IMPORTANT – READ CAREFULLY: THESE TERMS AND CONDITIONS ARE A LEGAL CONTRACT BETWEEN YOU AND SUN TAN CITY. BY CLICKING TO ACCEPT OR AGREE TO THE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, OR REGISTERING FOR OR USING THIS SITE, WHICH WILL SERVE AS YOUR SIGNATURE, YOU AGREE TO CONDUCT TRANSACTIONS ELECTRONICALLY AND TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD EXIT THIS PAGE WITHOUT ACCEPTING AND REFRAIN FROM ALL FURTHER USE OF THIS SITE.
Agreement Between User and Sun Tan City, LLC. These Website Terms and Conditions (collectively, the “Terms”) govern your use of all websites, domains, pages and mobile or desktop applications owned or operated by Sun Tan City, LLC or our affiliates (individually or collectively, the “website”). The terms “we,” “us,” “our” and “Sun Tan City” refer to Sun Tan City, LLC, a Kentucky limited liability company, and its affiliates (which means subsidiaries, parent companies, joint ventures and other entities under common ownership).
We may revise these Terms at any time by updating this website without prior notice to you. You will need to return to this page periodically to review the most current version of the Terms. You can determine when these Terms were last revised by referring to the “Last Updated” line at the top. Your continued use of this website will be deemed to be acceptance of the updated or amended terms. In the event that we offer any awards, promotions or contests, you agree that you are subject to any additional posted terms, rules or guidelines applicable to such activity, which are hereby incorporated by reference into these Terms. We reserve the right to modify or discontinue this website at any time without notice to you, and we will have no liability to you if we do so.
Copyright Complaints. Sun Tan City respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement described below.
These Terms may not be amended by you except in a writing hand signed by you and an authorized representative of Sun Tan City. For purposes of this provision, “writing” does not include an e-mail message and a signature does not include an electronic signature.
Use of the Website, Accounts and Services. The following restrictions apply to the use of the website and our services, including any account for which you may register:
b. You agree to monitor your account to restrict use by minors, and you will prevent access to children under the age of 16. You accept full responsibility for any unauthorized use of the website or the services by minors in connection with your account. You are responsible for any use of your credit card or other payment instrument by minors or others.
c. You agree not to use any incomplete, false or inaccurate biographical or other information for purposes of registering as a user, creating an account or any promotion.
d. You agree not to have more than one account at any given time, and not to create an account on behalf of someone other than yourself.
e. You agree not to use the website or your account to make any false reservations, or to impersonate or attempt to impersonate anyone else.
f. You agree to use the website and your account only for non-commercial purposes.
g. You agree not to use the website or your account to advertise, solicit or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone.
h. You agree not to use the website or your account to engage in any illegal conduct.
i. You agree not to sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your account to anyone without our prior written permission.
Electronic Orders. When you place an order for goods or services or carry out other transactions, you agree that:
a. You and we each may electronically transmit to, or receive from, the other party orders, confirmations and transaction information (collectively “Documents”) through the website.
b. You and we each will each use reasonably sufficient security procedures relating to all transmissions of Documents and to protect business records and data from improper access.
c. You and we each adopt as our respective signatures your and our sender identification which is to be affixed to or contained in each Document transmitted by such party (“Signature(s)”). You and we each agree that the Signature affixed to or contained in any transmitted Document will be sufficient to verify such party originated such Document.
d. You and we each will use the security procedures required pursuant to these Terms to protect the confidentiality of the parties’ Signatures.
e. Documents will not be deemed to have been properly received, and no Document will give rise to any obligation, until accessible to the receiving party on the computer used by such party for receipt of Documents hereunder.
f. If any properly transmitted Document is received in an unintelligible or garbled form, the receiving party will, if reasonably possible, promptly notify the originating party (if identifiable from the received Document) in a reasonable manner.
g. Any Document properly transmitted pursuant to these Terms will be considered, in connection with any transaction, to be a “writing” or “in writing.” Any such Document when containing, or to which there is affixed, a Signature (“Signed Document”) will be deemed for all purposes to have been “signed” and to constitute an “original” when printed from electronic files or records established and maintained in the normal course of business and the parties agree not to contest the validity or enforceability of Signed Documents under the provisions of any applicable law relating to whether certain agreements be in writing and signed by the party to be bound thereby.
