TERMS AND CONDITIONS
 


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.

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. Compliance with Laws. You agree to comply with all of Your local, state, province, country or regional legal restrictions that may be applicable.

  11. 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.

  12. 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.

  13. 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.

  14. 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.

  15. 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.

  16. 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.

  17. 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.

  18. 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.

  19. 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.

  20. 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.