Terms & Conditions of Service

These Terms of Service apply to any website provided by SunRay Scientific, LLC, including the site at SunRayScientific.com, and to any products, services, or information offered on such website (hereafter “SunRay”) whether or not publicly accessible.

Welcome to SunRay Scientific!

This document sets out your rights and responsibilities for using our site.

As used herein, “Site” means the SunRay website (SunRayScientific.com), and any other sites provided in connection therewith, unless expressly excluded or where a separate policy is provided.

Preface

Please read these terms carefully because all uses of the Site are subject to these terms and conditions (“Terms” or “ToS”) as provided in this policy. By using the Site, you are acknowledging that you have read these Terms and agree to them.

If you do not agree to the Terms, you may not use the Site. There are no exceptions.You must be at least eighteen (18) years old to use the Site without the supervision of a parent or guardian.

We reserve the right to amend or change all or parts of these Terms from time to time.  Any such amendments or changes will be posted here and shall constitute the new terms and conditions for the Site henceforth.

A. Authorized Uses of The Site

The Site is the exclusive and private property of SunRay Scientific, LLC unless otherwise stated. Use of the Site is permitted under a “limited license” that provides you access on these Terms and permits personal use of the Site.

Your right to access and to use the Site is personal to you and may not be shared with any other person or persons.

Permissible uses of the Site include those uses which would normally be associated with any website of a primarily informational nature, and which are not expressly prohibited herein.  For example, you may browse and view the Site, and read or watch any content provided.

In some cases, a video, blog post, or other content may provide an opportunity for commenting directly or via social media, and of so, you are free to join the conversation. You may have the ability to interact with and/or share opinions or experiences with other visitors to the Site in such cases.

The Site is primarily an informational site providing learning materials related to the business, products, and services of SunRay Scientific, and related information, such as information on the underlying technologies SunRay employs.  The primary use of the Site for registered/authorized users will be to utilize the information provided to enhance understanding of the subject(s), and to interact with or request additional information from SunRay.  At times, you may be able to provide feedback, suggestions, or input to us directly in certain areas of the Site.  You may be invited to participate in voluntary surveys or polls, or you may have the opportunity to benefit promotions on the Site.  Other uses will be stated or provided on the Site from time to time.

While there are many permitted uses of the Site as detailed above, not all uses are permitted.

B. Unauthorized Use of The Site or The Content is Strictly Prohibited.

No unauthorized commercial uses are allowed of the Site or any of the content without written permission.

1.Intellectual Property, Use of Software Extraction Tools Prohibited:
Unless expressly stated otherwise, all of the Site content, including any written, audio, or video content, and any whitepaper or other information, is original and is subject to copyright protection.  See our Intellectual Property provisions below. In short, we reserve all rights under copyright and similar laws in the US and other jurisdictions.  You may not copy or reproduce any content or information from the Site except where expressly provided for that purpose.  If you do copy or reproduce any information without permission, we may immediately terminate your access, and you may be responsible for damages for infringing copyrights on our materials.

Except as otherwise expressly provided herein or on the materials themselves, you may not download or copy our information yourself, and you may not use software, robots, data mining tools, ‘scrapers’, extraction tools or the like to access, download, or obtain content or data from the Site.

2. Use is Limited to Standard Browsers and Devices.
You may only use a standard web-browser to access the Site.  Use of any other software to access the Site or our database(s) is in violation of these Terms.  You may access the Site via any standard device (e.g. using a desktop, laptop, or similar computer, or on a portable device such as a tablet, smartphone, or the like).  Any use of the Site that could in any way damage or impair the functionality for other users is prohibited.

3. You Must Use Authorized Login Credentials to Access Any NonPublic Areas of the Site.
If nonpublic areas of the Site are provided, you may only access such areas of the Site using authorized login credentials provided to you by SunRay, or permitted by SunRay.  You may not attempt to gain unauthorized access to the Site through any means including hacking, password guessing, code injection, IP spoofing, use of backdoors, or any other means.  All such uses are strictly prohibited.

C. Privacy Policy

Users of the Site should refer to SunRay's Privacy Policy for detailed information about how we collect and use information. Our general policy is to disclose only to enhance your user experience or to improve the Site, or where required to provide services you have purchased or registered for, or where required by law.

