Terms & Services

Terms of Use 

 

Last Updated: October 7, 2021

 

These Terms of Use (“Terms”) govern your access to and use of this website (including all content and underlying technology, the “Site”), which is made available by Sunless, Inc. (“Sunless,” “we,” “us,” or “our”).

 

By accessing or using the Site, you agree on behalf of yourself and any company or organization that you represent (together, “you”) that you have read and understand these Terms and our Privacy Policy. If you do not agree with these Terms or our Privacy Policy, do not access or use the Site.

 

We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Site and, by accessing or using the Site after changes are posted, you agree to those changes. Material changes will be prominently posted on the Site or otherwise communicated to you.

 

1. Privacy Policy. We may collect certain information about you and from your use of the Site as described in our Privacy Policy, which is incorporated into and made a part of these Terms. Your use of the Site constitutes your consent to the information collection, use, and sharing described in our Privacy Policy.

 

• Permitted Use. Provided you comply with these Terms, you may access and use the Site solely for your own personal purposes and, in any event, in accordance with all related documentation or restrictions posted on the Site or otherwise provided by Sunless.

• Intellectual Property Rights. The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content are exclusively the property of Sunless or, as applicable, its suppliers and licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property rights belonging to Sunless or any third party is prohibited and may be prosecuted to the fullest extent of the law.

 

Any and all data collected by Sunless or its suppliers, but excluding any personal information, is, as between you and Sunless and to the extent permitted by applicable law, owned exclusively by Sunless. Additionally, any and all anonymized and aggregated data created based on or using personal information is, as between you and Sunless and to the extent permitted by applicable law, owned exclusively by Sunless. You acknowledge and understand that Sunless may, subject to applicable law and without compensation to you, use Sunless-owned data in any manner for its business purposes.

 

No licenses or other rights, express or implied, are granted by Sunless to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Sunless and all such rights are reserved and retained by Sunless.

 

Copyright © 2021 Sunless, Inc. All rights reserved.

 

• Your Warranties. You represent and warrant that:

• You have the authority to enter into these Terms;

• You are at least eighteen (18) years of age or, if you are under the age of eighteen (18), you have reviewed these Terms with your parent or guardian and they understand and have agreed to accept these Terms;

• You are under no contractual obligation that will interfere with your ability to perform under these Terms;

• You will not access or use the Site in any manner not permitted by these Terms;

• You will perform your obligations and exercise your rights under these Terms in compliance with all applicable laws and regulations (including any applicable rules regarding online conduct); and

• All information you provide in connection with your access to or use of the Site is true, accurate, and complete to the best of your knowledge and belief.

• Use Restrictions. You will NOT, nor will you permit any person to:

• Copy, download, reproduce, display, duplicate, sell, publish, disclose, post, license, rent, distribute, reconfigure, reverse-engineer, disassemble, decompile, prepare any derivative works of, discover the underlying ideas behind, discover the source code of, combine with other computer code or materials, translate, adapt, update, or modify the Site or any of its content;

• Obscure, remove, alter, or modify any copyright, trademark, or other proprietary markings, designations, or notices in or on the Site;

• Access or use the Site for unlawful purposes;

• Provide inaccurate, incomplete, or out-of-date information via the Site;

• Create a false identify, hide your true identity, or impersonate or attempt to impersonate any person, business, or Site user other than yourself;

• Commit fraud or falsify information in connection with your use of the Site;

• Engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Site for purposes of creating or compiling that content for any purpose;

• Access or use the Site to develop, create, produce, enhance, or add to any database;

• Access, use, or copy any portion of the Site, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms;
• Use the Site, including any of their content, in any way that infringes on or violates the rights of any other person or entity;
• Send, post, or transmit any unsolicited messages, chain letters, spam, or junk mail using the Site;
• Submit or provide through or using the Site any information or content that is defamatory, libelous, indecent, pornographic, obscene, otherwise objectionable or harmful, or that violates the rights of third parties;
• Post, transmit, input, upload, or otherwise provide any information or materials that contain any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Site or any computers, hardware, software, system, data, or networks;
• Engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult;
• Access, use, or analyze the Site for any purpose that is to Sunless’s detriment or commercial disadvantage; nor
• Act maliciously against the business interests or reputation of Sunless or any Site user.

 

• Orders and Payment. All amounts due for products made available on or ordered using the Site (“Products”) must be made by credit or debit card unless other options are made available to you. If the payment information you submit is incorrect or invalid, your payment will not be processed. We have no responsibility or liability if your credit or debit card is declined by your financial institution. Payments are processed by our applicable third-party payment processor. Information about our collection and use of payment-related information is described in our Privacy Policy.

