| Welcome
to Sullivan International. This Site is provided
by Sullivan International as a service to our
customers. Please review the following basic rules that govern
your use of the Sullivan International site.
(the "Agreement"). Please note that your use of
the Sullivan International site, (the "Site")
constitutes your unconditional agreement to follow and be
bound by these Terms of Use. Although you may "bookmark"
a particular portion of this Site and thereby bypass this
Agreement, your use of this Site still binds you to these
Terms of Use. Sullivan International reserves
the right to update or modify these Terms of Use at any time
without prior notice to you. For this reason, we encourage
you to review these Terms of Use whenever you use this Site.
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Use of this Site
By accepting these Terms of Use through your use of the Site,
you certify that you are 18 years of age or older. If you
are under the age of 18 but at least 13 years of age you may
use this Site only under the supervision of a parent or legal
guardian who agrees to be bound by these Terms of Use. Sullivan International does not intentionally collect personal
information about children under the age of 13. Children under
the age of 13 may not use this Site other than for browsing,
and parents or legal guardians may not agree to these Terms
of Use on their behalf. If you are a parent or legal guardian
agreeing to these Terms of Use for the benefit of a child
between the ages of 13 and 18, be advised that you are fully
responsible for his or her use of this Site, including all
financial charges and legal liability that he or she may incur.
If you do not agree to (or cannot comply with) any of these
terms and conditions, do not use this Site. All billing and
registration information provided must be truthful and accurate.
Providing any untruthful or inaccurate information may constitute
a breach of these Terms of Use. By confirming your purchase
at the end of the checkout process, you agree to accept and
pay for the item(s) requested.
All materials, including images, text, illustrations, designs,
icons, photographs, programs, and written and other materials
that are part of this Site (collectively, the "Contents")
are intended solely for personal, non-commercial use. You
may download or copy the Contents and other downloadable materials
displayed on the Site for your personal use only. No right,
title or interest in any downloaded materials or software
is transferred to you as a result of any such downloading
or copying. You may not reproduce (except as noted above),
publish, transmit, distribute, display, modify, create derivative
works from, sell or participate in any sale of or exploit
in any way, in whole or in part, any of the Contents, the
Site or any related software. All software used on this Site
is the property of Sullivan International or
its suppliers and protected by U.S. and international copyright
laws. The Contents and software on this Site may be used only
as a shopping resource. Any other use, including the reproduction,
modification, distribution, transmission, republication, display,
or performance, of the Contents on this Site is strictly prohibited.
Sullivan International is a trademark of Sullivan International.
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Objectionable Material
You understand that by using this Site or any services provided
on the Site, you may encounter Content that may be deemed
by some to be offensive, indecent, or objectionable, which
Content may or may not be identified as such. You agree to
use the Site and any service at your sole risk and that Sullivan International and its affiliates shall have no liability
to you for Content that may be deemed offensive, indecent,
or objectionable.
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Site Security
Users are prohibited from violating or attempting to violate
the security of the Site, including, without limitation, (a)
accessing data not intended for such user or logging onto
a server or an account which the user is not authorized to
access; (b) attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication
measures without proper authorization; (c) attempting to interfere
with service to any user, host or network, including, without
limitation, via means of submitting a virus to the Site, overloading,
"flooding," "spamming," "mailbombing"
or "crashing;" (d) sending unsolicited email, including
promotions and/or advertising of products or services; or
(e) forging any TCP/IP packet header or any part of the header
information in any email or newsgroup posting. Violations
of system or network security may result in civil or criminal
liability. Sullivan International will investigate
occurrences that may involve such violations and may involve,
and cooperate with, law enforcement authorities in prosecuting
users who are involved in such violations. You agree not to
use any device, software or routine to interfere or attempt
to interfere with the proper working of this Site or any activity
being conducted on this Site. You agree, further, not to use
or attempt to use any engine, software, tool, agent or other
device or mechanism (including without limitation browsers,
spiders, robots, avatars or intelligent agents) to navigate
or search this Site other than the search engine and search
agents available from Sullivan International
on this Site and other than generally available third party
web browsers (e.g., Netscape Navigator, Microsoft Explorer).
