Welcome to the User Agreement for SunShopper.bm ("User Agreement"). The services available at http://www.SunShopper.bm are provided by Bermuda Sun Limited ("BermudaSun", "we", "us" or "our").

This User Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains at http://www.SunShopper.bm/ (the "Site"). If you do not agree to be bound by this User Agreement, you may not use or access our services. 

You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of the Site. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and Sites referred to in this document, as they contain further terms and conditions which apply to you as an BermudaSun user. Please note: underlined words and phrases are click-through links to these pages and Sites. 

If you have any questions about this User Agreement, please refer to our User Agreement Frequently Asked Questions. 

We may amend this User Agreement at any time by giving you notice ("Notice") by either e-mail in accordance with your Notification Preferences or by posting the amended User Agreement on the Site. Any amended User Agreement will govern new user registrations from the date that it is posted on the Site. Existing users will be bound by the amended User Agreement after the expiry of 30 days following the date of a Notice. No other amendment to this User Agreement will be effective. 
 

1. Age and Responsibility

Our services are not available to, and may not be used by, persons under the age of 18 years or to temporarily or indefinitely suspended BermudaSun members. If you are under the age of 18, you may only use the Site in conjunction with and under the supervision of your parents or guardian.  If you do not qualify, please do not use our services. If you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement. 


2. User ID.
You must choose a User ID and password on completion of registration. You are responsible for all actions taken under that User ID and password and shall only use or utilise the Site using your own User ID and password. You must use every effort to keep your password safe and should not disclose it to any other person. You shall not transfer or sell your User ID to any other person. You shall also not permit, either directly or indirectly, any other person to utilise your User ID or password. By using the Site you understand that you are financially responsible for all use of the Site by you and those using your log-on information. You agree to notify us immediately of any unauthorised use or any other breach of security.
 

Use of SunShopper.bm Site 

SunShopper.bm is an online classifieds and auction Site designed for use within the Country of Bermuda which allows registered users to offer, sell, and buy items which are legal according to laws that apply to you as a consumer / advertiser in the Country of Bermuda. 

Unless otherwise specified, the Site and any of its facilities and/or services are for your personal and non-commercial use only. You may download, display or print part of the Site for your own personal, non-commercial use. You may save a copy of this page to your local hard disk for the purposes of creating one personal back-up copy. You agree not to copy, modify, transmit, display, distribute, perform, reproduce, license, publish, create derivative works from, transfer or sell any information, software, products and services contained on or forming part of the Site, or otherwise use such content of the Site for resale, re-distribution or for any other commercial use for including any surveys, contests or pyramid schemes, nor use the service to participate in or cause others to participate in sending chain letters, junk email, spam, duplicate or unsolicited communications. You will not use the Site or any of its facilities and/or services for any purpose that is unlawful or prohibited by these Terms of Use.

You acknowledge that the Site has been specifically designed for use in the Country of Bermuda, and you agree not to use or access it in and from jurisdictions in which it or its contents are restricted or prohibited by local law.  You will use the Site in any manner which will not damage, disable, overburden or impair the Site, its facilities and/or services or interfere with any other party's use and/or enjoyment of the Site, its facilities and/or services.

You may not attempt to gain unauthorised access to the Site, its facilities and/or services or any accounts, computer systems and networks connected to any BermudaSun Site, its facilities and/or services through hacking, password miming or any other means. 

You agree not to use the Site to harvest or otherwise collect by any means any program material or information (including without limitation email addresses or details of other users) from the Site or as otherwise authorised under these Terms of Use or to monitor, mirror or copy any content of the Site without the prior written consent of BermudaSun. 

The pages contained in the Site may contain technical inaccuracies and typographical errors. The information in the Site may be updated from time to time but we do not accept any responsibility for keeping the information in these pages up-to-date nor any liability for any failure to do so. BermudaSun makes no representation as to the accuracy, reliability or completeness of the contents of the Site or the advertisements posted on the Site. The use of the Site is at your own risk. 

Although we do review advertisements provided by users, we never possess the items offered through the Site and we are not involved in transactions between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the advertisements, the ability of sellers to sell items or the ability of buyers to pay for items. Do not assume that the offer, sale or purchase of any item is valid and legal simply because it is listed on SunShopper.bm. We are not responsible for ensuring that buyers and sellers actually complete a transaction. 

