Terms & Conditions

THE INFORMATION OFFERED BY SUN CAPITAL ON THIS SITE IS SUBJECT TO CERTAIN TERMS AND CONDITIONS.
http://www.suncappart.com/ is a website owned and operated by Sun Capital Partners, Inc. (“Sun Capital”). All references to ‘Sun Capital’, ‘our’, ‘us’, ‘we’ or ‘company’ within these Terms and Conditions are deemed to refer to Sun Capital Partners, Inc.

 

These Terms and Conditions constitute a legally binding agreement between Sun Capital and you, the user of this site. By accessing or using this site you acknowledge your acceptance of, and agree to be bound by, all of the Terms and Conditions stated herein and all additional terms incorporated by reference herein. If you do not agree to these Terms and Conditions, please do not access or use this site.

 

We reserve the right to amend these Terms and Conditions at any time and for any reason, in our sole discretion, without notice, by updating these Terms and Conditions. Your continued access or use of this site following the posting of changes to these Terms and Conditions means that you accept such revisions, changes, and/or amendments. If you object to any of the changes to these Terms and Conditions, please stop accessing and using this site. Please check this page frequently and review any changes to these Terms and Conditions carefully so you are aware of any changes, as they are binding on you.

 

You also acknowledge and agree that, unless we specifically provide otherwise, these Terms and Conditions apply only to this site and our online activities through this site, and such Terms and Conditions do not apply to any of our other online or offline activities.

 

Any use of this site in a manner inconsistent with these Terms and Conditions is deemed unauthorized access and may subject the user to civil or criminal penalties. We strongly recommend that you periodically visit this page of this site to review these Terms and Conditions.

 

1. USE OF SITE

This Site is intended solely for the purpose of evaluating a potential or existing business relationship with Sun Capital and for general informational purposes. You agree that you will not use this site for chain letters, junk mail, ‘spamming,’ solicitations (commercial or non-commercial), or bulk communications of any kind, including distribution lists to any person who has not given specific permission to be included in such a list.

 

This site is not intended to provide legal, business, tax, accounting, investment, financial, or any other advice. You agree not to construe any of the any of the content, information, or materials (including any data, text, images, video, audio, strategies, policies, business plans, research, or concepts) contained on or available through this site (collectively, the “Content”) provided in connection with this site as legal, business, tax, accounting, investment, financial, or any other advice. You agree that the Content does not, and shall not be deemed to, constitute an offer to sell, solicitation of an offer to buy, or a recommendation of, any security of any company, entity, or business to you or any other person by Sun Capital or any recommendation of any security of any company, entity, or business to you or any other person by Sun Capital of any third party. In addition, you acknowledge and agree that all Content is published without consideration of your individual circumstances, financial, or otherwise. Accordingly, you agree that you are solely responsible for any investment decisions or other determinations made, including the evaluation of any investment or other risks, with respect to any of the Content. You agree to consult your own professional advisors as to any legal, business, tax, accounting, investment, financial, or any other advice regarding Content.

 

In any event, past performance is not a guarantee of future results and it should not be assumed that similar results will be achieved. Representative investments included on this site are not to be considered a complete list of all investments. Sun Capital does not solicit or make its investment advisory services available to the public.

 

2. TERMINATION; LOSS OF USE

In addition to all rights and remedies available to Sun Capital under applicable law, Sun Capital reserves the right, in its sole discretion, to immediately, without notice, suspend or terminate your ability to access or use this site.

 

Sun Capital reserves the right to withdraw or amend this site, and any Content, in our sole discretion, without notice. Sun Capital will not be liable if, for any reason, all or any part of this site is unavailable at any time or for any period.

 

3. RESTRICTED USE OF SITE MATERIALS

Any use of Content is for your personal use only. You may not download or modify this site, or any portion thereof, except with prior express written consent of Sun Capital. You may not resell or make any commercial use of this site or any Content, make any derivative use of this site or any Content, or use any data mining, robots, or similar data gathering and extraction tools. You also may not distribute Content from this site to others, include Content on another site, on a server computer, or in documents, including “mirroring” Content and to displaying the information by means of HTML frames or similar means, or modify or re-use any Content.

 

4. OWNERSHIP

The trade names, trademarks, service marks, trade dress, logos, and other indicia of source, including Sun Capital’s logo and the Sun Capital trademark (collectively, “Marks”) found on this site and Content are proprietary to Sun Capital or its licensors and are protected by intellectual property rights and unfair competition and other laws. As between you and Sun Capital, Sun Capital is the owner of all Marks and Content. You acknowledge and agree that you may not use, copy or distribute any portion of this site (including Marks and Content) in any manner, or for any purpose, without Sun Capital’s prior express written permission, except as provided herein.

