Terms & Conditions
AsianFoodsOnline provides a variety of
on-line resources, including
administrative tools and services,
purchasing services and information
("Service" or "Services") through this
website ("Site"). The terms "our
company", "we", "our" or "us" refers to AsianFoodsOnline, its subsidiaries or
affiliates, and includes Walong
Marketing, Inc. and its subsidiaries or
affiliates.
In order to use our Service, you must
first obtain access to the World Wide
Web ("WWW"), either directly or through
devices that access web-based content,
and pay any service fees associated with
such access. To purchase from us, you
must use an SSL-enabled browser such as
Internet Explorer 5.0 or higher.
Obviously, you will have to provide any
equipment that may be needed to connect
to the WWW, including a computer and
modem or other access device.cess device.
1. Acceptance of Terms
A. Our Services are provided to you,
subject to the terms and conditions set
out below ("TERMS"). You may review the
most current version of the TERMS on our
Site at any time.
B. The TERMS may be updated from time to
time without prior notice to you. Unless
explicitly stated otherwise, any changes
in the Service, including the addition
of other services to this Site, shall be
subject to these TERMS. In addition,
when using particular components of our
Service, you will be subject to any
applicable guidelines or rules that may
be posted on this website from time to
time. All such guidelines or rules are
hereby incorporated by reference into
these TERMS.
C. By accessing, browsing, and/or using
our Service, you acknowledge and
represent that you have read and
understood the TERMS and that you and
your company agree to be bound by the
TERMS and to comply with all applicable
laws and regulations, including those of
the United States.
2. As-is Where-is Service
You understand and agree that our
Service is provided on an "AS-IS WHERE
IS" basis and that we assume no
liability or responsibility with regard
to timeliness, misdelivery, deletion or
failure to store any user data,
communications or settings on our Site.
Please see paragraph 20 below regarding
our "Disclaimer of Warranties."
3. Fees & Payment
A. You agree to pay all subscription,
service or use fees that we charge you
for our Service ("Fees"). Such Fees will
be posted on AsianFoodsOnline’s Site and
may be changed by us at any time.
B. You agree to pay all collection
expenses, including attorneys' fees and
costs, incurred by us in collecting any
Fees that you owe for our Services.
Further, you agree to pay us a late
charge at a rate of 1% per month on any
amounts due, including Fees (if for any
reason that rate is not allowed, then
you agree to pay the maximum rate
allowed under applicable law). Further,
you agree to pay all foreign, federal,
state and local taxes applicable to your
access, use or receipt of our Service - AsianFoodsOnline may at its sole
discretion include them in the total
Fees charged to you.
C. We may issue invoices or bills to you
on a regular or monthly basis. You
hereby agree and authorize us to charge
any Fees, expenses or taxes directly to
your credit card or debit your checking
account.
D. Before you can complete enrollment
for our Services, you must complete the
payment authorization form. Each time
you use our Services, you reaffirm your
authorization that AsianFoodsOnline may
charge or withdraw funds from your
account for any fees, expenses or taxes.
4. Orders, Shipment & Title
A. AsianFoodsOnline provides a
Web-based procurement system whereby you
can better manage the ordering process
of products ("Products"). Unless
otherwise stated, all prices are quoted
in U.S. dollars. You agree to pay any
taxes, fees, or charges imposed on any
purchase or shipment of Products.
B. When you place an order for Products
on our Site, you authorize us to fill
the order or pass the order to other
distributors, third-party manufacturers,
retailers, and service providers
("Providers") selected by
AsianFoodsOnline in its absolute
discretion.
C. AsianFoodsOnline does not manufacture
any of the Products and orders placed by
you will not be binding on
AsianFoodsOnline. Any Providers that we
may use will be responsible for the
shipping and billing (including returns
and credits) associated with your order.
The applicable Provider will invoice you
or charge your credit card for your
order at the point of shipment of the
Products.
D. The method of shipment will be
determined from information provided by
you during the order process. You will
be responsible for paying shipping and
freight, insurance and any other related
charges. AsianFoodsOnline will not be
liable for loss, damage, or penalties
resulting from delivery delays or
delivery failures.
