Acceptance of User Agreement. Welcome to the Sun Cali website. Sun Cali is pleased to provide the information on the Site conditioned upon your acceptance, without modification, of the terms, conditions and notices contained in this Agreement. Sun Cali reserves the right, at its sole discretion, to change, modify, update, add or remove any portion of the Agreement, at anytime without notice to you.
Access to the Site. Sun Cali is providing you with the information and functionality in the Site. You are responsible for providing all equipment necessary to establish a connection to the World Wide Web, access to the World Wide Web, and any telephone or other connection and service fees associated with such access.
Proprietary Rights; Limited License. You acknowledge and agree that the Site and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, "Materials" ) are protected by copyright, trademark, patent or other proprietary rights, laws and other U.S. and international laws and treaties. All Materials are provided by Sun Cali as a service to its current and prospective customers and may be used only for personal informational and product ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you. Those portions of the Site owned by Sun Cali are the copyright of Sun Cali. All rights reserved. This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Site or any of its Materials without our prior written permission; (b)
you may not access or use the Site for any competitive or commercial purpose; and (c) you will not permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. Sun Cali may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Sun Cali.
Eligibility for Use/Not Available to Minors. The Site is available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Site is not available to minors. If you do not qualify, please do not use the Site. Sun Cali or any of its parents, subsidiaries, affiliates, agents or assigns, may refuse the use of, and participation in, the Site to anyone at any time, in our sole discretion.
User Obligations. In consideration of your use of the Site, you agree to provide true, accurate, current and complete information about yourself as prompted and you further agree that you will not use the Site for any purpose that is unlawful or prohibited by the Agreement. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Sun Cali has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sun Cali has the right to refuse any and all current or future use of the Site (or any portion thereof).
Use of Interactive Areas. The Site may contain "Interactive Areas," including chat rooms, bulletin boards, or other message and communications features to which you agree to post only messages or other information that are proper, lawful, and related to the particular Interactive Area. In addition, but without limitation, you may not post content, including without limitation, any ideas, concepts, messages, information, know-how, text, photographs, images or techniques ("User Content") that:
Defames, threatens, or abuses others;
Is racially or ethnically offensive;
Is obscene, pornographic, vulgar, or harmful to children;
Infringes another's rights to intellectual property, publicity, or privacy;
Contains advertisements, promotions, or commercial solicitations;
Contains information intended to assist in the placement of a bet or wager; or
Contains viruses, corrupted files, or any other similar software or programs that may damage
the operation of another's computer.
Sun Cali reserves the rights to review, edit, or delete any User Content you post to this Site and to terminate your access to any Interactive Area at any time without notice for any reason whatsoever.
Submissions to Interactive Areas. You acknowledge that all Interactive Areas are public and not private communications; therefore, any information or User Content you post to an Interactive Area may be read by others. Sun Cali recommends against the posting of any personally identifiable information.
Sun Cali does not endorse or control the User Content, messages or information found in any Interactive Area and, therefore, Sun Cali specifically disclaims any liability with regard to the Interactive Areas and any actions resulting from your participation in them. Interactive Area hosts are not necessarily employees or affiliates of Sun Cali, and their views do not necessarily reflect those of Sun Cali.
Use of User Content. Sun Cali shall be free, but not obligated, to use any User Content you send to the Site for any purpose whatsoever including, but not limited to, use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the User Content, in whole or in part, in any form, media or technology, now known or hereafter developed including, without limitation, broadcast and cable television, radio, mobile transmission, and the Internet, for any purpose whatsoever including, without limitation, advertising, promotion, entertainment or commercial purposes or developing, manufacturing and marketing products using such information, all without any payment to or further authorization by you.
Limits on Liability. Sun Cali will not be liable for:
The contents of any User Content, communication, message, or information posted by you or
other third parties;
The content of any website not controlled, owned, or operated by Sun Cali that is accessed
from or linked to this Site;
The content, services or information provided by any website purporting to be operated by
Sun Cali or its affiliates, but not actually affiliated with, controlled, owned, or operated by
Any damages or injury caused by, including but not limited to, any failure of performance,
error, omission, interruption, defect, delay in operation of transmission, computer virus, or
line failure; and
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE SITE,
EVEN IF SUN CALI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Site Content. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Site, including, without limitation, any third party press releases posted to the Site from time to time. Sun Cali does not endorse or represent the reliability, accuracy or quality of any information, press releases, goods, services or products displayed or advertised on the Site (other than Sun Cali products for which Sun Cali has specifically provided in writing a warranty for such products). Sun Cali also disclaims any duty or obligation to update such content and information. If there is information about companies other than ours in a press release or other information on the Site, such information should not be relied upon as being provided or endorsed by us. We make no representations or warranties, express or implied, with respect to the information provided on this Site, and disclaim all liability in connection with your reliance on any of the information or content provided through the Site.
