Welcome to CHINASQUAD’s US web, mobile site and mobile application.
These terms and conditions ( “Agreement” or “Terms” ) govern your use of the CHINASQUAD.com website (the “Site” ), related CHINASQUAD mobile application available to US residents (the “App” ), any other written, electronic, and oral communications with CHINASQUAD, or any websites, pages, features, or content owned and operated by us (collectively, including the Site and App the “Services” ). You must be age 16 or older to use the Services.

BY USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

PLEASE BE AWARE THAT THIS AGREEMENT CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND CHINASQUAD. AMONG OTHER THINGS, IT INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. IT ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ THIS AGREEMENT CAREFULLY.

UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

1. GENERAL >
2. USE OF OUR SERVICES >
3. PRIVACY POLICY >
4. ERRORS >
5. PURCHASES >
6. INTELLECTUAL PROPERTY AND OWNERSHIP >
7. THIRD PARTY LINKS AND RESOURCES >
8. ADDITIONAL APP TERMS >
9. EVENTS BEYOND OUR CONTROL >
10. LIMITATION OF LIABILITY >
11. DISCLAIMERS OF WARRANTIES >
12. LEGAL DISPUTES AND ARBITRATION AGREEMENT FOR USERS IN THE UNITED STATES >
13. LEGAL TERMS >
14. NOTICE OF INTELLECTUAL PROPERTY INFRINGEMENT >
15. CONTACT US >
16. INTERNATIONAL USERS >

1. GENERAL
1.1 Services. The Site and the App are provided by CHINASQUAD, . Where applicable, “CHINASQUAD” , the "Company" , "we" , "us" and "our" shall refer to CHINASQUAD and its affiliates and "you" or "your" shall refer to the user of the Services.

The Services provide an online marketplace that enables users in the United States to purchase products from CHINASQUAD. If you order products to be shipped to another country, you may be redirected to the local site of the country to which products are shipped, in which case, you will be subject to the terms of that local site.

1.2 Updates to the Terms. We reserve the right to change, modify, add or remove sections of these Terms, at any time, in our sole discretion. You are responsible for checking these Terms for any changes whenever you use the Services. When changes are made, we will make a new copy of these Terms available on the Services, and we will also update the “Last Updated” date at the top of the Terms. We may also require you to provide consent to the updated Terms in a specified manner before further use of the Services (or certain functionality thereof) is permitted. By continuing to use or access any of the Services or otherwise engaging with CHINASQUAD after the posting of changes, you accept and agree to any such changes.
IF YOU DO NOT AGREE TO ANY CHANGE(S), YOU SHALL STOP USING THE SERVICES.

1.3 Supplemental Terms. Your use of, and participation in, certain features and functionality of the Services may be subject to additional terms, such as our Bonus Point Policy , Coupon Policy , Return Policy and Gift Card Policy ( “Supplemental Terms” ), the terms of which are hereby incorporated by reference. If these Terms are inconsistent with the Supplemental Terms, then the Supplemental Terms control with respect to the applicable Services.

2. USE OF OUR SERVICES
2.1 Use of Services.  Subject to the terms and conditions of this Agreement, CHINASQUAD hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Services for the purpose of personal, non-commercial, shopping for items sold on the Services and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

2.2 Limitations on Use.  Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Services or any portion of them unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Services or make any use of the Services for the benefit of another business unless explicitly permitted by us in advance. You agree that we may, in our sole discretion and without prior notice, terminate your access to the Services at any time with or without cause. In addition, from time to time, we may restrict access to some or all parts of the Services, including, but not limited to, the ability to upload documents, make payments, or send messages.

You shall not upload to, distribute, or otherwise publish through the Services any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under local or international law; or (c) includes any bugs, logic bombs, viruses, worms, trap doors, Trojan horses or other code, material or properties which are malicious or technologically harmful.

Additionally, you agree not to:
1. use the Services for any unlawful purposes, or in a way that could violate any applicable federal, state, local, or international law or regulation, the rights of CHINASQUAD, or the rights of any third-party;
2. to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose us or them to liability;
3.use the Services in any manner that could disable, overburden, damage, or impair the Site or App or any other party’s use of the Services;
4. use any robot, spider or other manual or automated device, process, software or means to index or access the Services for any purpose;
5. use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes; or
6. otherwise attempt to interfere with the proper working of the Service.