E. All order changes, cancellations,
returns, or refunds are governed by the
Provider’s policies, and you agree to
pay any additional shipment costs or
restocking charges imposed by the
Provider. You may change your order by
canceling the unwanted order through our
customer service center ("Service
Center"); our Service Center will then
place a new order through the Site to
the extent possible and forward your new
order to the Provider. Your new order
will be processed if the order has not
been shipped from the Provider. If you
have questions about order changes,
cancellations or refunds, simply contact
our Service Center.
F. All sales are shipped F.O.B. place of
shipment unless otherwise stated and
Products will be shipped via carriers
designated by the Provider. Title to the
Products will pass directly from the
Provider to you upon shipment.
AsianFoodsOnline will not take title to
the Products.
5. Warranty, Release & Indemnity
A. Products purchased through the Site
will be subject to the Provider’s
standard warranty and you agree to deal
directly with the Provider regarding any
warranty issues. AsianFoodsOnline
specifically disclaims all warranties
related to Products.
B. We manage the ordering process and
have no control over the quality or
safety of the Products listed on our
Site or the ability of the Providers to
sell the Products listed. You hereby
release AsianFoodsOnline, and its
officers, directors, shareholders,
employees, agents, successors and
assigns from any actions, claims,
demands, damages, liabilities or suits
of any nature (in law or in equity)
arising from or in connection with the
Products, your use of the Products or
your use of the Site.
C. You expressly agree to use the
Products according to the standard
practice in the industry and in strict
compliance with all applicable laws and
regulations, and in the manner in which
they are intended to be used.
D. You should be aware that certain
Products contain materials that may be
hazardous or harmful if misused. You
recognize and acknowledge that
AsianFoodsOnline does not test the
Products for safety and that you have
the responsibility to understand the
hazards involved in using the Products.
Specifically, it is your duty to warn
anyone to whom you may give the Products
of any risks involved in using or
handling the Products and ensure that
you or they comply with any instructions
for Product use as furnished by the
Provider.
E. You agree to indemnify and hold
harmless AsianFoodsOnline, its officers,
directors, shareholders, employees,
agents, successors, and assigns from any
actions, claims, demands, damages,
liabilities, costs and expenses
(including attorney fees and costs) that
they may sustain or incur due to any
claim against them based on negligence,
breach of warranty, strict liability in
tort or contract, or any other legal
theory brought by you, your customers or
by a third party arising out of,
directly or indirectly, the Products.
6. Third Party Services
A. AsianFoodsOnline may provide its
customers ("Customers") with promotional
information via e-mail regarding
services offered by it or by third
parties. However, Customers may opt out
of receiving third-party promotions
simply by contacting our Service Center.
B. We do not act as an agent or broker
on behalf of third parties that offer
services through our Site. Further, we
do not negotiate individual contracts,
purchases or sales for Customers on
behalf of these third parties. Any
services offered through third parties
are intended solely to facilitate
business services for our Customers.
C. Customers must contract directly with
third parties to obtain their services.
In that case, payment must be made
directly to the third parties providing
those services in accordance with their
agreement with the Customer. We make no
representations on behalf of third
parties, nor are we responsible for the
statements, actions, or omissions of
such third parties.
D. Inclusion of a third-party service on
the AsianFoodsOnline Site is not an
endorsement of that service, and we
strongly encourage Customers to review
the terms of any agreements with those
third parties. Specifically, if the
Customer is not satisfied with services
provided by third parties, Customer
shall contact them directly.
7. Registration Obligations
A. In consideration of your use of our
Service, you agree to: (i) provide true,
accurate, current and complete
information about yourself and/or your
company in completing our registration
form and payment form ("Registration
Data"), and (ii) maintain and promptly
update the Registration Data to keep it
true, accurate, current and complete
should it change in any way thereafter.
B. If you provide any information that
is (or we have reasonable grounds to
suspect is) untrue, inaccurate, not
current or incomplete, AsianFoodsOnline
reserves the right to immediately
suspend or terminate your access to our
Service and our Site and refuse any
current or future use of our Services.
8. Privacy Policy
Any Registration Data that you (in your
personal capacity or as a representative
of your company) may provide to us in
the course of using our Service is
subject to our Privacy Policy, which
appears elsewhere on our Site. By using
our Service, you hereby consent to
AsianFoodsOnline of any such Data or
information collected by or transmitted
to us, as set forth in the Privacy
Policy and/or the TERMS. For more
information, please refer to Privacy
Policy.