SunRay assumes no responsibility for information that you make public.  In some instances posting comments, questions may be possible.  In some instances, discussions of various learning materials may be possible.  Social plugins may be used to implement functions of various social media sites.  You should assume that such areas of the Site are “public” and that any such functions are viewable by other members of the SunRay community, and/or by the public in general.  You assume all responsibility for any personal information that you post publicly on the Site (including via social media).  You understand that such information may be publicly viewable and may be, and probably will be, publicly accessible via search engines or other means on the public Internet. Moreover, SunRay will not be liable for any harm or damages that may arise from disclosures of your personal identifying information made by you or others on any public accessible portion of the Site.  You should always carefully review any information or documents you post and remove or redact any personal identifying information you do not wish to disclose such as social security numbers, birth dates, phone numbers, credit card numbers, or the like.

D. Intellectual Property

You agree that you will not remove, replace, or obscure any copyright, trademark, service mark, or other indicia of source or ownership, nor any notices or legends used in connection with any content, information, products, or services provided on the Site.  Any effort to remove, obscure, or replace such marks is a violation of these Terms.

The prohibition on removing copyright and similar notices applies to any downloadable files that may be provided on the Site including any whitepapers, reviews, videos, or the like, even where we give you permission to share those files with others.  You must share the file as we provide it and not remove our marks, notices, or legends.

You may not download or copy ANY of our content in ANY area of the Site, except in accordance with these Terms, and as expressly stated in specific parts or portions of the Site. If a file or any content on the Site is intended for and made available for downloading, there will be downloading instructions, which will tell you that you can download it.   You also may not share any of our content unless it expressly indicates that you may share it.  You may not share it publicly or privately.  If a downloadable file does not expressly state that you may share it, then you may not do so without written permission.  If a sharing button or similar means of sharing is provided for any content, then you may only share that content using the provided means.

You agree to respect the rights of others including their intellectual property rights and moral rights in connection therewith.  You agree that you will not engage in any activities in connection with the Site that violate privacy laws or laws pertaining to defamation or libel, or the like, or any applicable laws or regulations in your locale.

Copyright

Unless otherwise noted, all SunRay content, including the content on the Sites, is copyrighted by SunRay and protected by United States and international copyright laws.  Any third party content provided by users may be copyrighted by such third parties and its use on the Sites is solely for discussion, commentary, and educational purposes, and is believed to be a fair use within the meaning of 17 USC § 107.

Trademarks

SUNRAY, ZTACH and other trademarks and service marks referenced herein are trademarks and service marks of SunRay.

Any other trademarks or service marks used or mentioned herein, whether or not registered, are the property of their respective owners.

SunRay's marks may not be used for any purposes without written permission, regardless of purpose.  For the use of any mark that is the property of a third-party, permission should be obtained from the owner if required.  For purposes herein, mere discussion or commentary that may involve federally trademarked names or names protected under the common law is believed to be nominative use(s) that are permissible and not subject to restriction.

E. External Links/Affiliate Relationships

SunRay may at times mention, suggest, or provide listing(s) of third-party resources or providers that we believe may be useful for visitors.  We may provide hyperlinks (or “links”) to resources, products, or services we find helpful in our business, or that we believe may be helpful to your business.  These links may direct you to or connect you with third party websites that are not related to the Site.  Such websites are third party-owned and operated sites that are not prepared, owned, or controlled by SunRay.

SunRay is not responsible in any way for the quality, content, nature, applicability, or reliability of sites accessible by hyperlink from the Site.  Unless we say otherwise, our inclusion of a hyperlink to an external website is not an endorsement of the sites, products or services by SunRay, nor a guarantee by us that the information or other material linked is accurate, current, or available.  SunRay assumes no responsibility and has no liability for any external links or any content on such third party sites.  We likewise make no claim regarding and accept no responsibility for sites that link to our Site.

Further, our decision to mention, suggest, or provide links to external or third party sites does not imply affiliation, endorsement, or adoption of those sites or any information contained therein.  You understand that SunRay is not in a position to evaluate the quality, price, advisability, or satisfaction that you may have with such products or services.

