Terms of Use
Your Agreement with Sunsa Investment Group (“Sunsa”)
In consideration of your being provided with access to this website (the “Website”), including all web pages and content contained within or accessed through or by the Website, you accept and agree to the following terms and conditions (the “Terms of Use”). Any downloading of any documents or use of any Content (as defined below) contained on or accessible via the Website is conditional on your acceptance of these Terms of Use and constitutes and confirms your acceptance of these Terms of Use. These Terms of Use define the limited license granted to you, contain disclaimers, indemnities and limitations, and limit your legal rights. If you do not accept and agree to these Terms of Use, you must not access this Website or its Content.
Content
“Content”, as used in these Terms of Use, includes without limitation all textual content, information, data, documents, records, graphics, images, photographs, audio, video, animation, hypertext links, the Statements (as defined below).
Grant of Limited, Revocable, Non-exclusive and Personal License
Conditional on your accepting and agreeing to these Terms of Use and your strict compliance with them, you are granted a limited, revocable non-exclusive, personal and temporary license and permission to access and view the Website and to access, download, display, view, print, and save the Content for your own personal and non-commercial use. You do not have permission to modify the Content, or to publish, distribute or disseminate the Content, or to create or develop derivative works based on or incorporating the Content, or to convert the Content into another format, or to create any compilation incorporating the Content or any part thereof, or to remove any proprietary notices or to use the Content in any other manner than permitted in these Terms of Use. This License may be terminated at any time by Sunsa without cause and without any liability whatsoever to you.
Legal Jurisdiction
Subject to the rights of Sunsa to seek equitable relief in any court of competent jurisdiction as provided in these Terms of Use, the laws of the province of British Columbia, Canada, excluding its conflicts of laws provisions, and the laws of Canada applicable in Alberta, shall govern your use of this Website and the interpretation, validity and effect of these Terms of Use. The foregoing will in all cases apply notwithstanding your physical location, jurisdiction, residence, or domicile.
Equitable Remedies
In the event of any breach by you of these Terms of Use, in addition to and not in substitution of any other right or remedy Sunsa may have, Sunsa shall have the right to seek equitable relief, including an injunction, in any court of competent jurisdiction, without the necessity of proving that damages are not an adequate remedy or of posting any security or bond.
Changes to the Terms of Use
You agree that Sunsa may modify or replace these Terms of Use at any time and may provide you with sufficient notice of any and all such modifications or replacements by posting the revised version on the Website. You agree that it is your responsibility to check for such revisions each time you access or use the Website or the Content, and each such access or use will confirm your acceptance of these Terms of Use, including any changes made.
Intellectual Property Rights
The Website and the Content contained in or accessible through the Website (other than Third Party Links as described below), including all trademarks, trade names, designs and logos, together with the design, selection, arrangement and layout of the Website and its elements and features, are subject to copyright, trademark and other intellectual property rights of Sunsa, or its licensors, and are subject to international laws and treaties protecting intellectual property. All rights not expressly granted by these Terms of Use are reserved.
Framing of this Website or any Content, or linking to internal pages of this Website other than the home page located at http://www.sunsa.ca/ without the express written permission of Sunsa is prohibited.
Sunsa and any of its related logos, graphics, and designs are trademarks of Sunsa Resources Inc., or its licensors, and all rights are reserved.
Disclaimers and Limitations
The Content is made available for general informational purposes only and subject to the Terms of Use. The Content does not constitute investment, financial, business, tax, legal, or other advice of any kind. You agree, warrant, and represent that you will not take any steps or actions, or refrain from taking any steps or actions, in reliance on, or based on, or because of the Content, or any portion thereof, including without limitation to the Statements, and that you will in all respects adhere to all provisions of the Terms of Use. You warrant and represent that any information, including personal information, provided by you to Sunsa will in all cases be true, complete, and accurate. You will indemnify Sunsa from any damages arising out of any breach by you of the foregoing warranty and representations.
THE WEBSITE IS PROVIDED STRICTLY ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS.
