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General Terms and Conditions
(Last update: 2024.02.23)
Please read the Terms and Conditions carefully before using the Website. By using the Website, you agree to all the terms and conditions set out below. If you do not agree to the Terms and Conditions, do not use this website.
Terms and conditions of service for the SANNCE Online Shop
The following General Terms and Conditions (GTC) govern the contractual relationship between the users of these GTCs and the consumers and entrepreneurs who place orders via our shop at www.sannce.eu. They apply to all orders placed via our SANNCE shop.
I. General Terms and Conditions
1. basic provisions
1.1 This website, including areas accessible via the website (the "Website"), is published and maintained by SANNCE. By accessing, browsing or using this Website, you hereby accept, without limitation, the terms and conditions ("Terms and Conditions") set forth below. Your use of the Site constitutes your agreement to each of the terms and conditions set forth below. If you do NOT agree to these Terms and Conditions, the Website should NOT be used.
1.2 The user of these terms and conditions and the provider of the goods in the SANNCE Shop are:
UAB CHUMING TRADING LT
Lvovo g. 105A,
226-06
08104 Vilnius, Lithuania
Managing Director: Chuming Liu
Telephone: +370 694 26065 / +1 (308) 222-3952
Dispute resolution
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
EU platform for out-of-court online dispute resolution: http://ec.europa.eu/consumers/odr/
2 Conclusion of the contract
2.1 The subject of the contract is the sale of goods.
2.2 By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping basket system under the conditions specified in the item description.
2.3 The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the "shopping basket". You can call up the "shopping basket" via the corresponding button in the navigation bar and make changes there at any time.
After clicking on the "Checkout" or "Continue to order" button (or similar) and entering your data as well as the payment and shipping conditions, the order data will be displayed as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the Internet browser), or canceling the order.
By sending the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar) you declare legally binding acceptance of the offer, whereby the contract is concluded.
2.4 Your inquiries regarding the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless another period is specified in the respective offer).
2.5 The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured, and, in particular, that it is not prevented by SPAM filters.
3. Special agreements on the payment methods offered
Payment via "PayPal" / "PayPal Checkout":
When selecting a payment method that is offered via "PayPal" / "PayPal Checkout", payment is processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labelled button on our website and in the online ordering process. PayPal" may use other payment services for payment processing; if special payment terms apply, you will be informed of these separately. You can find more information about "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
4. right of retention, retention of title
4.1 You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.
4.2 The goods remain our property until the purchase price has been paid in full.
4.3 If you are an entrepreneur, the following also applies:
We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Before the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.
You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrues to you from the resale; we accept the assignment. You are further authorized to collect the claim. However, if you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.
If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the securities to be released.
5 Warranty
5.1 The statutory warranty rights apply.
5.2 As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will not affect your statutory warranty claims.
5.3 If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of the same by us before submitting the contractual declaration, and the deviation was expressly and separately agreed between the contracting parties.
5.4 If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
5.4.1 Only our specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions, and statements by the manufacturer.
5.4.2 In the event of defects, we shall provide a warranty at our discretion by rectification of defects or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a price reduction or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transport of the goods to a location other than the place of fulfillment, provided that the transport does not correspond to the intended use of the goods.
5.4.3 The warranty period is one year from delivery of the goods. The shortening of the period shall not apply:
- for culpably caused damage attributable to us arising from injury to life, limb, or health and in the case of other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items that have been used for a building by their normal use and have caused its defectiveness;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.
6 Choice of law
6.1 German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favourability).
6.2 The place of fulfillment for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is filed. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II Customer information
1. Identity of the seller
UAB CHUMING TRADING LT
Vilnius, Lvovo g. 105A, 226-06, LT-08104
Managing Director: Chuming Liu
Phone: +37068448799 / +1 (308) 222-3952
E-mail: support@sannce.com
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
We are not willing or obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself, and the correction options are carried out by the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1 The contract language is German.
3.2 We do not store the complete text of the contract. Before sending the order via the online shopping basket system, the contract data can be printed out using the browser's print function or saved electronically. After we have received the order, the order data, the information required by law for distance selling contracts, and the General Terms and Conditions will be sent to you again by e-mail.