 

You acknowledge and agree that you may not use any Mark or Content without the express written permission of Sun Capital, and nothing contained in these Terms and Conditions or anywhere on this site shall be construed as granting to you any license or right to any Mark or Content. Sun Capital will aggressively enforce its intellectual property rights to the full extent of the law. Your use of any of the Marks or Content is prohibited unless specifically permitted in writing by Sun Capital. Any unauthorized use of the Marks or Content may subject you to penalties or damages, including those related to violation of trademarks, service marks, copyrights, privacy, and publicity rights.

 

5. LINKING, POSTING AND TRANSMITTING

You acknowledge and agree that you will not link to, post on, or transmit to this site, any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful, or other material which could constitute or encourage unlawful conduct that may be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that Sun Capital, or other parties involved in creating, producing, or delivering this site, may monitor or review any transmissions to or use of this site, Sun Capital and all parties involved in such creation, production, or delivery, assume no responsibility or liability which may arise from such monitoring or review or any Content, including claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.

 

This site may contain links or references to other sites outside of our control (“Third Party Websites”). You acknowledge and agree that Sun Capital is not, directly or indirectly, making or implying any approval, association, sponsorship, endorsement, or affiliation with such Third Party Websites, unless specifically stated herein. By entering this site you acknowledge and agree that Sun Capital has not reviewed all such Third Party Websites and is not responsible for any content, information, or materials (including any data, text, images, video, audio, strategies, policies, business plans, research, or concepts) contained on or provided through such Third Party Websites, or the appropriateness, functionality, decency, legality, accuracy, or any other aspect of such Third Party Websites. Your linking to any Third Party Website is at your own risk. Sun Capital does not make, and hereby disclaims, all representations or warranties of any kind with respect to any Third Party Websites or any such content, information, or materials. If you have any questions regarding a Third Party Website, please direct them to the administrator of the relevant site. Sun Capital reserves the right to terminate any link at any time.

 

6. WARNING REGARDING WEB FRAUD AND PHISHING

It is possible that Sun Capital’s name and brand (including the Marks) may be used without permission by persons who fraudulently publish fake websites or conduct “phishing” or other scams seeking personal or confidential information from you.

 

When sending or receiving communications with Sun Capital:

 

  1. Confirm that the website you are visiting is a website authorized by Sun Capital and that the persons with whom you are communicating are authorized Sun Capital personnel.
  2. Certain Sun Capital websites are private and available only to clients through secure login procedures. Sun Capital will never ask you for your login information or password (except for providing you with the ability enter such name and password to access such secure login). Do not share your password and login information with anyone, including anyone from Sun Capital.
  3. All of our authorized office locations are listed on our “Contact” page. Do not communicate with personnel who are not affiliated with an authorized Sun Capital office.
  4. Sun Capital only uses “@suncappart.com” for e-mail addresses. When sending Sun Capital-related emails, send such emails only to authorized Sun Capital e-mail addresses.

7. DISCLAIMERS

While Sun Capital makes reasonable efforts to ensure that all Content on this site is accurate, the accuracy of such Content cannot be guaranteed, and Sun Capital makes no representations or warranties as to its accuracy.

 

THIS SITE AND ALL CONTENT IS PROVIDED TO YOU “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS, OR REPRESENTATIONS MADE BY SUN CAPITAL. SUN CAPITAL EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF QUALITY AND THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AS WELL AS ANY REPRESENTATIONS OR WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE, IN EACH CASE, TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, SUN CAPITAL ALSO DISCLAIMS ANY WARRANTIES AND REPRESENTATIONS WITH REGARD TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SITE OR THE CONTENT.

 

8. LIMITATIONS ON LIABILITY

Sun Capital does not assume any liability or responsibility for this site or the Content. You acknowledge and agree that your use of this site is at your own risk and that neither Sun Capital nor any of the parties involved in creating, producing, or delivering this site or any Content is liable to you or anyone else for any claim of any nature whatsoever based on (i) this site or the Content, including any decision made or action taken in reliance of the Content or any feature of this site or (ii) your breach of any of the provisions of these Terms and Conditions.

 

To the fullest extent permitted by applicable law, under no circumstances will Sun Capital and/or any of our subsidiaries or affiliates be liable for any damages or losses, including any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, lost revenues, lost profits, loss of business, loss of data, or any other losses, liabilities, obligations, damages, claims, demands, actions, costs, and/or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, through your access or use of this site or any Content, or through your downloading of any Content, including anything caused by any viruses, bugs, human action or inaction, or any computer system, phone line, hardware, software, or program malfunctions, or any other errors, failures, or delays in computer transmissions or network connections, regardless of the theory of liability, whether tort (including negligence of any kind), contract, strict liability, or any other legal or equitable theory. Notwithstanding anything to the contrary herein, our sole and exclusive liability for any reason to you, and your sole and exclusive remedy, is to stop using this site.

