Mountauk.Com Website Terms & Conditions

Last modified: November 24, 2022

THESE Terms AND Conditions REQUIRE INDIVIDUAL ARBITRATION TO RESOLVE ANY DISPUTES. FULL DETAILS ARE PROVIDED BELOW.

Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Ishunfei International, LLC. The collective work includes works that are licensed to Ishunfei International, LLC. Copyright 2021, Ishunfei International, LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Ishunfei International, LLC or purchasing Ishunfei International, LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Ishunfei International, LLC or to purchase Ishunfei International, LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Ishunfei International, LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of Ishunfei International, LLC used in the site are trademarks or registered trademarks of Ishunfei International, LLC

Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Ishunfei International, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Ishunfei International, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Ishunfei International, LLC does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

Ishunfei International, LLC shall not be liable for any indirect, punitive, incidental, special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, whether based in contract, tort, strict liability or otherwise, even if Ishunfei International, LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a Ishunfei International, LLC product is mistakenly listed at an incorrect price, Ishunfei International, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Ishunfei International, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Ishunfei International, LLC shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Ishunfei International, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Ishunfei International, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Ishunfei International, LLC.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Illinois, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Ishunfei International, LLC products) must be commenced within one (1) year after the claim or cause of action arises. Ishunfei International, LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Ishunfei International, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Ishunfei International, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Ishunfei International, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Ishunfei International, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Ishunfei International, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Ishunfei International, LLC in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Ishunfei International, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Email Participation; Telephone Contact

You agree that by purchasing our product that you will then be eligible to receive marketing/promotional emails. Within those emails you will have the opportunity to opt out of receiving future emails.  You further agree that if you provide us with a telephone number when placing an order or by establishing a user account on our website, we may contact you by telephone regarding any order that you have placed with us.

Disputes

THESE TERMS REQUIRE YOU TO ARBITRATE DISPUTES, WAIVE YOUR RIGHT TO A JURY TRIAL AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FOR ANY ALLEGED BREACH OF THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW. Any dispute or claim relating in any way to these terms of use, this website, or any products or services sold or distributed by or through this website, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims so qualify. The Federal Arbitration Act and federal arbitration law will apply to any arbitration conducted in connection with these terms and conditions, and any such arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the American Arbitration Association in Chicago, Illinois. To the fullest extent permitted by law, we each agree that any arbitration or other dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You and Ishunfei International, LLC, agree, to the fullest extent permitted by law, to waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-conveniens, and you agree to give up any right to a jury trial in any such arbitration or other dispute resolution proceeding. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Arbitration shall not commence until the party requesting it has deposited the necessary and required deposit with the office of the arbitrator for the arbitrator's fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.  Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and Ishunfei International, LLC and your and Ishunfei International, LLC's respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or Ishunfei International, LLC be entitled to punitive, special, indirect or consequential damages and both you and Ishunfei International, LLC hereby waive your and Ishunfei International, LLC's respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue, value or business. Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Ishunfei International, LLC, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Cook County, Illinois.

Third-Party Links

In an attempt to provide increased value to our visitors, Ishunfei International, LLC may link to sites operated by third parties. However, even if the third party is affiliated with Ishunfei International, LLC, Ishunfei International, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Ishunfei International, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Ishunfei International, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Changes to Our Terms & Conditions

It is our policy to post any changes we make to our terms & conditions on this page. If we make material changes to our terms & conditions, we will notify you by updating the effective date of the terms & conditions on this page, which we encourage you to visit each time you use our Website. The date the terms & conditions were last revised is identified at the top of the page.