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TERMS OF USE AND DISCLAIMER
USER AGREEMENT
PLEASE READ THE FOLLOWING
TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEBSITE
("SITE"). LOOKINGTAN.COM PROVIDES ITS SERVICES TO YOU
("CUSTOMER") SUBJECT TO THE FOLLOWING USER AGREEMENT
("AGREEMENT"). BY USING THIS SITE, YOU AGREE TO THE TERMS OF THE
AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT,
YOU MAY NOT USE THIS SITE.
WHO WE ARE
All references to
LookingTan.com shall be deemed to refer to LookingTan!, a sole
proprietorship based in Mission Viejo, California. By accessing
any web pages of LookingTan.com or LookingTan.net Customer
agrees to be bound legally and to abide by the terms and
conditions set forth below:
CHANGES TO THESE TERMS OF USE
LookingTan.com reserves the right, at any time, to modify or
update the terms of this Agreement, upon notice to the Customer
in writing to the last address supplied by the Customer, by
email or posting on the site or by any other reasonable means of
communication. LookingTan.com also reserves the right, at any
time, to modify or update its Privacy & Security Statement by
using the same procedures. Customer confirms acceptance of the
modifications or updates by continuing to use the Site.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY – ALL
PRODUCTS
A Customer expressly agrees that use of
LookingTan.com is at Customer’s sole risk. Neither
LookingTan.com, nor its affiliates, proprietors, or employees,
agents, third-party product providers, merchants, sponsors,
licensors (collectively, “Providers”), or the like, warrant that
LookingTan.com will be uninterrupted or error-free; nor do they
make any warranty as to the results that may be obtained from
the use of LookingTan.com, or as to the accuracy, reliability,
or currency of any information content, service, or merchandise
provided through LookingTan.com.
THE LOOKINGTAN.COM WEB SITE IS PROVIDED
ON AN “AS IS” AND “AS AVAILABLE” BASIS. LOOKINGTAN! MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT,
MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, LOOKINGTAN.COM DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
LOOKINGTAN.COM WILL NOT BE LIABLE FOR
ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE,
INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL
PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL OR WRITTEN ADVICE OR
INFORMATION GIVEN BY LOOKINGTAN.COM OR ITS AFFILIATES,
PROPRIETORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL
CREATE A WARRANTY; NOR SHALL CUSTOMER RELY ON ANY SUCH
INFORMATION OR ADVICE.
DISCLAIMER - BEAUTY PRODUCTS
LookingTan.com sells products from the finest cosmetic producers
in the world. The use and selection of cosmetics products and
other beauty products ("Beauty Products") requires care to be
certain that any directions and warnings from the manufacturer
are observed and followed and that Customer is aware of the
possibility that some people may have allergic or other
reactions to such products.
LookingTan.com will endeavor to provide to Customers all
required product labeling information; however, LookingTan.com
is not the manufacturer of the Products, therefore it is not
responsible for any reaction or any failure of a product to
satisfy any special use requirements or otherwise meet the needs
or expectations of the Customer. Customers are advised to read
and strictly follow the label, all packaging inserts and
instructions and all manufacturer directions and warnings.
In providing
information or advice on this Site with respect to Beauty
Products, whether in chat rooms, in product descriptions, or
otherwise, LookingTan.com may rely upon advice from the
manufacturers and from licensed beauticians, but Customers
seeking advice from this Site shall be responsible for fully
informing LookingTan.com of any known allergies, special health
or skin conditions, or other special circumstances that might be
relevant to the beauty counselor providing such advice. Since
LookingTan.com is not the manufacturer of the products it sells,
LookingTan.com does not accept any liability for the failure of
products it sells to meet any specific needs of a user of the
product or for any loss, damage or injury caused by such
products. LookingTan.com will, upon request, endeavor to
identify the manufacturer of the product and provide to the
Customer contact information for the manufacturer.
Under no circumstances shall LookingTan!
or any other party involved in creating, producing, or
distributing LookingTan.com be liable for any direct, indirect,
incidental, special, or consequential damages that result from
the use of or inability to use LookingTan.com, including but not
limited to reliance by a Customer on any information obtained
from LookingTan.com or that result from mistakes, omissions,
interruptions, deletion of files or email, errors, defects,
viruses, delays in operation or transmission, or any failure of
performance, whether or not resulting from acts of God,
communications failure, theft, destruction, or unauthorized
access to LookingTan.com’s records, programs, or services.
