Terms Of Use

TERMS OF USE

Welcome to the Ching Technologies, Inc. (“Ching”) website, applications, mobile apps, and other tools (the “Site”). It is important to us that you, and our other visitors, have a special experience while using the Site and that when you use this Site you are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms of Use (“Terms”) as the legally binding terms to govern your use of this Site. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE, BECAUSE THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. 

  1. You Accept These Terms - If you do not agree with any of these Terms, including the Privacy Policy incorporated herein, please do not use this Site. By using this Site you will be deemed to have irrevocably agreed to these Terms. Some areas of this Site may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms regarding use of this Site, unless otherwise expressly stated.
  2. Updates to Terms - Please note that these Terms may be revised and reissued, prospectively by posting updated terms on this Site. You consent and agree to receive notices of updates of these Terms through postings of the updated Terms on our Site. You should visit this page regularly to review the current terms. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.
  3. Legal Capacity - This is a general audience Site for adults. We will assume (and by using this Site you represent that) you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
  4. Age - You represent that you are at least eighteen (18) years of age.
  5. The Information You Give Us Must Be Correct - To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide be correct, current, and complete. If we believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account.
  6. Online Privacy Notice - Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this site. 
  7. Internet Browsers - Up-to-date Internet browsers that we support include Internet Explorer 10.x or higher, Safari 3.2x or higher, Firefox 32.x or higher and Chrome 38.x or higher, Mac OSX Safari 5 or higher, Safari for iOS6 and higher, Chrome for iOS, and Chrome for Android.
  8. Disclaimer of Warranties - YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, CHING, AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CHING DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY WEB SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. CHING MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND CHING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. ALL RIGHTS, OBLIGATIONS AND COVENANTS OF CHING AND ANY CHING CUSTOMER WITH RESPECT TO ANY CHING PRODUCT OR SERVICE SHALL BE SUBJECT TO THE TERMS AND CONDITIONS OF A DEFINITIVE CUSTOMER SERVICE AGREEMENT EXECUTED AND DELIVERED BY THE PARTIES TO THAT AGREEMENT. IF THERE IS ANY CONFLICT BETWEEN THESE TERMS AND THE CUSTOMER SERVICE AGREEMENT, THE CUSTOMER SERVICE AGREEMENT WILL CONTROL.
  9. Limitation of Liability - IN NO EVENT WILL CHING, ITS OWNERS, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEBSITE OR ITS CONTENT, (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, THE PRODUCTS OR SERVICES DESCRIBED OR THE CONTENT, OR (III) ANY OTHER MATTER RELATING TO THE WEBSITE, THE PRODUCTS OR SERVICES DESCRIBED, OR THE CONTENT, EVEN IF CHING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE CONTENT OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF CHING, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
  10. Trademarks and Copyrights - This Site and materials incorporated by Ching on this Site ("Material") are protected by copyrights, patents, trade secrets or other proprietary rights ("Intellectual Property Rights"). Some of the characters, logos or other images incorporated by Ching on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Ching or others ("Trademarks"). Ching respects the intellectual property rights of others and asks users of this Site to do the same. You may not copy or use the names, marks or logos of Ching in whole, in part, in modified form or otherwise. Certain third-party trademarks, logos and brands may appear on the Site, and those are the sole property of their respective owners. 
  11. Your Use of Material - Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms may be a violation of the Copyrights and/or Trademarks protected by law and these Terms and is prohibited. You may access and display Material and all other content displayed on this Site for non- commercial, personal, or entertainment use and only to learn about Ching, its products and services. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by Ching. Ching transfers no right, title or interest in any content on the Site to you, whether as a result of your downloading or printing content or otherwise. Any authorization to copy Material granted by Ching in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. You may not use, alter, copy, distribute, transmit our Site content, or create another work based on that content, except in any case as expressly permitted by these Terms of Use.
  12. Submissions, Postings and E-mails - Ching is interested in hearing from you regarding your questions or comments about our Site. However, Ching does not accept or consider unsolicited submissions of any kind (e.g. ideas, treatments, concepts, or any other materials) in any format, by any means of transmission (including email). Any such submissions are either returned to the sender without being reviewed or deleted or discarded without being reviewed. Therefore, please do not send any unsolicited submissions to any member of Ching.
  13. Responsible Use of Site - Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing, or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials transmitted on or through this Site are the sole responsibility of the sender, not Ching, and that you are responsible for all material you upload or otherwise transmit to or through this Site. You may not link or otherwise connect our Site or any content on our Site without our prior written permission to do so. You agree that you will not use this Site for any of these prohibited uses or purposes:
    • Selling, reselling or offering for sale or resale any content or aspect of this Site;
    • Bypassing any measures we use to prevent, restrict or otherwise limit access;
    • Using the Site to send altered, deceptive or false information;
    • Using the Site to intercept, collect or store personal information of others;
    • Using the Site to spam or phish or otherwise impact the operation of the Site or the integrity of the use of the Site by Ching or others;
    • Accessing, monitoring or copying any content or information on the Site, including but not limited to by means of robots, screen scrapers, data mining software or similar tools;
    • Framing or otherwise incorporating all or any portion of the Site into any other site;
    • Decompiling, disassembling or reverse engineering any of the software or content used in any part of the Site;
    • Placing, sending or otherwise transmitting any malware, virus or using any malicious programs or techniques in connection with the Site;
    • Overloading or otherwise crashing or attempting to crash the Site; and
    • Engaging in any high volume data transfers or bandwidth use through your use of the Site.
  14. Release - If you have a dispute with one or more users, you release us from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
  15. System Abuse - Without limitation, you agree not to send, create or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "spamming" (i.e., unsolicited emailing for business or other purposes), or undertake any other activity which may adversely affect the operation or enjoyment of this Site by any other person. You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site.
  16. Security - Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security of your username and password (if any). Ching shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that Ching considers insecure, Ching will be entitled to require this to be changed and/or terminate your account.
  17. Violation of Security - You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Ching reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
  18. Investigations - Ching reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting, or e-mails you make or send to any forum. Ching may seek to gather information from the user who is suspected of violating these Terms, and from any other user. Ching may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Ching believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting, or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Ching will fully cooperate with any law enforcement authorities or court order requesting or directing Ching to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF CHING FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF CHING DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF CHING OR LAW ENFORCEMENT AUTHORITIES.
  19. Service - In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem, mobile device, tablet and/or other access devices).
  20. Reservation of Rights - Ching reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.
  21. Local Regulations - Ching makes no representation that Materials or other content on the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
  22. Third-Party Sites - This Site may link you to other sites on the Internet. These other sites are not under the control of Ching, and you acknowledge that (whether or not such sites are affiliated in any way with Ching) Ching is not responsible for the content of such sites. Ching cannot ensure that you will be satisfied with any services that you obtain from any third-party site that links to or from Ching. Ching does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any of these third parties. You acknowledge and agree that if you use those links, you will be subject to that third party's terms of use, its privacy policy or information security policy or any other terms, policies, conditions or agreements applicable to that third party's website.
  23. Proprietary Online Services - Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.
  24. Jurisdictional Issues - The Materials and all other content in this Site are presented for the purpose of providing information regarding products available in the United States and elsewhere.
  25. Choice of Law - With the exception of Section 10 which will be construed in accordance with the FAA, these Terms shall be governed by, construed and enforced in accordance with the laws of the State of Delaware.
  26. How To Contact Us - Please forward any comments or complaints about the Site to support@chingtechnologies.com.
  27. General - If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Ching relating to the matters contained here and the Site.