Terms and Conditions
Dalian Development Website Terms and Conditions
Introduction
These terms and conditions as amended from time to time (the Terms and Conditions) together with our Privacy Policy and Cookie Policy, ( together the Agreement) set out basis upon which you as a user (You or User) are entitled to use this website (the Website) which is operated by or on behalf of Dalian Development (DALIAN DEVELOPMENT).
These Terms and Conditions govern your access to, and use of the Website. Should you disagree with these terms, you should immediately stop using the Website. We may amend the Agreement from time to time. Your continued use of the Website shall be deemed acceptance by you to be bound by the terms of the modified Agreement. This Agreement may be amended with immediate effect if such amendment is necessary to comply with any applicable laws, regulations and guidelines issued by any applicable regulatory authority.
This Agreement (as varied from time to time) constitutes the entire agreement between us, and you acknowledge that you have not relied upon and shall have no remedies in respect of any representations, statements or pre-contractual statements that are not expressly set out in these terms unless made fraudulently.
Disclaimer
The information on this Website is provided for information only. Nothing contained in this Website constitutes or is to be relied upon as tax, accounting, legal, investment or other professional advice. Neither the information nor any opinion contained in the Website constitutes a solicitation or offer by DALIAN DEVELOPMENT to buy or sell any securities, futures, options or other financial instruments, nor shall any such security be offered or sold to any person in any jurisdiction pursuant to this Website or in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction. Decisions based on information contained on this Website are the sole responsibility of the User, and in exchange for using this Website, you agree to hold DALIAN DEVELOPMENT harmless against any claims for damages arising from any decisions that you make based on such information.
The information provided on this Website may not be current and is provided on an “AS IS” basis and without warranties or representations of any kind, whether express or implied, statutory or otherwise. DALIAN DEVELOPMENT does not warrant, either expressly or impliedly, the accuracy or completeness of the information, text, graphics, links or other items contained on this Website and expressly disclaims all liability for errors and omissions in these materials and for the use or interpretation by others of information contained on this website. To the fullest extent permissible pursuant to applicable law, DALIAN DEVELOPMENT disclaims all warranties, including, without limitation, implied warranties of merchantability, satisfactory quality and fitness for a particular purpose.
Forward Looking Statements
Certain information and materials contained on this Website may contain forward-looking statements. Forward-looking statements are typically identified by words or phrases such as likely, believe, expect, anticipate, intend, estimate, position and variations of such words and similar expressions, or future or conditional verbs such as will, would, should, could, may or similar expressions. DALIAN DEVELOPMENT cautions that these forward-looking statements are subject to numerous assumptions, risks and uncertainties, all of which change over time, and DALIAN DEVELOPMENT assumes no duty to update forward-looking statements. Actual results could differ materially from those anticipated in these forward-looking statements and future results could differ materially from historical performance.
Access to and use of the Website
DALIAN DEVELOPMENT may, where necessary (as determined DALIAN DEVELOPMENT’S sole discretion) suspend access to the Website or disable it indefinitely. We are under no duty to update any of the information on the Website even where such information may be out of date. We shall not be liable where the Website has been suspended or closed.
You may only use the Website for lawful purposes. Without limiting the foregoing, you may not use the Website:
- in any way that breaches any applicable local, state, national or international law or regulation;
- in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
- to transmit or procure the transmission of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation; or
- to knowingly transmit, send or upload any data containing viruses, worms, time-bombs, keystroke loggers, malware, spyware, adware or other harmful programs whatsoever. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
Intellectual Property Rights
All intellectual property rights in the Website or materials published by us on the Website are either owned by DALIAN DEVELOPMENT or its licensors. Copyright and other intellectual property right laws and treaties protect this information. All rights are reserved. No liability whatsoever for the content published on the Website is accepted.
Unless you have the prior written consent of DALIAN DEVELOPMENT, you must not use or distribute information derived from the Website. You hereby agree that you shall not download or print off copies of such materials for any purposes other than those for which it is intended. Any breach of this term will result in your rights to use the Website ceasing immediately and you undertake to return or destroy any copies of the materials you have made and, if you are asked to destroy such copies, proof of destruction must be provided.
