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Lam Quan Inc is not responsible for the success or failure of your decisions including financial and investment decisions relating to any information or content presented through this web site. In addition, this web site and its owners accept no responsibility for the consequences caused, directly or indirectly, by actually implementing or attempting to implement the suggestions provided by the information and content through this web site. There are no assurances that any prior successes, or past results can be used as an indication of your future success or results. Furthermore, there are no guarantees and you agree that we are not responsible in any way for any success or failure that you may experience as a result of using, purchasing the information or content present through this web site.
The terms and conditions of transactions contained within this Agreement shall apply to all quotations and offers made by and purchase and service orders accepted by the Seller. These terms and conditions may in some instances conflict with some of the terms and conditions affixed to the service and purchase order or other procurement documents, other written documents such as emails, or verbal consensuses issued by the Buyer. In such a case, the terms and conditions contained in this Agreement shall govern, make legally void of them, and acceptance of Buyer's order is conditioned upon Buyer's acceptance of the terms and conditions of this Agreement irrespective of whether the Buyer accepts these conditions by a written acknowledgment, by email, by verbal subscription, by implication, or acceptance and payment of service ordered under this Agreement. Seller's failure to object to provisions contained in any communication from Buyer shall not be deemed a waiver of the provisions of this Agreement. Any changes in the terms and conditions of transactions contained in this Agreement must specifically be agreed to in writing signed by the Seller before becoming binding on either Party. All orders, offers, and contracts must be approved and accepted by the Seller.
DEFINITIONS.
Agreement . means this agreement herein.
Seller . means Lam Quan, INC.
Buyer . means users or subscribers purchasing the service from this online website.
Party . means Seller or Buyer.
Parties . collectively means the Seller and the Buyer.
Product Specification . means the specification for any service prepared by the Seller for the Buyer.
Website - www.lamquan.com
PAYMENT. All transactions require advance payment prior to rendering of service. Failure of Buyer to make payment will be considered a breach of this Agreement. All payments are to be accepted in U.S. currency. In the event that Seller is required to bring legal action to collect on delinquent accounts, Buyer will be responsible for payment of attorney fees and any and all other costs incurred in the collection of payment. In the event Buyer is delinquent, Seller is entitled to seek any and all remedies, including but not limited to, charging Buyer 5% interest per month per thirty (30) days past due, withholding future rendering of any service, or canceling the Agreement.
TAXES. All prices are exclusive of any present or future transaction, revenue or excise tax or other tax applicable to the services. Such taxes when applicable shall be paid by Buyer unless Buyer provides Seller with a proper tax exemption certificate.
TITLE. Title of goods in the form of service is transferred to Buyer at the destination point.
DELIVERY. Sales and transactions are F.O.B. destination, unless otherwise provided. Buyer shall provide Seller a three (3) month delivery forecast for service. Buyer shall also provide Seller with purchase orders at least one (1) month prior to forecasted delivery date of service.
ACCEPTANCE. Buyer shall accept the service provided. Buyer shall accept or reject service within thirty (30) days of receipt of each shipment. Failure to notify Seller in writing of nonconforming goods within thirty (30) days shall be deemed an unqualified acceptance. Prior to return of goods for nonconformity, Buyer shall obtain a written return authorization for Seller. Testing of goods shall be performed in compliance with Seller's Product Specification.
LIMITATIONS OF LIABILITY. The Seller and its employees, together or separately, is not liable for any condition, including medical, physical, psychological, or emotional, any monetary loss, any damage, including monetary, financial, investment, physical, mental, emotional, psychological, medical, religious, direct, indirect, incidental, or consequential, any loss of profits or money, revenue or data, or any dissatisfaction or discontent, whether in an action in contract, tort, product or service liability, statute or otherwise, even if advised of the possibility of those damages or any condition, including physical, emotional, mental, or monetary. The Seller and its employees will not be liable for direct damage or any damage caused by late delivery, service defect, service dissatisfaction, or any other causes. The Seller and its employees will not be legally liable for any service rendered through this website, any service rendered as a result of contact through this website, any service related or linked to this website, or any service through and as a result of initial, continuing, and subsequent of future contacts through this website. The Seller has set prices for its service and products based on the allocation set out in this Agreement.
