Terms of Use

By accessing this web site, you the user are bound by the terms and conditions set forth below for your use of the web site. The site and the functions, facilities and services related thereto (“the Site”) are proprietary World Wide Web services operated and maintained by SunGreen Systems, Inc. This Agreement contains the terms and conditions on which SunGreen is willing to permit your use of the Site and you must accept these terms and conditions for use of the Site. Your use of the Site signifies your agreement to the terms and conditions of this User Agreement. If you do not agree with these terms and conditions, you should exit the Site now and not use the Site in the future

1. Users

This Site may be used by you in an individual capacity or as a representative of a business entity. This Site is available only to individuals of the age of majority who can form legally binding contracts under applicable law and your use of this Site is your representation that you satisfy this requirement. You are solely responsible for maintaining the confidentiality of your password/passphrase and account. Furthermore, you are solely responsible for any and all activities that occur under or in connection with your account or which result from access to or use of the Site using your password/passphrase or account. Each user is solely responsible for his or her transmissions.

2. Prohibited Uses

You may not use, download or copy any content on this Web site unless:

a) You use the content solely for personal, informational and non-commercial purposes

b) The SunGreen trademark and copyright symbol and statement set forth on each page of this Web site appears on each downloaded or copied page.

c) No modifications are made to any content. The rights granted to you constitute a license and not a transfer of title. SunGreen reserves the right to revoke the authorization to view, download and print the content available on this site at any time, and any such use shall be discontinued immediately upon written notice from SunGreen. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any content from this Web site in whole or in part without the prior written permission of SunGreen. You may not “mirror” any content contained on this Web site on any other server without SunGreen’s prior express written permission. Any unauthorized use of any content contained on this Web site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Any rights not expressly granted herein are reserved by SunGreen.

d) As a condition of your use of this Web site, you agree that you will not use this Web site or the content contained herein for any purpose that is unlawful or prohibited by these terms and conditions.

3. Trademarks
SunGreen is a registered trademark of SunGreen, and all other product names, service names, slogans, and related logos are trademarks of SunGreen in the United States and other countries. You are not permitted to use these trademarks, or any other SunGreen trademarks, without the prior written consent of SunGreen. All other trademarks, product names, trade names, and logos used within these pages are the property of their respective holders. Use of other company trademarks, trade names, product names and logos or images of the same does not necessarily constitute: (1) an endorsement by such company of SunGreen and its products, and (2) an endorsement of the company or its products by SunGreen.

4. Disclaimer

While every effort is made to ensure the accuracy of content offered on these pages, SunGreen shall have no liability for errors, omissions or inadequacies in the content contained herein or for interpretations thereof. This Web site could include inaccuracies or out-dated content and is subject to change at any time without notice. Your use of this Web site is at your own risk. You agree to hold SunGreen harmless from and not sue SunGreen for any claims based upon using this Web site. THE CONTENT, DOCUMENTATION, PRODUCTS, AND SERVICES CONTAINED ON THE SUNGREEN WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. SUNGREEN AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES RELATING TO THE CONTENT, DOCUMENTATION, PRODUCTS, AND SERVICES CONTAINED ON THE SUNGREEN WEB SITE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS. SUNGREEN AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF SUNGREEN OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5. Indemnification

You agree that SunGreen, its subsidiaries, officers and employees, will not be held responsible for any third party claim, demand, or damage, including reasonable attorneys’ fees, arising out of your use of the Site.

6. Export Control Laws

Export of any information from this Site is subject to all United States Export Control laws. No content from this Site may be downloaded or otherwise exported in violation of these or any other laws.

7. Amendment to User Agreement

SunGreen has the right to amend this User Agreement at any time by posting the amended User Agreement on this Site. The amended User Agreement will be effective on the date specified in the posting. Your use of the Site following the effectiveness of any notice of amendment will indicate your acceptance of the amended User Agreement.

8. Governing Law and Jurisdiction

This User Agreement and all other aspects of your use of the Site shall be governed by the laws of the State of California, without regard to its conflicts of laws principles. The parties submit to the jurisdiction of and agree that all claims and disputes arising out of this User Agreement or your use of the Site shall be submitted to and resolved by binding arbitration in Redwood City, California pursuant to the rules of the American Arbitration Association, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or SunGreen may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of you or SunGreen pending the completion of arbitration.

9. Entire Agreement

This User Agreement and all materials incorporated by reference constitute the entire understanding between you and us with respect to your rights and obligations as a user of the Site. If any provision of this User Agreement is held to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall be enforced. The failure by SunGreen to enforce any provision of this User Agreement at any time is not a waiver of any provision or right.

10. Links to Third-Party Sites, Advertisers and Promotions

a) The links included within this Site may allow you leave the Site and visit third party sites. These third party sites are not under the control of SunGreen. SunGreen will not be responsible for the contents of any third party site nor is SunGreen responsible for the functionality of any third party site. SunGreen provides links between our Site and third party sites to you strictly as a convenience. A link’s inclusion in this Site does not constitute an endorsement the site or its operators or of the goods or services provide by or accessed through said site.

b) Any promotions sponsored by advertisers on the Site or your dealings with said advertisers are matters solely between you and that advertiser or third party. SunGreen will not be responsible in whole or in any part for any such connections or dealing with advertisers, third parties or their promotions.