Huewan Terms and Conditions - Updated January 2023
Welcome to Huewan! As used in these Terms and Conditions, “Terms” refers to these Terms and Conditions; “Huewan”, "us", "we" or “our” refers to Huewan, Inc. and its affiliates; “you” and “your” shall refer to any individual or entity who accepts these Terms; “Site” or “Website” refers to www.huewan.com as well as the other websites that Huewan operates and that link to these Terms; “Services” refers to the Service Agreement. Except where herein specifically granted, nothing in these Terms confer any third-party benefits or rights.
PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.
These Terms are entered into by and between Huewan and you, and is made effective as of the date of your use of this Website or the date of electronic acceptance.
THESE TERMS DO NOT APPLY TO YOUR ACCESS TO AND THE USE OF HUEWAN PRODUCTS AND SERVICES WE MARKET ON OUR WEBSITE. Our Services (“SERVICES”) are governed by our Service Agreement.
By agreeing to these Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; and (ii) that your use of the Website is in compliance with any and all applicable laws and regulations.
Welcome to www.huewan.com. The Site is comprised of various web pages operated by Huewan. Use of this Site is conditioned on your acceptance without modification of the terms, conditions, and notices contained herein . Your use of www.huewan.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.huewan.com is an E-Commerce Site.
The purpose of this website is to develop, design, host, update, and maintain user website. In addition, we offer email, logo design, social media management, search engine optimization SEO, digital marketing, print marketing, consulting, marketing strategy, photography, videography, copywriting, graphic design, and other marketing-related services.
Your License to Us
When you provide User Content via the Services, you grant Huewan (including our third party hosting providers acting on our behalf) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services. This Section does not affect any rights you may have under applicable data protection laws.
Featuring Your Site
We may feature your sites, names, trademarks, service marks or logos used on your sites. Use of any of our services grants us royalty-free, non-exclusive rights, worldwide to use any version of your sites or any portion without limitations such as names, trademarks, or logos. For example, we may feature your company on our website or share your website on our social media pages. You waive any claims against us correlating with any moral rights, artists’ rights or other similar rights worldwide that you may have in or to your sites, names, trademarks, or logos and any right of examination or approval of such use. This section does not affect any rights you may have under applicable data protection laws.
Fees for Service
Each website is charged a non-refundable startup fee that is calculated on the size of the project. The user can cancel services at no additional charge within 30 days of the inception of their first term.
The users’ data will be on our content delivery network CDN to increase the speed and reliability of their website.
We offer an uptime guarantee of 99.9% available time per month. Should we not keep the 99.9% uptime guarantee, you may request an account credit of up to 5% of your monthly managed website hosting fee. The credit may be used for any future purchases of our services, and it excludes applicable taxes. The uptime guarantee does not apply to interruptions caused by: (1) maintenance or repairs we may make from time to time; (2) interruptions from third-party applications; (3) outages that only affect services other than your website appearance, i.e. email, ftp.; (4) causes that are not foreseeable or beyond our control; and (5) outages related to programming environments.
Following our monthly maintenance, the look, layout, hypertext, links, images, and website of your website may change. We will make efforts to keep your site looking as it did prior to updates and maintenance, however, this is not guaranteed.
We are not responsible for any lost content or data provided to us by the user.
Our Search Engine Optimization SEO packages are 1 year subscriptions unless otherwise stated. For SEO, we cannot guarantee results as the results are based on the targeted search engine and SEO algorithms are exogenous.
Huewan reserves the right to change its prices at any time, which will go into effect upon renewal. Before renewal, we will provide you with a renewal notice with proposed pricing. If you do not approve of the pricing, you must cancel the applicable paid service 48 hours prior to your renewal.
We reserve the right to dispute any chargebacks or reversals of charges relating to payments made to us. We reserve the right to automatically terminate your account in such instances. If you have questions about a payment made to us, please reach out to us before filing a chargeback.
