Effective December 15, 2015
Acceptance of Terms
Your use and browsing of this Website is at your risk. If you are dissatisfied with any of the materials contained in this Website, with the quality of service, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using this Website.
Modification Of The Terms
Suma reserves the right to modify our Terms at any time, in our sole discretion, with or without notice to you. We may contact you in the event of changes to these Terms, but we are not always required to do so and so you should review the terms of our Terms periodically to stay informed of any changes and ensure your continued agreement.
Modifications to our Terms are effective upon our posting of the amended Terms to the Website. The terms of the current Terms supersede all previous notices or statements regarding our privacy practices and become the terms and conditions that govern your use of the Website. You agree to review these Terms regularly to make yourself aware of any changes. Your continued use of the Website shall be considered your acceptance of the revised Terms. You may determine the date the Terms was last amended and the current Terms by referring to the "Effective" date shown at the top of these Terms. Your use of the Website after the Effective date serves as your permission for your personal information to be used under the terms of the current Terms.
If you have questions or comments, please contact us at:
SUMA America Inc.
1001 Mittel Drive
Wood Dale, IL 60191
Phone: (847) 427 7880
Suma's Website is intended for use by adults, and is not directed to minors under the age of 18. By accessing or using the Website and thereby agreeing to these Terms, you represent and warrant to us: (1) that you have not previously been suspended or removed from the Website; and (2) that your registration and your use of the Website is in compliance with any and all applicable laws and regulations. Any registration by anyone under 18 is void.
Your Representations & Warranties to Suma
By using the Website, you expressly represent and warrant that you are legally entitled to enter this Agreement. If you reside in a jurisdiction that restricts the use of the Website because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Website. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. If you are using the Website on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization. When using the Website, you agree to comply with all applicable laws from your home nation and the country, state and city in which you are present while using the Website.
By using the Website, you represent, warrant, and agree that:
You will only use the Website for lawful purposes, and you will not use the Website for sending or storing any unlawful material or for fraudulent purposes;
You will not use the Website to cause nuisance, annoyance or inconvenience;
You will not impair the proper operation of the Website or any network which is used to support or access the Website;
You will not try to harm the Website in any way whatsoever;
You will not copy, or distribute the Website or other content without written permission from Suma;
You will only use the Website for your own use and will not resell any aspect of the Website to a third party;
You will keep secure and confidential any account password or other identification we provide you which allows access to the Website; and
You will provide us with whatever proof of identity we may reasonably request.
As a condition of your use of the Website, you further agree not to use the Website: (1) for any purpose that is prohibited by these Terms; or (2) for any other purpose not reasonably intended by Suma as typical or expected use of the Website consistent with the purpose for which the Website were created.
You specifically agree you will not do any of the following:
Abuse, harass, threaten, impersonate, or intimidate others;
Post, upload, or otherwise distribute or post links to any content that is unlawful, defamatory, libelous, inaccurate, or that you do not have all necessary rights to transmit, or that Suma or a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate as determined by Suma in its sole discretion;
Use the Website for or in connection with any illegal purpose, or in violation of any applicable local, state, national, or international law or rule or regulation having the force of law;
Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain any password or other confidential information, or private information from any Website User;
Create or submit unwanted email ("Spam") to any other person or any URL;
Submit content linking or otherwise directing others to affiliate programs, multi-level marketing schemes, or off-topic content;
With the exception of accessing RSS feeds, to use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission;
Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
Interfere or attempt to interfere with the proper working of the Website or any activities conducted on or through the Website;
Bypass any measures we may use to prevent or restrict access to the Website or any part of the Website;
Interfere with the operation of the Website or any User's enjoyment of the Website, including without limitation, by: (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious software or code; (ii) making unsolicited offers, advertisements, or other solicitations, directing spam or other unsolicited communications to other Users, or conducting your own contests or promotions using the Website; (iii) attempting to collect personal information about Users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Website, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
Share, sell, or otherwise transfer the access granted to you to the Website, including login information or password, or otherwise permit any other person to access the Website using login information or password provided to or created by you;
Use the Website, related content, or any component thereof, for any unintended commercial purpose, including advertising, offering for sale, or selling any item using the Website;
Violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party Intellectual Property or other legal rights;
Reproduce, distribute, publicly display or perform, modify, make derivative works of, redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Website, Content, code or program, available to others, in whole or part;
Interfere with security features of the Website, including without limitation, by: (i) disabling or circumventing features that prevent or limit use or copying of content, or which violate copyrighted or otherwise legally protected software; or (ii) reverse engineering or otherwise attempting to extract the source code of the Website or any part thereof, except to the extent that such activity is expressly permitted by applicable law;
Perform any fraudulent activity using or in connection with the Website, including impersonating any person or entity, claiming false affiliations, accessing the accounts or passwords of others without permission, or falsifying your age, date of birth, or contact information; or
Attempt to do any of the foregoing in this Section, or assist or permit any persons in engaging in any of the activities described in this Section.