Username and Password. During the account creation process, you may be required to select a username and password (“Login Information”). The following rules govern the security of your Login Information:
a. You agree not to share the account or the Login Information, let anyone else access your account, or do anything else that might jeopardize the security of your account.
b. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft or unauthorized disclosure of the Login Information, you must immediately notify us and modify your Login Information.
c. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you.
d. You are responsible for anything that happens through your account.
Sun Tan City reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.
Limitations on Use. Any use of the website or our services in violation of these Terms is strictly prohibited, can result in the immediate revocation of your right to use our website or services, and may subject you to liability for violations of law or of these Terms. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE WEBSITE, INCLUDING UNDERMINING OR MANIPULATING THE OPERATION OF THE WEBSITE, IS A VIOLATION OF SUN TAN CITY POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
Prohibitions. You agree that you will not, under any circumstances:
a. Engage in any act that we deem to be in conflict with the spirit or intent of the website, including but not limited to circumventing or manipulating these Terms or any policies;
b. Make improper use of our services, our products or the website, including by submitting false abuse reports or using profane and abusive language in your communications with our personnel; or
c. Use the website, services or products, intentionally or unintentionally, in connection with any violation of any law or regulation, or do anything that promotes the violation of any law or regulation.
Cheating and Hacking. You agree that you will not, under any circumstances:
a. Use, create or assist in creating cheats, exploits, automation software, bots, hacks, mods or any third party software designed to modify or interfere with the website;
b. Without our express written consent, modify or cause to be modified any files that are a part of the website;
c. Disrupt, overburden or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the website; or (2) the use of the website by any other person;
d. Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attack or other attempt to disrupt the website or any other person’s use or enjoyment of the website; or
e. Attempt to gain unauthorized access to the website, accounts registered to others or to the computers, servers or networks connected to the website by any means other than the user interface provided by Sun Tan City, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the website.
Offensive or Infringing Content. You agree that you will not, under any circumstances:
a. Post any information that is likely to deceive any person, abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously or otherwise, objectionable or offensive or promotes any illegal activity;
b. Post any information that is sexually explicit, pornographic, contains nudity, excessive violence or offensive subject matter or that contains a link to such content;
c. Attempt to, or advocate or incite another to, defame, harass, abuse, stalk, threaten or harm, or otherwise violate the legal rights of, another person or group, including without limitation our employees and contractors; or
d. Post any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person.
Collection and Publication of Personal Information. You agree that you will not, under any circumstances:
a. Solicit, or attempt to solicit, personal information from other users of the website;
b. Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents or financial information through the website; or
c. Upload or transmit, or attempt to upload or transmit, without our express written permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies or other similar devices.
Commercial Activity. You agree that you will not, under any circumstances:
a. Without our express prior written consent, use the website or any part thereof for any commercial purpose, including but not limited to (1) communicating or facilitating any commercial advertisement or solicitation, or (2) gathering or transferring items for sale;
b. Use the website, or any part thereof, for performing services; or
c. Transmit unauthorized communications through the website, including junk mail, chain letters, spam or any materials that promote malware, spyware or downloadable items.
Unauthorized Use or Connection to the Website. You agree that you will not, under any circumstances:
a. Interfere or attempt to interfere with the proper functioning of the website or connect to or use the website in any way not expressly permitted by these Terms;
b. Use any unauthorized third party software that accesses, intercepts, “mines” or otherwise collects information from or through the website or that is in transit from or to the website, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the website to store information; we may, in our sole and absolute discretion, allow the use of certain third party user interfaces;
c. Intercept, examine or otherwise observe any proprietary communications protocol used by a user, a server or the website;
d. Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
e. Bypass any measures we employ to restrict access to the website or use any software, technology or device to send content or messages, scrape, spider or crawl the website, or harvest or manipulate data;
f. Use, facilitate, create or maintain any unauthorized connection to the website, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the website; or (2) any connection using programs, tools or software not expressly approved by us in writing;
g. Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any software or other intellectual property used to provide the website, or to obtain any information from the website using any method not expressly permitted by us; or
h. Copy, modify or distribute rights or content from the website, use our trademarks or use any method to copy or distribute the content of the website, except as specifically allowed in these Terms.
