OVERVIEW
This website is operated by Kutesmart (RCMTM). Throughout the
site,the terms “we”, “us” and “our” refer to Kutesmart (RCMTM).
Kutesmart (RCMTM) offers this website, including all
information, tools and services available from this site to you,
the user, conditioned uponyour acceptance of all terms,
conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you
engage in our “Service” and agree to be bound by the following
terms andconditions (“Terms of Service”, “Terms”), including
those additional terms and conditions and policies referenced
herein and/or available by hyperlink. These Terms of Service
apply to all users of the site, including without limitation
users who are browsers, vendors,customers, merchants, and/ or
contributors of content.
Please read these Terms of Service carefully before accessing or
usingour website. By accessing or using any part of the site,
you agree to be bound by these Terms of Service. If you do not
agree to all theterms and conditions of this agreement, then you
may not access the website or use any services. If these Terms
of Service are consideredan offer, acceptance is expressly
limited to these Terms of Service.
Any new features or tools which are added to the current store
shall also be subject to the Terms of Service. You can review
the most current version of the Terms of Service at any time on
this page. We reserve the right to update, change or replace any
part of these Termsof Service by posting updates and/or changes
to our website. It is your responsibility to check this page
periodically for changes. Your continued use of or access to the
website following the posting of any ccaotc
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you
are atleast the age of majority in your state or province of
residence, or that you are the age of majority in your state or
province of residence and you have given us your consent to
allow any of your minor dependents to use this site.
You
may not use our products for any illegal or unauthorized purpose
nor may you, in the use of the Service, violate any laws in your
jurisdiction (including but not limited to copyright laws).You
must not transmit any worms or virusesor any code of a
destructive nature.
A breach or violation of anyof the Terms will result in an
immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
"、We reserve the right to refuse service to anyone for any
reason at any time.
You understand that your content (not including credit
card information), may be transferred unencrypted and involve
(a) transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting
networks or devices. Credit card information is always encrypted
during transfer over
You agree not to reproduce, duplicate,
copy, sell, resell or exploit any portion of the Service, use of
the Service, or access to the Service or any contact on the
website through which the service is provided, without express
written permission by us.
The headings used in this agreement are included for convenience
only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this
site isnot 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. We reserve the right to modify the contents
of this site at any time, but we have no obligation to update
any information on our site. You agree that it is your
responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the
Service (or any part or content thereof) without notice at any
time.
We shall not be liable to you or to any third-party for any
modification, price change, suspension or discontinuance of the
Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online
through the website. These products or services may have limited
quantities and are subject to return or exchange only according
to our Return Policy.
We have made every effort to display as accurately as possible
the colors and images of our products that appear at the store.
We cannot guarantee that your computer monitor's display of any
color will be accurate.
We reserve the right, but are not obligated, to limit the sales
of our products or Services to any person, geographic region or
jurisdiction. We may exercise this right on a case-by-case
basis. We reserve the right to limit the quantities of any
products or services that we offer. All descriptions of products
or product pricing are subject to change at anytime without
notice, at the sole discretion of us. We reserve the right to
discontinue any product at any time. Any offer for any product
or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services,
information, or other material purchased or obtained by you will
meet your expectations, or that any errors in the Service will
be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We
may, in our sole discretion, limit or cancel quantities
purchased per person, per household or per order. These
restrictions may include orders placed by or under the same
customer account, the same credit card, and/or orders that use
the same billing and/or shipping address. In the event that we
make a change to or cancel an order, we may attempt to notify
you by contacting the e-mail and/or billing address/phone number
provided at the time the order was made. We reserve the right to
limit or prohibit orders that, in our sole judgment, appear to
be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and
account information for all purchases made at our store. You
agree to promptly update your account and other information,
including your email address and credit card numbers and
expiration dates, so that we can complete your transactions and
contact you as needed.
For more detail, please review our Returns Policy
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which
we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools
”as is” and “as available” without any warranties,
representations or conditions of any kind and without any
endorsement. We shall have no liability whatsoever arising from
or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is
entirely at your own risk and discretion and you should ensure
that you are familiar with and approve of the terms on which
tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features
through the website (including, the release of new tools and
resources). Such new features and/or services shall also be
subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service
may include materials from third-parties.
Third-party links on this site may direct you to third-party
websites that are not affiliated with us. We are not responsible
for examining or evaluating the content or accuracy and we do
not warrant and will not have any liability or responsibility
for any third-party materials or websites, or for any other
materials, products, or services of third-parties.
