THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO THESE TERMS AND CONDITIONS. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
These Terms of Service (the “Terms”) govern the website, mobile site, application, and/or other service, regardless of how distributed, transmitted, published, or broadcast (each, a “Site” or “Service”) provided by Shanghai GB Investment Management Consulting Co., Ltd., its parent, subsidiaries and/or affiliates (“GBI,” “we,” “us,” or “our”) that links to this User Agreement and Privacy Policy, which is binding on all those who access, visit and/or use the Service, whether acting as an individual or on behalf of an entity, including you and all persons, entities, or digital engines of any kind that harvest, crawl, index, scrape, spider, or mine digital content by an automated or manual process or otherwise (collectively, “you” or “your”). As a condition of your use of this Site and Services, you warrant that you will not use the Site and Services for any purpose that is unlawful or prohibited by these Terms.
1. Copies of Terms and Changes
GBI may occasionally change these Terms, so we encourage you to review them regularly. The most current version of the Terms (along with their effective date located at the bottom of these Terms) will be linked from each of the Site and Services. If you continue to use the GBI Site and Services after we change the Terms, you accept any and all changes. You may print a copy of these Terms using the print button or feature in your browser. We suggest retaining a copy for your future reference.
2. Privacy Policy; Additional Terms
Our Privacy Policy describes what we do with all the data that you provide or that we may collect about you through the Site and Services, and you consent to our use of data in compliance with our Privacy Policy.
Additional terms may apply to your use of specific parts of our Site and Services. If so, we will provide these terms to you or post them on the Site and Services to which they apply; they are incorporated by reference into these Terms. If there is any conflict between these Terms and any additional terms that apply to a particular Site or Service, the additional terms will control.
3. Registration and Access Controls
You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use.
If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes. You are responsible for updating the registration information to ensure it continues to be current, complete, and accurate. We may accept or reject registration requests for the Site and Services in our sole discretion and may revoke registration and accounts at any time, without cause or prior notice.
4. Intellectual Property; License
The content, information, data, designs, code, and all materials associated with the Site and Services (“Content”) are protected by intellectual property and other laws. You must comply with all laws and applicable copyright, trademark, or other legal notices or restrictions. All trademarks, service marks, icons, and logos used in this Site and in the Content are our trademarks, service marks or logos or those of their respective owners.
Subject to these Terms, you agree to access and use the Site and Services only for your personal, non-commercial use. We reserve all other rights to the Content, and you may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the Site and Services or Content without our permission. You also may not transfer or sublicense this limited right, or resell the Site and Services. Finally, you must keep intact all copyright, trademark, and other proprietary notices on or associated with the Site, Services, and Content.
Commercial Licenses: You must obtain written permission for commercial use of GBI Content or the Site and Services. If you wish to license Content from the Site and Services, please contact us at
SALES ADDRESS.
5. Legal Complaints
If you believe that Content on the Site and Services infringes your copyright or the rights of any third party, please contact us at
infringementClaim@generalbiologic.com..
6. User Submissions
Some areas of the Site and Services may allow you to submit audio, video, text, or other materials (collectively, “User Submissions”). When you provide User Submissions, you grant to GBI, its parent, subsidiaries, affiliates, and partners a non-exclusive, worldwide, irrevocable, perpetual, royalty-free, fully sublicenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You waive any moral rights you have in your User Submissions.
We respect your ownership of User Submissions.
If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in the Terms, any other Agreement between you and GBI, and any access granted to others.
We may refuse or remove a User Submission without notice. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our parent, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions. Except as provided in the Privacy Policy, we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. You should not provide User Submissions that you wish protected from others.
You represent and warrant that you have all rights necessary to grant to GBI the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.
7. Accuracy of Information; Third-Party Content
Although we attempt to ensure the integrity and accurateness of the Site, Services and Content, we make no guarantees whatsoever as to the correctness or accuracy of the foregoing. It is possible that the Site, Content, and Services could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to them by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. We may change or discontinue the Site, Content, and Services without notice.
We sometimes offer third party content or link to third party websites on the Site and Services. We do not endorse or evaluate third party content and websites, and we do not assume responsibility for them. All third party content is provided completely as-is, without warranties of any kind. Your sole remedy in the event of any issue with the third party content is to cease using it. You should review their terms of use and privacy policies before you use their services.
8. Fee-Based Services
If you purchase fee-based products or features, you will agree to the terms and conditions governing such purchases at the time of purchase, including all requirements to pay applicable fees. We will notify you of any changes to charges.
We may offer trial subscriptions to paid services for free or at special discounted prices. Unless otherwise stated, trial subscriptions and any other subscription services we provide will be automatically renewed at the current subscription rate if you do not cancel before the end of the trial period. You may need to cancel your subscription at least 90 days prior to its renewal date in order to avoid further charges.
Unless otherwise stated, all fees and charges are non-refundable, including for unused portions of cancelled subscriptions. We do not provide price protection.
9. Acceptable Use
The Site and Services have been designed to present GBI Content in a unique way. You agree not to access the Site and Services using any interface other than ours, unless we give you express permission.
Without limiting any other provision in these Terms, you may not use or help others to use the Site and Services to do the following:
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Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities;
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Link to the Site and Services from a site that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, or that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
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Transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, or that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
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Frame the Site and Services, display the Site and Services in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between GBI and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
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Engage in unauthorized spidering, “scraping,” or harvesting of the Site or Content, or contact or other personal information, or use any other unauthorized automated means to compile such information;
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Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
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Transmit files that contain viruses, spyware, adware, or other harmful code;
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Defeat any access controls, access any portion of the Site and Services that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials.
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Advertise or promote goods or services without our permission (including sending spam);
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Interfere with others using the Site and Services or disrupt the Site and Services; or,
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Transmit, collect, or access personally identifiable information about other users without the consent of those users and GBI;
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Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit.
10. Site Access; Account Deletion
We may take any of the following actions in our sole discretion at any time for any reason without giving you prior notice:
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Restrict or terminate your access to the Site and Services;
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Change or discontinue the Site and Services;
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Deactivate your accounts and delete all related information and files in your accounts;
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Provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the Site and Services, or as otherwise described in the Privacy Policy.
We will not be liable to you or any other third party for taking any of these actions and we will not be limited to the remedies above if you violate any of these Terms.
If you do not agree to the Terms listed here, you should immediately stop using the GBI Site and Services. If you want to delete your account on a Service, please use the instructions posted on the Service at which you obtained the account. Any User Submissions you made while using the Site and Services will continue to be governed by Section 6 of these Terms. Sections 6 and 11-15 of these Terms will survive any termination of your access to the Site and Services, whether we terminate your access or you voluntarily discontinue your use.
11. Indemnification
You will defend, indemnify, and hold harmless GBI, its parent, subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors, suppliers, or other representatives of each of them and all of their successors and assigns (collectively, the “GBI Parties”) with respect to all claims, costs (including attorney’s and experts’ fees and costs), damages, liabilities, fines, sanctions, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Site and Services (including, without limitation, any breach of these terms or use of your account, whether or not authorized by you, and claims arising from User Submissions). GBI retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section 11 without GBI’s prior written approval.
12. Governing Law, Venue, and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the People’s Republic of China, without regard to conflict of law principles. Any dispute arising out of these Terms will be settled by arbitration in Shanghai and submitted to Shanghai International Economic Trade Arbitration Commission, under the rules in force when the notice of arbitration is submitted. The language of the arbitration proceedings will be English. The arbitral award shall be final and have binding force on the Parties.
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14. Miscellaneous
We may be required by state, federal or other law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on our sites or delivering them to you via email. You may update your email address by visiting the Site and Services where you have provided contact information. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Site and Services, constitute the entire agreement between you and us and supersede all prior agreements.
15. Disclaimers; Limitation of Liability
GBI PARTIES DO NOT WARRANT: (1) THAT the Site, Services, and Content, ANY OF the Site and Services’ FUNCTIONS OR ANY CONTENT OR SOFTWARE CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT the Site, Services, Content, OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT the Site, Services, Content OR INFORMATION AVAILABLE THROUGH the Site and Services WILL CONTINUE TO BE AVAILABLE. GBI PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. The Site and Services, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM the Site and Services, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND.
IN NO EVENT SHALL GBI, ITS SUBSIDIARIES AND ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY OTHER DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF OR RELATED TO THESE TERMS OF USE INCLUDING, BUT NOT LIMITED TO, (A) the Site, Services or Content (B) YOUR USE OF THE Site, Services, Content, OR OTHER INFORMATION CONTAINED IN OR AVAILABLE THROUGH THE Site, Services, Content; (C) YOUR INABILITY TO USE THE Site, Services, Content; (D) MODIFICATION OR REMOVAL OF CONTENT OR SERVICES; (E) MODIFICATION OR REMOVAL OF USER SUBMISSIONS; OR (D) THESE TERMS OF USE. THE FOREGOING LIMITATION APPLIES EVEN IF GBI KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THAT THEY ARE LAWFUL IN YOUR JURISDICTION. YOU WAIVE ANY PROVISIONS OF ANY STATE, PROVINCE, OR COUNTRY LAW THAT LIMIT OR PROHIBIT A GENERAL RELEASE, INCLUDING, IF APPLICABLE, SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT, MATERIALS, SITE OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE, SERVICES AND CONTENT. THIS LIMITATION APPLIES EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
IN NO EVENT WILL GBI’S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS YOU MAY HAVE AGAINST GBI IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF THE SITE, CONTENT OR SERVICES EXCEED $100. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, CONTENT OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF GBI PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY GBI PARTIES, INCLUDING WITHOUT LIMITATION the Site and Services (INCLUDING THOSE INCORPORATING USER SUBMISSIONS).
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
LAST UPDATED: January 13, 2015
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