Profiles, Forums and Submissions. If we choose to make the option available, you may post certain information and materials in connection with the website or through our social media pages or sites (your “Profile”). We refer to features that allow you to post such information as “Forums”. All of the rules of conduct above and elsewhere in these Terms apply to Profiles and Forums. Without our express prior written consent, you may not use Profiles or Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use Profiles or Forums to solicit other website visitors or users to visit or become members of, subscribe to, or register with any commercial online service or other organization.
Information contained in the Profiles and Forums may be provided by third party visitors to the website which may be inaccurate, misleading or deceptive. Sun Tan City and their respective employees, officers, directors, owners, agents, representatives, licensors, suppliers and service providers neither endorse nor are responsible for any opinion, advice, information or statements made in the Profiles and Forums by third parties. Under no circumstances will Sun Tan City or its respective employees, officers, directors, owners, affiliates, agents, representatives, licensors, suppliers or service providers be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the Profiles and Forums reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of Sun Tan City.
We reserve the right, at our sole discretion, to edit any User Content and to choose to include or not include such User Content in a Profile, the Forums or otherwise in the Website. We are not responsible for screening, monitoring or verifying User Content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties are those of such third parties and not of Sun Tan City, and Sun Tan City does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from the website at any time. Please understand that removal or editing of any User Content or other materials may not occur immediately.
You acknowledge and agree that we have no control over, and will have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through Profiles, Forums or any other part of the website. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE ON THE WEBSITE OR OTHER SOCIAL MEDIA, YOU DO SO AT YOUR OWN RISK.
Linking to the Website. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
This website may provide certain social media features that enable you to:
• Link from your own or certain third-party websites to certain content on this website.
• Send emails or other communications with certain content, or links to certain content, on this website.
• Cause limited portions of content on this website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such feature]. Subject to the foregoing, you must not:
• Establish a link from any website that is not owned by you.
• Cause the website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the website other than the homepage.
• Otherwise take any action with respect to the materials on this website that is inconsistent with any other provision of these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Suspension and Termination of Account and Use. WITHOUT LIMITING ANY OTHER REMEDIES, SUN TAN CITY MAY LIMIT, SUSPEND, TERMINATE, MODIFY OR DELETE ACCOUNTS OR THIS WEBSITE, ACCESS TO THE WEBSITE, OUR PREMISES OR SERVICES, OR PORTIONS THEREOF, WITH OR WITHOUT NOTICE TO YOU, IF SUN TAN CITY SUSPECTS THAT YOU ARE FAILING TO COMPLY WITH ANY OF THESE TERMS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE WEBSITE OR THE SERVICES.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING OUR PREMISES OR THE WEBSITE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
Sun Tan City reserves the right to stop offering and/or supporting the website or portion of the website at any time either permanently or temporarily. In such event, we will not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the website or the services. Termination of your account can include disabling your access to the chatroom or any part thereof including any content you submitted or others submitted.
You may cancel any account registered to you at any time by following the instructions at _____________________.
Ownership. The website, including without limitation any computer code, software, themes, objects, photographs, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, chat transcripts, profile information and recordings are works owned or licensed by Sun Tan City, LLC. Sun Tan City reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the website and its content. Accordingly, the material and content available on the website may not be copied, distributed, republished, uploaded, posted or transmitted in any way for any public or commercial purpose, except as specifically allowed under these Terms, without the prior express written consent of Sun Tan City. You may not remove any copyright or other proprietary notice from Sun Tan City’s materials. Modification or use of the material or content on the website, except as expressly provided in these Terms, violates Sun Tan City’s or third parties’ intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the website.
Accounts. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN AN ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND WILL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF SUN TAN CITY. GENERALLY, ACCOUNTS CREATED WITH US WILL BE CONSIDERED ACTIVE UNTIL WE RECEIVE A USER REQUEST TO DEACTIVATE OR DELETE THEM; HOWEVER, WE RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS OR AS OTHERWISE DESCRIBED HEREIN.
