Welcome to sun-protection-films.com (sometimes referred to herein as the “site” or “website”), a website operated as part of the Sun & Protection Films website services provided by Sun & Protection Films, Inc. (sometimes referred to herein as the “OTW”).
Certain areas of this site may include additional guidelines or rules that supplement these Terms. By using those areas of this site, you are agreeing to comply with those additional guidelines and rules as well.
Access to Site
To access this site, you must have access to a compatible web browser. You are responsible for obtaining and maintaining all Internet access services, computer hardware, software and other equipment and services needed for access to and use of this site and paying all charges related thereto.
Copyright and Trademarks
All site design, text, graphics, artwork, photographs, illustrations, documents, audio clips, video clips, software, data and other copyrightable or otherwise legally protectible elements contained herein are the exclusive property of the Sun & Protection Films or its third party suppliers, advertisers or sponsors and are protected by Canadian and international intellectual property laws. The selection, sequence, “look and feel” and arrangements hereof are the exclusive property of Sun & Protection Films and are protected by Canadian and international intellectual property laws. All rights reserved.
All trademarks (TM), service marks (SM), and trade names are proprietary to Sun & Protection Films, or their respective owners. You may not use any such marks for any purpose whatsoever without the express prior written permission of Sun & Protection Films, or their respective owners.
This site is for our commercial use only. With respect to any documents or other materials expressly made available for download by Sun & Protection Films from this site (e.g., CAD designs, informational videos, instructional materials, etc.), you may view, print, download and make copies of such materials, subject to the following conditions: (a) the materials may be used solely for your own personal information and not for commercial use; and (b) you must retain without modification all copyright, trademark and other proprietary notices and all disclaimers affixed to or contained in such materials and all copies thereof. You may not distribute any materials downloaded or otherwise obtained from this site to any other persons or organizations unless such materials are accompanied by a copy of these Terms, which shall be binding on such persons or organizations. Alternatively, you may refer such persons or organizations to such materials by way of a link to this site. Notwithstanding the foregoing, certain documents, images and other materials appearing on this site have been obtained from individuals or other organizations not affiliated with Sun & Protection Films and may be subject to additional restrictions on use. In some cases, permission to use such materials must be obtained directly from the applicable individual or organization. You may contact the web content manager at email@example.com to determine which materials are subject to such restrictions or require permission for use. Except as expressly provided above, you may not reproduce, download, republish, frame, transmit, distribute, sell, license, modify, alter, reverse engineer or prepare derivative works from this site, any materials downloaded or otherwise obtained from this site, or any portion of such works or materials, except with the express prior written permission of Sun & Protection Films. Nothing contained in this site shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other proprietary interest of Sun & Protection Films or any third party. Any rights not expressly granted herein are reserved.
Use of spiders, robots and similar data mining and extraction tools is expressly prohibited, except by publicly available Internet search engine portals for purposes of indexing the website.
THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS SITE, INCLUDING BUT NOT LIMITED TO TEXT, GRAPHICS, ARTWORK, PHOTOGRAPHS, ILLUSTRATIONS, CAD DESIGNS, DOCUMENTS, AUDIO CLIPS, VIDEO CLIPS, SOFTWARE, DATA AND LINKS, ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR OTHER OBLIGATION OF ANY KIND. ALL RISK OF USE LIES WITH THE USER. Sun & Protection Films DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Sun & Protection Films DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR SECURE, THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY A REPRESENTATIVE OF Sun & Protection Films SHALL CREATE A WARRANTY.
WHILE WE USE REASONABLE EFFORTS TO FURNISH ACCURATE AND UP-TO-DATE INFORMATION,Sun & Protection Films DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. ALL INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. Sun & Protection Films ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE INFORMATION ACCESSIBLE VIA THIS SITE.
CERTAIN PROVINCES LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, YOU MIGHT HAVE ADDITIONAL RIGHTS.
Third Party Materials
Sun & Protection Films is not responsible for any material posted by or otherwise obtained from parties other than Sun & Protection Films, including but not limited to user testimonials and other postings, documents prepared by third parties and made available via this site and third party software. Sun & Protection Films is merely providing access to such material as a service to you.
