Please read these Terms carefully. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, please exit the Site now.
You are responsible for reviewing these Terms regularly. We may modify the Terms from time to time, at our sole discretion, by posting updates to the Terms on the Site. Your continued use of the Site constitutes your acceptance of any modifications to the Terms.
The Terms are in addition to any other terms and conditions that may apply to our mobile application, Account Home website, and/or our products and services. Where appropriate, please review those separate terms and conditions. In the event of a conflict between these Terms and any specific terms and conditions that you may receive, the specific terms and conditions will govern.
The Site is not intended for, and should not be used by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.
This Site is not intended for, and should not be used by, any person under 13 years of age.
The Site and any content, materials downloaded, and intellectual property pertaining to or contained on the Site (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by Sunbit or third parties; all rights, title, and interest therein shall remain the property of Sunbit and/or such third-party owner, as applicable. All content is protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws.
You are authorized solely to view and retain a copy of pages related to the Site for your own use. You may also view and make copies of relevant documents, pages, images, or other materials on the Site for the purpose of transacting business with Sunbit. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Site, or any portion thereof, for any public or commercial use, without the express written consent of Sunbit. Additionally, you agree that you (i) will not remove or alter any author, trademark, or other proprietary notice or legend displayed on the Site (or printed pages produced from the Site), and (ii) will not make any other modifications to any documents obtained from the Site other than in connection with completing information required to transact business with Sunbit.
Use of Information and Materials
The information and materials contained on the Site and the Terms, policies, and descriptions that appear on the Site are subject to change. You accept sole responsibility for your use of the Site. Your use of the Site is limited to the intended function of the Site. Unauthorized use of the Site and systems, including but not limited to unauthorized entry into Sunbit’s systems or misuse of any information posted on the Site, is strictly prohibited. You may not use the Site in a manner that:
- is unlawful, fraudulent, or deceptive;
- uses technology or other means to access content or systems of Sunbit in a manner that is not authorized by Sunbit;
- uses or launches any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access content or systems of Sunbit;
- attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
- attempts to gain unauthorized access to Sunbit’s computer network or user accounts;
- encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
- violates these Terms or any other Sunbit policies;
- attempts to damage, disable, overburden, or impair Sunbit’s servers or networks; or
- fails to comply with applicable third-party terms.
The site, including all content, information, materials, links, and other items provided by Sunbit or by third parties, is provided “As is”, “As available,” and without warranty, either express or implied, including but not limited to, the warranties of non-infringement of third-party rights, title, merchantability, and fitness for a particular purpose. Sunbit does not warrant the accuracy, adequacy, or completeness of the site and expressly disclaims liability for errors or omissions in the site or content, information, materials, links, and other items provided by Sunbit or by third parties. You acknowledge and agree to use the site at your sole risk and that Sunbit cannot guarantee and does not warrant that your access will be uninterrupted, timely, secure, or error-free, or that the site will be free of computer viruses.
LIMITATION OF LIABILITY
In no event will Sunbit be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses, or expenses arising in connection with the site or your use thereof or inability to use by any party or direct or indirect, special, incidental, or consequential damages, losses, or expenses arising in connection with any failure of performance, error, omission, interruption, delay in operation or transmission, computer virus, line or system failure, loss of data, or other defect related to the site, even if Sunbit or our representatives are advised of the possibility of such direct or indirect, special, incidental, or consequential damages, losses, or expenses.
Any information submitted to Sunbit via the Site shall be deemed and remain the property of Sunbit, and Sunbit shall be free to use, for any purpose, any idea, concept, know-how, or technique contained in the content that a visitor to the Site provides Sunbit through the Site. Sunbit shall not be subject to any obligations of confidentiality regarding information submitted, except as may be expressly agreed in writing by Sunbit, or as otherwise, specifically required by law.
System Outages, Slowdowns, and Capacity Limitations
At times you may experience difficulty accessing the Site or communicating with Sunbit through the Internet or other electronic wireless services as a result of high Internet traffic, transmission problems, systems capacity limitations, or other problems. Any computer system or other electronic device, whether it is yours, an Internet service provider’s, or Sunbit’s, can experience unanticipated outages or slowdowns or have capacity limitations. Sunbit makes no warranty whatsoever to you, express or implied, regarding the availability of the Internet or data service to a mobile device.
Protecting Your Devices and Account
Sunbit makes no warranty whatsoever to you, express or implied, regarding the security of the Site, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Site. You acknowledge and agree that you are solely responsible for maintaining the security of your devices. Sunbit is not responsible for any losses resulting from the loss or theft of your device or the loss or theft of your information transmitted from or stored on your devices.
Governing Law and Disputes
The Terms are governed by and construed in accordance with the laws of the State of California, without regard to principles of conflicts of law, which would result in the application of the laws of another jurisdiction. The federal district court for the Central District of California has general jurisdiction and will be the exclusive venue for litigating any claims, actions, or proceedings related to the Online Services, Terms, or any other Sunbit policies or terms and conditions. Any such cause of action you may have must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action shall be barred.
If any provision of the Terms shall be deemed unlawful, void, or unenforceable for any reason, then such provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Sunbit’s failure to enforce the strict performance of any provision of the Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of the Terms.
Any questions, complaints, or claims regarding the Site should be directed to: Sunbit, Inc. Attention: General Counsel, PO Box 24010, Los Angeles, CA 90024
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