Terms of Use

Last Modified: 12/27/19

Welcome to the Sunflowr INC (the “Company,” “we,” or “us”) website. Thank you for viewing and/or availing yourself to our products and services.

Acceptance of the Terms of Use

These terms of use are entered into by and between you and the Company. The following terms and conditions (“Terms of Use”), govern your access to and use of www.Sunflowr.org, including any content, functionality, and services offered on or through this website (the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use this Website. By using this Website, you accept and agree to be bound to and abide by these Terms of Use and our Privacy Policy (found at https://Sunflowr.org/privacy-policy/), incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use this Website.

This Website is offered to and is available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access and/or use this Website.

Changes to the Terms of Use and Website

We may revise and update these Terms of Use and this Website from time to time in our sole discretion. This Website and its contents are not necessarily complete or up to date, and Company is under no obligation to update such content. All changes made to the Terms of Use and/or Website are effective immediately when we post them, and apply to all access to, and any authorized use of this Website thereafter. 

Your continued use of this Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so that you are aware of any changes, as they are binding on you.

‌Accessing this Website and Account Security

We reserve the right to withdraw or amend this Website, and any service and/or material we provide on this Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of this Website is unavailable at any time or for any period. From time to time, we may restrict access to this Website, to users, including registered users and/or guests.

You are responsible for both:

• Making      all arrangements necessary for you to have access to this Website.
• Ensuring      that all persons who access this Website through your internet connection      are aware of these Terms of Use and comply with them.

To access this Website and/or some of the resources it offers, you may be asked to provide certain registration details and/or other information. It is a condition of your use of this Website that all the information you provide on this Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on this Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

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 Website or portions of it using your username, password, or other security information. 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 also agree to ensure that you exit from your account at the end of each session. 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.

We have the right to disable any username, password, and/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 Use.‌

Intellectual Property Rights

This Website 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 the Company, 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, where applicable.

These Terms of Use permit you to use this Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on this Website, except as follows:

• Your      computer may temporarily store copies of such materials in RAM incidental      to your accessing and viewing those materials.
• You      may store files that are automatically cached by your Web browser for      display enhancement purposes.
• You      may print or download one copy of a reasonable number of pages of this      Website for your own personal, non-commercial use and not for further      reproduction, publication, or distribution.
• If we      provide desktop, mobile, or other applications for download, you may      download a single copy to your computer or mobile device solely for your      own personal, non-commercial use, provided you agree to be bound by our      end user license agreement for such applications.
• If we      provide social media features with certain content, you may take such      actions as are enabled by such features.

You must NOT:

• Modify      copies of any materials from this site.
• Use      any illustrations, photographs, video or audio sequences, or any graphics      separately from the accompanying text.
• Delete      or alter any copyright, trademark, or other proprietary rights notices      from copies of materials from this site.
• Access      and/or use for any commercial purposes any part of this Website and/or any      services and/or materials available through this Website.

If you wish to make any use of material on this Website other than that set out in this section, please address your request to: info@Sunflowr.org.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of this Website in breach of the Terms of Use, your right to use this Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to this Website or any content on this Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of this Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and/or other laws.

Trademarks

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

‌Reporting Claims of Copyright Infringement

We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringes your copyright, you may request removal of those materials (or access to them) from this Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice“) must include substantially the following:

• Your      physical or electronic signature.
• Identification      of the copyrighted work you believe to have been infringed or, if the      claim involves multiple works on this Website, a representative list of      such works.
• Identification      of the material you believe to be infringing in a sufficiently precise      manner to allow us to locate that material.
• Adequate      information by which we can contact you (including your name, postal      address, telephone number, and, if available, email address).
• A      statement that you have a good faith belief that use of the copyrighted      material is not authorized by the copyright owner, its agent, or the law.
• A      statement that the information in the written notice is accurate.
• A      statement, under penalty of perjury, that you are authorized to act on      behalf of the copyright owner.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly and materially misrepresent that material and/or activity on this Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Prohibited Uses

You may use this Website only for lawful purposes and in accordance with these Terms of Use. 

You agree NOT to use this Website:

• In      any way that violates any applicable federal, state, local, and/or      international law or regulation (including, without limitation, any laws      regarding the export of data or software to and from the US or other      countries).
• For      the purpose of exploiting, harming, or attempting to exploit or harm      minors in any way by exposing them to inappropriate content, asking for      personally identifiable information, or otherwise.
• To      send, knowingly receive, upload, download, use, or re-use any material      that does not comply with the Content Standards set out in these      Terms of Use.
• To      transmit, or procure the sending of, any advertising or promotional      material without our prior written consent, including any “junk mail,”      “chain letter,” “spam,” or any other similar solicitation.
• To      impersonate or attempt to impersonate the Company, a Company employee,      another user, or any other person or entity (including, without      limitation, by using email addresses or screen names associated with any      of the foregoing).
• To      engage in any other conduct that restricts or inhibits anyone’s use or      enjoyment of this Website, or which, as determined by us, may harm the      Company or users of this Website, or expose them to liability.

