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March 10, 2010 |
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TERMS OF USE
Disclaimer
Limitations of Liability
Restrictions of the Use of Materials
Disclaimer of Duty to Continue to Provide Data
Third Party Links
Personal and Non-Commercial Use Limitation
Information Provided By You
Typographical Errors
Governing Laws
International Users and Choice of Law
Indemnification
Welcome to the Sun State International Trucks, LLC ("Sun State") website, sunstateintl.com. The information provided on this website is for general informational and educational purposes.
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING sunstateintl.com. By accessing or using sunstateintl.com, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms, you should not access sunstateintl.com. Sun State reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Your continued use of sunstateintl.com after any changes to this Agreement have been posted will be considered acceptance of those changes.
DISCLAIMER
The materials presented at sunstateintl.com are provided "as is" and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Sun State disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Sun State does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that sunstateintl.com or the server that makes it available are free of viruses or other harmful components. Sun State does not warrant or make any representations regarding the use or the results of the materials on sunstateintl.com in terms of their correctness, accuracy, reliability, or otherwise. You (and not Sun State) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
LIMITATION OF LIABILITY
Under no circumstances, including but not limited to negligence, shall Sun State be liable for any special or consequential damages that result from the use or incorrect use of, or the inability to use, the materials presented on sunstateintl.com or any linked website, even if Sun State or an authorized representative of Sun State has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Sun State's total liability to you for all damages, losses, and causes of action (whether in contract tort - including, but not limited to, negligence - or otherwise) exceed the amount paid by you, if any, for accessing this site.
RESTRICTIONS ON USE OF MATERIALS
No material from sunstateintl.com may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Materials may be downloaded on any single computer for personal, non-commercial use only, providing all copyright and other proprietary notices are kept intact. Modification of the materials or use of the materials for any other purpose is a violation of Sun State's copyright and other proprietary rights. For purposes of this Agreement, the use of any such material on any other website is prohibited. All trademarks, service marks, and trade names are proprietary to Sun State, International Truck & Engine Corporation, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. All other brands and product names are trademarks or registered trademarks of their respective companies. Sun State neither warrants nor represents that your use of materials displayed on the site will not infringe rights of third parties not owned by or affiliated with Sun State.
Adobe®, Acrobat® and Reader® are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries. For further details please see http://www.adobe.com.
DISCLAIMER OF DUTY TO CONTINUE TO PROVIDE DATA
Due to the dynamic nature of the Internet, resources that are free and publicly available one day may require a fee or may have access restricted the next, and the location of items may change as menus, homepages, and files are reorganized. Sun State will use reasonable efforts to include accurate and up-to-date information on sunstateintl.com. Changes may be periodically made to the information; these changes may or may not be incorporated into sunstateintl.com. Sun State may terminate, change, suspend or discontinue any aspect of sunstateintl.com, including the availability of any features, at any time. Sun State may also impose limits on certain features and services or restrict your access to parts or all of sunstateintl.com without notice or liability. If you have obtained information from sunstateintl.com web pages from a source other than sunstateintl.com directly, be aware that electronic data can be altered after its original distribution. The content, documents and related graphics published on this site could contain technical inaccuracies or typographical errors.
THIRD PARTY LINKS
In an attempt to provide increased value to our visitors, sunstateintl.com contains links to other websites on the Internet that are owned and operated by third parties. Even if the third party is affiliated with Sun State, Sun State has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Sun State. Sun State has no responsibility or liability for these independent policies and is not responsible for the practices or the content of such websites; therefore, you access them at your own risk.
These links are provided as an information service only. It is the responsibility of the user to evaluate the content and usefulness of information obtained from other sites. Any opinion, advice, statement, service, offer, information, or content expressed or made available by a third party is that of the third party and does not necessarily reflect that of Sun State. Links do not imply that Sun State sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, logo or other copyrighted materials displayed on or accessible through such sites.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
As a condition of your use of sunstateintl.com, you promise and agree that you will not use sunstateintl.com or Sun State company information for any purpose that is unlawful or prohibited by these terms and conditions. You may not upload to, distribute, or otherwise publish through sunstateintl.com any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on sunstateintl.com or use sunstateintl.com to solicit others to join or become members of any other commercial online service or other organization.
INFORMATION PROVIDED BY YOU
Any personally identifiable information you may provide to Sun State via sunstateintl.com is protected by the Privacy Policy associated with sunstateintl.com.
TYPOGRAPHICAL ERRORS
In the event a Sun State product or service is listed at an incorrect price due to typographical error or error in pricing information, Sun State shall have the right to refuse or cancel any orders placed for the product or service listed at the incorrect price. Sun State shall have the right to refuse or cancel any such orders whether or not the order has been confirmed.
GOVERNING LAWS
This agreement shall be governed by and construed in accordance with the laws of THE STATE OF FLORIDA, without giving effect to any principles of conflicts of law. 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 is the entire agreement between the parties relating to the subject matter herein and shall not be modified, except in writing signed by both parties.
INTERNATIONAL USERS AND CHOICE OF LAW
Sunstateintl.com is owned and operated by Sun State International Trucks, LLC ("Sun State") from its offices within the United States of America. Its contents are intended to comply with the laws and regulations in the U.S. Although the information on sunstateintl.com is accessible to users outside of the U.S., the information pertaining to Sun State products is intended for use only by residents of the U.S. Sun State makes no representation that materials at sunstateintl.com are appropriate or available for use at locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use or export the materials in violation of U.S. export laws and regulations. If you access sunstateintl.com from locations outside of the United States, you are responsible for compliance with all local laws. These Terms of Use shall be governed by the laws of THE STATE OF FLORIDA, without giving effect to its conflict of laws provisions.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Sun State, its officers, directors, employees, agents, licensors and suppliers 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 Internet account (including negligent or wrongful conduct), by you or any other person accessing sunstateintl.com using your Internet account.
Last updated: November 2006
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