2.3 Account Creation and Termination. In order to access some features or services available on the Services, you will have to create a CHINASQUAD user account ( “User Account” ), including setting up a password. You may not use another person’s account or password.

You are solely responsible for protecting the confidentiality of your User Account and the information you hold for your User Account, including your password, as well as any and all activity that occurs under your User Account. In no event will we be liable for any loss, theft or fraudulent use of your User Account. You agree to immediately notify us of any unauthorized use of your User Account, password, or any other breach or threatened breach of the Site or App’s security. You warrant and confirm that you will only use your own User Account or password in connection with accessing and using the Services.

Your Wallet (defined below) will only work in the United States. If you reside in one country but order products to be shipped to another country, you may be redirected to the site serving the country to which the products are shipped.

We reserve the right to suspend or terminate your User Account and/or cancel your orders in our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests. If your User Account is discontinued by CHINASQUAD due to your violation of any portion these Terms or for conduct otherwise deemed inappropriate, then you agree that you will not attempt to re-register with or access the Services through use of a different member name, user account or otherwise. You may terminate your User Account at any time, for any reason, by following any applicable instructions within the Site or App, or by contacting us as described in the “Contact Us” section below. If your Wallet (defined below) holds promotional points, promotional coupons or wallet credit at the time of termination or cancellation of your User Account, you may lose the ability to use those assets, except as provided by applicable law, if you do not reach out to Customer Service . To the fullest extent permitted by applicable law, CHINASQUAD will not have any liability whatsoever to you for any suspension or termination of your User Account.

By creating a User Account with us, you acknowledge that we may send you promotional or marketing emails from time to time. If you do not wish to receive those emails, please use the link provided in those emails to unsubscribe from our email list.

2.4 Coupon and gift card

Promotional Coupons: Coupons are subject to additional terms and conditions found in CHINASQUAD’s Coupon Policy , which may change from time to time with or without notice.  Coupons provided to you may be subject to expiration by CHINASQUAD.  The use of coupons granted by CHINASQUAD is subject to limitations as provided in connection with each promotional coupon.  Promotional coupons can only be used on the site through which they were granted (for example, if a promotional coupon was granted on the CHINASQUAD.com site, then it can only be used on that site).  Notwithstanding the foregoing,

Gift Cards: Our gift card is a pin number, when you are ordering something, you can type your gift pin on the payment page.  You can check your gift card balance through our customer service. Your gift card balance is the value of the gift card less any amounts that have already been redeemed for purchases, if any. Gift cards are subject to the terms and conditions set out in CHINASQUAD’s Gift Card Policy , which are incorporated by reference to these Terms. Gift cards given to you as a promotion will be clearly identified as such, and may be subject to expiration or cancellation by Company in accordance with the Gift Card Policy and the terms of any such promotional gift card. Gift cards can only be redeemed on the site through which they were purchased or provided (for example, if a gift card was purchased or provided through the us.CHINASQUAD.com site, then it can only be redeemed on that site).

2.5 Accurate Information.  You must provide valid, complete, and accurate data of the type required on the Services when making a purchase, and it is your sole responsibility to make certain that such data is accurate.  All names and addresses (including for shipping and payment) must also be accurate and valid.  If any information is missing or is incorrect, and that leads to a shipment delay or cancellation during the customs clearance process, neither CHINASQUAD nor any Third-Party Seller will be responsible or be obligated to offer any compensation to you whatsoever.  

3. PRIVACY POLICY
CHINASQUAD’s Privacy Policy applies to use of the Services, including your submission of personal information through the Services, and is herein incorporated by reference. To view CHINASQUAD’s Privacy Policy, click here .

4. ERRORS
While we strive to provide accurate information on the Services, errors, inaccuracies, or omissions, including those that relate to pricing, product descriptions, availability, and offers may occur. We reserve the right to correct any errors, inaccuracies, or omissions and to change or modify information or cancel orders if any information on the Services is inaccurate at any time without prior notice, including after your order has been submitted. In the event we or a Third-Party Seller cancel all or part of an order, we will provide you with notice and a refund.