Our Payment Processor
We are not a party to nor are we liable for your eCommerce activities in which you provide or sell products and/or services to, or collect payments from your end users. You are entirely responsible for your eCommerce activities and compliance with laws and regulations related to it without limitation to the following:
You are solely responsible for
- Collecting, reporting and remitting required taxes to proper government authorities
- All taxes and fees association with your eCommerce activities, including without limitation, any taxes related to the purchase or sale of products or services in connection with your eCommerce store
- Communicating with customers about required taxes and providing them with receipts/invoices as required by applicable law
- Following distance sales thresholds in the EU and other indirect taxes including value-added tax or goods and services tax and registration thresholds in the countries where you have customers or where you provide your services to or ship your goods to.
- Registering for indirect taxes in countries where it is required that you register.
You also agree that any tax estimates, reporting or related materials that we may supply through our services are for demonstrations only and you may not rely on them to comply with your tax obligations. We do not provide any tax advice and nothing we say should be interpreted as such.
- Fulfillment And Delivery
The sole responsibility of fulfilling and delivering your services or products to your end users relies completely on you.
- Claims And Warranties
Any claims or warranties you make through your eCommerce and any claims End Users make against you, is your sole responsibility.
- Customer Service
Any comments or complaints related to your eCommerce website, including without limitation to any issues related to payments, promotions, refunds or chargebacks is your sole responsibility. You agree to provide accurate and complete contact information on your website so that your end user can reach out to you directly about their comments or complaints.
- Site Terms, Policies And Legal Compliance
- eCommerce Restrictions
You may not offer or sell any products or services which, in our sole discretion, we consider hazardous, counterfeit, prohibited for sale or distribution, fraudulent, abusive or adverse to Huewan’s interests or reputation. This also includes products or services that fail to comply with any applicable laws or regulations, including without limitation with respect to intellectual property, privacy or publicity rights, trade secrets, consumer protection, product safety or trade regulations or export controls, regulations or sanctions.
- eCommerce Suspensions
At any time, without notice and with our sole discretion, we may suspend, restrict or disable access to or remove your account or sites without any liability to you or any end users. This includes without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by applicable law).
- eCommerce Payment Processors
To accept payments on your eCommerce site, you can integrate with third party payment processors. Your relationship with these payment processors is governed by their terms and policies. We do not control and we are not liable for the payment processors or any transactions you may enter into with or through the payment processors. We may at our sole discretion, and without notice to you, suspend, restrict or disable access to any eCommerce payment processors without any liability to you or to any end users, including without limitation for any loss of profits, data, revenue, goodwill or other intangible losses (except where prohibited by applicable law).
Visiting this Website or sending emails to Huewan constitutes electronic communications. You agree to receive electronic communications and that all agreements, notices, disclosures, and other communications provided electronically through the Website and email satisfy any legal requirements that such communications be in writing.
You are responsible for the confidentiality of your account on huewan.com and for restricting access to your computer. You agree to accept the responsibility for all activities that occur under your account. You may not assign or transfer your account to any other person or entity. You acknowledge that we are not responsible for third party access to your account that may result from theft or misappropriation of your account. We reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Automatic Subscription Renewals
To ensure uninterrupted service, we'll automatically bill you for certain Paid Services from the date you submit your initial payment and on each renewal period or amount afterwards until cancellation. Your renewal period will be equal in time or amount to the renewal period of your current subscription. We’ll automatically charge you the applicable amount using the payment method you have on file with us and by agreeing to these Terms, you authorize us to do this. We’ll let you know in advance if you’re purchasing a Paid Service that includes auto-renewal payments.
To avoid interrupted services, we will automatically bill you for paid services from the date you submit your first payment and on the renewal date until cancellation. Your renewal period will be equal in time or add up to the renewal period of your current subscription. Your payment method on file will automatically be charged and by agreeing to these terms, you authorize us to do this.
Only Use Content You’re Allowed to Use
You represent and warrant that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions necessary to use, share, display, transfer and license your User Content via the Services and in the manner set forth in these Terms. If we use your User Content in the ways described in these Terms, you represent and warrant that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets or any other intellectual property or proprietary rights. Also, content on the Services may be protected by others' intellectual property, trade secret or other rights. Please don't copy, upload, download or share content unless you have the right to do so.
You represent that you have the complete rights to your user content or otherwise have and will continue to have all rights and permissions essential to use, share, display, transfer and license your user content through the services and in the manner set forth in these terms. You represent that your content will not infringe or violate the rights of any third party, without limitation to any copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets or any other intellectual property or proprietary rights. Do not copy, download, upload or share content unless you have the full right to do so.
