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Terms of Use
Sullivan Corporation, Inc. ("Sullivan Corporation") offers you a wide range of content, communication tools, and information about its products and services ("Materials") via www.sulli.com (the "Web site"). By using this Web site, you are agreeing to accept and comply with the terms and conditions of use as stated below. From time to time, Sullivan Corporation may revise these Terms of Use and/or may alter, add to, or delete portions of, the Web site. If you use the Web site after any such change(s), you will be deemed to have agreed to comply with, and be bound by, the revised Terms of Use. You agree that Sullivan Corporation may, at its sole discretion, terminate your access to this Web site at any time without notice.
1. Limited Right to Use. This Web site is owned and operated by Sullivan Corporation. Unless otherwise specified, all Materials on this Web site are the property of Sullivan Corporation and are protected by the copyright laws of the United States and throughout the world. You may use, view, print, and/or download the Materials from this Web site solely for your personal, informational, or non-commercial use within your organization, provided you keep intact all copyright and other proprietary notices. No Materials published by Sullivan Corporation on this Web site, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from Sullivan Corporation. The use of any such Materials on any other Web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark, and other similar laws.
2. Your Account. You represent and warrant that all information you provide on the Web site in establishing your account is true, accurate, current and complete, and you agree to update such information to keep it current. It is your responsibility to maintain the confidentiality of your account and password, to restrict access to your computer, and to monitor all activities that occur under your account or password, as you are responsible for all such activities. <br>
3. Use of Your Information. You agree that Sullivan Corporation may use and/or disclose your personal information obtained on the Web site or by other means in the manner set forth in Sullivan Corporation's Privacy Policy, which is incorporated by reference as if fully set forth in these Terms of Use.
4. Communications With Sullivan Corporation/Internet As An Open Network. Sullivan Corporation may send e-mails to you for purposes Sullivan Corporation deems are appropriate, including to alert you of changes or additions to this Web site, or about Sullivan Corporation's products or services. You consent to receive communications from Sullivan Corporation via e-mail. In addition, you agree that all agreements, notices, disclosures and other communications that Sullivan Corporation provides to you electronically satisfy any legal requirement that such communications be in writing.
Your communications with Sullivan Corporation via the Web site, e-mail and/or telephone may be recorded or monitored. In the event you communicate with Sullivan Corporation by such means, you are consenting to such recording or monitoring.
Computer viruses can be transmitted via e-mail, attachments to e-mails and imbedded links. Although Sullivan Corporation believes that its e-mails do not contain any viruses, it is your responsibility to make certain that any e-mail you open does not contain viruses. Sullivan Corporation is not responsible for any loss or damage arising in any way from the receipt, use, storage or transmission of e-mails to or from Sullivan Corporation or otherwise. If Sullivan Corporation forwards an e-mail or replies to a prior e-mail, the contents may have been produced by someone other than Sullivan Corporation for which Sullivan Corporation is not liable. Sullivan Corporation disclaims any representation or warranty that Sullivan Corporation's e-mails are free from any viruses or other errors.
The internet is an open network. While certain designated areas within the Web site may currently or in the future employ technology to attempt to secure your data and/or the transmissions between you and Sullivan Corporation, Sullivan Corporation cannot provide assurances of any nature or guarantee in any way that such data or transmissions (sent or received) are secure, error or virus free, not corrupted, incomplete and/or that they will not be lost, misdelivered, destroyed, delayed or intercepted, decrypted or otherwise misappropriated by others. By using this Web site and the internet, you expressly assume all risks identified in the preceding sentence, and you expressly agree that Sullivan Corporation shall have no liability of any nature for, or arising in any way from, any such risks.
5. Restrictions on Purchases. Sullivan Corporation has the right and authority to refuse and/or limit any order, including limiting the quantities purchased on one order, by one person, from the same billing or shipping address or placed by or under the same customer account or the same credit card. If Sullivan Corporation makes a change to an order, Sullivan Corporation will attempt to notify you of the change.
6. Links to Other Sites. Any linked sites are not under the control of Sullivan Corporation, and Sullivan Corporation is not responsible for the content of any linked site or any link contained in a linked site. Sullivan Corporation reserves the right to terminate any link or linking program at any time, unless Sullivan Corporation otherwise agrees in writing. Sullivan Corporation may provide links from this Web site to other sites as a convenience to customers and in no way should this be interpreted as an endorsement of any company, content, products, or services to which it links. If you decide to access any of the third party sites linked to this Web site, you do this entirely at your own risk.
7. Trademarks. The trademarks, service marks, and logos of Sullivan Corporation and others used in this Web site ("Trademarks") are the property of Sullivan Corporation and their respective owners. You have no right to use any such Trademarks, and nothing contained in this Web site or the Terms of Use grants any right to use any Trademarks without the prior written permission of Sullivan Corporation or the respective owner.
8. Indemnity. You shall indemnify, defend and hold harmless Sullivan Corporation, its affiliates, vendors and licensors, and their respective owners, officers, directors, managers, employees, agents, representatives, successors and assigns (collectively, the "Indemnified Persons") from and against any and all liabilities, claims, actions, losses, damages, injuries, costs and expenses, including legal fees and court and/or arbitration costs, arising out of or resulting from (i) your use of the Web site or the Web site Materials; (ii) your breach, violation of, or failure to comply with, the Terms of Use or any applicable law, rule or regulation; and/or (iii) the enforcement of the Terms of Use, including this Indemnity provision.
