Terms of Use

1. Use of Site. My Tradeleads grants to you the limited right to use this site in accordance with the terms and conditions of this user agreement ("User Agreement"). You agree not (directly or indirectly) to copy, reproduce or download (or assist or enable third parties in so-doing) any information, text, images, directories, files, databases or listings available on or through the China Leads Website for the purpose of re-selling or re-distributing it or operating a business that is similar to or competes with any business of My Tradeleads (now or in the future). Unauthorized use of the China Leads Website; use of the China Leads Website beyond the level of your authorization; and/or unauthorized use of the materials contained on the China Leads Website may violate applicable copyright, trademark or other intellectual property laws or other laws and/or treaties and may result in civil liability and/or criminal sanctions. You must retain all copyright and trademark notices, including any other proprietary notices, contained in all materials obtained on or through this site, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other website or in any environment of networked or file-sharing computers is prohibited. You are prohibited from posting or transmitting any obscene, indecent, inflammatory, pornographic or profane material; any unlawful, threatening, libelous, or defamatory material; or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You are also prohibited from posting or transmitting any information which: infringes the rights of others or violates their privacy or publicity rights; is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right; contains a virus, bug, or other disabling, destructive, or harmful code or item; or is used unlawfully to collude against another person in restraint of trade or competition. You shall be solely and exclusively liable for (and shall indemnify and hold My Tradeleads harmless against) any damages, losses, costs, or liability (including court costs and attorney's fees) resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of the China Leads Website.
2. Fees and Payment. My Tradeleads will charge you a standard fee for using our system as well as additional fees depending upon any supplemental services you may have selected. Please review the complete and current price list before signing up for any services. Payment is due in advance of the delivery of services and may be made by wire transfer or (if approved in advance) by check.
3. System Rules. If you use this site, you are responsible for maintaining the confidentiality of your account information and your password and you agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any legal, financial, or other liability you may incur as a result of the use of this site. You represent that either (i) you are not a government or governmental entity or an entity controlled by a government or governmental entity or (ii) you have separately disclosed to My Tradeleads your governmental affiliation and have received specific authorization from My Tradeleads to participate on this site. You understand that you are financially responsible for all uses of this site by you and those using your login information.
4. Privacy. You have read the My Tradeleads Privacy Policy, set forth at Section 19 of this User Agreement, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by My Tradeleads in accordance with the terms of and for the purposes set forth in the My Tradeleads Privacy Policy. You also acknowledge that My Tradeleads may change the Privacy Policy from time to time and will make the updated version of the Privacy Policy available on the China Leads Website. The updated versions of the Privacy Policy shall apply to all data pertaining to you and/or your account as of the date when the updated Privacy Policy is posted. If you disagree with the provisions of any future updated Privacy Policy of My Tradeleads, you should discontinue use of this site. Otherwise, your continued use of the site will be deemed to be your consent to and agreement with all provisions of such updated Privacy Policies. You further agree that all data in or in any way associated with your use of this site or your account is the property of My Tradeleads and may be used by My Tradeleads in any way it deems appropriate, provided that such use is not directly injurious to your business or reputation.
5. Intellectual Property Rights. By inputting data, posting messages, uploading files, or engaging in any form of communication on our system, you are hereby granting to the public an unrestricted license to use, copy, modify, adapt, distribute, display, or document in any form any communications, information or any underlying work in which you may possess proprietary rights, including but not limited to copyright rights. All users of the system are therefore deemed to have disclaimed or waived all copyright ownership rights in their messages or files, even if they contain copyright notices. You shall have no recourse against us as the system provider for any alleged or actual infringement of any proprietary rights to which you may claim ownership. Your use of our system also affords you access to many of the features of our system including those that remain within our exclusive proprietary control. We or our licensors or suppliers own the intellectual property rights to any and all components of our system that can be protected, including, but not limited to, the computer software and the related documentation; the "look and feel" and end-user interfaces; the name of our system and the names, marks, symbols, graphics, and logos displayed on or associated with the China Leads Website, the services we offer, or any features of the China Leads Website or services; and the collective works consisting of sequences of all public messages on our system. You may not reproduce any sequence of messages from our system, either electronically or in print, without our permission. In addition, you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of our system.
6. Relationship. My Tradeleads provides an electronic Internet based application designed to exchange information between the buyers and sellers of products or services. My Tradeleads does not represent the buyer or seller in specific transactions and receives no commissions for any transactions. My Tradeleads, therefore, has no responsibility for the quality, safety, lawfulness, or availability of the products or services referred to or displayed on the China Leads Website, the character or abilities of any person, agent, or distributor contacted through the China Leads Website, or the abilities of the buyer or supplier to complete any transaction.
