Effective Date: June 2021
Copyright
The materials available through the Website, including all texts and graphics, are the property of SunStyle, and are protected by copyright, trademark and other intellectual property laws.
You may view, copy and print pages from the Website only: for the purpose of communicating with SunStyle about its products and services or for placing an order with SunStyle, in each case provided that you maintain all copyright, trademark, and other proprietary rights or notices. The Website and any part of it may not be reproduced, copied, distributed, modified, framed, published, used or otherwise exploited for any other purpose without the express prior written consent of SunStyle. All rights not expressly granted herein are reserved to us and our licensors.
Independent Arbitration Agreement
In consideration of and as a condition of your use of the Website you and SunStyle (collectively, “the parties”) agree as follows (the “Arbitration Agreement”):
Applicability; Exclusions; Court and Jury Trial Waiver
The parties agree that any and all covered disputes (as defined below) that either party has the legal right to sue for in court, whether now or in the future, shall be subject to final and binding arbitration under the arbitration provisions set forth below. This means that the parties have selected arbitration as the sole and exclusive forum for the parties to sue or be sued in for all covered disputes, regardless of when the dispute first arose or arises and irrespective of the time period(s) involved in the dispute. The term “covered disputes” means all disputes and claims between the parties, including any disputes or claims: arising out of or relating to these Terms of Use; relating to the relationship between the parties; arising under the California Consumer Privacy Act (“CCPA”) or any other state, federal, or international law(s) of similar import, and all other claims or disputes under federal, state, and local statutes and laws, municipal ordinances, executive orders, contract, tort, public policy, or common law (judge-made law).
The parties intend to require arbitration of all covered disputes that can lawfully be arbitrated. It is understood by the parties that the term “covered disputes” shall cover and include all such disputes not only between the parties to these Terms of Use but also all disputes or claims against any of your heirs, executors, personal representatives, and assigns, and all such disputes or claims not only against SunStyle but also against any and all of its affiliates, subsidiaries, and parents collectively and its and their predecessors and successors and any of its and their collective officers, agents, employees, members, shareholders, directors, managers, and attorneys.
Usage of JAMS Streamlined or Comprehensive Arbitration Rules and Procedures; Arbitrator to Decide All Issues; Arbitrator’s Decisions Are Final and Binding
Either party shall initiate arbitration under either the JAMS Streamlined or Comprehensive Arbitration Rules and Procedures (which are currently available for review at https://www.jamsadr.com/adr-rules-procedures/). The arbitrator (and not a court) shall decide all issues in any covered dispute including, but not limited to, issues regarding the non-availability of class arbitration, timeliness, scope of arbitrator’s authority, arbitration procedures, any issues regarding arbitrability of the parties’ dispute, statute of limitations, and all other issues regarding the application, interpretation, and implementation of these Terms of Use. The arbitrator’s decisions shall be final and binding. The parties agree that a court of competent jurisdiction shall have the authority to enter a judgment upon the award made by the arbitrator or to confirm an arbitration award, and any such proceeding shall not itself be deemed a covered dispute.
Selection and Authority of Arbitrator; Full Remedies Available; Enforceability
The parties agree that a single arbitrator shall be selected by the parties consistent with the applicable JAMS Rules and Procedures as they exist at the time of the execution of these Terms of Use. To the fullest extent permitted by law, the arbitrator shall have the power and authority to award any remedy or relief available under applicable law and shall be the sole authority to interpret and apply the provisions of these Terms of Use. The arbitrator shall have the authority to apply any federal, state, local, or municipal law, or executive order, or any common law that the Arbitrator deems applicable to the covered dispute. If there are any ambiguities in these Terms of Use, it is the parties’ intent that all ambiguities be resolved in favor of arbitration. If any provision of this Arbitration Agreement is unenforceable, the remainder of this Arbitration Agreement shall remain in full force and effect.
