These Terms of Service (the "Terms") constitute a legally binding agreement by and between Sunhub and its affiliates (collectively, "Sunhub," "we," "us," or "our") and the entity or individual accessing or using the Sunhub Source Center website, applications, and related services (collectively, the "Services") (such entity or individual, the "User"). By accessing or using the Services, the User acknowledges that it has read, understood, and agrees to be bound by these Terms and by our Privacy Policy and Cookie Policy, which are incorporated herein by reference.
1. Eligibility and Authority
The Services are intended exclusively for business users. Each User represents and warrants that (i) it is at least eighteen (18) years of age; (ii) it possesses the legal capacity to enter into binding contractual obligations; and (iii) where it acts on behalf of an entity, it is duly authorized to bind such entity to these Terms.
2. Accounts and Credentials
The User shall provide accurate, current, and complete information in connection with the registration and operation of its account, shall maintain the confidentiality of authentication credentials, and shall promptly notify Sunhub of any unauthorized access or use. The User is solely responsible for all activity occurring under its account.
3. Nature of the Services
The Services constitute an online venue facilitating the introduction of buyers and verified suppliers of solar equipment and related goods. Sunhub is not a party to, and shall have no liability with respect to, any contract, transaction, agreement, or communication entered into between Users. Sunhub makes no representation or warranty regarding the existence, quality, suitability, certification, availability, legality, or accuracy of any goods, services, or information offered, requested, or exchanged through the Services.
4. User Content and Conduct
The User is solely responsible for all content, materials, and information submitted, posted, transmitted, or otherwise made available through the Services ("User Content"). The User shall not, and shall not permit any third party to:
- Use the Services in any manner that violates applicable law, regulation, or the rights of any third party, including intellectual property and privacy rights;
- Transmit any unsolicited communications, spam, fraudulent solicitations, malware, or misleading information;
- Engage in scraping, indexing, harvesting, reverse engineering, decompilation, or any other unauthorized automated access to the Services;
- Misrepresent identity, affiliation, certification, or authority; or
- Interfere with, disrupt, or compromise the integrity, security, or performance of the Services or any related systems.
5. License to User Content
The User retains all right, title, and interest in and to its User Content. The User hereby grants Sunhub a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, transmit, and route such User Content solely to the extent necessary to operate and deliver the Services.
6. Intellectual Property
The Services and all related software, content, designs, trademarks, trade dress, and other intellectual property are and shall remain the exclusive property of Sunhub and its licensors. No right or license is granted to the User except as expressly set forth herein.
7. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUNHUB EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUNHUB, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES. SUNHUB'S AGGREGATE LIABILITY FOR DIRECT DAMAGES SHALL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (US$100) OR THE AGGREGATE FEES PAID BY THE USER TO SUNHUB DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
9. Indemnification
The User agrees to defend, indemnify, and hold harmless Sunhub and its affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (i) the User's use of the Services; (ii) the User's breach of these Terms; (iii) any User Content; or (iv) the User's violation of any law or third-party right.
10. Suspension and Termination
Sunhub may, in its sole discretion and without prior notice, suspend, restrict, or terminate access to the Services, in whole or in part, where it determines that such action is necessary to enforce these Terms, protect the security or integrity of the Services, or comply with applicable law. The User may terminate its account at any time as set forth in the Services. Provisions which by their nature should survive termination shall survive.
11. Governing Law and Venue
These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, United States of America, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Cuyahoga County, Ohio, and the parties hereby submit to the personal jurisdiction of such courts.
12. Amendments
Sunhub reserves the right to amend or update these Terms at any time, in its sole discretion. Amendments shall be effective upon publication on the Services. Continued use of the Services following such publication shall constitute acceptance of the amended Terms.
13. Miscellaneous
These Terms, together with the policies incorporated herein by reference, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous understandings. The failure of Sunhub to enforce any provision shall not constitute a waiver. If any provision is held to be unenforceable, the remaining provisions shall remain in full force and effect. The User may not assign these Terms without our prior written consent.
14. Contact
Notices and inquiries concerning these Terms may be directed to info@sunhub.com.