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Order Acceptance
Please note that there may be certain orders that we are
unable to accept and must cancel. We reserve the right, at
our sole discretion, to refuse or cancel any order for any
reason. For your convenience, you will not be charged until
your payment method is authorized, the order information is
verified for accuracy and your order is shipped. Some situations
that may result in your order being canceled include limitations
on quantities available for purchase, inaccuracies or errors
in product or pricing information, or problems identified
by our credit and fraud avoidance department. We may also
require additional verifications or information before accepting
any order. We will contact you if all or any portion of your
order is canceled or if additional information is required
to accept your order. If your order is canceled after your
credit card has been charged, we will issue a credit to your
credit card in the amount of the charge.
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Pricing Information
While Sullivan International strives to provide
accurate product and pricing information, pricing or typographical
errors may occur. Sullivan International cannot
confirm the price of an item until after you order. In the
event that an item is listed at an incorrect price or with
incorrect information due to an error in pricing or product
information, Sullivan International shall have
the right, at our sole discretion, to refuse or cancel any
orders placed for that item. In the event that an item is
mispriced, Sullivan International may, at our
discretion, either contact you for instructions or cancel
your order and notify you of such cancellation. We strive
to provide you with the lowest prices possible on Sullivan International. However, prices and availability are
subject to change without notice.
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Quantity Limits & Dealer Sales
Sullivan International reserves the right,
at our sole discretion, to limit the quantity of items purchased
per person, per household or per order. These restrictions
may be applicable to orders placed by the same credit card,
and also to orders that use the same billing and/or shipping
address. We will provide notification to the customer should
such limits be applied. Sullivan International
also reserves the right, at our sole discretion, to prohibit
sales to dealers.
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Copyrights and Trademarks
Unless otherwise noted, all Contents are copyrights, trademarks,
trade dress and/or other intellectual property owned, controlled
or licensed by Sullivan International, one of
its affiliates or by third parties who have licensed their
materials to Sullivan International and are
protected by U.S. and international copyright laws. The compilation
(meaning the collection, arrangement, and assembly) of all
Contents on this Site is the exclusive property of Sullivan International and is also protected by U.S. and international
copyright laws.
Sullivan International and its suppliers and
licensors expressly reserve all intellectual property rights
in all text, programs, products, processes, technology, content
and other materials which appear on this Site. Access to this
Site does not confer and shall not be considered as conferring
upon anyone any license under any of Sullivan International's
or any third party's intellectual property rights.
The Sullivan International names and logos
and all related product and service names, design marks and
slogans are the trademarks or service marks of Sullivan International . All other marks are the property of
their respective companies. No trademark or service mark license
is granted in connection with the materials contained on this
Site. Access to this Site does not authorize anyone to use
any name, logo or mark in any manner.
References on this Site to any names, marks, products or
services of third parties or hypertext links to third party
sites or information are provided solely as a convenience
to you and do not in any way constitute or imply Sullivan International's endorsement, sponsorship or recommendation
of the third party, information, product or service. Sullivan International is not responsible for the content of
any third party sites and does not make any representations
regarding the content or accuracy of material on such sites.
If you decide to link to any such third party web sites, you
do so entirely at your own risk.
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User Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions,
ideas, and other submissions disclosed, submitted or offered
to Sullivan International on or by this Site
or otherwise disclosed, submitted or offered in connection
with your use of this Site (collectively, the "Comments")
shall be and remain Sullivan International's
property. Such disclosure, submission or offer of any Comments
shall constitute an assignment to Sullivan International
of all worldwide rights, titles and interests in all copyrights
and other intellectual properties in the Comments. Thus, Sullivan International will own exclusively all such rights,
titles and interests and shall not be limited in any way in
its use, commercial or otherwise, of any Comments. Sullivan International will be entitled to use, reproduce, disclose,
modify, adapt, create derivative works from, publish, display
and distribute any Comments you submit for any purpose whatsoever,
without restriction and without compensating you in any way.
