Terms of Use

The website that links to these Terms is owned or operated by Asian Garden LLC or one of its affiliates (together, “we,” “us,” “our” or “Asian Garden”). Please read our Terms of Use (“Terms”) carefully before using the Site. These Terms set forth the legally binding terms and conditions that govern your access to and use of the website(s) that links to these Terms (the “Site”) and its contents, including graphics, logos, downloads, programs, information, services, and all other materials (collectively, the “Content”).

By using the Site, you accept these Terms which may be updated by us at any time. Your limited right to use the Site is subject to your agreement to abide by these Terms, as well as any other laws, procedures, or policies that govern any portion of the Site. We may revoke your right to use all or any portion of the Site at any time, for any reason.

If you do not agree to any provision of these Terms for any reason, you should not use the Site.

If you have any questions or comments about these Terms, you can call us at (714) 842-8018 or write to us at Asian Garden, LLC, 8907 Warner Avenue, Suite 108, Huntington Beach, CA 92647, Attn: Asian Garden website.

Updates To These Terms

We reserve the right to update these Terms from time to time in our sole discretion. If we update these Terms, we will post the updated Terms on the Site. Any such changes will be effective upon posting. Your continued use of the Site, including any such modifications thereto, shall constitute your acceptance of these Terms of Use and our Privacy Policy, as modified.

Permitted Uses Of The Site And Content

The Site is for your personal, non-commercial and lawful use only. Subject to your compliance with these Terms, you may access the Site and display and use the Content made available via the Site.

We have listed below the permitted uses of the Content by you. We reserve the right to change our permitted uses at any time, as well as to change the Site or delete Content or features in any way, at any time, and for any or no reason. The Content is not necessarily complete or up-to-date. Any of the Content may be out of date at any given time, and we are under no obligation to update such Content.

You may use and print minimal copies of the Content solely for your personal, non-commercial purposes. You may not make more than minimal copies of the Content, exploit any of the Content commercially, forward it as a mass distribution, or post it on another site. You also may not link to the Site without our permission in advance.

You may not extract, copy, or download substantial portions of the Content, such as by a bot, webcrawler, scraper, spider, or other device that “harvests” portions of the Site or any Content or email addresses or contact information or reverse look up, trace or seek to trace any information on any other user of or visitor to the Site to its source. Any copies of the Site pages must not remove any copyright, trademark, or other proprietary notices or other legends. You may not alter or modify the Content in your copies in any way.

Other than as expressly permitted in these Terms, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell, or otherwise exploit the Site or any Content obtained from the Site, for any commercial purpose or enterprise. You may not use the Site, or any Content, for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of an illegal activity or other activity which infringes our rights or the rights of other individuals or entities.

Accounts

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Submissions

We welcome any questions, comments, feedback or other content you choose to submit to us through the Site (including through e-mail links) (“Submissions”). You agree that by making such Submissions to us that such submissions shall be deemed to be non-confidential, and you hereby grant to us, and our successors, affiliates, representatives and agents a perpetual, royalty-free, fully paid-up, irrevocable, transferable, worldwide right and license to use, transmit, copy, reproduce, publicly display or perform, create derivative works of, or otherwise use such Submissions, without compensation, acknowledgement or notice to you. You also represent and warrant to us that you have the necessary permissions and rights to make such Submissions to us.

Prohibited Uses Of The Site And Content

We have the right (but not the obligation) to monitor the Site for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you. You may not link to the Site or display the Site as “framed” within another website. You may not (and may not encourage others to) violate any law, regulation, rule, or the intellectual property, privacy or publicity, or contractual rights of others, or attempt to violate the security of the Site or use or gain access to the identities, personal information, or computers of others, through the Site. You may not provide untruthful or inaccurate information, misrepresent your identity, or conduct any other fraudulent activities on the Site. You may not send through the Site any materials or communications that are unlawful or defamatory, indecent, harassing, or otherwise objectionable in our sole discretion; or interfere with any other party’s use and enjoyment of the Services. You may not transmit any virus, worm, time bomb or similar system interference or corruptant through this Site; or use this Site to engage in any other unauthorized or unwelcome online conduct.

You also agree that you will not take any action that would damage, disable, overburden or impair the Site or use any device or computer software to interfere or attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Site.

We may, without prior notice or warning of any kind, restrict or terminate the access of any and all users to the Site if we reasonably conclude that such restriction or termination is necessary to prevent, or prevent the further spread of, a virus, security breach, or system malfunction of any kind.

We reserve the right to change or supplement our policies as to prohibited uses at any time.

No Reliance, Offer Or Advice

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

The Site may include content provided by third parties. All statements or opinions expressed in these third-party materials, and any and all responses to such materials are the opinions and the responsibility of the third party. These materials do not necessarily reflect the opinion of Northwood. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

In addition, the Content does not constitute an offer to sell or buy any securities and may not be used or relied upon in connection with any offer or sale of securities. An offer or solicitation will be made only through a final private placement memorandum, subscription agreement, and other related documents with respect to a particular investment opportunity and will be subject to the terms and conditions contained in such documents, including the qualifications necessary to become an investor.