If SunRay or its owners have an affiliation, or business relationship with such other site or service provider, we will generally identify any such relationships clearly so that you understand that even though we endorse a particular product or service, use it in our business, or believe it to be helpful, we may also benefit in some way (even if indirectly and intangibly) if you choose to do business with the recommended business or site.  If you have any doubt as to whether we receive some benefit or not, you should assume we do, if that fact will impact your decision as to whether or not to visit a site, utilize a resource, or purchase a product or service.

If you choose to leave the SunRay Site via a link to browse a third party site, you should be aware that these Terms, our Privacy Policy, and other SunRay policies no longer apply.  You should review the applicable terms and policies, including privacy and data-gathering practices, of whatever site you go to, whether or not you followed a link from the SunRay Site to get there.

F. Accuracy of Information and Descriptions

1. Our Information
SunRay attempts to be as accurate as possible in its information and descriptions including with respect the content of the learning materials on the Site. We make every reasonable effort to ensure accuracy, however, we cannot guarantee that every piece of information on the Site is 100% accurate, complete, reliable, and/or error-free.

2. Your Information
When accessing any product or service through the Site where information input is required, you must provide only true and accurate information, which is current and complete. Your entry of any information is your promise that any name, mailing address, e-mail account, and/or other information you provide to SunRay is yours and/or registered to you and/or your use of such information is with permission. You understand that SunRay can bar your access to and use of the Site if we believe that you have intentionally provided untrue, inaccurate, not current, or incomplete information. You also promise that if you are entering information on behalf of a company or other entity, you are authorized to do so, and have sufficient authority to commit that company in a transaction if doing so.

G. Additional Terms

This Terms of Service agreement is also governed by the provisions below. You must agree and abide by these terms.

1. No Warranties are Made
SunRay makes no warranties, expressed or implied, regarding the content, information, products, or services provided on the Site.  No warranties or guarantees are made as to the suitability of any information on the Site for your particular needs. Your use of the Site is subject to your acceptance of any liability that may result as a consequence of actions you take or fail to take, and any or business decisions you make based on something you read, saw, watched, or heard on the Site.  You should always consult technically qualified people or have proper supervision before working on any electronic equipment or electronic component.  Some of the compounds or formulations involved in SunRay’s products or service may require proper handling or safety precautions.  If you are not qualified to work with such products and do not fully understand the risks, you should seek professional help.

All information, content, information, data, case studies, services, or products on the Site is provided on an "AS IS," and "AS AVAILABLE" basis.

Unfortunately, despite our efforts, the information SunRay provides may not always be available to you when you would like access.  We may, on occasion, suspend and/or deny access to the Site for updates, scheduled or unscheduled maintenance, enhancements, upgrades, improvements or corrections. We reserve the right to take down, remove, or archive information at our discretion.

SunRay strives to use commercially reasonably efforts to keep the Site and our content up to date and to avoid mistakes, however, notwithstanding those efforts, the information and materials may contain typographical errors or inaccuracies, or may become outdated. SunRay does not make any guarantees that it will update, change, or amend any information after it is posted, or that it will do so in a timely fashion relative to a change in e.g. the law.

Your sole recourse in the event you are unhappy with any particular information, content, product, or service is any stated or written guarantee. There are NO other warranties or guarantees made related to the use of the Site or the information, content, products, or services provided. Any guarantees or warranties that might be implied by law are specifically disclaimed including but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

2. SunRay’s Liability is Strictly Limited
SunRay is not and will not be responsible for any loss or damage that you might incur as a result of using the Site or the content, information, or the like, whether it results from an act or an omission by us or any other party, including another user.  You agree that you cannot and are not entitled to recover, whether in contract or tort, for any direct, special, indirect, punitive, consequential or incidental damages, attorney fees, or any other damages of any kind, even if we knew or were advised of the possibility of such damages. The limitation on liability includes damages from all causes including lost time, damage caused by viruses, spyware, adware, or other malware which may infect a user's equipment, unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure.

In all cases, our total liability based on your use of the Site shall be limited to the agreed-upon liquidated damages of $50.00.  Moreover, you agree that any such claims must be brought within 1 year of the date on which you first knew or should have known of your alleged claim, notwithstanding any state law to the contrary.

