Terms and Conditions
Effective Date: April 30, 2012
Welcome to www.huaweidevice.com/us for U.S. residents, collectively the “Site.” The Site is comprised of web pages containing information and resources provided by HUAWEI Device USA Inc. and its affiliates (“HUAWEI”) and certain third party content providers. HUAWEI offers you access to the Site conditioned on your acceptance of these Terms of Use, including your agreement to the Privacy Statement, each as amended from time to time (collectively, the “Terms”). HUAWEI’s Privacy Statement is part of and incorporated into these Terms and applies to your use of the Site. It contains information about HUAWEI’s practices for collection and use of information about you and your use of the Site. Please review the Privacy Statement. “You” means an individual who accesses or uses the Site and any services available through the Site (“Services”).
Please read these Terms carefully before accessing or using the Site. By accessing or using the Site, you agree to be bound by these Terms. If you do not wish to be bound by these Terms, do not access or use the Site.
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1. Additional Terms.
Additional terms may be presented to you on the Site. You agree to comply with any additional terms, which are incorporated in these Terms by reference.
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2. Passwords; Attribution of Electronic Acts to You.
Some activities on this Site may require you to register with a user name and password. If you register, you must provide HUAWEI with current, complete and accurate information. You are responsible for maintaining the confidentiality of your password and user name. You agree that if your user name and password are used on the Site, HUAWEI may attribute that use to you and you will be legally bound by it and responsible for any and all activities that occur under your account. You agree to notify HUAWEI immediately of any unauthorized use of your account or any other breach of security. HUAWEI may change your user name and password at any time.
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3. Site Use.
You may use the Site when it is available. The Site may not always be available. HUAWEI reserves the right to change or remove, and restrict or block access to, all or any part of the Site at any time without notice. HUAWEI and its suppliers own all information, graphics, text, images, sound files, video and other materials, as well as the selection and arrangement of the materials provided through this Site (“Content”). You may view, copy, print and use pages and information from this Site solely for personal and noncommercial purposes. You may not alter any information or pages in any way, including removing copyright, trademarks or other proprietary rights notices. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from this Site without HUAWEI’s prior written (non-electronic) consent. You may not use or export anything from the Site in violation of U.S. export laws and regulations or these Terms. All rights not expressly granted to you in these Terms are reserved.
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4. Caution about Accuracy of Information.
This Site represents current HUAWEI services and products, and is subject to change without notice. There may be information on this Site that is outdated, contains typographical errors, inaccuracies or omissions. The colors you see (for example, product colors) on the Site may depend on the specifications and settings of your computer and may not accurately depict the actual colors. You agree not to rely on any information provided on this Site.
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5. Third Party Website Links.
The Site may contain links to third party web sites ("Linked Sites"). The Linked Sites are not under HUAWEI’s control and HUAWEI is not responsible for any Linked Site. HUAWEI provides these links as a convenience and the inclusion of any link does not imply endorsement by HUAWEI or an association with its operators. When you access a Linked Site, you do so at your own risk.
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6. Third Party Materials.
If you obtain anything from a third party over the Internet, directly or indirectly through the Site, including but not limited to ringtones, content, music, applications, stock quotes, newscasts, weather reports or other materials and information for use on or with your HUAWEI device (“Third Party Materials”), you understand that you receive such Third Party Materials from the third party supplier and not from HUAWEI. Your relationship with respect to Third Party Materials is with the supplier, and not with HUAWEI. Any claims you might have with respect to Third Party Materials are against the supplier and not against HUAWEI.
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7. No Warranties.
The Site, Linked Sites, Content, Third Party Materials, and Services, including without limitation, updates and upgrades for the software installed on your HUAWEI device that you download to your HUAWEI device via the Site, are provided “AS IS,” “WITH ALL FAULTS” and "AS AVAILABLE," and the entire risk as to satisfactory quality, performance, accuracy and effort is with you to the maximum extent permitted by applicable law. HUAWEI and its suppliers make no representations, warranties or conditions, express, implied or statutory, including without limitation, the implied warranties of merchantability, merchantable quality, fitness for a particular purpose or non-infringement. You may have additional consumer rights under your local laws that these Terms cannot change.
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8. Disclaimer of Certain Damages.
To the maximum extent permitted by applicable law, HUAWEI shall not be liable to you or third-party claiming through you for any damage suffered as a result of your displaying, copying or downloading information or material contained on this site. In no event shall HUAWEI be liable to you or any third-party for any indirect, extraordinary, exemplary, punitive, special incidental or consequential damages(including loss of data, revenue, profits or other economic advantage) however arising, whether for breach or in tort even if HUAWEI has previously advised of the possibility of such possible damage.
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9. Privacy.
To operate and provide the Site, HUAWEI may collect certain information about you. We use and protect that information as described on the Site and in the Privacy Statement. Personal information collected through the Site may be stored and processed in the United States. By using the Site, you consent to the transfer of information outside of the country where you reside.
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10. Applicable Law and Forum.
If you live in the United States, the laws of the state of Texas in the United States govern the interpretation of these Terms and apply to claims for breach of it regardless of conflict of laws principles. Any other claims, including claims regarding consumer protection laws and in tort, will be subject to the laws of your state of residence in the United States. If you live in the United States, you agree to submit to the exclusive jurisdiction and venue in the state and federal courts in Dallas County, Texas for any and all disputes, claims and actions arising from or in connection with the Site and these Terms.
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11. General.
If a court of competent jurisdiction determines that any part of these Terms is invalid or unenforceable, then it will replace the invalid or unenforceable provision with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect. The section titles in these Terms are used only for the parties ‘convenience and have no legal or contractual significance. HUAWEI may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, in the Site. HUAWEI’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms (including the Privacy Statement and any other incorporated terms) constitute the entire agreement between you and HUAWEI with respect to the Site. These Terms supersede all prior or contemporaneous communications of any kind between you and HUAWEI with respect to the Site.
®© 2012 Huawei Device USA Inc.
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