Website Content and Use
Suma or its third party licensor partners own all text, links, graphics, images, photos, music, software, audio, video, information, software, copyrights, trademarks, trade dress, and other materials and intellectual properties comprising or included within the Website ("Content"). Your use of the Website does not grant you any rights to the use or control of any of the Content, except those rights expressly granted by this Agreement. Any copying, republication, redistribution, or creation of derivative works based upon the Content, including by caching, framing or any similar means, without the prior written consent of Suma is strictly prohibited.
The Website and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Suma and its licensors exclusively own all right, title and interest in and to the Website and Content, including all associated Intellectual Property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website or Content. Suma or its partners shall retain all worldwide rights in and to all Intellectual Property comprising or included within the Content, including, but not limited to all trademarks, graphics, logos, designs, page headers, button icons, scripts, service names, software code, the "look and feel" of the Website, and copyrighted works associated with the services are common law and/or registered copyrights, trademarks, and/or trade dress of Suma.
You should assume that everything you read or see on the Website is copyrighted or otherwise protected and owned by Suma, or a third party who licensed the right to use such content to Suma. Unless provided in this Agreement or otherwise expressly noted, nothing that you read or see on the Website, or any of the source code or HTML code that Suma uses to generate the Website may be copied, reproduced, modified, distributed, transmitted, republished, framed, downloaded, scraped, posted, sold, displayed, or performed, in any form or by any means, in whole or in part, without the prior written consent of Suma or the appropriate Content owner without prior written consent, except as provided in these Terms or otherwise permitted by relevant law.
Suma's Licenses to You
Subject to your compliance with the terms and conditions of these Terms, Suma grants you a limited, non-exclusive, non-transferable, non-sublicensable license to: (1) access, view, download, print, and otherwise use the Website and the Content solely for your personal, non-commercial use; and (2) access and view Content solely for your personal, non-commercial use and in accordance with these Terms.
Suma further grants you a license to use the following Content only for your own non-commercial use:
Product specification sheets
All other information and documentation
Suma grants you a license to reproduce and distribute the Content for the following limited purposes:
(1) for non-commercial reference and/or informational purposes; and
(2) for the limited commercial purpose of marketing Suma products and accessories that you sell with Suma's authorization and services that you provide that make use of Suma products.
Suma reserves the right, in our sole discretion, to terminate or modify permission to use and display the Content, and may request that you modify or delete any use of Content that, in our sole judgment, does not comply with these Terms, or that might otherwise impair our rights in the Content, and you agree to comply with such changes and requests.
Your license to use the Content is subject to the following restrictions:
1. You may not make derivative works of the Content.
2. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website.
3. You must not use the Content in any way that would confuse consumers as to who offers your products and services, or as to the relationship between you and Suma.
4. You may not mimic or make use of our product packaging, product design, Website or advertising in any way that may cause consumer confusion as to the source of your or Suma products and services.
5. You may not use the Content in any parody of Suma, employees of Suma, or Suma's products, services, or intellectual property.
6. You may not use the Content in any way that would disparage Suma or our reputation and goodwill.
7. You may not use the Content on any aggregation, auction, product comparison or mirror site without prior written permission from Suma.
8. Except for use under the conditions in these Terms, no permission is given to re-post on another website, transmit, change, distribute, sell, or use the Content of this Website (or a portion thereof) for any other purposes, in any media, without prior written approval of Suma.
