Chinamotorway will provide you with the Services for which you register on Chinamotorway website, subject to the terms and conditions of this Agreement. You acknowledge that the Services may be offered in various separately priced service levels or packages ("Service Plans"), and you will only receive the Service Plans that you have registered for, and for which you are paying all associated fees. With respect to free-of-charge Service Plans, the fees referred to in this Agreement will be equal to zero dollars ($0.00). Descriptions of each Service, and the various Service Plans that are available for each Service, are available on Chinamotorway website.

This Membership Agreement (the "Agreement") is a legal contract between you and Chinamotorway. The Agreement governs your purchase and use of the various online website measurements services, whether fee-based or free of charge, offered on Chinamotorway website (each a "Service"). Your use of the Services is conditioned on your acceptance of this Agreement. By using any Service or by checking the acceptance box at the end of this Agreement, you accept and agree to be bound by all the terms and conditions of this Agreement, as well as any additional terms specific to the particular Services for which you register. Since this is a binding legal agreement between you and Chinamotorway.

You may upgrade to a higher service, if available, at any time during the term of this Agreement by completing and submitting Chinamotorway then-current upgrade request form. Upon any such upgrade, you agree to pay the increased fees for that service in accordance with this Agreement. Chinamotorway reserves the right to modify, enhance, or supplement the Services at any time in its sole discretion, provided that those modifications do not materially and adversely affect your rights or obligations under this Agreement.

To sign up for or receive any Service, you must submit or maintain on file with Chinamotorway certain registration data, as requested by Chinamotorway online registration form for the Service. Such registration data shall include, but not be limited to, your name, address, email address, website URLs, credit card number, and other billing information. In addition, you must separately submit an online activation request for each Service you desire to use. Chinamotorway reserves the right, in its sole discretion, to refuse any registration or Service activation request for any reason or no reason, and shall not be obligated to provide any Service to you unless and until it has charged your credit card for the applicable fee. Chinamotorway use of your registration information is governed by Chinamotorway privacy policy.

AS A CONDITION OF RECEIVING ANY SERVICES, YOU PROMISE, REPRESENT, AND WARRANT THE FOLLOWING.

1. All of the registration information you supply to Chinamotorway is true, complete, and accurate, and you will notify Chinamotorway of any changes to your registration data during the term of this Agreement and submit updated information within twenty (20) days of any such changes;
2. You will safeguard your account user name and password by not disclosing your password to any third party, and you will assume responsibility for any and all harm or liability attributable to you or any other person accessing your account or any Services with your user name and password;
3. You will not copy, sell, redistribute, license, sublicense, or otherwise transfer your account, or any materials provided to you in connection with the Services, to any third party without Chinamotorway 's written consent;
4. You will treat any and all consumer information gathered for you or transmitted to you via the Chinamotorway website or Services in accordance with Chinamotorway ’s Privacy Policy;
5. You will comply with all federal laws and regulations governing your actions under this Agreement
6. You have full power and authority to enter into this Agreement and to perform your obligations hereunder.

Without limiting its other remedies, Chinamotorway may refuse or cancel your account or Services at any time for any violation of the foregoing promises. To assure compliance with the criteria in Subsection (b) above, Chinamotorway reserves the right to monitor the content of the web pages or sites that correspond to the URLs you submit to Chinamotorway

You agree to pay Chinamotorway any set-up fees and recurring subscription fees listed on Chinamotorway 's website for the service you select. Completion and submission of any Service activation form authorizes Chinamotorway to charge the credit card specified in your registration for all such fees and any related taxes corresponding to the selected Service. Such charges will be made on a yearly basis. In order to avoid the full fee for any new subscription period, you must cancel the Service BEFORE the new period begins. Any failure to pay the amounts due under this Agreement will be a material breach of your obligations under this Agreement. Without limiting any other remedies available to Chinamotorway, YOU AGREE TO FULLY REIMBURSE Chinamotorway FOR ANY COSTS AND EXPENSES THAT Chinamotorway MAY INCUR IN CONNECTION WITH COLLECTING OR ATTEMPTING TO COLLECT ANY SUCH UNPAID AMOUNTS.

Unless stated otherwise on Chinamotorway web pages applicable to a given Service, each Service will be provided and billed on a yearly subscription basis, measured from the beginning of the calendar month immediately following activation of the given Service. Subscriptions will automatically renew with each annual period, as applicable, until cancelled in accordance with this section. At any time after activation of a Service, either you or Chinamotorway may cancel that Service (or Chinamotorway may discontinue the Service completely) by providing written notice to the other party, in which case the Service will terminate on the date specified in the cancellation notice. If no date is specified, the Service will terminate at the end of the then-current billing period (for paid Services) or calendar month (for free Services). Chinamotorway may cancel the service if you exceed the particular number of monthly pageviews per month as selected during the subscribing process. Chinamotorway also reserves the right to cancel any individual Service immediately and without notice in the event that you breach any provision of this Agreement or any other terms that apply to that Service. NO REFUNDS WILL BE AVAILABLE ON ACCOUNT OF ANY SERVICE CANCELLATION BY EITHER PARTY, EXCEPT AS EXPRESSLY PROVIDED IN THE SECTION ENTITLED "REFUNDS" BELOW.

