Sundance Spas, Inc. ("SSI") offers its Dealer Locator service and the content contained on this Web Site related thereto ("SSI Dealer Locator And Related Content") to you, conditioned upon your acceptance without your modification of the terms and conditions ("Terms") set forth herein:
You may use the SSI Dealer Locator And Related Content only for your personal and noncommercial use, only over the Internet through a landline connection, and only with one central processing unit at any one time. You may not modify, copy, distribute, transmit, publish, license, create derivative works from, transfer, or sell any SSI Dealer Locator And Related Content, or use the SSI Dealer Locator And Related Content to provide products and/or services to others without the express written consent of SSI. In the event of any permitted copying, redistribution or publication of SSI Dealer Locator And Related Content, you may not make any changes in or deletion of trademarks, copyright notices or other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading the SSI Dealer Locator And Related Content. Any rights not expressly granted herein are reserved.
REMEDIES FOR MISUSE AND/OR BREACH
You further acknowledge that your misuse of the SSI Dealer Locator And Related Content and/or breach of these terms and conditions will cause SSI irreparable harm that cannot be easily measured. In a legal action to recover for such misuse and/or breach, at the start of trial, SSI may elect to recover actual damages or liquidated damages in the amount of $35,000. SSI may also recover its attorney's fees.
COPYRIGHT AND TRADEMARK NOTICES
All SSI Dealer Locator And Related Content is copyright © 2005 Sundance Spas, Inc. and/or its suppliers and licensors. All rights reserved. Sundance(R) Spas is a a registered trademark of SSI. Third party trademarks referenced herein are trademarks or registered trademarks of their respective owners.
LINKS
The SSI Dealer Locator And Related Content may contain links to other Web Sites over which SSI has no control. SSI does not endorse and is not responsible or liable for any content on, availability of, or services provided by such Web Sites.
MISCELLANEOUS
SSI reserves the right to change or modify the Terms, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions to the Terms shall be effective immediately upon our posting on the page containing the SSI Dealer Locator And Related Content. You can review the most current version of the Terms at any time by clicking on "Dealer Locator Terms of Use" at the bottom of such page. Your use of the SSI Dealer Locator And Related Content constitutes your agreement to the Terms.
This Agreement constitutes the entire agreement between you and SSI regarding use of the SSI Dealer Locator And Related Content, and supersedes all previous written or oral agreements with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.