Formal Version of our Disclaimer

Informal Version of our Disclaimer

Terms & Conditions of Sale/Bid

Copyright Information

(Formal Version)

TERMS & CONDITIONS OF SALE & BID
November 1998

WARRANTY OF MERCHANTABILITY

Consistent with industry practices, all warranties granted are only those provided by the respective vendor(s) and are instead of any expressed or implied warranties to the buyer. This includes, without limitation, any implied warranties of merchantability or fitness for a particular purpose, and all such other warranties are hereby expressly disclaimed.

We are not liable for any loss or damage caused by delay in furnishing products and/or services due to the performance, or lack thereof, by any person vendor(s). In no event shall our liability of any kind include any special, indirect, incidental or consequential losses or damages, even if we shall have been advised of the chance of such potential loss or damage. Prices quoted subject to change without notice. Prices are not firm until invoiced.

RESTOCKING CHARGES AFTER INITIAL 30 DAYS

A restocking charge of up to 50% of the invoice, on a per item basis, will be charged for product returned due to no fault of Sunset Promotions, Inc. Restocking charges do not apply to items which have manufacturing defects certified by the manufacturer. Shipping and Handling charges are excluded. You have five (5) working days to return stock after return approval is given. Each item must be returned in its original cartons with all packing materials and in the same condition with which you received it and be shipped freight prepaid via UPS ground. Defective merchandise may be replaced with the same item only. All modems and laser printers and some other printers, monitors, laptops must be sent to authorized service centers. Original packaging, contents, and proof of purchase is required to return any Merchandise. DO NOT write on boxes and other papers included with the item. Call for a Return Authorization Number.

PRICE PROTECTION - PRICE CHANGES - RIGHT OF SUBSTITUTION

Prices quoted are subject to change without notice. No guarantee of price is provided on product quotes and sales. All software and Internet programming is performed on a time and material basis. Our Terms & Conditions Guide is available and defines our terms and conditions for any sale. We will, when we know of them, provide you with updated pricing before we invoice you for product ordered. We reserve the right to substitute item(s) invoiced/quoted of equal or greater value when the original stated item is no longer available or no longer meets our standards of excellence for resale.

SATISFACTION GUARANTEED

If you're dissatisfied with your hardware/peripheral purchase, return the product within 30 days in its original condition with all packaging, manuals, etc. and the original sales receipt or invoice. We will give full credit or exchange. Software can not be returned unless defective and then only for replacement. Software returns only for defective merchandise or merchandise still in original, unbroken, wrapper. Labor, shipping/handling, and service charges are not refundable.

Unused laser printers and copiers are returnable within 30 days. They must be in original condition with all packaging. You cannot return once any toner has been installed. These machines are covered by manufacturers' warranties and must be serviced by their authorized service centers.

SOFTWARE WARRANTY

Sunset Promotions, Inc. warrants the physical diskette to be free of defects in materials and workmanship for 30 days from the date of purchase. If we receive notification within the warranty period of defects in material or workmanship, Sunset Promotions, Inc. will replace the defective diskette. If you need to return a product, call Sunset Promotions, Inc. Customer Service Department to get a return authorization number. There is no warranty on scripting code produced by Sunset Promotions, Inc. The remedy for breach of this warranty shall be limited to replacement and shall not encompass any other damages, including but not limited to loss of profit, and special, incidental, consequential, or other similar claims..

DISCLAIMER STATEMENT

Sunset Promotions, Inc. specifically disclaims all other warranties, expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose about defects in the diskette and documentation, and the program license granted herein in particular, and without limiting operation of the program license with about any particular application, use, or purpose. In no event shall Sunset Promotions, Inc. be liable for any loss of profit or any other commercial damage, including but not limited to special, incidental, consequential or other damages.

SUNSET PROMOTIONS, INC. SOFTWARE and INTERNET LICENSE & COPYRIGHTS

Scripting Code and Web Page Code written and produced by Sunset Promotions, Inc. is protected by both United States Copyright law and International Treaty provisions. Sunset Promotions, Inc. retains ownership of all copyrights to the Scripting Code and Web Page Code written by it. A license for its use is granted by Sunset Promotions, Inc. to the end user subject to the terms which follow:

PERMITTED USES & NON-PERMITTED USES violators will be prosecuted under Federal Felony Statutes

You may make unlimited copies for archival purposes only.

You may use the scripting code for software on a single computer or in a single network (under one roof) environment, but not both.

You may not copy or reproduce, for any reason, Scripting Code for Internet Web Pages.

You may not provide copies to friends, relatives, business associates, or anyone else as a gift, for money, for charity, or for any other purpose without the express written permission of the seller.

You may not violate the integrity of the scripting code without express permission in writing.

You may not reverse engineer any design or system.

You may not use on two or more single computers.