3. Accountability
You agree to be held accountable for your behavior on the Site, where applicable.  To ensure we are not held responsible for your actions, you agree to indemnify and hold harmless SunRay and its affiliates, subsidiaries, officers, owners, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including cost and/or attorneys' fees) made or incurred by any third-party arising out of and/or relating to your use of the Site, your violation of our Terms of Service, and/or your violation of any rights of a third party.

As to any portion of the Site that permits comments, questions, discussion, or social interaction, you understand that you may not post any comments, questions, or discussion points that include the intellectual property of a third party without authorization.  You agree not to publish or post any proprietary or confidential information, trade secrets, insider information, or similar information on the Site of any third party.  You understand that your indemnification will include any harm caused to us by such posts or comments.

4. No Conflict of Interests
If you have a personal or financial interest in any site, product, or service that may influence a comment or post, or that a reasonable person would want to know when reading your comment or post, you agree not comment or post information about that site, product, or service without disclosing your interest. You also agree to never to post under an assumed name or use a false identity on the Site for personal gain, or to avoid disclosing your interest. You agree not to post unfavorable information about any competing business or service without disclosing your business interests.  You also will not have another person make such comments or posts for your benefit or gain.

5. Jurisdiction and Binding Arbitration
These Terms, as well as the Privacy Policy for the Site shall be governed by and construed in accordance with the laws of the State of New Jersey, U.S.A., without regard to conflict of laws principles. In accordance with the clause below, you also expressly agree to arbitrate any and all disputes arising out of or relating to the Privacy Policy, Terms of Service and/or your use of the Site. You consent to the exclusive jurisdiction and venue in the courts of Monmouth County, New Jersey, U.S.A. to resolve any issues that cannot be resolved by arbitration, including the validity of the arbitration clause provided herein.

Any disputes arising under these Terms, SunRay’s Privacy Policy, or from your use of the Site shall be resolved solely by confidential binding arbitration conducted in accordance with the American Arbitration Association commercial arbitration rules. All arbitration shall be held in Monmouth County, New Jersey, USA, unless otherwise agreed in a signed writing.  Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees, unless the arbitrator(s) agree that the case was without reasonable basis in law or fact, in which case costs and attorney’s fees may be awarded to the prevailing party.  All your claims must be arbitrated on an individual complainant basis, and cannot be consolidated in any arbitration with any claim or complaint of any other party or parties, except as agreed upon in a writing signed by SunRay.

These Terms and the Privacy Policy constitute written agreements between you and SunRay with respect to the Site, your access, and your conduct. The Terms and our Privacy Policy as published on the Site supersede any other communications and/or proposals (whether oral, written, or electronic) with respect to the Site.  A printed version of the Terms and Privacy Policy shall be admissible in a judicial or administrative proceeding to the same extent and subject only to the same restrictions, as any other contract, document or record originally in printed form.

If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable by a Court having authority to opine on the matter, then that provision shall be severable from these Terms and the validity and enforceability of any remaining provisions shall remain unaffected.

The provisions of this section survive any termination of the Terms.

INTERNATIONAL USE

The Site are controlled and operated by SunRay Scientific, LLC from its headquarters in Long Branch, New Jersey, United States of America. Because the Site is hosted on the World Wide Web, access may be available in other countries. SunRay is happy to make the information, products, and/or services available to people in any country where legal. And while we are not currently aware of any country that bans information of this type, nor specifically the information we provide, SunRay makes no representation that materials on the Site are appropriate or legal for use in any locations outside the United States.  If you have access to the Site from a location outside the United States of America, you and you alone are responsible for compliance with all applicable laws of your jurisdiction. Accessing the Site from any country where the contents are deemed illegal or where they are contrary to regulations is prohibited and a violation of these Terms. If you choose to access the Site from other locations, you do so on your own initiative and at your own risk. You are responsible for compliance with local laws and/or consequences of violating such laws or regulations.

Your continued use of the Site is your acceptance of the foregoing Terms of Service in their entirety.

Questions regarding these Terms of Service may be directed to: legal@sunrayscientific.com

Please enjoy the Site!

rev. 090117