9. Member Account, Password and Security
A. You will receive one or more account
designations upon completing the
registration process. You will then have
to select a password; we recommend you
select a password that is not obvious to
someone trying to guess your password
(you may also want to change it from
time to time as a precaution).
B. You are responsible for maintaining
the confidentiality of your password and
your account, and you are fully
responsible for all activities that
occur under your password or account
identification. The "key" icon that
indicates SSL encryption in certain
browsers may not appear when you are
viewing encrypted pages on the
AsianFoodsOnline marketplaces due to the
use of multiple frames. However, any
information that you provide will be
encrypted.
C. You agree to (i) notify us
immediately of any unauthorized use of
your password or account or any other
breach of security, and (ii) ensure that
you exit from your account at the end of
each session. Further, you expressly
agree that AsianFoodsOnline will not be
liable for any loss or damage arising
from your failure to comply with this
paragraph 9.
10. Member Content
A. You understand that all information,
data, text, messages and other materials
("Content"), whether publicly posted or
privately transmitted, are the sole
responsibility of the person from which
such Content originated. Among other
things, this means that you - not
AsianFoodsOnline - are entirely
responsible for all Content that you
send via the e-mail messaging system or
otherwise transmit via our Service.
B. AsianFoodsOnline does not control the
Content posted via our Service and,
therefore, does not guarantee the
accuracy, integrity or quality of such
Content. You understand that by using
our Service, you may be exposed to
Content that is offensive, indecent or
objectionable. Under no circumstances
will we be liable in any way for any
Content including, but not limited to,
any errors or omissions in any Content,
or for any loss or damage of any kind
incurred as a result of the use of any
Content posted, emailed or otherwise
transmitted via our Service.
11. Conduct
A. You agree to use our Service in a
manner consistent with any and all
applicable laws and regulations.
Specifically, you agree not to use our
Service for any unlawful, offensive,
harassing, or deceitful purpose, or take
any action that, in AsianFoodsOnline’s
sole opinion, restricts or inhibits
other users from using and enjoying our
Service. Such use includes, but is not
limited to, the use of vulgar, profane
or offensive language; inappropriate
aliases; committing or discussing (with
the intention to commit) illegal
activities.
B. You agree not to submit, publish, or
display on our Service any defamatory,
inaccurate, abusive, obscene, profane,
sexually oriented, threatening, racially
offensive, or illegal material, or
encourage the use of controlled
substances or drugs.
C. You acknowledge that AsianFoodsOnline
shall have the right (but not the
obligation) in their sole discretion to
refuse, remove or move any Content
available via our Service. Without
limiting the foregoing, AsianFoodsOnline
and its designees have the right to
remove any Content that violates the
TERMS or is otherwise objectionable.
D. You must evaluate and bear all risks
associated with the use of any Content,
including any reliance on the accuracy,
completeness, or usefulness of such
Content.
E. You acknowledge and agree that
AsianFoodsOnline may preserve Content
and may also disclose Content if
permitted by the Privacy Policy and/or
required to do so by law. Further, we
may disclose Content that we in good
faith believe is reasonably necessary
to: (i) comply with legal process; (ii)
enforce the TERMS; (iii) respond to
claims that any Content violates the
rights of third-parties; or (iv) protect
the rights, property, or personal safety
of AsianFoodsOnline, its agents, users
and the public.
F. You acknowledge that the technical
processing and transmission of our
Service, including your Content, may
involve (i) transmissions over various
networks and (ii) changes to conform and
adapt to technical requirements of
connecting networks or devices.
12. Publicly Accessible Areas
A. "Publicly accessible areas" are those
areas that are accessible by the general
public on our Site or Services. By way
of example, a publicly accessible area
includes promotion lists, news items,
contact information and information
about us, and legal disclaimers. With
respect to all Content you elect to post
in publicly accessible areas, you grant
AsianFoodsOnline the royalty-free,
perpetual, irrevocable, non-exclusive
and fully sublicensable right and
license to use, reproduce, modify,
adapt, publish, translate, create
derivative works, distribute, and
display such Content (in whole or part)
worldwide and/or to incorporate it in
other works in any form, media, or
technology and to exercise the same
rights with respect to such works. You
also permit any Service user to access,
display, view, store and reproduce such
Content.
