This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English Version controls.
Please note that certain changes to the general terms may apply as deemed appropriate by CN1699.
Welcome to CN1699.COM. CN1699.COM and/or its affiliates provide website features and other products and services to you when you visit CN1699.com, register as users of CN1699.COM, use CN1699 products and/or services, use CN1699 E-shop, use software provided by CN1699 in connection with any of the foregoing (collectively “CN1699 Services”).
We may amend this Agreement anytime by posting an updated version at WWW.CN1699.COM (the “CN1699.COM Site”). The updated version of this Agreement shall take effect immediately upon posting. By continuing to use CN1699 Services, you agree that the amended terms will apply to you.
ABOUT CN1699 AND CN1699 SERVICES
CN1699 is an online marketplace, which allows its users to offer, sell, buy, and tender Medical Device and Equipment, Medical Supplies and Parts, as well as other products limited to products that promote beauty, health, and wellness. The actual contract for sale is directly between the seller and buyer.
While we may provide pricing, shipping, listing and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, CN1699 has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listing; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item/items.
The CN1699 Services are services provided by CN1699.COM and our affiliates to facilitate payments in connection with the online transactions concluded on and through the CN1699.COM Sites.
The CN1699 Services are only available to the registered members of the CN1699.COM Sites (“Users”). A User who purchases or acquires any product or service in an Online Transaction is referred to also as a “Buyer”, and a User who sells or provides any product or service in an Online Transaction is also referred as a “Seller”. If your subscription to any membership services of the CN1699.COM Sites expires or is terminated for any reason, you are not eligible to use the CN1699 Services.
By using CN1699.COM and CN1699 Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Services, and sometimes, additional terms may apply. When you’re using the Services you also will be subject to guidelines, terms, and agreements applicable to that Service.
In connection with using or accessing the Services you will not:
- Post, List or upload content or items in inappropriate categories or areas on our sites;
- Breach or circumvent any laws, third-party rights of our systems, policies, or determinations of your account status;
- Use our Services if you are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
- Post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
- Take any action that may undermine the feedback or rating systems
- Transfer CN1699 account and user ID to another party without our consent;
- Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- Distribute viruses or any other technologies that may harm CN1699 or the interests or property of users;
- Use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior permission of CN1699;
- Interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- Infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to CN1699. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to CN1699 and its users;
- Infringe any Intellectual Property Rights that belong to third parties affected by the use of the Services or post content that does not belong to you;
- Commercialize any CN1699 application, information, or software associated with such application, except with the prior permission of CN1699.
- Harvest or otherwise collect information about users without their consent.
If we believe you are abusing CN1699 in any way, we may, in sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, and take any technical and/or legal steps to prevent you from using our Services.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.
COPYRIGHT AND TRADEMARKS
All content included in or made available through CN1699 Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of CN1699 or it’s content suppliers are protected by International Copyright Laws. The compilation of all contents included in or made available through any CN1699 Service is the exclusive property of CN1699 and protected by the International Copyright Laws.
In addition, graphics, logos, page headers, button icons, scripts and service names included in or made available through CN1699 Services are trademarks of CN1699. CN1699’s trademarks may not be used in connection with any product or service that is not CN1699’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CN1699. All other trademarks not owned by CN1699 that appear in any CN1699 Service are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by CN1699.
When providing content using CN1699 Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that content connection with our provision, expansion, and promotion of CN1699 Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against CN1699, our assignees, our sublicensees, and their assignees your Intellectual Property Rights in that content in connection with our, those assignees’, and those sublicensees’ use of that content.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of such content (including derivative works) by us, our users, or other in contract with us, and in compliance with this Agreement, does not and will not infringe any Intellectual Property Rights of any third party. CN1699 takes no responsibility and assumes no liability for any content provided by you or any third party.