Sullivan International is and shall be under
no obligation (1) to maintain any Comments in confidence;
(2) to pay to user any compensation for any Comments; or (3)
to respond to any user Comments. You agree that any Comments
submitted by you to the Site will not violate this policy
or any right of any third party, including copyright, trademark,
privacy or other personal or proprietary right(s), and will
not cause injury to any person or entity. You further agree
that no Comments submitted by you to the Site will be or contain
libelous or otherwise unlawful, threatening, abusive or obscene
material, or contain software viruses, political campaigning,
commercial solicitation, chain letters, mass mailings or any
form of "spam".
Sullivan International does not regularly review
posted Comments, but does reserve the right (but not the obligation)
to monitor and edit or remove any Comments submitted to the
Site. You grant Sullivan International the right
to use the name that you submit in connection with any Comments.
You agree not to use a false email address, impersonate any
person or entity, or otherwise mislead as to the origin of
any Comments you submit. You are and shall remain solely responsible
for the content of any Comments you make and you agree to
indemnify Sullivan International and its affiliates
for all claims resulting from any Comments you submit. Sullivan International and its affiliates take no responsibility
and assume no liability for any Comments submitted by you
or any third party.
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Indemnification
You agree to defend, indemnify and hold harmless Sullivan International and its affiliates from and against any
and all claims, damages, costs and expenses, including attorneys'
fees, arising from or related to your use of the Site.
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Termination
These Terms of Use are effective unless and until terminated
by either you or Sullivan International. You
may terminate this Agreement at any time, provided that you
discontinue any further use of this Site. Sullivan International also may terminate this Agreement at any
time and may do so immediately without notice, and accordingly
deny you access to the Site, if in Sullivan International's
sole discretion you fail to comply with any term or provision
of this Agreement. Upon any termination of the Agreement by
either you or Sullivan International, you must
promptly destroy all materials downloaded or otherwise obtained
from this Site, as well as all copies of such materials, whether
made under the Terms of Use or otherwise. Sullivan International's right to any Comments shall survive
any termination of this Agreement.
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Disclaimer
THIS SITE IS PROVIDED BY Sullivan International
ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Sullivan International MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION
OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE
LAW, Sullivan International DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WITHOUT LIMITING THE FOREGOING, Sullivan International DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS
OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU
ACKNOWLEDGE, BY YOUR USE OF THE Sullivan International
WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED
BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES
AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE
FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
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Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY,
WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE,
SHALL Sullivan International OR ANY OF ITS AFFILIATES,
EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS
BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF
ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF
OR INABILITY TO USE THE Sullivan International
WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY
OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN
AUTHORIZED REPRESENTATIVE OF Sullivan International
HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT WILL Sullivan International
BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU
IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH
PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
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General
This Agreement represents the complete agreement between
the parties and supersedes all prior agreements and representations
between them. Headings used in these Terms of Use are for
reference purposes only and in no way define or limit the
scope of the section. If any provision of this Agreement is
held to be unenforceable for any reason, such provision shall
be reformed only to the extent necessary to make it enforceable
and the other terms of this Agreement shall remain in full
force and effect. The failure of Sullivan International
to act with respect to a breach of this Agreement by you or
others does not constitute a waiver and shall not limit Sullivan International's rights with respect to such breach or
any subsequent breaches. This Agreement shall be governed
by and construed under California law without regard to conflicts
of law provisions. Any action or proceeding arising out of
or related to this Agreement or your use of this Site must
be brought in the state or federal courts of California and
you consent to the exclusive personal jurisdiction of such
courts.