OTHER COMMERCIAL SOFTWARE LICENSES

Software sold by Sunset Promotions, Inc. which is written by other commercial software publishers is protected by the publisher's software license accompanying the software and by both United States copyright law and international treaty provisions. Therefore, the buyer, you, must abide by the terms of their license.

PAYMENTS & RETURNED CHECKS

We do not credit cards. No personal checks are allowed. Checks should be made payable to SUNSET. Checks returned because of insufficient funds will be charged a $50 service fee, turned over to the Michigan State Police  for processing under the Michigan Felony/Fraud Statues, and you will be required to wire transfer the amount within three days or be placed for collection. Customers with one or more checks returned will be placed on C.O.D. terms with a cash advance required.

TERMS & FINANCE CHARGES

Trade accounts are available with credit limits and terms. Ratings are determined by SUNSET's Corporate Credit Department. You must provide bank and five trade references. COMPANIES IN VIOLATION OF THE TERMS AGREED UPON WILL BE PLACED FOR COLLECTION. Finance charges are 1.5% per month on the unpaid balance at the end of the month for the entire month if not received at our Post Office box by the last working day of the month. The minimum charge is $25.00 per invoice.

GOVERNING LAW

The foregoing statements shall be construed, interpreted, and governed by the laws of the State of Michigan and the Uniform Commercial Code and the United States Copyright Act, et al Section 117, and International Copyright Treaties. The Software License Agreement is to be read in the context of the Copyright Act--the License does not abrogate or replace the general application of the Copyright Act in any degree.

A violation of Copyright legislation is a felony and is punishable for all parties using such software should expect to be hit with severe fines and long prison terms. Do not ask your employees to commit any kind of felony. And, please do not ask any of our employees to participate in working on, aiding you, or installing software for which you do not have licensing rights of use.

Internet Legal Page/Disclaimer
(Informal Version)

We've read, written, and negotiated many contracts over the last quarter century (that's over 25 years for those who don't like math) and we know how frustrating it is trying to figure out all the what and wherefores. This stuff with the Internet is really wild and the laws are still trying to catch up. There are a lot of International Governments trying to regulate what we can and can not say even though we are not citizens of their countries.  These Governments would also like to come after us if one of their citizens is exposed to something that the Government itself does not permit.  Such as freedom of speech in China. Nevertheless, business is business and certain observations must be made by us in making sure we stay in business.

We'll try to take the legalese out of what the lawyers approved and translate it in simple third grade English so everyone knows the rules by which we play. So be a smart surfer and read the stuff on this page. It might just keep you from hearing from our lawyer, or worse yet, from really nasty people, like prosecutors or even your Government.

Here's the deal: The Sunset Promotions, Inc. site, which includes any site upon which the Sunset name is stated, is so that you and others can use it for personal entertainment, information, education, and communication. So go ahead and select any menu item you want and surf all the sites. You can even download stuff from the sites but only for non-commercial, personal use unless we say it is for commercial use. If you do, though, don't fool around with the copyright and other notices all over the stuff. They're there for a really good reason. And don't even think about distributing, modifying, transmitting, reusing, re-posting, or anything else with any of the stuff, including text, images, audio, and video, for public or commercial purposes unless we give you written permission. Carte' blanche approval is provided for personal scholarship or by online indexing services. If you visit our site, you are also legally stuck with the terms and conditions listed above and below as well as any other law or regulation that applies to the site, the Internet, and the World Wide Web, or Michigan. You shouldn't access or browse the site if you have any problem with that, because once you start, there's no turning back, you are stuck with the terms and conditions.  If any of our sites talk about freedom of expression and your Government does not allow you that opportunity, then you are taking all the risk.  We can not and will not be held responsible for any actions which you take on your own volition, whether you have the legal right or do not have the legal right.

For everyone's sake, just assume that everything on the site is copyrighted (EVERYTHING). So you can't use the stuff except how we say you can on this page or anywhere else on the site without our written permission.

Speaking of asking permission to use... certain conditions may exist and these will be provided at the time a request is received. Such as a monetary payment for use or even a royalty (that's a payment every time you use it forever).

While we try to include accurate stuff on the site, we're not promising you it's accurate. In fact, we're not promising you anything except fun and entertainment. So if you use stuff on the site, you're using it at your own risk. Don't call us if there's a problem because we assume no liability or responsibility for errors or omissions on the site.

We and anybody else who helped us create, produce, or deliver the site are not liable for any damages you suffer when you use it. In particular, the lawyers want you to know that our disclaimer includes " direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the site. Without limiting the foregoing, everything on the site is provided to you 'AS IS' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 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." And we don't provide warranties on anything we sell for someone else. The "someone else" may be a hardware or software manufacturer or publisher or service organization and if you have a problem, you must take it up with them... leave us out of it as we have no control over their screw ups. Although, we reserve the right to substitute an item which we think is better than what you ordered, if you ordered anything at all. Sometimes we fine unscrupulous software publishers and hardware manufacturers to would prefer screwing you rather than allowing you to have a product that works. In which case, we will refuse to sell that product but because the manufacturer or publisher might sue us for liable, we won't tell you why we won't sell it... we will just not honor your order and will suggest a better product... one that will help to make us look good and you a lot happier.