While we try to offer reliable data, we cannot promise that the content provided through the CN1699 Services will always be available, accurate, complete, and up-to-date. As a buyer, you agree that CN1699 is not responsible for examining or warranting the listings or content provided by third parties through the CN1699 Services and that you will not attempt to hold us liable for any inaccuracies. As a seller, it is your responsibility to review the content of your listings for accuracy and that you will not attempt to hold us responsible for inaccuracies.
CN1699 respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your concerns through our Contact Us page.
AUTHORIZATION TO CONTACT YOU
CN1699 may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to:
- Notify you regarding your account;
- Troubleshoot problems with your account;
- Resolve a dispute;
- Poll your opinions through surveys or questionnaires; or
- As otherwise necessary to service your account or enforce this User Agreement, our Policies, applicable law, or any other agreement we may have with you.
CN1699 may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions) if you consent to such communications.
CN1699 may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with CN1699 or its agents for quality control and training purposes, or for its own protection.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We try to keep CN1699 Services safe, secure and functioning properly, but we cannot guarantee the continuous operation of or access to CN1699 Services. Update and notification functionality in CN1699’s applications may not occur real time. Such functionality is subject to delays beyond CN1699’s control.
The CN1699 Services and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the CN1699 Services are provided by CN1699 on “AS IS” and “AS AVAILABLE” basis, unless otherwise specified in writing. CN1699 makes no representations or warranties of any kind, express or implied, as to the operation of the CN1699 Services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the CN1699 Services unless otherwise specified in writing. You expressly agree that your use of the CN1699 Services is at your sole risk.
In addition, to the extent permitted by the applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents, and employees) are not liable, and you agree not to hold us responsible for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect or consequential damages) resulting directly or indirectly from:
- The content you provide (directly or indirectly) using the CN1699 Services;
- Your use of or inability to use the CN1699 Services;
- Pricing, Shopping, format, or other guidance provided by CN1699;
- Delays or disruptions in the CN1699 Services;
- Viruses or other malicious software obtained by accessing or linking to the CN1699 Services;
- Glitches, bugs, errors, or inaccuracies of any kind in the CN1699 Services;
- Damage to your hardware device from the use of any CN1699 Service;
- The content, actions, or inactions of third parties, including items listed using the CN1699 Services or the destruction of allegedly fake items;
- A suspension or other action taken with respect to your account;
- The duration or manner in which your listings appear in search results;
CN1699 will only be liable for the obligations expressly set forth in this Agreement. You agree that all risks arising from the online transaction will be borne by you and your counterparty.
Users’ information is provided by Users themselves. CN1699.COM makes no representation or warranty with respect to the accuracy, truthfulness, and completeness of the Users’ information. You will be solely responsible for all consequences resulting from your own judgment and decision to use or otherwise rely on such information.
Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the foregoing exclusions or limitations may not apply you. You may also have other rights that vary from state to state.
RELEASE AND INDEMNITY
If you have a dispute with one or more users, you release us (and all our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of CN1699 or your breach of any law or the rights of a third party.
These Terms and the other policies posted on CN1699.COM constitute the complete and exclusive understanding and agreement between you and CN1699 and govern your use of the CN1699 Services and the Website superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. The Terms and the relationship between you and CN1699 shall be governed by the laws of People’s Republic of China (PRC) without regard to its conflict of law principles. You and CN1699 agree to submit to the personal and exclusive jurisdiction of the courts located within the People’s Republic of China (PRC). The failure of CN1699 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 (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE AND/OR THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, EXCEPT THAT CN1699 MAY COMMENCE ANY SUCH CAUSE OF ACTION IN ACCORDANCE WITH THE APPLICABLE STATUTE OF LIMITATIONS UNDER THE LAWS OF PEOPLE”S REPUBLIC OF CHINA (PRC). OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms shall inure to the benefit of and be binding upon each party's successors and assigns.
We may amend this User Agreement at any time by posting the amended terms on WWW.CN1699.COM. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days’ notice by posting the amended terms. Additionally, we will notify you through the CN1699 Message Center and/or by email. Your continued access or use of CN1699 Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and a CN1699 representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the CN1699 site.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity.