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Terms of Use

Agreement Between User and www.tanceuticals.com
Welcome to www.tanceuticals.com. The www.tanceuticals.com website (the "Site") is comprised of various web pages operated by Tanceuticals, LLC ("Tanceuticals"). www.tanceuticals.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.tanceuticals.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.tanceuticals.com is a e-commerce site that offers self tanning products and accessories for sale.

Privacy
Your use of www.tanceuticals.com is subject to Tanceuticals's Main Privacy Policy and Messaging Privacy Policy. Please review our Main Privacy Policy as well as our Messaging Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications
Visiting www.tanceuticals.com, sending emails or text messages to Tanceuticals constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Tanceuticals is not responsible for third party access to your account that results from theft or misappropriation of your account. Tanceuticals and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Tanceuticals does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.tanceuticals.com only with permission of a parent or guardian.

Cancellation/Refund Policy
If you're not completely satisfied with your purchase, you may return any item within 30 days of purchase for a full refund (minus shipping costs). We'll pay the return shipping costs only if the return is a result of our error (you received an incorrect or defective item, etc.). Please contact us at info@tanceuticals.com with any questions.

Links to Third Party Sites/Third Party Services
www.tanceuticals.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Tanceuticals and Tanceuticals is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Tanceuticals is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Tanceuticals of the site or any association with its operators.

Certain services made available via www.tanceuticals.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.tanceuticals.com domain, you hereby acknowledge and consent that Tanceuticals may share such information and data with any third party with whom Tanceuticals has a contractual relationship to provide the requested product, service or functionality on behalf of www.tanceuticals.com users and customers.

No Health Advice
The information provided on this site should not be construed as personal medical advice or instruction. No action should be taken based solely on the contents of this site. Readers should consult appropriate health professionals on any matter relating to their health. The information and opinions provided here are believed to be accurate and sound, based on the best judgment available to the authors, but readers who fail to consult appropriate health authorities assume the risk of any injuries. Tanceuticals is not responsible for any errors or omissions.

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.tanceuticals.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Tanceuticals that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Tanceuticals or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Tanceuticals content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Tanceuticals and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Tanceuticals or our licensors except as expressly authorized by these Terms.

Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Tanceuticals has no obligation to monitor the Communication Services. However, Tanceuticals reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Tanceuticals reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Tanceuticals reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Tanceuticals's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Tanceuticals does not control or endorse the content, messages or information found in any Communication Service and, therefore, Tanceuticals specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Tanceuticals spokespersons, and their views do not necessarily reflect those of Tanceuticals.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

User Content
When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials on this Site or on any of our third party social media platforms such as Facebook, Instagram or other social media pages where we promote our products and services, in any manner (“User Content”), you are entirely responsible for such User Content. You hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing products.

You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, fraudulent, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

We are in no way responsible for examining or evaluating User Content, nor do we assume any responsibility or liability for the User Content. We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.

No compensation will be paid with respect to the use of your User Content, as provided herein. Tanceuticals is under no obligation to post or use any User Content you may provide and may remove any User Content at any time in Tanceuticals' sole discretion.

You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms, we have the right to remove any User Content that violates these Terms or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms or infringe the rights of others.

Deletion of User Content
If you wish to delete certain of your public User Content on the Site, please contact us by email at info@tanceuticals.com and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our website, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.

Copyright Infringement Notices
We are committed to complying with U.S. copyright and related laws, and requires all users of this website to comply with these laws. Accordingly, you may not use this website to store any material or content, or disseminate any material or content, in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law.

If you are the owner of any copyrighted work and believe your rights under U.S. copyright law have been infringed by any material on this website, you may take advantage of certain provisions of the Digital Millennium Copyright Act (the "DMCA") by sending our authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon our receipt of a satisfactory notice of claimed infringement, we will respond expeditiously either directly or indirectly: (i) to remove the allegedly infringing work(s) accessible through this website; or (ii) to disable access to the work(s). It is our policy in accordance with the DMCA and other applicable laws to reserve the right to terminate access to this website for any user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who we, in our sole discretion, believe is infringing these rights. We may terminate access to this website at any time with or without notice for any affected customer or user. If the affected user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send a counter notification to us. Upon our receipt of a counter notification that satisfies the requirements of DMCA, we will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter notification. In all events, you expressly agree that we will not be a party to any disputes or lawsuits regarding alleged copyright infringement.

Copyright owners may send us a notification of claimed infringement to report alleged infringements of their works to info@tanceuticals.com or via U.S. Mail:

Tanceuticals, LLC
Attn: Designated DMCA Agent
6501 E Greenway Pkwy #103-328
Scottsdale, AZ  85254

Any notification of claimed infringement must be in a form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to us, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.

