Terms and Conditions
1. Electric Sun Tan provides access to and runs this site free of charge to provide education, communication, intranet, password-protected work in progress, cyber enjoyment, information about Electric Sun, its capabilities and the work done for its clients. We welcome you to our site. We want to make it clear that by visiting or using our site you're legally obligated to the terms and conditions listed herein and any other law or regulation that applies to the site, the Internet, and the World Wide Web and that these rules apply to your use of our site. The sole authorized use of the site is to obtain information about Electric Sun and no other use is permitted. Do not access or browse this site if you do not agree without modification to be bound by the terms, conditions, and notices contained herein. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices contained herein.
2. Copyright in all material on this site is owned by Electric Sun, its providers, or its clients and copyright in the compilation of all materials on this site is owned by Electric Sun. Copyright Electric Sun 2007 all rights reserved. No photos, text, images, audio, video, or materials on this site may be copied, transmitted, distributed, modified, displayed, licensed, reused, reposted, reproduced, framed, stored for subsequent use, altered or further distributed for public or commercial purposes or otherwise used in whole or in part without Electric Sun's prior written permission, except to the extent allowed by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notice of Electric Sun's proprietary rights. Presume that each and everything on the site is copyrighted unless Electric Sun specifically and expressly discloses that it's not.
3. Electric Sun, its clients, its providers, or its affiliates own all of the trade names, trademarks, service marks, logos and trade styles, and works of authorship, including but not limited to all design, text, images, and sound recordings, on this site. Proper use is limited to use in connections with the products and services of the mark or image owner and no other use is permitted without the Electric Sun's or the owner's prior written permission. The following marks are owned by Electric Sun. All of the photos, images, pictures of people or places on the site are either our property or someone else's property.
5. Electric Sun's policy is not to accept or consider any unsolicited ideas, photos, concepts, know-hows, techniques, or materials of any kind, including developing, manufacturing, and products, services, or otherwise. Do NOT submit to us or post on the site in any bulletin board or anywhere else any such materials at any time. If you violate this prohibition, we reserve the right to consider all materials submitted as non-confidential and free of any claims of proprietary or personal rights. Anything you disclose to us becomes ours. Such material and all rights will be our property, free and clear of any claims by you or others, and we will be able to reproduce it, disclose it, transmit it, disclose it, publish it, broadcast it, post it , and use them for any purpose, including advertising and promotion, without compensation or any other obligation to anyone, including you.
6. Notwithstanding the fact that Electric Sun may, from time to time, look at postings in our discussion groups, bulletin boards, email, and chat groups, we take no responsibility and assume no liability for any of the content of those locations or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity. Do not post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, nasty, mean, or profane material or any material that may be considered a criminal offense, civil offense, or violate any law. While we certainly respect your privacy, we cooperate with law enforcement authorities or courts.
7. Electric Sun takes no responsibility and assumes no liability of any kind for the security of this site or your communications within the site. It is strictly prohibited to link other sites with this site without Electric Sun's prior written permission. We may permit some links for convenience, but Electric Sun has no responsibility or liability for the sites, affiliated or unaffiliated to which it is linked or for material posted to this site by anyone other than Electric Sun. Go ahead and link, but remember you do so at your own risk.
8. You understand that the general reliability of the Internet and of connections to and from the Internet may be controlled by factors beyond the reasonable control of the Electric Sun or its Service Providers. Because of this, it is impossible for Electric Sun or its Service Providers to guaranty that their provision of the products and services will be provided without error or interruptions. Once Electric Sun and its Service Providers have been informed that the product or services have been interrupted, that you or others have been unable to access or use the products or services, or that there is an error in the product or services, the Service Providers will make reasonable commercial efforts to correct such problem or error in a timely manner.
9. It is strictly prohibited to use or contact this site to disrupt or damage the site, its contents or its security measures or to harass or disparage Electric Sun or its clients or their respective products or services or personnel. No unsolicited email (Spam) may be directed to or through this site.
10. If you believe that any material on this site, whether posted by us or by third parties, violates the copyrights or other rights of third parties, please contact us with complete details at "inquiry" at Electric Sun.com so that we can make an informed decision about possible action or deletion.