3.3 In the case of requests for quotations outside the online shopping basket system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. Right of amendment
SANNCE reserves the right to modify, add, remove, or change any part of the terms and conditions at any time without prior notice. Any changes to these Terms and Conditions or any information on this website are effective as soon as they are posted. Your continued use of this website after changes are posted constitutes your acceptance of those changes. If you do not agree to these terms and conditions or any changes, you are not authorized to use the website.
5. Prices and payment terms
5.1 The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you in addition, unless delivery free of shipping costs has been promised.
5.3 If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
5.4 Any costs incurred for the transfer of funds (bank transfer or exchange rate fees) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.5 The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
5.6 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Delivery conditions
6.1 Items are dispatched at our discretion via different logistics service providers. We reserve the right to send several items of an order in separate deliveries.
6.2 Shipping within Germany is free of charge. For other countries, the shipping costs depend on the weight and vary depending on the country. Any shipping costs incurred will be displayed during the ordering process.
6.3 For orders in Germany, delivery will be made within 4-7 days after payment has been made.
7. Applicable law
This website is administered by UAB CHUMING based in Vilnius, Lithuania. The Terms and Conditions shall be governed by the laws of Vilnius, Lithuania. You agree that any claim or dispute against UAB CHUMING must be resolved by a court in the city of Vilnius, Lithuania.
8. Trademarks
Trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are registered and unregistered trademarks of SANNCE. Unauthorized use or reproduction of these Trademarks is strictly prohibited by law.
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Last Modified: August 19, 2022
ACCEPTANCE OF THE TERMS OF USE
These Terms of Use constitute a legal agreement and are entered into by and between you and SANNCE (collectively, the "Company," "we" or "us"). The Terms of Use, together with any documents they expressly incorporate by reference, govern your access to and use of www.sannce.com, including any subdomains and any content, functionality and services offered on, by or through it or them (the "Site").
Please read the Terms of Use carefully before you use the Site. By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy (the "Privacy Policy"). If you do not want to agree to these Terms of Use (including, without limitation, the Privacy Policy), you must not access or use the Site.
CHANGES TO THE TERMS OF USE
We reserve the right to modify these Terms of Use from time to time in our sole discretion. The date the Terms of Use were last revised is identified at the top of the page. Any and all modifications are effective immediately when we post them and apply to any and all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the modifications. You are expected to check this page frequently so you are aware of any modifications, as they are binding on you.
SCOPE OF SERVICE
You are responsible for obtaining any equipment and Internet service necessary to access the Site and for paying any fees for the equipment and service you select. We may alter, suspend or discontinue the Site in whole or in part, at any time and for any reason, without notice. The Site may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Site. Any transmission of personal information is at your own risk.
If you access the Site from a mobile device, your mobile carrier's rates and charges apply. We are not responsible for any charges you incur from your mobile carrier as a result of your use of the Site. You are responsible for ensuring that at all times while using the Site that you are not in violation of your wireless data service agreement.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site be correct, current and complete. You agree that all information you provide to register with the Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, 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 user name, 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 the Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name 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 user name, password 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.
ELECTRONIC COMMUNICATIONS
When you access or use the Site or send e-mails to us, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
INTELLECTUAL PROPERTY RIGHTS
The Site 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 affiliates, its licensors or other providers of such material and are protected by United States, Canada and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Site 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 our Site, except as follows:
* Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing these materials.
* You may store files that are automatically cached by your Web browser for display enhancement purposes.
* You may print one copy of a reasonable number of pages of the Site 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.
You must not
* Modify copies of any materials from the 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 the Site.
* Access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will cease 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 the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
TRADEMARKS
The Company name, the terms "SANNCE," "SANNCE Technology" and "SANNCE Corporation," and all related names, logos, product and service names, designs and slogans are trademarks of the Company 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 Site are the trademarks of their respective owners.
MARKETING
SANNCE has the rights to include Client's name and trademarks/logos in its marketing materials, including marketing materials posted on its website.