If a notification of claimed infringement has been filed against you, you can file a counter notification with our designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.

Contests, Promotions, Simulations, or Games
From time to time, Tanceuticals may offer as part of the Services, either on or through the Web Site, contests, promotions, simulations or games (collectively, “Games”). To participate in Games, players may be required to complete a registration form. Upon submission, all registrations become the exclusive property of Tanceuticals. Registered users (each, a “Registered User”) are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Game, unless the description of the Game expressly invites a user to register multiple times. Tanceuticals, at its sole discretion, may suspend or revoke the registration of any Registered User.

Registered Users agree to release Tanceuticals and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of Game located on, or accessed through, the Web Site. Tanceuticals is not responsible for technical, hardware, or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions, which may limit any Registered User’s ability to participate in any Game.

Each Registered User agrees to be bound by the rules of any Game and by the rules of fair play and consideration of fellow Registered User. A Registered User who violates any of the rules or guidelines for behavior published on the Web Site, or the site where the Game is conducted, are subject to immediate disqualification and revocation of their registration. Tanceuticals is under no obligation to award any prize to any Registered User who violates a published rule or guideline.

Some Games may offer prizes to Registered Users. All prizes are subject to the official game or contest rules published with that Game. Tanceuticals reserves the right to cancel, terminate, or alter any Game or the rules thereof at any time without prior notification.

Third Party Accounts
You will be able to connect your Tanceuticals account to third party accounts. By connecting your Tanceuticals account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users
The Service is controlled, operated and administered by Tanceuticals from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Tanceuticals Content accessed through www.tanceuticals.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless Tanceuticals, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Tanceuticals reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Tanceuticals in asserting any available defenses.

Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TANCEUTICALS, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

TANCEUTICALS, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TANCEUTICALS, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TANCEUTICALS, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TANCEUTICALS, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction
Tanceuticals reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Arizona and you hereby consent to the exclusive jurisdiction and venue of courts in Arizona in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tanceuticals as a result of this agreement or use of the Site. Tanceuticals' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Tanceuticals' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Tanceuticals with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Tanceuticals with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Tanceuticals with respect to the Site. 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 an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Mobile Marketing Terms and Conditions
With your express written consent, Tanceuticals, LLC (or “we,” “us,” or “our”) may send you one-time or recurring automated or pre-recorded short message service (“SMS”) or Multimedia Messaging Service (“MMS”) marketing messages, including reminders to complete the online checkout process (collectively, “marketing messages”), using the telephone number you designate. When you consent to receive marketing messages from us, you also accept and agree to these Mobile Marketing Terms and Conditions and our Mobile Marketing Privacy Policy (“Mobile Marketing Agreement”), including, without limitation, the “Dispute Resolution” section below, which requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. The foregoing shall not be interpreted to suggest or imply that any or all of our marketing messages to you are prerecorded or sent using an automatic telephone dialing system (“ATDS” or “autodialer”). This Mobile Marketing Terms and Conditions is not intended to modify any other Terms and Conditions that may govern the relationship between you and us in other contexts, except that if this agreement and those agreements conflict, this agreement will control.

Providing Consent: You must provide express written consent to subscribe to marketing messages from us. We may request and you may provide this consent via email, website or application webform, text message, telephone keypress, voice recording, or any other method permitted by the E-SIGN Act, 15 U.S.C. § 7006. Your consent is not required to make any purchase from us. Your consent corresponds to the phone number you designate. By providing us your phone number and consenting to receive our marketing messages, you confirm that you are the owner of the phone number, control access to that number, and will notify us of any change to your phone number. In the event you change your phone number with us, you agree that we may continue to send you marketing messages at your new phone number unless you revoke your consent.

Revoking Consent: If you wish to unsubscribe from receiving our marketing messages or no longer agree to this Mobile Marketing Agreement, you must revoke your consent and opt out of receiving marketing messages by replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any marketing message from us. You will receive an additional message from us confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting that one of our employees remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify for Abandoned Phone Number: If at any time you intend to stop using the telephone number that you designated to receive our marketing messages, including by canceling your service plan or selling or transferring the phone number to another party, you agree that you will unsubscribe and revoke your consent in accordance with the process set forth above prior to ending your use of the telephone number. You understand and agree that your agreement to do so is a material part of this Mobile Marketing Agreement. If you discontinue the use of your telephone number without notifying us of such change, you agree to defend, release, indemnify, and hold harmless us and our officers, directors, employees, and representatives from and against any and all losses, claims, liabilities, injuries, costs, damages, and expenses (including taxes, fees, fines, penalties, interest, expenses, and attorneys’ fees) arising out of or relating to, directly or indirectly, your failure to notify us of such change, including those resulting from a breach of the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq., or similar state and federal laws, and any regulations promulgated thereunder. This duty and agreement shall survive any cancellation or termination of this Mobile Marketing Agreement.