Follow the Law
You represent and warrant that your use of the Services is in compliance with applicable laws, including without limitation applicable export or import controls and regulations and sanctions. Any violations of this clause, or breaking of any state, or federal law, will result in immediate cancellation or termination without a refund.
You represent that your use of the services follows applicable laws and is in compliance, including, without limitation, appropriate export or import controls, regulations, and sanctions. Any violations or breaking any state or federal law, will result in instant cancellation or termination without a refund.
Your Sites And Your End Users Are Your Responsibility
Your Sites may have their own visitors, customers and users (“End Users”). You understand and agree that (a) Your Sites and your End Users are your responsibility; (b) you’re solely responsible for providing products, services and support to your End Users; and (c) you’re solely responsible for compliance with any laws or regulations related to Your Sites and/or your End Users. We’re not liable for, and won’t provide you with any legal advice regarding, Your Sites or your End Users. This does not limit or affect any liability we may have to you separately for any breach of the other provisions of these Terms.
Your sites and your end users are your responsibility and you are solely accountable to provide products, services and support to your end users. Huewan is not liable and will not provide you with any legal advice. This does not limit or affect any liability we may have to you independently for any violation of the other provisions of these terms.
HIPAA Enabled Accounts
If your use of the Services requires you to comply with industry-specific regulations applicable to such use, such as HIPAA, you will be solely responsible for such compliance, except to the extent Huewan has agreed with you in writing otherwise. You are not permitted to use the Services in any way that would subject Huewan to such industry-specific regulations without obtaining Huewan’s prior written agreement. For example, you may not use any Services to collect, use, disclose, protect or otherwise handle “protected health information” (as defined in 45 C.F.R. §160.103 under US federal regulations) unless your Account for such Services is designated as HIPAA-enabled and you enter into a separate business associate agreement with Huewan.
You will be solely responsible for compliance with industry-specific regulations applicable to such use if your use of the services requires you to comply such as HIPAA. You will be solely responsible for such compliance, except to the extent that Huewan has agreed with you in writing otherwise. You are not granted the right to use the services in any way that would subject Huewan to such industry-specific regulations without acquiring Huewan’s prior written agreement.
Children Under Thirteen
Huewan does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use huewan.com only with the permission of a parent or guardian.
All payments for subscriptions or services purchased from Huewan are due as stipulated in the relevant invoice or purchasing agreement. Monthly subscriptions or service payments are due on the 1st of each month and will be charged automatically via an ACH debit or Credit Card, and processing fees may apply. If a payment is not received by the due date, a late fee of 10% of the outstanding amount will be charged immediately. This late fee is designed to compensate for the inconvenience caused by the delay in receiving funds. Continued failure to make payment may result in additional late fees accumulating on the account, compounding for each period the payment remains unsettled. Furthermore, Huewan reserves the right to suspend or terminate services provided to the customer if payments are not received within a reasonable timeframe following the due date. Customers experiencing difficulties in making their payment are encouraged to contact Huewan's customer service team to discuss potential alternative arrangements or payment plans. Please note that any special arrangements are offered at Huewan's sole discretion and must be agreed upon in writing.
You may cancel your subscription at any time. Any cancellations made by a user will require the remaining contract balance or remaining payments to be satisfied before termination or cancellation is accepted and complete. In the event that a canceling user would like to take their website content and data, additional data transfer fees will apply. The User Data Transfer Fees are as follows: Cancellation during the first term is $1,199, Cancellation during the second term $599 and Cancellation during the third term or greater is $0. If the user does not cancel prior to 48 hours of their renewal, they will be automatically renewed for another term.
Links to Third Party Sites/Third Party Services
www.huewan.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Huewan and Huewan is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Huewan is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Huewan of the site or any association with its operators.
Certain services made available via www.huewan.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.huewan.com domain, you hereby acknowledge and consent that Huewan may share such information and data with any third party with whom Huewan has a contractual relationship to provide the requested product, service or functionality on behalf of www.huewan.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Huewan or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Huewan content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Huewan and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Huewan or our licensors except as expressly authorized by these Terms.