With respect to any materials posted by or otherwise obtained from parties other than Sun & Protection Films, such parties are responsible for the reliability, accuracy and truthfulness of such material and such matters are beyond the control of Sun & Protection Films. Similarly, Sun & Protection Films has no control over whether such material is of a nature that users will find offensive or otherwise unacceptable and expressly disclaims any responsibility for such material. Just as when you obtain materials in any other setting, you should exercise appropriate discretion, good judgment and caution in accessing such materials and in taking any actions based upon such materials.
Accordingly, you will bear all risk associated with any such material that you access.
Information and opinions expressed by users or other third parties are not necessarily those of Sun & Protection Films.
No Rendering of Advice
The information contained in or made available through this site is provided for informational purposes only. Sun & Protection Films is not engaged in providing legal, engineering, consulting, design, architectural, accounting, or other professional services of any kind through this site, and any user requiring such services is advised to seek the assistance of a competent professional. Your use of this site does not give rise to a client, advisory, fiduciary or professional services relationship between you and Sun & Protection Films.
Limitation of Liability
Sun & Protection Films, ITS AFFILIATES AND ITS AND THEIR THIRD PARTY SUPPLIERS, ADVERTISERS, SPONSORS, AND EMPLOYEES WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR ANY MATERIALS OR INFORMATION CONTAINED IN OR MADE AVAILABLE THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, GOODWILL, DATA OR USE OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES), EVEN IF SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS Sun & Protection Films’S LIABILITY, AND THE LIABILITY OF ITS AFFILIATES AND ITS AND THEIR SUPPLIERS, ADVERTISERS, SPONSORS, AND EMPLOYEES, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Termination and Suspension; Modifications to Site
Sun & Protection Films reserves the right, in its sole discretion, to terminate, suspend or otherwise restrict your access to or use of this site (or any portion hereof) with or without notice at any time for any reason whatsoever, including without limitation if Sun & Protection Films believes that you have violated or acted inconsistently with the letter or spirit of these Terms. In addition, Sun & Protection Films reserves the right, in its sole discretion, to modify or temporarily or permanently suspend or discontinue this site (or any aspect or feature hereof) with or without notice at any time. Sun & Protection Films shall not be liable to you or to any third party for any such termination, suspension, restriction, modification or discontinuation.
By using this site and/or posting or distributing material, you agree to indemnify and hold harmless Sun & Protection Films, its affiliates and third party suppliers, advertisers, and sponsors, and its and their officers, directors, employees, contractors and agents, for any and all claims, damages, defense costs, attorneys’ fees and expenses, losses and causes of action arising out of your use or misuse of the site or any materials obtained from this site, posting of any material to this site, distributing of any materials obtained from this site, violation of any rights of any third party, or breach of these Terms. Sun & Protection Films reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Sun & Protection Films in asserting any available defenses.
Governing Law; Exclusive Jurisdiction; Waiver of Jury Trial
Sun & Protection Films operates and maintains this site from within Canada. Sun & Protection Films makes no representation that this site or any content on or accessed through this site is appropriate or available for use in locations other than Canada. You are responsible for compliance with all local laws and regulations, as applicable, including but not limited to all applicable laws regarding online conduct and acceptable content, as well as all applicable export control laws. These Terms and the relationship between you and Sun & Protection Films shall be governed by the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability to these Terms. The parties hereby agree to waive and opt-out of any application of the Uniform Computer Information Transactions Act (UCITA), or any version thereof, adopted by any State in any form.
SUBJECT TO THE DISPUTE RESOLUTION PROCEDURES SET FORTH ABOVE, ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF THIS SITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF MARYLAND, USA, AND YOU EXPRESSLY CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF SUCH COURTS. EACH PARTY HEREBY WAIVES ITS RIGHT TO A TRIAL BY JURY FOR ANY DISPUTES BETWEEN THE PARTIES.
Consent to Electronic Delivery of Notices
To the extent that Sun & Protection Films is required to provide you with any notices, agreements or other information regarding this site, you agree that Sun & Protection Films may deliver such information electronically, including without limitation posting the notices on the home page of this site. To withdraw your consent to receive notices electronically, you must notify us of your withdrawal of such consent and discontinue your use of this site.
