We welcome all users to the SunKing Co. website, www.SunKingCo.com (DBA SunKing Co). Throughout the terms of use “SunKing”, “website, “we”, “us” and “our” refer to SunKing Co. SunKing offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our website and/or purchasing something from us, you engage in our “Terms of Use” and agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content.

 

Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the website or any other SunKing website, you agree to be bound by these Terms of Use.  If at any time you no longer agree to be bound by these terms, you should immediately cease use of this site.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

Online Store Terms

 

By agreeing to these Terms of Use, you represent that you are at least 18 years of age and you have given us your consent to allow any of your dependents (“Minors”) to use this website. Minors under the age of 18, should read our privacy policy available on our website.  Our privacy policy explains our practices regarding the collection, use, and disclosure of personal information from users and Minors who register on the website and describes a parent's or guardian's (each, a “Parent”) ability to limit the collection and use of data collected from the Minor.  If you are a Minor, your parent or legal guardian must agree to these Terms of Use on your behalf and you may register an account or shop on the website with permission from your parent or legal guardian.  Individuals may use many aspects of the website without providing any personal information. 

 

We strive to create a safe, positive and pleasurable user experience on our website. We expect you as a user to be responsible for your use of the website, and for any use of the website made using your account.

 

Prohibited Uses

 

We prohibit the use of our products for any illegal or unauthorized purpose or the violation of any laws in your jurisdiction, in the use of the service (including but not limited to copyright laws).  When you use the website you must not violate any law or regulation or; (a) violate, infringe, or misappropriate other people’s intellectual property, privacy publicity, or other or legal rights; (b) post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable; (c) send unsolicited or unauthorized advertising or commercial communications, such as spam; (d) engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the website; (e) transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems; (f) stalk, harass, or harm another individual; (g) impersonate any person or entity or perform any other similar fraudulent activity, such as phishing; (h) use any means to scrape or crawl any Web pages contained in the website; (i) attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the website; (j) attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the website; (k) advocate, encourage, or assist any third party in doing any of the foregoing.

 

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

Accuracy, Completeness and Timeliness of Information

 

We are not responsible if information made available on this website is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.

 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

 

Modifications to the Service and Prices

 

Prices for our products are subject to change without notice.  We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

Products or Services

 

SunKing attempts to be accurate in describing its products. We do not warrant that product descriptions or other content of the website are complete, reliable, current, or error-free.  Unless otherwise stated, the prices displayed at the website are quoted in U.S. Dollars

 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

 

Accuracy of Billing and Account Information

 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

For more details, please review our Returns Policy.

 

User Profile Information

 

When setting up a user profile, SunKing will require you to provide a password, username, or other information such as your name and email address. You agree and represent that all of the information you provided is accurate and up-to-date. You are solely responsible for keeping your login information current and confidential.  You may not transfer, sell, or assign or sub-license your user profile to any third party without our prior written approval. You are solely responsible for all your individual usage or activity on the website including, but not limited to, use of the website by any person who uses your user profile, with or without authorization. You agree to notify SunKing of any breach of security on your account. SunKing will not be liable for losses incurred as a result of an unauthorized use of a password, or user profile.

 

You are responsible for the protection of the password that you use to access the website and for any activities or actions under your password. We encourage the use of “strong” passwords with your account.

 

Your submission of personal information through the store is governed by our Privacy Policy. Please view our Privacy Policy.

 

Optional Tools

 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

 

Third Party Links

 

Certain content, products and services available via our Service may include materials from third-parties.

 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

User Comments, Feedback and Other Submissions

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

Trademarks

 

SunKing, is a registered trademark.  All rights in such names are reserved.

 

All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all SunKing or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to SunKing or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the website confers on you any license or right under any trademark of SunKing or any third party.

 

Copyright

 

Except for your User Content (defined below), all copyright rights in the text, images, photographs, graphics, user interface, music and other content provided on the website, and the selection, coordination, and arrangement of such content, are owned by SunKing or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the website for any purposes. Nothing stated or implied on the website confers on you any license or right under any copyright of SunKing or any third party.

 

The website and the information contained on it are for your personal, non-commercial use only. Except as otherwise specifically permitted in these Terms of Use, you will not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the website, or use the contents of the website in litigation, or for any commercial or promotional purposes, without the express written consent of SunKing or its lawful successors and assigns.

