This World Wide Web site with its home page in the domain “californiatan.com” or “caltan.com” (the “Web site”) is a complimentary site offered by California Tan, Inc. (“CALIFORNIA TAN”), providing information and product purchasing services, with the express condition that these users agree to be bound by the terms and conditions set forth in this User Agreement. CALIFORNIA TAN reserves the right to change these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. You must consult the most recent version of this User Agreement (not an older cached version) each time you view the Web site. Access to and use of this Web site is provided subject to these terms and conditions. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.

1. DISCLAIMER OF WARRANTY

You acknowledge that the services, information or data (collectively, “Information”) on the Web site is provided “As Is” for general information only. CALIFORNIA TAN makes no warranties of any kind regarding this Web site, including, but not limited to, any warranty of accuracy, completeness, currency, reliability, implied merchantability or implied fitness for a particular purpose, or any warranty that these pages, or the server that makes them available, are free of viruses or other harmful elements. CALIFORNIA TAN makes no warranty, representation or guaranty that the Information may be relied on for any reason, that the Information will be uninterrupted or error-free or that any defects can be corrected. All warranties, including the implied warranty of merchantability, non-infringement and implied warranty of fitness for a particular purpose are hereby expressly disclaimed. CALIFORNIA TAN shall have absolutely no liability in connection with the Information including without limitation, any liability for damage to your computer hardware, data, information, materials and business resulting from information or lack of information on the CALIFORNIA TAN Web site. You agree CALIFORNIA TAN shall have no liability for: (1) any loss or injury caused, in whole or in part, by its actions, omissions or negligence or for contingencies beyond its control, in procuring, compiling or delivering the Information; (2) any errors, omissions or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or (3) any decision made or taken or not taken in reliance upon the Information.

You agree that you will hold harmless CALIFORNIA TAN and its governors, officers, directors, and employees from all claims arising out of or related to your access or use of, or your inability to access or use, this Web site or the Information contained in this Web site or other Web sites to which it is linked, including but not limited to claims that you have found something you have heard, viewed, or downloaded from this Web site (or another Web site to which it is linked) to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will CALIFORNIA TAN or the contributors of Information to this Web site be liable to you or anyone else for any decision made or action taken by you in reliance on such Information or for any consequential, special or similar damages, even if CALIFORNIA TAN or the contributors of Information are advised of the possibility of such damages.

You acknowledge that opinions and recommendations contained in this Web site are not necessarily those of CALIFORNIA TAN or endorsed by CALIFORNIA TAN.

2. LINK CONDITIONS

You agree that all hypertext links to this Web site must be expressly pre-approved in writing by CALIFORNIA TAN. All terms and conditions related to the use and/or linking to the CALIFORNIA TAN web site will be construed according to the laws of California, U.S.A. without regard to its conflict of law provisions.

The California Tan Web site includes links to a number of Web sites that are not provided, sponsored, controlled or affiliated in any manner with CALIFORNIA TAN (“the linked sites”). The linked sites are not under the control of CALIFORNIA TAN. CALIFORNIA TAN is not responsible for the content of any linked site, including, without limitation, any link contained in a linked site, or any changes or updates to a linked site. CALIFORNIA TAN provides the linked sites to you only as a convenience, and the inclusion of any link does not constitute endorsement, affiliation, sponsorship, and/or approval of the linked site by CALIFORNIA TAN. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the linked sites.

3. USE OF MATERIAL ON CALIFORNIA TAN WEB SITE

The works of authorship contained in this Web site, including but not limited to all design, text and images, are owned or licensed by CALIFORNIA TAN, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored by subsequent use or otherwise used in whole or in part in any manner without CALIFORNIA TAN’s prior written consent.

The user, however, may make such temporary copies in a single computer’s RAM and hard drive cache as are necessary to browse the Web site. The user may also make one permanent printout of each page of the Web site (unmodified in form, with a copy of this User Agreement attached) to be used by the user for personal and non-commercial uses that do not harm the reputation and interests of CALIFORNIA TAN or create a likelihood of confusion as to its trademarks. The permanent printout shall not be posted or otherwise made available on any network computer or broadcast in any media.

CALIFORNIA TAN does not waive any of its proprietary rights in the web site or Information including, but not limited to, copyrights, trademarks and other intellectual property rights.