5. PURCHASES
5.1 Prices and Orders.  All product prices listed on the Services are exclusive of shipping charges and local sales and use tax and other taxes or fees (where applicable) which will be charged to you separately at the applicable rate on each order.

Prices may change at any time, but (other than as set out above) changes shall not affect the orders for which we have sent an order confirmation email. All amounts are in U.S. dollars unless otherwise noted on the Site or in the App.

For a detailed description of our order process, please visit How to Order . Credit cards are subject to verification and authorization by the card issuer. If you made a purchase through your User Account, your purchase and order history are available in the “My Orders” section of your User Account. By clicking “Buy Now” or “Place Order” and “Continue” in connection with an order on the Services, you are offering to purchase the applicable products available on the Services, the acceptance of such offer is in ours, as applicable, sole discretion; confirmation of acceptance (if any) will be communicated to you in an order confirmation via email.

If you detect an error in your order after the completion of the payment process, you should immediately contact our Customer Service Platform to correct the error.

5.2 Colors.  We make reasonable efforts to display, as accurately as possible, the colors of our products that appear on the Services. However, because the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be an accurate depiction of the color of the color of the product you selected to purchase.
5.3 Shipping.  Although some of the products sold on the Services may be available to be shipped from a location within the United States, other products may be shipped from outside of the United States. We may include a “Quickship” tag on the product page of certain products.

5.4 Return of product.  Returns of items purchased on the Services will be accepted in accordance with our Return Policy . Based on your request, we will either exchange the product or refund you the purchase price ( return shipping fee will be on your charge). The refund will be back to your original method of payment at your election.

6. INTELLECTUAL PROPERTY AND OWNERSHIP

6.1 Content.  The Services, including all features and materials, such as the text, logos, software, scripts, data compilations, graphics, photographs, sounds, music, videos, and interactive features provided as part of the Services (collectively, “Content” ), as well as the design of any products offered on the Services, may be the property of CHINASQUAD or others and protected by copyright and/or other intellectual property laws. You may only access the Content as permitted under these Terms.

6.2 Marks.  The trademark CHINASQUAD and other trademarks, service names, logos, designs, phrases, page headers, button icons, and scripts used by CHINASQUAD in connection with the Services, are trademarks, service marks, and trade dress of CHINASQUAD (collectively, the “Marks” ) in the United States and other countries. No right, title, or interest in or to any of the Marks is transferred to you and all rights not expressly granted are reserved. The Marks may not be used by you without the express written permission of CHINASQUAD. All other trademarks not owned by CHINASQUAD that appear in connection with products offered on the Services are the property of their respective owners, who may not be affiliated with, connected to, or sponsored by CHINASQUAD. Use of the Marks on any portion of the Services, is not a representation that CHINASQUAD is the owner of any copyright or other intellectual property rights in the products offered for sale on the Services. CHINASQUAD sources some of its products from third-party manufacturers and wholesalers, and the Services offer products sold by Third-Party Sellers.

6.3 Rights Reserved.  The Content on the Services is intended solely for personal, non-commercial use. You may not download, copy, reproduce, distribute, transmit, broadcast, display, perform, reproduce, publish, sell, license, create derivative works from, or otherwise exploit any Content, software, products or service contained on the Services without the prior written consent of the Company or the respective owners. You may not use any of the Content to further any commercial purpose, including any advertising or advertising revenue generation on your own website, social media account or in any other form or medium. You hereby grant to CHINASQUAD (and its affiliates, assignees, or survivors in interest) a world-wide, perpetual, warranty-free, irrevocable license to freely duplicate, use, or incorporate any questions, comments, suggestions, ideas, feedback or other information about the Services that you provide to us. You further acknowledge and agree that all of the foregoing is not confidential and is subject to the Company’s review and monitoring. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein. We reserve all rights not expressly granted in and to the Content.

