Terms of Service
Effective Date: October 19, 2023
These Terms of Service (“Terms”) govern your use of (a) our website (the “Site”), (b) your purchase and use of any products through the Site (the “Product” or “Products”), and (c) your access to and use of the services, including the various mobile applications, websites, SMS, APIs, email notifications, applications, buttons, widgets, features, ads, and commerce services and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on or through the Site or otherwise governed by these Terms (collectively with (a) and (b), the “Services”). “We”, “us”, “our”, or “Magene” means Qingdao Magene Intelligence Technology Co., Ltd. “You”, “your” or “User” means the person indicating acceptance of these Terms or using the Services.
These Terms may apply to you individually, the business or other legal entity user you represent, or both. If you are using the Site or Services on behalf of a company or other legal entity, you hereby represent and warrant that you have the authority to enter into these Terms on behalf of such entity. By accessing, registering for or using the Services, you: (1) acknowledge that you have read and understand these Terms; (2) agree to be bound by them in their entirety, and (3) are entering into a legally binding agreement with us. As used in these Terms and unless separately identified as applicable to either an individual or entity, “you” and “your” refer to both you individually and the entity on behalf of which you are entering into these Terms.
1. Overview of Services.
Magene applies cutting-edge R&D technology, innovative technology products and intelligent sports equipment to both outdoor and indoor cycling scenarios. Magene uses scientific concepts to provide users with a pleasant and excellent riding experience.
We reserve complete and sole discretion with respect to the operation of the Services. We reserve the right to change terms and warranties without notice. We also reserve the right to withdraw, suspend, or discontinue any functionality or feature of the Services at any time.
2. Your Eligibility; Your Responsibility
To be eligible to use the Services, you represent and warrant that you: (i) are at least 16 years of age, or otherwise over the age of majority in the jurisdiction in which you reside; (ii) are not currently restricted from the Services and are not otherwise prohibited from having an account related thereto; (iii) will only maintain one account at any given time; (iv) will only provide accurate information to Magene. When registering an account for the Services, you agree to provide only true, accurate, current and complete information requested by the registration form and to promptly update the registration data thereafter as necessary; (v) have full power and authority to enter into these Terms and doing so will not violate any other agreement to which you are a party; and (vi) will not violate any rights of Magene or a third party.
You agree to monitor your account to restrict its use by minors and other unauthorized users and agree not to share your account or password with anyone. You agree not to create an account using a false identity or alias or if you previously have been banned from using any of the Services. You further agree that you will not maintain more than one account for the same Services at any given time. Magene reserves the right to remove or reclaim any usernames at any time and for any reason. You acknowledge and agree that you have no ownership or other property interest in your account and that all rights in and to your account are owned by and inure to the benefit of Magene.
3. Personal Information; Your Content; Feedback.
3.1. Accuracy. By registering for our Services, you represent and warrant that all information you submit to us is true, accurate, current and complete and that you will promptly notify us in writing if your information changes. It is your responsibility to keep your account and profile information accurate and updated. We are not responsible for any disputes or claims related to any inaccurate, incomplete, or untimely information provided by you to us.
3.3. Interactions with Other Users. You are solely responsible for all interactions with other users.You acknowledge and agree that we do not have an obligation to verify any Content or other information provided by users on the Services.
Magene enables sharing of information by allowing users to post Content and information, including links and other information. Pursuant to the license granted by you above, Magene may grant other users of the Services access and share rights to your Content and other information in accordance with these Terms, your settings and the nature of your connection with such other users. Information you share may be seen and used by other users of the Services. Magene cannot guarantee that users of the Services will not use the information that you share on Magene, nor the manner of use. Magene is not responsible for another user’s or other third party’s misappropriation or misuse of your Content or other information. You are solely responsible for your interactions with other users. Additionally, Magene is not responsible for the truthfulness, accuracy, authenticity, or completeness of any of the Content or any other information provided by other users or any other third party.
You hereby release Magene from all claims, demands, or damages of every kind, known or unknown, in any way connected with (i) any relationship arising between users of the Services, (ii) any dispute between you and another user, or (iii) arising out of any services which originated through the Services or were otherwise provided by a user. Additionally, you agree to immediately report to us any false information provided or misconduct by any user of the Services.
