1. Terms of Use
The SunTeka™ web site (currently located at www.beyonduv.com) (the “Website”) is provided conditioned on your acceptance without modification of the terms and conditions contained in these Terms of Use.
Your access and use of the Website constitutes your acceptance of and agreement to be bound by the terms and conditions contained herein. You acknowledge and agree that these Terms of Use may be changed from time to time, without notice to you, and your access and use of the Website following any such changes shall constitute your continued agreement to be bound by the Terms of Use, as modified.
2. Privacy Policy
For information about SunTeka’s data tracking and protection practices, please read the SunTeka Privacy Policy at [insert hyperlink to PP], which is incorporated herein by reference. Your access and use of the Website constitutes your agreement to the terms and conditions of SunTeka’s Privacy Policy.
3. Links to Third Party Sites
The Website may contain links to other websites (“Linked Sites”). SunTeka is providing these links to you only as a courtesy and for convenience. The use of any link does not imply endorsement, sponsorship or affiliation by SunTeka with, or of SunTeka by, the Linked Sites (or its operators). The Linked Sites are not under the control of SunTeka and SunTeka is not responsible for the contents of, or activities associated with, any such Linked Site, including, without limitation, to any other links contained in a Linked Site. SunTeka is also not responsible for any advertising, webcasting or any other form of transmission received from, or available through, any such Linked Site.
4. User Conduct/Prohibited Uses
You agree not to use the Website for any purpose that is unlawful, unethical or otherwise prohibited by these Terms of Use. Without limiting the foregoing, you agree not to access or use, or encourage or permit others to access or use, the Website or any Website Services (defined below) in any manner to:
damage, disable, overburden, or impair the Website (e.g., a denial of service attack), any related server or the network(s) connected to any such server;
interfere with any other party’s use or enjoyment of the Website or related services;
share any content or other material that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, profane, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise reasonably objectionable;
stalk, intimidate, and/or harass another;
incite others to commit violence;
harm a minor in any way;
provide any content or other material that you do not have a right to provide under any applicable law or contractual or fiduciary relationship;
provide any content or other material that infringes any intellectual property right or other proprietary right of any party;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers to disguise the origin of any of content or other materials posted on or transmitted through the Website of the Website Services;
use the Website, its content or other materials such that it will mislead another into believing that they are interacting directly with SunTeka or any Website Service;
engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys, or other duplicative or unsolicited messages (commercial or otherwise);
use any SunTeka domain name as a pseudonymous return email address;
provide any content or material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
access or attempt to access any content or material that you are not authorized to access or through any means not intentionally made available through the Website or applicable Website Service;
market any goods or services for any business purposes (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by SunTeka; or
use any data mining, robots, or similar data gathering and extraction methods in connection with the Website, any content or materials provided on or through the Website, and/or any Website Services.
Use of Website Services
The Website may currently or in the future contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Website Services”). For all such Website Services you agree only to post, send and receive messages and material that are legal, proper and related to the particular Website Service. SunTeka has no obligation to monitor the Website Services. However, SunTeka reserves the right to review materials posted to or via a Website Service and to remove any materials in its sole discretion, without notice. SunTeka also reserves the right, but undertakes no obligation, to terminate your access to any or all of the Website Services, or completely block your access to the Website, at any time without notice for any reason in SunTeka’s sole discretion.
SunTeka also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SunTeka’s sole discretion, without notice.
When you provide any personally-identifying information about yourself or others (e.g., your children) to or through a Website Service, you should use caution and you do so at your own risk. SunTeka neither controls nor endorses the content, messages or information found in or through any Website Service. Without limiting the foregoing, SunTeka specifically disclaims any responsibility or liability with regard to any Website Services, and any results or actions connected with your participation in same. Views expressed in or through a Website Service do not necessarily reflect those of SunTeka.
Materials You Provide
You acknowledge and agree that any content or other materials you provide to SunTeka (including, without limitation, feedback and suggestions) or post, upload, input or submit to or through the Website (collectively “Submissions”) shall be and remain the property of SunTeka, LLC and its affiliates. SunTeka is under no obligation to acknowledge, consider, pay for or respond to any Submissions provided by you or other users of the Website.