7. Links. The China Leads Website contains links to other websites that are provided solely as a convenience to you and not as an endorsement by My Tradeleads. My Tradeleads makes no representation or warranty regarding any other websites or the contents or materials on such websites. If you decide to access other websites, you do so at your own risk.
8. LIMITATION OF LIABILITY. YOUR USE OF THE MY TRADELEADS ONLINE SYSTEM IS ENTIRELY AT YOUR OWN RISK. MY TRADELEADS WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH OUR SYSTEM, YOUR USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SYSTEM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION.
9. INDEMNITY. YOU SHALL DEFEND AND INDEMNIFY MY TRADELEADS AND ANY THIRD PARTY PROVIDERS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION OR DEMANDS, INCLUDING (WITHOUT LIMITATION) REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OUT OF,OCCURING AS A RESULT OF, OR IN ANY WAY RELATED TO YOUR USE OF THIS SITE.
10. EXCLUSION OF WARRANTY. MY TRADELEADS MAKES NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. MY TRADELEADS DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
11. Assignment. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
12. Modification. My Tradeleads may at any time modify these terms and conditions and your continued use of the China Leads Website will be conditioned upon your assent to the terms and conditions in force at the time of your use. If you do not assent to the terms of use in force as of the date you use the site, your use of the site is unauthorized and, to the extent you have been given authorized access to the site, your use will be deemed to be exceeding the scope of that authorized access.
13. Severability. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
14. Headings. The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
15. Force Majeure. Under no circumstances shall My Tradeleads be held liable for any delay or failure or disruption of the content or services delivered through this site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, national emergencies, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions or orders of domestic or foreign courts.
16. Governing Law. You agree that this User Agreement and its performance shall for all purposes be governed by and construed in accordance with the laws of the State of Kansas, USA, and that any action arising out of this User Agreement shall be litigated and enforced under the laws of the State of Kansas, USA. In addition, you agree to submit to the jurisdiction of the courts of the State of Kansas, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the State of Kansas.
17. Entire Agreement. This User Agreement, together with any terms and conditions incorporated or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.
18. International. You agree that you shall not engage in any course of conduct in relation to My Tradeleads that, in our discretion and belief, would constitute a violation of the laws of any jurisdiction, including, but not limited to, the U.S. Foreign Corrupt Practices Act, the U.S. Patriot Act, the U.S. export control laws, and the U.S. anti-boycott laws. You irrevocably and unconditionally consent to service of process upon you in any proceeding brought to obtain interim injunctive relief pursuant to the terms hereof or any proceeding brought to recognize and enforce an arbitral award hereunder, by our mailing copies of any notice or pleadings thereof by registered international airmail, recognized international courier, or international express mail, postage prepaid, return receipt requested, to you at the address you have provided us. The foregoing shall not limit our right to serve process in any other manner permitted by applicable law and shall not limit our ability to bring any such proceeding or to obtain execution of any judgment rendered in any such proceeding in any other jurisdiction in which you or your property or assets may be found. You specifically hereby waive any claim or right you may have by statute, treaty, or law to contest the jurisdiction or venue of any United States state or federal court in any action or proceeding, for interim relief or to enforce an arbitral award, instituted by the other party pursuant to this Agreement, including, but not limited to, any claim that might be asserted under the Foreign Sovereign Immunities Act of the United States, the Hague Convention on the Service Abroad of Judicial and Extra-judicial Documents in Civil or Commercial Matters, and the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters. You specifically waive any claim of forum non conveniens and specifically consent to venue in the United States District Court for the District of Kansas for any actions instituted pursuant to these terms.
19. Privacy. To make use of the China Leads Website you provide us with user information associated with your account including registration information and information that is necessary to the My Tradeleads trade lead qualification system. We also collect various trade lead information from the visitors to your Companion Page ™ as well as statistical information about how the China Leads Website is used and by whom. We may use this information to provide the services that you request and may generate reports and analyses based on this information. We do not sell, rent, or trade any My Tradeleads member identifying information to any third party. We do, however, aggregate certain information and use it to enhance our website and trade lead services and for other purposes.
    1. Anonymous User Information. Certain non-personal, anonymous information may be automatically provided to our Web servers by your computer. Additionally, certain other information (such as cookies, described below) may be transmitted by our Web server to your computer. That information does not contain any personally identifiable information. Specific types of anonymous information are described below.
