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Terms of Use

1. Acceptance of Terms of Use

The following Terms of Use govern use by all Users of 3PEAK INCORPORATED’s and its affiliates’ (hereinafter referred to as "We"  or “3PEAK”) websites and the materials, product, application or service made available by and through the websites (the “Websites”). By using or accessing the Websites, you agree to be bound by these Terms of Use, and any additional agreements, terms and conditions which may accompany the materials made available through the Websites (collectively, the “Terms”). Hereafter, all materials provided by the Websites will be referred to as the "Materials."

To the extent such additional terms conflict with these Terms of Use, those additional terms, with respect to your use of the Materials, product, application or service, will prevail. If you do not agree to the terms, do not access or use the Websites or Materials.

2. Modifications of Terms

3PEAK may, from time to time, modify or remove the Terms without notice to you (“Modified Terms”). Modified Terms will be effective when posted by 3PEAK, and your use of the Websites or the Materials after the posting will be deemed as your acceptance of and agreement to the Modified Terms. The date on which the Modified Terms are posted will be stated at the end of the Terms. If you do not agree to the Modified Terms, you are not authorized to use the Websites and Materials.

3. Security and Privacy

Please review 3PEAK’s Privacy Policy (including our Cookie Policy), which also governs your use of Websites and Materials and the personal information you submit to 3PEAK. 3PEAK's Privacy Notice describes how 3PEAK collects, processes, and discloses your personal information. By accessing and using the Websites, you acknowledge that you have read and agreed to terms in 3PEAK’s Privacy Notice.

4. Accounts, Passwords, and Security

You may need to open an account (including setting up an individual ID and password) in order to access to certain features or services offered on or through the Websites. You are responsible for maintaining the confidentiality of the information in your account (including your password), and for any and all activities that occurs under your account. You agree to immediately notify 3PEAK of any unauthorized use of your account or password, or any other breach of security in connection with your account or your password.

You may not use anyone else’s ID, password or account at any time without the express permission and consent of such holder. 3PEAK cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

5. Use of the Websites

You agree not to use the Websites or Materials for any unlawful purpose. You agree not to attempt to gain unauthorized access to any portion or feature of the Websites or Materials by any unlawful means. You agree not to scan or test the vulnerability of the Websites, nor breach the security or authentication measures used on the Websites or Materials. You may not reverse search, trace or attempt to trace any information about any other user of or visitor to the Websites, or any other customer of 3PEAK, or misuse the Websites or any services or information provided by or through the Websites.

6. Third- Party Links

For the convenience of our visitors, the Websites may contain links to other independent third-party websites ("Linked Sites"). Such Linked Sites are not under the control of 3PEAK and 3PEAK is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.

7. Copyrights and Trademark

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code contained on the Websites, and the design, structure, selection, collocation, expression, and arrangement of such content (collectively, the "Content"), are owned or licensed by 3PEAK, and are protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Websites or any Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any form to any other computer, server, website or other medium of any commercial enterprise without 3PEAK's express prior written consent.

You may use information about 3PEAK products and services (such as datasheets, knowledge articles, and similar materials) that is intentionally made available by 3PEAK for downloading exclusively from the Websites, provided that you (1) do not remove any proprietary notices from any copies of such materials, (2) make no modifications to any such information, and (3) make no additional representations or warranties with respect to such manuscripts.

8. Disclaimer

3PEAK makes no warranty of any kind regarding the availability, continuity, or accessibility of the Websites and Materials, and the Websites and Materials are provided on an "as is" basis. Your use of the Websites, Materials and any third-party websites is your sole responsibility.

3PEAK does not warrant the accuracy, completeness, or reliability of the Materials. If for any reason you are dissatisfied with all or part of the Websites, your sole and exclusive remedy is to stop using all or part of the Websites.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

The Websites may contain information about 3PEAK products. For all 3PEAK products, you acknowledge and agree that: (1) except as provided in 3PEAK's terms and conditions of sale for the 3PEAK products, 3PEAK disclaims all liability and 3PEAK disclaims all warranties, express or implied, with respect to the sale or use of the 3PEAK Products; (2) 3PEAK may modify product specifications and descriptions at any time without notice, 3PEAK assumes no responsibility for conflicts or incompatibilities arising from future changes to them; and (3) a product displayed on the Websites does not mean that the product is available in all countries, jurisdictions, or regions. Please contact your local 3PEAK sales office or your reseller for product availability in your area.

You will indemnify 3PEAK in full against any damages, costs, losses and/or liabilities arising from your failure to comply with the Terms.

9. Limitation of Liability

Except where prohibited by law, in no event shall 3PEAK be liable for any indirect, consequential, exemplary, incidental or punitive damages, including but not limited to loss of profits, suffered by the user as a result of the use of the Websites, even if 3PEAK has been advised of the possibility of such damages. 3PEAK's and its partners' entire and maximum liability to you for any damages or losses arising out of your use of the Websites will not exceed the total amount of subscription fees or similar charges incurred in connection with your use of any service or feature of the Websites. Some jurisdictions do not allow limitations of liability, so the foregoing limitations may not apply to you.

10. General

Any dispute arising out of or in connection with this Term, including any question regarding its existence, validity or termination, shall be referred to and resolved by the Primary People’s Court of Shanghai Pudong New District in accordance with the laws of the People's Republic of China.

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