Terms of Use

EFFECTIVE DATE: July 10, 2024

SHENZHEN COSPRO TECHNOLOGY USA INC (“We” or “CosPro”) is the operator of the website located at www.CosPro-USA.com (or any successor URL) (the “Website”). This Agreement governs your use of the Website and purchase of any products from Shenzhen CosPro Technology USA Inc (collectively the “Products”).

The Website and Products are offered subject to your acceptance of these Terms and Conditions of Use (“Terms”). By accessing the Website, you are signifying that you have read, understand, and agree to be bound by all of the terms and conditions outlined in these Terms. If you do not agree with any part of these Terms, you do not have permission to access the Website or Products. These Terms constitute a legally binding agreement between you and CosPro, and you should read them carefully. By agreeing to these Terms, you also agree to CosPro’s Privacy Policy, plus Order Policy, Return Policy, Shipping and Delivery Policy, and Product Warranty on our FAQs page, each of which is expressly incorporated herein in full by this reference.

THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT. YOU MUST REVIEW THESE TERMS IN THEIR ENTIRETY BEFORE ACCESSING, USING, OR BUYING ANY PRODUCTS THROUGH THE WEBSITE.

The Website and Its Functions

The CosPro-USA website serves as a comprehensive resource for both consumers and wholesalers. It provides the following key functions:

For consumers, the website offers information on where to buy our products from authorized retailers. They are required to register products for warranty claims and can access product support through this website.
For wholesalers, the website provides detailed product information to assist in reselling our products. Resellers can access policies and guidelines on the FAQs page for a clear understanding of our wholesale operations, and they can sign up for our partnership program on the Wholesale Page to join our network of resellers.

By visiting the CosPro-USA website, users can seamlessly navigate through various sections to meet their specific needs, ensuring a smooth and informed experience with our brand.

End User License

CosPro grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited, and revocable license to use the Website for personal use only in accordance with these Terms (“User License”). CosPro does not grant you any other rights whatsoever in relation to the Website or the material contained therein. All other rights are expressly reserved by CosPro . Any use of the Website in any other manner, including, without limitation, resale, reverse-engineering, disassembling, redistribution, transfer, modification, or distribution of the Website or CosPro Content (as defined in the Content Section herein) is strictly prohibited. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Website. You may not copy (except as expressly permitted by these Terms), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable Laws (as defined herein). If you breach any of these restrictions, you may be subject to prosecution and damages.

Right To Change The Website

We reserve the right to modify or suspend the CosPro website, including, but not limited to, any service, content, feature, information, link, or product offered through the website, or to terminate your right to access or use any portion or feature of the website, with or without notice, at any time in our sole discretion. You agree that CosPro shall not be liable to you or to any third party for any modification, suspension, or restriction of the website or any portion thereof. You acknowledge that there is no guarantee of any perpetual continuation of the website or any portion of it, or otherwise to offer any of the products or features or perform any part of the services or features offered through the website at any given time. We make no promise to store or display all of the information and user content you submit and/or post. We have no obligation to provide you with a copy of the information you submit and/or post (except as may be noted in our Privacy Policy or as required by applicable Laws).

User Obligations

By accessing or using the CosPro website, you confirm that you are at least thirteen (13) years old and agree to abide by these Terms. If you are under the age of majority in your jurisdiction, you must have permission from your parents or legal guardians to access the website. You agree to comply with all applicable laws regarding your use of the website and provide accurate information when submitting data. The website is to be used only as permitted by these Terms and not for commercial, political, obscene, illegal, or inappropriate purposes.

When signing up for a partnership or submitting a contact us form, you must provide a valid email address and needed contact information, along with any additional requirements specified by Cospro in the web forms. By submitting your information, you consent to its transmission to CosPro and its partners, who may collect, store, and process it for website functionality, including payment processing.

By submitting your contact information, you agree to receive newsletters and marketing materials, but you may opt-out at any time. You agree to keep your contact information up to date and promptly notify CosPro of any suspected unauthorized use of your account.

CosPro collects non-personal information, such as device identifiers and website usage data, to better understand user behavior and improve the website. Your data and personal information will be retained as necessary to comply with legal obligations, resolve disputes, and enforce agreements. While CosPro employs security measures to protect your information, it cannot guarantee protection against unauthorized access.

What You Agree To Do And Not Do

By accessing and using the CosPro website, you agree to the following terms and conditions:

You Agree To:

Use the website for lawful purposes only.
Provide accurate, current, and complete information when registering products or signing up for accounts.
Respect the intellectual property rights of CosPro and any third parties.
Comply with all applicable local, state, national, and international laws and regulations.
Maintain the confidentiality of your account information and notify us immediately of any unauthorized use or security breaches.

