TERMS & CONDITIONS

THE FOLLOWING ARE THE TERMS AND CONDITIONS OF YOUR USE OF THIS WEB SITE. PLEASE READ THEM CAREFULLY BEFORE USING THIS WEB SITE.

By using this site, you agree, without limitation or qualification, to the following terms and conditions (as we may amend or terminate them in whole or in part from time to time) and all applicable laws. If you do not agree to these terms and conditions, please do not use this site. We reserve the right to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this website following our posting of any changes to these terms and conditions means that you accept those changes.

DISCLAIMER.

THIS SITE AND THE INFORMATION, GRAPHICS, MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SUNBURST PRODUCTS, INC d/b/a FREESTYLE® USA (“FREESTYLE”) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. FREESTYLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE, THE INFORMATION, MATERIAL, PRODUCTS AND/OR GRAPHICS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FREESTYLE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE OR THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMLINESS, RELIABILITY OR OTHERWISE.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and FREESTYLE does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.

COPYRIGHT/TRADEMARKS.

All designs, text, graphics and images, and the selection and arrangement thereof, that are part of this site are the property of, or are used with permission by, FREESTYLE and are protected by copyright and trademark laws. No material and no software from this site or any web site owned, operated, licensed, or controlled by FREESTYLE may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of the FREESTYLE’S copyrights and other proprietary rights. The use of any such material on any other web site or networked computer environment is prohibited without FREESTYLE’S express written consent. All trademarks, service marks, and trade names are proprietary to FREESTYLE or other designated owner of a posted mark.

All trademarks, service marks and trade names of FREESTYLE used herein are trademarks or registered trademarks of Sunburst Products, Inc. or its affiliates. All other trademarks or logos that appear in this site are the property of their respective owners, including in some instances Sunburst Products, Inc. All elements contained in FREESTYLE’S websites, including its design and content are protected by trade dress, copyright (including moral rights), trademark and other laws relating to intellectual property rights.

TYPOGRAPHICAL ERRORS.

In the event a FREESTYLE product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, FREESTYLE and its retailers shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. FREESTYLE and its retailers shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has already been charged for the purchase and your order is canceled, FREESTYLE or its retailers shall issue a credit to your credit card account in the amount of the incorrect price.

LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FREESTYLE SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF FREESTYLE (OR THEIR AUTHORIZED REPRESENTATIVE) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FREESTYLE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

MISCELLANEOUS.

This Agreement and your use of this site shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of the state of California, U.S.A., without giving effect to any principles of any choice of law provisions, and not by the U.N. Convention on Contracts for the Sale of Goods. You agree that jurisdiction over and venue in any legal proceeding involving FREESTYLE directly or indirectly arising out of or relating to this site (including but not limited to the purchase of FREESTYLE products) shall be in the state or federal courts located in Orange County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of FREESTYLE products) must be commenced within one (1) year after the claim or cause of action arises. FREESTYLE may give you responses or notices by electronic mail, posting to this site or by written communication sent by U.S. Postal Service. FREESTYLE’S failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. FREESTYLE may assign its rights and duties under this Agreement to any party at any time without notice to you. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.

BULLETIN BOARDS.

This site may include e-mails, bulletin boards and chat rooms (“Bulletin Boards”) which allow feedback to FREESTYLE and real-time interaction between users.

FREESTYLE does not control the messages, information or files delivered to Bulletin Boards, unless otherwise noted therein, and FREESTYLE has no obligation to monitor such Bulletin Boards. However, FREESTYLE reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in FREESTYLE’S sole discretion are objectionable or in violation of these terms and conditions.

You acknowledge that you alone are responsible for the content of messages, information and materials that you may post on the Bulletin Boards, and consequences of any such messages, information or materials.

RULES OF CONDUCT.

It is a condition of your use of the Bulletin Boards and this site that you do not:

• Use any Bulletin Boards for any illegal purposes (or to solicit any illegal act);
• Restrict or inhibit any other user from using and enjoying the Bulletin Boards;
• Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including images and language;
• Post any message that solicits gambling or engage in any gambling activity;
• Post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
• Post or transmit any information, software or other material which contains a virus or other harmful component;
• Post any defamatory, libelous, hateful, or harassing messages, information or material;
• Post or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising, promotion or marketing;
• Post or transmit any message or information which seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise.

USER COMMUNICATIONS.

You are and shall remain solely responsible for the content of any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or communications, including any data, questions, comments, suggestions, or the like (collectively the “Information”) you transmit to FREESTYLE via this site, Internet electronic mail or otherwise. The Information shall be and remain the property of FREESTYLE. FREESTYLE is and shall be under no obligation (1) to keep confidential the Information or identity; (2) to pay any compensation for using the Information or (3) to respond to or post the Information. FREESTYLE shall exclusively own any now known or hereafter existing rights to any Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Information.

INDEMNIFICATION.

You agree to indemnify, defend, and hold harmless FREESTYLE, its subsidiaries, affiliates and their officers, directors, employees, agents, licensors, retailers and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing this site using your internet account. You agree that you will also indemnify and hold the Service Providers harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

THIRD-PARTY LINKS AND RETAILERS.

FREESTYLE may provide links and pointers to internet sites maintained by others (“third party sites”) as well as the location of participating retailers. FREESTYLE has not reviewed all of the third party sites linked to this site and is not responsible for the contents of or any products or services offered in such third-party sites. Also, access to participating retailers does not constitute an endorsement by FREESTYLE or any of its subsidiaries or affiliates of any retailers, or the resources, products or services offered by them. FREESTYLE has no responsibility or liability for these third-party independent policies or actions and is not responsible for the privacy practices or the content of such third-party web sites or retailers. Likewise, FREESTYLE is not the seller of products purchased from such retailers and is in no way responsible for shipping products and FREESTYLE disclaims any and all responsibility for shipping and handling of any products. While FREESTYLE provides links and locations of participating retailers and vendors who sell their products on-line, FREESTYLE cannot control the completion or validity of transaction of such retailers and vendors, the content of their websites, and does not endorse or control these independent retailers and vendors. These linked sites and store locations are only for your convenience and therefore you access them at your own risk. However, FREESTYLE seeks to protect the integrity of its web site and the links placed upon it and therefore welcomes any feedback on not only its own site, but for sites and retailers it links to as well (including if a specific link does not work).

SECURITY.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, FREESTYLE reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. FREESTYLE reserves the right to investigate suspected violations of these Terms and Conditions.

FREESTYLE reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing FREESTYLE to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS FREESTYLE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FREESTYLE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER FREESTYLE OR LAW ENFORCEMENT AUTHORITIES.