TERMS OF USE
This Services Agreement (“Agreement”) is a legal agreement between New Sun Wellness (“us”, or “we”) and the entity or person (“you”, “your”, or “user”) utilizing our service. We provide a web-based service and web content for property buyers, sellers, renters, agents and others (the “Services”). In addition, we integrate our Services with certain mobile applications that may be provided by ourselves or by third parties (each an “App”) These Terms of Use govern your use of our Services whether accessed via the Site or via an App. In addition, use of our Services via an App is subject to additional guidelines, terms, or rules, which will be posted on the App and at Google Play or the Apple Store in connection with the App (“Supplemental Terms”). All Supplemental Terms are incorporated by reference into these Terms. The Terms of Use and Privacy Policy for any use of the Services accessed via an App are available here.
By accessing or using the Services (whether via an App or via the Site) you are accepting these Terms (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the authority and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). You may not access the Services if you are not at least 18 years old. If you do not agree with all of the provisions of these Terms, do not access and/or use the Site, any App, or the Services.
1. New Sun Wellness CONTENT. The materials, information and content made available or displayed on the Site or any App or sent to you through the Services, and any derivative works thereof, whether made by us or you, (collectively, "Content") are proprietary to us or our licensors and should be considered our confidential information. Subject to these Terms, including any Supplemental Terms , we hereby grant you a limited, non-exclusive, non-transferable license to view, use, download and print the Content solely for your personal, informational, non-commercial and internal review and solely in accordance with these Terms. You may not: (i) use the Content or any part thereof to develop products or technologies similar to the products of New Sun Wellness; (ii) reproduce, republish, modify or alter the Content; (iii) distribute or sell, rent, lease, license or otherwise make the Content available to others; or (iv) otherwise remove any text, copyright or other proprietary notices contained in the Content. Any copy of the Content or portion thereof must include all copyright notices, information, and restrictions contained in, or attached to, any of the Content, and you must abide by the foregoing notices and restrictions. To request certain Content, you may be required to provide us with your contact information, including your email address. We may, in our sole discretion, then send you such Content in a format we determine in our sole discretion. You agree to only provide us with true, accurate, current and complete information in such request. We reserve the right to reject your request and refuse to send you our Content. We are not responsible to ensure, and disclaim any responsibility for your ability to open, use or view the Content we send you pursuant to your request. As between you and us, we retain all right, title and interest in and to the Content, and all related intellectual property rights. We reserve all rights not granted in these Terms. You will immediately notify us in the event of any loss or unauthorized disclosure of any Content. Upon our written request, or your termination of these Terms, you must promptly delete or destroy all documents and other tangible materials representing any Content and all copies thereof. Different partners may use the functionality of their own application (“Third Party App”) to provide you with the Content. You agree that the entity providing that particular App is solely responsible for the Third Party App and not New Sun Wellness and that you shall look only to that entity to resolve any dispute regarding your use of that Third Party App, including any use of our Content. All offers, images, information, questions, comments, statements, and other content provided by the Third Party App (“Partner Content”) are owned by the entity providing such Partner Content. You agree that the provider of any Partner Content is solely responsible for such Partner Content and that you may be exposed to Partner Content that is offensive, indecent or objectionable to you, including questions related to political activities with which you may not agree.
2. GENERAL RULES OF USER CONDUCT. It is our goal to make access to our Site, Apps, and Services a good experience for all of our users. You agree not to, and represent and warrant that you will not, reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, Apps, or Services, use of the Site, Apps, or Services or access to the Site, Apps, or Services for any purposes other than for which the Site, Apps, or Services are being provided to you, or do any of the following:
Conduct or promote any illegal activities while using the Site, Apps, or Services;
Upload, distribute or print anything that may be harmful to minors;
Violate the rights of any third party, including any intellectual property rights;
Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
Attempt to gain access to secured portions of the Site, Apps, or Services to which you do not possess access rights;
Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
Use the Site, Apps, or Services to generate unsolicited email advertisements or spam;
Use the Site, Apps, or Services to stalk, harass or harm another individual;
Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site, Apps, or Services (including without limitation robots, spiders or scripts);
Interfere in any way with the proper functioning of the Site, Apps, and Services or interfere with or disrupt any servers or networks connected to the Site, Apps, or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site, Apps, or Services;
Use any robot, spider, other automatic device, or manual process to extract, "screen scrape," monitor, "mine," or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission;
Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.