You Agree Not To:

Use the website in any way that could damage, disable, overburden, or impair the site or interfere with any other party's use of the site.
Attempt to gain unauthorized access to any part of the website, other accounts, computer systems, or networks connected to the website through hacking, password mining, or any other means.
Use any automated means, including robots, spiders, or other data mining tools, to access, monitor, or copy any part of the website without prior written consent from CosPro.
Engage in any activity that could harm or mislead other users or violate their privacy and data protection rights.
Upload, post, or otherwise transmit any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, or otherwise objectionable.
Use the website to distribute unsolicited promotional or commercial content, spam, or any other form of unwanted solicitation.
Misrepresent your identity or affiliation with any person or entity.
By adhering to these guidelines, you help maintain a safe and enjoyable environment for all users of the CosPro website.
Involves the use, delivery, or transmission of viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots, or computer programming routines intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or Personal Information.

Content, Products, And Accuracy Of Content Of The Website

The content on the CosPro website, including text, images, graphics, and other materials, is provided for informational purposes only. While we strive to ensure the accuracy, completeness, and timeliness of the information presented, we make no warranties or representations regarding the content's accuracy or reliability.

Content Accuracy - We endeavor to keep the information on our website accurate and up-to-date. However, we do not guarantee that the content will always be accurate, complete, or current. There may be occasional errors, omissions, or discrepancies. Product descriptions, specifications, and prices are subject to change without notice. We reserve the right to correct any errors, inaccuracies, or omissions and to update information at any time without prior notice.

Product Information - The products displayed on the CosPro website are intended for informational purposes and to facilitate purchases through authorized retailers and wholesalers. The availability of products may vary, and not all products shown on the website may be available at all times. We make every effort to accurately represent the colors, features, and details of our products. However, the actual appearance of products may vary due to differences in monitors and display settings.

Third-Party Content - The CosPro website may contain links to third-party websites or content. These links are provided for your convenience, and we do not endorse or assume any responsibility for the accuracy, content, or practices of these third-party websites.

User Responsibility - Users are responsible for verifying any information before relying on it. Any reliance on the content provided on the website is at your own risk. We encourage users to contact our customer support team for any specific product-related questions or for clarification on any content found on the website.

By using the CosPro website, you acknowledge and agree that CosPro is not responsible for any inaccuracies or errors in the content and that it is your responsibility to verify any information before relying on it.

Privacy

We respect the privacy of your information and Personal Information (as defined in our Privacy Policy). Please view our Privacy Policy for more information.

Disclaimer of Warranties And Limitations on Damages

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THE COSPRO WEBSITE, AND ALL CONTENT, PRODUCTS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. CosPro DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE WEBSITE IS CORRECT, ACCURATE, OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE WEBSITE, PRODUCTS, AND THE MATERIALS INCLUDING, WITHOUT LIMITATION, ALL OF THE INFORMATION CONTAINED THEREIN. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL CosPro OR ITS AFFILIATES OR EACH OF ITS AND THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNDER ANY CAUSE OF ACTION WHATSOEVER INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OR OTHERWISE, FOR ANY CLAIM, CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS ARISING FROM OR RELATED TO THESE TERMS, THE PRIVACY POLICY, THE RETURN POLICY, THE SHIPPING AND DELIVERY POLICY, THE PRODUCTS, OR YOUR USE OF THE WEBSITE OR ANY PRODUCTS, including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) YOUR USE OF, RELIANCE UPON, ACCESS TO (OR LACK THEREOF), OR EXPLOITATION OF THE WEBSITE, PRODUCTS, THE MATERIALS OR ANY PART THEREOF; (II) your access to or use of or inability to access or use the WEBSITE; (iIi) any conduct or content of any third party on the WEBSITE; (iV) any content obtained from the WEBSITE; and (v) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. YOUR SOLE REMEDY IS TO CEASE USE OF THE WEBSITE. NOTWITHSTANDING SUCH LIMITATION AND WITHOUT IN ANY WAY INTENDING TO REVISE OR OTHERWISE LIMIT THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL CosPro’s MAXIMUM AGGREGATE LIABILITY TO YOU BE MORE THAN one HUNDRED DOLLARS ($100.00).

NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, THIS DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY DOES NOT APPLY IN NEW JERSEY.

Some other states or jurisdictions do not allow the limitation or exclusion of certain warranties or the exclusion or limitation of certain damages. If you reside in one of these states or jurisdictions, the above limitations or exclusions may not apply to you.

Dispute Resolution by Binding Arbitration and Class Action Waiver

Any dispute relating in any way to your visit to, or use of, the CosPro website, the products, or any purchase or otherwise related to these terms (“Disputes”) shall be submitted to confidential arbitration in Los Angeles, California, USA and shall be governed exclusively by the laws of the State of California, excluding its conflict of law provisions. If a Dispute arises under these Terms, you agree to contact us at legal@CosPro-USA.com (email). Before formally submitting a Dispute to arbitration, you and CosPro may choose to informally resolve the Dispute. If any Dispute cannot be resolved informally, you agree that any and all Disputes, other than those filed in small claims court, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you or telephonically. Either you or CosPro may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties. CosPro will pay all of the filing costs. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of California: (i) any dispute, controversy, or claim relating to or contesting the validity of CosPro’s intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory or other provisional relief; (iii) any legal action by CosPro against a non-consumer; or (iv) interactions with governmental and regulatory authorities. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.