You understand and agree that we are not utilizing the Site to provide investment or other advice, and nothing on the Site is to be deemed a recommendation that you buy, sell, or hold any security or other investment or that you pursue any investment style or strategy of any kind. If you would like investment, accounting, tax, or legal advice, you should consult with your own advisors with respect to your individual circumstances and needs.

Intellectual Property

All Content on the Site is our (or our licensors’) property or others, and is protected by copyright and other intellectual property laws. The Site and all Content on the Site, including, without limitation, all graphics, interfaces, features, functions, text, button icons, data compilations, software, code and materials thereon, the “look and feel”, selection and arrangement, design and organization of the Site, trademarks and logos, audio and video clips, are owned by, or licensed to, us. We and our licensors and service providers reserve and shall retain the entire right, title, and interest in and to the Site, including, without limitation, all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms. You shall not (i) remove, delete, alter, or obscure any trademarks or any notices of copyright, trademark, patent or other intellectual property or proprietary rights from the Site, including any copy thereof; (ii) use any of our trademarks, trade names, or service marks in any manner that creates the impression that such names and marks belong to or are associated with you or your affiliates or are used with our consent; or (iii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Site, or any features or functionality of the Site, to any third party for any reason, including, without limitation, by making the Site available on a network where it is capable of being accessed by more than one device at a time. Nothing on the Site shall be interpreted as granting any license or right to use any image, trademark, trade dress, logo, service mark, or any other intellectual property on the Site.

Links To Other Websites

The Site may contain links to, or may be linked from, other websites that are not maintained by us. We do not endorse, have any responsibility for, or make any representations about any other websites, including their products and services, content, communications, and website use policies. We expressly disclaim any responsibility for your access to or use of such other websites. You should review the terms and conditions and privacy policies of any other website that you visit.

Updates And Unavailability

You agree that we have no obligation to provide any updates or to continue to provide or enable any particular features or functionality. You acknowledge that the Site may, from time-to-time, be unavailable due to events like scheduled and unscheduled maintenance, system upgrades, internet outages, and other reasons, some of which are beyond our control. We cannot, and do not, guarantee any specific minimum availability of the Site.

Indemnification

As a condition of your use of the Site, you agree to indemnify and hold us, our affiliates and our respective employees, agents, and representatives harmless from and against any and all claims, losses, liability, fees, costs, and expenses (including, but not limited to, attorney’s fees or other legal fees, costs or expenses) arising from or related to your (or anyone who uses the Site from your account) use of the Site or from your violation of these Terms.

Limitations Of Liability

We shall not be responsible or liable for any damages or injury, including but not limited to direct damages, special or consequential damages, arising out of or related to the use of (or the inability to use) the Site and the Content, or a website linked to the Site, including any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure, or other computer malfunction. We shall not be responsible or liable for any damages or injury, including but not limited to direct damages, special or consequential damages, arising out of or related to submissions or any other information you provide related to your use of the Site. The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including, without limitation, negligence), or otherwise and regardless of whether such damages were foreseeable or we were advised of the possibility of such damages. You agree that any claim or cause of action related to the services and/or these terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Disclaimer

THIS SITE IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT MAKE AND HEREBY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF TITLE OR NON-INFRINGEMENT, WARRANTIES OF NON-INTERFERENCE, DATA ACCURACY, SYSTEM INTEGRATION, AND WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE AS TO THE OPERATION OF THE SITE OR THE INFORMATION INCLUDED ON THIS SITE. WE DO NOT WARRANT THAT THE INFORMATION IN THE SITE IS ACCURATE, RELIABLE, OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE AND RELIANCE UPON ANY OF THE CONTENTS OF THE SITE IS SOLELY AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE THAT WE, IN OUR SOLE DISCRETION, MAY IMMEDIATELY TERMINATE YOUR ACCESS TO THE SITE AT ANY TIME, FOR ANY REASON. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR DELETION OF YOUR ACCOUNT.

International Use

We make no claims that this site is appropriate or lawful for use or access outside the United States. Access to the Site from countries or territories where such access is illegal is prohibited. If you access this website from outside the United States, you do so at your own risk. You are solely responsible for complying with all local laws, rules, and regulations regarding online conduct and website access. Furthermore, our databases are in the United States. By sending us your data, you consent to its transfer to and storage within the United States.

Governing Law And Forum

The laws of the State of California govern these Terms and Conditions without regard to conflict-of-laws principles. Any dispute relating to these Terms or your use of the Site shall be resolved solely in the state or federal courts located in the County of Orange, California. You agree to waive trial by jury in any such action.

Other

These Terms, together with our Privacy Policy, each as may be amended from time to time, constitute the entire agreement between you and us regarding the Site. Neither the course of conduct between us nor trade practice shall act to modify these Terms. These Terms, and any rights and licenses granted hereunder, may not be delegated, transferred or assigned by you, but may be assigned by us without restriction. Any purported delegation, transfer or assignment by you shall be null and void.

Any failure or delay by us in enforcing an obligation or exercising a right under these Terms does not amount to a waiver of that obligation or right or any other obligation or right. If any term or provision of these Terms is deemed illegal or invalid for any reason, such term or provision will be enforced to the maximum extent permitted by law, and, in any event, any such illegality or invalidity shall not affect the validity of the remainder of these Terms.