Terms of Use and Privacy Policy

Last revised July 27, 2012

At ChinaFolio.com (“we”, “us” or “our”) share your concern about the protection of your personal information online. This Terms of Use and Privacy Policy (“Policy”) is our policy regarding your use of the ChinaFolio.com website (the “Site) and our policy formaintaining the privacy of personal information we collect online in connection with the Site.

This Policy sets out your obligations and ours with respect to your use of the Site and, byusing the Site, you agree to abide by the terms of this Policy.

We may need to change the Policy from time to time in order to address new issues andreflect changes on the Site or in the law. We reserve the right to revise or make any changes to the Policy and your continual use of the Site subsequent to any changes tothis Policy will mean that you accept such changes. Therefore, please bookmark thispage and review it periodically to assure familiarity with the most current version of the Policy. You can tell that the Policy has been updated by checking the last revised date posted on the top of this page.

BY USING THE SITE, YOU CONSENT TO OUR USING ANY INFORMATION THAT YOU PROVIDE TO US OR THAT WE COLLECT, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS POLICY. IF YOU DO NOT AGREE TO THIS POLICY, DO NOT USE THE SITE.

Information We Collect and Track. We may collect and retain certain types of information about Site visitors, including: (i) personal information that individual visitors provide when interacting on the Site, or voluntarily at certain other points (such as via forms, applications or emails); and (ii) tracking data, which is automatically collected from every Site visitor (collectively, “Information”). In addition, if you contact us, we may keep a record of your correspondence, including any Information contained therein.

The personal information we may collect includes, without limitation, Information regarding your name, mailing address, URL, e-mail address or phone number and other data you voluntarily submit via the Site.

The tracking data we may record includes, without limitation, Information regarding the number and frequency of users to the Site, the websites that users access before and after they visit the Site, the internet software used by our users to access the Site, the type of operating system you are using and our users’ IP addresses and internet service providers. We may set and access “cookies” on your computer: A cookie is a piece of data stored on your hard drive by your browser containing information about you and once you close your browser, the cookie terminates. Due to the nature of the internet, it is not always feasible to aggregate tracking data and it may be traceable back to you.

How We Use Your Information. The Information that we may collect and that you provide to us is used for our business purposes and the purpose for which you provided it, including, without limitation, to respond to your requests or correspondence. The Information may also be analyzed so that we can serve you in the best manner possible on our Site through enhanced features and functions and to provide you with useful information.

Other than the foregoing, we will not disclose any personal information to third parties without your permission, except (i) to parties who perform service for us; (ii) when we believe that such disclosure is required by law, regulation, decree, judgment, order, subpoena or any other governmental order (“Order”) without any obligation to contest or verify the accuracy of such Order; (iii) to enforce this Policy; (iv) to protect our rights, property, security or safety, Site users or the public; (v) to respond to an emergency; or (vi) as otherwise stated in this Policy.

We may use tracking data for a variety of purposes to offer you better service, including, without limitation, to understand Site usage, improve content and offerings on the Site, analyze trends, administer the Site, track user’s movement and gather broad demographic information for aggregate use.

Third Parties. We may employ third-party agents or third-party service providers to operate the Site and to perform functions on our behalf, such as sending postal mail and e-mail and analyzing data or other administrative tasks. These third-parties have access to the Information needed to perform their functions. We cannot be responsible for such third-parties’ use of Information not in compliance with this Policy.

In addition, we may disclose Information to certain third-parties if you have requested or authorized the disclosure of such Information.

Transfer of Information to Third Parties Upon a Sale or Change of Control. We retain the right to transfer or assign all Information pursuant to a merger, purchase or other transaction relating to ChinaFolio.com or our assets.

Links to Third-Party Sites. The Site may contain links to sites owned and operated by other parties. We are not responsible for and have no control over the terms of use and privacy policies of those sites. We encourage you to review the policies of those sites prior to providing them with any information.

Ownership of Content. All text, images, graphics, sounds and software code (“Content”) on the Site are copyrighted property of ChinaFolio.com, its affiliates or others. No part of the Content may be placed in the public domain. You may not reproduce, redistribute, publish, change or otherwise use by electronic or any other means any of the Content without our prior written consent. You shall use the Site for permitted, lawful, personal uses only and not to increase traffic to other websites.

Trademarks. ChinaFolio and any associated logos used on the Site are the trademarks and/or service marks of ChinaFolio.com or its affiliates. They may not be used or displayed without our prior written consent. All other trademarks, service marks and company names and logos appearing on the Site are the property of their respective owners.

Site Directed at United States Visitors. The Site is targeted at and intended for users residing in the United States. Given the global nature of the internet, the Site may be accessed by users residing outside of the United States. We make no representations or warranties that the Site is appropriate or available for use in countries outside of the United States. Users who choose to access the Site from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.

Children Under 18. Children are not eligible to use our Site. If you are under 18, you can use this Site only in conjunction with your parents or guardians.

Limitation of Liability. ChinaFolio.com its affiliates, officers, agents, partners and employees shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the Site and services or resulting from any information or services obtained or messages received or transactions entered into through the Site or resulting from unauthorized access to or alteration of your transmissions of data, including but not limited to, damages for loss of profits, use, data or other intangibles, even if we have been advised of the possibility of such damages.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

If you are dissatisfied with any portion of the Site, or with any of the terms of this Policy, your sole and exclusive remedy is to discontinue using this Site.

Arbitration and Applicable Law. This Policy will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. A material part of this Policy is the agreement to arbitrate any disputes. Any and all disputes relating to this Policy, with the exception of copyright, including its validity, interpretation, performance, breach or other matter shall be settled by arbitration in New York City pursuant to the rules of the American Arbitration Association. The decision of the arbitrator shall be binding on all parties, and the highest court having competent jurisdiction may enforce any award rendered by the arbitrator. You agree that the arbitrator shall have full authority to award all costs of the arbitration including legal fees, plus interest on any award. You agree that any action at law or in equity that arises out of or relates to any copyright issue related to the Site will be filed only with the United States District Court Southern District of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

How to Contact Us. Please contact us at [email protected] if you have any questions or concerns regarding the Site or this Policy.