082824 Sub Banners Terms and Conditions FINAL 1
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TERMS AND CONDITIONS

Thank you for visiting our website (the “Site”).  This Site is maintained and operated by Sun Taiyang Co., Ltd. (“Company”, “we” or “us”). Your access and use of the Site is subject to the following terms and conditions (the “terms and conditions”) and all applicable laws. By accessing or using any part of the Site, you accept, without limitation or qualification, these terms and conditions. If you do not agree with all of the terms and conditions set forth below, you may not use any portion of the Site. NOTICE OF ARBITRATION PROVISIONS: Your use of this Site is subject to binding individual arbitration of any disputes which may arise, as provided in these Terms and Conditions.  Please read the arbitration provisions carefully and do not use the Site if you are unwilling to arbitrate any disputes you may have with us as provided below.
    1. AUTHORIZED USE OF SITE:  This Site is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Site requires the prior written consent of Company.
    2. UNAUTHORIZED USE OF SITE:  You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site.  Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not frame portions of the Site within another website or application. You may not resell use of, or access to, the Site to any third party without our prior written consent.
    3. REGISTRATION AND PASSWORDS: In order to access certain services on the Site, you may be required to provide specific information.  All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy, located at https://www.outre.com/privacy-policy/
    4. PROPRIETARY RIGHTS: Company owns or is otherwise licensed to use all parts of the Site, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Site belong to third parties who have authorized Company to display the materials, such as portfolio works, client logos and trademarks and other proprietary materials.  By using the Site, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials.  Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site.  All rights not granted under these Terms and Conditions are reserved by Company. Certain pages on the Site may allow you to post text comments, photos, videos or other Content (“Content”).  Unless otherwise specified, you may only post Content to the Site if you are a resident of the United States and are eighteen (18) years of age or older.  You may only post Content that you created or which the owner of the Content has given you permission to post.  If Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person’s parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to Company.  You may not post or distribute Content that is illegal or that violates these Terms and Conditions.  By posting or distributing Content to the Site, you represent and warrant that (a) you own all the rights to the Content or are authorized to use and distribute the Content to the Site and (b) the Content does not and will not infringe any copyright, right of publicity, or any other third-party right nor violate any law or regulation. By submitting or posting Content to the Site, you grant Company the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this Content in any medium.  Once you submit or post Content to the Site, Company does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses.  You are solely responsible for anything you may post on the Site and the consequences of posting anything on the Site.
    5. ACTIVITIES PROHIBITED BY SITE:  Company expects all of its users to be respectful of other people.  The following is a partial list of the types of conduct that are illegal or prohibited on the Site or while using the Site. Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, engages in any of the prohibited activities.  Without limitation, you agree that you will not post or transmit to other users anything that contains Content that:
      • is defamatory, abusive, obscene, profane or offensive;
      • infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Site);
      • violates any party’s right of publicity or right of privacy;
      • is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
      • promotes or encourages violence;
      • is inaccurate, false or misleading in any way, or constitutes impersonation of another person;
      • is illegal or promotes any illegal activities;
      • promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures;
      • contains “masked” profanity (i.e., F*@&#);
      • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
      • contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
      Company is under no obligation to screen or monitor Content but may review Content from time to time at its sole discretion.  Company will make all determinations as to what Content is appropriate in its sole discretion.  Company may edit or remove any Content at any time without notice.
    6. RELIANCE ON INFORMATION POSTED: The information presented on or through the Site is made available solely for general information purposes. Company does not warrant the accuracy, completeness or usefulness of this information. The product listings on this Site are not offers for sale nor indicate the product’s availability for sale.  Product descriptions on this Site do not constitute warranties of any kind, express or implied. Any reliance you place on such information is strictly at your own risk. Company disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
    7. NO IDEAS ACCEPTED: Company does not accept any unsolicited ideas from outside the Company including without limitation suggestions about advertising, promotion or merchandising of our products, additions to our product lines, services, or changes in methods of doing business.  We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Site, you understand and acknowledge that such idea is not submitted in confidence and Company assumes no obligation, expressed or implied, by considering it. You further understand that Company shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to Company.  Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant Company an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.
