Effective Date: 10/22/2020
PLEASE READ THESE WEBSITE TERMS AND CONDITIONS (“SITE TERMS”) CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE SITE TERMS. IF YOU DO NOT AGREE TO THESE SITE TERMS, DO NOT USE THE SITES.
These Site Terms apply exclusively to your access to, and use of, the Sunrise website www.sunrisegroup.org, to all associated subdomains, online services, and mobile applications (collectively, the “Sites”). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Sunrise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify you and Sunrise for violations of these Site Terms.
Sunrise reserves the right to change or modify any of the terms and conditions contained in these Site Terms or any policy or guideline of the Sites, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Sites. Your continued use of the Sites following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Site Terms and applicable policies from time to time to understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended terms, you must stop using the Sites.
Sunrise controls and operates this Site from the United States. Sunrise makes no representation that materials in this Site are appropriate or available for use in other locations, and access to this Site from territories where its contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Copyright and Limited License
Unless otherwise indicated in the Sites, the Sites and all content and other materials on the Sites, including, without limitation all trademarks, service marks, designs, texts, graphics, pictures, information, data, software, methods, inventions, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Sunrise or the Sunrise network, licensors, or users and are protected by U.S. and international copyright, trademark, and other intellectual property laws. Permission is granted to access and use the Sites and to display, copy, print and download the Sites Materials for personal, non-commercial use only, in accordance with these Site Terms and the other rules and restrictions contained in the Sites, provided you do not modify the Site Materials and that you retain all copyright, trademark, and other proprietary notices contained in the materials. In addition, you agree that such permission does not include: (a) any commercial use or any resale or redistribution of the Sites or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) making any derivative uses of the Sites and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (g) any use of the Sites or the Site Materials other than for its intended purpose. The permission granted herein is revocable at any time, with or without cause. Except as expressly stated herein, none of the Site Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted or otherwise used in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Sunrise or the copyright owner. The permission given to you terminates automatically if you breach any of the Site Terms. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without Sunrise’s permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate applicable law (including copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes).
If you believe in good faith that your copyrighted work has been reproduced on our Site without authorization in a way that constitutes copyright infringement, please provide Sunrise’s General Counsel, at the address provided below, the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Sunrise’s agent for notice of claims of copyright or other intellectual property infringement can be reached either by mail Attn: General Counsel, Sunrise Community, Inc., 9040 SW 72nd St., Miami, FL 33173; or by email to This contact information is only for suspected copyright or other intellectual property infringement notices only and is not for reprint or use permission requests. Contact information for other matters is provided elsewhere on this site. We may give notice of a claim of copyright infringement to our users by means of a general notice on the Sites, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s address in our records.
The Sunrise logo and any other product or service name or slogan contained in the Sites are trademarks of Sunrise, the Sunrise network, its corporate partners, licensors, or other respective owners, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Sunrise or the applicable trademark holder. You may not use any metatags or any other “hidden text” using “Sunrise Community, Inc.,” or any other name, trademark or product or service name of Sunrise without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Sunrise and may not be copied, imitated or used, in whole or in part, without Sunrise’s prior written permission. Reference to any products, services, promises or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Sites Linked From The Sites; Third Party Content
This Site may contain links to or may frame third party websites (“Third Party Sites”) and may contain or link to third party information, materials, communications or other content (collectively, the “Third Party Content”). Such Third Party Content and Third Party Sites are not under Sunrise’s control, and Sunrise does not endorse, assume any responsibility or liability for, or make any representations or warranties regarding, the Third Party Sites, the Third Party Content or any products or services offered by any third parties on the Sites or any Third Party Site. Sunrise does not intend links on this Site to be referrals or endorsements of the linked entities, or their products or services, and are provided for convenience only. Your use of Third Party Sites or Third Party Content, or any third party products and services, is at your own risk and subject to the terms and conditions or the provider.
