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TERMS AND CONDITIONS

Welcome to Sunsvision.com. Please be advised that by accessing, browsing or using our website you agree to the following Terms and Conditions.

PRIVACY

Please visit our Privacy Policy page in order to fully understand how we collect and use your information.

ELECTRONIC COMMUNICATIONS

All communications are done electronically. When you visit this Site, or send us emails, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

USE OF THE SITE

By registering as a Member or otherwise using the Site:

  • You represent that you are of legal age to form a binding contract and of legal working age, and are not a person barred from using the Site, under the laws of the United States or any other applicable law;
    If you are using the Site on behalf of your employer or any other party, you represent that you are authorized to do so; and
    You agree that if you register, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form and (b) maintain and promptly update your registration data to keep it true, accurate, current and complete.
    Posting Rules
    You agree to abide by the following rules when posting material on the Site.
    You are solely responsible for any statements that are posted using your account;
    You will not post or upload any material or links to material (including, but not limited to text, content, photos, video, animation, graphics, audio, or software) that is libelous, harassing, or disruptive, that violates any applicable law, or that would constitute grounds for civil or criminal liability;
    You will not post advertisements, chain letters, charity requests, petitions for signatures, or any solicitation of other users that is inappropriate;
    You will not violate, misappropriate, or infringe on, the rights of third parties, including, copyright, trademark, trade secret, privacy, personality, publicity, or other intellectual property or proprietary rights; you acknowledge that any materials you upload are, and will be treated as, non-confidential and non-proprietary; and you represent that you have the right to post all materials that you post on the Site and the right to permit downloading of all such materials by other users for personal use; and
    We reserve the right, but are not obligated, to remove or modify any material posted to the Site in violation of these Terms of Use or at our discretion.
    If you encounter materials on the Site that you believe do not abide by these rules, please contact us directly by clicking on this electronic e-mail link: [email protected]
    Other Conduct
    You also agree to abide by the following rules for use of the Site.
    You may not use the Site in such a manner as to violate any applicable law;
    You may not use the Site or any Sunsvision.com hardware, software, or equipment for the purposes of destroying, disrupting or interrupting any software, hardware or any part of the Internet, with respect to us or any other party, including denial of service attacks, imposition of an unreasonable or disproportionately large load on infrastructure, or virus dissemination; and
    You may not use any robot, spider or other automated device to monitor or copy the web pages of the Site or any information provided on the Site without the express written permission of Sunsvision.com.

We reserve the right to modify any features of the Site at any time without advance notice. In the event either you or we terminate this Agreement for any reason, you remain liable for any fees incurred before such termination is effective. We may, in our sole discretion, terminate or suspend access to all or part of this site (a) for members and other users, for any reason, including failure to comply with these terms of use, or (b) for anyone, in order to prevent or mitigate harm to the person or property of you, other members or users of the site, ourselves, or third parties, or as required by law.

CONTENT

Products seen on the Site may have limited availability and are subject to supply. Descriptions, specifications, colors and pricing are subject to change at any time and without any notice. Prices displayed on the site are quoted in U.S. Dollars.

We use reasonable efforts to ensure that information we provide on the Site is accurate, but we do not guarantee the accuracy, timeliness, completeness or quality of any material that is found on, in connection with, or posted to our Site. Further, although we may choose to do so, we are under no obligation to record or retain any of the material on or associated with the Site, regardless of any requests to do so.

LINKS TO OTHER SITES

The Site may contain links to other websites. Sunsvision.com has no control over, and accepts no liability, obligation, or responsibility for, the contents or performance of other websites. Any such links do not necessarily constitute an endorsement of, or any representation regarding, the linked website, its content, its owner, its performance, or its owner's products or services.

OWNERSHIP

All materials on the Site that are created or provided by Sunsvision.com, including text, graphics, logos, icons, and images, are the property of Sunsvision.com or other content providers, and are protected by United States and foreign intellectual property laws. The compilation of all the content on this Site is the exclusive property of Sunsvision.com and is also protected by United States and foreign intellectual property laws. You may download, view, copy, and print the materials on this Site for personal or internal business use only, provided that you do not remove or alter any trademark, service mark, or logo, or any copyright or other intellectual property notices. Except as provided above, you may not download, view, copy, print, reproduce, distribute, republish, display, post, transmit, or modify any material, or portion thereof, located on the Site, or resell access to the Site, in any form or by any means without our prior written consent. We reserve the right to revoke any of the rights granted in these Terms of Use at any time, and those rights automatically terminate if you violate any of these Terms of Use. Unauthorized use of any material on the Site may violate copyright law, trademark law, and other laws of the United States and other jurisdictions. All rights not expressly granted in these Terms of Use are reserved. SUNSVISION is the trademarks of Sunsvision.com. The other trademarks, service marks, and logos used on the Site are trademarks of Sunsvision.com or others.

CONTRIBUTIONS

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to us through our suggestion or feedback web pages, by email or otherwise, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Sunsvision.com is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Sunsvision.com shall be entitled to use or disclose (or not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Sunsvision.com may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Sunsvision.com without any obligation of Sunsvision.com to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Sunsvision.com in connection with the Contributions under any circumstances. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement Sunsvision.com respects the intellectual property of others, and we ask our users to do the same. Sunsvision.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows

  • By mail:
    Copyright Agent
    c/o Sunsvision.com
    2436 E15 3RD Floor
    Brooklyn, NY 11235
    By email: [email protected]

EQUITABLE RELIEF

You acknowledge and agree that breach of these Terms of Use will result in irreparable harm that would be difficult to measure; and, therefore, that upon any such breach or threat of such breach, Sunsvision.com shall be entitled to seek injunctive and other appropriate equitable relief from any court of competent jurisdiction (without the necessity of proving actual damages or of posting a bond), in addition to whatever remedies it may have at law, under these Terms of Use, or otherwise.

