THE DATASETS AND WEBSITES (INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MODIFICATIONS OF ORIGINAL DATASETS POSTED ON THE WEBSITES) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY
DISCLAIMED. WITHOUT LIMITING THE FOREGOING, LOTVS DOES NOT WARRANT THAT: (A) THE CONTENT OR MODIFICATIONS TO THE DATASET ARE TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT IN THEIR POSTED FORMS AT THE WEBSITES; (B) THE WEBSITES
WILL BE SECURE; (C) THE WEBSITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (D) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (E) THE WEBSITES, CONTENT OR ANY MODIFICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
OR (F) THE RESULTS OF USING THE WEBSITES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITES, THE DATASETS, AND ANY CONTENT IS SOLELY AT YOUR OWN RISK.
Limitation of liability
IN NO EVENT SHALL LOTVS AND ITS AFFILIATES, OR THEIR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR SUPPLIERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE WEBSITES, THE DATASETS,
OR ANY CONTENT OR USER SUBMISSIONS (I) FOR ANY DIRECT DAMAGES, OR (II) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
Dispute Resolution
You and LOTVS agree that any cause of action arising out of or relating to the Datasets must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred.
These Terms of Use shall be governed by and construed in accordance with the laws of China (excluding its conflict of laws rules). All disputes under these Dataset Terms will be resolved in the courts of China.
Integration and severability
This Agreement is the entire agreement between You and LOTVS with respect to the Datasets and use of the Websites and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between
You and LOTVS with respect to the Websites (but excluding the use of any third-party software, widgets, and applications that may be subject to a separate end-user license agreement). If any provision of the Dataset Terms is found
to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Dataset Terms will otherwise remain in full force and effect and enforceable.
Miscellaneous
Motional may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Dataset Terms and neither party
has any authority of any kind to bind the other in any respect outside the specified terms of this Agreement. In any action or proceeding to enforce rights under the Dataset Terms, the prevailing party will be entitled to recover
costs and attorneys ' fees.
You agree that it is solely Your responsibility to comply with all applicable laws with regard to Your use or publication of the Datasets, including any applicable privacy, data protection, security, and export laws. You agree to take
reasonable steps to assist LOTVS in fulfilling responsibilities to comply with applicable laws with regard to use or publication of Datasets.