Terms of service
OVERVIEW
Welcome to eMedicn! The terms "we", "us" and "our" refer to eMedicn. eMedicn operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). eMedicn is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. eMedicn reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until eMedicn confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as eMedicn may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by eMedicn, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of eMedicn, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by eMedicn.
eMedicn's names, logos, product and service names, designs, and slogans are trademarks of eMedicn or its affiliates or licensors. You must not use such trademarks without the prior written permission of eMedicn. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify's relationship with your store and should not be removed or modified.]
eMedicn is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with eMedicn. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and eMedicn, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with eMedicn.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm eMedicn, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using persons device, without direct supervision.
14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY eMedicn, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL eMedicn, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless eMedicn, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where eMedicn is headquartered. You and eMedicn consent to venue and personal jurisdiction in such courts.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at emedicn@163.com.
Our contact information is posted below:
[INSERT TRADING NAME]
emedicn@163.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER] OVERVIEW
Welcome to eMedicn! The terms "we", "us" and "our" refer to eMedicn. eMedicn operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). eMedicn is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. eMedicn reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until eMedicn confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as eMedicn may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by eMedicn, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of eMedicn, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by eMedicn.
eMedicn's names, logos, product and service names, designs, and slogans are trademarks of eMedicn or its affiliates or licensors. You must not use such trademarks without the prior written permission of eMedicn. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify's relationship with your store and should not be removed or modified.]
eMedicn is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with eMedicn. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and eMedicn, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with eMedicn.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm eMedicn, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using persons device, without direct supervision.
14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY eMedicn, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL eMedicn, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless eMedicn, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where eMedicn is headquartered. You and eMedicn consent to venue and personal jurisdiction in such courts.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at emedicn@163.com.
Our contact information is posted below:
[INSERT TRADING NAME]
emedicn@163.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER] 概览
欢迎来到eMedicn !术语“我们”、“我们的”均指eMedicn 。eMedicn运营该商店和网站,包括订单中的所有相关信息、内容、功能、工具、产品和服务,以便为您(客户)提供精心策划的购物体验(“服务”)。eMedicn由 Shopify 提供支持,这使我们能够为您提供服务。
以下服务条款,连同本文提及的任何政策(以下简称“服务条款”或“条款”),阐明了您在使用服务时的权利和责任。
请仔细阅读这些服务条款,其中包含有关您的合法权益的重要信息,并涵盖免责声明和责任限制等方面内容。
通过访问、使用我们的服务或与之互动,您同意受本服务条款和我们的隐私政策[链接]的约束。如果您不同意这些服务条款或隐私政策,则不应使用或访问我们的服务。
第 1 节 -访问和账户
同意本服务条款,即表示您声明您已达到您所在州或省的法定成年年龄,并且您已允许您的任何未成年受抚养人在您拥有、购买或管理的设备上使用本服务。
若要使用本服务,包括访问或浏览我们的在线商店或购买任何
我们提供的产品或服务,您可能会被要求提供某些信息,例如您的电子邮件地址、账单、支付和发货信息。您声明并保证,您在我们商店提供的所有信息均为正确、最新且完整的信息,并且您拥有提供此信息所需的一切权利。
您对维护您的账户凭证的安全以及所有账户活动负全部责任。您不得将您的账户转让、出售、让与或授权给任何其他人。
第 2 节 -我们的产品
我们已尽一切努力在在线商店中准确展示我们的产品和服务。但请注意,由于您用于访问商店的设备类型以及设备的设置和配置有所不同, 颜色或产品外观可能与您屏幕上的显示效果有所不同。
我们不保证您购买的任何产品或服务的外观或质量能够满足您的期望,或与我们在线商店中展示或呈现的效果相同。
