ACCEPTANCE OF TERMS:
DESCRIPTION AND USE OF THIS WEBSITE:
Morning Sun IT requires that all visitors to this Website owned, operated, licensed, and controlled by Morning Sun IT (the "Website") adhere to the following Terms And Conditions of Use. Morning Sun IT may change, suspend or discontinue any aspect of the Website at any time, including the availability of any feature, database or content. Morning Sun IT may also impose limits on certain features and services and/or restrict your access to parts or all of the Website without notice or liability of any kind. To the extent that You and Morning Sun IT have entered into a client's service/license agreement ("Client Agreement"), the terms and conditions of the Client Agreement will control in the event that of any provisions that may conflict with these Terms and Conditions of Use.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Website. No installation, implementation, customization, consultation, support or similar services are included within the scope of these Terms and Conditions of Use.
MODIFICATIONS TO WEBSITE:
We reserve the right at any time to modify or discontinue, temporarily or permanently, this Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Website.
COPYRIGHTS/RESTRICTIONS ON USE OF CONTENT:
The content, including but not limited to the written materials, images, audio, video and all other materials and information on this Website ("Content") is the intellectual property of Morning Sun IT or republished by Morning Sun IT under limited exceptions to the copyright laws. All rights of Morning Sun IT or other copyright holders are reserved. Content from this Website may only be used, copied, and/or reproduced for internal business informational purposes. In no event may it be used for the commercialization of any product, service or entity, or released to the general public without the consent of Morning Sun IT's legal authority. You agree that if you download any Content that you will assure that the Content is used only as permitted by these Terms and Conditions of Use. You also agree that you will not change any Content or create your own derivative work from any Content. Any other use of or link to the Content on this Website, including reproduction for purposes other than those noted above, without the prior written permission of Morning Sun IT is strictly prohibited. You may seek our permission by contacting with Morning Sun IT. If permission is granted by us (or by other entities with an interest in the relevant intellectual property), you may not change or delete any author attribution, trademark, legend or copyright notice. In the event that you are given authority to use any Content, your use of any Content should be attributed to Morning Sun IT or the author if specified.
Where License for any Service is not owned by Morning Sun IT, the source of this Content is provided ("Third Party Content"). Any refabrication or redistribution of Third Party Content whatsoever is expressly prohibited. Thus, should you wish to use any Third Party Content you are responsible for seeking appropriate approvals from the licensed owner.
If you use Content from this Website in violation of these Terms and Conditions of Use you may be in violation of your Client Agreement and may be subject to termination of your Client Agreement and damages for the legitmate violation under federal law.
NOTIFICATION OF ALLEGED UNLAWFUL ACTIVITIES:
If you believe in good faith that any unlawful activity is taking place on or through this Website or that any unlawful information has been submitted or uploaded on or to this Website, please promptly report the same to us. Please include the following information in your Notice of Unlawful Activity: (i) your full name, address, telephone number and email address; (ii) full details of the location on this Website of the material or information in question (including the URL of the link shown on the Website where such material or information may be found); and (iii) full details of the unlawful nature of the activity or material or information in question.
WHAT WE WILL DO WHEN WE RECEIVE A NOTICE OF INFRINGEMENT OR NOTICE OF UNLAWFUL ACTIVITY:
If we receive full and proper notification of an alleged infringement of Intellectual Property Rights or of any unlawful activity occurring on or through this Website or of any unlawful information being submitted or uploaded on or to this Website, we will take such action which we believe to be appropriate in the circumstances. Without limiting the foregoing, we will make an attempt to secure the voluntary take down of the Content which is the subject of any Notice of Infringement or Notice of Unlawful Activity. In any event, we reserve the right, in our sole discretion and without notice to any User, to: (i) delete, move, edit and/or disable access to any Content which is the subject of any Notice of Infringement or Notice of Unlawful Activity; or (ii) terminate access of any Service whose Content is the subject of any Notice of Infringement or Notice of Unlawful Activity.
Use of portions of this Website may be subject to the terms of a Client Agreement. Subject to the terms of the Client Agreement, we grant to you a limited, nonexclusive, nontransferable, nonsublicensable license to use this Website, solely for your internal business purposes. The Client Agreement may limit the number of users who are allowed access to this Website. You are required to take reasonable measures to protect access information and to assure that you do not permit unauthorized use of or access to this Website. We may audit your use of this Website to assure compliance with access restrictions and will pursue all available remedies for a breach of these access rules. You may not sell, rent, lease, lend, or transfer any services provided on this Website and you may not assign or sublicense your license to this Website. To the extent that you are not subject to a Client Agreement, we grant to you a limited, nonexclusive, nontransferable, nonsublicensable license to use this Website, solely for your personal or business use. The licenses set forth herein may be terminated in the event you breach the terms of these Terms and Conditions of Use. RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY Morning Sun IT.
You understand that we may in our sole discretion terminate your ability to use this Website if you violate these Terms and Conditions of Use. You may terminate these Terms and Conditions of Use by destroying all materials obtained from this Website and all related documentation and all copies and installations. Morning Sun IT may terminate these Terms and Conditions of Use immediately without notice if, in its sole judgment, you breach any of these Terms and Conditions of Use. Upon termination, you must destroy all materials obtained from this site and all related documentation and all copies and installations. You may not access this site after termination of these Terms and Conditions of Use without the written approval of Morning Sun IT, however, that Morning Sun IT shall retain all rights, including all copyright rights and the limitations on use and treatment of the Contents shall remain in full force.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE PRODUCT/SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. WE MAKE NO WARRANTY THAT (i) THE PRODUCT/SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF THE CONTENT OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS WEB WEBSITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEB WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE 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 ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY.
5. THIS WEBSITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS WEBSITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING THE MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
6. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY Morning Sun IT AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Morning Sun IT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) WHATSOEVER.
Our failure to exercise or enforce any right or provision of hereunder shall not constitute a waiver of such right or provision. If any provision hereunder is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should attempt to give effect to the parties' intentions as reflected in the provision, and the other provisions hereof shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms and Conditions of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree to indemnify, and hold Morning Sun IT and its affiliates and each of their directors, officer, employees and agents ("Morning Sun IT Indemnities") harmless from and against any and all claims, actions or demands brought against Morning Sun IT Indemnities arising out of or relating to your use of the Website or your breach of these Terms and Conditions of Use. The indemnification set forth in this Paragraph shall include all expenses and costs (including reasonable attorney fees) resulting from or arising out of the above claims.
These terms will be governed by and construed in accordance with the laws of the Country, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be filed only in the Local Court of respective Country, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any of these Terms and Conditions of Use is found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. These Terms and Conditions of Use and, to the extent applicable the Client Agreement constitute the entire agreement between you and us relating to the subject matter it contains. These Terms and Conditions of Use may be modified only by our posting of changes to these Terms and Conditions f Use.
By using the Website, you are deemed to agree to these Terms and Conditions of Use.