User Agreement and Privacy Policy

K-SUN CORPORATION

USER AGREEMENT AND PRIVACY POLICY

INTRODUCTION

PLEASE READ THE USER AGREEMENT BEFORE USING THE K-SUN WEB SITE. BY USING THIS WEB SITE (KSUN SITE), YOU AGREE TO ABIDE BY THE CONDITIONS OF THIS AGREEMENT.

Use of the KSUN Site, including all related products and services, is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your accessing or using KSUN Site and/or buying goods, downloading or printing any materials constitutes your agreement to all such terms, conditions, and notices. You agree to click on any Terms of Use and other terms and guidelines found throughout this KSUN Site and to abide by them if you choose to use the sites, pages or services to which they apply. If you do not wish to be bound by these terms and conditions, please immediately exit this KSUN Site and make no further use hereof.

USE OF KSUN SITE

An authorized User of the KSUN Site is an individual or entity, including that entity’s designated officers, employees or agents, that visits, or in the case of a dealer, who completes a dealer registration form and has been specifically designated as an authorized dealer by K-SUN, has complied with all of the term and conditions of this User Agreement and has paid any fees or costs associated with the use of the KSUN Site. An individual or entity accessing the KSUN Site without this specific authorization shall not be considered an authorized User.

You may access the KSUN Site if you are an authorized User. Except as expressly provided herein or in the terms of use of other referenced products or agreements, only authorized Users may utilize the KSUN Site to purchase goods, download materials or software, copy or print materials or access any of the content of the KSUN Site in whole or in part without the prior written permission of K-SUN. No User may view, download, copy or print or otherwise access any information transmitted through or stored on the KSUN Site by another authorized User without the specific written permission of K-SUN. In no event may you remove any copyright or other proprietary notices or legends on the KSUN Site.

PROHIBITED ACTIVITIES

No User shall engage in any illegal usage, abusive usage, unacceptable usage, and use of the KSUN Site to interfere with other Users’ enjoyment of the KSUN Site.

By way of example, but without limiting this definition, an illegal use may include (a) any use which may result in civil or criminal liability; (b) posting or transmitting harassing, threatening, defamatory, libelous, slanderous or scandalous, pornographic, profane or otherwise objectionable information of any kind; (c) infringement upon the patents, copyrights, trademarks, trade secrets or other intellectual property rights of others; (d) posting or transmitting materials that would give rise to liability under the Computer Fraud and Abuse Act; (e) attempting to “hack” root or user logins on another system, machine, or network; (f) collecting, posting or transmitting without authorization any personal or business information on any other User of the KSUN Site without that User’s consent; or (g) otherwise violating or attempting activities that would violate the privacy or consumer protection laws of any state.

By way of example, but without limiting this definition, an abusive use may include: (a) posting any information not directly related to a valid transaction; (b) releasing passwords or other access information related to the KSUN Site to an entity or person who is not an authorized User or failing to implement reasonable security procedures to update user passwords to prevent former employees or agents of an authorized User from improperly accessing the KSUN Site; (c) gathering or attempting to gather any information transmitted through the KSUN Site by any other User without that User’s specific written authorization; or (d) otherwise accessing or using the KSUN Site for any unauthorized purpose.

By way of example, but without limiting this definition, an unacceptable usage may include: (a) posting or transmitting any information or software which contains a virus, worm, cancelbot or other harmful component; (b) impersonating another User or otherwise falsifying one’s User name; or (c) without K-SUN’s written permission, monitoring data or traffic, probing, scanning, testing firewalls, testing the vulnerability of the KSUN Site or breaching any security or authentication routines of a system or network; mail bombing, flooding, overloading, attacking or otherwise interfering with the KSUN Site.

UPDATING OF TERMS AND CONDITIONS

From time-to-time, K-SUN may update and/or revise this User Agreement or the KSUN Site. Any such updates and/or revisions shall be posted online. Continued use of the KSUN Site by Users shall indicate their acceptance of the updates and/or revisions.

All right, title and interest (including all copyrights, trademark rights, patent rights and other intellectual property rights) in and to the KSUN Site and all content appearing on the KSUN Site is proprietary and shall remain the sole property of K-SUN.

All trademarks, service marks, graphics, logos, slogans and other proprietary marks appearing on the KSUN Site are the trademarks and exclusive property of K-SUN or the identified trademark owners. Such materials may not be copied, downloaded, used or displayed for any purpose without the express permission of K-SUN. Nothing contained on this KSUN Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service marks, graphics, logos, slogans and other proprietary marks displayed on this site without the written permission of K-SUN or such third party that owns the trademark.

SPECIAL TERMS FOR AUTHORIZED DEALERS

All dealer pricing and other materials labeled confidential or proprietary (Confidential Data) is confidential and proprietary to K-SUN. An Authorized Dealer agrees, on behalf of itself and its employees, officers, directors, affiliates and agents: (a) to hold such Confidential Data in strictest confidence and further agree not to release the Confidential Data to any of its employees, agents or members unless the employee, agent or member has a need for such knowledge in order to purchase goods from K-SUN as an Authorized Dealer; (b) not to release such Confidential Data to any third party; and/or (c) not to use the Confidential Data for its own benefit (other than deciding to purchase goods from K-SUN) or for the benefit of any third parties, except as required by law or as otherwise permitted by this Agreement, either during the term of this Agreement or after the termination of this Agreement.