 

9. INDEMNITY

You agree that you will be solely responsible for, and that you will indemnify, defend, and hold harmless Sun Capital and its subsidiaries and affiliates, and its and their respective directors, officers, employees, agents, representatives, licensors, and third party contract counterparties, from and against any and all losses, liabilities, obligations, damages, claims, demands, suits, proceedings, actions, judgments, costs, and/or expenses of any kind (including legal fees, expert fees, and other disbursements), whether or not in connection with third party claims, incurred by or against such persons or entities which may arise, directly or indirectly, from your access to or use of this site or any Content, your downloading of any Content from this site, your violation of these Terms and Conditions, and/or your violation of any rights of any third party. Sun Capital reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify Sun Capital for any and all losses, liabilities, obligations, damages, claims, demands, suits, proceedings, actions, judgments, costs, and/or expenses of any kind (including legal fees, expert fees, and other disbursements). You agree to provide Sun Capital with whatever cooperation it reasonably requests.

 

10. APPLICABLE LAW AND JURISDICTION

By accessing or using this site, you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms and Conditions and our Privacy Policy, and any dispute of any sort that may arise between you and Sun Capital. Except as set forth below in Section 11 (Arbitration), you hereby consent to the exclusive jurisdiction of federal and state courts located in Palm Beach County, Florida for the purpose of resolving any dispute relating to your access or use of this site. Sun Capital may seek injunctive or other appropriate relief in any state or federal court in Palm Beach County, Florida, and you consent to exclusive jurisdiction and venue in such courts. For the avoidance of doubt, Sun Capital shall have the right to enforce any order or judgement of any court or arbitral panel in any court, including courts other than such state or federal courts in the State of Florida.

 

11. ARBITRATION

By accessing or using this site, you agree that Sun Capital may, in its sole discretion, require you to submit any dispute of any sort that may arise between you and Sun Capital, including disputes in connection with these Terms and Conditions or our Privacy Policy, to final and binding arbitration under the American Arbitration Association’s commercial arbitration rules, by one or more arbitrators appointed in accordance with such rules, for the purpose or resolving any dispute relating to your access or use of this site. Any such arbitration shall be held in Palm Beach County, Florida and shall be in English. Notwithstanding these rules, such proceeding shall be governed by the laws of the state of Florida.

 

12. USER SUBMISSIONS; EMAIL COMMUNICATION

You acknowledge and agree that any communication, content, material, or information you transmit to this site or to Sun Capital, in any manner or for any reason, will not be treated as confidential or proprietary. Further, you acknowledge and agree that any such communications, content, materials, and information may be used by Sun Capital, anywhere, anytime, and for any reason whatsoever. Sun Capital does not accept unsolicited business plans or proposals and you agree not to submit such materials.

 

When you use this site, or send e-mails or other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail or by posting notices and messages on or through this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

13. PRIVACY POLICY

You acknowledge and agree to be bound by our Privacy Policy.

 

14. MISCELLANEOUS

You may not assign or otherwise transfer these Terms and Conditions, or any of your rights or obligations hereunder, without Sun Capital’s prior written consent, and any attempted assignment or other transfer in violation of this provision shall be null and void.

 

Nothing in these Terms and Conditions may be used to construe you and Sun Capital as joint venturers, co-employers, partners, or agents of each other, and neither you nor Sun Capital has the power to obligate or bind the other in any way whatsoever.

 

If any of these Terms and Conditions are deemed invalid, void, or unenforceable, such term or condition shall be deemed severable and shall not affect the validity or enforceability of the remaining Terms and Conditions, and such invalid, void, or unenforceable provision shall be deemed to be replaced by a provision that is valid and enforceable and corresponds as close as possible with the intent of the invalid, void, or unenforceable provision.

 

The failure of Sun Capital at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. No waiver in connection with these Terms and Conditions shall be effective unless it is in writing and signed by the party granting such waiver.

 

The terms and conditions set forth in these Terms and Conditions, and each agreement included or referred to in these Terms and Conditions, constitutes the final, complete, and exclusive agreement with respect to the subject matter hereof and may not be contradicted, explained, or supplemented by evidence of any prior agreement, any contemporaneous oral agreement, or any inconsistent additional terms.

 

Headings and captions throughout these Terms and Conditions are for convenience only and should not be considered part of these Terms and Conditions. The word “including” means “including without limitation.”

 

15. CONTACT US

If you have any questions or concerns about these Terms and Conditions, please contact Pia Terol (Marketing Communications Manager) or Deryl Couch (Managing Director and General Counsel) at:

 

Sun Capital Partners, Inc.

5200 Town Center Circle, Suite 600

Boca Raton, FL 33486

(561) 394-0550