Access to any DALIAN DEVELOPMENT website does not authorize you to use any of DALIAN DEVELOPMENT’s names, logos, trademarks or copyright material, and you agree not to do so without DALIAN DEVELOPMENT’s express written consent.
Links to other websites
DALIAN DEVELOPMENT may establish links between this website and one or more websites operated by third parties. DALIAN DEVELOPMENT has no control over any such other websites, the contents therein, their privacy and cookie policies or the products/services offered. The existence of any such links shall not constitute an endorsement, representation or warranty by DALIAN DEVELOPMENT of such websites, the contents of the websites, the privacy or cookie policies which they follow, the products or services of the websites or the operators of the websites. DALIAN DEVELOPMENT disclaims responsibility for the privacy policies and customer information practices of third-party internet websites hyperlinked from our website.
Links to this Website from other websites
You shall not display hyperlinks on your websites to any website owned or operated by DALIAN DEVELOPMENT. If you desire to display on your website a hyperlink to a DALIAN DEVELOPMENT website, you must enter into a written agreement with DALIAN DEVELOPMENT governing such display.
Communications to and from this Website
Electronic communications can be intercepted by third parties and, accordingly, communications to and from this website may not be secure. DALIAN DEVELOPMENT shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by you to DALIAN DEVELOPMENT through this Website or otherwise unless otherwise agreed.
Exclusions and Limitations of Liability
Any information or resources published on the website is provided on an “as is” basis” without any guarantees, conditions, representations or warranties including as to its accuracy, merchantibility, satisfactory quality or fitness for a particular purpose whether express or implied, statutory or otherwise, which are excluded to the fullest extent permitted by applicable law.
DALIAN DEVELOPMENT and its affiliated entities hereby expressly exclude to the fullest extent permitted by law any liability to you or anyone else for any direct, indirect, consequential special, incidental or punitive loss or damage arising in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation, any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if we have been advised of the possibility of such damages or losses.
This does not affect our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
General Terms and Conditions
Survival. All disclaimers, indemnities and exclusions in these terms shall survive termination of these terms for any reason, as shall any other provisions of these terms that by their nature are intended to survive such termination.
Complaints. Should you have any complaints in relation to your use of the Website, please notify us by email at [email protected]. We will aim to acknowledge your complaint promptly, investigate the circumstances and report the results to you.
No Waiver. No failure or delay by us in exercising any of our rights under these terms shall be deemed to be a waiver of that right, and no waiver by us of a breach of any provision of these terms shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
Severability. If any provision of this Agreement is held by any court or other competent authority to be invalid or unenforceable, in whole or in part, the Agreement shall continue to be valid as to its other provisions and the remainder of the affected provision.
No Partnership. This Agreement shall not be construed so as to create a partnership or joint venture between you and us. Nothing in this Agreement shall be construed so as to constitute you and us as agents of one another.
Assignment. This Agreement shall be binding on and inure to the benefit of each party and their respective successors and assigns. DALIAN DEVELOPMENT shall be entitled to assign or sub-contract any of its rights or obligations under This Agreement in whole or in part.
Force Majeure. DALIAN DEVELOPMENT shall not be in breach of the Agreement if there is, and shall not be liable or have responsibility of any kind for any loss or damage incurred by you as a result of, any total or partial failure, interruption or delay in performance of our duties and obligations occasioned by any act of God, fire, act of government, state, governmental or supranational body or regulatory authority or war, civil commotion, pandemic, epidemic or widespread illness, terrorism, failure of any internet or computer system, interruptions of power supplies, labour disputes of whatever nature or any other reason (whether or not similar in kind to any of the above) beyond our reasonable control.
Governing Law and Jurisdiction. This Agreement shall be construed in accordance with and governed by the laws of the State of Delaware, United States of America without regard to Delaware conflict of law rules. You hereby irrevocably submit to the jurisdiction of the federal and state courts located in the State of Delaware in any suit, action or proceeding arising out of or based on this Agreement or your use of the Website.