Last Modified: August 1, 2016
For ease of review, links to sections of this Terms and Conditions document are provided here:
Changes to Terms and Conditions
Site Access and Security Codes
Ownership and Use of Content
Third Party Content
Posting On the Site
Prohibited Uses of the Site
Copyright Law Violations
Links to Other Websites
“As Is” Content/Warranty Disclaimer
Limitation of Liability; Consequential Damages Exclusion
Forward Looking Statements
Sun Mountain may revise and update these Terms and Conditions from time to time in the Company’s sole discretion. All changes are effective immediately upon posting to this Site. The user agrees to be bound by any revised Terms and Conditions by continuing to access and use the Site. The user also agrees to periodically review these Terms and Conditions for revisions.
If a user chooses, or is provided with, a user name, password, or any other security codes or questions (“Security Codes”) as part of Sun Mountain’s security procedures, as applicable, the user agrees to keep the Security Codes strictly confidential and not to disclose the Security Codes to any other person(s). Sun Mountain asks users to immediately notify the Company if users become aware of any unauthorized access to or use of Security Codes or any other actual or potential breach of security. Users should use particular caution when accessing accounts from a public or shared electronic device so that others may not view or record Security Codes or Personal Information. Sun Mountain reserves the right to disable Security Codes at any time in the Company’s sole discretion and for any reason, including for any violation of these Terms and Conditions.
This Site and its Content are provided as a convenience to users and customers of Sun Mountain. Sun Mountain reserves the right to suspend, restrict, or terminate all or a portion of any user’s access to or use of the Site at any time, without prior notice.
The Content provided on this Site is furnished for general informational purposes for the convenience of Sun Mountain’s users and customers.
The Site and all of its content, features, and functionality (including. but not limited to, all information, software, text, displays, images, software applications, video and audio, photographs, graphics, messages, postings, files, documents, or other materials and its design, selection, and arrangement) (“Content”) are owned by the Company or its licensors and are protected by the copyright, trademark and other intellectual property laws (“Intellectual Property Laws”).
Sun Mountain authorizes users to view and download designated portions of the Content that the Company may make available from time to time (“Designated Information”). This Designated Information may consist of technical information, product literature, and other content regarding Sun Mountain’s products and services. Users may not copy, modify, reproduce or publicly display, transmit, distribute or use the Designated Information for any purpose other than personal use. Users may not use the Designated Information on any other website, social media site, or networked computer environment, such as an intranet or extranet, for any purpose without the prior written permission of the Company, which may be withheld in the Company’s sole discretion. Unauthorized use of the Designated Information may violate Intellectual Property Laws. If a user fails to comply with these Terms and Conditions, authorization to use this Site automatically terminates and the user must immediately destroy any Designated Information obtained from the Site.
The Company makes no guarantee or any representation or warranty, whether expressed or implied, as to its accuracy, completeness, or usefulness of this Content, or the availability of illustrated products. SUN MOUNTAIN EXPRESSLY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM OR RELIANCE UPON SUCH CONTENT BY ANY USER OR THIRD PARTY RECEIVING THE CONTENT.
This Site may include content provided by third parties. All statements or opinions expressed in the content provided by third parties are solely the opinions and the responsibility of that third party. The third-party content does not necessarily reflect the opinion of the Company. Sun Mountain is not responsible or liable to any user or any third party for the accuracy of any content provided by any third parties.
In providing submissions or posting content to the Site, the user represents and warrants to the Company that the user owns or has the legal right to use such content, that the content is true and accurate, and that such content will not cause harm to any third party. Any material, information, idea, or content a user transmits to or posts on the Site (“User Submission”) will be treated as non-confidential and non-proprietary. By providing any User Submission, the user grants Sun Mountain, its affiliates, and service providers, and each of the user’s and the Company’s respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute or disclose to third parties any such User Submissions for any purpose. Sun Mountain, its affiliates and service providers may share User Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising, and marketing the Company’s products and services. Sun Mountain assumes no responsibility for reviewing unsolicited ideas for its business, such as product or advertising ideas. By submitting any User Submissions to the Site, users waive any right to compensation of any type for such User Submissions.
Users are prohibited from:
- Posting or transmitting to or from the Site any unlawful, fraudulent, threatening, libelous, defamatory, obscene, scandalous, inflammatory, objectionable, abusive, pornographic, or profane content, or any other content that could give rise to any civil or criminal liability as determined in the sole discretion of Sun Mountain.
- Posting any content that is confidential, proprietary, invades the privacy or publicity rights of others, or violates the Intellectual Property Rights of any third party. Users agree to indemnify the Company for any and all damages resulting from User Submissions that violate these Terms and Conditions. The Company reserves the right to prohibit further User Submissions by any user for violation of these Terms and Conditions.
Users of the Site agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or its functionality or interfere with any other party’s access to or use of the Site.
- Use any automatic device, process, or means to access the Site for any purpose, including monitoring or copying any material on the Site; attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Site, the Site’s server, or any server, computer or database connected to the Site.
- Use any device, software, or routine that interferes or attempts to interfere with the proper functionality of the Site.
- Use the Site for sending spam.
- Provide content or introduce any virus, Trojan horse, worm, or other malware which is malicious or technologically harmful.