9. Suma's permission to use the Content does not create an agency, employment, joint venture, or partnership relationship between you and Suma. You must not use the Content in any way that might mislead consumers into believing that such a relationship exists.
No licenses or rights are granted to you by implication or otherwise except for the licenses and rights expressly granted in these Terms. Any use of the Website or the Content other than as specifically authorized herein, without the prior written permission of Suma, is strictly prohibited and will immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to Intellectual Property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
Your License to Suma
Certain portions or features of our Website may permit users to post, upload, publish, submit, or transmit Content they created, owned, or are authorized to use, to be made available through the Website. If you make Content available through the Website, you hereby grant to Suma and its respective subsidiaries, affiliates, successors, assigns, licensees, resellers, sub-licensees, and other such parties as Suma may designate from time to time, which may include any or all other users of the Website, an irrevocable, worldwide, perpetual, non-exclusive, transferable, sublicensable, royalty-free license, to use, reproduce, access, view, copy, adapt, import, edit, modify, reformat, translate, post, distribute, license, sell, offer to sell, transfer, commercialize, publicly display, publicly perform, transmit, stream, broadcast, create derivative works from, and otherwise utilize such Content, in whole or in part, for any purpose whatsoever, in any and all media and distribution methods (now known or later developed), including, without limitation, on or within the Website, as well as a license to use your name and likeness in marketing materials and in the Website to promote your use of the Website. You agree and acknowledge that this license cannot be terminated, and the waiver cannot be revoked by you once you've submitted Content within the Website. Your grant of this license to Suma to utilize your submitted Content does not displace your ownership of that Content, or any license or authority you may have from any third parties to utilize any Content you share. Suma does not claim ownership rights in your Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Content.
You acknowledge and agree that you are solely responsible for all Content that you make available through the Website. Accordingly, you represent and warrant that: (1) you either are the sole and exclusive owner of all Content that you make available through the Website, or that you have all rights, licenses, consents, and releases necessary to utilize and share the Content, and to grant Suma the rights in such Content contemplated under these Terms; (2) neither the Content, your posting, uploading, publication, submission, or transmittal of the Content, or Suma's use of the Content (or any portion thereof) on, through, or by means of the Website will infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other Intellectual Property rights, or rights of publicity or privacy, or contractual rights or agreements, or result in the violation of any applicable law or regulation; and (3) any persons identified, depicted, or shown in your Content, in whole or part, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content on and through the Website. We do not approve, control or endorse your or anyone else's Content and have no obligation to do so. However, we reserve the right (but assume no obligation) to remove or modify any Content from the Website at any time, for any reason, including Content we believe violates these Terms.
Suma, along with its licensors and partners, own all right, title, and interest in and to the Website, and all related Intellectual Property rights, including all registered and unregistered trademarks, trade dress, graphics, logos, designs, page headers, button icons, scripts, service names, software code, inventions, copyrights, and copyrightable works, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, excluding User Content (collectively, the "Suma IP"). The Suma IP may not be used in connection with any product or service in any manner that is likely to cause confusion or otherwise violate the rights granted to us in Suma IP, including use of any Suma IP as part of third party trademarks, trade dress, and/or as part of domain names, email addresses, account names or handles, or other digital properties.
This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Website, or any Intellectual Property rights owned by Suma. The Suma name, the Suma logos and designs, and the product and services names associated with the Website are trademarks of the Suma or its affiliated third parties, and no right or license is granted by this Agreement to you to use the Suma IP for purposes not directly related to your use of the Website.
SUMA, the SUMA stylized rectangular logo, Giantmix, Recordmix, Optimix, and the Suma green color as used with mixers and agitators for biogas and liquid manure are either unregistered or registered trademarks of Suma.
Suma trademarks (including any of the trademarks listed herein) may only be used to identify authentic Suma products or services and then only in accordance with our Trademark Usage Policy. Other use of Suma trademarks is strictly prohibited.
Third Party Advertising & Marketing
Suma may employ third party advertising and marketing to deliver ads, information, and other promotions to you, both through the Website, and via other mechanisms to provide such materials to you outside of the Website on third party websites or platforms. By agreeing to our Terms you agree to receive such advertising and marketing from Suma and our partners. If you do not wish to receive such advertising, you may notify us in writing using the contact information provided below. Suma may compile and release information regarding you and your use of the Website on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Website.