所有产品描述均可能随时更改,恕不另行通知,最终解释权归我们所有。我们保留随时停止提供任何产品的权利,并可以根据具体情况,限制向任何人、任何地区或司法辖区提供的任何产品的数量。
第 3 部分 -订单
当您下订单时,您就提出了购买要约。eMedicn保留以任何理由自行决定接受或拒绝您的订单的权利。您的订单须经eMedicn确认接受后才算成立。我们必须收到并处理您的付款后,您的订单才被接受。请在提交订单前仔细核对订单,订单一旦被接受,eMedicn可能无法接受取消订单的请求。如果我们不接受、更改或取消订单,我们将尝试通过您在下单时提供的电子邮件、账单地址和/或电话号码与您联系。
您的购买仅可根据我们的退款政策[链接]进行退货或换货。
您声明并保证,您的购买仅供您个人或家庭使用,不用于商业转售或出口。
第4 节 -价格和账单
价格、折扣和促销活动如有更改,恕不另行通知。产品或服务的价格是下订单时的有效价格,并会在您的订单确认电子邮件中列出。除非另有明确说明,标示的价格不包括税费、运费、处理费、关税或进口费用。
我们的在线商店中发布的价格可能与实体店、由第三方经营的在线商店或其他商店中的价格不同。我们可能会不时提供服务促销活动,这些活动可能会影响定价,并且受本条款之外的服务条款的约束。如果促销条款与本条款发生冲突,则以促销条款为准。
您同意在我们的商店购买时提供最新、完整且准确的购买、支付和账户信息。您同意及时更新您的账户和其他信息,包括您的电子邮件地址、信用卡号码和到期日期,以便我们能够完成您的交易并在需要时与您联系。
您声明并保证 (1) 您提供的信用卡信息真实、正确且完整,(2) 您已正式授权使用该信用卡进行购买,(3) 您的信用卡公司将承担您所产生的费用,以及 (4) 您将按照公布的价格支付您所产生的费用,包括运费和处理费以及所有适用的税费(如有)。
第5 节 -发货和配送
我们对发货和配送延迟不承担任何责任。所有配送时间仅为预估时间,无法保证准确。对于因承运商、海关处理或我们无法控制的情况而造成的延误,我们概不负责。一旦我们将产品移交给承运商,所有权和损失风险就转移给您。
第 6 节 - 知识财产
我们的服务,包括但不限于所有商标、品牌、文字、展示内容、图像、图形、产品评论、视频和音频及其设计、选择和排列,均归eMedicn 、其联盟或授权方所有,并受美国和外国专利、版权和其他知识财产法的保护。
本条款仅允许您将服务用于个人非商业用途。未经我们事先书面同意,您不得复制、分发、修改、创建衍生作品、公开展示、公开表演、重新发布、下载、存储或传输服务中的任何材料。除明确规定外,本条款中的任何内容均不得解释为授予您eMedicn、Shopify 或任何第三方的任何专利、商标、版权或其他知识产权许可或其他权利。未经授权使用本服务可能违反联邦和州知识产权法。eMedicn保留本协议未明确授予的所有权利。
eMedicn的名称、标识、产品和服务名称、设计和标语是eMedicn或其联盟或授权方的商标。未经eMedicn事先书面许可,您不得使用该商标。Shopify 的名称、logo、产品和服务名称、设计和标语是 Shopify 的商标。服务中出现的所有其他名称、标志、产品和服务名称、设计和标语均为其各自所有者的商标。
第 7 节 - 可选工具
您可能会获得第三方提供的客户工具的使用权限,这些工具是服务的一部分,但我们既不监控也不控制这些工具,也无法对其进行任何干预。
您承认并同意,我们按“现状”和“可用”的方式提供此类工具的访问权限,不提供任何形式的保证、陈述或条件,也不做任何认可。对于您使用可选的第三方工具而引起的或与之相关的任何责任,我们概不承担任何责任。
您使用本网站提供的任何可选工具均需自行承担风险并自行决定,您应确保您熟悉并同意相关第三方提供商提供的工具条款。
未来,我们可能还会通过服务提供新功能(包括发布新工具和资源)。此类新功能也应被视为服务的一部分,并且受本服务条款的约束。
第 8 节 - 第三方链接
服务可能包含由第三方提供或运营的网站的材料和超链接(包括任何嵌入的第三方功能)。我们不负责审查或评估您选择访问的任何第三方材料或网站的内容或准确性。如果您决定离开本服务去访问这些材料或第三方网站,您将自行承担风险。
对于您访问任何第三方网站,或在任何第三方网站上购买或使用任何产品、服务、资源或内容而造成的任何损害或损失,我们概不负责。请仔细阅读并理解第三方的政策和条款,然后再进行任何交易。如果您要针对第三方产品和服务提起投诉、索赔或有任何疑虑或问题,请直接向第三方提出。
第 9 节 - 与 Shopify 的关系
[商家注意:本部分准确描述了 Shopify 与您商店之间的关系,请勿删除或修改。]
eMedicn由 Shopify 提供支持,这使我们能够为您提供服务。但是,您在我们商店进行的任何销售和购买都是直接与eMedicn进行。使用本服务,即表示您承认并同意 Shopify 对您与eMedicn之间所进行任何销售的任何方面概不负责,包括因购买产品和服务而导致的任何伤害、损害或损失。您特此明确免除 Shopify 及其联盟因您在eMedicn处进行购买或与之交易而引起的或与此相关的任何索赔、损害和责任。
第 10 节 - 隐私政策