• Terms of Sale. All Products are subject to this section. These Terms, including this section, constitute the complete and exclusive statement of the terms governing the sale of Products. Your purchase and acceptance of Products as stated below manifest your agreement with this complete and exclusive statement of terms.

 

1. Order Acceptance. Nothing on the Site constitutes an offer, but an invitation to you to make an offer to order products through the Site. All orders are subject to acceptance by Sunless. In addition, there may be certain orders that we cannot accept or must cancel. We reserve the right, in our sole discretion and without liability, to reject or cancel any order not yet shipped for any reason, including the following: limitations on quantities available for order; inaccuracies or errors in product descriptions, images, or pricing information; and problems identified by credit and fraud avoidance services. We may also require verifications, approvals, or other information before considering acceptance of any order. We will contact you if all or any portion of your order is rejected or canceled or if additional information is required to accept your order. An order is deemed accepted when Sunless ships the products ordered, and Sunless will charge your credit or debit card upon such shipment.

 

1. Shipping and Handling; Taxes. Unless otherwise noted, shipping and handling fees will be charged separately and are your responsibility. Sunless charges you for sales, use, and other taxes for products ordered through the Site to the extent required by law.

 

1. Availability. The prices and availability of products made available on the Site may change at any time without notice to you. Prices remain valid while they are listed and offered on the Site. Prices will be as posted on the Site as of the date and time of your order, as applicable. Product colors and measurements are approximate and may vary from the representation in the Site. These differences will not constitute a defect in or noncompliance of any product. Availability of products may be limited and products may not be available for immediate delivery. Sunless makes no guarantees with respect to shipping or delivery dates. Some products may not be available in certain areas. Sunless is not liable for any damages or losses you may suffer as a result of any shipment delays.

 

1. Pricing. Pricing errors may occur on the Site from time to time. Sunless attempts to correct all pricing errors as soon as Sunless becomes aware of an error, but Sunless is not responsible for any pricing or typographical errors on the Site. Sunless reserves the right to cancel any orders containing pricing errors‚ with no further obligations or liability to you‚ even after your receipt of an order confirmation or shipping notice from Sunless. Any payments you make to Sunless for orders that are cancelled due to pricing errors will be refunded.

 

1. Title and Risk of Loss. Title to products will pass to you when you receive the products. Sunless will bear the risk of loss or damage to products while in transit to you.

 

1. Order Cancellations. Order cancellations are at Sunless’s sole discretion. Our goal is to ship orders promptly, so it is often not possible to cancel an order once it has been processed. If you wish to cancel an order, please contact our customer service department at sunless@sunlessinc.com or 888-974-9977 to see if we can change or cancel the order before it ships.

 

1. Return Policy. We do not allow for the return of products unless a product arrives damaged. If you wish to ask about returning a product, please contact our customer service department at sunless@sunlessinc.com or 888-974-9977. Any product returns are solely within Sunless’s discretion.

 

1. No Resale. Resale of Products purchased through the Site is prohibited.

 

1. Product Descriptions. Sunless strives to provide accurate information on Products. However, Sunless does not represent or warrant that product descriptions, technical specifications, or other information are accurate, complete, reliable, or error-free. In the event that there is any conflict between the content of the Site and product descriptions, technical specifications, or other information provided in any Sunless purchase order or order confirmation, the Sunless purchase order or order confirmation will control.

 

1. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS MAY BE EXPRESSLY PROVIDED IN A WRITTEN WARRANTY DOCUMENT ACCOMPANYING A PRODUCT, ALL PRODUCTS ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PRODUCTS (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT, AS WELL AS ANY ARISING BY OPERATION OF LAW OR FROM A COURSE OF DEALING OR USAGE IN TRADE. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR IN ANY MANNER FROM THE SITE CREATES ANY WARRANTY.

 

1. User-Generated Content. The Site may allow you to provide User-Generated Content. “User-Generated Content” means all information, images, messages, documents, and other content submitted to, posted on, otherwise provided via or using the Site by you. You, alone, are responsible for all User-Generated Content that you provide and for the legality, originality, and appropriateness thereof. You understand and acknowledge that certain features of the Site may allow or require User-Generated Content that you provide to be made available, including publicly available, to other Site users and that, accordingly, those other users may be able to access and use that User-Generated Content.

 

By providing User-Generated Content you represent and warrant that you are the creator and owner of that User-Generated Content or that you otherwise have the full ability and all legal rights, permissions, and consents necessary to provide that User-Generated Content as contemplated by these Terms. Subject to the right and license granted to Sunless below, you retain any copyright or other intellectual property rights you may have in User-Generated Content that you provide.