As part of your use of the Website, you may be asked to elect to receive email notifications from Suma and its partners. These messages may include event updates and other promotions. Your election to receive such messages represents your express written consent to receiving emails from Suma related to the Website.
By using the Website, you consent to receive from Suma all communications, including notices, agreements, legally required disclosures or other information in connection with the Website (collectively, "Notices") electronically. Suma may provide such Notices by posting them on or within the Website or by otherwise sending or communicating them to you. You agree that we may communicate with you regarding Suma and other entities by electronic means to your mobile device and that certain information about your usage of the Website may be communicated to us. In the event you change or deactivate your mobile device, you agree to promptly update your information to ensure that your messages are not sent to the person that acquires your old device. Suma may email you from time to time to inform you about our products and services that we think will interest you, unless you inform us that you opt out from receiving such communications.
You may opt-out of receiving further notifications in association with the Website by completing the opt-out process provided to you with each email message, or by contacting us using the contact information provided below. By opting out of receiving notifications, you understand that we may not be able to communicate important information to you.
Suma may give notice by means of a general notice on the Website, electronic mail to your email address on record, or by written communication sent by first class mail or pre-paid post to your address on record. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Suma, to be deemed given upon actual receipt by the Suma, at any time by providing written correspondence to Suma at the contact information provided below.
Hyperlinking to our Website is permitted only if our Website content is shown in its entirety, without alteration and without framing. You may hyperlink directly to specific pages or files available on our Website provided that your intended visitors' use is for informational and/or reference purposes only. You may not use links to access pages, files, or graphics on our Website or otherwise use our Website to host content for your website. We are not responsible for (and under no circumstances shall be liable for) updating your website or any links you make to our Website or for providing you notice regarding changes to our Website that may affect your links.
Third Party Sites
You acknowledge that Suma has no control over, and no duty to take any action regarding: (1) which Users gain access to or use the Website; (2) what effects the content on the Website may have on you; (3) how you may interpret or use the content on the Website; or (4) what actions you may take as a result of having been exposed to the content on the Website.
You release Suma from all liability for you having acquired or not acquired Content through the Website. The Website may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Suma makes no representations concerning any content contained in or accessed through the Website, and Suma will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website. Suma makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. Suma cannot guarantee that you will obtain the results you seek or warrant that Website will be error-free. Suma makes no representation or warranty of any kind with respect to use of Website or the use or accuracy of the information on the Website.
USER ACCESSES THESE SERVICES AT HIS OR HER OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER SUMA NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THESE SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF SUMA, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. SUMA IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THESE SERVICES. IN NO EVENT WILL SUMA OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL SUMA OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SERVICES. IN NO EVENT SHALL SUMA BE RESPONSIBLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, OR THE SERVICES (WHETHER THE CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, TORT OR OTHERWISE) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF REVENUE, OR LOSS OF PROFITS.
Limitations of Liability
IN NO EVENT SHALL SUMA OR ITS AFFILIATES BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SERVICES OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Suma shall have no liability for incorrectly listed information, including but not limited to, content, text, drawings, specifications, manuals, guides, and prices on this Website and may cancel any affected information, content, or orders at any time upon notice to you.
You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Website, or this Agreement, must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The "Disclaimer" and "Limitation of Liability" provisions of this Agreement are for the benefit of Suma as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
To the fullest extent permitted by law, you agree to indemnify and hold Suma, its directors, officers, shareholders, parents, subsidiaries, affiliates, employees, agents, and licensors harmless from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your use of the Website, your conduct in connection with the Website or with other Website users, or any violation of any of these Terms, any law, or the rights of any third party. Suma reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to fully cooperate with Suma in asserting any available claims and/or defenses.
Suma may change, suspend or discontinue the Website for any reason, at any time, including the availability of any Service, feature, or Content, with or without notice to you. Suma may also impose limits on certain Website, features, or Content, or restrict your access to parts or all of the Website with or without notice to you.
Suma may also terminate or suspend your use of or access to the Website at any time, immediately, without notice, and without refund, for any reason we deem appropriate, in our sole and absolute discretion. Upon such termination or suspension, you must immediately cease accessing or using the Website, and agree not to access, re-download, re-register or otherwise make use of, or attempt to use, the Website.