Class and Collective Action Waiver; No Consolidated or Joint Actions
The parties agree that all covered disputes brought against each other will be arbitrated on an individual basis only and not in a class action arbitration, a collective action arbitration, or on any other group, representative, consolidated, or joint basis. The arbitrator shall have no authority to consider or resolve any covered dispute or any claim or issue in a covered dispute on any basis other than on an individual basis and may not proceed or direct the parties to proceed on a class or collective action basis or consolidate or join one or more covered disputes pertaining to you with any other individual’s or entity’s covered dispute(s). The provisions in this Arbitration Agreement mean that both parties waive their right to commence, become a party to, or in any way participate in any class action, collective action, or group or representative action or claim against the other party or in any such action or claim consolidated or joined with another party, with respect to any covered dispute, and each party agrees to opt-out of or be severed from any such action or proceeding.
Fees, Award
The parties agree that they shall share equally (each pay one-half) the fees and costs of the arbitrator and the fees and costs of arbitration charged by JAMS; except that: (i) in all cases where required by law, SunStyle will pay the full amount of the arbitrator’s and JAMS arbitration fees and costs; and (ii) where the arbitrator determines that it is appropriate or necessary based on your financial resources, SunStyle shall pay more than one-half, in an amount to be determined by the arbitrator as fair and equitable. Each party shall bear the cost of his/her/its own legal fees and costs, including but not limited to attorneys’ fees and expert witness fees, subject to any right to recover such fees and costs under applicable law, which the arbitrator shall apply where applicable. In rendering an arbitration award, the arbitrator shall apply applicable and appropriate law and shall award all statutory remedies and penalties, including attorneys’ fees and costs to the extent authorized by and consistent with law. The award shall be in writing and the arbitrator shall set forth the essential findings of fact and law. Either party may request that a transcript and/or recording of the hearing be made.
User Accounts
You may be able to register an account on the Website. You agree that the information you provide to us during the registration process and at all other times when you use the Website is accurate, current, and complete, and that you will keep it up-to-date at all times. If you provide any information that is, or that SunStyle has reasonable grounds to suspect is, untrue, inaccurate, not current, or incomplete, SunStyle has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
You are the sole authorized user of any account you create through the Website and are solely and fully responsible for all activities that occur under your account. You may not authorize others to use your accountholder status, and you may not assign or otherwise transfer your account to any other person or entity. If you have reason to believe that your account is no longer secure, you must immediately notify us by contacting us at info@sunstyle.com. SunStyle will not be liable for losses, damages, liability, expenses, and fees incurred by SunStyle or a third party arising from someone else using your account regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.
Third Party Distributors, Resellers and Installers
We use third party distributors, resellers and installers to sell and install our products directly to businesses and consumers.
OUR THIRD PARTY DISTRIBUTORS, RESELLERS AND INSTALLERS ARE INDEPENDENT CONTRACTORS OF SUNSTYLE AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS OR FRANCHISEES OF SUNSTYLE. WE DO NOT CONTROL OR DIRECT THE PERFORMANCE OF THE SERVICES THEY PROVIDE. WHILE WE MAY SCREEN OUR THIRD PARTY DISTRIBUTORS, RESELLERS AND INSTALLERS, YOU ACKNOWLEDGE THAT SUNSTYLE IS NOT RESPONSIBLE FOR, AND DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR, THEIR PERFORMANCE. SUNSTYLE MAKES NO GUARANTEES, WARRANTIES OR REPRESENTATIONS REGARDING THE SKILLS OR UNDERTAKINGS OF SUCH THIRD PARTY DISTRIBUTORS, RESELLERS AND INSTALLERS OR THE QUALITY OF THE SERVICES THAT THE THIRD PARTY DISTRIBUTORS, RESELLERS AND INSTALLERS MAY PERFORM FOR YOU.
IF YOU HAVE A DISPUTE WITH ONE OR MORE OF OUR THIRD PARTY DISTRIBUTORS, RESELLERS AND INSTALLERS, YOU AGREE TO WAIVE AND RELEASE SUNSTYLE (INCLUDING SUNSTYLE’S AFFILIATES, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES) FROM ANY CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, THEN WITH RESPECT TO THE FOREGOING WAIVER AND RELEASE, YOU ACKNOWLEDGE AND AGREE THAT YOU WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE § 1542, WHICH STATES:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Security and Restrictions
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Website or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
You agree not to use the Website:
- In any way that violates any applicable federal, state, local or international law or regulation;
- To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability;
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website;
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the materials on the Website;
- Use any manual process to monitor or copy any of the materials on the Website or for any other unauthorized purpose without our prior written consent;
- Use any device, software or routine that interferes with the proper working of the Website; or
- Otherwise attempt to interfere with the proper working of the Website.