Description of Content: Users that consent to receive marketing messages from us can expect to receive messages concerning the marketing and sale of our digital and physical products, services, and events.

Frequency: We may send you recurring marketing messages on a periodic basis. We typically will send up to 6 messages per month and additional messages based on your interaction with us.

Cost: Message and data rates may apply to the messages we send you or that you send to us or when you click on weblinks in our messages.

Support Instructions: If you need assistance or have questions regarding our marketing messages, text “HELP” to the number from which you received our marketing messages or email us at [support email]. Please note that the use of this email address is not an acceptable method of revoking your consent. You must revoke your consent in accordance with the procedures set forth above.

Disclaimer of Warranty and Limitation of Liability: We make no representations or warranties, express or implied, including without limitation, any implied warranty of merchantability or fitness for a particular purpose, suitability, or performance to you in connection with, arising out of, or relating to your subscription to our marketing messages. We do not guarantee delivery of SMS and MMS messages. Message delivery is subject to effective transmission from your wireless service provider and is outside of our control. Accordingly, delivery may not be available in all areas at all times, and messages may not be delivered in the event of product, software, coverage, or other changes made by your wireless service provider. You agree that neither we nor our vendors, suppliers, or licensors shall be liable for any delayed or failed delivery of any message we send you or you send us, including any damage or injury caused by delayed or failed delivery of any message.

Participant Requirements: You must own a wireless device capable of two-way messaging, be a wireless service subscriber of a participating wireless service provider, and have a wireless service plan with messaging service. If your wireless device or service plan does not support MMS messaging, we may send you SMS messages instead.

Age Restrictions: You may not subscribe to our marketing messages if you are under thirteen (13) years of age. If you are between thirteen (13) and eighteen (18) years of age, you must obtain permission from your parent or legal guardian to subscribe to our marketing messages.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and us, or between you and Klaviyo or any other third-party service provider acting on our behalf to transmit our marketing messages, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy shall be, to the fullest extent permitted by law, resolved only by final and binding, bilateral arbitration in Arizona before a single neutral arbitrator. You agree that we and you are each waiving the right to sue in court, except for disputes, claims, or controversies that qualify for small claims court, and the right to have a trial by jury. You agree that any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted, and you are agreeing to give up the ability to participate in a class action. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227, or any other statute, regulation, or legal or equitable theory. The arbitrator shall decide the enforceability of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The interpretation and application of this Mobile Marketing Agreement shall otherwise be governed by the laws of the state in which Tanceuticals, LLC principal place of business is located.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. The parties agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear an equal share of the fees paid for the arbitrator and shall bear its own costs relating to the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of this Mobile Marketing Agreement.

Miscellaneous: You warrant and represent to us that you have all necessary rights, power, and authority to agree to this Mobile Marketing Agreement and to perform your obligations herein, and nothing contained in this Mobile Marketing Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights herein. If any provision of this Mobile Marketing Agreement, including any part of the “Dispute Resolution” section, is held unlawful, void, or for any reason unenforceable by a court or agency of competent jurisdiction, that part may be severed from this Mobile Marketing Agreement and the remaining provisions shall remain in full force and effect. Any new features, changes, updates or improvements related to our marketing messages shall be subject to this Mobile Marketing Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Mobile Marketing Agreement from time to time and we will provide you with notice of material changes. You acknowledge your responsibility to review this Mobile Marketing Agreement from time to time and to be aware of any such changes. By maintaining your consent to receive marketing messages from us after any such changes, you accept this Mobile Marketing Agreement, as modified.

Changes to Terms
Tanceuticals reserves the right, in its sole discretion, to change the Terms under which www.tanceuticals.com is offered. The most current version of the Terms will supersede all previous versions. Tanceuticals encourages you to periodically review the Terms to stay informed of our updates.

Contact Us
Tanceuticals welcomes your questions or comments regarding the Terms:

Tanceuticals, LLC
6501 E Greenway Pkwy #103-328
Scottsdale, Arizona 85254

Email Address:
info@tanceuticals.com

Telephone number:
8009943752

Effective as of July 28, 2019

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