Terms of Service

Last Modified: March 2023

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This website is operated by SunSource, Inc. (“SunSource”). Throughout the site, the terms “we”, “us” and “our” refer to SunSource. SunSource offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. The site also includes any webpages and content managed by SunSource and our social media sites (Twitter, Facebook, LinkedIn, Instagram, and other community or interactive sites) (the website and social media sites are collectively referred to herein as the “Site”).

 

By visiting our Site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. By accessing or using any part of the Site, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to all the terms and conditions of this agreement or our Privacy Policy, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

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CHILDREN UNDER THE AGE OF 18

Our Site is not intended for children under 18 years of age or the age of majority in your state or province of residence. No one under age 18 may provide any information to or on the Site. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Site. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we have any information from or about a child under 18, please contact us at hello@sunsourceus.com.

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SERVICES

We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We may change, suspend, or discontinue the Services (or any part or product thereof) at any time without notice, in our sole discretion.

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Nothing contained on the Site shall constitute an offer or promise to deliver any product or service, whether by SunSource or any third-party service provider. Third-party service providers may not offer all products and services described on the Site in all states or in all communities within a state, and the offer of certain products or services may be subject to certain qualifying criteria that are not established by SunSource, and over which SunSource has no influence, authority or control.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.

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ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk.

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This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

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NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

We take claims of copyright infringement seriously. Pursuant to the Digital Millennium Copyright Act (Title 17, United States Code, Section 512(c)(2)) (“DMCA”), if you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting writing notification to SunSource. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

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Please be advised that to be effective, the notification must include ALL of the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (providing URLs in the body of your notice is the best way to help us locate content quickly);

• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, the copyright owner, your agent, or the law;

• A statement that the information in the notification is accurate, and under penalty of perjury, that you, as the complaining party, are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Notices of claimed copyright infringement should be directed to hello@sunsourceus.com.  (Please include “Notice of Infringement” in the message) or:

 

SunSource, Inc.
Attn: Infringement Notice
1024 Iron Point Road
Folsom, CA 95630
United States

 

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

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ACCURACY OF BILLING AND ACCOUNT INFORMATION

You authorize SunSource to charge you directly for any deposits, fees, or charges if applicable and agreed upon by you in writing. We reserve the right to refuse any order you place with us. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

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OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

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Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

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THIRD-PARTY CONTENT AND LINKS

Certain content and services available via our Site may include materials from third parties.

 

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, content, or services of third parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

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INSTALLERS

We require installers to meet minimum qualifications to ensure quality and reliable services. However, SunSource does not make any representation or warranty regarding the correctness, performance, or quality of any services provided by the installers. You should independently research and assess the risks of using these installers and the services before purchasing.

 

Installers and other third-party service providers are independent contractors and not agents or employees of SunSource. We assume no liability whatsoever for any injury, damage, death, loss, accident, or delay due to such third party’s acts or omissions, goods, services, or equipment.

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USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

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We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

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You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site, Service, or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

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USER ACCOUNTS

Portions of our Site require that you create a user account. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree that you will be solely responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

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We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

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PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Click here to view our Privacy Policy.

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INTELLECTUAL PROPERTY

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by SunSource, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

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The SunSource name, the SunSource logo and all related names, logos, product and service names, designs and slogans are trademarks of SunSource or its affiliates. You must not use such marks without the prior written permission of SunSource. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without express written permission by us.

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ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to Service descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our Site or in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

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We undertake no obligation to update, amend or clarify information on the Site or in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.

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We are not responsible for any errors or delays in responding to a request for any reason including but not limited to an incorrect email address provided by you or technical problems beyond our reasonable control, or for any errors or delays in responding to a request submitted to any third-party service provider.

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PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of Site or the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or the Services or any related website for violating any of the prohibited uses.

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DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Site or Services will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Site or Services will be accurate or reliable.

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You agree that from time to time we may remove the Site or Services for indefinite periods of time or cancel the Site or Services at any time, without notice to you.

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You expressly agree that your use of, or inability to use, the Site or Services is at your sole risk. The Site, Services, information, software, and all products and services associated with the Site and Services are provided ‘AS IS’ and ‘AS AVAILABLE’ for your use, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

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IN NO CASE SHALL SUNSOURCE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SITE, ANY OF THE SERVICES OR ANY PRODUCT PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE, SERVICES, OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY SERVICE, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE, SERVICES, OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

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Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

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INDEMNIFICATION

You agree to indemnify, defend and hold harmless SunSource and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, arising out of or resulting from your use of the Site and/or Services or your breach of this Agreement.

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DISPUTE RESOLUTION

Please read this section carefully. It affects your legal rights.

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AT OUR SOLE DISCRETION, WE MAY REQUIRE YOU TO SUBMIT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS TO FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING CALIFORNIA LAW.

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YOU AGREE THAT YOU ARE WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY JURY. YOU AND SUNSOURCE AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

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SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

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TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

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These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

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If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

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ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

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These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

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Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

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GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California. Any legal suit, action, or proceeding arising out of or related to these Terms of Service or the Site shall be brought in federal and state courts in Sacramento County, California.

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CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

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CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@sunsourceus.com.