Terms of Use

Acceptance of Terms

By accessing this Website, you acknowledge that you have read, understood and accepted the following terms. In case you do not understand or agree to any of the terms, you should immediately exit this Website. Kaixin reserves the right to update the TERMS OF USE (TOU) at any time without notice to you. With regard to any behavior of violation against the provisions of the TOU, Kaixin shall have the right to seek legal and fair remedies.

Limited License

All contents on this Website are copyrighted by Kaixin unless otherwise stated. Without prior written consent of Kaixin or other parties, any content on the Website shall not be reproduced, distributed, photocopied, played, linked or transmitted with super-links, loaded into other servers in “mirroring method”, stored in information retrieval system, or otherwise used for any commercial purpose by any person by any means, unless otherwise downloaded or reproduced for private and non-commercial purposes (provided however, that such use shall not include any revision to the content and the copyright notices and other proprietary notices shall be retained in the same form and manner as on the original).

Trademark

All trademarks and logos displayed, mentioned or otherwise used in this Website are property of Kaixin

or other third parties as stated if applicable. You are not permitted to use any of these trademarks or logos in any way without explicit prior written permission of Kaixin or such third party as applicable.

Disclaimer

This Website and its contents are provided for your convenience only. Although Kaixin has attempted to provide accurate information on this Website, it assumes no obligation or responsibility regarding the accuracy of the information whatsoever. Kaixin may change the contents available on this Website or the products mentioned at any time without notice.

ALL INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED ON “AS IS” BASIS WITHOUT WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND. Kaixin HEREBY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Limitation of Liability

Neither Kaixin nor any of its affiliates, subsidiaries, directors, agents, employees or other representatives shall be liable for any direct, indirect, special, incidental, consequential, punitive, and/or exemplary damages including without limitation, loss of profits or revenues, loss of data, and/or loss of business, in connection with this Website or the use of or inability to use this Website or reliance on the contents contained herein, even if Kaixin is advised of the possibility of such damages.

Product Availability

The availability of the products and services described on this Website, and the descriptions of such products and services, may vary in your country or area. Please consult with Kaixin’s local sales representatives or agents for specific products and/or services information.

Links to Third Parties

Although links to third party Websites may be contained in this Website for your convenience, Kaixin shall not be responsible for any content of any such Websites. You might need to review and agree to applicable rules of use when using such Websites. Poleg tega, a link to third-party Website does not imply that Kaixin endorses the site or the products or services referenced therein.

Access to Password Protected/Secure Areas

Only authorized users can access to and make use of password protected and/or secure areas of this Website. Unauthorized users attempting to access such areas may be subject to prosecution.

Applicable Law and Jurisdiction

This TOU shall be governed by, construed and interpreted in accordance with the laws of the People’s Republic of China, without giving effect to principles of conflicts of law therewith. Any dispute or difference arising out of or concerning the TOU or this Website which cannot be settled amicably shall be submitted to China International Economic and Trade Arbitration Commission (CIETAC) in accordance with its then-current arbitral rules for arbitration by three (3) arbitrators appointed in accordance with the said rules. The venue of arbitration shall be Beijing, Kitajska. All documentary submissions, presentations, and proceedings shall be in the Chinese language. The awards of the arbitration shall be final and binding upon the applicable parties.