3.4. Social Media Integration. The Services may allow you to enable or log in to the Services via various social networking services (“Social Network Service(s)”). By directly integrating these services, we make your online experiences richer and more personalized, including the ability to share pictures of your pets. To take advantage of this feature, we will ask you to log into or grant us permission via the relevant Social Network Service. When you add a Social Network Services account to the Service or log into the Service using your Social Network Services account, we will collect relevant information necessary to enable the Service to access that Social Network Service and your data contained within that Social Network Service. As part of such integration, the Social Network Service will provide us with access to certain information that you have provided to the Social Network Service, and we will use, store and disclose such information in accordance with our privacy statement. However, please remember that the manner in which Social Network Services use, store and disclose your information is governed by the policies of such third parties, and Magene shall have no liability or responsibility for the privacy practices or other actions of any Social Network Services that may be enabled within the Service.
Magene cannot guarantee the continued availability of any Service features that interoperate with a Social Network Service, and may cease providing them without notice or entitling you to a refund, credit or other compensation, if for example and without limitation, the provider of a Social Network Service ceases to make the Social Network Service available for interoperation with the corresponding Service features in a manner acceptable to Magene.
- 5. Feedback. You may from time to time identify problems, solutions to identified problems, provide suggestions, comments or other feedback related to our Services or otherwise relating to Magene (“Feedback”) to Magene. You acknowledge and agree that all Feedback is and shall be given entirely voluntarily and Magene shall be free to use or disclose such Feedback for any purpose. You further acknowledge and agree that your Feedback does not contain confidential or proprietary information and you are not entitled to any compensation or reimbursement of any kind from Magene under any circumstances relating to such Feedback.
4. Personal Use; Limited License; Ownership
Subject to the terms and conditions herein, Magene grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license and right to access the Services through a generally available mobile device, web browser or Magene authorized Site to view content and information and otherwise use the Services to the extent intended and permitted by the functionality thereof. This license is personal to you, and you may not resell our Services, permit other users access to our Services through your account, or use the Services to host Content for others. You may not copy or download any content from the Services except with the prior written approval of Magene. You acknowledge that, except as otherwise expressly provided, these Terms are solely between you and Magene. Any future release, update or other addition to the Services shall be subject to these Terms.
Furthermore, without the prior written approval of Magene, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of the Services. Any commercial use not expressly authorized is prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the Services. Your rights are subject to your compliance with these Terms as well as any other agreements applicable to the Services you are using. The Services provided by Magene are licensed, not sold. The Services, and all copies of the Services, are owned by Magene or its third party licensors and are protected by various intellectual property laws, including, without limitation, copyright and trade secret laws. Magene reserves all rights not expressly granted to you herein. You agree that you have no right to any Magene trademark or service mark and may not use any such mark in any way unless expressly authorized by Magene.
Making unauthorized copies or distribution of Site content or otherwise violating these Terms may result in the termination of your Magene account, prohibition on use of the Services, and further legal action. Magene reserves the right to limit your use of or access to the Services, in its sole discretion in order to maintain the performance and availability of the Services and to enforce these Terms of Service.
Magene is not liable for the loss, corruption, alteration or removal of any content or other information transmitted using our Services. By using our Services, you expressly waive the right to seek damages and agree to hold Magene harmless for any such loss, alteration, corruption or removal. You acknowledge and agree that you are solely responsible for retaining all records and reconciling all transaction information relating to your use of the Services.
5. Order;Payment;Shipment; Post-sales Service
5.1. Order Process.
5.1.1. Order Acceptance.Each part of any order that you submit to Magene constitutes an offer to purchase Products. If you do not receive a message from Magene confirming receipt of your order, please contact us by firstname.lastname@example.org before re-entering your order. Magene's confirmation of receipt of your order does not constitute Magene's acceptance of your order. Magene is only deemed to have accepted your order when (i) Non-High Risk Fraudulent Order（High-Risk Fraudulent Orders include but are not limited to the orders made with lost, stolen, faked, or synthetic credit/debit cards）,(ii) payment, billing and shipping information are correct, and the shipping address is within the Magene shipping range, and (iii) the Products purchased are in normal saleable condition .
5.1.2. Order Issues. Although we strive to accept all valid orders, Magene reserves the right to deny any order for any reason, including if: (i) we discover an error in pricing and/or other information about the Product or receive insufficient or erroneous billing, payment, and/or shipping information, (ii) we suspect an order has been placed using stolen payment card information or otherwise appears to be connected to fraud, or (iii) the ordered Product is unavailable due to discontinuance or otherwise. We may also refuse any order that is connected with a previous payment dispute.
5.1.3. Order Cancellation. If any Product is discontinued or otherwise becomes unavailable, Magene reserves the right to cancel your order and provide you a refund for the amount paid for the Product (if the Product is a one-time order).
5.2 Payment Methods.
5.2.1. PayPal . To pay via PayPal, simply select ‘PayPal’ as a payment method during checkout. Then, log in to your personal PayPal account with your e-mail address and PayPal password to confirm the payment amount.