The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable laws, no arbitration under these terms may be joined to an arbitration involving any other party subject to these terms, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise.

YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. You shall have thirty (30) days from the date that you purchase a product or provide information to the website to opt-out of this arbitration agreement. To opt out of arbitration you must contact us in writing at legal@CosPro-USA.com (email). If more than thirty (30) days have passed from the date that you purchased a product, you are not eligible to opt out of arbitration with respect to claims relating to that product. If more than thirty (30) days have passed from the date that you provided information to the website, you are not eligible to opt out of arbitration with respect to claims relating to the website.

Indemnity

You shall defend, indemnify, and hold harmless CosPro, its affiliates, and each of its and their affiliates’ directors, employees, partners, agents, contractors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees and other legal costs, that arise from or relate to (i) your use or misuse of the Website and Products offered on the Website, including, but not limited to, use of any information contained on the Website or websites linked to; (ii) violation of these Terms; (iii) infringement by you or anyone using your account, or any third party submitting User-Generated Content on your behalf, of any applicable Law or intellectual property or other right of any person or entity; (iv) or any User-Generated Content you submit. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

Remedies

In addition to any other available remedies, if you breach any of the terms or conditions listed within these terms, CosPro may immediately terminate these terms and pursue legal action and/or equitable injunctions in order to compensate CosPro for all injuries caused by such breach. You also further agree to forfeit any compensation earned by you in connection with your breach(es) of these terms.

Equitable Remedies

You hereby agree that if the terms of these terms are not specifically enforced, CosPro will be irreparably damaged, and therefore you agree that CosPro shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any of these terms, in addition to any other available remedies. You hereby expressly waive all rights to injunctive relief.

We respect intellectual property rights and will remove or disable access to any material on the Website that infringes any copyright after being properly notified by the copyright owner or the copyright owner’s legal agent. If you believe that any content on the Website violates your copyright, please provide our copyright agent with the written information specified below:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
A description of the copyrighted work that you claim has been infringed.
A description of where the material that you claim is infringing is located on the Website.
Your address, telephone number, and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Team for notice of claims of copyright infringement on the Website can be reached as follows:

Shenzhen CosPro Technology USA Inc

Changes To Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If there are any significant changes, we will notify you in writing before the new terms take effect. The determination of what constitutes a significant change will be made solely by us. By continuing to access or use the Website after any revisions become effective, you agree to abide by the updated terms. If you do not agree to the revised terms, you are no longer authorized to use the Website.

Termination

These Terms and the User License remain in effect until terminated by CosPro, with or without prior notice. Your rights under the User License will automatically terminate without notice from CosPro if you fail to comply with any of its terms or conditions. Upon termination of the User License, you must discontinue all use of the Website. You will no longer have access to the Website upon termination. Any provisions in these Terms intended to survive termination (such as limitations of liability and dispute resolution) will continue to apply. CosPro shall not be liable to you for any termination as described in this section.

Links to Third Party Websites

The CosPro website may contain links to third-party websites, including those from advertisers, sponsors, content partners, and other third parties. However, the presence of any such link on the CosPro website does not constitute an endorsement by us. CosPro explicitly disclaims any responsibility for the content, materials, accuracy of information, or quality of products or services provided by, available through, or advertised on these third-party websites.

Electronic Signatures and Agreements

You acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “PLACE MY ORDER”, “I ACCEPT”, ANY LINK THROUGH WHICH YOU SUBMIT BILLING OR SHIPPING INFORMATION, or such similar links as may be designated by CosPro to accept these terms and conditions, you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable Laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”), YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR PRODUCTS OFFERED BY CosPro. Further, you waive any rights or requirements under any applicable Laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

General Legal Provisions

These Terms are governed by the laws of the State of California, U.S.A., without regard to conflicts of laws principles, as if this were a contract wholly entered into and wholly performed within the State of California. These Terms constitute the entire agreement between you and CosPro and supersede any prior version of these Terms. If any provision of these Terms is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid, the remaining provisions shall not be affected thereby and shall continue in full force and effect. Such provision may be modified or severed from these Terms to the extent necessary to make it enforceable and consistent with the remainder of these Terms. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. All rights not expressly granted herein are hereby reserved. You may not assign your rights under these Terms to any party; We may assign our rights under these Terms without condition. These Terms will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. All rights not expressly granted herein are hereby reserved to CosPro.

If you have any questions about these Terms, the Products, or the Website, contact us via email at support@CosPro-USA.com. However, please be aware that any communication may be lost, intercepted, or altered. CosPro is not liable for any damages related to communications to or from the Website. By providing any information to us through the Website or via email, you agree that:

CosProhas no obligation concerning such information;
The information is non-confidential;
CosPro may use, disclose, distribute, or copy the information and may use any ideas, concepts, or know-how contained in the information for any purpose without compensation (for clarification, all submissions, suggestions, corrections, additions, modifications, etc. you submit are owned outright, solely, and exclusively by CosPro without any consent, approval, notice, or compensation to you);
The information is truthful, and disclosure of the information does not violate the legal rights of others.

Terms of Use

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