Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS WEBSITE. All users of this site agree that access to and use
of this site are subject to the following terms and conditions and other
applicable law. If you do not agree to these terms and conditions,
please do not use this site.
Copyright
The
entire content included in this site, including but not limited to
text, graphics or code is copyrighted as a collective work under the
United States and other copyright laws, and is the property of Tan Organic LLC/ DBA Tan Organics. The collective work includes works
that are licensed to Tan Organic LLC/ DBA Tan Organics.
Copyright 2011, Tan Organic LLC/ DBA Tan Organics ALL RIGHTS
RESERVED. Permission is granted to electronically copy and print hard
copy portions of this site for the sole purpose of placing an order with Tan Organic LLC/ DBA Tan Organics or purchasing Tan Organic LLC/ DBA Tan Organics. You may display and, subject
to any expressly stated restrictions or limitations relating to specific
material, download or print portions of the material from the different
areas of the site solely for your own non-commercial use, or to place
an order with Tan Organic LLC/ DBA Tan Organics or to purchase Tan Organic LLC/ DBA Tan Organics products. Any other use,
including but not limited to the reproduction, distribution, display or
transmission of the content of this site is strictly prohibited, unless
authorized by Tan Organic LLC/ DBA Tan Organics. You further
agree not to change or delete any proprietary notices from materials
downloaded from the site.
Trademarks
All
trademarks, service marks and trade names of Tan Organic LLC/ DBA Tan Organics used in the site are trademarks or registered
trademarks of Tan Organic LLC/ DBA Tan Organics.
Warranty Disclaimer
This
site and the materials and products on this site are provided "as is"
and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, Tan Organic LLC/ DBA Tan Organics disclaims all warranties, express or implied,
including, but not limited to, implied warranties of merchantability
and fitness for a particular purpose and non-infringement. Tan Organic LLC/ DBA Tan Organics does not represent or warrant that the
functions contained in the site will be uninterrupted or error-free,
that the defects will be corrected, or that this site or the server that
makes the site available are free of viruses or other harmful
components. Tan Organic LLC/ DBA Tan Organics does not make
any warranties or representations regarding the use of the materials in
this site in terms of their correctness, accuracy, adequacy, usefulness,
timeliness, reliability or otherwise. Some states do not permit
limitations or exclusions on warranties, so the above limitations may
not apply to you.
Limitation of Liability
Tan Organic LLC/ DBA Tan Organics shall not be liable for any
special or consequential damages that result from the use of, or the
inability to use, the materials on this site or the performance of the
products, even if Tan Organic LLC/ DBA Tan Organics has been
advised of the possibility of such damages. Applicable law may not allow
the limitation of exclusion of liability or incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In
the event that a Tan Organic LLC/ DBA Tan Organics product is
mistakenly listed at an incorrect price, Tan Organic LLC/ DBA Tan Organics reserves the right to refuse or cancel any orders placed
for product listed at the incorrect price. Tan Organic LLC/ DBA Tan Organics reserves the right to refuse or cancel any such orders
whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase
and your order is cancelled, Tan Organic LLC/ DBA Tan Organics shall issue a credit to your credit card account in the amount of the
incorrect price.
Term; Termination
These
terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Tan Organic LLC/ DBA Tan Organics without notice at any time, for any reason.
The provisions relating to Copyrights, Trademark, Disclaimer, Limitation
of Liability, Indemnification and Miscellaneous, shall survive any
termination.
Notice
Tan Organic LLC/ DBA Tan Organics may deliver notice to you by means of e-mail,
a general notice on the site, or by other reliable method to the
address you have provided to Tan Organic LLC/ DBA Tan Organics.
Miscellaneous
Your use of this site
shall be governed in all respects by the laws of the state of Illinois, U.S.A., without regard to choice of law provisions, and not
by the 1980 U.N. Convention on contracts for the international sale of
goods. You agree that jurisdiction over and venue in any legal
proceeding directly or indirectly arising out of or relating to this
site (including but not limited to the purchase of Tan Organic LLC/ DBA Tan Organics products) shall be in the state or federal
courts located in Cook County, Illinois. Any cause of action or
claim you may have with respect to the site (including but not limited
to the purchase of Tan Organic LLC/ DBA Tan Organics products)
must be commenced within one (1) year after the claim or cause of
action arises. Tan Organic LLC/ DBA Tan Organics's failure to
insist upon or enforce strict performance of any provision of these
terms and conditions shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor trade
practice shall act to modify any of these terms and conditions. Tan Organic LLC/ DBA Tan Organics may assign its rights and duties
under this Agreement to any party at any time without notice to you.
Use of Site
Harassment
in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation
of others, including a Tan Organic LLC/ DBA Tan Organics or
other licensed employee, host, or representative, as well as other
members or visitors on the site is prohibited. You may not upload to,
distribute, or otherwise publish through the site any content which is
libelous, defamatory, obscene, threatening, invasive of privacy or
publicity rights, abusive, illegal, or otherwise objectionable which may
constitute or encourage a criminal offense, violate the rights of any
party or which may otherwise give rise to liability or violate any law.
You may not upload commercial content on the site or use the site to
solicit others to join or become members of any other commercial online
service or other organization.
Participation Disclaimer
Tan Organic LLC/ DBA Tan Organics does not and cannot review all
communications and materials posted to or created by users accessing the
site, and is not in any manner responsible for the content of these
communications and materials. You acknowledge that by providing you with
the ability to view and distribute user-generated content on the site,
Tan Organic LLC/ DBA Tan Organics is merely acting as a
passive conduit for such distribution and is not undertaking any
obligation or liability relating to any contents or activities on the
site. However, Tan Organic LLC/ DBA Tan Organics reserves the
right to block or remove communications or materials that it determines
to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or
misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to Tan Organic LLC/ DBA Tan Organics in its sole
discretion.
Indemnification
You agree to
indemnify, defend, and hold harmless Tan Organic LLC/ DBA Tan Organics, its officers, directors, employees, agents, licensors and
suppliers (collectively the "Service Providers") from and against all
losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of these terms and conditions or any
activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site using your
Internet account.
Third-Party Links
In an
attempt to provide increased value to our visitors, Tan Organic LLC/ DBA Tan Organics may link to sites operated by third parties.
However, even if the third party is affiliated with Tan Organic LLC/ DBA Tan Organics, Tan Organic LLC/ DBA Tan Organics
has no control over these linked sites, all of which have separate
privacy and data collection practices, independent of Tan Organic LLC/ DBA Tan Organics. These linked sites are only for your
convenience and therefore you access them at your own risk. Nonetheless,
Tan Organic LLC/ DBA Tan Organics seeks to protect the
integrity of its web site and the links placed upon it and therefore
requests any feedback on not only its own site, but for sites it links
to as well (including if a specific link does not work).