1. Acceptance of the Terms
By accessing or using any product, website, application, or service (collectively, the “Services”) provided by Sunrise America LCC (“Sunrise,” “we,” “our”), you (“User,” “you”) agree to be bound by these Terms of Service (“Terms”). If you do not agree to all of these Terms, you may not use the Services.
2. Changes to the Terms
We may revise, update, or replace any portion of the Terms by posting an updated version on our site. Unless stated otherwise, changes take effect on the date of posting. Continued use of the Services after changes are posted constitutes acceptance of the revised Terms.
3. Description of the Services
Sunrise provides [brief description of the products/services, e.g., “an e‑commerce platform for handcrafted goods”] accessible online and via mobile devices.
4. User Eligibility
Only individuals who are at least the age of majority in their jurisdiction and legally capable of entering into contracts may register for and use the Services. By registering, you confirm that you meet these requirements.
5. Account Registration and Security
You are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account. Sunrise may suspend or terminate accounts that violate these Terms.
6. Intellectual Property Rights
All content, trademarks, logos, and software related to the Services are owned by Sunrise or its licensors and are protected by applicable laws. Copying, modifying, or distributing such content without prior written permission is prohibited.
7. Prohibited Uses
You must not: (a) use the Services for any unlawful, fraudulent, or unauthorized purpose, (b) introduce viruses or malicious code, (c) infringe third‑party rights, (d) interfere with the infrastructure of the Services, or (e) circumvent security measures.
8. User‑Generated Content
You grant Sunrise a non‑exclusive, worldwide, royalty‑free, transferable, sublicensable license to use, reproduce, modify, distribute, and display any content you upload for the purpose of providing the Services. You confirm that you have the necessary rights to grant this license.
9. Third‑Party Links
The Services may contain links to third‑party sites or services. Sunrise does not control and is not responsible for the content or practices of any third party.
10. Disclaimer of Warranties
The Services are provided “as is” and “as available.” Sunrise makes no express or implied warranties as to availability, accuracy, reliability, or fitness for a particular purpose.
11. Limitation of Liability
To the maximum extent permitted by law, Sunrise, its directors, employees, and suppliers shall not be liable for indirect, incidental, consequential, or punitive damages, or for lost profits or data, arising from the use of or inability to use the Services. In no event shall our aggregate liability exceed the amount you paid to Sunrise in the twelve (12) months preceding the event giving rise to the claim.
12. Indemnification
You agree to indemnify and hold Sunrise harmless from any claim, loss, liability, cost, and expense, including reasonable attorneys’ fees, arising out of (a) your use of the Services in violation of these Terms, (b) content you submit, or (c) your violation of any third‑party rights.
13. Suspension and Termination
Sunrise may suspend or terminate access to the Services at any time, with or without notice, if we believe you have violated the Terms or applicable law.
14. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict‑of‑laws principles. Any dispute shall be subject to the exclusive jurisdiction of the state or federal courts located in New Castle County, Delaware.
15. Dispute Resolution (Arbitration)
As an alternative, the parties may agree to resolve any dispute arising from the Services through binding arbitration administered by the American Arbitration Association under its Commercial Rules.
16. Severability
If any provision of the Terms is held invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
17. Entire Agreement
These Terms constitute the entire agreement between you and Sunrise regarding the Services and supersede any prior agreements.
