The
submission of information to, and use of, the business
listing service available through the ChineseRestaurantUSA.com
(Simplified typing to www.CRUSA.biz) web site is subject
to the following terms and conditions. By submitting
information to, or accessing information from, the Service,
you, the end user customer agree to following terms and
conditions. These Terms and Conditions are a legal agreement
between you and ChineseRestaurantUSA.com.
If you do not agree
to these Terms and Conditions, do not submit information to,
or access information from, the Service. Questions regarding
this agreement should be directed to info@CRUSA.biz.
Membership
Privileges
Membership privileges are granted by ChineseRestaurantUSA.com
to individuals exclusively and are granted specifically to the
subscribing registered member only. Membership rights cannot
be assigned, sublicensed, distributed, shared, viewed, accessed,
or otherwise transferred to anyone other than the registered
member without the express written permission of ChineseRestaurantUSA.com.
ChineseRestaurantUSA.com requires that each registered user
maintain a valid email address and a password, which shall be
utilized for logging on to the ChineseRestaurantUSA.com system.
Members are not permitted to share their individual logon information
with others. ChineseRestaurantUSA.com has the right to refuse
service to any member that refuses to abide by the terms and
conditions herein or abuses their rights related to the ChineseRestaurantUSA.com
service.
ChineseRestaurantUSA.com
utilizes email as a vital and primary communication channel
with customers. As a registered user, Customers hereby acknowledge
and grant ChineseRestaurantUSA.com the permission to communicate
with customers via email (as well as other communication channel
such as phone and fax) for any purposes ChineseRestaurantUSA.com
determines to be relevant including, but not limited to, system
messages, program updates, service announcements and other marketing
messages. We will use best efforts to honor customers request
to opt out of marketing messages, but under no circumstances
will ChineseRestaurantUSA.com have any liability for sending
any email to its registered users/customers.
ChineseRestaurantUSA.com
Member subscriptions will automatically renew at the prevailing
monthly subscription cost and the credit card number provided
for initial payment will be charged accordingly unless the customer
notifies ChineseRestaurantUSA.com Client Services (in writing
or by telephone) 30 days prior to the renewal date. The Company
reserves the right to change its fees, payment frequency, or
billing methods at any time. The Company will provide timely
notice of any such changes.
Submission
and Administration of Listings
Customer agrees not to submit any business descriptions, photographs,
financial, contact or other information contained in each business's
data to ChineseRestaurantUSA.com unless the Customer has received
all necessary rights and authorizations, including from the
photographer and/or copyright owner of any photographs, to publish
and advertise the business on the Customer's website or on the
ChineseRestaurantUSA.com website. The Company may, in its sole
discretion but without any obligation to search for such, remove
businesses that are alleged to have been submitted in violation
of this provision. In addition, the Company may require additional
evidence of compliance with this provision from Customers who
are alleged to have submitted businesses or other information
in violation of this Agreement. The Company will, in its sole
discretion, terminate the accounts of, and refuse service to,
any Customer who repeatedly or knowingly violates this Agreement.
Additionally, the Customer agrees to allow the Business listing,
or any part of it, to be searched, displayed, accessed, downloaded,
copied, and otherwise referred to by users of the Customer's
website or the ChineseRestaurantUSA.com website. The Company
shall have the sole authority to choose the manner in which
any Business will be searched, displayed, accessed, downloaded,
copied, and otherwise used on the ChineseRestaurantUSA.com website
and Company shall have the right to modify the business listing
in the exercise of its rights under this Agreement. The Customer
(a) represents and warrants that all Businesses and associated
information provided by the Customer will be accurate; (b) agrees
that the Customer will not permit the posting of a business
on the ChineseRestaurantUSA.com system under a name other than
the named licensed business that have been engaged by the business
owner to market the business under the terms of a duly executed
listing agreement with the owner; (c) agrees to administer the
Businesses provided by the Customer and maintain their accuracy
at all times. The Company reserves, in a manner consistent with
reasonable commercial business practices, the right to remove
all or any part of the Businesses posted on the Customer's website
or on the ChineseRestaurantUSA.com website. The Company accepts
no responsibility for checking the accuracy of reports or data
files submitted by the Customer. While the Company shall take
all reasonable efforts for data backup and business resumption,
the Customer will be solely responsible for retaining back-up
copies of all information, photographs and other materials it
provides to ChineseRestaurantUSA.com.