BermudaSun reserves the right, at its sole discretion, to pursue all of its legal remedies upon breach by you of these Terms of Use, including but not limited to deletion of your postings from the Site, immediate termination of your registration and restricting your ability to access the Site, or if BermudaSun is unable to verify or authenticate any information you submit to the Site.

You accept sole responsibility for the legality of your actions under laws applying to you. 

Restricted Items

You must not offer, sell, bid for, or buy any items which we do not permit on the Site, a list of which may be obtained by contacting us via email or regular post. 
We do not accept any obligation to protect you from unsafe items listed for sale on our Site. Please do not assume that items listed will be harmless to people or property. 

Identity verification

BermudaSun cannot and does not confirm the purported identity of users or the validity of the information which users post to the Site. Our User ID feedback rating system will also help you to evaluate the user with whom you are dealing. We encourage you to communicate with potential trading partners using the tools available on the Site. Please refer to our FAQ page for more information. 

Feedback

You must not take any actions that may undermine the integrity of the feedback system. Feedback ratings are not designed for any purpose other than for facilitating trading between BermudaSun users. Feedback ratings will be reviewed by BermudaSun and any user deemed to be no longer illegible according to our terms of use may to removed from our Site and banned from using our Site at sole discretion of BermudaSun.  

Liability

In the event that you have any right, claim or action against any other user arising from that user's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release BermudaSun (and our subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action. 

Information Control 

We do not control the information provided by other users which is made available through the Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretences. By using this Site, you agree to accept such risks and agree that BermudaSun is not responsible for the acts or omissions of users on the Site.

Placing Ads
All advertisements offered for publication in BermudaSun must be legal, honest and truthful and must comply with our Advertising Policy and are accepted for publication, at BermudaSun's absolute discretion. All advertisements may be edited and classified at BermudaSun's sole and absolute discretion. All advertisements contained on this Site are accepted for publication and published in good faith, but it is emphasised that BermudaSun does not, in any circumstances, accept responsibility for the accuracy or otherwise of any advertisement or message published either online or off-line (nor is any kind of warranty expressed or implied by such publication). 

All users are advised to check details of each advertisement carefully before entering into any agreements of any kind. If in doubt please seek legal advice. 

 
Bidding and Buying
As a buyer, you have a legal obligation to complete a transaction with a seller: 

a. if you purchase an item through one of our fixed price formats; or b. if you are the highest bidder at the end of an auction-style advertisement (meeting the applicable minimum bid or reserve requirements and including any bid that becomes the highest after a valid bid retraction) and your bid is accepted by the seller, unless the item is deemed to be unsuitable for listing, or the transaction is prohibited by law or by this User Agreement. 

By bidding on an item you agree to be bound by the conditions of sale included in the item's description provided that those conditions of sale are not in breach of this User Agreement or otherwise unlawful. Bids are only retractable in exceptional circumstances, such as when the seller materially changes the item's description after a bid is placed, a clear typographical error is made, or you cannot authenticate the seller's identity. As buyer, you must ensure that you are legally able to bid for and buy any item that you bid for. 

Advertisement and Selling

Advertisement Description

If you are a seller, you must ensure that you are legally able to sell each item included in a advertisement on the Site, and that it is lawful to sell such item to Bermuda residents or (if the buyer is resident overseas) that it is lawful to sell and export such item to a person resident in the buyer's jurisdiction. You must describe your item and all terms of sale on the advertisement page of the Site. Your advertisements may only include text descriptions, graphics, pictures and other content relevant to the sale of that item and you are responsible for ensuring that you have the right to use all content in your advertisements and we have the right to host it on our servers. All items must be listed in an appropriate category. All "Dutch Auction" or "multiple item advertisement" items must be identical.

You acknowledge that we will commence supplying our services to you as soon as you have sent a "Sell Your Item" form to us, and you recognise that you will not have the right to cancel any advertisement.

Binding Bids

 A seller who receives at least one bid at or above the stated minimum bid price (or in the case of reserve auctions, at or above the reserve price) must complete the transaction with the highest bidder on completion of the advertisement, unless: (a) the buyer fails to meet the conditions of the seller's advertisement (such as payment method); or (b) the seller cannot authenticate the buyer's identity. 

Fraud

 Without limiting any other remedies, we may suspend or terminate your account if we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, fraudulent activity in connection with the Site.

