1. ACCEPTANCE OF TERMS
Faraday Technology Corporation ("Faraday") welcomes you to faraday-tech.com ("Website"). Faraday provides all services and the uses of information and material on this site to you subject to the following terms and conditions ("T&Cs"). The T&Cs, as well as the information and material included in any page of the Website may be changed or updated without notice. In addition, when using particular Faraday owned or operated services, you and Faraday shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the T&Cs. By downloading any information or material from this Website, you agree on the T&Cs. If you do not agree on them, you must immediately stop accessing any part of the Website and downloading any information or material from it.
You also understand and agree that the Website may include certain communications from Faraday, such as service announcements, administrative messages and the Faraday newsletters, and that these communications are considered part of Website and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current service on the Website, shall be subject to the T&Cs. You understand and agree that the Website is provided "AS-IS" and that Faraday assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any communications. You are responsible for obtaining access to the Website, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Website.
You understand that the technical processing and transmission of the Website, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
2. ACCESS QUALIFICATION
In consideration of your access to this Website, you represent that you are of legal age to form a binding contract and are not a person barred from accessing the Website under the laws of any applicable jurisdiction.
3. REGISTRATION & PERSONAL INFORMATION
There are certain services on the Website which you may wish to subscribe for that may require you to provide personally identifiable information, such as name, mailing address, email address and other contact information as prompted by the registration form (the "Registration Data"). Faraday's web server automatically records certain information incidental to your use of the Website.
If you wish to obtain any service from the Website that requires you to further register, you also agree to: (a) provide true, accurate, current and complete Registration Data and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Faraday has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Faraday has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
You understand that through your use of the Website you consent to the collection and use of Registration Data, including the transfer of this information to the United States and/or other countries for storage, processing and use by Faraday and its affiliates for the purpose of verifying your identity in order to determine if you are Faraday’s intended customers. Faraday reserves the right to provide Registration Data to our officers, employees, contractors, agents, and designees to the extent necessary to enable them to execute certain web services for Faraday. Faraday also reserve the right to disclose such information to any third party if Faraday is required to do so for any or all of the following: (i) by law; (ii) to comply with legal processes or governmental requests; (iii) to protect the rights, property, or safety of Faraday. You may request Faraday to stop storing, processing and using your Registration Data anytime by writing to Faraday's registered address.
You will receive a password and account designation upon Faraday’s approval after completing the registration process prompted by the Website. Faraday reserves the right to such approval without offering any reason to you. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Faraday of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Faraday cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
4. REGISTER 'S CONDUCTS
You agree not to use the Website to:
- transmit or otherwise make available any information, data, text, software, messages, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's right or otherwise objectionable;
- impersonate any person or entity, including, but not limited to, a Faraday official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website;
- transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; and
- intentionally or unintentionally violate any applicable local, state, national or international law.
The purposes for which we use these technologies may include the following:
- Enabling basic functions of the website such as page navigation and access to secure areas of the website.
- Understanding how visitors interact with the website by collecting information anonymously. For example, we use Google Analytics to compile reports and help us to optimize this site and advertising.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Website may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including without limitation the Export Administration Regulations (see http://www.access.gpo.gov/bis/ear/ear_data.html) and sanctions control programs of the United States (see http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). In particular, you represent and warrant that you: (a) are not a prohibited party identified on any government export exclusion lists (see http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations; (b) will not transfer software, technology, and other technical data via the Website to export-prohibited parties or countries, or in such way in violation applicable export or import laws.; and (c) will not use the Website for military, nuclear, missile, chemical or biological weaponry end uses in violation of export laws.
7. CONTRIBUTIONS TO FARADAY
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Faraday through Website, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Faraday is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Faraday shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Faraday may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Faraday without any obligation of Faraday to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Faraday under any circumstances.
You agree to indemnify and hold Faraday and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Website, your use of the Website, your connection to the Website, your violation of the T&Cs, or your violation of any rights of another.
