary information from visitors to and users of our Website. By accessing, using or browsing the Website, you acknowledge and understand that you have read, understand, and agree to be bound by our Privacy Policy.
You acknowledge that you are responsible for any information, profiles, messages, text, files, images, photos, video, music, sounds, or other content or materials (“User Content”) that you submit, upload, post or otherwise provide or make available to Bestway or its vendors, on or through the Website or otherwise (“Submissions”), including User Content you agree to allow the use of that is on third party companies’ websites, for example Instagram, Twitter, Facebook, LinkedIn, Pinterest and Youtube. Such Submissions may be used on the Website and/or on other Bestway marketing materials, including emails, social media and store signage. You may only make a Submission if you are 18 years of age or over. If your Submission is selected by Bestway to be used, it may be displayed for other users to see, together with your name and associated Instagram, Twitter, Facebook or LinkedIn (if applicable) profile information (such as your profile picture). Bestway is under no obligation to display, feature or use any Submission, but may do so at its sole discretion.
Any Submission will be treated as non-confidential. Any Submission also will be treated as non-proprietary, except as specifically set forth herein. By making a Submission, you hereby grant, and you represent and warrant that you have the right to grant, Bestway, its affiliated entities, vendors and licensees a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, perform and display any Submission, as well as your name, Instagram, Twitter, or LinkedIn, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information, in any manner, and in any and all distribution channels, venues, forms, media, or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to you. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know-how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. Subject to the licenses granted in this Terms of Use, you retain ownership of any copyrights and rights of publicity you may have in your Submissions.
If you make a Submission, you represent and warrant that you own or otherwise control any rights to your Submission and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to grant the license contained in this Terms of Use for such third parties' names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality. You further represent and warrant that your Submissions comply with all applicable laws, rules and regulations, and any third party agreements to which you are subject, including Instagram, Twitter, Facebook, LinkedIn, Pinterest and Youtube’s Terms of Use.
You further represent and warrant that your Submissions do not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify Bestway and third parties such as Instagram, Twitter, Facebook, LinkedIn, Pinterest , Youtube and any of our or their respective parents, affiliates, licensees, licensors, and each of our or their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person's or entity's name, Instagram, Twitter, Facebook, LinkedIn, Pinterest and Youtube, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (b) any breach or alleged breach by you of any of these Terms of Use or applicable laws.
When you make a Submission, you acknowledge and agree that the Submission will be non-proprietary (except as specifically set forth herein) and non-confidential, may be made available to the general public, and may be used by Bestway without restriction. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.
Bestway reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission on the Website or otherwise use the Submission. The Website may include the opinions, statements and other content of third parties. Bestway is not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Website are those of such third parties and not of Bestway, including its licensors and/or vendors, and Bestway does not endorse any such opinions, statements, or materials.
You acknowledge and agree that Bestway has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any Submission.
Any questions, comments, suggestions, or other information about Bestway products or services submitted to Bestway through this Website (“Feedback”) shall be deemed non-confidential and non-proprietary. Bestway shall be free to use, reproduce, disclose and distribute such Feedback in any manner without limitation. Bestway specifically prohibits you from sending us any information that you consider to be confidential or proprietary through this Website. Please note that if you do send us any such information or material, the information will be non-confidential and non-proprietary and we can fully exploit the information without any obligation or liabilities to you.
You understand that all Feedback and User Content posted on, transmitted through, or linked from the Website, is the sole responsibility of the person from whom such Feedback and User Content originated. You understand that Bestway does not control, and is not responsible for Feedback and User Content made available through the Website and that by using the Website, you may be exposed to Feedback and User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Bestway expressly disclaims any liability for such Feedback and User Content.
You agree that you must evaluate, and bear all risks associated with, the use of any Feedback and User Content, that you may not rely on said Feedback and User Content, and that under no circumstances will Bestway be liable in any way for any Feedback and User Content or for any loss or damage of any kind incurred as a result of the use of any Feedback and User Content posted, emailed or otherwise made available. You acknowledge that Bestway does not pre-screen or approve Feedback and User Content, but that Bestway shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Feedback and User Content for any reason.
Your interactions with organizations, events and/or individuals found on or through the Website are solely between you and such organizations and/or individuals. Bestway expressly disclaims any liability for such organizations, events or individuals.