11. This site is offered without warranties of any kind. Electric Sun, ITS AFFILIATES, AND THE SERVICE PROVIDERS AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THEIR PRODUCTS AND SERVICES, THIS SITE, OR ITS CONTENTS. Without limiting the foregoing, Electric Sun provides this site to you 'AS IS' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, the warranties of merchantability and fitness for any particular purpose, title, and infringement. Electric Sun disclaims any direct, incidental, special or consequential, indirect, or punitive damages or lost profits arising out of your access to the site, or use of the site or its contents, or the use of the products or services, whether based on contract, tort, strict liability or otherwise, even if Electric Sun, or the service providers, or any of their suppliers, or Electric Suns affiliates were advised of the possibility of such damages. Additionally, Electric Sun, its affiliates, and service providers do not warrant that the information accessible via this site is accurate, complete, or current. This site could contain technical inaccuracies or typographical errors. We assume no liability and take no responsibility for errors, timeliness, accuracy, omissions, unavailability or interruptions in availability, interruptions in service or content, viruses or other defects in the site or its contents. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. You use this site at your own risk. Electric Sun and others who helped us create, produce, or deliver the site are not liable for any damages you may suffer when you use it. In no event shall Electric Sun be responsible for any damages to users or their computer systems or otherwise, even if Electric Sun has been informed of the possibility of such damages and without regard to negligence.
12. This Web site provides for your reference and convenience only, hyperlinks to Web sites operated by parties other than Electric Sun. Unless otherwise specifically set forth therein, Electric Sun and its affiliates, or Service Providers do not control such Web sites, and as such are not responsible for their content. The inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators, and you access and use such sites, including information, material, products and services therein, solely at your own risk.
13. This site is offered only in the English language and is intended for use in the U.S. and in other areas where that language is spoken. If you require information in other languages about Electric Sun, please contact us at 678-627-0400 ext 201. Use of this site is limited to persons over the age of 18.
15. This site as well as these rules are subject to the laws of Texas, and the USA, without reference to conflicts of laws, regardless of the location of the user, and any claims of any kind related thereto must be filed in the courts located in the State of Texas. Any dispute hereunder shall be resolved in the state or federal courts located in Cobb County, Texas. You hereby consent to jurisdiction of the Courts of the State of Texas or the Federal courts sitting in Ft Worth, Texas and waive any objection to such venue.
16. If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.
17. You, as user, accept by contacting and using this site, and agree to be subject to all of these rules, foregoing terms and conditions, which govern all use and all results thereof.
18. Electric Sun reserves the right to update and change these rules at any time, effective on the date of posting to the site of the new and amended rules. If we do change the site, or these rules, then you're bound by the new and amended rules whenever you visit our site.
Electric Sun Tan offers its products and services with any terms specifications that appear on its work orders and invoices and all of the additional Conditions of Sale that follow:
19. Service Quotations. Service Quotations are subject to acceptance within 30 days. Quotations are based on the cost of labor and materials on the date of the quote. We reserve the right to change the price quoted if changes occur in the cost of materials, labor or other costs and subject to changes made by the client. Subsequent orders may be subject to price revision, if needed. Quotations do not include postage or taxes unless specified separately.
20. Sales Taxes. For customers in the state of Georgia, title passes at the point of delivery to the Post Office in Cobb County, State of Georgia. Sales taxes will be collected from Texas in-state customers and Texas customers are responsible for paying any and all taxes imposed by any governmental authority. For customers outside of the state of Texas, title passes at the point of delivery to the state of delivery and no sales taxes are collected by us.
21. Cancellation. All sales are final. No refunds. No partial refunds for work not completed. When submitting credit card payments verbally, express written permission will have deemed to be provided by you upon viewing your proofs.
22. Alterations/Change Orders. Prices quoted or charged on work orders are based upon our understanding of the specifications submitted and work requested. Customer alterations and change orders will represent work performed in addition to the original specifications. Change order costs will be charged to the client at current rates. Documentation will be provided upon request.
