Termos e Condições
1. Acceptance of Terms. This website is provided by Suntech subject to the following Terms of Service, which may be updated by us from time to time in our sole discretion. Suntech reserves the right to alter this Agreement without advance notice by posting a revised Agreement.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE. YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO ABIDE BY THE SUNTECH TERMS OF SERVICE THEN IN EFFECT.
The Site may not be available at all times or in all areas. Suntech may permit you to register for services, and/or deny service to you, at any time and in its sole discretion, including without limitation in the event you do not adhere to the Rules of Conduct set forth below. Suntech reserves the right to, at any time: (a) modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice; (b) charge fees for the use of the Site; and/or (c) modify and/or waive any fees charged in connection with the Site. You agree that Suntech shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, or of any Content or Service (as defined below). Your continued use of the Site after ANY such changes will indicate your acceptance of such changes.
2. Description of the Content and Services. Suntech provides users of the site with access to certain content concerning Suntech and its products and services, including descriptions, contact information, links, and other specialized content, as well as opportunities to contact Suntech or third parties, and other features and services.
3. Information Submitted Through or In Connection With the Site. All submissions of information through or in connection with the Site are governed by our Privacy Policy, which is hereby incorporated into this Agreement by this reference. In consideration of your use of the Site and Services, you agree, where information is requested, to provide accurate, current, and complete information about yourself, to maintain the accuracy and completeness of such information, and to update it promptly in the event of any change. You agree that if any information you provide is false, inaccurate, incomplete, or not current, we may terminate your use of the Site and/or the Services. Suntech is not liable for any loss or damage arising from your failure to comply with any or all of the foregoing obligations.
As part of the registration process for certain Services, you will be asked to select a username and password. We may refuse registration to anyone, and/or require additional information prior to accepting any registration, in our sole discretion. Furthermore, we may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Services or any part of the Content to any third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
4. Rules of Conduct. While using the Site, you agree to comply with all applicable laws, rules, and regulations. In addition, Suntech expects users of the Site to respect the rights and dignity of others, and your use thereof is conditioned on your compliance with the following Rules of Conduct. You will not:
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Transmit or otherwise make available in connection with the Site anything that is or may be: (a) threatening, harassing, degrading, hateful, or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic, or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity, or other proprietary right, without the express permission of the owner of such right.
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Use the Site for any fraudulent or unlawful purpose; or transmit or otherwise make available in connection with the Site any material that would give rise to criminal or civil liability, that encourages conduct that constitutes a criminal offense, or that encourages or provides instructional information about illegal or potentially illegal activities.
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Transmit or otherwise make available any material, non-public information about a company without the proper authorization to do so.
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Interfere with or violate any other Site visitor's or user's right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Site without their express consent.
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Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
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Impersonate any person or entity, including, but not limited to, any Suntech agent or representative; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make, without our prior written consent.
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Transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, easter egg, time bomb, web bug, cancelbot, "spyware," or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component.
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Interfere with or disrupt the operation of the Site, or the servers or networks that host the Site or make the Site available; or disobey any requirements, procedures, policies, or regulations of such servers or networks.
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Restrict or inhibit any other person from using the Site, including by means of hacking or defacing any portion of the Site.
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Transmit or otherwise make available in connection with the Site any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," investment opportunity, or any other form of solicitation.
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Sell, license, or exploit for any commercial purposes any use of or access to the Content, Services or Site.
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Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content, Services, or Site.
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Remove any copyright, trademark, or other proprietary rights notice contained in the Content, Services, or Site.
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Frame or mirror any part of the Site without Suntech's prior express written authorization.
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Use any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, data-mine, or in any way determine, archive, reproduce, or circumvent the navigational structure or presentation of the Site.
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Create a database by systematically downloading and storing all or any of the Content from the Site.
5. Suntech's Proprietary Rights. You acknowledge and agree that the information and materials presented to you on or through the Site, including without limitation the Content and the Services, are and shall remain the property of Suntech and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. You may download one (1) copy of any material publicly available on the Site to any single computer for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices, and subject to all other terms and conditions of this Agreement. Except as expressly authorized in advance by Suntech, you agree not to copy, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, any materials, including without limitation the Content and the Services, that are made available on or through the Site.
You may request, and Suntech may provide, from time to time, certain Content which is confidential information of Suntech, and which Suntech intends to protect as confidential, including without limitation copies of materials presented at Suntech online seminars. Such Content is generally marked "confidential" or with a similar legend, unless posted on an extranet or other part of the Site with restricted access. In addition to the restrictions on the use of any Content set forth above, you agree to hold all confidential Content in strict confidence, not to disclose it to any third party, and to use at least reasonable care to protect its confidentiality and prevent its unauthorized use or disclosure.
The trade names, trademarks, and service marks owned by Suntech, whether registered or unregistered, may not be used in connection with any product or service that is not Suntech's, or in any manner that is likely to cause confusion with customers. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Suntech's trade names, trademarks, or service marks without the prior express written permission of Suntech.
