Internet Terms of Use and Privacy Policy

This is a legal agreement between you, the licensee, and China Mart, a licensed commercial lender. BY SELECTING “I AGREE”, YOU (HEREINAFTER REFERRED TO AS “YOU” “LICENSEE”) ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, SELECT “I DO NOT AGREE” AND YOU WILL BE EXITED FROM THE PROGRAM.

  1. ACCEPTANCE OF TERMS. By accessing or using this internet site (“the Site” or “the Services” or “the Internet Based Software the Site contains”) in any way, including, without limitation, use of any of the Services, software, downloading of any Materials, or merely browsing or reviewing the Site, you agree to and are bound by these Terms of Use.
  2. GRANT OF LICENSE. China Mart hereby grants to the licensee a revocable, nonexclusive, non-assignable, license to use the Site, including, without limitation the Smart Factoring Program and the Internet Based Software the Site contains, under the terms and conditions of this agreement. Licensee accepts license granted herein to access and use the Site solely in accordance with this Agreement and any rules or restrictions or procedures published by China Mart on this Site from time to time.
  3. INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS. The Materials, Software and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, and/or other intellectual property laws, and any unauthorized use of the Materials, Software or Services at this Site may violate such laws and the Terms of Use. Except as expressly provided herein, China Mart does not grant any express or implied rights to use the Materials, Software and Services. Except if and as expressly authorized herein, you agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, Software or their selection and arrangement. In addition, you agree not to use any data mining, robots, or similar data gathering or extraction methods on the Site.
  4. CONFIDENTIALITY. The licensee acknowledges that the Internet Based Software the Site contains is the proprietary and confidential property of China Mart. The licensee shall not disclose or reveal to any third party or utilize for its, his or her own benefit, other than pursuant to this agreement. The licensee further agrees to take all reasonable precautions to preserve the confidentiality of the Internet Based Software the Site contains, and all portions thereof, and shall assume responsibility that its, his or her employees will similarly preserve this information against unauthorized used by third parties. The provisions of this clause shall survive termination of this Agreement. The licensee shall take no steps in attempting to reverse engineer or otherwise change or undo the Internet Based Software the Site contains.
  5. PRIVACY  POLICY is to keep all information received by this site as confidential and not give info to any third parties unless they affiliated and maintain similar privacy policies not to disclose any info to an outside third parties.
  6. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE. In no event shall China Mart be liable for any special, indirect or consequential damages or any damages whatsoever resulting from incorrect data, loss of use, data or profits, whether in an action of contract, negligence or other tort, arising out of or in connection with the use or performance of Software, Documents, provision of or failure to provide Services, or information available from the Services.   It is the duty of the Client to maintain its own records.
  7. NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of the Materials, Services and Software, you will not use the Materials, Services and Software for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Materials, Services and Software in any manner that could damage, disable, overburden, or impair any China Mart server, or the network(s) connected to any China Mart server, or interfere with any other party’s use and enjoyment of any Materials, Services or Software. You may not attempt to gain unauthorized access to any Materials, Services, Software, other accounts, computer systems or networks connected to any China Mart server or to any of the Materials, Services and Software, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not specifically made available through the Materials, Services or Software.
  8. TERMINATION. China Mart hereby reserves the right to terminate the licensee’s license to use the Smart Factoring Program and the Internet Based Software the Site contains at any time, with or without cause.
  9. POST-TERMINATION RIGHTS. Upon the expiration or termination of this Agreement, any and all rights granted to the licensee under this Agreement shall immediately terminate and revert to China Mart and the licensee shall discontinue all use of this Internet Based Software the Site contains. Further, upon the expiration or termination of this Agreement, China Mart may require the licensee to transmit all material relating to the Smart Factoring Program and the Internet Based Software the Site contains back to China Mart.
  10. ACCOUNT, PASSWORD, AND SECURITY. If any of the Materials, Services or Software requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user code. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify China Mart immediately of any unauthorized use of your account or any other breach of security. China Mart will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by China Mart or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
  11. JURISDICTION/DISPUTES. This Agreement shall be governed in accordance with the laws of the State of California. All disputes under this Agreement shall be resolved by litigation in the courts of the State of California, County of Los Angeles, including the federal courts therein and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.
  12. ASSIGNABILITY. The licensee my not assign this Agreement or the rights and obligations thereunder to any third party without China Marts prior express written permission.

WARRANTIES AND DISCLAIMERS. EXCEPT IF AND AS EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND China Mart OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY’S MATERIALS, SOFTWARE OR SERVICES, THIS SITE, AND ALL MATERIALS, SOFTWARE AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, China Mart MAKES NO WARRANTY THAT (i) THE MATERIALS, SOFTWARE AND SERVICES WILL MEET YOUR REQUIREMENTS; (ii) NOR THAT THE MATERIALS, SOFTWARE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) NOR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS, SOFTWARE OR SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) NOR THAT THE QUALITY OF ANY PRODUCTS, MATERIALS, SOFTWARE OR SERVICES PURCHASED OR ACCESSIBLE TO YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; (v) NOR THAT ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS

 

  1. IN THE SITE, ITS MATERIALS, SOFTWARE OR SERVICES, WILL BE CORRECTED.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. China Mart MAY MAKE CHANGES TO THE MATERIALS, SOFTWARE AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS, SOFTWARE OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS, SOFTWARE OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND China Mart MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS, SOFTWARE OR SERVICES. THE USE OF THE SERVICES, SOFTWARE OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. China Mart ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY MATERIALS, SOFTWARE OR SERVICES OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM China Mart THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT SUCH LIMITATIONS DO NOT APPLY TO YOU FOR THAT REASON, ANY IMPLIED WARRANTIES ARE LIMITED TO ONE (1) YEAR, TO THE PERMISSIBLE EXTENT.