REVERSE ENGINEERING AND COPYING. Buyer agrees not to copy or use the same design, copy or use the same service design, copy or provide the same or similar service for profits or not for profit, reverse engineer, disassemble, or take any other step to derive the structure or design of the service or product. Any attempt to use the design or derive the structure or design of the service and product shall be deemed a breach of this Agreement and shall make the Buyer legally liable. Buyer shall be liable for all direct and indirect damages (including emotional, consequential, incidental, monetary, and punitive damages) resulting form any copying, redistributing in other forms, for profit or not for profit, reverse engineering or copying of goods and services performed intentionally by Buyer or an agent, friend, or acquaintance of the Buyer, financially involved or not, or performed as a result of Buyer's negligence. Buyer agrees to not resell goods or service or make available the same goods and service, whether for profit or not for profit. Buyer agrees, upon Seller's request, to promptly deliver a written description of all of the Buyer's purposes, products, services, designs, and source codes.
RESALE. Buyer agrees not to resell goods or service for profit or present the service for profit or not for profit in any way, including books, Internet service, or any electronic device. Buyer agrees, upon Seller's request, to promptly deliver a written description of Buyer's product, service, design, source code, and statement of purpose to Seller.
FORCE MAJEURE. The Seller shall not be liable for any damage or penalty for delay in delivery or for failure to give notice of delay when such delay is due to the elements, acts of God, acts of the Buyer, act of civil or military authority, war, riots, concerted labor action, or any other causes beyond the reasonable control of the Seller. The anticipated delivery date shall be deemed extended for a period of time equal to the time lost due to any delay excusable under this provision.
CANCELLATION. Seller in principle does not accept cancellation of orders. Upon limited exception, cancellation or rescheduling of shipment may be accepted if an authorized agent of the Seller provides authorization and Buyer provides written notice of at least thirty (30) days prior to shipment. Services and goods being produced at the time of cancellation shall be paid for by the Buyer at a price.
CANCELLATION FOR INSOLVENCY. The Seller shall have the right to cancel any unfilled order without notice to Buyer in the event that Buyer: (i) becomes insolvent; (ii) is adjudicated bankrupt; (iii) petitions for or consent to any relief under any bankruptcy reorganization statutes; or (iv) becomes unable to meet its financial obligations in the normal course of business.
CONFIDENTIALITY. The Buyer agrees to treat any information gained from Seller in the course of this Agreement as confidential, and shall not divulge, directly or indirectly, to any other person, firm, corporation, association, or entity, for any purpose whatsoever. Buyer also agrees not to make use of any information gained from the Seller except for the purpose of evaluating and fulfilling its terms of the Agreement herein.
DURATION OF AGREEMENT: This agreement will become effective upon date of "signature," selecting "Yes" to the prompt of this Agreement on the Internet, purchase, or payment transaction, either substantial or insubstantial, and continues indefinitely.
MISCELLANEOUS. The Parties agree that all disputes under this Agreement shall be governed by and construed under the laws of Texas. The parties also agree to submit to the jurisdiction of Texas for all disputes arising from this Agreement. At the Seller's option, disputes between the parties arising out of this Agreement may be resolved through arbitration proceedings. This Agreement represents the entire understanding and agreement of the Parties and supersedes all prior communication, agreements, and understanding relating to the terms and conditions of this Agreement. In the event any provisions of this Agreement are judged legally invalid, they shall automatically be severed from this Agreement and the remaining provisions of this Agreement shall continue in force; provided that should such invalidity substantially alter the right of the Seller and its employees, the Parties shall promptly renegotiate the severed provisions of this Agreement.