1. GENERAL. The terms and conditions on this form (“Terms”) constitute the entire agreement between THE TAN TECH LLC (“Seller”) and Buyer, and all sales by Seller of the products described in the Purchase Order (the “Product(s)”) are expressly conditioned upon these Terms. These Terms supersede all prior negotiations, communications, purchase orders and/or statements. These Terms may in some instances conflict with those of the Buyer's purchase order or other order. If so, such terms not in conformance with these Terms are rejected and these Terms shall govern. Acceptance of Buyer's order is expressly conditioned upon Buyer's acceptance of or assent to these Terms, which shall be established by a written acknowledgment, by implication, or by acceptance or payment for the Product. Seller's failure to object to provisions contained in any communication from Buyer shall not be deemed an acceptance of such provision or a waiver of these Terms. Any changes in these Terms must specifically be agreed to in writing and signed by an officer of Seller before becoming binding. If any authorized change affects cost or timing, Seller shall adjust the purchase price and delivery schedules accordingly. Retention by Buyer of any Products sold here under shall be conclusively deemed acceptance of these Terms.
2. PAYMENT. The prices reflected in the Purchase Order are based on US Dollars. The Tan Tech will render services as listed in service description. Appointments will not be booked until payment is made in full.
3. TIPS & GRATUITY. Gratuity is not included in the Services pricing. Gratuity is greatly appreciated and up to the Buyer’s Discretion.
4. LIMITATION OF LIABILITY. Seller shall not be liable for lost profits, incidental, special, consequential or punitive damages resulting from any breach of warranty or condition, or under any other legal theory. Seller’s entire liability on any claim of any kind for any loss or damage arising out of or in connection with this contract shall not exceed the price allowable to the particular goods which gives rise to the claim. Any action resulting from any breach on the part of Seller as to the Product delivered here under must be commenced within one year after the cause of action has accrued.
5. COMPLIANCE WITH LAWS; PERMITS: In the performance of this Purchase Order and in every action in connection therewith, Buyer and Seller shall comply fully with all applicable federal, state and local laws, ordinances, rules, regulations and orders, including obtaining or complying with all necessary permits and licenses, and shall be responsible for all costs and fees associated therewith. The parties agree to hold one another harmless from any and all liabilities, claims, fines or penalties (including reasonable costs and settlements) which may arise out of the failure of such party to comply with the requirements as set forth in this section.
6. INTELLECTUAL PROPERTY.
A. Seller retains all right, title, and interest to any and all intellectual property rights associated with the Product including but not limited to patents, trademarks, copyrights, and trade secrets, whether such rights are registered or unregistered (“Seller’s Intellectual Property”).
B. Buyer acknowledges and agrees that: (i) Seller’s Intellectual Property is the sole and exclusive property of Seller; (ii) Buyer shall not acquire any ownership interest in any of Seller’s Intellectual Property under this Agreement; (iii) Buyer shall use Seller’s Intellectual Property solely for purposes of using the Product under this Agreement and only in accordance with this Agreement and the instructions of Seller; and (iv) if Buyer acquires any intellectual property rights, rights in or relating to the Product (including any rights in any trademarks, derivative works, or patent improvements relating thereto) by operation of law, or otherwise, such rights are deemed and are hereby irrevocably assigned to Seller, without further action by either of the parties.
C. Buyer shall not or allow any third party to: (i) take any action that might interfere with any of Seller’s rights in or to Seller’s Intellectual Property, including Seller’s ownership or exercise thereof; (ii) modify, translate, adapt, or otherwise create or allow the creation of derivative works or improvements, whether or not patent able, of Seller’s Intellectual Property; (iii) reverse engineer any portion of Seller’s Intellectual Property; (iv) engage in any action that tends to disparage, dilute the value of, or reflect negatively on the products sold here under or Seller’s Intellectual Property; (v) misappropriate any of Seller’s trademarks for use without prior written consent from Seller; or (vi) alter, obscure or remove any Seller's trademarks or copyright notices or any other proprietary rights notices placed on the products, marketing materials or other materials that Seller may provide.
7. NO RETURNS. We do not accept cancellations once the service is booked and paid for. We are happy to reschedule your appointment for another time & keep your credit on file.
8. CONFIDENTIALITY. The Tan Tech does not discuss client’s personal information, identity, status, referrals, etc.