5.2.2.Credit/Debit Card . To pay by Credit/Debit card, just select "Credit/Debit Card" as the payment method at checkout, then fill in your Card Number, Expiration Date and CVC Number to confirm the pay the amount.
5.2.3 You should provide Magene with valid payment information in connection with your orders. By providing Magene with your payment information, you agree that (i) Magene is authorized to immediately invoice your Payment Account for all fees and charges due and payable to Magene hereunder, (ii) Magene is authorized to share any payment information and instructions required to complete the payment transactions with its Third-Party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services), and (iii) no additional notice or consent is required for the foregoing authorizations. You agree to immediately notify Magene of any change in your payment information.
Magene reserves the right at any time to change its prices and billing methods. If payment cannot be charged to your payment card or your payment is returned for any reason, Magene reserves the right to either suspend or terminate your access to the unpaid-for services.
Currently, Magene only supports shipments to United States, and will supports more countries/regions in the future. Free standard shipping available on all orders over 99 USD. Each order priced below 99 USD will be charged for a shipping fee of 10 USD.
The Products you purchase on the Site will be shipped from the United States or China (generally, if shipped from the United States warehouse, expect delivery in 3-7 business days；if shipped from the China warehouse, expect delivery in 10-15 business days). The specific shipping address can be found on the checkout page or Product details page.
Orders for PR (Puerto Rico), HI (Hawaii), GU (Guam), AK (Alaska), APE Military District and Saipan are not currently accepted.
5.4. Return & Exchange
Within 7 days after the package is signed, if the Product encounter the following problems, you can contact Magene to solve:
- The function and material of the Product do not match the description of the website;
- The appearance of the Product has obvious defects;
- The Product has quality problem that affect use;
- Product damage caused by transportation.
Please keep the evidence as soon as possible and send the question to email@example.com in time. We will reply you and solve the problem within 2 working days after receiving your feedback.
Returned items must be returned in their original packaging and in the same condition in which they were sold, including all packaging, parts, accessories, manuals and documentation; incomplete returns may be subject to additional charges or partial refunds.
You are responsible for the shipping cost of sending the Product back to Magene and the risk of the Product being lost or damaged in transit to Magene; please do not use pay-as-you-go or pick-up logistics.
5.5. Product Warranty
5.5.1 Product Warranty period. Magene provide Product Warranty services for you within the period specified in the Product’ packaging or manual.
5.5.1 Those belonging to one of the following situations are not covered by the Product Warranty:
- Damage caused by improper use, maintenance, and storage;
- Damage caused by disassembly by non-Magene officially authorized repairers;
- The model of the warranty certificate does not match with the model of the repaired Product or is altered;
- Damage caused by force majeure;
- Any damage caused by not using, maintaining and adjusting according to the requirements of the User Manual;
- Other failures and damages that are not caused by the Product's own design, manufacturing, quality and other issues.
5.5.3 Product Warranty costs:
During the Product Warranty period , the repair cost will be borned by Magene; the Product damage caused by man-made reasons and the Product beyond the Product Warranty period, you need to pay the repair cost;
You need to bear the freight cost of sending the Product back to Magene, and the risk of loss or damage of the Product on the way to Magene; please do not use pay-as-you-go or self-pick-up logistics.
6. Term; Termination.
6.1 Term. These Terms for the Services will commence upon your acceptance, use of the Site or any Services, or your order of Products. With respect to the Site and Services these Terms will continue for so long as you access any of the Site or Services, unless earlier terminated in accordance with these Terms.
6.2. Termination. At its sole discretion, Magene may modify or discontinue the Services, or may modify, suspend or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any Third-Party. In addition to suspending or terminating your access to the Services, Magene reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Services is terminated, this Agreement will remain enforceable against you and unpaid amounts you owe to Magene for Products purchased will remain due.