    8. DISCLAIMERS :TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISING AND PROMOTIONS AGENCIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SUCCESSORS, AGENTS AND ASSIGNS AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE (COLLECTIVELY, “RELEASED PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE COMPANY’S PRODUCTS AND SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING AND/OR USAGE OF TRADE. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, APPROPRIATENESS, USEFULNESS, FUNCTIONALITY, RELIABILITY, HARMFULNESS AND/OR LEGALITY OF ANY THIRD-PARTY WEBSITES, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, INACCURACIES AND/OR OMISSIONS OF CONTENT, MATERIALS AND/OR INFORMATION IN AND/OR IN CONNECTION WITH THE WEBSITE, THE COMPANY CONTENT. THE COMPANY SERVICES, THIRD PARTY WEBSITES, (B) ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION PERSONAL INJURY AND/OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, THE COMPANY CONTENT, THE COMPANY SERVICES, THIRD PARTY WEBSITES (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE AND/OR ANY PROVISION OF THE COMPANY SERVICES, AND/OR (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY THIRD-PARTY WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR OWN JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
    9. LIMITATIONS OF LIABILITY IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, WHATSOEVER, INCLUDING, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, THE COMPANY CONTENT, THE COMPANY SERVICES, THIRD PARTY WEBSITES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY’S TOTAL LIABILITY TO YOU FOR ANY AND ALL CAUSES WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY PRODUCTS DURING THE PERIOD OF 3 MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.
    10. LINKS:  This Site may contain links to other websites or applications not maintained by Company. Other websites or apps may also reference or link to our Site. We encourage you to be aware when you leave our Site and to read the terms and conditions and privacy statements of each and every website or app that you visit.  We are not responsible for the practices or the content of such other websites or apps.
    11. CHANGES:  All information posted on the Site is subject to change without notice.  In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on the Site. You should check the Site for such changes frequently.  Your continued access of the Site after such changes conclusively demonstrates your acceptance of those changes.
    12. INDEMNIFICATION You agree to indemnify, release, defend and hold harmless Company, and the other Released Parties from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms and Conditions or applicable law.
    13. GEOGRAPHIC RESTRICTIONS: The owner of this Site is based in the state of New Jersey in the United States. This Site is for use only by persons located in the United States. Company makes no claims that the Site or any of its content is accessible or appropriate outside of the United States.
    14. SEVERABILITY: If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
    15. WAIVER; REMEDIES: The failure of Company to partially or fully exercise any rights or the waiver of Company of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Company or be deemed a waiver by Company of any subsequent breach by you of the same or any other term of these Terms and Conditions.  The rights and remedies of Company under these Terms and Conditions and any other applicable agreement between you and Company shall be cumulative, and the exercise of any such right or remedy shall not limit Company’s right to exercise any other right or remedy.
    16. RESOLUTION OF DISPUTES/ARBITRATION: These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New Jersey including its conflicts of law rules. While we will make every reasonable effort to resolve any disagreements you may have with us, if these efforts fail you agree that all claims, disputes or controversies against Company or the other Released Parties arising out of these Terms and Conditions, or the Site (collectively, “Claims”) are subject to fixed and binding arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek.  This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims.  YOU UNDERSTAND AND AGREE THAT YOU ARE AGREEING TO ARBITRATE ALL CLAIMS, AND YOU ARE WAIVING YOUR RIGHT TO RESOLVE ANY CLAIMS BEFORE A JUDGE AND JURY IN A COURT OF LAW. In addition, you agree that any and all Claims will be arbitrated on an individual basis, not as a plaintiff, class representative, member of a putative class, or otherwise on behalf of others in any proposed class, collective, consolidated or representative proceeding, and the arbitrator may award relief only on an individual (non-class, non-representative) basis.   Notwithstanding the foregoing, this provision shall not prevent you from seeking or the Arbitrator from awarding statutory injunctive relief in your favor solely on the grounds that such relief would also have an effect on the general public. The arbitration shall be administered by JAMS or its successor or, if no longer in existence, another nationally-recognized administrator, and conducted in accordance with its comprehensive arbitration rules then in effect (the “Rules”).  Those procedures and rules may limit the discovery available to you or us. The seat of the Arbitration shall be in New York, New York.  The Arbitration shall be conducted as expeditiously and economically as reasonably practicable. Payment of all filing, administration, arbitrator and/or mediator fees (“Fees”) will be governed by JAMS rules. A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least fifteen (15) years’ experience or a retired or former judge, selected in accordance with JAMS rules.  If all parties to the Dispute do not agree upon the Arbitrator within twenty (20) days after commencement of the Arbitration, then the Arbitrator shall be appointed by the administrator pursuant to the Rules. The arbitrator will take reasonable steps to protect your account information and other confidential information if requested to do so by you or us. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the Dispute and the factual findings and legal conclusions relevant to it (the “Award”). The arbitrator’s Award is final and binding on the parties unless we or you appeal it in writing to the arbitration firm within fifteen (15) days of notice of the Award. Any Claim or you have with respect to use of the Site must be commenced within one (1) year after the claim arises.
    17. MISCELLANEOUS: These Terms and Conditions, including without limitation, the Privacy Policy, which is included herein, constitutes the entire agreement between you and Company regarding the use of the Site. To the fullest extent permitted by law, the failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles of these Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions and your account may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time, and without notice to you. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company’s reasonable control. If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
    18. Contact Us: Should you have any questions regarding these Terms and Conditions you may contact us at [email protected]. These Terms and Conditions are effective and were last updated on 08/27/2024.