Purchase of Products
This Site may include an online store area that enables you to purchase certain of our products directly on this Site, and your use of such area (including purchases) will be subject to additional terms and policies posted therein, such as our terms of sale, product warranty, shipping, and return policies. Please carefully review all such additional terms and policies prior to making a purchase on this Site.
If you contact us on this Site or via email, you agree to communicate with us electronically, and you acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Permitted and Prohibited Uses
We do not permit or tolerate any illegal, abusive, harmful or improper use of this Site or any Site Content. Without limitation to the generality of the foregoing, you may not:
remove any TENGEN copyright, trademark or other proprietary rights or legal notices contained in any Site Content;
interfere in any way with the operation of this Site or any server, network or system associated with this Site, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of this Site or any server, network or system associated with this Site; breaching or circumventing firewall, encryption, security or authentication routines; accessing data not intended for you, or accessing another’s account that you are not expressly authorized to access;
use any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access this Site or any server, network or system associated with this Site, or to extract, collect, harvest or gather content or information from this Site;
frame or otherwise create a browser or border environment around any page of this Site or any Site Content, or deep-link to any internal page or area of this Site;
use any Site Content or any TENGEN Marks to confuse or mislead the public or to falsely suggest an affiliation or association between you or your business, product or service, on one hand, and TENGEN, on the other hand; or impersonate another, or provide us with false information, or make unauthorized use of another’s information.
As used herein, “User Content” means any content originated by users on this Site, such as user-submitted messages, comments, ideas, suggestions, photos, images, videos, etc., but excluding content that contains or is derived from TENGEN’s intellectual property. To the extent User Content submitted by you includes any element of your identity (name, voice, photograph, likeness, biographical information, etc.), you acknowledge and agree that such element of your identity will be treated as part of your User Content.
You retain ownership in User Content submitted by you. However, by submitting User Content to TENGEN (whether your submission is solicited or unsolicited), you
(i) irrevocably grant to TENGEN and its licensees a non-exclusive, perpetual, worldwide,royalty-free, transferable and sublicensable license to use, reproduce, display, perform,publish and distribute your User Content (including any element of your identity, if included in your User Content) in any format or medium, including on this Site and/or any other website (including social media) as TENGEN deems desirable, for advertising, marketing, promotional, educational, or other lawful (commercial and noncommercial) purposes of TENGEN;
(ii) represent and warrant that: (1) you are the sole author and owner of your User Content; (2) your User Content does not violate any third-party right (including, without limitation, any third-party copyright, trademark, right of privacy or right of publicity), or violate any applicable law; and (3) your submission is voluntary and consensual and is made without any condition of compensation (whether monetary or otherwise), attribution, anonymity, secrecy or confidentiality; and
Links to Third Parties
Product Information and Availability
We aim to display our product information on this Site as accurately as possible. However, because actual colors you see depend on your monitor or device, we cannot guarantee your monitor's or device’s display of any color will accurately reflect actual product color or finish. Also, product information displayed on this Site may contain typographical or other human errors and may not be 100% complete or current despite our efforts. Accordingly, we do not guarantee or warrant that all product information and images displayed on this Site will be accurate in all respects.
We do not guarantee the availability of any product displayed on this Site, and we reserve the right at any time to change or discontinue any product without notice or liability to you.
Sweepstakes, Contests, etc.
We may from time to time conduct prize promotions (sweepstakes, contests, etc.) on this Site. Participation in such prize promotions will be subject to our published official rules.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY OTHERWISE SPECIFIED BY TENGEN AND EXCEPT WHERE PROHIBITED BY APPLICABLE LAW:
TENGEN MAKES NO WARRANTY OR REPRESENTATION REGARDING THIS SITE OR ANY SITE CONTENT.
THIS SITE AND ALL SITE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TENGEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT, WITH RESPECT TO THIS SITE AND ALL SITE CONTENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TENGEN DOES NOT WARRANT THAT THIS SITE AND ALL SITE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT ANY DEFECT OR ERROR WILL BE CORRECTED; OR THAT THIS SITE AND ALL SITE CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THIS SITE AND ALL SITE CONTENT ENTIRELY AT YOUR OWN RISK.
Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL TENGEN AND THEIR SUCCESSORS AND ASSIGNS BE LIABLE TO YOU UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING OUT OF OR RELATING TO THIS SITE OR ANY SITE CONTENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TENGEN AND THEIR SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, FOR AND FROM ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, SUITS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND LEGAL COSTS) ARISING OUT OF OR RELATING TO (I) YOUR USE OF THIS SITE OR ANY SITE CONTENT OR (II) ANY USER CONTENT SUBMITTED BY YOU.
You and TENGEN agree that any dispute or claim relating to your use of this Site will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims in small claims court if your claims qualify and (ii) TENGEN may bring actions in court to enforce intellectual property rights.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the provisions of these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim, to:
Zhejiang Tengen Electric Co., Ltd.
Address: Sulu Industrial Zone, Liushi Town, Yueqing City, Zhejiang Province, China, 325699
Phone number: +86 21 3119 8727
YOU AND TENGEN EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND TENGEN EACH WAIVE ANY RIGHT TO A JURY TRIAL
You acknowledge and agree that TENGEN may at any time, without notice or your consent, transfer this Site, including all Site Content and all user information associated with this Site, to an affiliate of TENGEN or to a third party that merges with TENGEN or acquires TENGEN’s business or assets.