我们通过服务收集的所有个人信息都受我们隐私政策的约束,相关信息可以在此处查看[链接] ,某些个人信息可能受 Shopify 隐私政策的影响,相关信息可以在此处。使用本服务即表示您已阅读并理解本隐私政策。
因为服务由 Shopify 托管,所以 Shopify 会处理有关您访问和使用服务的个人信息,以便为您提供服务并改进服务。您提交给服务的信息将被传输给 Shopify 以及可能位于您居住地以外的其他国家/地区的第三方,以便为您提供服务。请查看我们的隐私政策[链接] ,详细了解我们、 Shopify 以及我们的合作伙伴会如何使用您的个人信息。
第 11 节 - 反馈
如果您提交、上传、发布、发送电子邮件或以其他方式传输任何想法、建议、反馈、评论、提议、计划或其他内容(统称为“反馈”),您就授予我们永久的、全球性的、可再许可的、免版税的许可,以便我们可以出于任何目的(包括商业用途)在任何媒介上使用、复制、修改、发布、分发和展示此类反馈。例如,我们可以利用本许可授予的权利来运营、提供、评估、增强、改进和推广服务,同时履行我们的义务并行使我们在服务条款下的权利。
您还声明并保证:(1) 您拥有或持有所有反馈的所有必要权利;(2) 您已披露与提交反馈相关的任何报酬或奖励;以及 (3) 您的反馈遵守本条款的规定。我们没有义务(1)对您的反馈保密;(2)为您的反馈支付报酬;或(3)对您的反馈做出回应。
我们可能会(但没有义务)监控、编辑或删除我们自行判断为非法、冒犯性、威胁性、诽谤性、色情、淫秽或其他令人反感的内容,或违反任何一方的知识财产或本服务条款的内容。
您同意您的反馈不会侵犯任何第三方的任何权利,包括版权、商标、隐私、人格或其他个人或会员权利。您也同意,您的反馈不得包含诽谤性或其他非法、辱骂性或淫秽的内容,也不得包含任何可能以任何方式影响服务或任何相关网站运行的计算机病毒或其他恶意软件。您不得使用虚假的电子邮件地址,冒充他人,或以其他方式误导我们或第三方,使其对任何反馈的来源产生误解。您对您提供的任何反馈及其准确性负全部责任。我们不对您或任何第三方发布的任何反馈承担责任,也不承担法律义务。
第 12 节 - 错误、不准确之处和遗漏
服务中的信息有时可能包含与产品描述、定价、促销、优惠、产品运费、运输时间和供货情况相关的印刷错误、不准确或遗漏。我们保留随时更正任何错误、不准确或遗漏的权利,并有权在信息不准确的时候,随时更改或更新信息或取消订单,恕不另行通知(包括在您提交订单之后)。
第 13 条 - 禁止用途
您仅可出于合法目的访问和使用本服务。您不得直接或间接访问或使用本服务用于以下目的:(1) 任何非法或恶意目的;(2) 违反任何国际、联邦、省或州的法规、规章、法律或地方法令;(3) 侵犯或违反我们的知识产权或他人的知识产权;(4) 骚扰、虐待、侮辱、伤害、诽谤、诋毁、恐吓或伤害我们的任何员工或其他任何人;(5) 传播虚假或误导性信息;(6) 发送、明知接收、上传、下载、使用或重复使用任何不符合本条款的材料;(7) 发送或促使发送任何广告或促销材料,包括任何“垃圾邮件”、“连锁信”、“垃圾信息”或任何其他类似的宣传内容;(8) 冒充或试图冒充任何其他人或实体;或 (9) 从事任何其他限制或妨碍任何人使用或享受服务的行为,或我们认为可能损害eMedicn 、Shopify 或服务用户的利益,或使他们承担责任的行为。
此外,您同意不得:(1) 上传或传输病毒或任何其他类型的恶意代码,这些代码将或可能以任何方式影响服务的功能或运行;(2) 复制、拷贝、 提取、销售、转售或利用服务的任何部分;(3) 收集或跟踪他人的个人信息;(4) 发送垃圾邮件、钓鱼邮件、诱骗邮件或以借口滥用服务;(5) 使用任何机器人、网络爬虫、抓取、数据收集和提取工具、自动设备或流程、AI 工具(例如代理式 AI),或自动或手动方式访问服务 ;或 (6) 干扰、绕过或规避我们为限制访问 服务而采取的安全、授权功能、机器人排除头信息或其他措施。如果我们认为您违反了本条款的任何部分,我们有权随时暂停、禁用或终止您的账户,恕不另行通知。
第 14 节 - 代理
14.1 如果您使用、允许、启用或促使代理的部署,以此访问、使用任何服务或与任何服务进行交互,则本节(“代理条款”)适用。“代理”是指任何软件或服务,它可以代表任何个人或实体或按照任何个人或实体的指示采取自主或半自主行动,并且可以在没有直接监督的情况下代表个人或实体的设备执行或使用个人的设备执行。
14.2 任何代理不得访问、使用服务或与之互动,除非其始终表明自身身份并严格按照下文第 14.4 节的要求进行操作。此外,如果我们要求代理不得访问、使用或与任何服务进行交互,则任何代理不得访问、使用或与服务进行交互。
14.3 我们可能会通过技术措施等方式限制任何代理访问、使用服务以及与之进行交互。
14.4 代理必须:(1) 在所有 HTTP/HTTPS 请求中,标识该请求来自代理,并在请求的用户代理字符串中包含以下内容来披露代理的名称:“Agent/[代理名称]”;(2) 不得隐瞒或混淆任何访问、使用或交互来自代理的事实,例如通过 (a) 模仿人类行为和交互模式,或 (b) 完成或规避验证码或旨在区分计算机与人类的措施;(3) 如实回答任何旨在确定交互来自人类还是计算机的问题或提示词;(4) 不得规避或以其他方式逃避任何旨在阻止、限制、修改或控制代理访问、使用服务或与服务交互方式的措施。
