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NOTICE TO USER:
PLEASE READ
THIS AGREEMENT CAREFULLY! THIS IS A CONTRACT. YOUR USE OF THIS
WEBSITE, AND WILL INDICATE YOUR ACCEPTANCE AND BIND YOU TO ALL OF
THE TERMS, CONDITIONS, LIMITATIONS, AND DISCLAIMERS CONTAINED HEREIN.
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- Definitions.
This SUNTRON Corporation, ("SUNTRON") Terms and Conditions
of Use accompanies the SUNTRON Website ("Website").
The term "Website" as used in the remainder of this
Agreement shall refer to SUNTRON's interactive presence on the
Internet. "You" and "Your" as used in the
remainder of this Agreement refers to the user of the Website.
- Changes
to this Agreement. This Agreement and other documents which
are incorporated into this Agreement can and do change from time
to time, and may change without prior notice, so it is important
that You review this document periodically in order to assure
Your continued compliance with the terms upon which Your use of
the Website and the information and services provided therein
are conditioned. You must read this Agreement carefully before
indicating acceptance. By continuing to use the Website, You will
be deemed to have agreed to this entire Agreement and have affirmatively
assented to be bound by its Terms and Conditions. If you do not
agree with any of the below Terms and Conditions, do not use the
Website. If at any time you have any questions or doubts as to
whether your use may be in contravention of the terms stated herein,
please contact SUNTRON via email at ir@suntroncorp.com.
- Privacy
Statement. SUNTRON has an extensive Privacy
Policy published on its Website, the terms of which are incorporated
into this document by reference. The SUNTRON Privacy Policy sets
forth specific rights and responsibilities, therefore it is very
important for you to read this document carefully to understand
the rights and responsibilities of all parties.
- Intellectual
Property and Copyright Infringement Notice. This Website and
controlled and operated by SUNTRON Corporation, 2401 W. Grandview
Rd., Phoenix, AZ 85023. All materials on this Website including,
but not limited to, images, text, illustrations, audio and video
files (collectively "intellectual property"), are owned
or licensed from third parties by SUNTRON and subject to federal
laws governing the protection of copyrights, trademarks, service
marks, and other proprietary rights. Material from the Website
and toolbar and from any other Website or toolbar owned, operated,
controlled, or licensed by SUNTRON may not be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in
any way. Use or modification of SUNTRON's intellectual property
in any form, including but not limited to use on any other Website
or networked computer environment, without express written authorization
is a violation of SUNTRON's intellectual property and proprietary
rights and is strictly prohibited. Notifications of any unlawful
conduct, including, without limitation, copyright or other intellectual
property infringement should be sent to SUNTRON' Designated Agent
at the following e-mail address: ir@suntroncorp.com.
- Linking
Sites. SUNTRON has no control over and is not responsible
for the content of or claims made on sites that may be linked
to or from the Website or toolbar, whether or not they may be
affiliated with SUNTRON. Any sites linked to or from this Website
are for Your convenience only and You access them at Your own
risk. SUNTRON does not warrant or make any representations regarding
the availability, quality, or performance of the materials, goods,
or services linked to or advertised by SUNTRON 's participating
businesses or advertising partners or promoted in conjunction
with SUNTRON 's programs.
- Intellectual
Property. The following trademarks and/or service marks are
the property of SUNTRON. [Suntron]. Other trademarks appearing
on the Website may be owned by third parties. SUNTRON's trademarks
may be used publicly only with the express written permission
of SUNTRON. The design, layout, and "look and feel"
of the Website, and all other sites owned, operated, licensed,
or controlled by SUNTRON or its subsidiaries, are protected as
trade dress and may not be copied or imitated in whole or in part.
No logo, graphic, sound, image, or animation from any SUNTRON
website may be copied or retransmitted unless expressly permitted
by SUNTRON. All materials on the Website are subject to copyright
protection under U.S. law, as well as international treaties and
the copyright laws of other countries. SUNTRON's materials may
not be reproduced, copied, distributed, adapted, displayed, edited,
published, transmitted, or downloaded in any way without SUNTRON's
express written permission. Permission to use documents from the
Website is granted, provided that (1) the following copyright
notice appears in all copies: "© SUNTRON 2002-2006, all rights
reserved"; (2) use of such documents from the Website is
for informational and non-commercial or personal use only and
will not be copied or posted on any network computer, broadcast
in any media, or otherwise published, and (3) no modifications
of any documents are made. Use for any other purpose is expressly
prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent
possible. All rights not expressly granted herein are reserved
by SUNTRON.