Suma may also remove or disable access to any Content and suspend or ban your access to the Website at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content), or for no reason at all. To report violations of the Terms, please email: email@example.com. You are solely responsible for your interactions with other Users of the Website. Suma reserves the right, but has no obligation, to monitor disputes between you and other Users.
You acknowledge that we reserve the right to take action, technical, legal or otherwise, to block, nullify or deny your ability to access the Website. You understand that we may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies otherwise available to us. Continued use of the Website, its components, databases, or documentation, or any part thereof, after termination is a breach of the terms of this Agreement and a violation of copyright laws. You acknowledge that we may disable access to, refuse to post, or modify or remove any information or content, in whole or in part, for any reason or no reason at all. All provisions of this Agreement, which by their nature should survive termination, shall survive the termination of this Agreement, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
You may terminate your use of the Website at any time, with or without cause, by contacting us using the contact information below.
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Website, nor any technical data related thereto, nor any direct product thereof, is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Website, you represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
The Website is operated, in whole or in part, from Europe. Suma makes no representations that materials contained within the Website are appropriate or available for use in other locations, and access to the Website from locations where such activity is illegal is prohibited. Those who choose to use the Website from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.
The Terms constitutes the entire agreement between Users of the Website and Suma, and regarding the subject matter hereof. If you breach any term of the Terms, Suma may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Suma's remedies are cumulative and not exclusive.
You acknowledge and agree that this Website shall be deemed a passive website based in Illinois, which does not give rise to personal jurisdiction over Suma in jurisdictions other than Illinois. You agree that this Website, Terms, Policy and any dispute between you and Suma shall be governed by and construed in all respects in accordance with the laws of the State of Illinois, without regard to choice of law provisions. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Illinois. If you are an agent for or an employee of a non-U.S. company but operate in a place of business in the U.S. or its territories, you expressly agree that any dispute regarding this agreement shall be adjudicated within the U.S. in the manner described herein.
If Suma is obligated to go to court to enforce any of the Terms and/or any of its rights, you agree to reimburse Suma for its respective legal fees, costs, and disbursements if Suma is successful.
Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Website (including but not limited to the purchase of Suma products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in the State of Illinois.
Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of Suma products) must be commenced within one (1) year after the claim or cause of action arises.
Suma may assign its rights and duties under this Agreement to any party at any time without notice to you.
By using the Website, you agree to receive certain electronic communications from Suma. You agree that any notice, agreement, disclosure or other communication that Suma sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Suma's failure to insist upon or enforce strict performance of any of these Terms shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms.
Failure of Suma, to exercise any remedy or enforce any portion of the Terms at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. Any waiver or modification of the terms herein by Suma must be in a writing signed by an authorized officer of Suma and expressly referencing the applicable provisions of the Agreement.
You may not resell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to Suma. Notwithstanding the foregoing, Suma may, at its sole and absolute discretion, assign its rights in and to the Website and its rights under this Agreement to any third party at any time without notice.
Users of this Website are responsible for compliance with all applicable regulations and laws. The Agreement shall not be governed by the U.N. Convention on Contracts for the International Sale of Goods. These Terms and your use of the Website, including the submission of any content to the Website, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between you and Suma or its licensors or affiliated parties. Your use of the Service is intended for your enjoyment and benefit and the provision of the Website to you constitutes the sole and sufficient consideration that you are entitled to receive for any content or other contributions you have made to the Website. Suma reserves the right at all times to disclose any information as Suma deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Suma's sole discretion.
If any provision herein is found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. In the event of a conflict between such Terms and these provisions, such specific Terms shall control. These Terms and any other operating rules or Terms currently posted on the Website constitute the entire agreement between Suma and the users of the Website, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No action of Suma may be construed as a waiver of any part of these Terms. Specific areas or pages of this Website may include additional or different terms relating to the use of this Website or the rights or obligations of you or Suma.
Copyright © 2015 Suma America, Inc. All rights not expressly granted herein are reserved.
SUMA America Inc.
1001 Mittel Drive
Wood Dale, IL 60191