Content Screening. You are entirely responsible for all User Content you post or otherwise transmit via the website. Sun Tan City assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the website for inappropriate or illegal content or conduct.
We have no obligation to monitor User Content. If we choose at any time, in our sole discretion, to monitor the website, we have the right, in our sole discretion, to edit, refuse to post, or remove any User Content and we may monitor and/or record your interaction with the website or communications (including without limitation chat text and voice communications) when you are using the website. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring and recording
Information Use by Other Users of the Website. If you post User Content, we cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it. Sun Tan City will have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
If you submit suggestions, proposals, comments or other materials (collectively “Submissions”) within the website you understand and agree that Sun Tan City (a) will have no obligation to keep your Submissions confidential; (b) will have no obligation to return your Submissions or respond in any way; and (c) may use your Submissions for any purpose in any way without notice or compensation to you.
User Interactions and Disputes. You are solely responsible for your interactions with other users of the website and any other parties with whom you interact through the website or on our premises. We reserve the right, but have no obligation, to become involved in any way with any disputes.
Release. IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE US (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Fees and Purchase Terms. You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. Sun Tan City may revise the pricing for any goods and services it provides through the website or otherwise at any time. YOU ACKNOWLEDGE THAT SUN TAN CITY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED RESERVATIONS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Links to Third Party Sites and Dealings With Advertisers. Sun Tan City may provide links to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving something from you. Any charges or obligations you incur in your dealings with these third parties are your responsibility. Sun Tan City makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our website, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Sun Tan City and may collect data or solicit personal information from you. Sun Tan City is not responsible for any actions or omissions by such sites, for their content, business practices or privacy policies, or for their collection, use or disclosure of any information. Further, the inclusion of any link does not imply endorsement by Sun Tan City of any linked sites. YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, OUR SERVICES AND OUR PRODUCTS (EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR WITH THE SERVICES OR PRODUCTS) ARE AT YOUR SOLE RISK AND ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO BE THE SHORTER OF 30 DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
WITHOUT LIMITING THE FOREGOING, NEITHER SUN TAN CITY NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “SUN TAN CITY PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATIONS; WAIVERS OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE WEBSITE, OUR PRODUCTS OR OUR SERVICES UNDER ANY CAUSE OF ACTION WHATSOEVER IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE SUN TAN CITY PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE WEBSITE, OUR PRODUCTS OR OUR SERVICES.
THE LIMITATIONS IN THESE TERMS APPLY WHETHER THE ALLEGED LIABILITY IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE SUN TAN CITY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE SUN TAN CITY PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE WEBSITE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE WEBSITE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL THE SUN TAN CITY PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID SUN TAN CITY IN THE 180 DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID SUN TAN CITY ANY AMOUNTS IN THE 180 DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SUN TAN CITY IS TO STOP USING THE WEBSITE, PRODUCTS OR SERVICES AND TO CANCEL YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN ADDITION, OUR LIABILITY IN SUCH JURISDICTIONS WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification. You indemnify and hold Sun Tan City and the Sun Tan City Parties harmless from any claims, losses, damages and liabilities, including legal fees and expenses, arising out of your use or misuse of the website, our products or our services, any violation by you of these Terms, or any breach of the representations, warranties and covenants made by you. Sun Tan City reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Sun Tan City, and you agree to cooperate with Sun Tan City’s defense of these claims. Sun Tan City will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your account(s) or of the website.
Dispute Resolution. If a dispute arises between you and Sun Tan City, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Sun Tan City agree that we will resolve any claim or controversy, at law or equity, that arises out of these Terms, this website or our business in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We may consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Legal Disputes. These Terms and any dispute arising out of or related to them, this website or our business will be governed in all respects by the laws of the Commonwealth of Kentucky as they apply to agreements entered into and to be performed entirely within Kentucky between Kentucky residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Sun Tan City must be resolved exclusively by a state or federal court located in Louisville, Kentucky, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Louisville, Kentucky for the purpose of litigating all such claims or disputes.