- Anti-Spam
Policy and Acceptable Use. By using the Website, You acknowledge
that irreparable harm is done to SUNTRON's quality of service,
trademarks, business goodwill, and corporate reputation, if SUNTRON
is caused to be associated with Internet abuse by You or Your
agents in violation of these policies. While You are strongly
encouraged to refer friends, family, colleagues, and others to
use the Website, You are required to do so through methods that
are consistent with the terms and conditions of Your own Internet
service provider as well as prevailing standards of acceptable
Internet use and behavior. In particular, You may not use the
Website, or SUNTRON's services, name, trademarks, or other intellectual
property in conjunction with the sending of unsolicited email,
or cause to be used SUNTRON's equipment, network connectivity,
or other resources to originate, deliver, relay, or otherwise
transmit unsolicited email messages. You may not engage in any
of the foregoing prohibited activities by using the service of
any other provider, third-party agent, remailing service, or address
forwarding service, in such a way that SUNTRON's network addresses
or SUNTRON-hosted web or email services are in any way identified
as being associated with the sending of unsolicited email. Other
prohibited methods of advertising or promoting Your involvement
with SUNTRON include, but are not limited to, multiple postings
of messages to Usenet newsgroups, mailing lists, chat rooms (including
IRC, AIM, ICQ, or other interactive chat services) or other online
forums. Reports of "spamming" or similar inappropriate
behavior should be reported to webmaster@Suntron.com.
- SUNTRON
Community Acceptable Use. You agree not to post, upload or
transmit to the Website or to SUNTRON's servers any communications,
text, graphics or other information (collectively, "Material")
that: is obscene, fraudulent, or indecent; defames, abuses, harasses
or threatens others; contains any viruses, Trojan horses, worms,
time bombs, cancelbots, or other disabling devices or other harmful
components intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information;
advocates or encourages any illegal activity; infringes upon the
copyright, patent, trademark, trade secret, right of publicity
or other intellectual property or proprietary right of any third
party; violates the privacy of individuals, including other users
of the Website; or violates any applicable local, state, national,
or international law. SUNTRON in its sole discretion shall determine
Your compliance with the foregoing, and reserves the right to
delete without prior notice any material that it deems to be non-complying
or otherwise objectionable for any reason. SUNTRON may take any
action with respect to such material if SUNTRON believes, in its
sole discretion, that the material may create liability for itself
or any third parties or may cause SUNTRON to lose (in whole or
in part) the services of its Internet Service Providers, vendors
or advertisers. SUNTRON strictly prohibits the use of its name,
software, toolbar, Website, equipment, services, or other resources
through the SUNTRON Community to intentionally damage any individual
or entity in any way. Willfully malicious conduct in violation
of law, statute, or generally accepted ethical or technical standards
is prohibited. You understand and agree that SUNTRON will cooperate
with legal authorities and/or injured parties in the investigation
of any civil or criminal action. Prohibited activities include,
but are not limited to conducting, promoting, aiding, or encouraging:
the conduct or promotion of illegal or deceptive schemes or programs;
harassing or threatening to do harm to persons or property; making
fraudulent representations regarding products or services; exceeding
or attempting to exceed Your authorized access to the Website;
and making unauthorized copies of copyrighted material.
- Your Obligation
to Provide Accurate Information. You must provide SUNTRON
with valid contact and residence information and may not impersonate
or misrepresent Your identity. SUNTRON reserves its rights under
the law to terminate Your account, and associated membership,
containing untruthful information for which You are responsible.
- Compliance
with Laws. You agree to comply with all of Your local, state,
province, country or regional legal restrictions that may be applicable.
- Termination
of Accounts. To the full extent allowed by applicable law,
SUNTRON at its sole discretion and for any or no reason may refuse
to accept applications for membership or may deny access to the
Website, and may terminate any Members without prior notice for
any reason, particularly including, but not limited to: (a) any
violation of any provision of this Agreement; (b) acting in a
substantially unlawful manner in relationship to SUNTRON or the
Website; or (c) any other reason at the sole discretion of SUNTRON.
- Your Relationship
with Advertisers. Your individual relationship with merchants
or advertisers found on the Website, including payment for and
delivery of related goods or services, entry into and operation
of promotions, discounts or contests, and any other terms, conditions,
warranties or representations associated with such dealings, are
solely between You and such merchant or advertiser. You agree
not to hold SUNTRON liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of
the content provided by such merchants or advertisers through
the Website.
