TERMS AND CONDITIONS OF USE

By accessing our website and/or the mobile app, you are consenting to the following terms and conditions of use. You agree to follow and be bound by these terms. If you do not agree with our terms of use we regrettably ask that you to not access this site and/or the mobile app. You are of course welcome to return at any time.

During your use of our website and/or the mobile app, we may obtain certain information about you, which we will hold in confidence according to these Terms and Conditions of Use and our Privacy Policy.

The materials on our website is the property of Sunac. All rights, title and interest (including all copyrights, trademarks and other intellectual property rights) to the content included on this website and/or the mobile app, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is the property of Sunac and is protected by United States and international copyright laws.

You may not reproduce, redistribute or otherwise use any materials without the express written consent of Sunac. Sunac’s trademark and tradenames may not be used in connection with any product or service that is not Sunac’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Sunac.

The materials included on this website and/or the mobile app may be used for personal, informational and shopping purposes only. You may not distribute, publish, transmit, modify, display or create copied works from or exploit the contents of this website and/or the mobile app in anyway. You agree to indemnify, defend and hold harmless Sunac for any and all unauthorized uses you may make of any material on the website and/or the mobile app. You acknowledge the unauthorized use of the contents could cause irreparable harm to Sunac and that in the event of an unauthorized use, Sunac shall be entitled to an injunction in addition to any other remedies available at law or in equity in the exclusive jurisdiction and venue in the courts described below.

To the extent that Sunac believes that you have violated its intellectual property rights, Sunac may seek injunctive or other appropriate relief in any federal or state court located in New York without having to submit that matter to mediation/arbitration as stated below, and you consent to the exclusive jurisdiction and venue in such courts.

Sunac grants you a non-exclusive, non-transferable, limited license to view this website and/or the mobile app, and to download and/or print portions of materials retrieved from this website and/or the mobile app as long as (a)it is used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. No part of the website and/or the mobile app may be reproduced, republished, copied, transmitted, or distributed in anyform or by any means, without the express written permission of Sunac.

You may not use the website and/or the mobile app to:

• gain unauthorized access to our website and/or the mobile app, network or computer systems;
• interfere with any other person's use or enjoyment of the website and/or the mobile app;
• breach any laws concerning the use of public telecommunications networks and interfering or disrupting networks;
• copy any portion of the website and/or the mobile app or the content except as part of an internet service provider's incidental caching of pages or for your own personal review later;
• or "hack," interfere with or disrupt the website and/or the mobile app or any servers directly or indirectly connected with the service or promote any such activity

Please note that despite all of our good efforts we do not guarantee that the functions contained on this website and/or the mobile app will be uninterrupted or error-free, that this website and/or the mobile app, or its server will be free of viruses or other harmful components. If we are made aware of any defects, we will always do our best to promptly correct them.

Please understand that Sunac disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to: (1) any errors in or omissions from this website and/or the mobile app, including but not limited to technical inaccuracies and typographical errors; (2) the unavailability of this website and/or the mobile app or any portion of this website and/or the mobile app; (3) your use of this website and/or the mobile app; or (4) your use of any equipment or software in connection with this website and/or the mobile app.

Sunac reserves the right to change, modify, add, or remove any of these Terms and Conditions and any other content at this website and/or the mobile app from time to time for any reason.

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding that body of law relating to conflict of laws. The parties agree that any controversy or claim arising out of or relating to this Terms and Conditions of Use, or the breach thereof, will be settled by binding arbitration in accordance with New York State CPLR §7501. The arbitration will take place in New York City, New York. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties consent to the jurisdiction of all federal and state courts in New York. Venue will lie exclusively in New York City, New York.

If any arbitration or other proceeding is brought to enforce or interpret this Terms and Conditions of Use or matters relating to it, the substantially prevailing party, as determined by the arbitrator's award, will be entitled to recover reasonable attorneys' fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled.

Sunac’s failure to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision. Any cause of action you may have with respect to this website and/or the mobile app must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.

If any provision of this Terms and Conditions of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.