Commercial Advertisers
BermudaSun requires all advertisements from persons selling goods in the course of a business to make that fact clear. All commercial advertisements on this Site are highlighted in bold font on SunShopper.bm This requirement applies where the advertiser is acting on its own behalf or for some other person in the course of his business goods are to be sold. 

Advertising for employment vacancies are not accepted. We reserve the right to suspend the services offered to you by BermudaSun if we have reasonable cause to suspect that you are in breach of any of the terms of use. 
 
Period of Advertising
Advertisements will remain active on the Site for the time specified at the time of placing the advertisement.

Off-line Conduct
Although BermudaSun cannot monitor the conduct of its users off-line, it is a violation of these Terms of Use to use any information obtained from this Site in order to harass, abuse or harm another person, or in order to contact, advertise to, solicit or sell to any user or person without their prior expressive consent.

Manipulation

 You must not manipulate the price of any item or interfere with other user's advertisement(s). Without limitation, you must not: (a) bid in a advertisement where you are the seller, or procure or encourage any person to do so on your behalf; (b) contact bidders in a advertisement where items are listed for sale in order to offer similar items to the bidders in that advertisement; or (c) make bids or make any payment using a false User ID. 

Fees
Joining BermudaSun and bidding on items is free, although you will remain responsible for the costs of accessing our Site and communicating with our users. We do not charge fees for advertisement items for sale through our Site. We may change this policy at any time, and any change will be effective after the expiry of 14 days following the date of posting on the announcements board on the Site (or such later date as we may notify). We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service.

Definition Your Information

"Your Information" is defined as any information you provide to us or other users in relation to the BermudaSun service including the registration, bidding, advertisement or feedback process (including, without limitation, any description of items listed), your postings on the message boards and any other content that you post within the Site. You are solely responsible for Your Information, and we act as a mere conduit for your online distribution and publication of Your Information. 

Restrictions

 Your Information and your activities on our Site must not: 

- be false, inaccurate or misleading; 
- be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
- infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
- be fraudulent or involve the sale of counterfeit or stolen items;
- be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising); 
- be obscene, indecent or contain child pornography;
- create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
- link directly or indirectly to or include descriptions of goods or services that: (a) are prohibited under this User Agreement; (b) are identical to other items you have up for sale but are priced lower than your item's reserve or minimum bid amount; (c) are concurrently listed for sale on a Site other than BermudaSun's (this does not prevent linking to or advertising an BermudaSun item from another Site); or (d) you do not have a right to link to or include;
- contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
- cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired. 

You must not list any item on the Site (or complete any transaction initiated using the Site) that could cause us to violate any applicable law. BermudaSun reserves the right to remove any listing for any reason, at any time, without reason, or further explanation or liability to advertiser.

Licence To enable BermudaSun to use Your Information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in Your Information, in any media now known or not currently known. You also waive all moral rights you have in Your Information to the fullest extent permitted by law. 

Access and Interference

The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to BermudaSun by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of BermudaSun and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. We do not authorise you to extract or re-utilise substantial parts of our Site, or to make systematic and repeated extractions or re-utilisations of insubstantial parts of our Site. 

Your Use of Other Users' Information

 In order to facilitate interaction among all BermudaSun community members, our service allows you limited access to other users' contact information. As a seller you have access to the User ID, email address and other contact information of the buyer or winning bidder(s), and as a buyer or winning bidder you have access to the User ID, email address and other contact information of the seller. 

By accepting this User Agreement, you agree that, with respect to other users' personally identifiable information that you obtain through the Site or through an BermudaSun-related communication or BermudaSun-facilitated transaction, you may only use such information for: (a) BermudaSun-related communications that are not unsolicited commercial messages and relate to your genuine participation in an BermudaSun-facilitated transaction, (b) using services offered through BermudaSun (e.g. escrow, insurance, postal and fraud complaints), and (c) any other purpose that such user expressly agrees to after adequate disclosure of the purpose(s). In addition, you shall only use such information in accordance with applicable laws and regulations, including without limitation data protection and privacy laws. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personally identifiable information about another user to any third party without our consent and the consent of such other user after adequate disclosure. 

BermudaSun and our users do not tolerate spam or unsolicited commercial communications. Therefore, without limiting the foregoing, you shall not add an BermudaSun employee or an BermudaSun user, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express written consent after adequate disclosure. To report spam from other BermudaSun users, please send an email to the Trust and Safety team, available on the contact page of www.SunShopper.bm

Use of Email Tools 

You may not use the Email This Auction to a Friend service, or other email forwarding services that we offer, to send spam or otherwise send content that would violate our User Agreement. We do not permanently store the email messages or the email addresses. 