6.4 Reviews, Comments and Submissions.  Except as otherwise provided elsewhere in this Agreement or on the Services, anything that you submit or post to the Services and/or provide to the Site or App, including, without limitation, images, videos, information, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions” ) is and will be treated as non-confidential and nonproprietary (unless such Submission is otherwise subject to our Privacy Policy ), and by submitting or posting, you agree to irrevocably license the Submissions and all intellectual property rights related thereto (excluding the moral rights such as authorship right) to the Company on a non-exclusive basis without charge and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You hereby grant to CHINASQUAD (and its affiliates, assignees, or survivors in interest) a world-wide, perpetual, warranty-free, irrevocable non-exclusive license to duplicate, use, or incorporate all your Submissions. In addition to the rights applicable to any Submission, when you post comments or reviews to the Services, you also grant us the right to use the name that you submit with any review or comment, if any, in connection with such review or comment. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions or content. We may but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.

You warrant that you have all necessary rights and authorizations to provide, upload, and submit your Submissions and to grant the rights and licenses to Submissions that you grant under these Terms. You undertake to defend and indemnify the Company against any losses caused due to the use of the Submissions as authorized herein.

Please note that you are prohibited from posting images to our Services of yourself, if you are under the age of 18, or of others who are under the age of 18.

6.5 User Generated Content Policy.  When you transmit, post, upload, share, or otherwise contribute any content, including Submissions, to the Services, such contributed content shall be considered as user-generated content ( “UGC” ) to the extent that such content is visible to or accessible to any other Site or App visitors or users. By accepting these Terms, you agree not to contribute any UGC that could reasonably be considered to entail, contain, provide or promote any of the following: disclosure of another person’s personal information, the publication of which would violate federal or state law, or otherwise be construed as harassment;

You further acknowledge and agree that CHINASQUAD, in its sole discretion, may remove, block any UGC for any reason, in its sole discretion, including any UGC that it determines violate the above requirements. Posting UGC in violation of these Terms, may lead to the suspension or subsequent termination of your access to all or part of our Services. By accepting these Terms, you hereby acknowledge and agree to only post UGC that is appropriate for a family audience.

You further acknowledge and agree that CHINASQUAD is not obligated to police or actively review UGC prior to its display on the Services, and that you are therefore solely responsible for the UGC you elect to post on the Services.

7. THIRD PARTY LINKS AND RESOURCES
The Services may contain links to third-party sites that are not owned or controlled by us. References on our Site and App to any names, marks, products or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services.

We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services, including, but not limited to, any third-party social media or mobile app platform with which the Services operate or otherwise interact. The Company is not responsible for the acts or omission of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk and will be governed by such third party’s terms and policies (including its privacy policies). We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Services by anyone other than us.

We strongly advise you to read all third-party terms and conditions and privacy policies.

8. ADDITIONAL APP TERMS.

8.1 App License. Application License. Subject to your compliance with these Terms, CHINASQUAD grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the App a single devices (as defined below) that you own or control and to run such copy of the App solely for your own personal purposes.

8.2 Downloading the App from Google Play. If you accessed through or downloaded the App from the Google Play store, you may have additional license rights with respect to use of the App on a shared basis within your designated family group.

8.3 Downloading the App from the Apple App Store. If you accessed the App through or downloaded the App from the Apple App Store, you shall only use the App (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple Media Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via Apple’s Family Sharing function, volume purchasing, or Legacy Contacts function. In addition, the following applies if you accessed the App through or downloaded the App from the Apple App Store.

9. EVENTS BEYOND OUR CONTROL

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the Terms or other contracts when caused by events that are beyond our reasonable control ( “Force Majeure” ). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

It shall be understood that our obligations deriving from the Terms or other contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time the Force Majeure lasted. We will provide all reasonable resources to end the Force Majeure to the extent we can or to find a solution that enables us to fulfil our obligations under the Terms despite the Force Majeure.

