Terms of Use for gosunpath.com

Updated 5/2/2014

Introduction

Welcome to gosunpath.com, the website of SunPath, LTD (“SunPath”). SunPath provides content on this website subject to the terms and conditions in these Terms of Use and our Privacy Policy, which can be found here: Privacy Policy. Please read these Terms of Use and our Privacy Policy carefully. By visiting or using this website, you acknowledge that you have read and understood, and agree to be bound by, these Terms of Use and our Privacy Policy. You also agree to comply with all applicable laws and regulations, including United States and international copyright and trademark laws.

Website copyright notice: Copyright © 2017 SunPath Ltd. All rights reserved.

Privacy

Please review our Privacy Policy, which applies to your visit to, and use of, this website and describes SunPath’s practices and policies related to the collection, use, and storage of information about users of this website.

Ownership and Copyright

The gosunpath.com website is owned and operated by SunPath. All content and functionality on this website, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of SunPath or its licensors and is protected by United States and international copyright laws.

Trademarks

The trademarks, service marks, trade dress, designs, and logos (collectively, "Trademarks") displayed on this website are the registered and unregistered Trademarks of SunPath and its licensors. You agree that without the prior written permission of SunPath, you will not (i) attribute any information to SunPath or its licensors in any public medium (e.g., press releases or websites) for advertising or promotional purposes, or for the purpose of informing or influencing any third party, or (ii) use or reproduce any Trademark of, or imply any endorsement by or relationship with, SunPath or its licensors. Nothing on this website or in these Terms of Use should be construed as any license or right to use any Trademarks displayed on this website without the express written permission of SunPath or the owner of such Trademark.

Use of Content

SunPath hereby grants you a non-exclusive, non-transferable and revocable license to access and download, display, electronically copy and print any of the content and functionality displayed on this website (the “Content”) on any single computer solely for your personal or internal business use, provided that you do not modify the Content in any way and that you retain all copyright and other proprietary notices displayed on the Content. You agree that you will not (i) reproduce, publish, transmit, distribute, or commercially exploit in any way any of the Content, (ii) modify or create derivative works from the Content, (iii) use any of the Content in any public display, performance, sale or rental, (iv) decompile, disassemble or otherwise reverse engineer the Content, or (v) remove any copyright, trademark registration, or other proprietary notices from the Content. You further agree not to access or use this website in any manner that may be harmful to the operation of this website or the Content.

Notice of Infringement

SunPath prohibits the posting of any content on this website that infringes or violates the copyright or other intellectual property right (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any Content on this website, please write to us at the address shown below, giving a written statement containing (i) identification of the copyrighted work or intellectual property right that you believe to be infringed, (ii) identification of the Content on this website that you request be removed, (iii) your name, address, daytime telephone number, and email address, if available, (iv) a statement that you have a good faith belief that the use of the copyrighted work or the intellectual property right is not authorized by its owner, its agent, or applicable law, (v) a statement that the information in your statement is accurate and that, under penalty of perjury, the signatory is the owner of, or is authorized to act and assert infringement on behalf of the owner of, the right you believe to be infringed, and (vi) the signature of the owner of the right that you believe to be infringed or a person authorized to assert such infringement on behalf of the owner. SunPath will process infringement claims in accordance with applicable law and will remove any Content on this website that infringes the copyright or other intellectual property right of any person under United States law. Statements of infringement under this section should be submitted to SunPath as follows:

SunPath, LTD. 25 Braintree Hill Office Park, Suite 100, Braintree, MA 02184, Attn: Legal Department

Third-Party Web Sites

This website may contain links to websites that are not maintained by SunPath. We try to include links only to websites that are in good taste and safe for users of this website, but we are not responsible for the content or accuracy of any website other than this website, and we cannot guarantee that any such third-party’s website will not change without our knowledge. The inclusion of a link to a third-party’s website in this website is provided only as a convenience and such links are not and do not imply an affiliation, sponsorship, endorsement, approval, investigation, verification, or monitoring by SunPath of any information contained in any such third-party website. If you use any link on this website to access a third-party’s website, you do so at your own risk and subject to the terms of use and privacy policies, if any, of that website.

Message Boards/Bulletin Boards

This website may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, or other types of messages and material to SunPath, this website, or others (“Post” or “Postings”). Postings do not reflect SunPath’s view and SunPath is not obligated to monitor, edit or review any such Postings. SunPath assumes no liability arising from the content of any such Postings nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Postings on this website. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. SunPath will fully cooperate with any law enforcement authorities or court order requesting or directing SunPath to disclose the identity of anyone posting any such information or materials.

Disclaimers

This website is operated by SunPath from its offices in Braintree, MA. Users who access this website from other locations are responsible for compliance with applicable local law.