7. Third-Party Links
8. Acceptable Use Policy
You agree to comply with all applicable laws and regulations in connection with your use of the Services. You may not use our Services to post or transmit any illegal material, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. In particular, the following is a representative, non-exhaustive list of acts that are prohibited:
- Using the Services while operating a motor vehicle;
- The transmission or posting of chain letters or pyramid schemes, or other acts that involve deceptive online marketing practices or fraud;
- Acts that may materially and adversely affect the quality of other users’ experience;
- Actual or attempted unauthorized use or sabotage of any computers, machines or networks;
- Introducing malicious programs into Magene’ Services, network or servers (e.g. viruses, worms, Trojan horses, etc.);
- Engaging in any monitoring or interception of data not intended for you without authorization;
- Attempting to circumvent authentication or security of any host, network, or account without authorization;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
- Adapt, modify or create derivative works based on the Services, technology underlying the Services, or other users’ Content or other information, in whole or part;
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on the Services (excluding Content posted by you) except as permitted in these Terms, or as expressly authorized by Magene in writing;
- Using any method, software or program designed to collect identity information, authentication credentials, or other information;
- Transmitting or receiving, uploading, using or reusing material that is abusive, indecent, defamatory, harassing, obscene or menacing, or a breach of confidence, privacy or similar third party rights;
- Transmitting or receiving, uploading, using or reusing material that violates any intellectual property rights of a third party, including, without limitation, patents, trademarks, trade secrets or copyrights;
- Transmitting, receiving, uploading, using or reusing material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Falsifying user identification information;
- Using the Services for anything other than lawful purposes including, but not limited to, intentionally or unintentionally violating any applicable local, state, national or international law; or
- Impersonating any person or entity, including, but not limited to, a Magene representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
Magene enforces a zero-tolerance SPAM policy regarding information transmitted through our network. Magene may determine in its sole discretion whether any transmissions are considered SPAM. SPAM includes, but is not limited to, the following:
- Bulk unsolicited e-mail, promotional material, or other forms of solicitation sent via the Services, or e-mail that advertises any IP address belonging to Magene or any URL (domain) that is hosted by Magene.
- The use of web pages set up on ISPs that allow SPAM-ing that directly or indirectly reference customers to domains or IP addresses hosted by Magene.
- Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.
If Magene determines that you have posted one or more articles of SPAM, we may cancel your account immediately and take steps to prevent you from using our network at any time thereafter.
You agree not to use the Services for the purpose of recruiting for another website or service that offers competing functionality to the Services.
9. Copyright Protected Materials
Magene respects the intellectual property rights of others and expects that you do the same. It is our policy to terminate, in appropriate circumstances, the accounts of subscribers who infringe the copyrights of others. You may not upload, download, post, publish, transmit, reproduce, or distribute in any way, files, material, information, software or other material obtained through the Services that is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or other right holder. Magene has the right, but not the obligation, to remove from the Services any files, material, information, software or other material Magene believes is or may be, in its sole discretion, infringing or otherwise in violation of the rights of others.
If you believe in good faith that your copyright has been infringed, please provide a written communication regarding such belief to: firstname.lastname@example.org.
10. Right to Restrict or Terminate Access
Magene may deny or restrict your access to all or part of the Services without notice in its reasonable discretion if it deems that you have engaged in any conduct or activities that Magene in its reasonable discretion believes violates the letter or spirit of any of these Terms. If Magene denies or restricts your access to the Services because of such a violation, you shall have no right to obtain any refund or credit for the subscriptions fees you have paid.
In the event that these Terms or the Services are terminated for any reason or no reason, you acknowledge and agree that you will continue to be bound by these Terms. Following termination, you shall immediately cease use of the Services and any license granted to you under any agreement related to your use of the Services shall immediately terminate. Upon termination, Magene may store and make your data available to you for a period of up to 30 days but reserves the right to delete all of your content, data, and other information stored on Magene’s servers at any time. Magene will not be liable to you or any third party as a result of the termination of these Terms or the Services or for any actions taken by Magene pursuant to these Terms as a result of such termination. Without limiting the generality of the foregoing, Magene will not be liable to you or any third party for damages, compensation, or reimbursement relating to your use of the Services, or the termination thereof.
You may terminate these Terms by terminating your use of the Services and any related account. Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms, will survive the termination of these Terms and termination of the Services. Termination of these Terms or the Services does not relieve you from your obligation to pay Magene any amounts owed to Magene.
You acknowledge and agree that you are solely responsible for protecting your password and other personal information and for the consequences of not protecting such data. Access to our Services and to certain online transactions may involve the use of identification numbers, passwords, payment accounts or other individualized nonpublic information (“Private Documentation”). You shall use your best efforts to prevent unauthorized use of our Services, your account, or of any Private Documentation, and shall promptly report to Magene any suspected unauthorized use or other breach of security. You shall be responsible for any unauthorized use of your account, identification numbers or passwords until we receive written notice of a breach of security and a request to block further access for such numbers and passwords. Magene shall not be liable for any unauthorized use of payment accounts.