DISCLAIMER OF WARRANTIES

The site and the information on the site are provided on an "as is" and "as available" basis. Sunsvision.com expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for particular purpose, title and non-infringement. Sunsvision.com makes no warranty that (a) that the site will meet your requirements; (b) that the site will be uninterrupted, timely, secure, error-free, or free from viruses, "trojan horses," or other malicious code; (c) that the results that may be obtained from the use of the site will be accurate or reliable; (d) that any errors in the software which comprises the site will be corrected; or (e) with respect to any product or service available through or advertised on the site. No information or advice obtained through the site, or any other affirmation of sunsvision.com, by words or actions, shall constitute a warranty.

You use any material distributed, downloaded, or accessed from the Site at your own risk and discretion. You will be solely responsible for any damage to your computer system, loss of data, or loss due to your downloading or reliance upon any such material. Sunsvision.com assumes no responsibility, and will not be liable for, any damages to your computer equipment, software, or other property as a result of your downloading, viewing, or otherwise using the Site or any material found on the Site, or any other website to which the Site is linked, or any damages resulting from your reliance on materials posted on the Site. Sunsvision.com does not provide refunds for fees paid to it for any reason.

In no event shall the liability of sunsvision.com arising in connection with or under this agreement exceed $100. You agree that any claim or cause of action arising under these terms of use or the performance or non-performance of the site must be brought within one year after such claim or cause of action arises, or be forever barred.

DISCLAIMER OF CONSEQUENTIAL DAMAGES

In no event shall sunsvision.com be liable for indirect, incidental, consequential, special or exemplary damages arising out of or in connection with this agreement, including, without limitation, (a) breach of any warranty or any other obligation imposed on sunsvision.com in connection with these terms of use; (b) the use of or inability to use the site; (c) unauthorized access to or alteration of your transmissions or data; and (d) statements or conduct of any third party on the site or elsewhere, or your reliance on the same. "Consequential damages" include, without limitation, loss of use, loss of customers, income or profit, damages or losses resulting from claims of other persons against you.

Sunsvision.com shall not be liable for any failure to perform under these Terms of Use where such failure results from any cause beyond the reasonable control of Sunsvision.com, including but not limited to mechanical, electronic, or communications failure or degradation.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, those provisions set forth above may not apply to you.

INDEMNITY

You agree to indemnify and hold harmless Sunsvision.com, its affiliates, successors, advisors and licensors, and their respective directors, officers, shareholders, employees and agents, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your violation of the Terms of Use, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account, or for any third party claims arising as a result of your use of the Site or reliance upon any information found on the Site. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

GOVERNIG LAW

These Terms of Use shall be governed by and construed under the laws of the State of New York, without regard to its conflicts of laws principles. Except as set forth in the "Equitable Relief" provision of these Terms of Use, the sole jurisdiction and venue of any action related to these Terms of Use shall be the New York state courts and the United States federal courts in Kings County, New York, and you agree to submit to personal and exclusive jurisdiction of these courts.

GENERAL PROVISIONS

All the terms of these Terms of Use shall apply to and bind the assignees and successors in interest of you and Sunsvision.com. The waiver by Sunsvision.com of any breach or default shall not be deemed to be a waiver of any later breach or default. The exercise or failure to exercise any remedy shall not preclude the exercise of that remedy at another time or of any other remedy at any time. If any provision or portion of these Terms of Use is held to be invalid or unenforceable, the other provisions and portions shall not be affected. The headings are used for the convenience of the parties only and shall not affect the construction or interpretation of these Terms of Use.

GIFT CARD TERMS AND CONDITIONS REDEMPTIONS

SUNSVISION Gift Cards must be redeemed on www.sunsvision.com toward the purchase of eligible products. The listed price for eligible merchandise (inclusive of any applicable taxes) purchased will be automatically deducted from the Gift Card balance. Additional or replacement cards reflecting reduced credit balances will not be issued. Any unused balance will remain in the recipient's Gift Card account when redeemed. If an order exceeds the amount of the Gift Card, the balance must be paid with a valid credit card or the Gift Card amount will not be applied. To view Gift Card balances, visit "Your Account" on Sunsvision.com. Sunsvision.com may provide Gift Card purchasers and recipients with information about the redemption status of Gift Cards.

OTHER LIMITATIONS

Gift Cards cannot be used to purchase other gift cards.
Gift Cards will expire as indicated on the applicable card.
Gift Cards cannot be refilled, transferred, resold, redeemed for cash or applied to another account, except to the extent required by law. Unused Gift Card balances in a SUNSVISION account may not be transferred.
Gift Cards are not credit or debit cards. The Gift Cards are applicable exclusively in connection with the purchase of eligible Sunsvision.com merchandise.
Sunsvision.com will not issue physical cards in connection with this program, but will maintain Gift Card account balances as indicated above.

FRAUD

Sunsvision.com has the right to close customer accounts and cancel orders, or bill alternative forms of payment, if a fake or fraudulently obtained Gift Card is redeemed and/or used to make purchases on Sunsvision.com.

LIMITATIAON OF LIABILITY

Sunsvision.com inc (sunsvision) makes no warranties, express or implied, with respect to gift cards, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose in connection with purchased goods. In the event a gift card code is non-functional, your sole remedy, and our sole liability, shall be the replacement of such gift card. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.