B. You agree to indemnify and hold
harmless AsianFoodsOnline, its officers,
directors, shareholders, employees,
agents, subsidiaries, affiliates,
successors, and assigns from any
actions, claims, demands, damages,
liabilities, costs and expenses
(including attorney fees and costs) that
they may sustain or incur due to any
claim by a third party due to or arising
out of Content you submit, post to or
transmit through our Service, your use
of our Service, your connection to our
Service, your violation of the TERMS, or
your violation of any rights of another.
13. Non-Exclusive Right to Use Service
A. AsianFoodsOnline hereby grants to you
a limited, non-exclusive,
non-transferable, revocable license to
use our Service only for the intended
purposes of our Service. You may not
sell, resell, reproduce, prepare
derivative works or otherwise use or
commercially exploit our Services or
Site other than by using it for its
intended purposes.
B. You may not modify, translate,
disassemble, reverse engineer or attempt
to derive the source code for the
computer systems and other technology
that operate our Service or create
derivative works based on our Service.
"Reverse engineering" means the
examination or analysis of our Service
or Site to determine the source code,
structure, organization, internal
design, algorithms or encryption devices
of our Service's underlying technology.
C. The non-exclusive license granted to
you under this agreement will
automatically terminate upon termination
of your account. AsianFoodsOnline has
the sole right and discretion to
terminate the license of any user at any
time for any reason.
14. Use & Storage
A. You acknowledge that AsianFoodsOnline
may establish general practices and
limits concerning use of our Service,
including: (i) maximum number of days
that orders or other uploaded Content
may be retained by our Service; (ii)
maximum number or size of orders or
messages that may be sent from or
received by an account on our Service;
(iii) maximum disk space that may be
allotted on our servers on your behalf;
(iv) maximum number of times and
duration for which you may access our
Service in a given period of time; (v)
maximum time during which your use of
your account may remain inactive; and
(vi) Fees you are required to pay to use
our Service.
B. You agree that AsianFoodsOnline has
no responsibility or liability for the
deletion or failure to store any orders,
or other communications or Content
maintained or transmitted by our
Service. You acknowledge that we reserve
the right to log off accounts that are
inactive for more than 60 days.
C. AsianFoodsOnline may change these
general practices and limits on use or
storage at any time, in its sole
discretion, with or without notice.
15. Availability & Modification of
Service
A. AsianFoodsOnline will use
commercially reasonable efforts to
ensure that the Services offered on our
Site are available for use by our
Customers. However, we make no guarantee
that our Services or Site will be
available 24 hours per day, 7 days a
week, or that our Services will be
error-free. Errors may include but are
not limited to site interruption, server
downtime, coding changes and
malfunctions.
B. We reserve the right at any time to
change, add, delete, modify, or
discontinue our Service (or any part
thereof) with or without prior notice.
However, we will try to provide
reasonable notice of such changes if
they materially impact our Customers’
ability to use our Services at the Site.
C. From time to time, AsianFoodsOnline
may, but shall not be obligated to,
contact you to provide information about
changes to our Service. You agree that
AsianFoodsOnline and/or its
subsidiaries, affiliates, officers,
directors, shareholders, employees or
agents shall not be liable to you or to
any third party for any modification,
suspension or discontinuance of our
Service.
16. Termination
A. You agree that AsianFoodsOnline, in
its sole discretion, may terminate your
password, account identification or
password or use of our Service, and
remove and discard any data stored
within our Service, for any reason
including, but not limited to, lack of
use or if we believe that you have
violated or acted inconsistently with
the TERMS.
B. You agree that any termination of
your access to our Service (or any
portion thereof) under any provision of
the TERMS may be effected by
AsianFoodsOnline without prior notice to
you. Further, you acknowledge and agree
that AsianFoodsOnline may immediately
deactivate or delete your account and
all related information and files in
your account and/or bar any further
access to such files or our Service.
C. You agree that AsianFoodsOnline
and/or its subsidiaries, officers,
directors, shareholders, employees or
agents shall not be liable to you or any
third-party for any termination of your
access to our Service, and shall have no
obligation to you following any
termination.
D. If you wish to terminate use of our
Service, you may do so at any time in
accordance with the procedures outlined
in the Privacy Policy.
17. Advertisers & Service Providers
A. Your correspondence or business
dealings with or participation in
promotions of advertisers or Providers
found on or through our Service,
including payment and delivery of goods
or services relating thereto and any
related terms, conditions, warranties
and representations, are solely between
you and such advertiser or Providers.