By posting, uploading, inputting, submitting or otherwise providing any Submission you hereby represent and warrant that you own, control or otherwise possess all of the rights required to provide the Submission, and that the Submission does not infringe, misappropriate or otherwise violate any rights of any other person or entity.
Content
All of the content and other materials on the Website, including, without limitation, images, trademarks, logos, illustrations, designs, icons, photographs, artwork, and any video and/or audio materials, are owned or controlled by SunTeka, LLC, or its licensors, and are protected by applicable intellectual property or other proprietary rights. You may not copy, reproduce, publish, transmit, or otherwise use any such contents or materials present on the Website.
Modifications
SunTeka reserves the right to change or otherwise modify, or even discontinue, the Website without notice. SunTeka may also modify the terms and conditions under which the Website is offered, without notice to you. Continued access and use of the Website following any such modifications shall constitute your continued agreement to the Terms of Use, as modified.
DISCLAIMERS
THE INFORMATION, RESEARCH AND REFERENCE MATERIALS PROVIDED ON OR AVAILABLE THROUGH THE WEBSITE ARE INTENDED AS A COURTESY AND ARE SOLELY FOR THE INFORMATIONAL PURPOSES OF THE USER. SUCH INFORMATION IS NOT INTENDED TO DIAGNOSE ANY HEALTH PROBLEMS AND DOES NOT REPLACE THE ADVICE, DIAGNOSIS OR TREATMENT OF AN APPROPRIATE MEDICAL PROFESSIONAL. NO REPRESENTATIONS ARE MADE, AND NO RESPONSIBILITY IS ASSUMED, FOR SUCH INFORMATION CONTAINED ON OR AVAILABLE THROUGH THE WEBSITE. CONTACT A MEDICAL PROFESSIONAL DIRECTLY IF YOU HAVE ANY QUESTIONS CONCERNING YOUR HEALTH OR THE REALATED INFORMATION CONTAINED ON OR AVAILABLE THROUGH THE WEBSITE.
LIABILITY DISCLAIMER. THE SUNTEKA WEBSITE AND IT CONTENTS ARE PROVIDED ON AN “AS-IS”, “AS-AVAILABLE” BASIS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE WHATSOEVER. WITHOUT LIMITING THE FOREGOING, SUNTEKA HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING SAME, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SUNTEKA WEBSITE, ANY WEBSITE SERVICES, AND/OR ANY PRODUCTS PURCHASED IN OR THROUGH SAME, ARE AT YOUR OWN RISK AND YOU ASSUME ALL RESPONSIBILITY AND LIABILITIES ASSOCIATED WITH SAME. NEITHER SUNTEKA NOR ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OWNERS, OPERATORS, EXMLPOYEES OR AGENTS, SHALL BE RESPONSIBLE FOR ANY DAMAGES OR LOSSES YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SUNTEKA WEBSITE, ANY WEBSITE SERVICES, OR ANY PRODUCTS PURCHASED OR USED RELATED TO SAME. IF YOU ARE DISSATISFIED WITH THE SUNTEKA WEBSITE, OR ANY PORTION THEREOF, OR WITH ANY OF THE TERMS AND CONDITIONS OF THE TERMS OF USE, YOU SOLE AND EXCLSUIVE REMEDY IS TO NOT USE THE WEBSITE, ANY WEBSITE SERVICES AND/OR ANY PRODUCTS RELATED TO SAME.
General
Entire Agreement. These Terms of Use constitute the entire agreement between you and SunTeka, LLC with respect to your access and/or use of the Website and any Website Services, and supersedes any prior agreements between you and SunTeka on such subject matter.
Governing Law. These Terms of Use shall be construed in accordance with the laws of the state of Arizona, without regard to any conflicts of laws provision.
Disputes. Any dispute arising under these Terms of Use or relating to the use of the Website shall be subject to the exclusive jurisdiction of any state or federal court located in Tucson, Arizona.
Severability. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most-closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.
Copy. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Version 1 [May 2016]
