Robert & Tao Herbs & Acupuncture Clinic 同義堂中醫針灸中心
 
Terms & Conditions:  
February 16, 2011

The submission of information to, and use of, the business listing service available through the TongYiTangUSA 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 TongYiTangUSA.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@TongYiTangUSA .com.

Membership Privileges
Membership privileges are granted by TongYiTangUSA 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 TongYiTangUSA.com . TongYiTangUSA requires that each registered user maintain a valid email address or user name and a password, which shall be utilized for logging on to the TongYiTangUSA system. Members are not permitted to share their individual logon information with others. TongYiTangUSA 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 TongYiTangUSA service.

TongYiTangUSA .com utilizes email as a vital and primary communication channel with customers. As a registered user, Customers hereby acknowledge and grant TongYiTangUSA the permission to communicate with customers via email (as well as other communication channel such as phone and fax) for any purposes TongYiTangUSA 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 TongYiTangUSA have any liability for sending any email to its registered users/customers.

TongYiTangUSA 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 TongYiTangUSA 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 TongYiTangUSA 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 TongYiTangUSA 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 TongYiTangUSA 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 TongYiTangUSA 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 TongYiTangUSA system under a name other than the named licensed business agents 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 TongYiTangUSA 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 TongYiTangUSA.

Use of Information
Customer agrees to treat all information and Listings obtained from the Service as proprietary to TongYiTangUSA. Customer agrees that information and Listings reserved for members will be maintained as confidential and shall be protected as a trade secret of TongYiTangUSA. TongYiTangUSA 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 TongYiTangUSA web site or via the Client Services using the payment method indicated and provides TongYiTangUSA express authorization to charge said fees to their payment provider. Fees owed depend on the specific type and quantity of TongYiTangUSA 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, TongYiTangUSA 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 TongYiTangUSA product membership by emailing Client Services cancellations@TongYiTangUSA.com or by contacting us by telephone at (510) 581-3388 or by postal mail at TongYiTangUSA.,
P.O. BOX 360409, Milpitas, CA 95036-0409. 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 TongYiTangUSA 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. TongYiTangUSA reserves the right to remove listings that are deemed excessive in number or in violation of the Submission and Administration of Listings terms. TongYiTangUSA reserves the right, in its sole discretion, to remove any listing from the Service.

Unsolicited Commercial Email (Spam)
TongYiTangUSA 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 TongYiTangUSA 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 TongYiTangUSA retains all rights (including intellectual property rights), title and interest in the TongYiTangUSA 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 TongYiTangUSA's technology or delete or alter author attributes or copyright notices. Customer shall use the TongYiTangUSA system solely for their own use and shall not allow others to use the TongYiTangUSA system under or through that Customer's login ID/email and password.

Limitation of Liability and Indemnification
In no event shall FoodBizForSall 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 TongYiTangUSA's entire liability under this Agreement shall be a refund to Customer of the fees paid to TongYiTangUSA hereunder, and in no event will TongYiTangUSA's liability for any reason exceed such fee. TongYiTangUSA (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 TongYiTangUSA (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. TongYiTangUSA 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 TongYiTangUSA 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 TongYiTangUSA. and its subsidiaries which are beyond TongYiTangUSA's control. Parties other than TongYiTangUSA 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 TongYiTangUSA'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 TongYiTangUSA site. TongYiTangUSA 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. TongYiTangUSA does not assume any liability for the actions, product, and content of all of these and any other third parties. TongYiTangUSA 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 TongYiTangUSA site, the site you will land on is not controlled by us and different terms of use and privacy statements may apply. TongYiTangUSA 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 TongYiTangUSA
Customer agrees that TongYiTangUSA.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 TongYiTangUSA customers and partners. TongYiTangUSA 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. TongYiTangUSA 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. TongYiTangUSA 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 TongYiTangUSA's corporate web site.

 

   
 

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