THE CONTENT AND FUNCTIONALITY ON THIS WEBSITE ARE PROVIDED WITH THE UNDERSTANDING THAT SUNPATH IS NOT THEREBY ENGAGED IN PROVIDING INSURANCE OR INSURANCE SERVICES TO YOU. THE MATERIAL ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY ARTICLES, COMMENTARIES, POSTS, OR BLOGS FROM EITHER SUNPATH OR THIRD-PARTY CONTENT PROVIDERS, DOES NOT CONSTITUTE THE BUSINESS OF INSURANCE OR ITS PROVISION, AND SHOULD NOT BE VIEWED AS SUCH IN ANY MANNER OR FOR ANY PURPOSE. ALL CONTENT AND FUNCTIONALITY ON THIS WEBSITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, ALL OF WHICH ARE HEREBY DISCLAIMED. SUNPATH AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. SUNPATH SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED OR POSTED ON ANY LINKED WEBSITE, OR FOR ANY INFORMATION CONTAINED IN ANY CONTENT PUBLISHED OR POSTED ON THIS WEBSITE, WHETHER PROVIDED BY SUNPATH OR ANY THIRD-PARTY CONTENT PROVIDERS.

NEITHER SUNPATH NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH THIS WEBSITE OR ANY LINKED WEBSITE AND THE CONTENT ON THIS WEBSITE OR ANY LINKED WEBSITE OR FOR ANY CLAIM, LOSS OR INJURY BASED ON ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THIS WEBSITE AND ITS CONTENT OR IN ANY LINKED WEBSITE AND ITS CONTENT, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY. NO USER OF THE gosunpath.com WEBSITE SHALL BE ENTITLED TO RECOVER ANY MONETARY OR OTHER DAMAGES AS A RESULT OF USING THIS WEBSITE.

The disclaimers above apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, or under any other cause of action. You also acknowledge that SunPath is not liable for defamatory, offensive, infringing or illegal materials or conduct by you or any third party. In furtherance and not in limitation of the foregoing, SunPath will not be responsible for any loss or damage that could result from interception by third parties of any information that may be provided by you or made available to you via this website. Some jurisdictions do not allow limitations of liability, so the foregoing limitations may not apply to you.

Indemnity

You agree to defend, indemnify, and hold harmless SunPath and its officers, directors, members, partners, stockholders, affiliates, employees, and agents from and against any loss, damage, expense, liability, claim, action or demand (including, without limitation, reasonable legal and accounting fees) that SunPath or any such person may incur arising from your use of this website, including but not limited to, any claims alleging a breach by you of these Terms of Use. SunPath reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you agree to cooperate with SunPath in its defense of such claim.

Injunctive Relief

You acknowledge that a violation or attempted violation of these Terms of Use will cause such damage to SunPath as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that SunPath shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction restraining such violation or attempted violation of these terms and conditions by you, as well as to recover from you any and all costs and expenses sustained or incurred by SunPath in obtaining such an injunction, including, without limitation, reasonable attorneys’ fees. You agree that no bond or other security shall be required in connection with such injunction.

Comments and Suggestions

We appreciate hearing from users of this website and welcome your comments and suggestions regarding this website, provided that such comments and suggestions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringements of intellectual property rights, or otherwise objectionable or injurious to third parties, and do not contain or consist of viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person, or otherwise mislead us as to the origin of any comment or suggestion. We value your feedback, however, our policies do not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. We therefore request that you be specific in your comments and not submit creative ideas, inventions, suggestions or materials. Any feedback, comments or suggestions that you send to SunPath will (i) constitute an assignment to SunPath of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in any such submission (all of which rights, titles, and interests will be owned by SunPath exclusively), (ii) become the property of SunPath, and (iii) will not be subject to any obligation of confidentiality on the part of SunPath. SunPath is entitled to unrestricted use of any such feedback, comments or suggestions for any purpose whatsoever, commercial or otherwise, without attribution or compensation to you or any other person who submitted such information.

NOT INSURANCE

SunPath administers vehicle service contracts. SunPath itself is not an insurance company, does not insure risk, and does not sell, market, or otherwise provide insurance.

This website, including any Content provided on this website, is made available by SunPath for general informational purposes only, not to provide insurance.

Applicable Law

These Terms of Use will be governed by, construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, without regard to its principles of conflict of laws. Any action you, any third party or SunPath bring to enforce these Terms of Use or that is related to or in connection with this website, shall be brought only in the state or Federal courts located in Suffolk County, Massachusetts and you expressly consent to the jurisdiction of such courts. If any court of competent jurisdiction determines that any provision, or any portion thereof, contained in these Terms of Use is unlawful, void, or is unenforceable in any respect and for any reason, such provision shall be deemed limited to the extent that such court deems it enforceable, and as so limited shall remain in full force and effect. If such court shall deem any such provision, or portion thereof, wholly unenforceable, the remaining provisions of these Terms of Use shall nevertheless remain in full force and effect. These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and SunPath relating to your access to, and use of, this website and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and SunPath with respect to such subject matter.

Modifications

SunPath reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check this page periodically for changes. You agree that each time you visit this website, your visit to and use of this website will be subject to and bound by the then current version of these Terms of Use.

 
© 2017 SunPath Ltd. All rights reserved.

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