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Website Use Terms and Conditions

These website terms and conditions apply solely to websites owned or operated by Sunbird. Inc. (“Sunbird”). Please note that certain other Sunbird internet services may have additional terms and conditions regarding your use of those services, and nothing in these terms and conditions is intended to modify such additional terms and conditions. IF YOU DO NOT AGREE TO THESE WEBSITE TERMS AND CONDITIONS, THEN YOU MAY NOT USE THIS SITE.

Permission to make and internally use copies of the text, graphics, images, video and audio files and other information ("Content") from this site is granted subject to the following:

  • 1. Any copies shall be used only for your internal, non-commercial use;
  • 2. Any copies must include the following copyright notice: "Copyright 2004, 2005, 2006, 2007, and 2008 Sunbird. All rights reserved";
  • 3. Permission is granted only to the person legally accessing this server and is not transferable to any other person.
  • 4. Without the express prior written authorization of Sunbird, you may not use, modify, copy, print, display, reproduce, distribute, manipulate, or publish any content from this site; or:
    • a. use any data mining robots ("bots"), hardware or software modules that add a specific feature or service by plugging into an existing larger system ("plug-ins"), or other data gathering and extraction tools, scripts, applications, or methods on this site;
    • b. use any device, software, or hardware to bypass any operational element or to interfere, or attempt to interfere, with the proper working of this site, server or activities conducted therein, including taking any action that imposes an unreasonable or disproportionately large load on this site or its network infrastructure or that adversely affects our network or other customers;
    • c. decompile, reverse engineer, modify or disassemble any of the software in or associated with the network and/or server;
    • d. use any meta tags or any other "hidden text" utilizing Sunbird's name or any Sunbird trademark without Sunbird's prior written permission;
    • e. frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Sunbird or use any Sunbird trademark except as set forth in the foregoing limited license in these terms and conditions; or
    • f. otherwise exceed your limited access to the site as authorized by Sunbird.

Sunbird reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions and to suspend or end your service for any operational or governmental reason or violation of these terms and conditions. Unauthorized use of this site or the network infrastructure and/or data display by a person or entity that is not the authorized user of the account is illegal and Sunbird reserves the right to take legal action. The Content may contain other proprietary notices or describe products, services, processes or technologies owned by Sunbird or third parties. Except for the foregoing limited license to make and internally use copies of the Content, nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of Sunbird or any third party.

User Name and Password

If you access the site anonymously, you may do so as a visitor and will not be required to create a user name. However, in order to access certain services on the site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of your user name and password and will be solely liable for any use or unauthorized use under such user name and password. We may suspend or terminate your user name and password at any time with or without notice if you fail to comply with any term or provision of this agreement. Upon termination, you agree to cease any use of this site and destroy all materials obtained from this site and any and all other Sunbird site(s), and all copies thereof, whether made under the terms of this agreement or otherwise.

Requirements for linking to www.sunbirdDCIM.com

You may link to our site, subject to the following guidelines:

  •      1. Sunbird link must not appear connected to any other logos and graphics.
  •      2. The Sunbird link must not be used in any way that implies an endorsement by Sunbird of any third party or their product or service.
  •      3. You may only use a text hyperlink, and no use of the Sunbird logo or Sunbird artwork or graphics is permitted without Sunbird’s prior written authorization.
  •      4. The Sunbird name must not be associated with unfair, deceptive or libelous advertising or commentary or used in any way that will tend to injure or compromise our professional reputation and corporate identity and policies.
  •      5. Your text hyperlink must include the following company name: Sunbird. No stylization is permitted.

Trademarks

Sunbird, the Sunbird service and product names in this site, and the other trademarks, logos, and service marks (collectively the "Trademarks") used in this site are the property of Sunbird or their respective owners and are protected by U.S. and international copyright and trademark laws. Nothing contained in this site should be construed as granting by implication, estoppel, or otherwise, a license or right of use of Sunbird or any other Trademark displayed in the site without the prior written permission of Sunbird or its respective owner.

Consent to Monitoring and Disclosure

Sunbird is under no obligation to monitor the Content and any other information residing on or transmitted to this server. However, anyone using this server agrees that Sunbird may monitor the server contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the server properly or to protect itself and its users. Sunbird reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions and to suspend or end your service for any operational or governmental reason or violation of these terms and conditions. Unauthorized use of this site or the network infrastructure and/or data display by a person or entity that is not the authorized user of the account is illegal and Sunbird reserves the right to take legal action.