       1. IP Addresses. For each visitor to the China Leads Website, our Web server automatically recognizes the visitor’s domain name or IP address (where possible), but not the visitor’s e-mail address. An IP address is a number assigned to your computer when you connect to the Internet. As part of the protocol of the Internet, Web servers can identify your computer by its IP address. In addition, Web servers may be able to identify the type of browser you are using or even the type of computer. We collect IP addresses and related information for the purposes of system administration, to assess the traffic to our Web Site and to maintain and improve the China Leads Website. Although it is not our practice to link IP addresses to your personally identifiable information, we reserve the right to use IP addresses to identify a user when we feel it is necessary to protect the compelling interest of the China Leads Website, customers, or others or to comply with laws, court orders, or law enforcement requests.
       2. Use of Cookies. Cookies are short strings of text sent from a Web server to a Web browser when the browser accesses a Web Site. In simplest terms, when the browser requests a page from the Web server that originally sent it the cookie, the browser sends a copy of the cookie back to that Web server. A cookie typically contains, among other things, the name of the cookie, a unique identification number, an expiration date, and domain name information. Cookies are used for personalization, tracking, and other purposes. Cookies may be “session-only” or “persistent.” Persistent cookies last for more than one visit and are typically used by us on the China Leads Website to allow a visitor to personalize his/her experience. We may use cookies to analyze the traffic on the China Leads Website (such as total visitors and pages viewed), to personalize features or save you the trouble of retyping your name or other information, and to make improvements to the China Leads Website (including your Companion Page ™) based on the data we collect. We do not save passwords or other sensitive information in cookies. The use of cookies has become a standard in the Internet industry, especially at Websites that provide any kind of personalized service.
       3. Pixel Tracking. We may employ a common technique usually referred to as “pixel tracking” to measure the effectiveness of marketing and advertisements, as well as compile aggregate usage statistics. Pixel tracking, which may be used in connection with advertisements on other sites, on the China Leads Website or in e-mail messages, involves the use of pixel tags (also known as “clear gifs,” “Web beacons” or “1-by-1 gifs”) that are not visible to the user of the site and consist of a few lines of computer code. For instance, if you visit the China Leads Website from an advertisement on another site, the pixel tag will reference the cookie you received when you clicked on the advertisement. The pixel tag also may register this activity with a business partner to allow us to count the number of times or when an advertisement is accessed. This data is collected for use in our marketing and research. Personally identifiable information about you is not collected by pixel tracking, nor is any tracking information generated from the pixel tag allowed to be used for any other purpose other than to report Website activity to us.
    2. Special Promotions. Some users may request or authorize us to contact them by e-mail or telephone. Provided you have expressly opted in and/or have received an e-mail opt-in confirmation, we may use your e-mail address to provide you with special promotions, offers, or other information. Additionally, you may specifically authorize us, by opting-in, to share your e-mail address with our business partners. If you opt-in, our business partners may contact you via e-mail with a variety of special promotions, offers, or other information that may be of interest to you. You have the right to opt-out of any special promotions, offers, or other information at any time.
    3. Miscellaneous. We may also gather information about your transactions and, as permitted by applicable law, information we receive from credit reporting bureaus and other third parties, such as credit history. This information may include credit card numbers and other credit history data. We attempt to retain information we collect for commercially reasonable periods of time or in accordance with specific policies or as required by law. Information collected for a specified purpose will only be used for that purpose and, after a reasonable period of time, will no longer be actively stored when that purpose has been fulfilled. Inactive data may, however, continue to be used for statistical, marketing, archiving, and other purposes.
    4. Disclosure. Except for the following circumstances and/or situations, we will not knowingly authorize the disclosure of your personally identifiable information gathered from the China Leads Website to third parties without your consent. The exceptions are:
       1. We may disclose user information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, customers or other users of our Web Site, or anyone else who could be harmed by such activities.
       2. We may disclose user information when we believe in good faith that such disclosure is required by applicable law.
       3. We may disclose user information to business partners and/or third parties, subject to confidentiality agreements, for administrative or other business purposes, as is necessary to facilitate on-line transactions or to maintain and improve our services. Aggregate data (without personally identifiable information) may be used for internal business purposes, marketing purposes, or shared with business partners for legitimate business purposes.
    5. Security. We use commercially reasonable security measures including secure socket layer (SSL) to prevent unauthorized access to your information. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information transmitted over the Internet. Once we receive your information, we take steps that we believe are reasonably appropriate to protect the security of your data, in electronic and paper form, both internally and from outsiders, from loss, misuse, unauthorized access, disclosure, alteration and destruction, and to ensure the integrity of the data we collect. We use a combination of technological, physical, administrative, and policy methods as well as organizational controls and non-disclosure or confidentiality agreements as we deem appropriate to protect this data.

Copyright © 2001 - 2008 My Tradeleads, LLC All rights reserved. : Terms of Use