Terms of Use
Please read these Terms of Use carefully before using this website.
By accessing and using the resources, features and functions available on the Sun Number website (the “Services”), you explicitly agree to comply with and be bound by the following terms and conditions (“Terms of Use”).
The Services
We make no representations that the Services are appropriate or available for use in any particular location. Those who choose to access the website do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws. If the Services are not available in your location, please check back as we are constantly expanding into new territories.
The Sun Number score calculated for a specific address may change at any time due to changes, additions, deletions, or corrections to the data sources we use, changes or improvements to our scoring algorithm, or other reasons.
Unless expressly stated otherwise by Sun Number, any new features, new services, enhancements, or modifications to the Services implemented after your initial access to the Sun Number website shall be subject to these Terms of Use.
Copyright and License
All copyrighted and copyrightable materials on this website, including, without limitation, the content, visual interfaces, interactive features, graphics, design, computer code, images, and data and the selection, arrangement, and compilation thereof (the “Materials”) are proprietary property of Sun Number, its licensors and suppliers and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable right to access this website, use the Services, and print the Materials for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to:
- a. reproduce, modify, distribute, display, decompile, disassemble, or reverse-engineer any portion of the Materials, including reproduction on any computer network or broadcast or publications media;
- b. market, sell, or make commercial use of the Services or Materials;
- c. systematically collect or use any data or content, including the use of any data spiders, robots, or similar data gathering, mining, or extraction methods (as a limited exception, publicly available search engines may query the Services and provide an index with links to the Sun Number website);
- d. use this website in any way that is unlawful or harms its service providers, suppliers, or any other user.
Any unauthorized use of this website will terminate the permission or license granted by these Terms of Use and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
Third Party Advertising and Business Dealings
Sun Number may run advertisements and promotions from third parties, or otherwise provide information about or links to third party products or services, on this website. Your business dealings with or participation in the promotions of such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party. Sun Number does not endorse and is not responsible for any products, services, promotions, or information offered by any advertiser or any other third party. Sun Number is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as a result of such third party information or advertisements on this website.
Content You Provide
You own all content you submit to this website, including but not limited to your name, username, profile, images, comments, and any other personal or biographical information (“Your Content”). By submitting Your Content you hereby irrevocably grant us worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferrable rights to use Your Content throughout the world in any media for any commercial or non-commercial purpose. By “use” we mean display, copy, distribute, modify, adapt, publish, incorporate into other works, create derivative works, and allow third-party sites and services who obtain Your Content from us to do the same. You irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content brought against us or any third-party sites.
By submitting Your Content to us, you represent that you own or have the necessary rights, licenses, consents, and permissions, without the need for any permission from or payment to another person or entity, to exploit, and to authorize us to exploit, Your Content and that use of Your Content does not violate or infringe the rights of any third party.
Sun Number is not liable for any statements or representations related to Your Content. Sun Number assumes no responsibility for monitoring the website for appropriate user content and has no obligation to remove content. However, Sun Number reserves the right to monitor, edit, or remove any content at any time for any reason.
Privacy Policy
Usage data, registration information and certain other information about you are subject to our Privacy Policy. You understand that, by using our website and the Services, you consent to the collection and use (as set forth in the Privacy Policy) of this information.
Disclaimer of Warranties
SUN NUMBER PROVIDES THE WEBSITE AND SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUN NUMBER DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY, AND NONINFRINGEMENT AND (B) WARRANTIES ARISING THROUGH COURSE OF DEALING OR TRADE USAGE.
SUN NUMBER DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, ERROR-FREE, RELIABLE OR CORRECT, THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SUN NUMBER ASSUMES NO RESPONSIBILITY FOR, AND DISCLAIMS ALL LIABILITY FOR, ANY ERRORS OR OMISSIONS IN THIS WEBSITE OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THIS WEBSITE. SUN NUMBER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST SUN NUMBER WITH RESPECT TO THE CONTENT OF THIS WEBSITE AND ANY CONTENT YOU PROVIDE TO THIRD-PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
Limitation of Liabilities
UNDER NO CIRCUMSTANCES WILL SUN NUMBER, ITS LICENSORS OR PARTNERS, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, OR SUPPLIERS, BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) THE USE OF, OR THE INABILITY TO USE, THE SERVICES, THIS WEBSITE OR ITS CONTENT OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THIS WEBSITE OR OF SUN NUMBER, ITS LICENSORS OR PARTNERS, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, OR SUPPLIERS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST SUN NUMBER, ITS LICENSORS OR PARTNERS, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND THE WEBSITE.
Governing Law, Jurisdiction, and Venue
These Terms of Use are governed by the laws of the State of Colorado, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Denver County, Colorado for any and all disputes, claims, and actions arising from or in connection with the Services or these Terms of Use. In any such dispute, the prevailing party will be entitled to attorneys’ fees and expenses.
Children
This website is not directed to children, and persons under the age of 18 may not become registered users of the website.
Modifications
You agree and understand that these Terms of Use and the Services may be changed or modified at any time in Sun Number’s sole discretion. You waive any right to receive specific notice of such changes or modifications, which will be effective immediately upon posting to this website. Your continued use of the Services following the posting of any changes or modifications indicates your acceptance of the modified Terms of Use. Please review these Terms of Use periodically and check the “Last Updated” date at the bottom of this page.
General
If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Sun Number’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and Sun Number with respect to the Services and the website and supersede all prior or contemporaneous communications of any kind between you and Sun Number with respect to the Services and the website.
Last updated: October 1, 2012