This site is not intended for use by or availability to minors. IF YOU ARE NOT LEGALLY AN ADULT UNDER THE LAW WHERE YOU LIVE OR IF YOU ARE UNDER 13 YEARS OF AGE, YOU MAY NOT ACCESS OR USE THIS SITE.
These Terms constitute the entire agreement between you and Sun & Protection Films with respect to your access to and use of this site and supersede any prior or contemporaneous agreements, whether written or oral, between you and Sun & Protection Films with respect to the subject matter hereof. The failure of Sun & Protection Films to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section headings used herein are for convenience only and shall not be given any legal or contractual effect.
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We have created this privacy statement in order to demonstrate our firm and continuing commitment to the privacy of personal information provided by those visiting and interacting with this web site. We hold the privacy of your personal information in the highest regard. The following discloses our information gathering and dissemination practices for this website.
We recognizes the importance of protecting your privacy and our policy is designed to assist you in understanding how we collect, use and safeguard the personal information you provide to us and to assist you in making informed decisions when using our site. This policy will be continuously assessed against new technologies, business practices and our customers' needs.
What Information Do We Collect?
When you visit this web site you may provide us with two types of information: personal information you knowingly choose to disclose that is collected on an individual basis and Web site use information collected on an aggregate basis as you and others browse our Web site.
1. Personal Information You Choose to Provide
When you register for any of our products, services or newsletters you will provide us information about yourself.
If you choose to avail of our services, you may need to give personal information. For example, you may need to provide the following information:
-Business and home phone number
If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received by mail and telephone.
2. Web Site Use Information
Similar to other commercial Web sites, our Web site utilizes a standard technology called "cookies" (see explanation below, "What Are Cookies?") and web server log files to collect information about how our Web site is used. Information gathered through cookies and Web server logs may include the date and time of visits, the pages viewed, time spent at our Web site, and the Web sites visited just before and just after our Web site.
How Do We Use the Information That You Provide to Us?
Broadly speaking, we use personal information for purposes of administering our business activities, providing the products and services you requested, to process your payment, , to monitor the use of the service, our marketing and promotional efforts and improve our content and service offerings, and customize our site's content, layout, services and for other lawful purposes. These uses improve our site and better tailor it to meet your needs.
Furthermore, such information may be shared with others on an aggregate basis. Personally identifiable information or business information will not be shared with parties except as required by law.
Occasionally, we may also use the information we collect to notify you about important changes to our Website, new services, and special offers we think you will find valuable. You may notify us at any time if you do not wish to receive these offers by emailing us at the link provided on the newsletter.
What Are Cookies?
How Do We Use Information We Collect from Cookies?
IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer. IP addresses are automatically collected by our web server as part of demographic and profile data known as “traffic data” so that data (such as the Web pages you request) can be sent to you.
Sharing and Selling Information
We do not share, sell, lend or lease any of the information that uniquely identify a subscriber (such as email addresses or personal details) with anyone except to the extent it is necessary to process transactions or provide services that you have requested.
How Can You Access and Correct Your Information?
You may request access to all your personally identifiable information that we collect online and maintain in our database by emailing us at the usual address.
What About Legally Compelled Disclosure of Information?
We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights. We may also disclose account information when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our Terms of Service or to protect the safety of our users and the Public.
What About Other Web Sites Linked to Our Web Site?
We are not responsible for the practices employed by Web sites linked to or from our Web site or the information or content contained therein. Often links to other Web sites are provided solely as pointers to information on topics that may be useful to the users of our Web site.
Our Commitment To Data Security:
Please note that your information will be stored and processed on our computers in the United States. The laws on holding personal data in the United States may be less stringent than the laws of your Country of residence or citizenship. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
This site allows visitors to unsubscribe so that they will not receive future messages. After unsubscribing we will discontinue sending the particular messages as soon as technically feasible.
Surveys & Contests
From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
A Special Note About Children
Children are not eligible to use our services unsupervised and we ask that children (under the age of 14) do not submit any personal information to us. If you are a minor, you can use this service only in conjunction with permission and guidance from your parents or guardians.
Acquisition or Changes in Ownership
In the event that the web site (or a substantial portion of its assets) is acquired, your information would be considered part of those assets, and may be part of those assets that are transferred.