The website is operated out of the United States of America. We do not represent the content or materials present in the website are appropriate for use in other locations. If you access the website from a jurisdiction outside of the United States, you agree that you do so on your own initiative, and are responsible for compliance with local laws where you reside or where you access the website, if and to the extent that such laws are applicable to your use of the website.
Arbitration Option. For any claim or dispute (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, such person will initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, and the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator will be final and may be entered in any court of competent jurisdiction.
Improperly Filed Claims. All claims you bring against Sun Tan City must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to these provisions will be considered improperly filed. Should you file a claim contrary to these provisions, Sun Tan City will be entitled to recover attorneys' fees and costs up to $1000, provided that Sun Tan City has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Text Messages. Text JOIN to 36379 to join Sun Tan City Promo Alerts. Message and data rates may apply.
Text STOP to 36379 to stop receiving Sun Tan City Promo Alert messages from Sun Tan City.
Texts may be sent using an automatic telephone dialing system. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services.
For additional information, text HELP to 36379 or contact D[email protected] or call 270-765-7400.
Compatible carriers include: AT&T, Sprint, T-Mobile®*, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Breakaway Wireless, Cabelvision (Optimum Mobile), Carolina West Wireless, Cellcom, Cellular One of East Central Illinois, Centennial Wireless, Chariton Valley Cellular, Chat Mobility (Hawkeye), Cincinnati Bell Wireless, Coral Wireless, Cox Mobility, Cross/ Sprocket, C-Spire Wireless (formerly Cellsouth), CTC Telecom, DTC Wireless (Advantage Cellular), Duet IP (AKA Max/Benton/Albany), Element Mobile, Epic Touch, GCI Communications, Golden State, Illinois Valley Cellular, Immix (Keystone Wireless/ PC Management), Inland Cellular, iWireless, Leaco, Mobi PCS, Mosaic, MTPCS/ Cellular One (Cellone Nation), Nemont, Nex-Tech Wireless, nTelos, NW Missouri Cellular (Hawkeye), Panhandle Telecommunications, Peoples Wireless, Pioneer, Pine Cellular, Plateau, Revol, Rina – Custer, Rina – All West, Rina – Cambridge Telecom Coop, Rina – Eagle Valley Comm, Rina – Farmers Mutual Telephone Co, Rina – Nucla Nutria Telephone Co, Rina – Silver Star, Rina – Syringa, Rina – UBET, Rina – Manti, Rural Cellular Corporation, SI Wireless, Simmetry, SouthernLINC, SRT, Strata Networks, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless.
*T-Mobile® is not liable for delayed or undelivered messages.
Except as expressly and specifically set forth in this these Terms, no representations, statements, consents, waivers or other acts or omissions by Sun Tan City will be deemed a modification of these Terms nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Sun Tan City.
Equitable Remedies. You acknowledge that the rights granted and obligations made under these Terms to Sun Tan City are of a unique and irreplaceable nature, the loss of which will irreparably harm Sun Tan City and which cannot be replaced by monetary damages alone. Accordingly, Sun Tan City will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the website, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the website or any content or other material used or displayed through the website and agree to limit your claims to claims for monetary damages, limited by these Terms (if any).
Force Majeure. Sun Tan City will not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Sun Tan City, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond our control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Notice and Procedure for Making Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on this website infringe your copyright, you (or your agent) may send Sun Tan City a notice requesting that it remove the material or block access to it. Submit your complaint by email or in writing and include in it the following information:
• A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description for where the material that you claim is infringing is located on the site;
• Your address, telephone number and e-mail 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 owner, or authorized to act on the copyright owner’s behalf.
If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See copyright.gov for details.
Our Copyright Agent for notices and counter-notices relating to claims of copyright infringement on the Website can be reached as follows:
Sun Tan City, LLC
445 E Market Street, Ste. 310
Louisville, Kentucky 40202
Phone: (877) 362-1097
E-mail: [email protected]
We endeavor to respond quickly to the concerns of rights owners about any alleged infringement.
We suggest that you consult your legal advisor before filing a notice or counter-notice.