第 15 条 - 终止
我们可自行决定随时终止本协议或您对服务的访问权限(或其任何部分),恕不另行通知,但您仍需承担截至终止日期(含当日)的所有应付款项。
条款终止后,以下章节仍继续有效:知识资产、反馈、终止条款、免责声明、责任限制、赔偿条款、可分割性条款、弃权条款;完整协议、转让条款、适用法律、隐私政策以及本质上应在协议终止后仍然有效的任何其他条款。
第 16 条 - 免责声明
通过本服务提供的信息仅供一般参考之用。我们不保证此信息的准确性、完整性或实用性。您对这类信息的任何依赖都将完全由您自行承担风险。对于您或任何其他服务访问者,或任何可能获悉其内容的任何人,因依赖此类材料而产生的任何责任和义务,我们概不负责。
除非eMedicn另有明确说明,否则本服务及通过本服务提供的所有产品均按‘现状’和‘可用’的方式供您使用,无任何形式的明示或暗示的陈述、保证或条件,包括适销性、商品质量、特定用途适用性、耐用性、所有权及不侵权等默示保证。我们不保证、不承诺或担保您使用服务时能够持续不中断、及时、安全或无错误。某些司法辖区限制或不允许排除默示保证或其他类型的保证,因此上述免责声明可能对你不适用
第 17 条 - 责任限制
在法律允许的最大范围内,eMedicn、我们的合作伙伴、董事、管理人员、员工、联盟、代理、承包商、服务提供商或授权方,以及 Shopify 及其联盟,均不对任何伤害、损失、索赔,或任何形式的直接、间接、附带、惩罚性、特殊或后果性损害承担责任,包括但不限于利润损失、收入损失、储蓄损失、数据丢失、替换成本或任何类似损害,无论其基于合同、侵权(包括过失)、严格责任或其他法律原因,因您使用任何服务或通过服务获取的任何产品,或与您使用服务或任何产品相关的任何其他索赔而产生,包括但不限于任何内容中的错误或遗漏,或因使用服务或通过服务发布、传输或以其他方式提供的任何内容(或产品)而产生的任何形式的损失或损害,即使已被告知该等损害的可能性。
第18条 - 赔偿
您同意就以下情况导致须向第三方支付的任何损失、损害、责任或索赔款(包括合理的律师费),向eMedicn、Shopify 以及我们的联盟、合作伙伴、管理人员、董事、员工、代理、承包商、授权方和服务提供商提供赔偿、为其辩护,并使其免受损害:(1) 您违反本服务条款或其通过引用并入的文件;(2) 您侵犯任何法律或第三方的权利;或 (3) 您访问和使用服务。
我们会通知您任何需要赔偿的索赔,但如果您未能及时收到通知,这并不会解除您的赔偿义务,除非您因此受到实质性损害。我们可以控制此类索赔的辩护和和解,费用由您承担,包括选择律师,但未经您的同意(您不得无理拒绝),我们不会就任何需要您承担非金钱义务的索赔进行和解。您应配合对需要赔偿的索赔进行辩护,包括提供相关文件。
第 19 条 - 可分割性
如果本服务条款中的任何条款被认定为非法、无效或不可执行,则该条款仍应在适用法律允许的最大范围内予以执行,并且不可执行的部分应视为与本服务条款分离,该认定不应影响任何其他剩余条款的有效性和可执行性。
第 20 条 - 弃权;完整协议
我们未能行使或执行本服务条款的任何权利或规定,不构成对此类权利或规定的放弃。
本服务条款以及我们在本网站或与服务相关的任何政策或操作规则构成您与我们之间的完整协议和理解,并约束您对服务的使用,取代您与我们之间任何先前或同时存在的口头或书面协议、沟通和提议(包括但不限于服务条款的任何先前版本)。
对本服务条款的任何解释歧义均不得对起草方不利。
第 21 节 - 转让
未经我们事先书面同意,您不得委托、转移或转让本协议或您在本条款下的任何权利或义务,任何此类尝试均属无效。我们可能在不征得您的同意或通知的情况下转移、转让或委托本条款以及我们的权利和义务。
第 22 节 - 管辖法律
这些服务条款以及我们向您提供服务的任何单独协议均应受eMedicn总部所在管辖区联邦和州或地区法院的管辖并按其法律解释。您和eMedicn同意在上述法院受审,并接受该等法院对您的属人管辖权。
第 23 节-标题
本协议中使用的标题仅为方便起见而设,并不限制或以其他方式影响本条款。
第 24 节 - 服务条款的变更
您随时可以在本页面查看最新版本的服务条款。
我们有权自行决定通过在我们的网站上发布更新和更改的方式,更新、更改或替换本服务条款的任何部分。您有责任定期查看我们的网站以了解变更内容。我们将根据适用法律通知您本条款的任何重大变更,并且此类变更将在通知中指定的日期生效。如果您在本服务条款的任何变更发布后继续使用或访问服务,即表示您接受这些变更。
第25节 - 联系信息
如果您对服务条款有任何问题,请将疑问发送至我们的singyi7@163.com 。
我们的联系方式如下:
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singyi7@163.com
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