• Welcome to SunSpecs! These Terms of Use ("Terms") govern your access to and use of the SunSpecs website (the "Site"). Please read these Terms carefully before using the Site.
• By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to all of these Terms, you may not access or use the Site.
• Use of the Site 1.1. SunSpecs grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site solely for your personal and non-commercial purposes.
• You agree not to use the Site for any unlawful purpose or in any way that violates these Terms.
• You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
• Intellectual Property Rights
• The content on the Site, including without limitation, the text, graphics, logos, icons, images, audio clips, and software, is the property of SunSpecs or its licensors and is protected by copyright and other intellectual property laws.
• You may not modify, reproduce, distribute, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except as necessary for your personal, non-commercial use.
• Third-Party Content
• The Site may contain links to third-party websites or resources. SunSpecs is not responsible for the content, products, or services available on those websites or resources.
• Any dealings you have with third parties found on or through the Site are solely between you and the third party.
• Disclaimer of Warranties
• The Site is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied.
• SunSpecs does not warrant that the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site is free of viruses or other harmful components.
• Limitation of Liability
• In no event shall SunSpecs, its officers, directors, employees, or agents, be liable to you for any indirect, incidental, special, consequential, or punitive damages, arising from or related to your use of the Site.
• SunSpecs' total liability to you for all claims arising from or related to the Site shall not exceed the amount paid by you, if any, for accessing the Site.
• Indemnification
• You agree to indemnify and hold harmless SunSpecs, its officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to your use of the Site or violation of these Terms.
• Governing Law These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
• Changes to Terms SunSpecs reserves the right to modify or revise these Terms at any time. Your continued use of the Site following the posting of any changes constitutes acceptance of those changes.
• Termination
• SunSpecs reserves the right to terminate or suspend your access to the Site without prior notice or liability for any reason, including if you breach these Terms.
• Upon termination, your right to use the Site will immediately cease, and you must cease all use of the Site and any materials obtained from the Site.
• User Conduct 10.1. You agree to use the Site only for lawful purposes and in a manner consistent with all applicable laws and regulations.
• You agree not to: Use the Site in any way that violates any applicable laws or regulations. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. Attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site. Engage in any conduct that restricts or inhibits any other user from using or enjoying the Site.
• Feedback
• We welcome your feedback, comments, suggestions, and ideas regarding the Site ("Feedback").
• By submitting Feedback to SunSpecs, you acknowledge and agree that SunSpecs may use your Feedback for any purpose without compensation to you.
• Entire Agreement
• These Terms constitute the entire agreement between you and SunSpecs regarding your use of the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
• Severability
• If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms shall remain in full force and effect to the fullest extent permitted by law.
• Waiver
• The failure of SunSpecs to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Dispute Resolution
• Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration.
• The arbitration shall be conducted in accordance with the American Arbitration Association's Commercial Arbitration Rules and, where applicable, the AAA's Supplementary Procedures for Consumer-Related Disputes ("AAA Rules"), as modified by these Terms.
• The arbitration shall be conducted by a single arbitrator, selected pursuant to the AAA Rules.
• The arbitration shall take place in San Francisco, California, unless otherwise agreed by the parties.
• Class Action Waiver
• You agree that any arbitration or court proceeding shall be limited to the dispute between us and you, individually. To the full extent permitted by law, you waive any right to bring any dispute as a class, consolidated, representative, collective, or private attorney general action.
• The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
• Changes to the Site
• SunSpecs reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.
• SunSpecs shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
• Assignment
• You may not assign or transfer these Terms, by operation of law or otherwise, without SunSpecs' prior written consent.
• Any attempt by you to assign or transfer these Terms, without such consent, shall be null and void.
• Governing Law and Jurisdiction
• These Terms and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
• Any legal suit, action, or proceeding arising out of or related to these Terms shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, and you waive any objection to the venue.
• You agree to submit to the personal jurisdiction of such courts and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
• Language
• These Terms may be translated into other languages for your convenience. In the event of any conflict or discrepancy between the English version and a translated version, the English language version shall prevail.
• Amendments
• SunSpecs reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
• By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.
• Waiver and Severability
• No waiver by SunSpecs of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SunSpecs to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
• If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
• User Responsibility
• You are solely responsible for your interactions with other users of the Site and any content that you post. SunSpecs is not responsible for the conduct of any user or for any content posted on the Site.
• You agree to use caution and common sense when using the Site and to abide by all applicable laws and regulations.
• User Content
• By posting or submitting any content to the Site, you grant SunSpecs a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, and create derivative works from such content, in whole or in part, in any format or medium now known or developed in the future, for any purpose.
• You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to authorize SunSpecs to use your content as described herein.
• Third-Party Services
• SunSpecs may from time to time provide third-party services or links to third-party websites that are not owned or controlled by SunSpecs.
• SunSpecs has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party services or websites. You further acknowledge and agree that SunSpecs shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party services or websites.
• Feedback and Suggestions
• We welcome any feedback, comments, suggestions, ideas, or other submissions ("Feedback") you may have about SunSpecs or the Site.
• You agree that SunSpecs may use and share such Feedback for any purpose without compensation to you and without any obligation of confidentiality or attribution.
• Thank you for reviewing our Terms of Use. If you have any questions or concerns, please contact us at [email protected].
• These Terms of Use were last updated on January 30, 2024.