The bottom line, of course, is that we're not responsible if you're browsing around and the site damages you or your computer or infects it with any nasty viruses. We sure hope that doesn't happen, but if it does, don't call us.

If you don't want the world to know something, don't post it on the site in any bulletin board or anyplace else. That's because anything you disclose to us is ours. That's right, ours. So we can do anything we want with the stuff you post, including email received. We can reproduce it, disclose it, transmit it, publish it, broadcast it, and post it someplace else. Not only that, we can even use any ideas, concepts, know-how, or techniques you post any way we want to, including developing, manufacturing, and marketing products, or other stuff using the information you post.

Pictures of people or places shown on the site are either our property or someone else's property we're using with their permission. No matter what, it's definitely not your property. You or any of your surfer friends can't use it unless we said you can on this page or somewhere else on the site. So be careful, because unauthorized use may violate all sorts of nasty laws. Be smart; keep the stuff you download to yourself unless we say otherwise IN WRITING.

There's also a lot of trademarks, logos, and service marks on the site, including ones like IBM, Gateway, OLYMPUS CAMERA, Kodak, Microtek ScanMaker, Visioneer Paper Port Strobe, and others that we're using with permission. So don't think you have any kind of license or right to use them, because you don't and we're not about to give you one. If you don't leave them alone and mess with the trademarks, logos, and service marks on our site, we'll probably go nuts and so will the owners of those marks and logos. That means that we're likely to sue you or to ask a prosecutor to come after you for messing around with our property or the property of others.

Notice we've linked our site to a lot of others. We did this for your benefit so that you can visit our vendors and suppliers as well as sites that we like. We haven't totally checked those sites out nor do we have a schedule for periodically making sure there isn't any bad stuff on them. So don't blame us if some site you link to is bad or has stuff on it that offends you. Go ahead and link, but remember, you're doing it at your own risk.

That brings us to what you do on our own site. We check our site often to insure that our links and bookmarks work within the site. We do everything we can (boy our lawyers dislike that phrase) to maintain an integrity. However, we expect you to report to us anything you find not meeting with your approval rather than whine to your friends about how screwed up our site is to you. Be a responsible surfer and send us e-mail when you find a broken link (we do change our links frequently as our site is dynamic in nature) or even a misspelling (yes, we use a spell checker but some words escape the checker because the spelling is correct but the use of it is not... such as rain or rein). As far as the content of any linked site, we take no responsibility and assume no liability for the content of those locations or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity you might encounter when you visit such places. And don't be stupid by posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, nasty, mean, or profane material or any material that law enforcement types may consider a criminal offense, get someone in court on a civil lawsuit, or for that matter violate any law anywhere, anytime. While we certainly respect your privacy, we have no choice but to fully cooperate with any law enforcement authorities or court that asks us who might have posted nasty stuff on our site.

We're allowed to change this page or anything else on the site any time we want to. That's because it's ours and we have the programmers who can do it. If we do change the page, then you're stuck with those changes, too, whenever you visit our site.

If this all sounds kind of mean and undiplomatic, you should have seen what the lawyers gave to us in the first place. We had to remind them that human torture and sacrifice was outlawed in the United States and that most people, including ourselves, have difficulty understanding all that legal mumbo jumbo.

COPYRIGHTS

SITE SPECIFIC

You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of SUNSET. SUNSET neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with SUNSET.

While SUNSET uses reasonable efforts to include accurate and up-to-date information on the Site, SUNSET makes no warranties or representations as to its accuracy. SUNSET assumes no liability or responsibility for any errors or omissions in the content on the Site.

BROWSING

Your use and browsing of the Site is at your risk. Neither SUNSET nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site.

AS IS ETC

Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 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. SUNSET also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

COMMUNICATIONS

Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by SUNSET or its sub-contractors for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, SUNSET is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.

IMAGES ETC

Images of people or places displayed on the Site are either the property of, or used with permission by, SUNSET. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

MARKS & LOGOS

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered trademarks and unregistered Trademarks of others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the permission of SUNSET or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that SUNSET will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

LINK CONTENT ETC

SUNSET has not reviewed all of the sites linked to the Site and is not responsible for the contents of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.

MONITOR OF POSTINGS

Although SUNSET may from time to time monitor or review postings, transmissions, and the like on the Site, SUNSET is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. SUNSET will fully cooperate with any law enforcement authorities or court order requesting or directing SUNSET to disclose the identity of anyone posting any such information or materials.

SUNSET may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.