We are not liable for any harm or damages related to the
purchase or use of goods, services, resources, content, or any
other transactions made in connection with any third-party
websites. Please review carefully the third-party's policies and
practices and make sure you understand them before you engage in
any transaction. Complaints, claims, concerns, or questions
regarding third-party products should be directed to the
third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for
example contest entries) or without a request from us you send
creative ideas, suggestions, proposals, plans, or other
materials, whether online, by email, by postal mail, or
otherwise (collectively, 'comments'), you agree that we may, at
any time, without restriction, edit, copy, publish, distribute,
translate and otherwise use in any medium any comments that you
forward to us. We are and shall be under no obligation (1) to
maintain any comments in confidence; (2) to pay compensation for
any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove
content that we determine in our sole discretion are
unlawful,offensive, threatening, libelous, defamatory,
pornographic, obscene or otherwise objectionable or violates any
party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any
third-party, including copyright, trademark, privacy,
personality or other personal or proprietary right. You further
agree that your comments will not contain libelous or otherwise
unlawful, abusive or obscene material, or contain any computer
virus or other malware that could in any way affect the
operation of the Service or any related website. You may not use
a false e-mail address, pretend to be someone other than
yourself, or otherwise mislead us or third-parties as to the
origin of any comments. You are solely responsible for any
comments you make and their accuracy. We take no responsibility
and assume no liability for any comments posted by you or any
third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is
governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the
Service that contains typographical errors, inaccuracies or
omissions that may relate to product descriptions, pricing,
promotions, offers, product shipping charges, transit times and
availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information
or cancel orders if any information in the Service or on any
related website is inaccurate at any time without prior notice
(including after you have submitted your order).
We undertake no obligation to update, amend or clarify
information in the Service or on any related website, including
without limitation, pricing information, except as required by
law. No specified update or refresh date applied in the Service
or on any related website, should be taken to indicate that all
information in the Service or on any related website has been
modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of
Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform
or participate in any unlawful acts; (c) to violate any
international, federal, provincial or state regulations, rules,
laws, or local ordinances; (d) to infringe upon or violate our
intellectual property rights or the intellectual property rights
of others; (e) to harass, abuse, insult, harm, defame, slander,
disparage, intimidate, or discriminate based on gender, sexual
orientation, religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or misleading information; (g)
to upload or transmit viruses or any other type of malicious
code that will or may be used in any way that will affect the
functionality or operation of the Service or of any related
website, other websites, or the Internet; (h) to collect or
track the personal information of others; (i) to spam, phish,
pharm, pretext, spider, crawl, or scrape; (j) for any obscene or
immoral purpose; or (k) to interfere with or circumvent the
security features of the Service or any related website, other
websites, or the Internet. We reserve the right to terminate
your use of the Service or any related website for violating any
of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our
service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the
use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for
indefinite periods of time or cancel the service at any time,
without notice to you.
You expressly agree that your use of, or inability to use, the
service is at your sole risk. The service and all products and
services delivered to you through the service are (except as
expressly stated by us) provided 'as is' and 'as available' for
your use, without any representation, warranties or conditions
of any kind, either express or implied, including all implied
warranties or conditions of merchantability, merchantable
quality, fitness for a particular purpose, durability, title,
and non-infringement.
In no cas shall Kutesmart (RCMTM), our directors, officers,
employees, affiliates, agents, contractors, interns, suppliers,
service providers or licensors be liable for any injury, loss,
claim, or any direct, indirect, incidental, punitive, special,
or consequential damages of any kind, including, without
limitation lost profits, lost revenue, lost savings, loss of
data, replacement costs, or any similar damages, whether based
in contract, tort (including negligence), strict liability or
otherwise, arising from your use of any of the service or any
products procured using the service, or for any other claim
related in any way to your use of the service or any product,
including, but not limited to, any errors or omissions in any
content, or any loss or damage of any kind incurred as a result
of the use of the service or any content (or product) posted,
transmitted, or otherwise made available via the service, even
if advised of their possibility. Because some states or
jurisdictions do not allow the exclusion or the limitation of
liability for consequential or incidental damages, in such
states or jurisdictions, our liability shall be limited to the
maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Kutesmart
(RCMTM) and our parent, subsidiaries, affiliates, partners,
officers, directors, agents, contractors, licensors, service
providers, subcontractors, suppliers, interns and employees,
harmless from any claim or demand, including reasonable
attorneys’ fees, made by any third-party due to or arising out
of your breach of these Terms of Service or the documents they
incorporate by reference, or your violation of any law or the
rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is
determined to be unlawful, void or unenforceable, such provision
shall nonetheless be enforceable to the fullest extent permitted
by applicable law, and the unenforceable portion shall be deemed
to be severed from these Terms of Service, such determination
shall not affect the validity and enforceability of any other
remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to
the termination date shall survive the termination of this
agreement for all purposes.
These Terms of Service are effective unless and until terminated
by either you or us. You may terminate these Terms of Service at
any time by notifying us that you no longer wish to use our
Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have
failed, to comply with any term or provision of these Terms of
Service, we also may terminate this agreement at any time
without notice and you will remain liable for all amounts due up
to and including the date of termination; and/or accordingly may
deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision
of these Terms of Service shall not constitute a waiver of such
right or provision.
These Terms of Service and any policies or operating rules
posted by us on this site or in respect to The Service
constitutes the entire agreement and understanding between you
and us and govern your use of the Service, superseding any prior
or contemporaneous agreements, communications and proposals,
whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service
shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we
provide you Services shall be governed by and construed in
accordance with the laws of China.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service
at any time at this page.
We reserve the right, at our sole discretion, to update, change
or replace any part of these Terms of Service by posting updates
and changes to our website. It is your responsibility to check
our website periodically for changes. Your continued use of or
access to our website or the Service following the posting of
any changes to these Terms of Service constitutes acceptance of
those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
rcmtm@kutesmart.com.