 

If you provide User-Generated Content, you agree to grant and you hereby grant Sunless a perpetual, irrevocable, transferable, assignable, sublicensable, royalty-free, fully paid-up, worldwide right and license to copy, modify, adapt, reformat, reorganize, translate, excerpt, prepare derivative works of, store, publish, perform, display, license, exploit, and otherwise use and distribute, in any and all media and distribution methods now known or later developed, that User-Generated Content for Sunless’s own business purposes (including without limitation aggregation and analytics and the marketing and development of products and services). Notwithstanding the foregoing, we will use and disclose personal information only to the extent permitted by applicable law.

 

Sunless reserves the right, but does not have the obligation, to, at any time and for any reason: review, prescreen, edit, redact, otherwise modify, reorganize, or recategorize User-Generated Content; delete User-Generated Content from the Site; and archive or otherwise store any User-Generated Content. Sunless reserves the right to impose limits on Site features (e.g., the ability to provide User-Generated Content) and to restrict your access to all or parts of the Site at any time for any reason, including any breach of these Terms. You understand that, even after removal or deletion, User-Generated Content you have provided may remain viewable to and may have been copied or stored by other Site users and members of the public.

 

1. Copyright Policy. We respect the intellectual property rights of others and we ask that Site visitors do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), located at 17 U.S.C. § 512, and other applicable laws (to the extent the DMCA and such other laws apply), we strive to expeditiously remove any infringing material from the Site if we become aware of the same. If you believe that anything on the Site infringes any copyright that you own or control, please provide our designated agent with a notice that contains the following information:

 

• A description of the copyrighted work(s) that you claim have been infringed;

• A description of the allegedly infringing material, including its location on the Site;

• 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;

• Your email address, telephone number, and mailing address;

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and

• An electronic or physical signature of a person authorized to act on behalf of the copyright owner.

 

Your notice must meet the then-current requirements implemented by the DMCA  (or other applicable law). Contact information for our designated agent for notice of claims of copyright infringement is:

 

Marketing Department

8909 South Freeway Dr.

Macedonia, Ohio 44056

Phone: 440-836-0199

marketing@sunlessinc.com

 

• Termination of Access. Sunless may, for any reason and in its sole discretion, suspend, deactivate, or terminate your use of the Site, and may terminate these Terms, without notice or liability, including if you breach these Terms or any related agreement with Sunless, if you act in an abusive manner, or if you act in a manner inconsistent with applicable laws or regulations.

• Site Availability; Changes to the Site. Any features, materials, products, or services made available through the Site are subject to availability. Sunless may change the Site, including features, materials, products, and services made available through the Site, at any time without notice or liability.

• DISCLAIMER OF WARRANTIES. THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUNLESS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT, AS WELL AS ANY ARISING BY OPERATION OF LAW OR FROM A COURSE OF DEALING OR USAGE IN TRADE. YOUR USE OF THE SITE IS AT YOUR OWN RISK.

 

SUNLESS DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE, NOR DOES SUNLESS WARRANT OR GUARANTEE THAT ANY DATA, INFORMATION, OR MATERIAL ON THE SITE IS ACCURATE OR RELIABLE. SUNLESS DOES NOT WARRANT OR GUARANTEE THAT AVAILABILITY OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. SUNLESS IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON OR RELATED TO THE SITE. SUNLESS HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION.

 

WE DO NOT WARRANT OR ENDORSE ANY USER-GENERATED CONTENT. ALL USER-GENERATED CONTENT IS SOLELY THE RESPONSIBILITY OF THE PERSON WHO PROVIDED THAT USER-GENERATED CONTENT.

 

WE MAKE NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS OR USE THE SITE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS.

 

NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM SUNLESS OR IN ANY MANNER FROM THE SITE CREATES ANY WARRANTY.

 

1. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SUNLESS, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, LICENSORS, SUCCESSORS, OR ASSIGNS (TOGETHER, THE “SUNLESS PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE PRODUCTS, OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE (INCLUDING WITHOUT LIMITATION THE PROVISION OF PERSONAL INFORMATION AND ANY RELIANCE ON DATA PROVIDED ON OR ACCESSED USING THE SITE), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A SUNLESS PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE OR, WITH RESPECT TO OUR PRODUCTS AND IF ELIGIBLE, TO REPLACEMENT OF THE APPLICABLE PRODUCT OR, AT SUNLESS’S OPTION, REFUND OF THE PRICE PAID FOR THE APPLICABLE PRODUCT.