PROHIBITED USES
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
* In any way that violates any applicable federal, state, provincial, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
* For the purpose of exploiting, stalking, harming or attempting to exploit, stalk or harm any individual (including 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, including any "junk mail," "chain letter" or "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 e-mail 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 the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability.
Additionally, you agree not to:
* Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real-time activities through the Site.
* Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
Illicitly reproduce TCP/IP packer header.
* Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
* Use any device, software or routine that interferes with the proper working of the Site.
* 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 the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
* Attack the Site via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing
* Otherwise attempt to interfere with the proper working of the Site.
USER CONTRIBUTIONS; GRANT OF LICENSE
The Site 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 the Site.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the universe without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Contribution.
You represent and warrant that:
* You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our 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 fully 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 the Site.
MONITORING AND ENFORCEMENT; TERMINATION
We have the right, without the provision of notice, 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 or other right of any person or entity, threatens the personal safety of users of the Site 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 the Site.
* Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate 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 the Site. YOU HEREBY WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS AND SUCCESSORS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF, AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review material before it is posted on the Site, and we 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, provincial, 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 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.
* 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 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.
RELIANCE ON INFORMATION POSTED
The information presented on or through the Site 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 the Site, or by anyone who may be informed of any of its contents.
This Site 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.
CHANGES TO THE SITE
We may update the content on the Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE; PRIVACY
All information we collect on the Site is subject to our Privacy Policy. By submitting your personal information and using our Site, you consent to the collection, use, reproduction, hosting, transmission and disclosure of any such user content submissions in compliance with our Privacy Policy, as we deem necessary for use of the Site and provision of services.
By using the Site you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Site may not function adequately.
LINKING TO THE SITE AND SOCIAL MEDIA FEATURES
You may link to our homepage, 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.
The Site may provide certain social media features that enable you to:
* Link from your own or certain third-party websites to certain content on the Site.
* Send e-mails or other communications with certain content, or links to certain content, on the Site.
* Cause limited portions of content on the Site 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 the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
* Link to any part of the Site other than the homepage.
* Otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms of Use.
Additionally, the 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 cease.
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 THE SITE
If the Site 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 the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
GEOGRAPHIC RESTRICTIONS
The owner of the Site is based in Ontario, Canada, with its U.S. operations based in California. We provide this Site for use only by persons located in the United States and Canada. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States or Canada. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Site 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 our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, FLOODING, MAILBOMBING, CRASHING, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE SITE 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 THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
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 A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OBTAINED THROUGH THE SITE 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 OR IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR HAD REASON TO KNOW.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNIFICATION
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless the Company, its affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, 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 the Site, including, but not limited to, your User Contributions, any use of the Site's content or services other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.
GOVERNING LAW, JURISDICTION & DISPUTE RESOLUTION (EXCLUDING CANADA-BASED USERS)
This section applies to all users of the Site other than Canada-based users. All matters relating to the Site 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 Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts in each case located in Suffolk County, Massachusetts, 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.
At the Company's sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Site, 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 Massachusetts law.
GOVERNING LAW, JURISDICTION & DISPUTE RESOLUTION FOR CANADA-BASED USERS
This section applies to all Canada-based users of the Site. All matters relating to the Site 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 Province of Ontario and the federal laws of Canada applicable therein without giving effect to any choice or conflict of law provision or rule (whether of the Province of Ontario or any other jurisdiction).
Any action or proceeding arising out of or relating to the Site and under these Terms of Use will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
LIMITATION ON TIME TO FILE CLAIMS
UNLESS PROHIBITED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
WAIVER AND SEVERABILITY
No waiver of or by the Company of any term or condition set forth 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
These Terms of Use (including, without limitation, the Privacy Policy and any Terms of Sale posted on the Site, each of which are hereby incorporated by reference) constitute the sole and entire agreement between you and the Company with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.
YOUR COMMENTS AND CONCERNS
This Site is operated by SANNCE, 1100 Cranbury South River Rd, South Brunswick Township, NJ, 08831.
Should you become aware of misuse of the Site including libelous or defamatory conduct, you must report it to the Company at support@sannce.com.
All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to: support@sannce.com.
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