6. Limitation of Liability and Disclaimer of Warranties. THE SITE AND SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SITE AND SERVICES, AND ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS THEREOF. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SUNTECH DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SUNTECH WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF SUNTECH HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN PARTICULAR, AND WITHOUT LIMITATION, SUNTECH WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITE, ANY SERVICE MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE, OR ANY PRODUCTS OR SERVICES ACCESSED, USED, ACQUIRED, OR DISCOVERED THROUGH OR IN CONNECTION WITH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY SERVICE IS TO STOP USING THE SITE.
WITHOUT LIMITING THE FOREGOING, SUNTECH MAKES NO REPRESENTATION OR WARRANTY THAT: (A) THE SITE OR ANY SERVICE WILL MEET YOUR REQUIREMENTS; (B) ACCESS TO THE SITE OR ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICE WILL BE ACCURATE, TIMELY, OR RELIABLE; (D) ANY REPORTED PROBLEMS MAY BE RESOLVED WITH THE USE OF ANY INFORMATION PROVIDED ON THIS SITE; (E) THE QUALITY OF ANY SERVICES ACCESSED OR USED THROUGH OR IN CONNECTION WITH THE SITE WILL MEET YOUR EXPECTATIONS; (F) ANY ERRORS IN THE SITE WILL BE CORRECTED; OR (G) THE SITE OR THE EQUIPMENT OR NETWORK(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES, BUGS, WORMS, DEFECTS, OR OTHER HARMFUL COMPONENTS.
While we try to maintain the Site's integrity and security (and the integrity and security of the servers on and in connection with which the Site is operated), we do not guarantee that the Site will be or remain secure, complete, or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies or errors, or materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site.
7. Links. The Site may provide links to other Internet websites and resources. Because Suntech has no control over such sites and resources, you acknowledge and agree that Suntech is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available through such sites or resources. Other websites may provide links to the Site with or without Suntech's authorization. Suntech has no control over the sites that provide links to the Site, and you acknowledge and agree that Suntech does not endorse such sites and is not responsible for any links from those sites to the Site, for any content, advertising, products, or other materials available on or through such other sites, or for any loss or damages caused by using or relying on any such materials. You further acknowledge and agree that Suntech shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of or inability to use: (a) any sites or resources to which Suntech provides links, or that provide links to the Site; or (b) any content, goods, or services available on or through any such sites or resources. Suntech shall have the right, but not the obligation, at any time and in its sole discretion, to block links to the Site through technological or other means, without prior notice.
8. Representations, Warranties & Indemnity. You represent and warrant that you will comply with all applicable laws in connection with your use of the Site and Services. You agree to defend, indemnify, and hold harmless Suntech and its sponsors, directors, officers, shareholders, licensors, employees, agents, and representatives, from and against all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys fees) arising out of: (a) your activities in connection with the Site or Services; (b) any violation of this Agreement by you; or (c) any allegation that anything you transmit through or in connection with the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.
9. Termination. You agree that Suntech, in its sole discretion, may terminate your use of the Site or any part thereof, at any time and for any reason, including, without limitation, if Suntech believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Site and/or the Services under any provision of this Agreement may be effected without prior notice. Upon termination of this Agreement, your right to use the Site will immediately cease. Suntech shall not be liable to you or any third party for any termination of your access to the Site or any part thereof.
10. Jurisdictional Issues. The Site is controlled and operated by Suntech from its principal office in the State of Santa Catarina, Brazil, and is not intended to subject Suntech to the laws or jurisdiction of any state, country or territory other than the State of Santa Catarina and Brazil. Suntech does not represent or warrant that the Site, Content, or Services, or any aspect thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with local laws. We may limit the availability of the Site to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion.
11. Forward-Looking Statements. Statements in any news release of Suntech contained on the Site, or communicated orally or in writing, that concern us or our management and that are not historical facts are "Forward-Looking Statements". Forward-Looking Statements include, without limitation, statements that: (a) include the words "believes," "expects," "anticipates," "estimates," or words of similar importance or meaning with reference to us or our management; (b) are specifically identified as forward-looking; (c) describe any of our plans, objectives or goals for future operations and products; or (d) concern the characteristics and growth of our markets or customers or our expected liquidity and capital resources. There can be no assurances that Forward-Looking Statements will be achieved, and actual results could differ materially from forecasts and estimates. Important factors that could cause actual results to differ materially include: changes in the demand for Suntech's products; further decline in information technology spending; the uncertainty of customer acceptance of Suntech’s products; Suntech’s lengthy and variable sales cycle makes it difficult to predict operating results; dependence on contracts with governments for a significant portion of Suntech’s revenues; markets for Suntech’s products failing to develop; risks that Suntech’s intellectual property rights may not be adequate to protect its business; risks associated with rapidly changing technology and the ability of Suntech to introduce new products on a timely and cost-effective basis; inability to maintain relationships with value added resellers and systems integrators; risks associated with Suntech's ability to retain existing personnel and recruit and retain qualified personnel; risks associated with changes in the competitive or regulatory environment in which Suntech operates; risks associated with significant foreign operations, including fluctuations in foreign currency exchange rates; and other risks described in filings with the Securities and Exchange Commission. These risks and uncertainties, as well as others, are discussed in greater detail in the filings of Suntech with the Securities and Exchange Commission. Suntech makes no commitment to revise or update any forward-looking statements.