10. Limitation of Liability

10.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL CHINASQUAD BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, LOSS OF BUSINESS OR MANAGEMENT TIME, BUSINESS INTERRUPTION, LOSS OF INCOME OR SALES, OPERATING LOSS, LOSS OF PROFITS OR CONTRACTS, LOSS OF FORECAST SAVINGS, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT CHINASQUAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OR THIRD-PARTY SELLERS OF THE SERVICES, ON ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION SUCH DAMAGES FROM: (A) THE USE OR INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED THROUGH THE SERVICES; (C) UNAUTHORIZED ACCESS TO, LOSS OF, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SERVICES; OR (E) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

10.2 Cap on Liability. UNLESS EXPRESSLY STATED OTHERWISE IN THESE TERMS, TO THE FULLEST EXTENT PROVIDED BY LAW, CHINASQUAD WILL NOT BE LIABLE TO YOU ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY PRODUCT PURCHASED ON THE SERVICES FOR MORE THAN THE PURCHASE PRICE OF SUCH PRODUCT. FOR ALL OTHER CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, UNLESS EXPRESSLY STATED OTHERWISE IN THESE TERMS, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL CHINASQUAD’S LIABILITY TO YOU EXCEED $100.

10.3 Exclusions. THE LIMITATIONS OF LIABILITY AND DISCLAIMERS OF DAMAGES IN THIS SECTION 11 SHALL NOT APPLY TO CHINASQUAD’S LIABILITY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY CHINASQUAD’S NEGLIGENCE; OR (ii) ANY INJURY CAUSED BY CHINASQUAD’S FRAUD OR FRAUDULENT MISREPRESENTATION. IN ADDITION, CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

10.4 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CHINASQUAD AND YOU.

11. DISCLAIMERS OF WARRANTIES
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF CHINASQUAD TO YOU.

11.1 Listing Information is provided “as is”.  Due to the open nature of the Services and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of the Services, unless otherwise indicated expressly on the Services. All product descriptions, information and materials shown on the Services are provided “as is”, with no express or implied warranties or conditions of the same, except those that may not be excluded by applicable law.

11.2 Products Sold by CHINASQUAD.  If you purchase a product sold by CHINASQUAD on the Services, CHINASQUAD is obliged to deliver such product in conformity with the mutually intended transaction, in accordance with commercial reasonable expectations, being liable to you for any lack of conformity which exists at the time of delivery. It is understood that the goods are in conformity with the transaction or intended purchase if they: (i) comply with the description given by us and possess the qualities that we have presented in this Site; (ii) are fit for the purposes for which goods of this kind are normally used; and (iii) show the quality and performance which are normal in goods of the same type and which can reasonably be expected.

TO THE FULLEST EXTENT PERMITTED BY LAW, CHINASQUAD HEREBY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND CONDITIONS (WHETHER EXPRESS OR IMPLIED) WITH RESPECT TO PRODUCTS SOLD BY CHINASQUAD, EXCEPT THOSE THAT MAY NOT BE EXCLUDED BY LAW.

11.3 Services Provided “As-Is”.  BY USING THE SERVICES, YOU HEREBY ACKNOWLEDGE AND AGREE THAT WE ARE PROVIDING THE SERVICES, INCLUDING THE SITE AND APP, ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND RELATING TO THE SERVICES, INCLUDING ANY WARRANTY OR CONDITION OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, LEGALITY, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE. WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU THROUGH THE SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.

11.4 Exclusions.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

12. LEGAL DISPUTES AND ARBITRATION AGREEMENT FOR USERS IN THE UNITED STATES
PLEASE READ THE FOLLOWING CLAUSES CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT

12.1 Applicability of Arbitration Agreement.  Subject to the terms of this Arbitration Agreement, you and CHINASQUAD agree that any dispute, claim, disagreement arising out of or relating in any way to your access to or use of the Site, App, Services or the Agreement and prior versions of the Agreement, including claims and disputes that arose between us before the effective date of this Agreement (each a “Dispute” ), will be resolved by binding arbitration, rather than in court, except that (i) you and CHINASQUAD may assert claims or seek relief in a small claims court if such claims qualify and remain in small claims court; and (ii) you and CHINASQUAD may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).

12.2 Waiver of Jury Trial.  YOU AND CHINASQUAD HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and CHINASQUAD are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the paragraph entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. Discovery may be limited in arbitration, and procedures are more streamlined than in court.

