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Terms &Conditions

Thank you for your interest in EVBASE Technology Co, Ltd. and its affiliates, collectively referred to as "EVBASE" and the website evbase.com, collectively referred to as the "Site". Please read the following terms and conditions carefully. By visiting this website or any services provided to you through this website, you acknowledge that you have read, understood and agree to be bound by the following terms and conditions. If you do not meet the conditions or do not agree with any of the terms, you may not be able to access this website.

 

  1. Account and registration

To access some features of the website, such as when you participate in EVBASE forum, you may need to register for a EVBASE account. When you sign up for a EVBASE account, you need to provide us with your email address or other contact information. You represent and warrant that the information you provide to us is accurate and that you will always be accurate and current. When registering, you will be asked for your password. You are solely responsible for maintaining the confidentiality of your EVBASE account and password, and you are responsible for all activities that occur under your EVBASE account.

 

  1. Purchase; additional terms and conditions

Purchasing goods or services and certain parts of the Site may be subject to other terms and conditions; all other terms are incorporated by reference into these terms. You agree to comply with all other such terms and conditions, including representing that you are of sufficient legal age to use certain parts of this website or service. If there is any conflict between these terms and those specific to this section of the Website or specific services provided by this Website, you agree that these terms will control your use of that section of the Website or these specific services.

 

  1. User content

3.1 User Content Generally.

Certain features of the website (such as EVBASE forums) may allow users to upload content to the website, including messages, comments, photos, videos, images, folders, data, text and other types of works ("user content") and on the website Post user content on. You retain the copyright and any other proprietary rights you may have in user content posted to this site.

 

3.2 Grant limited license to EVBASE.

By publishing or publishing user content, you will grant EVBASE global, non-exclusive, royalty-free, fully paid rights and licenses (with sublicense rights) for hosting, storage, transfer, display, Perform, copy, modify the format for display purposes, and distribute your user content in whole or in part in any media format and through any media channel now known or later developed.

 

3.3 Limited License Granted to Other Users.

By publishing or sharing user content with other users of the site, you grant those users a non-exclusive license to access and use that user content in accordance with these terms and the features of the site.

 

3.4 User Content Representation and Warranty.

You are fully responsible for User Content and the consequences of posting or publishing User Content. By posting or posting user content, you confirm, represent and warrant that:

a). You are the creator and owner of user content, or have the necessary permissions, rights, consents, and permissions to authorize users of EVBASE and the website to use and distribute your user content as needed to exercise the permissions you grant in this section, EVBASE, this website and the manner prescribed by these terms;

b). Your User Content and the use of User Content as defined in these Terms will not and will not: (i) infringe, infringe or misappropriate any third party rights, including any copyright, trademark, patent, trade secret, moral right, privacy, The right to publicity or any other intellectual property or ownership; (ii) defamation, libel, defamation or infringement of the privacy, publicity or other property rights of others; or (iii) cause EVBASE to violate any law or regulation.

 

3.5 User Content Disclaimer.

EVBASE has no obligation to edit or control user content posted or posted by you or other users and assumes no responsibility for user content. However, EVBASE may block, delete, edit or block any user content that we believe violates these terms or other offensives at any time without prior notice. You understand that when you visit this website, you will come into contact with user content from various sources and confirm that user content may be inaccurate, offensive, indecent or offensive. You agree to waive and do waive any legal or fair rights or remedies that you have or may have in EVBASE's User Content. We explicitly disclaim any liability with respect to user content. If the user or content owner notifies the user that the content is suspected of not complying with these terms, we may investigate the allegations and decide at our discretion whether to delete the user content. We reserve the right to take action at any time without notice. For clarity, EVBASE does not allow copyright infringement activities on the site.