Electronic Submissions

Sunbird may provide users of this site the ability to submit information ("Submissions"). By using this service, you grant Sunbird permission to use these Submissions in connection with Sunbird’s ordinary course of business. Except for the restrictions on use provided in Sunbird’s Privacy Policy, any material, information, or idea you transmit to or post on this site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Sunbird, or its affiliates, at its discretion, including without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, or translate the Submission, and Sunbird shall have sole ownership of any derivative works. Sunbird shall have no obligations with respect to these Submissions. By posting these Submissions you warrant and represent that you own or otherwise control all of the rights associated with your Submission. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. You agree to indemnify Sunbird against any claim arising out of or related to the content of the Submission.

Disclaimer of Liability

THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVER AND THE INTERNET GENERALLY. SUNBIRD AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE CONTENT, INCLUDING BUT NOT LIMITED TO THE DOCUMENTATION AND RELATED GRAPHICS, ACCESSED FROM, OR VIA, THIS SERVER OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.SUNBIRD DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SERVER OR OTHER MATERIAL ACCESSIBLE FROM THE SERVER. IN NO EVENT SHALL SUNBIRD BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE CONTENT, THIS SERVER OR THE INTERNET GENERALLY.

No Warranties

ANY SUNBIRD MATERIAL ON THIS SERVER MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE CONTENT PROVIDED ON THIS SERVER IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR CONTENT GIVEN BY SUNBIRD, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER SUNBIRD NOR ITS AFFILIATES WARRANT THAT THE CONTENT ON THIS SERVER OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTIBLE OR ERROR FREE OR THAT ANY CONTENT, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

Under no circumstances, including, but not limited to negligence, shall Sunbird or its affiliates, be liable to you or any third parties for any direct, indirect, incidental, special, consequential or punitive damages of any kind resulting from the use, inability to use this site, or the results of use of this site, including damages for loss of profits, use of data, lost data, business interruptions, or other intangibles, even if Sunbird or a Sunbird-authorized representative has been advised of the possibility of such damages. If your use of the materials, information, or services from this site results in the need for servicing, repair, or correction of equipment of data, you assume all costs thereof. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Disclaimer of Endorsement

Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by Sunbird. Product and service information is the sole responsibility of each individual vendor. We encourage you to be aware when you leave our site and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites.

Digital Millennium Copyright Act

Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on Sunbird system or network, should be promptly sent in the form of written communication to Sunbird's Designated Agent:

Contact Sunbird, Inc.
200 Cottontail Lane, Suite B106E
Somerset, NJ 08873
customerquestions@sunbirddcim.com

All claims must include the following information

  • 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • 2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
  • 3. 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 the service provider to locate the material;
  • 4. Information reasonably sufficient to permit the service provider 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;
  • 5. 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
  • 6. 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.

Changes

All information posted on the site is subject to change without notice. In addition, these terms and conditions may be changed at any time without prior notice. We will make such changes by posting them on the site. You should check the site for such changes frequently. Your continued access of the site after such changes conclusively demonstrates your acceptance of those changes.

Indemnification

You agree to indemnify, defend and hold harmless Sunbird and its affiliated companies, and its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners, licensors, licensees and representatives from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney's fees and costs, arising from, or related to, any breach by you of any of these terms and conditions or applicable law.

Governing Law

Except for trademark and copyright matters governed by the federal laws of the United States, the foregoing provisions shall be governed by and construed in accordance with the substantive laws of the State of New Jersey, without regard to the principles of conflict of law thereof. You agree and consent that the courts of the State of New Jersey shall be the forum for resolving any disputes, suits or claims arising out of the use of this site, or the information obtained from this site, and will not raise the defense of an inconvenient forum in any such action. Sunbird makes no representation that materials or services at this site are appropriate or available for use outside the United States, and access to them from territories where their contents is illegal is prohibited. You may not use or export the materials or services at this site or any copy or adaptation in violation of any applicable laws including without limitation U.S. export laws and regulations. If you choose to access this site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

Other

If any provision of this agreement shall be held by a court of law (or other such official) as being unlawful, void, inapplicable or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Sunbird reserves the right to change or modify the terms and conditions applicable to the use of this site at any time without notice to you. Such changes, modifications, additions, or deletions to the terms and conditions of use shall be effective immediately. Any use of this site shall be deemed to constitute acceptance by you of all then-current terms and conditions. Sunbird may terminate, change, suspend or discontinue any aspect of the site, including the availability of any features of this site, at any time. Sunbird may also impose limits on certain features and services or restrict your access to parts of this site without notice or liability.

These terms and conditions make up the entire agreement between the parties relating to the subject matter herein and shall not be modified by either party except as discussed above.