Customer hereby acknowledges that this paragraph shall apply to
all content, merchandise, and services available through
LookingTan.com.
Certain state laws do not allow
limitations on implied warranties or the exclusion or limitation
of certain damages. If these laws apply to you, some or all of
the above disclaimers, exclusions, or limitations may not apply
to you, and you might have additional rights. In such states
liability is limited to the fullest extent permitted by law.
GOVERNING LAW/CALIFORNIA JURISDICTION/JURY TRIAL WAIVER
This site is created and controlled by LookingTan.Com in the
State of California. As such, the laws of the State of
California will govern these disclaimers, terms and conditions,
without giving effect to any principles of conflicts of laws.
Customer hereby irrevocably and unconditionally consents to
submit to the exclusive jurisdiction and venue of the state
courts of Orange County, California, and of the United States of
America for any litigation arising out of or relating to use of
or purchase made through LookingTan.com (and agrees not to
commence any litigation relating thereto except in such courts),
waives any objection to the venue of any such litigation in the
Orange County, California Courts and agrees not to plead or
claim in any Orange County, California Court that such
litigation brought therein has been brought in an inconvenient
forum.
THIS
AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE
WITH THE LAWS OF THE STATE OF CALIFORNIA, U.S.A. CUSTOMER, BY
ACCEPTING THIS AGREEMENT, CONSENTS AND AGREES TO EXCLUSIVE
JURISDICTION IN THE STATE OF CALIFORNIA, U.S.A., PROVIDED THAT A
PARTY MAY SEEK ENFORCEMENT OF A JUDGMENT OF SUCH COURTS IN ANY
COURT OF COMPETENT JURISDICTION. BOTH LOOKINGTAN.COM AND
CUSTOMER WAIVE ANY RIGHT THEY MIGHT OTHERWISE HAVE TO A TRIAL BY
JURY IN ANY DISPUTE BETWEEN THE PARTIES.
A printed version of this agreement and
of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to
this agreement to the same extent and subject to the same
conditions as other business documents and records originally
generated and maintained in printed form.
RISK OF LOSS
All items purchased through this Web Site are made pursuant to a
shipment contract. This means that the risk of loss and title
for such items pass to the Customer upon our delivery to the
carrier.
PRIVACY POLICY
LookingTan.Com protects
the privacy of its Clients and will only disclose information
regarding a Client or a Client’s use of the services or web
sites accessible through LookingTan.com’s services if
LookingTan.Com determines it is reasonable and necessary to do
so, such as to satisfy laws, regulations, or governmental or
legal requests for such information; to disclose information
that is necessary to identify, contact, or bring legal action
against a party who may be violating LookingTan.com policies; to
operate the services properly; or to protect LookingTan.com, its
affiliates and Clients.
DISPUTE
RESOLUTION
The
parties shall first attempt in good faith to resolve any dispute
through open negotiation. Any dispute which remains unresolved
for 30 days shall be settled by binding arbitration in Orange
County, California, in accordance with the then current rules of
the American Arbitration Association, before one (1) independent
and impartial arbitrator, mutually designated by both parties or
selected by the American Arbitration Association if the parties
cannot agree on an arbitrator. The prevailing party shall be
entitled to recover reasonable attorney fees and costs.
COPYRIGHT
All content included on this site, such as text, graphics,
logos, button icons, images, audio clips, digital downloads,
data compilations, and software, is the property of
LookingTan.com or its content suppliers and protected by United
States and international copyright laws. The compilation of all
content on this site is the exclusive property of LookingTan.com
and protected by U.S. and international copyright laws. All
software used on this site is the property of LookingTan.com or
its software suppliers and protected by United States and
international copyright laws.
SEVERABILITY
The
provisions of these Terms and Conditions of Use are intended to
be severable. If for any reason any provision of these Terms and
Conditions of Use shall be held invalid or unenforceable in
whole or in part in any jurisdiction, such provision shall, as
to such jurisdiction, be ineffective to the extent of such
invalidity or unenforceability without in any manner affecting
the validity or enforceability thereof in any other jurisdiction
or the remaining provisions hereof in any jurisdiction. Customer
acknowledges that The Terms and Conditions of Use, including all
documents referenced herein, represents the entire understanding
between you and LookingTan.com regarding your relationship with
LookingTan.com and supercedes any prior statements or
representations. |
