Effective Date: June 2021
The materials available through the Website, including all texts and graphics, are the property of SunStyle, and are protected by copyright, trademark and other intellectual property laws.
You may view, copy and print pages from the Website only: for the purpose of communicating with SunStyle about its products and services or for placing an order with SunStyle, in each case provided that you maintain all copyright, trademark, and other proprietary rights or notices. The Website and any part of it may not be reproduced, copied, distributed, modified, framed, published, used or otherwise exploited for any other purpose without the express prior written consent of SunStyle. All rights not expressly granted herein are reserved to us and our licensors.
Independent Arbitration Agreement
In consideration of and as a condition of your use of the Website you and SunStyle (collectively, “the parties”) agree as follows (the “Arbitration Agreement”):
Applicability; Exclusions; Court and Jury Trial Waiver
Usage of JAMS Streamlined or Comprehensive Arbitration Rules and Procedures; Arbitrator to Decide All Issues; Arbitrator’s Decisions Are Final and Binding
Selection and Authority of Arbitrator; Full Remedies Available; Enforceability
Class and Collective Action Waiver; No Consolidated or Joint Actions
The parties agree that all covered disputes brought against each other will be arbitrated on an individual basis only and not in a class action arbitration, a collective action arbitration, or on any other group, representative, consolidated, or joint basis. The arbitrator shall have no authority to consider or resolve any covered dispute or any claim or issue in a covered dispute on any basis other than on an individual basis and may not proceed or direct the parties to proceed on a class or collective action basis or consolidate or join one or more covered disputes pertaining to you with any other individual’s or entity’s covered dispute(s). The provisions in this Arbitration Agreement mean that both parties waive their right to commence, become a party to, or in any way participate in any class action, collective action, or group or representative action or claim against the other party or in any such action or claim consolidated or joined with another party, with respect to any covered dispute, and each party agrees to opt-out of or be severed from any such action or proceeding.
The parties agree that they shall share equally (each pay one-half) the fees and costs of the arbitrator and the fees and costs of arbitration charged by JAMS; except that: (i) in all cases where required by law, SunStyle will pay the full amount of the arbitrator’s and JAMS arbitration fees and costs; and (ii) where the arbitrator determines that it is appropriate or necessary based on your financial resources, SunStyle shall pay more than one-half, in an amount to be determined by the arbitrator as fair and equitable. Each party shall bear the cost of his/her/its own legal fees and costs, including but not limited to attorneys’ fees and expert witness fees, subject to any right to recover such fees and costs under applicable law, which the arbitrator shall apply where applicable. In rendering an arbitration award, the arbitrator shall apply applicable and appropriate law and shall award all statutory remedies and penalties, including attorneys’ fees and costs to the extent authorized by and consistent with law. The award shall be in writing and the arbitrator shall set forth the essential findings of fact and law. Either party may request that a transcript and/or recording of the hearing be made.
You may be able to register an account on the Website. You agree that the information you provide to us during the registration process and at all other times when you use the Website is accurate, current, and complete, and that you will keep it up-to-date at all times. If you provide any information that is, or that SunStyle has reasonable grounds to suspect is, untrue, inaccurate, not current, or incomplete, SunStyle has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
You are the sole authorized user of any account you create through the Website and are solely and fully responsible for all activities that occur under your account. You may not authorize others to use your accountholder status, and you may not assign or otherwise transfer your account to any other person or entity. If you have reason to believe that your account is no longer secure, you must immediately notify us by contacting us at firstname.lastname@example.org. SunStyle will not be liable for losses, damages, liability, expenses, and fees incurred by SunStyle or a third party arising from someone else using your account regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.
Third Party Distributors, Resellers and Installers
We use third party distributors, resellers and installers to sell and install our products directly to businesses and consumers.
OUR THIRD PARTY DISTRIBUTORS, RESELLERS AND INSTALLERS ARE INDEPENDENT CONTRACTORS OF SUNSTYLE AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS OR FRANCHISEES OF SUNSTYLE. WE DO NOT CONTROL OR DIRECT THE PERFORMANCE OF THE SERVICES THEY PROVIDE. WHILE WE MAY SCREEN OUR THIRD PARTY DISTRIBUTORS, RESELLERS AND INSTALLERS, YOU ACKNOWLEDGE THAT SUNSTYLE IS NOT RESPONSIBLE FOR, AND DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR, THEIR PERFORMANCE. SUNSTYLE MAKES NO GUARANTEES, WARRANTIES OR REPRESENTATIONS REGARDING THE SKILLS OR UNDERTAKINGS OF SUCH THIRD PARTY DISTRIBUTORS, RESELLERS AND INSTALLERS OR THE QUALITY OF THE SERVICES THAT THE THIRD PARTY DISTRIBUTORS, RESELLERS AND INSTALLERS MAY PERFORM FOR YOU.
IF YOU HAVE A DISPUTE WITH ONE OR MORE OF OUR THIRD PARTY DISTRIBUTORS, RESELLERS AND INSTALLERS, YOU AGREE TO WAIVE AND RELEASE SUNSTYLE (INCLUDING SUNSTYLE’S AFFILIATES, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES) FROM ANY CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, THEN WITH RESPECT TO THE FOREGOING WAIVER AND RELEASE, YOU ACKNOWLEDGE AND AGREE THAT YOU WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE § 1542, WHICH STATES:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Security and Restrictions
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Website or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
You agree not to use the Website:
- In any way that violates any applicable federal, state, local or international law or regulation;
- To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability;
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website;
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the materials on the Website;
- Use any manual process to monitor or copy any of the materials on the Website or for any other unauthorized purpose without our prior written consent;
- Use any device, software or routine that interferes with the proper working of the Website; or
- Otherwise attempt to interfere with the proper working of the Website.
Links to third-party content are provided as a service. Providers of these links, including but not limited to our third party distributors, resellers, installers, are responsible for their content; we therefore assume no liability for this external content.
The Website is constantly updated and information may therefore be supplemented, removed or changed without prior notice. No liability will be assumed for the correctness of the publications, data and links.
Photos displayed on sunstyle.com are the property of SunStyle with permission from the property owners and photographers.
Disclaimer and Limitation of Liability
WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. THE WEBSITE IS PROVIDED BY SUNSTYLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUNSTYLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE WEBSITE. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL SUNSTYLE OR OUR AFFILIATES AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF WHATSOEVER KIND ARISING OUT OF ACCESS TO OR USE OF THE WEBSITE, WEBSITE-RELATED SERVICES OR ANY INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE WEBSITE.
Any claims arising in connection with your use of the Website or any products or services purchased through the Website must be brought within one (1) year of the date of the event giving rise to such action occurred.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER SUNSTYLE NOR OUR AFFILIATES, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES ARE RESPONSIBLE FOR THE FITNESS OR CONDUCT OF, OR FOR ANY SERVICES PROVIDED BY, ANY THIRD PARTY DISTRIBUTOR, RESELLER OR INSTALLER. NEITHER SUNSTYLE NOR OUR AFFILIATES, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY THIRD PARTY DISTRIBUTOR, RESELLER OR INSTALLER.
You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Website and any Website-related services, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.
Changes to Terms
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