The term of this Agreement will begin on the date that Chinamotorway accepts your initial registration and will continue in force until terminated according to this section. Upon cancellation of all active Services, or any time thereafter, either party may terminate your account and this Agreement by written notice to the other party. Chinamotorway also reserves the right to terminate your account and this Agreement immediately and without notice in the event that you breach any provision of this Agreement. No refunds will be available on account of any termination of this Agreement, except as expressly provided in the Section entitled "Refunds" below. Sections 10 through 15 of this Agreement shall survive and remain in effect notwithstanding any termination of this Agreement. If this agreement is terminated by us or by you for any reason, you agree to remove our code, logos and trademarks and any other parts of the Service from all of your Web sites and other items.

If you cancel any Service you acknowledge and agree that NO REFUNDS WILL BE ISSUED

You agree and understand that the Services and all graphic designs, icons, Tags, HTML code, computer programming, and other elements incorporated therein are the exclusive property of Chinamotorway. In addition, you acknowledge that Chinamotorway owns all right, title, and interest in and to Chinamotorway 's trademarks, trade names, service marks, inventions, copyrights, trade secrets, patents, technology, software, and know-how related to the design, function, or operation of the Service. Your rights to the Services are strictly limited to the rights expressly granted in this Agreement.

Chinamotorway makes no guarantees of any kind regarding the use or the results derived from any Services in terms of dependability, accuracy, security, timeliness, availability, reliability, or usefulness. The Services and all related materials are provided "AS IS" without warranty of any kind. CHINAMOTORWAY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES AND RELATED MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CHINAMOTORWAY DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES WILL BE SUITABLE FOR YOUR NEEDS OR YOUR INTENDED APPLICATIONS, OR THAT THE SERVICES WILL BE COMPATIBLE WITH OR OPERATE IN THE HARDWARE, SOFTWARE, OR WEBSITE CONFIGURATIONS THAT YOU SELECT.

IN NO EVENT WILL CHINAMOTORWAY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, LOSS OR DAMAGE OF DATA, AND DAMAGE TO BUSINESS REPUTATION, UNDER ANY THEORY OF LAW OR EQUITY, AND WHETHER OR NOT CHINAMOTORWAY IS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.

FURTHERMORE, IN NO EVENT WILL CHINAMOTORWAY 'S TOTAL, CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT RECEIVED BY CHINAMOTORWAY FROM YOU UNDER THIS AGREEMENT. Without limiting the foregoing, Chinamotorway is not responsible for any of your data residing on Chinamotorway hardware. You are responsible for backing-up your data and information that may reside on the Chinamotorway hardware, whether or not such information is produced through the use of the Service.

You agree to indemnify, hold harmless, and (at Chinamotorway.'s request) defend Chinamotorway and its officers, directors, shareholders, and representatives from and against any and all liability, damages, losses, costs, or expenses (including but not limited to attorneys' fees and expenses) incurred in connection with any claim related to (a) your breach of any term, condition, representation, warranty, or covenant in this Agreement; or (b) the information you supply to Chinamotorway or make available to any third party, including your registration data and the content of the web pages corresponding to the URLs you submit to Chinamotorway. This obligation shall survive any termination of your relationship with Chinamotorway.

If you are dissatisfied with any portion of any Service, your sole and exclusive remedy is to cancel your account or your subscription to the given Service according to this Agreement. No refunds are available.

The laws of China govern this agreement. You hereby consent to the jurisdiction of and venue in courts located in the Netherlands in all disputes arising out of or relating to this Agreement or your use of the Services. In addition, you hereby consent to the exclusive jurisdiction of, and venue in, such courts for any action commenced by you against Chinamotorway. The prevailing party in any dispute relating to the Services or this Agreement will be entitled to recover its costs, expenses and reasonable attorney fees incurred in connection with such dispute.

This Agreement, along with Chinamotorway 's other terms, conditions, and policies referenced herein, constitutes the entire agreement between you and Chinamotorway with respect to the Services. To the extent of any conflict between this Agreement and Chinamotorway 's Website Terms of Use, the Website Terms of Use will govern your general use of Chinamotorway 's website, and this Agreement will govern your use of the Services in particular. If any part of this Agreement is held to be unenforceable, that part will be amended to achieve its intended effect as nearly as possible, and the remainder of the Agreement will remain in full force.

No party shall be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond the party's reasonable control, including without limitation, acts of any governmental body or failure of the software or equipment of third parties. Except as provided otherwise herein, any notice given under this Agreement will be made in writing by email and will be effective on the business day after it is sent. You may not assign this Agreement, and any attempt to do so is void. You acknowledge that your account is part of the Chinamotorway network, and, consequently, you will receive periodic announcements and information regarding Chinamotorway 's services. You may request to be removed from the network's news mailing list at any time.

Chinamotorway may include your web site's domain name & logo on its customer lists, testimonials and press releases.

If you have any questions about this Agreement or Chinamotorway 's Services, please contact Chinamotorway. Thank you for choosing Chinamotorway.com to measure your website. We look forward to doing business with you and hope you find our services valuable.