 

WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE SUNLESS PARTIES’ LIABILITY TO YOU EXCEED U.S.D. $20, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

1. Indemnification. You will indemnify, defend, and hold harmless the Sunless Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including reasonable attorneys’ fees) that arise out of or in connection with (a) your access to or use of the Site, (b) your misuse of or reliance on any content, material, data, or information viewed or otherwise accessed or obtained from or using the Site, (c) your order or use of Products, (d) your submission of information through or using the Site, (e) your violation of or noncompliance with applicable laws or regulations, (f) your breach of these Terms or any related agreement with Sunless, or (g) your negligence, willful misconduct, or fraud. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.

 

• Confidentiality. To the extent you obtain or otherwise have access to any business information or other confidential information of Sunless, you agree not to use any such confidential information for any purpose except as necessary to perform under these Terms and not to disclose any such confidential information except to your employees who have a need to know for purposes of performing your obligations under these Terms. Upon any termination of these Terms and at our request at any time, you will promptly destroy all of our confidential information in your possession, custody, or control, including deleting or rendering unusable all electronic files and data that contain such information.

 

1. Third-Party Websites and Site. The Site may link to, or be linked to, websites and services not maintained or controlled by Sunless. Those links are provided as a convenience and Sunless is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party website or services or any products or services made available through those websites or services. Please take care when leaving the Site to visit a third-party website or service. You should read the terms of use and privacy policy for each website and service that you use.

 

1. Linking to the Site. If you operate a website and are interested in linking to the Site: (a) you must notify us prior to linking to the Site; (b) the link must be a text-only link unless you request a graphic badge from Sunless, in which case you may use any graphic badge provided by Sunless to link to the Site, and, in any case, the link must be clearly marked; (c) the link and its use must be in connection with a website of appropriate subject matter; (d) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with Sunless’s names or trademarks; (e) the link and its use must not create the false appearance that any content, program, person, or entity is associated with, affiliated with, sponsored by, or endorsed by any Sunless Party; and (f) the link, when activated by a user, must display the Site full-screen and not within a frame or mirror. Sunless reserves the right to revoke consent to link to the Site at any time in its sole discretion, either by amending these Terms or through other notice.

 

1. Feedback. Sunless welcomes comments regarding the Site. If you submit comments or feedback regarding the Site, they will not be considered or treated as confidential. Excluding any components consisting of personal information and except as may be prohibited by law, we may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

 

1. Governing Law; Dispute Resolution. These Terms are governed by the laws of the state of Ohio, without regard to its conflict of law principles, and, as applicable, the federal laws of the United States. Venue is exclusively in the state or federal courts, as applicable, located in Ohio with respect to any dispute arising under these Terms unless otherwise determined by Sunless in its sole discretion. The parties expressly agree to the exclusive jurisdiction of those courts. If there is a dispute, the prevailing party will be entitled to recovery of its costs and expenses, including reasonable attorneys’ fees. You will not bring any action or other claim with respect to the Site or these Terms more than one (1) year after the claim arises.

 

1. Relationship of the Parties. Sunless is an independent contractor. These Terms do not create any agency, partnership, joint venture relationship, other form of joint enterprise, employment, or fiduciary relationship between the parties, their affiliates, or their respective employees, contractors, or agents. Neither party has any authority to contract for or bind the other party in any manner or make any representation or commitment on behalf of the other party.

 

1. Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You will not assign these Terms without our prior written consent. Any attempted assignment by you without our prior written consent will be void. Subject to the foregoing, these Terms are binding upon and inure to the benefit of the parties’ respective successors and assigns.

 

1. Entire Agreement; Interpretation. These Terms, including our Privacy Policy, are the entire agreement between you and Sunless with respect to your access to and use of the Site, including your order of products using the Site. Sunless’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Sunless.

 

If any provision of these Terms is held to be invalid or unenforceable in any jurisdiction, that provision will be ineffective in that jurisdiction to the extent of the invalidity or unenforceability, without invalidating any other provision of these Terms. The headings in these Terms are for convenience only and will not affect the construction or interpretation of these Terms.

 

These Terms do not confer any rights, remedies, or benefits upon any person other than you and Sunless.

 

Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Site.

 

1. Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and Sunless may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of these Terms and all notices, consents, and other communications for your reference.

 

1. Contact Us. If you have any questions and concerns regarding these Terms or the Site, please contact us at:

 

sunless@sunlessinc.com

888-974-9977

8909 South Freeway Dr. Macedonia, OH 44056