Terms of Services
Sundownlake.com provides the www.sundownlake.com website and the website-related services (collectively, the "Website") with the terms and conditions set forth in this Terms of Use Agreement ("Terms of Use").
Your use of the Website and Materials (as defined below) contained on the Website is conditioned on your acceptance without modification of the terms, conditions, and notices contained in these Terms of Use and Company's Privacy Policy (located at http://www.sundownlake.com/privacy) (the "Privacy Policy") both of which shall collectively be referred to herein as the "Terms of Use" unless specifically stated otherwise. By using the Website you agree to the Terms of Use and to abide by all rules, terms, conditions, restrictions and notices therein.
Any changes we make to the Terms of Use will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Website and/or e-mail.
Disclaimers. THE WEBSITE AND THE MATERIALS OBTAINED THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SUNDOWNLAKE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. SUNDOWNLAKE DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE OR THE MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE (OR ANY PART THEREOF INCLUDING THE MATERIALS AND SUBMISSIONS), THE SERVER(S) ON WHICH THE WEBSITE IS HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE WEBSITE AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND MATERIALS AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF SUNDOWNLAKE OR VISITORS, WHETHER MADE ON THE WEBSITE, IN THE MATERIALS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE WEBSITE AND ANY MATERIALS PROVIDED THROUGH THE WEBSITE ARE ENTIRELY AT YOUR OWN RISK.
Limitation of Liability. NEITHER SUNDOWNLAKE NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE AND/OR MATERIALS CONTAINED ON THE WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, MATERIALS, SOFTWARE IS TO STOP USING THE WEBSITE, MATERIALS, OR SOFTWARE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO SUNDOWNLAKE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL MATERIALS, CONTENT AND SOFTWARE ON THE WEBSITE.