Terms of Service

Terms of Use
Last updated: January 17, 2014

Please read these Terms of Use ("Terms") carefully. By accessing or using the websites, mobile applications or other products or services of Waichinese and our affiliates (collectively, "Waichinese", "we", "us") including Waichinese, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our websites, mobile applications or other products or services ("Services").

We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services or updating the "Last Updated" date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services.

Our Audience

Waichinese is intended for use by people who are 13 years of age or older, and persons under the age of 13 are prohibited from creating Waichinese accounts.

We may, in our sole discretion, refuse to offer the Services to any person or entity. You affirm that you are either more than 18 years of age or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

Usage Data

By using the Waichinese application you agree to let Waichinese collect information about your usage of the application including creating pulses and voting. If you choose to use our "Find Friends" feature, you also agree to let Waichinese upload the address book on your device to our servers where we store this data to sync your contacts and find which of your friends are already Waichinese users. Additionally, we may collect usage information and information about your device such as the model, manufacturer and OS version of device used, MAC (Media Access Control) address, device identifiers, International Mobile Equipment Identity (IMEI), and time-stamped logs of messages sent and received and data exchanges, and network status (WiFi, etc.). For more information about Waichinese's privacy practices, please review our Privacy Policy.

Prohibited Activities

In addition to the other restrictions outlined in these Terms, when using the Services, you agree to not: 1) Use any data mining or extraction methods in relation to the Services; 2) Interfere with or hinder the operation of the Services or any other individual's use of the Services in any way; 3) Inflict or impose any perverse or excessive burden on the Services in any way; 4) Compromise the security of the Services; 5) Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms; 6) Utilize the Services to transmit spam, viruses, bugs or any material that could be considered threatening or unlawful in any way.

Account Security

After opening an account in the Waichinese application (username/password) you accept all responsibility for any activity that occurs while logged into your account. Subsequently, you alone are responsible for making sure that your account information including your username and password is kept secure and safe. In the case that your Waichinese account is compromised, please notify the Waichinese team immediately by visiting http://www.elite-trainer.com/support.

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Fees

Waichinese is a paid service with fees each month based on the number of clients and the amount of file storage used. You agree to pay the associated fees which are calculated on your renewal date. Waichinese reserves the right to discontinue services in the event that payment is not made in a timely fashion. Waichinese reserves the right to discontinue services at any time by giving 60 days notice to you. Waichinese reserves the right to change its fees at any time upon 30 days notice.

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Intellectual Property

Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, illustrations, designs, icons, photographs, video clips, and written and other materials, as well as their selection and arrangement are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and any unauthorized use of this content violates such laws and these terms. Except as expressly provided herein, the Waichinese team does not grant any express or implied rights to use this content. By agreeing to these Terms you agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, any of the content, the Services or any related software, except as expressly provided herein.

Indemnification

By agreeing to these Terms you agree to indemnify, defend and hold harmless Waichinese, our managing members, shareholders, employees, affiliates, licensors and suppliers (the "Waichinese Parties") from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to your use of the Services.

Limitation of Liability

Except where prohibited by law, in no event will Waichinese or the Waichinese Parties be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from 1) the use of, or inability to use, the Services; 2) the provision of the Services or any materials available therein; or 3) the conduct of other users of the Services, even if Waichinese has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against Waichinese for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, Waichinese is found liable to you for any damage or loss which arises out of or is in any way connected with your use of the application or any content, Waichinese's liability shall in no event exceed $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Controlling Law and Severability

These Terms shall be construed in accordance with the laws of the State of California. Any subsequent dispute arising in connection with the Services or these Terms will be settled exclusively in the state/federal courts of the State of California, county of Los Angeles, and/or the Central District of California.

Special Note to International Users

The Waichinese Services are hosted in the United States and are intended for and directed to users in the United States. If you are a user accessing the Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Services, which are governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.

Please be aware that standard text messaging fees apply for mobile number verification. Mobile number verification text messages are sent to a U.S. number—if you are located outside of the United States, your service provider may charge you an international SMS fee. Please contact your mobile service provider with any questions regarding your bill.

Complete Agreement

These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and the Waichinese team.

Questions and Comments

The Waichinese team welcomes any comments, questions, concerns, or suggestions that you might have. Please send feedback to us by visiting http://www.elite-trainer.com/support.