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Legal Statement

ACCEPTANCE OF TERMS

These “Terms of Use” apply to the Suntech web site located at www.suntech-power.com, and all associated sites and online resources linked to www.suntech-power.com (collectively, the “Site”) by Suntech Power Holdings Co., Ltd., its subsidiaries, partners, and affiliates (collectively, “Suntech”).  By using the Site, you agree to these Terms of Use, which may change from time to time without notice;  if you do not agree or object to any term or condition of the Terms of Use, your only recourse is to immediately discontinue use of the Site.

Suntech reserves the right, at our sole discretion, to change, modify or otherwise alter any provision or term of the Terms of Use at any time.  Such changes shall become effective immediately upon the posting thereof.  Your continued use of the Site following the posting of changes signifies and will mean that you accept and agree to the changes.

 

COPYRIGHT

This Site and all content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Suntech or its content suppliers and all content is protected by United States and international copyright laws.  The compilation of all content on this Site is the exclusive property of Suntech and protected by U.S. and international copyright laws. All software used on this Site is the property of Suntech or its software suppliers and protected by United States and international copyright laws.

 

TRADEMARKS

All the trademarks used in this website are either owned by a Suntech entity or used under license from the respective trademark owners. These trademarks may not be used without the written permission from Suntech or the respective trademark owner.

 

LICENSE AND SITE ACCESS

Suntech grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Suntech.  This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.  This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Suntech.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Sunecth without express written consent.  You may not use any meta tags or any other "hidden text" utilizing Suntech’s name or trademarks without the express written consent of Suntech.  Any unauthorized use terminates the permission or license granted by Suntech.  You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of www.suntech-power.com so long as the link does not portray Suntech, or its products or services in a false, misleading, derogatory, or otherwise offensive matter.  You may not use any Suntech logo or other proprietary graphic or trademark as part of the link without express written permission.

 

DISCLAIMER

The materials may contain inaccuracies and typographical errors, and are provided "as is" without any express or implied warranty of any kind including, but not limited to, (A) warranties of accuracy, completeness, merchantability, non-infringement of intellectual property, or fitness for any particular purpose or (B) warranties of the reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance on any such advice, opinion, statement, memorandum, or information shall be at your sole risk. Suntech reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. Suntech may make any other changes to the Site, the materials, the products or information contained in this Site at any time without notice. In no event shall Suntech or its licensors/suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use the materials, even if Suntech has been advised of the possibility of such damages. Suntech also does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components. You understand and agree that any materials downloaded or otherwise obtained through the use of the Site is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of materials. Suntech does not make any warranty regarding any goods purchased or obtained through the Site or any transactions entered into through the Site.

Suntech’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements or create a binding agreement.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY SUNTECH ON AN "AS IS" AND "AS AVAILABLE" BASIS. SUNTECH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SUNTECH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SUNTECH DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM SUNTECH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SUNTECH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE OR COUNTRY LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

THIRD PARTY SITES

This Site may produce automated search results or otherwise link you to other sites on the internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Suntech, and you acknowledge that Suntech is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Suntech or any association with its operators.

 

PROMOTIONAL MESSAGES

Suntech and/or connected third parties may, from time to time, send email messages to you containing advertisements, promotions, etc. Suntech does not make any endorsement, representation or warranty with respect to the content of any such email messages or any goods or sites which may be obtained from such third parties, and you agree that Suntech shall not have any liability or be responsible for any damages whatsoever with respect to any such dealings or promotions, including but not limited to payment and delivery of goods, resulting from dealings with such advertisers on the Site.

 

INDEMNIFICATION

You agree to indemnify and hold Suntech, its officers, directors, shareholders, predecessors, successors in interest, agents, subsidiaries, affiliates and employees, harmless from any claim, loss, liability, expense, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site in violation of these Terms of Use by you, or the infringement by you, or any other User/Member of your account, of any intellectual property or other right of any person or entity.

 

APPLICABLE LAWS

This Site is controlled by Suntech from its offices within the United States.  Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws, if and to the extent that local laws are applicable.  The laws of the United States and the State of California shall govern any claim relating to the Site without regard to its conflict of law provisions.  You agree to the personal jurisdiction by and venue in the state and federal courts in San Francisco County, California, and waive any objection to such jurisdiction or venue.

Any claim brought by a user in the European Union must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

 

TERMINATION

Suntech reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice.

 

MISCELLANEOUS

If any provision(s) of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provision(s) shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use.  These Terms of Use constitute the entire agreement between you and Suntech with regard to your use of the Site, and any and all other written or oral agreements or understandings with respect to such use are hereby superseded and cancelled.

Suntech’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Suntech or any term, provision or right it has to enforce these Terms of Use, nor shall any course of conduct between Suntech and you or any other party be deemed to modify any provision of these Terms of Use.

 

CHANGES TO THIS POLICY

Please check this policy periodically to stay informed of any changes.

 

Updated by Suntech Legal Team on May 4, 2010

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