You may be able to post your ideas, comments or content to the Site, including a response to one of our blogs. When doing so You represent and warrant that You will not post or use any content that:
Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
Violates the privacy, publicity, or other rights of third parties or any other law, statute, ordinance or regulation;
Is false or inaccurate or becomes false or inaccurate at any time;
Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;
Misrepresents the source of the Content;
Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others, insider information or material, non-public information;
Misrepresents Your identity in any way;
Contains any viruses, Trojan horses, spyware, malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
Advocates or encourages any illegal activity; or
Has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.
3. PAYMENT TERMS. If you purchase any Service through the Site, you agree to pay any fees set forth at check-out. We utilize a third party (“Payment Provider”) to process payments. You must provide our Payment Provider with a valid credit card (Visa, MasterCard or any other issuer accepted by us) as a condition to such transactions. The Payment Provider’s policies govern the processing of your payment, and you must refer to those policies and not these Terms to determine your rights and liabilities. By providing your credit card number and associated payment information through the Site and Service, you authorize us through our Payment Provider to immediately invoice you for all fees and charges due and payable to us hereunder, and you agree that no additional notice or consent is required. We reserve the right at any time to change our payment terms, either immediately upon posting on the Site, by email delivery to you or any other reasonable method of communication.
4. TAXES. The service fees are net of any applicable sales tax. If the fees are subject to Sales Tax in any jurisdiction, you will be responsible for payment of such Sales Tax, and any related penalties or interest and will indemnify us for any liability or expense we may incur in connection with such Sales Taxes. For purposes of these Terms, “Sales Tax” will mean any sales or use tax, and any other tax measured by sales proceeds, that we are permitted to pass to you that is (a) the functional equivalent of a sales tax and (b) the applicable taxing jurisdiction does not otherwise impose a sales or use tax. We may automatically charge and withhold such taxes within any jurisdictions that it deems is required.
8. FEEDBACK. In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to New Sun Wellness, the Site or the Services (collectively "Feedback"), you agree we may use the Feedback to modify our products and services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
9. PRIVACY. We know that your privacy is important. For this reason, we have created a privacy policy that describes our collection, use and disclosure practices regarding any personal information that you provide to us. The security of your personal information is important to us. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to help ensure the safety of your personal information. However, you understand and agree that such steps do not guarantee that the Site and the Services are invulnerable to all security breaches or immune from viruses, security threats or other vulnerabilities.
10. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND APP AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY) ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY USER OF THE SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED, IN AGGREGATE, TO ONE HUNDRED DOLLARS (U.S. $100.00).
11. INDEMNIFICATION. You agree to indemnify, defend and hold harmless New Sun Wellness, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the Content, Site, or Services; (ii) your violation of the Agreement, (iii) your violation of any rights of any other person or entity; or (iv) any viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into the Site, Apps, or Services.
15. NOTICE; VIOLATIONS. We may give notice to you by email, a posting on the Site, or other reasonable means. You must give notice to us in writing via email to humming.b9765@gmail.com or as otherwise expressly provided. Please report any violations of the Agreement to humming.b9765@gmail.com
16. PRODUCT CLAIMS. New Sun Wellness and you acknowledge that New Sun Wellness, not Apple or Google, is responsible for addressing any claims of you or any third party relating to App or your possession and/or use of App, including, but not limited to: (a) product liability claims; (b) any claim that App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. This Agreement does not limit New Sun Wellness’s liability to you beyond what is permitted by applicable law. You acknowledge and agree that the applicable Partner and not New Sun Wellness, is responsible for addressing any claims of you or any third party relating to any Partner Content, including, but not limited to: (a) product liability claims; (b) any claim that App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.