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported via the process described in our Copyright Policy, which is incorporated by reference into these Terms. We reserve the right to delete or disable content alleged to be infringing, and to terminate Accounts of repeat infringers without any refunds.
We respond to notices of alleged copyright infringement if they comply with the law and such notices should be reported. We reserve the right to delete or disable content alleged to be infringing and to terminate accounts without any refunds.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Huewan has no obligation to monitor the Communication Services. However, Huewan reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Huewan reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Huewan reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Huewan's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Huewan does not control or endorse the content, messages or information found in any Communication Service and, therefore, Huewan specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Huewan spokespersons, and their views do not necessarily reflect those of Huewan.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to www.huewan.com or Posted on Any Huewan Web Page
Huewan does not claim ownership of the materials you provide to www.huewan.com (including feedback and suggestions) or post, upload, input or submit to any Huewan Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Huewan, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Huewan is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Huewan's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your Huewan account to third party accounts. By connecting your Huewan account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Huewan from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Huewan Content accessed through www.huewan.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
California Consumer Privacy Act
With respect to the California Consumer Privacy Act (Cal. Civ. Code §§ 1798.100 - 1798.199), as may be modified from time to time (collectively, “CCPA”), solely if applicable to you and solely with respect to data of your “Consumers” (as defined under the CCPA) which meets the definition of “Personal Information” under the CCPA and for which you are responsible under the CCPA (“Service Provider PI”), the parties agree that Huewan acts as a “Service Provider” and you are a “Business” (as such terms are defined under the CCPA). Huewan and you shall comply with our and your respective obligations under the CCPA. For example, Huewan shall not sell your Service Provider PI or otherwise disclose your Service Provider PI for a commercial purpose. Notwithstanding the foregoing, you agree that in accordance with the CCPA, Huewan may combine Personal Information of the End Users of you or other Businesses for which Huewan is a Service Provider for the purposes of detecting data security incidents or protecting against fraudulent or illegal activity. This combined Personal Information includes IP addresses, preferences, web pages visited prior to coming to your or another Business’ website, information about browser, network or device (such as browser type and version, operating system, internet service provider, preference settings, unique device IDs and language and other regional settings), and information about how End Users interact with your or another Business’ website (such as timestamps, clicks, scrolling, browsing times and load times).
Huewan and you must comply with our and your respective responsibilities under the CCPA. Nevertheless, you agree that in accordance with the CCPA, Huewan may collect personal information of the end users of you or other businesses for which Huewan is a service provider for the intentions of discovering data security incidents or protecting against fraudulent/illegal activity. This combined information includes IP addresses, preferences, web pages visited prior to coming to your or another businesses’ website, information about your browser, network or device, and information about how end users interact with your or another business' website including but not limited to timestamps, browsing times, load times, etc.
We Can Use Your Feedback For Free
We welcome your feedback, ideas or suggestions (collectively, “Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after these Terms is terminated. This Section does not limit or affect any rights you may have under applicable data protection laws.
Your feedback, suggestions and ideas are welcomed and we may use it without any restriction or obligation to you, even after these terms are terminated.
You Must Comply With Data Protection, Security And Privacy Laws
You agree and warrant that you are solely responsible when using Your Sites or the Services for complying with applicable data protection, security and privacy laws and regulations (including, where applicable, the EU General Data Protection Regulation and the EU e-Privacy Directive/Regulation), including any notice and consent requirements. This includes without limitation the collection and processing by you of any personal data, when you use Your Sites and the Services to send marketing and other electronic communications to individuals and when using cookies and similar technologies on Your Sites (including, in particular, those which we place for you at your request as part of the Services, such as to undertake analytics for you).
You warrant that you are solely responsible for using your sites and/or services for complying with applicable data protection, security and privacy laws and regulations including any notice and consent requirements. This includes the EU General Data Protection Regulation and the EU e-Privacy Directive/Regulation when applicable. Without limitation, this includes the collection and processing by you of any personal data when you use your sites and the services to send marketing and other communications to individuals and when using cookies or similar technologies on your sites. This includes those which we place for you at your request as part of the services such as analytics.