B. You agree that AsianFoodsOnline, its
officers, directors, shareholders,
employees, agents, successors, and
assigns shall not be responsible or
liable for any loss or damage incurred
as the result of your dealings with or
due to advertisers or service providers
on our Service.
18. Links to Other Sites or Resources
A. Our Service may provide, or third
parties may provide, links to other WWW
sites or resources. However,
AsianFoodsOnline and/or its
subsidiaries, affiliates, officers,
directors, and employees have no control
over such other sites and resources.
B. You acknowledge and agree that we are
not responsible for the availability of
such other sites or resources, and do
not endorse and are not responsible or
liable for any Content, advertising,
products, or other materials on or
available from such other sites or
resources. You further acknowledge and
agree that we shall not be responsible
or liable for any damage or loss caused
by or in connection with the use of or
reliance upon such Content, goods or
services available on or through such
other sites or resources.
19. Software & Proprietary Rights
A. You expressly agree that any software
or files that are made available for
download ("Software") from the Site are
the copyrighted work of AsianFoodsOnline
and/or its suppliers. Use of the
Software is governed by the terms of the
end user license agreement, if any, that
accompanies or is included with the
Software ("License Agreement"). End
users shall not install or use any
Software that is accompanied by or
includes a License Agreement, unless the
end user first agrees to the License
Agreement terms.
B. For any Software not accompanied by a
license agreement, the following shall
constitute the License Agreement:
AsianFoodsOnline hereby grants to you a
personal, nontransferable license to use
the Software for viewing and otherwise
using the Site in accordance with these
terms and conditions, and for no other
purpose.
C. You acknowledge and agree that our
Service, Software and Site contain
proprietary and confidential information
that is protected by applicable
intellectual property and other laws,
and that Content in sponsor
advertisements or information presented
to you through our Service and Site is
protected by copyrights, trademarks,
service marks, patents or other
proprietary rights and laws.
D. Except as expressly authorized by
AsianFoodsOnline or advertisers, you
agree not to modify, rent, lease, loan,
sell, distribute or create derivative
works based on our Service or the
Software, in whole or in part.
20. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF OUR SERVICE IS AT YOUR
SOLE RISK. OUR SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. WE
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED
INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
B. WE MAKE NO WARRANTY THAT (i) OUR
SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) OUR SERVICE WILL BE TIMELY, SECURE,
UNINTERRUPTED OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE
USE OF OUR SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR
MATERIALS PURCHASED OR OBTAINED BY YOU
THROUGH OUR SERVICE WILL MEET YOUR
EXPECTATIONS, AND (v) ANY ERRORS IN OUR
SERVICE WILL BE CORRECTED.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF OUR SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK
AND YOU ARE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR
BUSINESS OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. THE SECURITY MECHANISMS IMPLEMENTED
BY US MAY HAVE INHERENT LIMITATIONS AND
YOU SHALL DETERMINE FOR YOURSELF THAT
THE SECURITY AND PERFORMANCE OF OUR
SERVICE SUFFICIENTLY MEET YOUR
REQUIREMENTS. WE ARE NOT RESPONSIBLE FOR
YOUR DATA WHETHER RESIDING ON OUR SERVER
OR YOUR SERVER.
E. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM US
OR THROUGH OUR SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE
TERMS.
21. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT:
A. ASIANFOODSONLINE, ITS SUBSIDIARIES,
AFFILIATES, SUPPLIERS, OFFICERS,
DIRECTORS, SHAREHOLDERS AND EMPLOYEES
SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, EXEMPLARY OR OTHER
DAMAGES OR PENALITIES INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, LOSS OF USE, LOSS OF DATA,
BUSINESS INTERRUPTION OR OTHER
INTANGIBLE LOSSES (EVEN IF THEY HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OF
OR INABILITY TO USE OUR SERVICE; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM OUR
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) CONDUCT OR STATEMENTS OF ANY
THIRD PARTY ON OUR SERVICE; OR (v) ANY
OTHER MATTER RELATING TO OUR SERVICE.
B. YOUR SOLE REMEDY AND OUR SOLE
OBLIGATION IN CONNECTION WITH ANY
PERFORMANCE DEFICIENCY BY OR FROM OUR
SERVICE IS THAT WE WILL RE-PERFORM THE
AFFECTED TRANSACTION OR INQUIRY WITHIN A
REASONABLE PERIOD OF TIME AT OUR
EXPENSE.