Sites Linking to The Sites
If you would like to link another Web site to this Site, you may only do so if you obtain Sunrise’s prior permission. Such link may not suggest or imply Sunrise’s endorsement or approval of any product, position, entity, or individual, or portray Sunrise in a false, misleading, derogatory or otherwise defamatory manner, and the linking site may not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. Any right to link may be revoked at any time. You may not use the Sunrise logo or other proprietary graphic of Sunrise to link to the Sites without the express written permission of Sunrise. Further, you may not frame or provide inline links to the Sites without Sunrise’s express written consent.
YOUR USE OF THE SITES, THE SITE MATERIALS AND THE SERVICES PROVIDED ON OR THROUGH THE SITES IS AT YOUR OWN RISK AND ARE PROVIDED “AS IS”, WITHOUT WARRANTIES OF ANY KIND. SUNRISE DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS OR THE SERVICES PROVIDED THROUGH THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITES OR THEIR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. SUNRISE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. REFERENCE TO ANY PRODUCTS, SERVICES, PROGRAMS OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY SUNRISE. TO THE FULLEST EXTENT ALLOWED BY THE LAW, SUNRISE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS AND OTHER TERMS EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR PARTICULAR PURPOSE.
Feedback and Materials
Any comments or materials sent to Sunrise (via any medium including e-mail and regular mail) including feedback data, such as questions, ideas, comments, suggestions, or the like regarding this Site or any other products or programs of Sunrise (collectively, the “Feedback”), shall be deemed to be non-confidential and shall become the sole property of Sunrise. You hereby assign all rights in the Feedback to Sunrise, and Sunrise shall have no obligation of any kind with respect to the Feedback. Without limiting the foregoing, Sunrise shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation, without acknowledgment or compensation to you. Further, you expressly waive any moral rights you may have in the Feedback.
Sunrise is grateful for all donations received in support of our conservation work. Due to restrictions imposed by law and the nature of charitable donations, we cannot provide refunds for donations once they have been received. However, if you believe that your donation was made in error (please contact us). All mistaken or unauthorized donations are refunded using the original method of payment.
All purchases made through the Sites are final. In the event an item is damaged or destroyed in transit, Sunrise will attempt to replace said item or reasonably remedy the situation.
Registration Data; Account Security
In consideration of your use of the Sites, if you create an account on the Sites, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Sunrise, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Sunrise.
Limitation of Liability
IN NO EVENT SHALL SUNRISE, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE SITES), AND/OR THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF ANY OF THEM, BE LIABLE FOR ANY DIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF INCOME, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OF CONTRACTS, LOSS OF GOODWILL OR REPUTATION, LOSS OF ANTICIPATED SAVINGS, LOSS OF, DAMAGE TO OR CORRUPTION OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SUNRISE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SUNRISE’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SUNRISE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO SUNRISE FOR ACCESS TO OR USE OF THE SITES.
You agree to defend, indemnify and hold Sunrise, and its affiliates, independent contractors, service providers, suppliers, licensors and consultants, and their respective officers, directors, employees, and agents (the “Indemnified Parties”), harmless from and against any claims, damages, costs, actions, demands, liabilities, and settlements and expenses (including without limitation, reasonable attorneys’ fees) arising out of or related to your violation of these Site Terms, any User Content you post, store or otherwise transmit on or through the Sites, or your use of or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against the Indemnified Parties, arising out of or relating to the Content, your conduct, or your violation of the rights of any third party.
If any provision of these Site Terms is deemed unlawful, void or for any reason unenforceable, then such provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver of any of these Site Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Governing Law and Jurisdiction
These Site Terms and your use of the Sites are governed and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed Florida, without resort to its conflict of law provisions. You agree that any action at law or in equity arising or in any way relating to these Site Terms shall be filed only in the state and federal courts located in Florida and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
If you have any questions regarding the Sites, you may email IBeller@SunriseGroup.Org attn: General Counsel.
You can also send a letter to:
Sunrise Community, Inc.
9040 SW 72nd St.
Miami, FL 33173