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL SUNSA, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY LOSS, CLAIM, COST, OR DAMAGES OF ANY NATURE OR KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, AND WHETHER SUCH DAMAGES ARISE OUT OF ANY USE OF OR MISUSE OF, OR DOWNLOADING OR VIEWING OF, OR INTERPRETATION OF OR RELIANCE UPON, THE CONTENT OF THIS WEBSITE, WHETHER AUTHORIZED OR UNAUTHORIZED, OR ANY ERRORS, INACCURACIES, OMISSIONS OR DEFECTS IN THIS WEBSITE OF THE CONTENT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BUSINESS LOSS, HARM TO BUSINESS, LOSS OF PROFITS, FAILURE TO REALIZE EXPECTED RESULTS, PROFITS OR SAVINGS, INTERRUPTION OF ACTIVITIES, LOSS OF OR DAMAGE TO DATA OR COMPUTER SYSTEMS, OR ANY OTHER ECONOMIC OR PECUNIARY LOSS OR DAMAGE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY, INCLUDING TORT, CONTRACT, STRICT LIABILITY OR BREACH OF ANY DUTY.
YOU AGREE THAT THE FOREGOING SHALL APPLY EVEN IF SUCH DAMAGES ARE REASONABLY FORESEEABLE OR IF SUNSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
YOU FURTHER AGREE THAT, IN ANY EVENT, THE TOTAL AGGREGATE DAMAGES FOR WHICH SUNSA MAY BE LIABLE TO YOU WITH RESPECT TO OR ARISING OUT OF ANY OF THE FOREGOING, OR THE CONTENT OF THE WEBSITE, OR ANY CLAIM OF ANY KIND ARISING UNDER THIS AGREEMENT OR OTHERWISE SHALL BE IN ALL CASES LIMITED TO A MAXIMUM SUM OF ONE HUNDRED DOLLARS ($100.00) IN CANADIAN CURRENCY.
SUNSA GIVES NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR CONDITIONS THAT THE WEBSITE WILL OPERATE WITHOUT ERROR OR BE AVAILABLE AT ANY TIME OR AT ALL.
Insecurity of the Internet
You acknowledge your understanding that the Internet, including email, is an inherently insecure and not fully dependable medium and/or means of communication or of obtaining information and that data and information may be lost, modified, distorted, intercepted, reviewed, or read while in transit. Further, the Content may not be complete or accurate when accessed, downloaded, viewed, or used by you. You agree that Sunsa shall have no liability whatsoever for any such loss, modification, distortion or interception, or for incomplete or inaccurate Content.
You also agree that, while you may send email messages to Sunsa by use of links in this Website, where and when the same are available, which availability Sunsa does not warrant or represent or otherwise, you understand the risks of using email. Sunsa cannot ensure that an email from you will not be intercepted or altered in transit, or that Sunsa will in fact receive it. If you wish to send information securely and confidentially to Sunsa, you should use more secure, reliable forms of communications such as snail mail or registered mail or courier.
Sunsa makes reasonable efforts to eliminate viruses and other malicious or destructive computer code or software, and to maintain adequate security, but Sunsa gives no condition or warranty that the Website will be free of such materials, or free from the results of hacking, cracking, or other malicious activities.
You access, view, download, and use the Content solely at your own risk and you warrant and represent that you have taken reasonable precautions by way of, without limitation, purchase and use of the latest anti-virus, anti-spyware, firewall, and other technological means to avoid any loss or damage to you from viruses or other such malicious code or content.
Hypertext Links and Third Party Websites
Hypertext links contained in the Website and linking to third party websites are provided to you as a convenience only. Such links are accepted by you “as is”, “where is”, and “as available”. Your use of such links will take you to websites that are controlled by third parties and not by Sunsa, and that are subject to change at any time. Sunsa accepts no obligation to monitor such links, or to change or remove them should the content of any such third party linked website be unavailable or objectionable, or any liability should it not do so in a timely fashion or at all. You therefore access such third party websites solely at your own risk and agree that in no event shall Sunsa be liable for the contents of any such website, or for any reliance by you upon such website or use of its contents.