Breach
Without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your user registration or any of your item advertisements and refuse to provide our services to you without notice to you: (a) if you breach this User Agreement or the documents incorporated by reference; (b) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause us financial loss or legal liability. 

Transfer of Data
We view protection of users' privacy as a very important community principle. Please note that Your Information will be stored and processed on our computers in the United States. The laws on holding personal data in the United States may be less stringent than the laws of Bermuda but BermudaSun will hold and transmit Your Information in a safe, confidential and secure environment. If you object to your Information being transferred or used in this way please do not register. 

Export Control
You acknowledge that any goods or services sold to you under these terms of use may be subject to export control laws and regulations in jurisdictions including but not limited to the countries of the US and the European Economic Area. You confirm that, should this be the case, you will not export or re-export such goods or services in breach of such laws or regulations. 

Links to Third Party Sites
This Site contains links to third party Sites. Your use of third party Sites is subject to the terms and conditions of use contained within each of those Sites. Access to any other Site through this Site is at your own risk. BermudaSun is not responsible or liable for the accuracy of any information, data, opinions and statements made on these Sites or the security of any link or communication with those Sites. BermudaSun reserves the right to terminate a link to a third party Site at any time. The fact that BermudaSun provides a link to a third party Site does not mean that BermudaSun endorses, authorises or sponsors that Site, nor does it mean that BermudaSun is affiliated with the third party Sites, owners or sponsors. BermudaSun provides these links merely as a convenience for those who use this Site. 

COPYRIGHT NOTICE AND LIMITED LICENCE
The information, content, graphics, text, sounds, images, buttons, trademarks, service marks, trade names and logos (the "Materials") contained in this Site are protected by copyright, trade mark, database right, sui generis right and other intellectual property laws, under national laws and international treaties. BermudaSun and/or its licensors (as the case may be) retain all right, title, interest and intellectual property rights in and to the Materials. 

Any other use of the Materials on this Site, including in any form of copying or reproduction (for any purposes other than those noted above) modification, distribution, uploading, re-publication, extraction, re-utilisation, incorporation or integration with other Materials or works or re-delivery using framing technology, without the prior permission of BermudaSun is strictly prohibited and is a violation of the proprietary rights of BermudaSun. Other than as expressly provided herein nothing in these Terms of Use should be construed as conferring by implication or otherwise any licence or right under any copyright, patent, trade mark, database right, sui generis right or other intellectual property or proprietary interest of BermudaSun, its licensors or any third party. 

You agree to grant BermudaSun a non-exclusive, royalty free, world-wide, perpetual licence with the right to sub-licence, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any Materials and other information (including without limitation ideas contained therein for new or improved goods and services) you submit to any public areas of this Site (such as bulletin boards, forms in news groups or by email to BermudaSun). You also grant BermudaSun the right to use your name in connection with the submitted content.  

DISCLAIMERS
ALL USE BY YOU OF THIS SITE IS AT YOUR OWN RISK. YOU ASSUME COMPLETE RESPONSIBILITY FOR, AND FOR ALL RISK OF LOSS RESULTING FROM, YOUR DOWNLOADING AND/OR USING OF, OR REFERRING TO OR RELYING ON FACILITIES, SERVICES OR MATERIALS PROVIDED ON THIS SITE, OR ANY OTHER INFORMATION OBTAINED FROM YOUR USE OF THIS SITE. YOU AGREE THAT BermudaSun AND PROVIDERS OF TELECOMMUNICATIONS AND NETWORK SERVICES TO BermudaSun WILL NOT BE LIABLE FOR DAMAGES ARISING OUT OF YOUR USE OR YOUR INABILITY TO USE THIS SITE, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACT, TORT OR OTHER GROUNDS. THIS SITE IS AVAILABLE TO ALL USERS "AS IS" AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BermudaSun MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS THAT THIS SITE, OR THE SERVER THAT MAKES IT AVAILABLE, WILL BE FREE FROM DEFECTS, INCLUDING, BUT NOT LIMITED TO VIRUSES OR OTHER HARMFUL ELEMENTS. BermudaSun ACCEPTS NO LIABILITY FOR ANY INFECTION BY COMPUTER VIRUS, BUG, TAMPERING, UNAUTHORISED ACCESS, INTERVENTION, ALTERATION OR USE, FRAUD, THEFT, TECHNICAL FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, OR ANY EVENT OR OCCURRENCE BEYOND THE CONTROL OF BermudaSun, WHICH CORRUPTS OR EFFECTS THE ADMINISTRATION, SECURITY, FAIRNESS AND THE INTEGRITY OR PROPER CONDUCT OF ANY ASPECT OF THIS SITE. BermudaSun MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS ABOUT ANY OF THE FACILITIES, SERVICES AND/OR MATERIALS ON THIS SITE (INCLUDING WITHOUT LIMITATION, THEIR ACCURACY, THEIR COMPLETENESS OR THEIR MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. 
 
