Sunshine Smart Contacts Terms of Service
This is the Terms of Service for Sunshine Smart Contacts, which is the legal agreement (“Agreement” or “TOS”) that governs the relationship between You and Sunshine Products (“Sunshine” “us” or “we”) when you use the Sunshine Smart Contacts app and website (“App”, “Sunshine Services” or “Services”). By accessing our Services you are agreeing to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use our Services.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Sunshine and you regarding the Sunshine Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us and you. THIS AGREEMENT CONTAIN AN ARBITRATION REQUIREMENT, WHICH REQUIRES THAT YOU AND SUNSHINE ARBITRATE CERTAIN DISPUTES YOU MAY HAVE BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT, AND LIMITS CLASS ACTION CLAIMS UNLESS YOU OPT OUT AS PROVIDED IN SUCH AGREEMENT TO ARBITRATE (SEE BELOW“AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER”).
The materials contained in Sunshine are protected by applicable copyright and trademark law.
Creating an Account:
To use the Services you must create an account associated with your device and provide your name and phone number. You agree to use the same name that you use in everyday life and provide accurate information about yourself or your account may be terminated. Additionally, you are responsible for keeping your device secure and are fully responsible for all use of your account and for any actions that take place using your account.
Your Use of the Service:
We grant you permission to download one copy of the App per device for personal, non-
commercial use only. This is the grant of a license, not a transfer of title, and under this license
you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial), including but not limited to: accessing, retrieving or indexing the Services for purposes of constructing or populating a searchable database of contact or business information; recording, processing, or mining information about other users; or using any robot, spider, search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Services or any Content; attempt to decompile or reverse engineer any software contained in the App; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Sunshine at any time for these reasons or for any other reason at the discretion of Sunshine. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
You are responsible for maintaining and protecting a separate permanent record of all of your content. Sunshine will not be liable for any loss or corruption of your content, or for backing up or restoring any of your content.
The materials within Sunshine are provided on an ‘as is’ basis. Sunshine makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Sunshine does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to Sunshine. Sunshine is under no obligation to continue providing the Services and may cease providing all or part of the Services to you at any time.
Limitations on Liability and Indemnity:
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SUNSHINE BE LIABLE FOR (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION, OR (E) LOSS OF INFORMATION OR DATA REGARDLESS OF LEGAL THEORY, WHETHER OR NOT SUNSHINE HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SUNSHINE’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED
TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO SUNSHINE IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US $10.00.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. You agree to indemnify and hold harmless Sunshine, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to your violation of these Terms.
AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Governing Law: Except as otherwise required by applicable law, the Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Sunshine, you agree to try to resolve the Dispute informally by contacting firstname.lastname@example.org. We’ll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Sunshine may bring a formal proceeding.
We Both Agree To Arbitrate: You and Sunshine agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting email@example.com within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.
Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, San Francisco, California, or any other location we agree to.
Arbitration Fees: The AAA rules will govern payment of all arbitration fees. Sunshine will pay all arbitration fees for claims less than $75,000. Sunshine will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
No Class Actions: You may only resolve Disputes with Sunshine on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.
Judicial Forum for Disputes: Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Sunshine agree that any judicial proceeding will be brought in the federal or state courts of San Francisco County, California. Both you and Sunshine consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Sunshine’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Sunshine. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Accuracy of materials:
Sunshine does not warrant that any of the materials on Sunshine are accurate, complete orcurrent. Sunshine may make changes to the materials contained in Sunshine Services at anytime without notice. However Sunshine does not make any commitment to update the materials.
Sunshine has not reviewed all of the sites linked to its app and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Sunshine of the site. Use of any such linked website is at the user’s own risk.
We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the Service. When you use the Sunshine Service after a modification becomes effective, you are telling us that you accept the modified Terms.
If you have any questions, please contact us at firstname.lastname@example.org