- Disclaimer
And Limitation Of Liability. THE SERVICES, INFORMATION, CONTENT,
OR OTHER DATA OF ANY KIND OR NATURE MADE AVAILABLE ON THE WEBSITE
(COLLECTIVELY, "INFORMATION") ARE PROVIDED "AS
IS", AND ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS
OR IMPLIED ARE DISCLAIMED, INCLUDING WITHOUT LIMITATION, WARRANTIES
OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. SUNTRON MAKES NO WARRANTY, REPRESENTATION OR GUARANTY
AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS
OF THE WEBSITE OR THE INFORMATION OR THAT THE INFORMATION MAY
BE RELIED UPON FOR ANY REASON. SUNTRON MAKES NO WARRANTY, REPRESENTATION
OR GUARANTY THAT USE OF THE WEBSITE OR THE INFORMATION WILL BE
UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE OR THAT ANY DEFECTS
CAN BE CORRECTED. IN NO EVENT SHALL SUNTRON BE LIABLE FOR ANY
SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION
OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT
OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR THE INFORMATION,
EVEN IF SUNTRON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU LIVE IN A STATE WHOSE LAWS PREVENT YOU FROM TAKING FULL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE, SUNTRON'S
LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. YOU
INDEMNIFY AND HOLD HARMLESS SUNTRON, AND ITS OFFICERS, DIRECTORS,
EMPLOYEES AND AGENTS, FROM, AGAINST AND IN RESPECT OF ANY AND
ALL DEMANDS, CLAIMS, ACTIONS OR CAUSES OF ACTION, LIABILITIES,
LOSSES, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING
OUT OF OR RELATING TO ANY BREACH BY YOU OF ANY COVENANT, REPRESENTATION
OR WARRANTY MADE UNDER THE TERMS AND CONDITIONS, INCLUDING, WITHOUT
LIMITATION, ANY CLAIMS THAT YOUR MATERIAL VIOLATES THE INTELLECTUAL
PROPERTY RIGHTS OF ANY THIRD PARTIES. YOU AGREE TO INDEMNIFY SUNTRON
AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS,
PARTICIPATING BUSINESSES, AND AFFILIATES FROM AND AGAINST ANY
AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS, OR EXPENSES,
INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM YOUR BREACH
OF ANY OF THE PROVISIONS OF THIS AGREEMENT.
- Jurisdiction
and Choice of Law. This agreement shall be governed by, construed
and enforced in accordance with the laws of the State of Arizona,
as it is applied to agreements entered into and to be performed
entirely within such State. Any action You bring to enforce this
agreement or, in connection with, any matters related to this
Website shall be brought only in either the state or Federal Courts
located in the State of Arizona, and You expressly consent to
the jurisdiction of said courts.
- Force
Majeure. SUNTRON will not be in default or otherwise liable
for any delay or failure in its performance under this Agreement
where such delay or failure arises by reason of an Act of God,
or any government or governmental body, acts of war, the elements,
strikes or labor disputes, power or system failures, failure of
the Internet, computer hacking, or other causes beyond the control
of SUNTRON.
- Assignment
and Succession. You may not grant, devise, or otherwise assign
any rights or benefits under this agreement to any other party.
Notwithstanding any other provision of this agreement, SUNTRON,
its successors and assigns may fully enforce any term or provision
of this agreement, and all rights and benefits shall inure to
such successors and assigns, with or without prior notice.
- Complete
Integration. This Agreement, including the documents referenced
by and incorporated into this document, form the complete agreement
between You and SUNTRON. Any other statements, trade practices,
or conduct engaged in by either party shall not alter or modify
this agreement; the words contained in this document control the
entire meaning of this agreement. Any decision not to enforce
a particular provision of this agreement does not waive the right
to enforce it at any other time and SUNTRON will not waive the
right to enforce any provision of this agreement except in writing.
- Changes
to the Services and the Website. SUNTRON reserves the right
to change, suspend or discontinue any aspect of the services or
the Website at any time, including the availability of any of
the Website features, databases or content. SUNTRON may also impose
limits on features or restrict access to parts of the Website.
- Relationship
of the Parties. Nothing contained in this Agreement shall
be construed as creating any agency, partnership, joint venture
or other form of joint enterprise between You and SUNTRON.
- Severability.
The provisions of this Agreement are independent of each other
and the invalidity of any provision or a portion thereof shall
not affect the validity or enforceability of any other provision.
In the event that any particular provision is found to be invalid
or unenforceable, such provision shall be deemed to have been
replaced with a valid and enforceable provision that approximates
as closely as possible the intent of You and SUNTRON as reflected
in the original provision.
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