Colors. We have done our best to display as accurately as possible the colors of the products shown on this website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Links to Third Party Sites. Periodically links may be established from this Site to one or more external web sites or resources operated by third parties ("Third Party Sites"). These links are provided for your convenience only. Providing links to these Third Party Sites by us should not be interpreted as endorsement or approval by Sun Cali of the organizations sponsoring these sites or their products or services. We make no representations or warranties, express or implied, with respect to the information provided on this Site or any Third Party Site which may be accessed by a link from this Site, including any representations or warranties as to accuracy or completeness. Because Sun Cali has no control over Third Party Sites and resources, you acknowledge and agree that Sun Cali is not responsible for the information and contents of such Third Party Sites and does not endorse and is not responsible or liable for any content, statements, representations, advertising, products, services or other materials on or available from such Third Party Sites or resources. You further acknowledge and agree that Sun Cali shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such Third Party Site or resource.
Trademarks. Sun Cali and its affiliated companies retain all rights regarding their trademarks, trade names, brand names and trade dress, including, without limitation, the SUN CALI mark, SUN CALI logo, and [www.suncali.com]. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Sun Cali, and are protected by U.S. and international laws and treaties. All other trademarks are the property of their respective owners. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the Site. Your misuse of the trademarks displayed on the Site is strictly prohibited. You are also advised that Sun Cali will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
No Reproduction or Resale. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
Indemnification. You agree to indemnify and hold Sun Cali, its directors, officers, employees, agents, cobranders or other partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of the Agreement or your infringement of any intellectual property or other right of any other person or entity.
Enforcement. Sun Cali does not assume responsibility to you or others for any failure by Sun Cali to
enforce the provisions contained in the Agreement.
Termination. You agree that Sun Cali, in our sole discretion and with or without notice, may terminate your use of the Site (or any part thereof) for any reason, including, without limitation, for lack of use or if Sun Cali believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. Sun Cali may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of the Agreement may be effected without prior notice, and acknowledge and agree that Sun Cali may immediately bar any further access to the Site. Further, you agree that Sun Cali shall not be liable to you or any third party for any termination of your access to the Site.
General Acknowledgments. You acknowledge that Sun Cali may establish general practices and limits concerning your use of the Site. You agree that Sun Cali has no responsibility or liability for the failure of the Site and the deletion of other content maintained or transmitted by the Site. Sun Cali reserves the right at any time and from time to time to modify, change, suspend or discontinue, temporarily or permanently, the Site (or any part thereof), including the availability of any features of this Site, with or without notice. You agree that Sun Cali shall not be liable to you or to any third party for any modification, change, suspension or discontinuance of the Site. You further acknowledge that Sun Cali reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND INFORMATION AND
MATERIALS IN THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS. WITH RESPECT TO THE SITE AND INFORMATION AND MATERIALS IN THE
SITE, SUN CALI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE
2. SUN CALI MAKES NO WARRANTY THAT (i) THE SITE AND INFORMATION AND
MATERIALS THEREIN WILL MEET YOUR REQUIREMENTS, (ii) THE FUNCTIONS
CONTAINED IN THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-
FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR
INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR
AVAILABLE, (iv) ANY ERRORS IN THE SITE OR INFORMATION OR MATERIALS
THEREIN WILL BE CORRECTED, AND (v) THE SITE AND ITS CONTENTS AND SERVER
THAT MAKES THE SITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER
3. ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM SUN CALI OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE AGREEMENT.
5. IN NO EVENT WILL SUN CALI BE LIABLE TO ANY PARTY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR
USE OF THIS SITE OR ANY THIRD PARTY SITE OR OTHER HYPERLINKED WEB SITES
INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF
REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES
RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF
SUN CALI IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.
6. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR
WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS
WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
7. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR
ENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF SUN CALI
UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE
BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
Governing Law. The Agreement and the relationship between you and Sun Cali shall be governed by and construed in accordance with the laws of the State of Colorado without regard to its conflict of laws analysis.
Waiver. Sun Cali’s failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Sun Cali in writing.
Severability. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the parties should endeavor to give effect to the parties’ intentions as reflected in such provision, and, notwithstanding such finding, all other provisions of the Agreement shall remain in full force and effect.
Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Agreement or use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
Headings. The section headings and sub-headings contained in the Agreement are for convenience only and have no legal or contractual effect.