You agree not to transmit to Bestway any information or post, email, or otherwise make any Submission of User Content that: (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; (ii) is pornographic or depicts a human being engaged in actual sexual conduct; (iii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) impersonates any person or entity, including, but not limited to, a Bestway employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (v) that includes personal or identifying information about another person without that person's explicit consent; (vi) is false, deceptive, misleading, or deceitful; (vii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Submissions that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; (ix) constitutes or contains any form of advertising or solicitation if posted in areas of the Website which is not designated for such purposes or emailed to Bestway users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests; (x) advertises any illegal service; (xi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xii) disrupts the normal flow of dialogue with an excessive amount of Submissions (flooding attack) to the Website, or that otherwise negatively affects other users' ability to use the Website; or (xiii) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Submissions transmitted through the Website.
Additionally, you agree not to: (i) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; (ii) "stalk" or otherwise harass anyone through the Website; (iii) collect personal data about other users for commercial or unlawful purposes; (iv) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Website; (v) post irrelevant User Content, repeatedly post the same or similar User Content or otherwise impose an unreasonable loads on our infrastructure; (vi) post any deceptive events; or (vii) attempt to gain unauthorized access to Bestway computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website.
Bestway may refuse, delete, modify, edit or remove any Submissions at any time for any reason and Bestway may terminate your access to the Website at any time for violation of these terms of use or any other reason.
All products, services, and content available on or through the Website, including but not limited to prices and availability of such products and services, are subject to change and discontinuation at any time, in our sole discretion, without notice. The receipt of an e-mail order confirmation does not constitute acceptance of an order or a confirmation or an offer to sell. We reserve the right, without prior notification, to limit the order quantity of any item and/or refuse service to any customer for any reason not prohibited by law.
You agree that your use of the services shall be at your sole risk. Bestway does not promise that the site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the website will provide specific results. The website and its content are delivered on an “as-is” or “as-available” basis. All information provided on the site is subject to change without notice. Bestway cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features. To the fullest extent permitted by law, bestway, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the services and your use thereof. Bestway makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website. Bestway does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked services or featured in any banner or other advertising, and bestway will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
You assume total responsibility for your use of the website and any linked sites. Your sole remedy against bestway for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.
In no event shall bestway, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, (v) products or other services purchased through this website and/or any hyperlinked web site, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Your sole remedy for dissatisfaction with the site, site-related services, and/or hyperlinked web sites is to stop using the site and/or those services.
Bestway reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
The Website may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that Bestway is not responsible for the unavailability of, or the content located on or through, any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
The contents of the Website, including without limitation the text, images, audio, and video, and any materials accessed through or made available for use or download through this Website are protected under the copyright laws of the United States, People’s Republic of China, and WIPO Copyright Treaty ( WCT ) and all rights reserved except as expressly provided herein.
Bestway respect the intellectual property of others, and we ask our users to do the same. If you are a copyright owner or an agent thereof and believe that any content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”) by providing our Copyright Agent the following information in writing:
You may direct copyright infringement notifications to our Agent at: copyright@bestwaycorp.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
All content, products and services described or depicted on this Web site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time.
To the extent permissible by law, you agree to indemnify, defend, and hold harmless Bestway and its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, vendors, suppliers, and employees from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of any Submission provided by you, your unauthorized use of the Website or its contents, your violation of the Terms of Use, your breach of any representation or warranty herein, or your violation of any rights of another.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13.
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Bestway without restriction.
This Website is operated, in whole or in part, from the China. User access to this Website is governed by all region and local laws. All information available on the Website is subject to the laws of the country where you reside. All Bestway products and publications are commercial in nature. Bestway does not make any representations regarding the legality of access to or use of this Website or the information contained therein from other countries. Access in countries where the information contained herein or the products sold through this website are illegal is prohibited. Users who access this Website from outside of the China do so at their own risk and are responsible for compliance with applicable China export and local country laws. By using this Website, regardless of where you live in the world, you consent to have your personal data transferred to and processed and collected in the China in compliance with the privacy policy.
Some of the information on this Website may contain projections or other forward-looking statements regarding future events or the future financial performance of Bestway.
To the fullest extent permitted by law, these Terms of Use and any claim or dispute arising out of or relating to these Terms of Use, the Privacy Policy, or your use of the Website, will be governed by and construed in accordance with the laws of the People’s Republic of China, without regard to its choice of law provisions. The purchase of products or goods through this Website shall be governed by the United Nations Convention on Contracts for the International Sale of Goods (UN CISG). Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises. Any claim or dispute arising out of or relating to these Terms of Use, the Privacy Policy or your use of the Website shall be subject to the exclusive jurisdiction in China and you hereby consent and submit to the personal jurisdiction of such courts in China. If any provision of these Terms of Use are held to be unlawful, or for any reason, unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms of Use and the Privacy Policy constitute the entire agreement between you and Bestway with respect to the subject matter of the Terms of Use and Privacy Policy.
If you have any questions about these Terms of Use, please contact us.
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