 

Forums

 

As used in these Terms of Use, “Forum” means an area, site, or feature (such as chat rooms, bulletin boards, SunKing pages on social media sites, and e-mail or instant messaging features) offered as part of the website that enables visitors to submit, display and/or view content and/or to communicate, share or exchange content with other website visitors and members of the general public. Any submission may be routed through our servers, third party servers on our behalf, and the Internet (where it may be viewed by the general public), so you have no expectation of privacy for any submitted content. Since we cannot guarantee security of information on a Forum, your use is at your own risk.

 

We are not responsible for the accuracy of any user content contained in any Forum or otherwise on our website.

 

User Content

 

The website allows you to upload, submit, store, send, or receive content and data (“User Content”) such as through a Forum or a contest or sweepstakes.  You retain ownership of any intellectual property rights that you hold in that User Content.  In other words, you own your User Content.

When you upload, submit, store, send, or receive User Content to or through the website, you give us permission to reproduce and use your User Content as follows:  you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Site and Services), publicly perform, publicly display, and distribute your User Content.  This license is for the purpose of operating, promoting, and improving the website, to promote SunKing, as well as for other purposes that SunKing may determine in its sole discretion.  Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes.  This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content.  We may exercise our rights under this license anywhere in the world.  Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the website.  

 

You promise that you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

 

By submitting User Content, in addition to any other grants which may be granted in any other agreement entered into between you and SunKing and if you provide such information or content to SunKing, you irrevocably grant SunKing and its successors, assigns, and licensees, the right to use your name, likeness, image, and biographical information in any and all media for any purpose, including, without limitation, advertising and publicity purposes, as well as in connection with the website and hereby release SunKing from any liability with respect thereto.

 

We may refuse to accept or transmit User Content for any reason.  We may remove User Content from the website for any reason.

 

Your Responsibilities

 

You agree to comply with all applicable laws in connection with your use of the website, and any further limitations as may be set forth in any written or on-screen notice from SunKing. As a condition of your use of the website, you warrant that you will not use the website for any purpose that is unlawful or prohibited by these Terms of Use. All information that you provide in connection with a purchase or transaction or other interaction with the website or any Co-branded website will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other interaction with SunKing or any Co-branded website at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other interactions.

 

By using the website, you agree not to violate or attempt to violate the security of the website, including, by way of illustration but not limitation, actions like accessing data not intended for you or logging into a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" the website; sending unsolicited email, including promotions and/or advertising of products or services; and forging any TCP/IP packet header or any part of the header information in any email or posting.

 

Errors, Inaccuracies and Omissions

 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.

 

Disclaimer of Warranties; Limitation of Liability

 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.  We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.  You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

In no case shall SunKing, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

You understand and agree that any material or information downloaded or otherwise obtained through the use of the website is done at your own risk and that you will be solely responsible for any damage arising from doing so.  No advice or information, whether oral or written, obtained by you from us or through the website will create any warranty not expressly made in these Terms of Use.

 

Indemnification

 

You agree to indemnify, defend and hold harmless SunKing and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

Risk of Loss

 

All products purchased from the website are transported and delivered to you by an independent carrier not affiliated with, or controlled by, SunKing. Title to products purchased on the website, as well as the risk of loss for such products, pass to you when SunKing delivers these items to the carrier. Any material downloaded or otherwise obtained through the use of the website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

 

Complaints

 

You agree that you shall immediately notify SunKing in writing of any objectionable content appearing on the website. SunKing will make good faith efforts to investigate allegations that any content violates these Terms of Use but (i) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Content, whether or not subject to such allegations, and (ii) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Content whatsoever.

 

Severability

 

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Termination

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

Entire Agreement

 

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.  These Terms of Use and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).  Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

 

Miscellaneous Provisions

 

SunKing may discontinue the website at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the website at any time for any reason, without notice. We may discontinue or restrict your use of the website at any time for any reason, without notice.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and SunKing as a result of these Terms of Use or your use of the website. Nothing contained in these Terms of Use will take away from SunKing rights to comply with governmental, court, and law enforcement requests or requirements relating to your use of the website or information provided to or gathered by SunKing with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

The failure of SunKing to enforce any provisions of these Terms of Use or respond to a breach by you or other parties will not in any way waive its right to enforce subsequently any terms or conditions of these Terms of Use or to act with respect to similar breaches.

 

If any provisions in these Terms of Use are invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

 

These Terms of Use represent the entire and final agreement regarding our website and any forum content, and supersedes any prior or contemporaneous communications between SunKing and you regarding our website and its contents.  All rights not expressly granted to you in these Terms of Use are reserved to SunKing.

 

Contact Information

 

Questions about the Terms of Use should be sent to us at info@sunkingco.com

 

These Terms of Use were last updated on February 3, 2016.