Conditions of Use

Updated 2024

Terms and Conditions of Use

This website, including any subsite accessible through the homepage (the "Site"), is published and maintained by subsidiaries, affiliates, and/or related entities of Tanning Buyers Group ("TBG"). Please note that when you enter any subsite accessible through this homepage or the shopping page, such subsite may have its own terms and conditions of use which are specific to such subsite. When you access, browse, or use this Site you accept, without limitation or qualification, the terms and conditions set forth below and any additional terms and conditions of use set forth in any subsite.

Your Right to Use the Site and Its Contents

This Site is only for your personal use. You may not distribute, exchange, modify, sell, or transmit anything you copy from this Site, including but not limited to any text, images, audio, and video, for any business, commercial, or public purpose. As long as you comply with the terms of these Terms and Conditions of Use, TBG grants you a non-exclusive, non-transferable, limited right to enter, display, and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.

Registration / Accounts

You may create an account by providing us with your name and e-mail address (an "Account"). Users who have created an Account ("Registered Users") are able access their accounts through the "Your Account" part of the Website and manage their email address and shipping addresses and view their existing or past orders. You do not need to create an account to receive Content or other marketing information via a Subscription or to submit an order to purchase products that may be listed on the Website. Please refer to our Terms and Conditions for more details about ordering products through the Website and our Privacy Policy for more details about submitting your personal information to us. This agreement is between Tanning Buyers Group (TBG) & Registered Users Now therefore in consideration of the covenants herein, TBG and Registered Users hereby agree as follows;

By creating an account, you agree: (a) that you are able to and have the appropriate authority and authorization to create a binding agreement with Tanning Buyers Group; (b) provide true, accurate, current and complete information about yourself when we request it; (c) maintain and promptly update this information to keep it true, accurate, current and complete to the extent the Service permit such updates; and (d) use limited-access portions of the Services only using access credentials that we have issued to you. If you have previously had your access to or use of the Website terminated by us, you may not access or use the Website under any circumstances. You should never share your Account information with third parties or allow third parties to use your Account. Please keep your password confidential and be sure to exit from your Account at the end of each session. You are responsible for all of the activity on your Account, including the use of your Account by other people who you may or may not authorize to use your Account. If you allow others to access your Account in violation of these Terms of Use, you agree to be responsible for ensuring that they comply with these Terms of Use. You must notify us immediately of any breach of security or unauthorized use of your Account by sending an e-mail to info@TanningBuyersGroup.com with "Unauthorized Use" in the subject line. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your account. Tanning Buyers Group will not be liable for any losses caused by any unauthorized use of your account.

Additionally,

• 1) Registered Users will have the option to terminate this agreement at any time.
• 2) Registered Users is not required to order exclusively through TBG
• 3) Registered Users may order as many or as few goods and/or services, through TBG, as Registered Users choose.
• 4) Registered Users certifies that he/she is the owner of a United States based business that offers Indoor Tanning and/or other tanning services to its customers. And that all shipping locations are related to business conducted at Registered Users business address used for initial approval.
• 5) Registered Users status is based on Registered Users agreement not to sell items purchased through TBG via any internet resale site or other non business related bulk distribution methodology. If a breech occurs your account will be suspended until such time as a resolution of said breech is provided to the satisfaction of TBG and / or it's vendor partners.
• 6) Registered Users will place applicable orders through TBGs secure website or via phone using access issued by TBG.
• 7) TBG does not endorse or recommend any Manufacturer, Distributor or Service (herein Supplier (s)). These Suppliers are independently owned and operated businesses and are not affiliated in any way with TBG.
• 8 ) All orders are subject to approval by the Supplier. Any claims for unsatisfactory, defective or damaged merchandise or service, shall be made against the Supplier of the merchandise or service and Registered Users agree to indemnify and hold TBG harmless from such claims.
• 9) Registered Users agree to indemnify TBG and hold TBG harmless against any and all liabilities, claims, suits, losses, costs, and legal fees caused by, arising out of, or resulting from any act or omission of the Registered Users, whether intentional or not, including, but not limited to, the Registered Users negligence, breach of contract, or violation of federal, state or local law
• 10) Registered Users understands that TBG is not aware of and has not reviewed the Registered Users other contractual obligations. TBG does not wish to encourage or facilitate any Registered Users breach of any contract with any third party. Registered Users warrants that it is not breaching any agreement with any third party by purchasing any product from TBG. Registered Users agrees to indemnify TBG and hold TBG harmless from any loss caused by breach of this warranty.
• 11) Registered Users acknowledges that TBG arranges for volume discounts or group purchase discounts with suppliers of Goods and Services throughout the United States and that ITBG retains a portion of the discount.
• 12) TBG reserves the right to change the Registered Users Terms and Conditions of Use of your account at anytime, for any reason without prior permission or notice. Any changes to these Registered Users Terms and Conditions of Use posted on this Site apply as soon as they are posted. By continuing to use your Registered Users after any changes are posted, you are indicating your acceptance of those changes. If you omit or falsify any information on the application or form, we may deny your request for an account.
• 13) Registered Users acknowledge and agree that the supplier list, pricing and other information made available from TBG to Registered Users is confidential information of TBG. Registered Users agree not to use the confidential information for any purpose other than to purchase products or services through TBG. Registered Users shall not disclose the confidential information to any third party, except to Registered Users staff, accountants and any other private party consultants. Upon termination of this agreement, Registered Users agree to immediately destroy all confidential information.
• 14) By requesting Registered Users access you understand and agree that we may release any information to our employees, agents or representatives performing work for TBG. Registered Users may, from time to time, be contacted via post, email or phone for various reasons.
By providing Tanning Buyers Group your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Website and special offers. If you do not want to receive such email messages, you may opt-out or change your preferences on the personal settings page associated with your account. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. When you sign up for or use our products and services, you may give us permission to access your information in other services. For example, you may link your Facebook account, which allows us to obtain information from those accounts (like your full name and email). The information we get from those services often depends on your settings or their privacy policies, so be sure to check what those are. Tanning Buyers Group reserves the right, in its sole discretion, to terminate your access to the Website or any portion thereof at any time, without notice. You may terminate your Account at any time by sending an e-mail to info@TanningBuyersGroup.com with "Cancel Account" in the subject line or you may unsubscribe to a Subscription by clicking the "Unsubscribe" link at the bottom of the email or sending an email to info@TanningBuyersGroup.com with "Unsubscribe" in the subject line. Please allow 48 hours for termination to take effect. Following termination, you will not receive any further communications from us unless and until you re-register by creating a new Account or request a new Subscription. Our rights under these Terms of Use will expressly survive termination of these Terms of Use, the cessation of your use of or access to the Website, termination of your Account and/or cancellation of your Subscription.