We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our Site and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. 

Governing Law and Legal Compliance.
This User Agreement shall be governed by and construed in accordance with Bermuda laws. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, advertisement, purchase and solicitation of offers to purchase and sale of items. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past. 

This Site is controlled and operated by BermudaSun from Bermuda. BermudaSun does not make any representation that the facilities, services and/or Materials offered through this Site are appropriate or suitable for use in countries other than Bermuda, or that they comply with any legal or regulatory requirements in any such other countries. In accessing this Site, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent any local laws are applicable. If it is prohibited to make this Site, facilities, services and/or Materials offered through this Site or any part of them available in your country, or to you (whether by reason of nationality, residence or otherwise, this Site, the facilities, services and/or Materials offered through this Site or any part of them are not directed at you). These Terms of Use shall be governed by and construed in accordance with the laws of Bermuda, and you hereby agree for the benefit of BermudaSun and without prejudice to the right of BermudaSun to take proceedings in relation to these Terms of Use before any court of competent jurisdiction, that courts of Bermuda shall have jurisdiction to hear and determine any actions or proceedings that may arise out of or in connection with these Terms of Use, or for such purposes you irrevocably summit to the jurisdiction of such courts. 

LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BermudaSun NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR LOSS OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY FACILITIES, SERVICES AND/OR THE MATERIALS OFFERED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS SITE OR SERVICES THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, LOSS OF INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF BermudaSun HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE. IN NO EVENT SHALL BermudaSun NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

Without limiting the foregoing, under no circumstances shall BermudaSun nor any of its officers, directors, employees, affiliates or other representatives be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, internet failure, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, strikes, lay-way disputes, riots, interactions, civil disturbances, shortages of labour or materials, fires, floats, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third party. 

We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment. 

Our liability to you or any third party, and the liability of our subsidiaries, affiliates, officers, directors, agents and employees, in any circumstance is limited to the greater of the total fees you have paid to us in relation to the .

Indemnity.
You agree to indemnify and hold us and (as applicable) subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party. 

Notices.
Unless otherwise explicitly stated, notices to BermudaSun must be sent by registered mail to "Bermuda Sun Limited, PO Box HM 1241, Hamilton, HMFX, Bermuda" and notices to you will be sent to the email address that you provide to BermudaSun during the registration process (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail. 

Dispute Resolution.
Disputes between you and BermudaSun regarding our services may be reported to BermudaSun Customer Support. We encourage you to report all disputes between users to your local law enforcement body.
 
General.
If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. You agree that this User Agreement and all incorporated agreements may be automatically assigned by BermudaSun, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and BermudaSun are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement. 

This User Agreement will prevail over any conditions of sale imposed by a seller and all our policies are incorporated in this User Agreement by reference. Each of the policies may be amended from time to time and material changes will be posted on the Announcement Board except for the Privacy Policy for which we will provide you with thirty days notice.

Any waiver of any provision of these Terms of Use must be in writing signed by BermudaSun to be valid. Any waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of any provision in the future. If any court of competent jurisdiction finds any provision of these Terms of Use to be void or unenforceable for any reason, then such provision shall be ineffective to the extent of the court's finding effecting the validity and enforceability of any remaining provision. These Terms of Use represent the entire understanding and agreement between you and BermudaSun relating to use of this Site, its facilities and/or services and supersede any and all prior statements, understandings and agreements whether oral or written, and shall not be modified except in writing, signed by you and by BermudaSun.

If you have any questions, please contact customer support by visiting the contact page on the website, www.SunShopper.bm
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