All fees are exclusive of applicable national, provincial, state, local or other taxes (“Taxes”), unless explicitly stated otherwise. You're responsible for all applicable Taxes, and we'll charge Taxes in addition to the fees for the Services when required to do so. If you're exempt from Taxes, you must provide us with valid tax exemption documentation. We reserve the right to determine if the documentation provided is valid. Tax exemption will, provided we’re satisfied it’s valid and applicable, only apply from and after the date we receive such documentation.
You are responsible for all fees that are exclusive of applicable national, provincial, state, local or other taxes (“Taxes”) unless explicitly stated otherwise. We will charge taxes in addition to the fees for the services when required to do so. If you are exempt from taxes, you must provide us with a valid tax exemption documentation. We have the right to determine if the documentation is valid. If valid, tax documentation will only apply from and after the date we receive it.
To the fullest extent permitted by applicable law, Huewan makes no warranties, either express or implied, about the Services. The Services are provided “as is” and “as available”. Huewan also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from Huewan, shall create any warranty. Huewan makes no warranty or representation that the Services will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components.
Huewan makes no warranties, either express or implied, about the services to the fullest extent permitted by applicable law. Services provided are “as is” and “as available.” Huewan also denies any warranties of merchantability, fitness for a specific purpose and non-infringement. Huewan makes no warranty or representation that the services will be timely, continuous or free of mistakes, meet your requirements or expectations or free from viruses or other harmful components.
13.2. Exceptions. Under certain circumstances, some jurisdictions don't permit the disclaimers in Section 13.1, so they may not apply to you. However, the disclaimers apply to the maximum extent permitted by applicable law. You may have other statutory rights and nothing in these Terms affects your statutory rights or rights under mandatory laws. The duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by applicable law.
We may modify these Terms from time to time, and will post the most current version on our site. If a modification meaningfully reduces your rights, we’ll notify you (by, for example, sending you an email or displaying a prominent notice within the Services). The notice will designate a reasonable period after which the new terms will take effect. Modifications will not apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Termsand price changes. If you disagree with our changes, then you must stop using the Services and cancel all Paid Services.
We have the right to modify these terms from time to time and we will post the most recent version on our site. By continuing to use or access the services after any modifications come into effect, you agree to be bound by the modified terms and price changes. If you disagree with our changes, then you must contact us.
Events Beyond Our Control
We are not in breach of these Terms or liable to you if there is any total or partial failure of performance of the Services resulting from any act, circumstance, event or matter beyond our reasonable control. This may include where such results from any act of God, fire, act of government or state or regulation, war, civil commotion, terrorism, insurrection, inability to communicate with third parties for whatever reason, failure of any computer dealing or necessary system, failure or delay in transmission of communications, failure of any internet service provider, strike, industrial action or lock-out or any other reason beyond our reasonable control.
If there is any total or partial failure of performance of the services resulting from any act, event, circumstance or matter beyond our reasonable control, we are not in breach of these terms or liable to you. This includes results from any act of God, fire, act of government or state regulation, war, civil commotion, terrorism, insurrection, inability to communicate with third parties for whatever reason, strike, feailure of any computer dealing or necessary system, failure or delay in transmission of communications, failure of any internet service provider or any other reason beyond our reasonable control.
Unlimited and Reasonable Use
The term “unlimited” is subject to a reasonable use clause. Website Care management, at its sole and exclusive discretion, determines the definition of reasonable use. Customers deemed to be abusing the Website Care service will be contacted by the Website Care management. Website Care management retains the sole and absolute discretion to suspend service to you if we deem necessary.
You agree to indemnify, defend and hold harmless Huewan, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of the Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Huewan reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Huewan in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Huewan agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HUEWAN INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
HUEWAN INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HUEWAN INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Huewan reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, these Terms are governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Huewan as a result of these Terms or use of the Site. Huewan's performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Huewan's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Huewan with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
Unless otherwise specified herein, these Terms constitutes the entire agreement between the user and Huewan with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Huewan with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.
Changes to Terms
Huewan reserves the right, in its sole discretion, to change the Terms under which www.huewan.com is offered. The most current version of the Terms will supersede all previous versions. Huewan encourages you to periodically review the Terms to stay informed of our updates.
Huewan welcomes your questions or comments regarding the Terms:
1217 Shorecrest Circle
Clermont, Florida 34711
Effective as of February 01, 2020