Use of Information
Customer agrees to treat all information and Listings obtained
from the Service as proprietary to ChineseRestaurantUSA.com.
Customer agrees that information and Listings reserved for members
will be maintained as confidential and shall be protected as
a trade secret of ChineseRestaurantUSA.com. ChineseRestaurantUSA.com
does not ensure the accuracy of, endorse or recommend any Listings
and Customer uses such Listings at the Customer's own risk.
Customer may access the Listings solely to obtain initial information
from which further evaluation and investigation may commence.
Customer shall limit access to and use of Listings to personal
and internal use, and shall not use Listings obtained from the
Service for further distribution, publication, public display,
or preparation of derivative works or facilitate any of these
activities in any way. Customer shall not use or reproduce Listings
obtained from the Service for or in connection with any other
listing service or device. Customers violating these specific
terms, specifically those customers searching the Service in
an abusive or excessive manner, by automated or manual means,
shall be subject to immediate termination of their membership
and will be assessed an excessive use fee of $200.
Payment Terms
Customer agrees to pay for all products ordered through the
ChineseRestaurantUSA.com web site or via the Client Services
using the payment method indicated and provides ChineseRestaurantUSA.com
express authorization to charge said fees to their payment provider.
Fees owed depend on the specific type and quantity of ChineseRestaurantUSA.com
products, services, information, or deliverables (collectively
"Deliverables") ordered. Payment of fees shall not
be contingent on any events other than the delivery of the ordered
Deliverables. Any attorney fees, court costs, or other costs
incurred in collection of delinquent undisputed amounts shall
be the responsibility of and paid for by Customer. If payment
is not current, ChineseRestaurantUSA.com may immediately cease
to provide any and all Deliverables to the customer. The fees
paid for monthly subscriptions are non-refundable, regardless
of whether the subscription is terminated prior to the end of
the month. Prepaid fees will be refunded based on the number
of months remaining on the contract period, beginning with the
month following receipt of written cancellation, but will be
subject to adjustment for any incentives or discounts provided
for said prepayment. No partial month refunds will be provided.
Customer may cancel their ChineseRestaurantUSA.com product membership
by emailing Client Services cancellations@CRUSA.biz or by log
in service, or by contacting us by telephone at (408) 858-2727
or by postal mail at CrownNet, LLC., 19925 Stevens Creek Blvd.
Cupertino, CA 95014.. All cancellation requests will be processed
within five (5) business days, and a cancellation confirmation
will be emailed to the email address on record for the account.
The membership will be deactivated at the end of the current
billing term. The Company reserves the right to change its fees
or billing methods at any time. The Company will provide timely
notice to the affected Customers of any such changes. It is
the Customer's responsibility to promptly providing the Company
with any contact or billing information changes or updates (including
email address, credit card numbers, etc.).
Listing Restrictions
Customer acknowledges that business listings will only be added
to the ChineseRestaurantUSA.com web site if all contacts added
to that listing are also subscribing individual members. All
listings must be added in accordance with the Submission and
Administration of Listings terms, as above. ChineseRestaurantUSA.com
reserves the right to remove listings that are deemed excessive
in number or in violation of the Submission and Administration
of Listings terms. ChineseRestaurantUSA.com reserves the right,
in its sole discretion, to remove any listing from the Service.
Unsolicited
Commercial Email (Spam)
ChineseRestaurantUSA.com prohibits the use of our system or
its tools to generate or send unsolicited commercial email (spam).
Customers may not use the email services that ChineseRestaurantUSA.com
offers to send spam (i.e. unsolicited commercial email) or otherwise
send content that would violate these Terms and Conditions.
LoopNet has the right to revoke the privileges of any customer
or company that breaches these terms. Ownership and License
Grant ChineseRestaurantUSA.com retains all rights (including
intellectual property rights), title and interest in the ChineseRestaurantUSA.com
Web site and all underlying technology and data including any
enhancements and improvements thereto as a result of providing
the Deliverables hereunder. Customer will not and will not allow
others to: reverse engineer, decompile, disassemble, merge,
copy, use, disclose, sell or transfer the underlying source
code or structure or sequence of ChineseRestaurantUSA.com's
technology or delete or alter author attributes or copyright
notices. Customer shall use the ChineseRestaurantUSA.com system
solely for their own use and shall not allow others to use the
ChineseRestaurantUSA.com system under or through that Customer's
login ID/email and password.
