TERMS & CONDITIONS

THE FOLLOWING ARE THE TERMS AND CONDITIONS OF YOUR USE OF THIS WEB SITE. PLEASE READ THEM CAREFULLY BEFORE USING THIS WEB SITE.

By using this site, you agree, without limitation or qualification, to the following terms and conditions (as we may amend or terminate them in whole or in part from time to time) and all applicable laws. If you do not agree to these terms and conditions, please do not use this site. We reserve the right to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this website following our posting of any changes to these terms and conditions means that you accept those changes.

DISCLAIMER.

THIS SITE AND THE INFORMATION, GRAPHICS, MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEMA INTERNATIONAL® (“NEMA INTERNATIONAL”) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. NEMA INTERNATIONAL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE, THE INFORMATION, MATERIAL, PRODUCTS AND/OR GRAPHICS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEMA INTERNATIONAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE OR THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMLINESS, RELIABILITY OR OTHERWISE.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and NEMA INTERNATIONAL does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.

COPYRIGHT/TRADEMARKS.

All designs, text, graphics and images, and the selection and arrangement thereof, that are part of this site are the property of, or are used with permission by, NEMA INTERNATIONAL and are protected by copyright and trademark laws. No material and no software from this site or any web site owned, operated, licensed, or controlled by NEMA INTERNATIONAL may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of the NEMA INTERNATIONAL’S copyrights and other proprietary rights. The use of any such material on any other web site or networked computer environment is prohibited without NEMA INTERNATIONAL’S express written consent. All trademarks, service marks, and trade names are proprietary to NEMA INTERNATIONAL or other designated owner of a posted mark.

All trademarks, service marks and trade names of NEMA INTERNATIONAL used herein are trademarks or registered trademarks of Sunburst Products, Inc. or its affiliates. All other trademarks or logos that appear in this site are the property of their respective owners, including in some instances Sunburst Products, Inc. All elements contained in NEMA INTERNATIONAL’S websites, including its design and content are protected by trade dress, copyright (including moral rights), trademark and other laws relating to intellectual property rights.

TYPOGRAPHICAL ERRORS.

In the event a NEMA INTERNATIONAL product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, NEMA INTERNATIONAL and its retailers shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. NEMA INTERNATIONAL and its retailers shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has already been charged for the purchase and your order is canceled, NEMA INTERNATIONAL or its retailers shall issue a credit to your credit card account in the amount of the incorrect price.

LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEMA INTERNATIONAL SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF NEMA INTERNATIONAL (OR THEIR AUTHORIZED REPRESENTATIVE) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NEMA INTERNATIONAL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

MISCELLANEOUS.

This Agreement and your use of this site shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of the state of California, U.S.A., without giving effect to any principles of any choice of law provisions, and not by the U.N. Convention on Contracts for the Sale of Goods. You agree that jurisdiction over and venue in any legal proceeding involving NEMA INTERNATIONAL directly or indirectly arising out of or relating to this site (including but not limited to the purchase of NEMA INTERNATIONAL products) shall be in the state or federal courts located in Orange County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of NEMA INTERNATIONAL products) must be commenced within one (1) year after the claim or cause of action arises. NEMA INTERNATIONAL may give you responses or notices by electronic mail, posting to this site or by written communication sent by U.S. Postal Service. NEMA INTERNATIONAL’S failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. NEMA INTERNATIONAL may assign its rights and duties under this Agreement to any party at any time without notice to you. If any provision of this Agreement shall be unlawful, void, 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. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.

USER COMMUNICATIONS.

You are and shall remain solely responsible for the content of any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or communications, including any data, questions, comments, suggestions, or the like (collectively the “Information”) you transmit to NEMA INTERNATIONAL via this site, Internet electronic mail or otherwise. The Information shall be and remain the property of NEMA INTERNATIONAL. NEMA INTERNATIONAL is and shall be under no obligation (1) to keep confidential the Information or identity; (2) to pay any compensation for using the Information or (3) to respond to or post the Information. NEMA INTERNATIONAL shall exclusively own any now known or hereafter existing rights to any Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Information.

INDEMNIFICATION.

You agree to indemnify, defend, and hold harmless NEMA INTERNATIONAL, its subsidiaries, affiliates and their officers, directors, employees, agents, licensors, retailers and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing this site using your internet account. You agree that you will also indemnify and hold the Service Providers harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

THIRD-PARTY LINKS AND RETAILERS.

NEMA INTERNATIONAL may provide links and pointers to internet sites maintained by others (“third party sites”) as well as the location of participating retailers. NEMA INTERNATIONAL has not reviewed all of the third party sites linked to this site and is not responsible for the contents of or any products or services offered in such third-party sites. Also, access to participating retailers does not constitute an endorsement by NEMA INTERNATIONAL or any of its subsidiaries or affiliates of any retailers, or the resources, products or services offered by them. NEMA INTERNATIONAL has no responsibility or liability for these third-party independent policies or actions and is not responsible for the privacy practices or the content of such third-party web sites or retailers. Likewise, NEMA INTERNATIONAL is not the seller of products purchased from such retailers and is in no way responsible for shipping products and NEMA INTERNATIONAL disclaims any and all responsibility for shipping and handling of any products. While NEMA INTERNATIONAL provides links and locations of participating retailers and vendors who sell their products on-line, NEMA INTERNATIONAL cannot control the completion or validity of transaction of such retailers and vendors, the content of their websites, and does not endorse or control these independent retailers and vendors. These linked sites and store locations are only for your convenience and therefore you access them at your own risk. However, NEMA INTERNATIONAL seeks to protect the integrity of its web site and the links placed upon it and therefore welcomes any feedback on not only its own site, but for sites and retailers it links to as well (including if a specific link does not work).

SECURITY.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, NEMA INTERNATIONAL reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. NEMA INTERNATIONAL reserves the right to investigate suspected violations of these Terms and Conditions.

NEMA INTERNATIONAL reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing NEMA INTERNATIONAL to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS NEMA INTERNATIONAL FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY NEMA INTERNATIONAL DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER NEMA INTERNATIONAL OR LAW ENFORCEMENT AUTHORITIES.