- Attack the Site via a denial-of-service attack or distributed denial-of-service attack.
- Otherwise attempt to interfere with the content or proper functionality of the Site.
Sun Mountain respects the Intellectual Property rights of others and is committed to comply with copyright laws. The Company complies with the Digital Millennium Copyright Act (“DMCA”) and will promptly investigate any claims of copyright infringement upon receipt of a notice (“Notice”).
If a user believes the user’s copyright, or the copyrights of a third party, are being infringed upon because of content on the Site, the user must promptly provide a Notice to the Company’s General Manager, at the contact information and following the procedures set forth below:
Sun Mountain, Inc.
140 Commerce Drive
Berthoud, CO 80513
To be effective, the Notice must be in writing, be provided to the Company’s General Manager, and include substantially the following:
- Physical or electronic signature of the holder of the copyright (or such holder’s authorized agent).
- A description of the work claimed to have been infringed, or if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works.
- A description of the material that is claimed to be infringing or to be the subject of infringing activity that is reasonably sufficient to permit the Company to locate the material.
- Information reasonably sufficient to permit the Company to contact the user, such as an address, telephone number, and e-mail address.
- A statement that the user has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the user is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the DMCA Notice, Sun Mountain will investigate and remove the alleged infringing content, in the Company’s sole discretion.
Links to third party websites from the Site are provided solely as a convenience to users and customers. If a user uses these links, the user will leave the Site. The Company has not reviewed those third party websites, does not control, and is not responsible for any of those websites or content. The Company does not endorse or make any representations about such third party websites, or any information, software, content, or other products or materials available on those third-party websites. If a user decides to access any of the third party websites linked to the Site, the user does so entirely at the user’s own risk.
THE CONTENT PROVIDED ON THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THE COMPANY FURTHER MAKES NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, OR AVAILABILITY OF THE CONTENT.
THE CONTENT MAY BE OUT OF DATE, AND THE COMPANY MAKES NO COMMITMENT TO UPDATE THE CONTENT. CONTENT AVAILABLE ON THE SITE MAY REFER TO PRODUCTS OR SERVICES THAT ARE NOT AVAILABLE IN A COUNTRY OR LOCAL AREA. THE USER SHOULD CONSULT THE COMPANY DIRECTLY FOR INFORMATION REGARDING THE PRODUCTS AND SERVICES THAT ARE CURRENTLY AVAILABLE.
SUN MOUNTAIN CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER MALWARE OR DESTRUCTIVE CODE. THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER HARMFUL MATERIAL DUE TO A USER’S USE OF THE SITE, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE CONTENT OR ANY OMISSIONS FROM THE SITE, INCLUDING ANY INACCURACIES, ERRORS, OR MISSTATEMENTS IN SUCH CONTENT. THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE TO A USER’S COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM USE OF THE SITE, POSTING OF CONTENT, OR A USER’S DOWNLOAD OF CONTENT FROM THE SITE.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, AFFILIATES, LICENSORS, OR OTHER THIRD PARTIES BE LIABLE TO A USER OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USER’S USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE OR ANY OF ITS CONTENT, ANY WEBSITES LINKED TO THE SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, THOSE DAMAGES RESULTING FROM LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, OR LOSS OF GOODWILL, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF A USER’S USE OF THE CONTENT FROM THE SITE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF DOORS, MOULDINGS, DOOR HARDWARE, FLOORING, WOOD BEAMS OR ANY OTHER MILLWORK PRODUCTS, OR THE USER’S ELECTRONIC DEVICE’S HARDWARE, SOFTWARE, SYSTEM, OR DATA, THE USER WILL BE RESPONSIBLE FOR ALL SUCH COSTS. THE USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
Users agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and respective officers, directors, employees, contractors, agents, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorney’s fees) arising out of or related to the user’s violation of these Terms and Conditions or use of the Site or the Content, including, but not limited to, User Submissions.
These Terms and Conditions are governed by the laws of the State of Colorado, without reference to its conflicts of law principles. Any lawsuit, or other legal proceeding arising out of, or related to, the subject matter of these Terms and Conditions, the use of the Site or the Content shall be instituted exclusively in the federal courts or state courts in Colorado with jurisdiction in Weld County, Colorado. The Company also retains the right to bring any suit, action, or proceeding against users for breach of these Terms and Conditions in the user’s country of residence or any other relevant jurisdiction. Users waive any and all objections to the exercise of jurisdiction over the user by such courts and to venue in such courts.
This Site is administered by Sun Mountain, based in Berthoud, Colorado. The Company makes no representation that materials at this Site are appropriate or available for use outside the United States, and access to the materials from territories where the materials are illegal is prohibited. Users may not use or export or re-export the Content at this Site, or any copy or adaptations of the Content, in violation of any applicable laws or regulations including, without limitation, U.S. export laws and regulations. If a user chooses to access the Site from outside the United States, the user does so on the user’s own initiative, and is responsible for compliance with applicable local laws.
The Site may contain forward-looking statements regarding the Company’s business, customers, partners, future products and services, or other factors that may affect future earnings or financial results. Such statements involve risks and uncertainties, which could cause actual results to vary materially from those expressed in or indicated by the forward-looking statements. Examples of these risks include competitive product and service offerings, and lack of market acceptance.