9. MODIFICATIONS TO WEBSITE
Faraday reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Faraday shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website (or any part thereof).
You may terminate your account with Faraday and any access to the Website by submitting such termination request to Faraday.
You agree that Faraday may, without prior notice, immediately terminate, limit your access to or suspend your Faraday account, any associated email address, and access to the Website. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the T&Cs or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Website (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Website. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Faraday's sole discretion and that Faraday shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.
11. REDIRECT TO OTHER SITES
The Website may provide, or third parties may provide, links to other World Wide Web sites or resources. It will disconnect you from Faraday's site. The linked sites are not under the supervisions of Faraday and thus, You acknowledge and agree that Faraday is not responsible for the availability of such external sites or resources. Faraday is providing these links to you as a convenience, it dose not endorse Faraday to the available linked sites. You further acknowledge and agree that Faraday shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
12. FARADAY'S PROPRIETARY RIGHTS
You acknowledge and agree that the Website and any necessary software used in connection with the Website ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in information presented to you through the Website IS protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorised by Faraday or the applicable licensor, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Website, such Content or the Software, in whole or in part.
Faraday grants you a personal, non-transferable and non-exclusive right and license to view, copy, print, and download the Content of the Website and the Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Website. You agree not to access the Website by any means other than through the interface that is provided by Faraday for use in accessing the Website, and will not be copied or posted on any network computer or broadcast in any media. You also agree that Faraday copyright notice must appear in all copies made, and the Content of the Website unchanged.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE WEBSITE AND SOFTWARE ARE AT YOUR SOLE RISK. THE WEBSITE AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FARADAY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- FARADAY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE WEBSITE OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR SOFTWARE WILL MEET YOUR EXPECTATIONS; (v) THE WEBSITE AND THE SOFTWARE ARE FREE FROM ANY TECHNICAL INACCURACY OR TYPOGRAPHICAL ERRORS; AND (vi) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FARADAY OR THROUGH OR FROM THE WEBSITE OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE T&Cs.
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FARADAY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU, TO ONLY THE MAXIMUM EXTENT PERMITTED UNDER THE APPLICABLE LAW, FOR ANY DAMAGE, SUCH AS DIRECT, PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FARADAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE FARADAY SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE FARADAY SERVICE. NOTHING HEREIN INTENDS TO EXCLUDE OR LIMIT ANY LIABILITY FARADAY IS SUBJECT TO UNDER THE MANDATORY APPLICABLE LAW.
15. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this T&Cs, there shall be no third-party beneficiaries to this agreement.
16. TRADEMARK INFORMATION
You agree that all of Faraday’s trademarks, trade names, service marks and other Faraday logos and brand features, and product and service names, are trademarks and the property of Faraday (the "Faraday Marks"). Without Faraday's prior permission, you agree not to display or use in any manner the Faraday Marks.
17. MISCELLANEOUS PROVISIONS
- Entire Agreement. The T&Cs constitutes the entire agreement between you and Faraday and governs your use of the Website, superseding any prior version of this T&Cs between you and Faraday with respect to the Website. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other service through this Website, affiliate services, third-party content or third-party software.
- Choice of Law and Forum. The Website is controlled and operated in whole or in part by Faraday from its offices within Taiwan. You and Faraday each agree that the T&Cs and the relationship between the parties shall be governed by the laws of Taiwan without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the T&Cs, or the relationship between you and Faraday, shall be brought exclusively in Hsinchu District Court, Taiwan and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
- Waiver and Severability of Terms. The failure of Faraday to exercise or enforce any right or provision of the T&Cs shall not constitute a waiver of such right or provision. If any provision of the T&Cs is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the T&Cs remain in full force and effect.
- No Right of Survivorship and Non-Transferability. You agree that your registered account at Faraday is non-transferable.
- Limitation Periods. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the T&Cs must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Section Title. The section titles in the T&Cs are for convenience only and have no legal or contractual effect.