 

  1. Use site

By using this website and entering these terms, you represent and warrant that your use of this website complies with and complies with all applicable laws, rules, and regulations, and you will not use this website unless expressly permitted by these terms. Terms. For users located in China, you agree to abide by the Law of the People's Republic of China on the Protection of State Secrets, the Copyright Law of the People's Republic of China, the Regulations on the Security Protection of Computer Information Systems of the People's Republic of China, the Regulations on Computer Software Protection, Announcement of site management requirements "," Regulations on the Protection of the Right to Propagate Information Networks "and other applicable laws and regulations. EVBASE has the right to review, remove or disable access to user content in violation of applicable Chinese laws and regulations.EVBASE also welcomes users to report any user content that violates applicable laws or regulations.

 

  1. Prohibited behavior

By using this website, you disagree.

5.1 accessing the Website for any illegal purpose or in violation of any local, state, national or international law;

 

5.2 Carry out activities that may be harmful to others or may damage EVBASE's reputation for innovation;

 

5.3 Infringe or encourage others to infringe any third party's rights, including infringing or misappropriating the intellectual property rights of any third party or infringing the privacy rights of any third party;

 

5.4 Interfering with security-related functions of the website, including (a) disabling or circumventing the ability to prevent or restrict the use or reproduction of any content; (b) reverse engineering or otherwise attempting to discover the source code of any part of this website, but applicable law Except for activities that are expressly permitted; or

 

5.5 Interfering with the operation of the website or the use of the website by any user, including (a) uploading or otherwise transmitting any virus, adware, spyware, worm or other malicious code; (b) proactively offering offers to other users of the website Or advertising; (c) attempting to collect personal information about another user or a third party without consent; (d) interfering with or disrupting any network, device, or server connected to or used to provide this website, or violate any Any regulations, policies or procedures for such networks, devices or servers;

 

5.6 engage in any fraudulent activity related to your acquisition or access to the website, including impersonating any individual or entity, claiming a false affiliation, accessing any other EVBASE account without permission, or falsifying your age or date of birth;

 

5.7 sell or otherwise transfer any access rights or any material (as defined in Section 10) granted under these Terms, or any right or ability to view, access or use any material;

 

5.8 Bypass any security or other features of this website that are designed to control how this website is used, harvest or mine user content from this website, or access or access this website in other ways that are incompatible with personal use;

 

5.9 use any robots, spam robots, spiders, crawlers, crawlers or other automated methods or interfaces that we do not provide to access this website or extract data;

 

5.10 Use, display, mirror, frame or use framing techniques to close the website or user content or any part thereof, unless EVBASE only embeds any part of the website or user content to the extent available;

 

5.11 access, tamper with or use the non-public areas of this website, the computer systems, and infrastructure of EVBASE (and any of its hosting companies), or the technology delivery system of the evbyte provider;

 

5.12 Sites that harass, abuse, track, threaten, defame or otherwise violate or infringe the rights of any other party in any way;

 

5.13 sell or otherwise transfer access rights or any material granted under these Terms, or any right or ability to view, access or use any material;

 

  1. Termination of use; termination and modification of the website

If you violate any of these terms, your permission to access our site will automatically terminate. In addition, EVBASE may, at any time, for any reason or for no reason, have the sole discretion to terminate your EVBASE account or suspend or terminate your access to this website without notice. We also reserve the right to modify or terminate this website or its functions at any time or permanently without notice to you. We are not responsible for any changes to this website or any suspension or termination of your access to or suspension of access to this website. Without limiting the foregoing, you understand and agree that upon any termination or suspension of your account or website, you will not have access to any data or content posted to the website or website, and we will not be held responsible . Provide you with access to such data or content.

 

  1. Privacy Policy; Additional Terms

7.1 Privacy Policy

Please read the EVBASE Privacy Policy carefully for information about our collection and use of your personal information. The EVBASE Privacy Policy incorporates these Terms and becomes part of these Terms by this reference.

 

7.2 Additional terms

Your access to the Website is subject to all other terms, policies, rules or guidelines ("Other Terms") that apply to the Website, such as the EVBASE Forum Rules or the EVBASE Store Terms of Sale. All other terms are incorporated into and become part of these terms by this reference.