Communications
Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this Website including any ideas, comments, suggestions, feedback, data or the like (“Communications”) will be considered non-confidential and non-proprietary. SunStyle will have no obligations with respect to the Communications. Furthermore, you give up all intellectual property rights, including any moral, publicity and privacy rights you have in any Communication. By submitting the Communication to SunStyle, you agree SunStyle is free to use the Communication, without limitation and without any compensation to you, for any purpose whatsoever and in identifiable or de-identifiable form. SunStyle and its designees will be free to copy, disclose, distribute, incorporate, commercialize and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.
External links
Links to third-party content are provided as a service. Providers of these links, including but not limited to our third party distributors, resellers, installers, are responsible for their content; we therefore assume no liability for this external content.
Validity/disclaimer
The Website is constantly updated and information may therefore be supplemented, removed or changed without prior notice. No liability will be assumed for the correctness of the publications, data and links.
Photo Credit
Photos displayed on sunstyle.com are the property of SunStyle with permission from the property owners and photographers.
Disclaimer and Limitation of Liability
WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. THE WEBSITE IS PROVIDED BY SUNSTYLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUNSTYLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE WEBSITE. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL SUNSTYLE OR OUR AFFILIATES AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF WHATSOEVER KIND ARISING OUT OF ACCESS TO OR USE OF THE WEBSITE, WEBSITE-RELATED SERVICES OR ANY INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE WEBSITE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR CONTENT, MATERIALS AND INFORMATION CONTAINED WITHIN THE WEBSITE, ANY LINKED SITE, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE IS TO STOP USING THE WEBSITE AND/OR THOSE PRODUCTS OR SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, OUR MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THIS WEBSITE AND ANY PRODUCTS OR SERVICES PURCHASED BY YOU THROUGH THE WEBSITE IS ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.
Any claims arising in connection with your use of the Website or any products or services purchased through the Website must be brought within one (1) year of the date of the event giving rise to such action occurred.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER SUNSTYLE NOR OUR AFFILIATES, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES ARE RESPONSIBLE FOR THE FITNESS OR CONDUCT OF, OR FOR ANY SERVICES PROVIDED BY, ANY THIRD PARTY DISTRIBUTOR, RESELLER OR INSTALLER. NEITHER SUNSTYLE NOR OUR AFFILIATES, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY THIRD PARTY DISTRIBUTOR, RESELLER OR INSTALLER.
Indemnification
You agree to indemnify, defend and hold harmless us and our affiliates, and our respective officers, directors, employees, agents and representatives from and against all losses, expenses, damages, and costs, including reasonable attorney fees, resulting from any violation by you of these Terms of Use or from our termination of your access to or use of the Website. Such termination will not affect either party’s rights or obligations, which accrued before the termination.
Miscellaneous
These Terms of Use shall be governed by the laws of Illinois, and except as set forth in the “Independent Arbitration Agreement” section above, you agree to submit to the exclusive jurisdiction of the courts of Cook County, Illinois in respect of any disputes arising under or in connection with these Terms of Use. Notwithstanding any provision of these Terms of Use, SunStyle may seek equitable, including injunctive, in any court of competent jurisdiction in the event of any breach or threatened breach of these Terms of Use by you.
You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Website and any Website-related services, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.
Access to the Website may be suspended temporarily and without notice in case of a system failure, maintenance or repair or for reasons beyond our control. SunStyle reserves the right to terminate or suspend your access to all or part of the Website for any or no reason. SunStyle also reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to remove your account and any contents generated by you on the Website, block your access to the Website, block IP addresses.
If any provision of these Terms of Use is held to be unenforceable, the remaining terms shall remain in full force and effect, and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
No waiver by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any right.
Changes to Terms
We may change these Terms of Use from time to time in our discretion. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current Terms of Use. Your continued use of the Website after the Effective Date of these Terms of Use constitutes your acceptance of the amended Terms of Use. The amended Terms of Use supersede all previous versions.
Contact Information
If you have any questions or concerns regarding these Terms of Use, please contact:
SunStyle
250 Alice Street Wheeling IL 60090