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DMCA Notice
Procedure for Making and Responding to Claims of Copyright
Infringement
It is the policy of Sullivan International
to respond to claims of copyright infringement. We will promptly
process and investigate notices of alleged infringement by
third parties and will take appropriate actions under the
Digital Millennium Copyright Act, Title 17, United States
Code, Section 512(c)(2) ("DMCA"), where applicable.
Pursuant to the DMCA, notifications of claimed copyright
infringement by third parties should be sent to Sullivan International's Designated Agent. If you believe that
your copyrighted work has been infringed under U.S. copyright
law and is accessible on this Site, please notify us by contacting
our Designated Agent. Even if you believe that the alleged
infringing work was not posted by a third party, please send
all notifications of claimed copyright infringement to Sullivan International's Designated Agent listed below.
To be effective under the DMCA, notification of claims of
copyright infringement by third parties must be a written
communication to Sullivan International's Designated
Agent that includes 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 Sullivan International
to locate the material; Information reasonably sufficient
to permit Sullivan International to contact
the complaining party, such as an address, telephone number,
and, if available, an electronic mail address at which the
complaining party may be contacted; A statement that the complaining
party has a good faith belief that use of the material in
the manner complained of is not authorized by the copyright
owner, its agent, or the law; and A statement that the information
in the notification is accurate, and under penalty of perjury,
that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
Sullivan International's Designated Agent
for notice of claims of copyright infringement can be reached
as follows:
By mail:
Sullivan International
110 Pine Ave.
Suite 700
Long Beach, CA 90802
By e-mail:
info@sullivaninternational.com
This contact information is only for reporting claims of
copyright infringement. Contact information for other matters
is provided elsewhere on this Site.
Upon receipt of a valid notification of alleged copyright
infringement by a third party, Sullivan International
shall remove or disable access to the material identified
in the notice, forward the written notification to the alleged
infringer, and take reasonable efforts to notify the alleged
infringer that it has removed or disabled access to this material.
You should be aware that, under the DMCA, claimants who make
misrepresentations concerning copyright infringement may be
liable for shall be liable for any damages, including costs
and attorneys' fees, incurred by the alleged infringer or
by Sullivan International, if injured by relying
upon such misrepresentation in removing or disabling access
to the material or activity claimed to be infringing.
If a notice of copyright infringement has been filed against
you, you may file a counter notification with the Designated
Agent at the address listed above.
To be effective, a counter notification must be a written
communication provided to the Sullivan International's
Designated Agent that includes the following:
A physical or electronic signature; Identification of the
material that has been removed or to which access has been
disabled and the location at which the material appeared before
it was removed or access to it was disabled; A statement under
penalty of perjury that you have a good faith belief that
the material was removed or disabled as a result of mistake
or misidentification of the material to be removed or disabled;
and Your name, address, and telephone number, and a statement
that you consent to the jurisdiction of Federal District Court
for the judicial district in which the address is located
and that you will accept service of process from the complainant
who provided the original notification or an agent of such
person or entity.
If Sullivan International receives a valid
counter notification, it shall provide the complainant with
a copy of the counter notification, inform the complainant
that it will replace the removed material or cease disabling
access to it in 10 to 14 days from receipt of the counter
notification, and replace the removed material or cease disabling
access to it in 10 to 14 business days, provided that Sullivan International has not received notice from the complainant
that an action has been filed seeking a court order to restrain
the alleged infringer from engaging in infringing activity
relating to the material on Sullivan International's
system.
You should be aware that the DMCA provides substantial penalties
for a false counter notice filed in response to a notice of
copyright infringement. Claimants who make misrepresentations
in their the counter notification statement may be liable
for shall be liable for any damages, including costs and attorneys'
fees, incurred by any copyright owner or copyright owner's
authorized licensee, or by Sullivan International,
if injured by relying upon such misrepresentation in replacing
the removed material or ceasing to disable access to it.
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