Ownership

All materials on this Site, including but not limited to audio, images, software, text, and video clips (the "Content"), are protected by copyright under U.S. copyright law, international conventions, and other copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content. There are a number of proprietary logos, service marks, and trademarks found on this Site. By making them available on this Site, TBG is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

You may download one (1) copy only of the Content to be used only by you for your personal use at home, unless the subsite you are accessing states that you may not. If you download any Content from this Site, you may not remove any copyright or trademark notices or other notices that go with it.

Rules for Chatrooms, Bulletin Boards, and Other User-Supplied Material

This website may have an area which allows you to "chat" or upload and download materials. When using any of these areas, you agree not to post, send, transmit, upload, or otherwise publish through this Site, any materials that

• (1) interfere with anyone else's use of the Site;
• (2) are abusive, illegal, indecent, obscene, offensive, or threatening in any way;
• (3) encourage anyone to break the law;
(4) violate anyone's copyright or other property right
• (5) interfere with the privacy of any other user
• (6) contain a virus or any other harmful component; or
• (7) contain false or misleading statements of fact or descriptions of the origin of the material or the communication. You agree to comply with any additional terms which are referred to on this Site or any subsite within the website.

Responsibility for User's Material

You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Although TBG may from time to time monitor or review bulletin boards, chatrooms, discussions, postings, transmissions, and the like on the Site, TBG is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any such communication. TBG may change, edit, or remove any user material or conversations that are illegal, indecent, obscene, or offensive, or that violate TBG's policies in any way. TBG will fully cooperate with any law enforcement authorities or court order requesting or directing TBG to disclose the identity of anyone posting such materials.

TBG's Rights to User's Material

If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way TBG uses such material.

Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or used by TBG anywhere in the world, in any medium, forever. Furthermore, TBG is free to use, without any compensation to you, any concepts, ideas, 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. However, you agree and understand that TBG is not obligated to use any such ideas or materials, and you have no rights to compel such use.

Transmitted Material

Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others, unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending a message to TBG does not cause TBG to have any special responsibility to you.

Links

This website may contain links to other Internet sites on the World Wide Web. TBG provides such links for your convenience only, and is not responsible for the content of any website linked to or from this Site. Links from this Site to any other website do not mean that TBG approves of, endorses, or recommends that website. TBG disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.

Contests

This Site may contain contests that offer prizes or that require you to send in material or information about yourself. Each contest has its own rules, which you must read and agree to before you may enter.

Rules for Kids (Under Age 16)

If you are under 16, you should ask your parents or a guardian before you: * E-mail the Site, or ask us to e-mail anything to you * Send in any information * Enter any contest or game that requires information about you or offers a prize * Join any club or group * Post any information on any bulletin board or enter any chatroom or * Buy anything online

Availability of Products and Services

The products and services displayed on the Site may not be available for purchase in your particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular location. You should check with your TBG authorized representative for the availability of specific products and services in your area.

TBG's Right to Change These Terms and Conditions of Use or Content on the Site

TBG may add to, change, or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. TBG may add, change, discontinue, remove, or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.

Indemnification

You agree to indemnify, defend, and hold TBG and all of its agents, directors, employees, information providers, licensors and licensees, officers, and parent (collectively, "Indemnified Parties"), harmless from and against any and all liability and costs (including, without limitation, attorneys fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties, and covenants. You will cooperate as fully as reasonably required in TBG's defense of any claim. TBG reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of TBG.

Disclaimer of Warranties and Damages; Limitation of Liability

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS" TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS SITE, TBG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE; (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO TBG'S NEGLIGENCE, SHALL TBG BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF TBG OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TBG'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.

General Provisions

These Terms and Conditions of Use and any additional terms posted on this Site together constitute the entire agreement between TBG and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of Pennsylvania, United States of America, without reference to its conflicts of law rules.

Notice To/Regarding Children Under the Age of 13

If you are under 13 years of age, you should not provide any personally identifiable information (for example, your last name, home address or e-mail address) on these sites without the knowledge and permission of your parent or guardian. If TBG learns that you are under 13 years of age, TBG will not maintain or use any personally identifiable information about you without the verifiable consent of your parent or guardian, except as allowed by law. This may mean that you will be unable to participate in some activities on the sites without that verifiable consent.

TBG believes that children using the Internet require special protection, and we urge parents or guardians to explain Internet safety to their children. Parents are urged to spend time online with their children to become familiar with the types of content available on the TBG websites and the Internet in general. Control tools are available from online services and software manufacturers to help create a safer environment for children.

Consent to Processing

By providing any personal information to TBG websites, all users, including without limitation users in the member states of the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States of America.