Nothing in this section shall prohibit or limit an Authorized Dealer’s use of information: (i) previously known to it without a confidentiality restriction on the use of such information; (ii) independently developed by it; (iii) rightfully acquired by it from a third party without continuing restriction on use; or (iv) which becomes part of the public domain through no breach of this Agreement by the party claiming this exemption.

No authorized Dealer may use products or prices displayed on this site or the representation that the dealer is an Authorized Dealer of K-SUN as part of a marketing plan or strategy to attract customers for the purpose of selling other products or services. K-SUN may at its option impose minimum purchase requirements on an Authorized Dealer or may cancel Authorized Dealer status at any time and for any reason.

Users will, at K-SUN’s option, be issued a confidential User ID and password allowing such Users and their authorized representatives to access information and documents available on restricted areas of the KSUN Site. Each such User shall keep all personal access codes strictly confidential. No device, software or routine to interfere or attempt to interfere with the proper working of the KSUN Site or any information contained on the KSUN Site may be used. You shall promptly notify K-SUN of any known or suspected violation of these rules or threat to the KSUN Site system security.

As a condition of your use of this KSUN Site, you warrant to K-SUN that you will not use or permit any of your authorized representatives to use any illegal, abusive or unacceptable usage, as defined above for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

You agree to indemnify and hold K-SUN, and its members, directors, officers, agents and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the KSUN Site, your connection to the KSUN Site, your violation of these terms of service, your violation of any rights of another, or your violation of any laws or regulations.

K-SUN reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the KSUN Site (or any part thereof), or any other content or services thereon, with or without notice. You agree that K-SUN shall not be liable to you or to any third party for any such modification, suspension or discontinuance.

You agree that K-SUN, in its sole discretion, may terminate a User password (or any part thereof), or use of the KSUN Site for any reason, including, without limitation, for lack of use or if K-SUN believes that you have violated or acted inconsistently with this User Agreement. You agree that any termination of your access to the KSUN Site under any provision of these terms may be effected without prior notice, and acknowledge and agree that K-SUN may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the KSUN Site. Further, you agree that K-SUN shall not be liable to you or any third party for any termination of your access to the KSUN Site.

The KSUN Site may contain hypertext links to other World Wide Web sites or resources controlled by parties other than K-SUN. Because K-SUN has no control over such sites and resources, you acknowledge and agree that K-SUN 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 from such sites or resources. You further acknowledge and agree that K-SUN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, software or other services available on or through any such site or resource.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

K-SUN MAKES NO WARRANTY OR REPRESENTATION CONCERNING THE TIMELINESS, SUITABILITY, COMPLETENESS OR ACCURACY OF ANY OF THE SERVICES, INFORMATION OR PRODUCTS PROVIDED ON THIS SITE. PROPER USE OF THE SERVICES, INFORMATION OR PRODUCTS ARE SUBJECT TO THE TERMS AND CONDITIONS OF SALE AND ANY OWNERS OR USERS MANUAL LIMITATIONS. K-SUN DOES NOT WARRANT, REPRESENT OR GUARANTEE THAT THE INFORMATION CONTAINED ON OR TRANSMITTED THROUGH THIS KSUN SITE HAS BEEN PROPERLY REPORTED, DOCUMENTED OR UPDATED NOR IS THERE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE INFORMATION REFLECTS CHANGES IN APPLICABLE LAW.

THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED ON THIS KSUN SITE MAY INCLUDE INACCURACIES, OMISSIONS OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. K-SUN AND/OR ITS SOURCES OF DATA OR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS KSUN SITE AT ANY TIME. INFORMATION RECEIVED VIA THIS KSUN SITE SHOULD NOT BE RELIED UPON FOR FINANCIAL OR PRODUCT DECISIONS WITHOUT YOUR INDEPENDENT VERIFICATION THROUGH A PURCHASE ORDER CONFIRMATION.

YOUR USE OF THE KSUN SITE IS AT YOUR SOLE RISK. THE SERVICES, CONTENT, INFORMATION, SOFTWARE, AND PRODUCTS CONTAINED ON THIS KSUN SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. K-SUN EXPRESSLY DISCLAIMS WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE KSUN SITE IS DONE AT YOUR OWN DISCRETION. 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.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL K-SUN OR ITS MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF K-SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THIS KSUN SITE OR ANY OTHER HYPERLINKED WEB SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

This agreement is governed by the laws of the State of Minnesota, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Washington County, Minnesota, U.S.A. in all disputes arising out of or relating to the use of this KSUN Site. Use of this KSUN Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and K-SUN as a result of this agreement or use of this KSUN Site. K-SUN’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of K-SUN’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this KSUN Site or information provided to or gathered by K-SUN with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This agreement constitutes the entire agreement between you and K-SUN with respect to this KSUN Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and K-SUN with respect to this KSUN Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event. Any rights not expressly granted herein are reserved.

PRIVACY POLICY

K-SUN will collect information from Users during the registration process. In addition, K-SUN may track information regarding the usage of the KSUN Site or products and services acquired through the KSUN Site and share that information with other affiliated companies or business partners for purposes of monitoring and enhancing the services or products offered by K-SUN or such entities, generating additional revenues, communicating with Users (both individually and collectively) or complying with state laws and regulations governing the operations of K-SUN members.