 

  1. Modification of these terms

We reserve the right to change these terms at any time in our sole discretion. Please check these terms regularly for changes. Modified versions of these terms are effective at the time of their publication. If we make material changes to these Terms, we will attempt to provide you with reasonable notice before such changes become effective. By continuing to access this website, you agree to be bound by the terms of the update, amendment or modification. If you do not agree to be bound by the revised terms, you must immediately stop accessing or using this website. Disputes arising under these terms will be resolved in accordance with the version of these terms in effect at the time of the dispute.

 

  1. Ownership; exclusive rights

This website is owned by EVBASE. The visual interface, graphics, design, compilation, information, data, computer code, products, software, services and all other elements provided by EVBASE are protected by intellectual property rights. Property and other laws. All materials contained on this site are the property of EVBASE and its third party licensors. Except as expressly authorized by EVBASE, you may not use this material. EVBASE reserves all rights to materials not expressly granted in these terms.

 

  1. Feedback

If you choose to provide comments or suggestions regarding modifications or improvements to this website or any services or products provided by EVBASE ("Feedback"), you hereby grant EVBASE unlimited, permanent, irrevocable rights, The use of such feedback in any way and for any purpose is non-exclusive, with full payment, royalty-free rights, and is not obliged to pay any money for such use by you.

 

  1. Compensation

You are responsible for accessing this website. You shall defend EVBASE and its executives, directors, employees, consultants, affiliates, subsidiaries and agents (collectively the "EVBASE Entities") with any claims, liabilities, damages, losses and costs (including reasonable attorney fees) And compensation. And costs associated with or in any way: (a) your access, use or allegation of use of this website; (b) your breach of any part of these Terms, any representations, warranties or agreements referred to in these Terms Or any applicable law or regulation; (c) you infringe any third party rights, including any intellectual property or public right, confidentiality, other property rights or privacy rights; (d) any disputes or issues between you and any third party . We reserve the right to pay at our own expense and assume sole defense and control of any other matter that you are compensated for (without limiting your obligation to compensate for this matter), in which case you agree to cooperate with us to defend that claim.

 

  1. Disclaimer; no warranty

This site and all materials and user content available through the site are provided "as is" and on an "available" basis without any express or implied warranties or conditions. EVBASE entities do not provide any form of express or implied warranty related to this website, as well as all available materials and user content on this website, including: (A) marketability, applicability, applicability of any express guarantee of quiet enjoyment Non-infringement; (B) Any guarantee arising out of the transaction, use or transaction. EVBASE entities do not warrant that this site or any part of this site, or any material or user content provided through this site, will be uninterrupted, secure or error free, or infringed by viruses or other harmful components. Any of these problems will be corrected.

 

The advice or information you receive from this website, whether oral or written, or any material or user content provided on this website, does not constitute any warranty to EVBASE entities or this website that is not expressly stated. You assume full risk of any damage caused as a result of using or accessing this website and any materials or user content provided on this website. You understand and agree that you decide to use this website at your own discretion, and you are not responsible for any personal injury, death, damage to your property or the property of third parties, or data loss caused by use.

 

Notwithstanding the foregoing, EVBASE will not deny any warranty or other rights prohibited by EVBASE under applicable law.

 

  1. Dispute resolution and arbitration

13.1 General

In order to resolve the dispute between you and EVBASE in the most convenient and cost-effective manner, you and EVBASE agree that all disputes related to these Terms will be resolved through binding arbitration. Arbitration is not as formal as a lawsuit in a court. Arbitration uses neutral arbitrators, not judges or juries, so it may be more limited than discoveries made in court and may be subject to very limited scrutiny by the court. The arbitrator can award the same damages and relief as the court. This arbitration dispute agreement includes all claims arising out of or in connection with any aspect of this clause, whether based on contract, tort, written, fraud, misrepresentation or any other legal theory, and whether or not the claim is during or after arbitration occurring. Termination of these terms.

You understand and agree that by entering these terms, you and EVBASE each claim the right to a trial or a class action through a jury.

 

13.2 Exceptions

Notwithstanding section 13.1, nothing in these terms shall be deemed to waive, exclude or otherwise restrict the rights of either party: (a) in a personal action in a small claims court; (b) if Where applicable, enforcement action may be taken through applicable federal, state or local agencies; (c) seeking injunctive relief in court; (d) filing a lawsuit in court to resolve a claim for intellectual property infringement.