Limitation
of Liability and Indemnification
In no event shall ChineseRestaurantUSA.com be liable for any
indirect, special, incidental or consequential damages, which
including without limitation, damages for loss of business profits,
loss of business, loss of use or of data, or interruption of
business, arising out of this agreement. Customer's exclusive
remedy, and ChineseRestaurantUSA.com's entire liability under
this Agreement shall be a refund to Customer of the fees paid
to ChineseRestaurantUSA.com hereunder, and in no event will
ChineseRestaurantUSA.com's liability for any reason exceed such
fee. ChineseRestaurantUSA.com (and its officers, directors,
employees and agents) shall not be liable for any damages whatsoever
arising from Customer's use of the Deliverables, and Customer
shall indemnify FoodBizForSale (and LoopNet's officers, directors,
employees and agents), and hold each of them harmless from and
against any and all costs, damages or losses by any of them
(including, without limitation, reasonable attorneys' fees)
as a result of a claim by any person other than Customer arising
from Customer's use or application of the Services or the Deliverables.
Warranty
Disclaimers
The listings and service are provided "as is" without
warranty of any kind. ChineseRestaurantUSA.com makes no promises,
representation or warranties, either express, implied, statutory,
or otherwise, with respect to the listings or service, include
their accuracy, operation, conformity or patent defects, and
ChineseRestaurantUSA.com specifically disclaims all implied
warranties of merchantability, noninfringement and fitness for
a particular purpose and, under the law of the united kingdom,
the implied conditions of satisfactory quality and acceptance
as well as any local jurisdictional analogues to the above and
other implied or statutory warranties.
Links to
Third Party Sites
This web site may contain hyperlinks to other web sites operated
by parties other than ChineseRestaurantUSA.com. and its subsidiaries
which are beyond ChineseRestaurantUSA.com's control. Parties
other than ChineseRestaurantUSA.com may provide services or
sell product lines on this site that take you outside of our
service. This includes links from advertisers, sponsors, and
content partners that may use ChineseRestaurantUSA.com's logo(s)
as part of a co-branding relationship. For example, if you click
on a banner advertisement the click may take you off the ChineseRestaurantUSA.com
site. ChineseRestaurantUSA.com does not control, is not responsible
for examining or evaluating, and does not warrant the offerings
of, any of these businesses or individuals or the content of
their web sites. ChineseRestaurantUSA.com does not assume any
liability for the actions, product, and content of all of these
and any other third parties. ChineseRestaurantUSA.com makes
no representations and cannot be held responsible for the accuracy,
relevancy, copyright compliance, legality, or decency of material
on such third party web sites. When you click on a link that
leaves the ChineseRestaurantUSA.com site, the site you will
land on is not controlled by us and different terms of use and
privacy statements may apply. ChineseRestaurantUSA.com also
does not assume, and expressly disclaims, all liability for
any viruses, worms, Trojan horses, defects, or other malfunctions
caused by, resulting from, existing within, or in connection
with such third party sites and any links thereto.
Other Rights
of ChineseRestaurantUSA.com
Customer agrees that ChineseRestaurantUSA.com shall have the
right to use Listings and other information submitted to it
for any purpose, including without limitation for publication
of all or part of such Listing on the Internet for unrestricted
use by ChineseRestaurantUSA.com customers and partners. ChineseRestaurantUSA.com
shall have sole authority to choose the manner in which any
Listing will be received, displayed and used by the Service,
and reserves the right to remove all or any part of a Listing
or refuse Services to anyone at any time in its sole discretion.
ChineseRestaurantUSA.com shall have no obligation to (i) resolve
disputes among users of the Service; or (ii) monitor or verify
the accuracy or proper use of the Listings. ChineseRestaurantUSA.com
reserves the right to modify or change any and all terms and
conditions at any time. The most current copy of these terms
and conditions will be posted and available for review on ChineseRestaurantUSA.com's
corporate web site.