Terms of Use

CHINA WAYS LLC

Website Terms of Use Policy

This Website Terms of Use Policy (this “Policy”) is a part of the China Ways LLC (“China Ways”) Agreement between China Ways and the “Customer” who books a tour through this website or visits this website (together with the Service Agreement, Privacy Policy, and all other documents, addenda, schedules and exhibits incorporated therein, collectively, the “Agreement”) governing Customer’s use of the travel booking and tour services provided by China Ways.

In the event of any conflict between the terms of the Agreement and this Policy, the relevant terms of this Policy will prevail. This Policy shall be effective for the duration of the Agreement.

1. Disclaimer of Liability. China Ways is not responsible for any errors in content on this website or for inaccurate information provided by customers to China Ways. Information on the website, including pricing information, is subject to change without notice. Visitors and Customers visit this site at their own risk. China Ways is not responsible for ensuring website compatibility with Customer’s computers or mobile devices. China Ways is not responsible for any cyber attacks or viruses that third parties may attempt to attach to this Website. Customers are responsible for the security of their own electronic devices.
2. Permitted Uses. This website is provided only to assist customers in gathering China tour information, making bookings, transacting lawful business with travel vendors, or making bookings for another person with that person’s consent. The website and services offered through it are offered contingent upon their acceptance of all the terms and conditions of this website.
3. Prohibited Uses. Any acts that are unrelated to the purposes described in Section 2 are prohibited. Specifically, data-mining, hacking, fishing, copying, reproducing content from this website, using this website for unlawful purposes, and using this website for their own commercial purposes, is prohibited. Using another person’s personal information or their account without their permission is prohibited. China Ways reserves the right to cancel any travel reservations for anyone who violates this Section 3, in its sole discretion.
4. Privacy Policy. Please visit our Privacy Policy for information on how China Ways uses data to provide services to Customers.
5. Ownership of Materials. China Ways owns all the content on this website, except materials provided in links to external websites.
6. Governing Law. This Policy is governed by the laws of the United States and the state of Oregon. Use of this website is unauthorized in any place that does not recognize the provisions of this Policy, including this Section 6.
7. Customer’s Warranties. By booking with China Ways, Customer warrants that they are at least eighteen (18) years old and possess the ability to enter into this Agreement and to use the website within the terms and conditions of this agreement. Customer agrees that they are responsible for their use of this website and for the use of their personal information. They warrant that all information supplied by Customer is accurate and true. If they are booking on behalf of another person, Customer will inform the other person of the terms of this Policy that apply to their trip and will ensure the accuracy of the other person’s personal information.
8. Payment Policy. By booking through China Ways, Customer acknowledges that their credit or debit card will be charged at least twenty percent (20%) of the cost of the trip if Customer selects the “Deposit Payment” option and will be charged for the entire cost of the trip at least thirty (30) days prior to the departure date. If Customer selects the “Full Payment” option, Customer acknowledges that they will be charged for the entire cost of the trip at the time of booking. Customer acknowledges that they are responsible for ensuring that their payment information is current and correct. If China Ways is unable to charge Customer, China Ways will cancel that Customer’s reservation. China Ways is not responsible for any additional payment processing or service fees that credit card or debit card users may incur through their financial institution or through China Ways’ payment providers and partners or for any losses, damages or inconvenience due to China Ways canceling Customer’s booking due to an inability to charge the Customer.
9. External websites. China Ways provides links to other websites and does not warrant or guarantee the safety of external websites. External links are provided for Customers’ convenience only. China Ways does not endorse or recommend the services offered by external companies.
10. No warranties. China Ways makes no representations about the suitability of the information, services, or software contained on this website for any purpose. The offering of the services does not constitute an endorsement or recommendation of such services and all information, services, and software are provided “as is” without any warranty. China Ways disclaims all warranties and conditions that this website, servers, payment processing software, and communications with customers, are free of harmful viruses. China Ways disclaims all warranties and conditions related to this information, services, and software, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
11. Choice of Law. This Policy shall be subject to and governed by the laws of the state of Oregon. Any dispute, controversy, or claim arising out of or in connection with or relating to this Policy or any breach or alleged breach hereof, will, upon the request of any party involved, be submitted to, and settled by, arbitration in Beaverton, Oregon, pursuant to the American Arbitration Association rules of arbitration.  Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of the forum, state or federal, having jurisdiction. In the event that neither party requests arbitration, Customer hereby consents to the exclusive jurisdiction of Washington County, Oregon, Circuit Court in any action on a claim arising hereunder.
12. Reviews. By submitting reviews, photos, or similar public feedback, Customer grants China Ways the irrevocable, transferable, non-exclusive right to use, reproduce, adapt, translate, display, or publish their feedback. They agree that their feedback is public, and not confidential or proprietary. By submitting a review, photo, or similar public feedback Customer waives their right to privacy in that feedback. Customer warrants that they have the authority to submit the feedback and that they are not violating another person’s right to privacy by submitting that feedback. They agree that they do not own any “moral rights” to their feedback once submitted and that they have no objection to its use, modification, or publication by China Ways. China Ways, in its sole discretion, reserves the right to refrain from publishing their feedback. By posting feedback they agree to these terms. If Customer does not wish to accept these terms, then please refrain from posting feedback. Customers are responsible for the content of their feedback and are prohibited from posting libelous, defamatory, obscene, pornographic, explicit, violent, or other objectionable material that would violate any law or would infringe on another person’s privacy. Customers are prohibited from posting any content that infringes on the intellectual property rights held by another or posting commercial materials (solicitations, advertisements, marketing, etc.). Customers are solely responsible for any damages resulting from a violation of the above restrictions. Customers agree that China Ways has the right to remove any content submitted by them without notice.
13. Severability. If any part of this Policy is found to be void, the remaining provisions of this Policy will nevertheless be binding with the same effect as those the void parts were deleted.
14. Cooperation with Law Enforcement. This Policy is subject to the laws of the United States and Oregon, and nothing in this Policy limits China Ways’ duty to comply with law enforcement requirements or investigations relating to their use of this website. Customer agrees that they will bring any legal claims arising from the use of this website within two (2) years from the date their claim arose or such claim will be irrevocably waived.
15. Entire Agreement. This Policy constitutes the entire agreement between Customer and China Ways regarding the use of this website, and it supersedes all prior and contemporaneous communications, whether oral, written, or electronic, between China Ways and Customer pertaining to this website.