C. UNDER NO CIRCUMSTANCES SHALL
ASIANFOODSONLINE'S LIABILITY IN ANY WAY
ARISING FROM OR RELATED TO OUR SERVICE
EXCEED THE GREATER OF $1,000 OR THE
AMOUNT YOU HAVE PAID FOR ACCESS TO OR
USE OF OUR SERVICE DURING THE 12 MONTHS
PRECEDING THE PAYMENT OR USE OF OUR
SERVICE.
22. Exclusions & Limitations
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS OF SECTIONS 20 AND 21 MAY
NOT APPLY TO YOU. HOWEVER, SECTIONS 20
AND 21 APPLY TO THE FULLEST EXTENT
ALLOWED BY APPLICABLE LAW.
23. Notice
Notice to you may be made via either
email or regular mail. AsianFoodsOnline
may also provide you with notices of
change to the TERMS, or other matters,
by displaying notices or links to
notices on our Service.
24. Trademarks & Copyright
A. AsianFoodsOnline, the
AsianFoodsOnline logo, and other
AsianFoodsOnline logos, products and
service names are trademarks of
AsianFoodsOnline, Inc. ("Marks"). You
agree not to display or use our Marks in
any manner whatsoever without our
express written permission or
authorization.
B. The AsianFoodsOnline web pages at
www.AsianFoodsOnline.com and other
related URLs (and all reviewable pages,
underlying program code and accompanying
services and documentation related to
the Site) is copyrighted (c) by 2001
Walong Marketing, Inc., ALL RIGHTS
RESERVED.
C. Permission is hereby granted to you
to print in hard copy portions of
www.AsianFoodsOnline.com, for the sole
purposes of placing or approving a
request or order using our Service or
archiving business records. Use of any
portion of www.AsianFoodsOnline.com or
any other Site established for purposes
other than those specified herein, as
well as any modification, distribution
or publication thereof, are expressly
prohibited without our prior written
permission.
D. Transmission of material, information
or software in violation of any local,
state or federal law is prohibited and
is a breach of the TERMS. You
specifically agree not to upload, post
or reproduce in any manner any materials
protected by copyright without the
permission of the copyright owner.
25. Legal Advice
AsianFoodsOnline does not offer legal
advice, and we make no representation,
warranty or claim that the information
available on Site is current or
accurate.
Any references on the Site to federal,
state or local law, regulation, legal
terminology, or statute are for
informational purposes only, and are
only meant to inform Customers of issues
that may be relevant to their
businesses. Do not act or rely upon any
legal advise without first seeking
professional legal advice.
26. General Information
A. The TERMS and the Privacy Policy for
this Site constitute the entire
agreement between you and
AsianFoodsOnline and govern your use of
our Service, and supersedes any prior
agreements between you and
AsianFoodsOnline. You may also be
subject to additional terms and
conditions that may apply when you use
the services or software of any
third-party.
B. The TERMS and the relationship
between you and AsianFoodsOnline shall
be governed by the laws of the State of
California without regard to its
conflict of law provisions.
C. You and AsianFoodsOnline agree to
submit to the personal and exclusive
jurisdiction of the courts located
within Orange County, California.
D. The failure of AsianFoodsOnline to
exercise or enforce any right or
provision of the TERMS shall not
constitute a waiver of such right or
provision. If any provision of the TERMS
is found by a court of competent
jurisdiction to be invalid, the parties
nevertheless agree that the court should
endeavor to give effect to the parties'
intentions as reflected in the
provision, and the other provisions of
the TERMS remain in full force and
effect.
E. You agree that regardless of any
statute or law to the contrary, any
claim or cause of action arising out of
or related to use of our Service or the
TERMS must be filed within one (1) year
after such claim or cause of action
arose or it shall be forever barred.
F. The section titles in the TERMS are
for convenience only and have no legal
or contractual effect. Further, the
TERMS of this Agreement are severable.
If any part of this Agreement or any
amendment thereto is held to be void or
in conflict with any law by a court of
competent jurisdiction, the remaining
parts of this Agreement shall survive
and remain binding on the parties.
27. Violations
Please report any violations of the
TERMS to us at AsianFoodsOnline.com.
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Inc. Toll Free (877)675-8899
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