9. Disclaimer. SULLIVAN CORPORATION ASSUMES NO RESPONSIBILITY FOR ACCURACY, CORRECTNESS, OR CONTENT OF THE MATERIALS PROVIDED ON THIS WEB SITE. YOU SHOULD NOT ASSUME THAT THE MATERIALS ON THIS WEB SITE ARE CONTINUOUSLY UPDATED OR OTHERWISE CONTAIN CURRENT INFORMATION. THIS WEB SITE AND THE PRODUCTS AND WEB SITE MATERIALS ON OR AVAILABLE THROUGH THIS WEB SITE ARE BEING PROVIDED AND/OR SOLD IN THEIR "AS IS" CONDITION WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SULLIVAN CORPORATION IS NOT, AND SHALL NOT BE, LIABLE FOR ANY LOSSES, DAMAGES OR INJURIES THAT MAY ARISE FROM ANY DEFECTS THAT MAY EXIST IN THIS WEB SITE OR ITS OPERATION. SULLIVAN CORPORATION MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THIS WEB SITE WILL MEET YOUR REQUIREMENTS; (B) ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THIS WEB SITE WILL BE CORRECTED. YOU ARE RESPONSIBLE, AT YOUR SOLE COST AND EXPENSE, FOR PROVIDING ALL SERVICE, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY EXPERIENCE OR ENCOUNTER IN USING OR VISITING THIS WEB SITE.
10. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THESE TERMS OF USE: (1) SULLIVAN CORPORATION WILL NOT BE LIABLE IN ANY ACTION IN TORT, CONTRACT OR OTHERWISE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, OR FOR ANY DAMAGES, LOSSES OR INJURIES CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, IN ANY REGARD OR UNDER ANY CIRCUMSTANCE, INCLUDING ANY THAT MAY ARISE FROM THE PRODUCTS ON OR AVAILABLE THROUGH THE WEB SITE, YOUR USE OF, OR THE INABILITY TO USE, THE WEB SITE AND/OR ANY OF THE WEB SITE MATERIALS; AND (2) IN NO EVENT SHALL SULLIVAN CORPORATION'S LIABILITY TO YOU FOR DAMAGES, LOSSES AND/OR INJURIES, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO SULLIVAN CORPORATION, IF ANY, FROM USING THIS WEB SITE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
11. Miscellaneous. Unless otherwise specified herein or on the Web site, this Web site and the Web site Materials are displayed solely for the purpose of promoting Sullivan Corporation's products to adults ages 18 years and older. If you are under 18 years old, you may use the Web site only with involvement and/or approval of a parent or guardian; in the absence of such involvement and/or approval, Sullivan Corporation reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. This Web site is controlled and operated by Sullivan Corporation from its offices in Bloomfield Hills, Michigan.
The laws of the State of Michigan shall govern the validity, performance, interpretation and enforcement of the Terms of Use, without regard to its conflict of law principles. Any dispute arising out of the Terms of Use and/or their subject matter (including the Web site and the products sold or available on the Web site) shall be resolved exclusively by, and you hereby consent to the exclusive jurisdiction of, the state courts of Oakland County, Michigan and/or the federal courts in the Eastern District of Michigan. At Sullivan Corporation's option, any dispute, claim or controversy arising out of or in respect to the Terms of Use and/or their subject matter (including the Web site and the products sold or available on the Web site) shall be resolved by arbitration in accordance with the rules of the American Arbitration Association ("AAA") at the AAA's offices located in Oakland County, Michigan. The arbitration award shall be final and binding upon the parties, and judgment upon such award may be entered in any court of competent jurisdiction.
The invalidity or enforceability of any provision of the Terms of Use in a particular respect or circumstance shall not affect the validity and enforceability of any other provision of the Terms of Use or the same provision in any other respect or circumstance.
All rights and remedies of Sullivan Corporation set forth in these Terms of Use are cumulative and not exclusive and are in addition to all other rights and remedies at law, in equity or otherwise. The election of one or more rights or remedies by Sullivan Corporation shall not constitute a waiver of any other rights or remedies. No failure or delay under these Terms of Use shall constitute a waiver by Sullivan Corporation. These Terms of Use contain the entire agreement between Sullivan Corporation and you with respect to the subject matter hereof (including the Web site and the products sold or available on the Web site). All provisions contained elsewhere on this Web site are a part of, and are incorporated by reference as if fully set forth in, these Terms of Use. You may not transfer or assign these Terms of Use to anyone else. These Terms of Use are binding upon and inure to the benefit of each party and each of their respective permitted successors and assigns. The provisions under the heading "Indemnity" inure to the benefit of each of the Indemnified Persons. All headings in these Terms of Use are for convenience only and form no substantive part of the agreement set forth in these Terms of Use.
If you have any questions regarding the Terms of Use for this Web site, please contact Sullivan Corporation at info@sulli.com, by telephone at 1-800-878-1010, or by mail at 43252 Woodward Avenue, Suite 215, Bloomfield Hills, MI 48302.
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