12. Disclaimer of Warranty
Actual service coverage, speeds, locations and quality may vary. Magene will attempt to provide the Services at all times, except for limited periods for maintenance and repair. However, the Services may be subject to unavailability for a variety of factors beyond our control including emergencies, third-party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited or curtailed. Delays or omissions may occur. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Services or communications services or networks. We may impose usage or Services limits, suspend the Services, or block certain kinds of usage in our sole discretion to protect users or the Services. The accuracy and timeliness of data received is not guaranteed.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL SITE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. MAGENE DOES NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. MAGENE DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, MAGENE’S WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.
13. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL MAGENE, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (“MAGENE PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES.
MAGENE’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID MAGENE FOR YOUR USE OF THE SERVICES IN THE PRIOR TWELVE (12) MONTHS; OR (B) THE SUM OF ONE HUNDRED (100) US DOLLARS.
SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY. IN SUCH STATES OR JURISDICTIONS, THE MAGENE PARTIES’ LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY MAGENE TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN SECTIONS 11 AND 12 WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT.
You agree to defend, indemnify and hold the Magene Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or relating to (i) any violation of these Terms by you; (ii) your Content or any other content or material you submit or otherwise transmit through our Services; (iii) your violation of any rights of another; or (iv) your use of the Services. Magene reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you.
15. Dispute Resolution
Excluding claims for injunctive or other equitable relief, for any claim where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution Magene mutually agreed upon by the parties. The arbitration shall be conducted by telephone, online or be solely based on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration each party waives any right to a jury trial.
16. Electronic Notices and Disclosures
You acknowledge and agree that Magene may provide notices and other disclosures to you electronically by posting such notices or other disclosures on Magene’s website or by emailing it to you at any email address provided to Magene by you. Such notices or other disclosures shall be considered received by you following the posting on the website or twenty-four (24) hours following the email being sent to you, as applicable. Any such electronic notice or other disclosure shall have the same effect and meaning as if it had been provided to you as a paper copy.
17. Changes to the Terms
We may add to, change or remove any part of these Terms, at any time without prior notice to you other than listing of a later effective date than the one set forth at the top of these Terms. Such modification shall be effective immediately upon posting at the Site. As your next visit to the Site or use of the Services may be governed by different Terms, we encourage you to look for a new effective date on these Terms when you visit the Site or use the Services. It is your responsibility to check these Terms periodically for changes. If we make any material changes to these Terms, we will endeavor to provide registered users with additional notice of any changes, such as at your e-mail address of record or when you log-in to your account.
Your use or continued use of the Services following the posting or notice of any changes to these Terms or any other posted policies shall constitute your acceptance of the changed Terms or policies.
18. Force Majeure. Magene shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
These Terms, along with any rules, guidelines, or policies published on the Magene homepage constitute the entire agreement between Magene and you with respect to your use of our Services. If there is any conflict between the Terms and any other rules or instructions posted on the Services, the Terms shall control. No amendment to these Terms by you by shall be effective unless acknowledged in writing by Magene. Notwithstanding the foregoing, Magene reserves the right, in its sole discretion, to modify these Terms or the policies referenced herein at any time as set forth above.
These Terms shall be governed by and construed in accordance with the laws of the People's Republic of China, without reference to its choice of law rules. Subject to the arbitration provisions above, exclusive venue for any action arising out of or in connection with this agreement shall the people's court. The parties each hereby consent to the jurisdiction and venue in Qingdao City, Shandong Province, China, and waive any objections to such jurisdiction and venue. Notwithstanding the foregoing, you agree that Magene shall be entitled to apply for injunctive remedies or other equitable relief in any jurisdiction.
Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred. If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain in full force and effect. You may not assign your rights or obligations under these Terms without the prior written consent of Magene.
Magene’s failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right. Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms, will survive the termination of these Terms and termination of the Services. All headings included in these Terms are included for convenience only, and shall not be considered in interpreting these Terms. These Terms do not limit any rights that Magene may have pursuant to any intellectual property laws or any other laws. All rights and remedies available to Magene, pursuant to this Agreement or otherwise, at law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available to Magene. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, or any other materials issued in connection therewith, or exploitation of the Services or any data or Content or other material used or displayed through the Services. Except as otherwise expressly set forth herein, there shall exist no right of any person, other than you and Magene, to claim a beneficial interest in these Terms or any rights occurring by virtue of these Terms. No independent contractor relationship, partnership, joint venture, employer-employee or franchise relationship is created by these Terms. If the Terms are available in multiple languages such as Chinese and English, and the corresponding content is inconsistent, the Chinese version shall prevail.
If you have any questions, complaints, or claims, you may contact Magene at : email@example.com or writing to us:
Qingdao Magene Intelligence Technology Co., Ltd.
302, Building 3A, 328 Chengkang Road, Xiazhuang Street, Chengyang District, Qingdao City, Shandong Province, China