 

13.3 Arbitrator

Any arbitration between you and EVBASE will be resolved in accordance with the Federal Arbitration Act and subject to the Commercial Arbitration Resolution Procedures of the American Arbitration Association (“AAA”) and the Supplementary Procedures for Consumer-Related Disputes "AAA Rules"). Modified under these terms and will be managed by AAA. AAA rules and filing forms are available online at www.adr.org by calling AAA or contacting EVbases.

 

13.4 notification; handling

The party intending to arbitrate must first send a written notice of the dispute to the other party, either through a certified US Postal or FedEx (signature required) or only if the other party has not provided the current physical address. E-mail notification"). The address notified by EVBASE is: Room B415, 4 Floor, No. 65, Zhuji Road, Tianhe District, Guangzhou, Guangdong, 510660, China. The notice must: (a) state the nature and basis of the claim or dispute; (b) state the specific remedy sought (the “demand”). The parties will make a sincere effort to resolve the claim directly, but if the parties do not reach an agreement within 30 days of receiving the notice, you or EVBASE may begin the arbitration process. During the arbitration, the amount of any settlement offer made by you or EVBASE must be disclosed to the arbitrator after the arbitrator's final decision and award (if any). If the dispute is finally resolved through arbitration and is in your favor, EVBASE will pay you the highest price: (i) the amount awarded by the arbitrator (if any); (ii) EVBASE in provided the dispute settlement before the arbitrator's decision The final written settlement amount; or (iii) $ 1,000.

 

13.5 Cost

If you start arbitration under these terms, EVBASE will reimburse the application fee you paid, unless your claim exceeds $ 10,000, in which case the payment of all fees will be determined by the AAA rules. The arbitral tribunal will be held at an agreed place in San Francisco County, California, but if the amount of the claim is $ 10,000 or less, you can choose whether to arbitrate: (a) to the arbitrator based solely on the documents submitted; (b) through a faceless A telephone hearing; or (c) a face-to-face hearing established under the AAA rules of the county (or parish) where your billing address is located. If the arbitrator finds that the relief sought in your claim or claim is trivial or was raised for an improper purpose (as measured by the standards set out in the Federal Rule of Civil Procedure 11 (b)) Both are subject to AAA rules. In this case, you agree to repay all the amounts previously paid by EVBASE, otherwise these amounts are your obligation to pay under the AAA rules. Regardless of the method used for arbitration, the arbitrator must issue a reasonable written decision sufficient to explain the basic conclusions and conclusions on which the decision and award (if any) are based. The arbitrator may, at any time during the proceedings and at the request of either party, make an award within 14 days after the arbitrator makes an award on the merits, and resolve disputes over the payment and repayment of fees or expenses.

 

13.6 No Class Actions

YOU AND TESPLUS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Tesplus 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.

 

13.7 Modifications of This Arbitration Provision

If EVBASE makes any future change to this arbitration provision, other than a change to EVBASE's address for Notice, you may reject the change by sending us written notice within 30 days of the change to EVBASE’s address for Notice, in which case your account with EVBASE will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

 

13.8 Enforceability

If Section 13.6 is found to be unenforceable or if the entirety of this Section 13 is found to be unenforceable, then the entirety of this Section 13 (other than, in the latter case, Section 13.6) will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in following section will govern any action arising out of or related to these Terms.

 

  1. Consent to electronic communications

By visiting this website, you agree to accept certain of our electronic communications, as described in our privacy policy. Please read our privacy policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures or other communications we send to you electronically will satisfy any legal communication requirements, including communications in writing.

 

  1. Contact Information

This site is provided by EVBASE Technology Co, Ltd. It is located on Room B415, 4 Floor, No. 65, Zhuji Road, Tianhe District, Guangzhou City, Guangdong Province,510660,China. Contact us by sending a communication with that address or by sending us an email at info@evbase.com.