23. Delivery and Production Schedules. Electric Sun takes no responsibility, assumes no liability, nor incurs any penalty of any kind for our failure to meet any requested delivery dates or for any delays. The customer assumes this responsibility at its own risk. We have no control over U.S. Post Office delivery schedules and cannot guarantee when mail deposited by us will be delivered by the Postal Service. All work orders are accepted subject to errors and omissions, contingent to fire, labor trouble, strikes, accident, energy failure, equipment breakdown, delays of suppliers or common carriers, action of government or civil authority, acts of God, acts of civil conflict or war, mechanical breakdown, or any other cause beyond our control. Delivery is based upon a specific time schedule for completion and as such, any requested deviation or failure by the customer might alter the schedule.
24. Terms. All sales are final. No refunds. No cancellations. No partial refunds for work not completed. Failure to make claims within a period of ten (10) days shall constitute irrevocable acceptance. Customer agrees to fully comply with Electric Sun's terms, conditions, specifications, and policies.
25. Liability. Electric Sun MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF ITS PRODUCTS AND SERVICES, ITS WEB SITE, OR ITS CONTENTS. Without limiting the foregoing, Electric Sun provides this site, and its products and services to you 'AS IS' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, the warranties of merchantability and fitness for any particular purpose, title, and infringement. You accept all risk. Electric Sun disclaims any direct, incidental, special or consequential, indirect, or punitive damages or lost profits arising out of your access to the site, or use of the site or its contents, or the use of the products or services, whether based on contract, tort, strict liability or otherwise, even if Electric Sun, or the service providers, or any of their suppliers, or Electric Suns affiliates were advised of the possibility of such damages. Electric Sun assumes no liability and takes no responsibility for any USPS delays, delivery, non-delivery or speedier delivery of the mail and customer agrees to assume all risks. Additionally, Electric Sun, its affiliates, and service providers do not warrant that the information accessible via this site is accurate, complete, or current. This site could contain technical inaccuracies or typographical errors. We assume no liability and take no responsibility for errors, timeliness, accuracy, omissions, unavailability or interruptions in availability, interruptions in service or content, viruses or other defects in the site, its contents, or Electric Sun's products or services. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. You use this site at your own risk. Electric Sun and others who helped us create, produce, or deliver the site are not liable for any damages you may suffer when you use it. In no event shall Electric Sun be responsible for any damages to users or their computer systems or otherwise, even if Electric Sun has been informed of the possibility of such damages and without regard to negligence.
26. Security. As security for payment of any sum due or to become due under terms or conditions of any agreement or work order or in the event of litigation, threatened litigation, disputes whether initiated by Electric Sun or customer, or customer maliciously trying to harm Electric Sun, Electric Sun in its sole discretion shall have the right to retain possession of and shall have a lien on and use of all customer property in Electric Sun's possession including work in progress and customer furnished materials. The extension of credit or the acceptance of notes, trade acceptance, or guarantee of payment shall not affect such security interest and lien.
27. Indemnification. The customer shall indemnify and hold Electric Sun harmless from any and all loss, cost, expense, and damages, including court costs and reasonable attorneys fees on account of any and all manner of claims, demands, actions, and proceedings that may be instituted against Electric Sun on any and all grounds, including but not limited to alleging that said printing work violates any copyrights, trade names, trademarks, service marks, logos and trade styles, and works of authorship or any proprietary right of any person or entity, or that the product or services contains any mistakes, omissions or any material that may be considered a criminal offense, civil offense, or violate any law, or invades any person's right to privacy or their personal rights, except to the extent that Electric Sun contributed to the matter. The customer agrees, at the customer's own expense, to promptly defend and continue the defense of any such claim, demand, action, or proceeding that may be brought against Electric Sun, provided that Electric Sun shall promptly notify the customer with respect thereto.
28. Venue. This site and Electric Sun's Conditions and Terms are subject to the laws of Texas, and the USA, without reference to conflicts of laws, regardless of the location of the user, and any claims of any kind related thereto must be filed in the courts located in the State of Texas. Any dispute hereunder shall be resolved in the state or federal courts located in Cobb County, Georgia. You hereby consent to jurisdiction of the Courts of the State of Texas or the Federal courts sitting in Cobb County, Georgia and waive any objection to such venue.
29. Store Credits.Store credits provided by Electric Sun to you are valid only for one year and only valid for customers who remain active within 6 months after the credit is offered.