Additionally, you agree to NOT:

• Use      this Website in any manner that could disable, overburden, damage, and/or      impair the site or interfere with any other party’s use of this Website,      including their ability to engage in real time activities through this      Website.
• Use      any robot, spider, or other automatic device, process, or means to access      this Website for any purpose, including monitoring or copying any of the      material on this Website.
• Use      any manual process to monitor or copy any of the material on this Website,      or for any other purpose not expressly authorized in these Terms of Use,      without our prior written consent.
• Use      any device, software, or routine that interferes with the proper working      of this Website.
• Introduce      any viruses, Trojan horses, worms, logic bombs, or other material that is      malicious or technologically harmful.
• Attempt      to gain unauthorized access to, interfere with, damage, or disrupt any      parts of this Website, the server on which this Website is stored, or any      server, computer, or database connected to this Website.
• Attack      this Website via a denial-of-service attack or a distributed      denial-of-service attack.
• Otherwise      attempt to interfere with the proper working of this Website.

User Contributions 

This Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through this Website. All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to this Website will be considered non-confidential and non-proprietary. By providing any User Contribution on this Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material, for any purpose, according to your account settings.

User Acknowledgements

You represent and warrant that:

• You      own and/or control all rights in and to the User Contributions and have      the right to grant the license granted above to the Company and its      affiliates and service providers, and each of their and our respective      licensees, successors, and assigns.
• All of      your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of this Website.

Monitoring and Enforcement of User Contributions; Termination

Company has the right to:

• Remove      or refuse to post any User Contributions for any or no reason in our sole      discretion.
• Take      any action with respect to any User Contribution that we deem necessary or      appropriate in our sole discretion, including if we believe that such User      Contribution violates the Terms of Use, including the Content      Standards, infringes any intellectual property right or other right of any      person or entity, threatens the personal safety of users of this Website      or the public, or could create liability for the Company.
• Disclose      your identity or other information about you to any third party who claims      that material posted by you violates their rights, including their      intellectual property rights or their right to privacy.
• Take      appropriate legal action, including without limitation, referral to law      enforcement, for any illegal or unauthorized use of this Website.
• Terminate      or suspend your access to all or part of this Website for any or no      reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through this Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND/OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY AND/OR SUCH PARTIES AND/OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on this Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain      any material that is defamatory, obscene, indecent, abusive, offensive,      harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote      sexually explicit or pornographic material, violence, or discrimination      based on race, sex, religion, nationality, disability, sexual orientation,      or age.
• Infringe      any patent, trademark, trade secret, copyright, and/or other intellectual      property or other rights of any other person.
• Violate      the legal rights (including the rights of publicity and privacy) of others      or contain any material that could give rise to any civil or criminal      liability under applicable laws or regulations or that otherwise may be in      conflict with these Terms of Use and our Privacy Policy.
• Be      likely to deceive any person.
• Promote      any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause      annoyance, inconvenience, or needless anxiety or be likely to upset,      embarrass, alarm, or annoy any other person.
• Impersonate      any person or misrepresent your identity or affiliation with any person or      organization.
• Involve      commercial activities or sales, such as contests, sweepstakes, and other      sales promotions, barter, solicitation, or advertising.
• Give      the impression that they emanate from or are endorsed by us or any other      person or entity, if this is not the case.

Linking to this Website and Social Media Features

You may link to this Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

• Link      from your own or certain third-party websites to certain content on this      Website.
• Send      emails or other communications with certain content, or links to certain      content, on this Website.
• Cause      limited portions of content on this Website to be displayed or appear to      be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must NOT:

• Establish      a link from any website that is not owned by you.
• Cause      this Website or portions of it to be displayed on, or appear to be      displayed by, any other site, for example, framing, deep linking, or      in-line linking.
• Link      to any part of this Website other than the homepage.
• Otherwise      take any action with respect to the materials on this Website that is inconsistent      with any other provision of these Terms of Use.

This Website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Links from this Website

If this Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or this Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to this Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THIS WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THIS WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THIS WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Reliance on Information Posted

The information presented on or through this Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to this Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of this Website, including, but not limited to, your User Contributions, any use of this Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from this Website.

Governing Law and Jurisdiction

All matters relating to this Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Wyoming without giving effect to any choice or conflict of law provision or rule (whether of the State of Wyoming or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or this Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wyoming, in each case located in the City of Temecula and County of Riverside, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Geographic Restrictions

The owner of this Website is based in the State of Wyoming in the United States. We provide this Website for use only by persons located in the United States. We make no claims that this Website or any of its content is accessible or appropriate outside of the United States. Access to this Website may not be legal by certain persons or in certain countries. If you access this Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.‌

Arbitration

At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of this Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Wyoming law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THIS WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU WAIVE THE RIGHT TO FILE AN ACTION ARISING DIRECTLY OR INDIRECTLY FROM THESE TERMS OF USE AND/OR THIS WEBSITE UNDER ANY LONGER STATUTE OF LIMITATIONS.

THE FOREGOING DOES NOT AFFECT ANY STATUTE OF LIMITATIONS THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

‌Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

‌Entire Agreement

The Terms of Use, our Privacy Policy constitute the sole and entire agreement between you and the Company regarding this Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding and/or arising out of this Website.

‌Your Comments and Concerns

This website is operated by Sunflowr LLC.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to this Website should be directed to: info@Sunflowr.org.