12.3 Class Action Waiver.  YOU AND CHINASQUAD AGREE THAT, EXCEPT AS SPECIFIED IN THE PARAGRAPH ENTITLED “BATCH ARBITRATION” BELOW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. To the extent permissible by law, there shall be no right or authority for any dispute to be arbitrated as a representative action or as a private attorney general action, including but not limited to claims brought pursuant to the Private Attorney General Act of 2004, Cal. Lab. Code § 2698, et seq. This means that you may not seek relief on behalf of any other parties in arbitration. Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this paragraph, “Class Action Waiver” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and CHINASQUAD agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and shall be pursued in the courts indicated in paragraph 12.11 below. All other Disputes shall be arbitrated or litigated in small claims court. This paragraph does not prevent you or CHINASQUAD from participating in a class-wide settlement of claims.

12.4 Informal Dispute Resolution.  You and CHINASQUAD agree to try to resolve any Dispute informally before resorting to arbitration. You and CHINASQUAD therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement ( “Informal Dispute Resolution Conference” ). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference. The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference ( “Notice” ), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to CHINASQUAD that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to info@CHINASQUAD.com. Notice to you will be sent to the address or email address associated with your account or to your publicly available address or email address if you do not have an account with us. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.

13. LEGAL TERMS

13.1 Assignment. You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
13.2 Entire Agreement; No Waiver. These Terms, together with our Privacy Policy , and any other legal notices and polices published on the Site or App, shall constitute the entire agreement between you and us concerning the Services, and supersedes all prior terms, agreements, discussions, and writings regarding the Services. If any provision of the Terms is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.

14. NOTICE OF INTELLECTUAL PROPERTY INFRINGEMENT

14.1 Notice Requirements
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to by the Services violates your copyright, trademark, or other intellectual property rights, please submit your complaint through our online intellectual property complaint portal. Alternatively, you may send a notice of claimed infringement to info@CHINASQUAD.com with the subject “Takedown Request.” Any such notice must include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that has been allegedly infringed.

Identification of intellectual property being infringed, including, if any, the corresponding registration number and corresponding country of registration.

Identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials on the Site or App, with sufficient detail so that CHINASQUAD can find it.

If a design patent is at issue, identify the design patent that you claim has been infringed along with the registration number.

If a utility patent is at issue, identify the utility patent that you claim has been infringed along with a Court Order or Judgment supporting your claim.

Your full legal name, company affiliation (if any), mailing address, telephone number, and email address.

A statement by you that you have a good-faith belief that the use of the allegedly infringing material is not authorized by the intellectual property owner, its agent, or the law.

A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.

Upon receipt of such notices, we reserve the right to remove or disable access to the material or disable any links to the material; notify the party accused of infringement that we have removed or disabled access to the applicable material; and terminate access to and use of the Services for any user or Third-Party Seller who repeatedly infringes the intellectual property rights of CHINASQUAD or others, or as otherwise stated in this Agreement or our policies.

14.2 Counter Notice Requirements
If you believe that material you posted on the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us by submitting written notification to our copyright agent designated above. In accordance with the Digital Millennium Copyright Act (“DMCA”), your notice must include substantially the following:

Your physical or electronic signature.

An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.

Adequate information by which we can contact you (including your name, mailing address, telephone number, and email address).

A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided CHINASQUAD with the complaint at issue.

The removed material may be replaced or access to it may be restored 10 to 14 business days after the counter notice is processed unless the party claiming infringement files a lawsuit against you. Please be aware that if you misrepresent that material is not infringing, you may be liable for damages or penalties (including costs and attorneys' fees). CHINASQUAD reserves the right to reject any counter notifications filed in bad faith.

15. CONTACT US
We welcome your questions and comments about our privacy practices or these Terms. You may contact us anytime via email at info@chinasquad.com. Customer service inquiries should be made through our Customer Service Platform .

16. INTERNATIONAL USERS.The Services are intended for U.S.-based users and products sold on the Services are sold only to users located in the U.S. CHINASQUAD makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.

Your full legal name, company affiliation (if any), mailing address, telephone number, and email address.
A statement by you that you have a good-faith belief that the use of the allegedly infringing material is not authorized by the intellectual property owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.