4. PROHIBITED USE

CALIFORNIA TAN does not permit or tolerate any illegal, abusive, harmful or improper use of the Web site, or any use of the Web site that interferes with other users’ enjoyment of the same. Without limiting the generality of the foregoing, CALIFORNIA TAN specifically prohibits the following activities: (a) Collecting, storing, posting, transmitting or soliciting any content, message or communication that would infringe on or violate any patent, copyright, trademark, trade secret or other intellectual property right of any person or entity;
(b) Collecting, posting, transmitting or soliciting harmful computer software viruses, codes, files or programs;
(c) Falsifying user information;
(d) Doing or attempting to do anything that adversely affects the ability of other users to use the Web site, including, without limitation, “denial of service” attacks against another system or network host or another user;
(e) Hacking, mail-bombing, flooding, overloading, attacking or otherwise sabotaging or interfering with a system or network;
(f) Without permission from the owner or host of a system or network, doing or attempting to do any of the following: accessing the system or network, monitoring data or traffic, probing, scanning, testing firewalls, testing the vulnerability of the system or network, or breaching the security or authentication routines of the system or network;
(g) Engaging in any of the foregoing activities through another, but channeling such activities through a remailer or otherwise;
(h) Using the Web site to violate an internet service provider’s acceptable use policy and/or terms of service;
(i) Taking or using still “screen grab” images from moving segments of the Web site, if any, without CALIFORNIA TAN’s prior written consent;
(j) Any other uses of the Web site that CALIFORNIA TAN determines, in its sole discretion, are illegal, abusive, harmful or improper.

5. YOUR USE AND PRIVACY

We may monitor your use of the Web site and use that information for our internal business purposes or otherwise in accordance with our privacy policy, which is found at Section 13 below.

6. ENDORSEMENTS

CALIFORNIA TAN does not endorse any specific commercial product or company mentioned on the CALIFORNIA TAN Web site or any commercial product or company linked to this Web site.

7. CALIFORNIA TAN CONTROL OF WEB SITE

This Web site (excluding linked sites) is controlled by CALIFORNIA TAN which is headquartered in the State of California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this Web site both you and CALIFORNIA TAN agree that the statutes and laws of the State of California, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Web site. You and California Tan, Inc. also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Los Angeles County, California, and the United States District Court for the Central District of California (Los Angeles Division) with respect to such matters. CALIFORNIA TAN makes no representation that materials on the Web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Web site from other locations do so on their own initiative and are responsible for compliance with local laws.

8. OTHER

For purposes of disclaimer, CALIFORNIA TAN shall include California Tan, Inc., its governors, officers, subsidiaries, affiliates, employees and any third party providers or sources of information or data.

9. COPYRIGHT AND TRADEMARK NOTICES

Copyright© CALIFORNIA TAN 2000-2006, all rights reserved. CALIFORNIA TAN, EMERALD BAY, and CAL CARE, and the individual brand and product names depicted in the Web site are all either trademarks or registered trademarks of CALIFORNIA TAN. The overall design and layout of the Web site constitutes the exclusive trade dress of CALIFORNIA TAN which is protected pursuant to 15 U.S.C. Sec. 1125(a) et. seq. No logo, graphic, sound or image from the Web site may be copied or retransmitted except as provided herein.

10. LICENSES AND IDEA SUBMISSIONS

You agree to grant to CALIFORNIA TAN a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to the CALIFORNIA TAN Web site by all means and in any and all media now known or hereafter developed. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against CALIFORNIA TAN for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us. 11. LIMITATION OF LIABILITY

Under no circumstances shall CALIFORNIA TAN be liable for any losses or damages of any kind including, without limitation, loss of use, lost profits, loss of data or information of any kind, or loss of business, goodwill or opportunity, incidental, indirect, exemplary, special, punitive or similar damages whatsoever, whether in contract, tort, negligence, strict liability, or otherwise, from the use of, or reliance on, the Information or purchasing services provided on the Web site or from the use of the Internet generally.

12. RESTRICTED RIGHTS LEGEND

Any material which is downloaded or otherwise copied and/or reproduced in any manner from this Web site for or on behalf of the United States of America, its agencies, instrumentalities and/or employees acting in its behalf (“the United States”) is provided with Restricted Rights. Duplication, disclosure and/or use in any other manner by the United States is subject to all restrictions stated and set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. All text, software, photographs, graphics, and other material of any and all kinds available on this Web site is provided by CALIFORNIA TAN, 12777 W. Jefferson Blvd., 3rd Floor, Los Angeles, California. 90066.

13. PRIVACY POLICY

California Tan, Inc. (“CALIFORNIA TAN”) is committed to respecting your privacy and recognizes your need to protect the personal information that you share with us. The following is our web site Privacy Policy. In it we inform you what information we might collect from you when you visit the CALIFORNIA TAN web site (the “Web site”), how we might use such information, and the choices you have regarding our use of, and your ability to review and correct, such information.

Types of Information We Collect

We have the ability to collect two types of information from people who visit our Web site: Personally Identifiable Information and Aggregate Information.

Personally Identifiable Information is any information by which you can be identified, such as your name, address, telephone number, email address, credit card information, birth date, gender, occupation, personal interests, etc.

Aggregate Information is anonymous data such as your IP address (i.e., a number that is assigned to your computer whenever you connect to the internet), your domain name (e.g., "XYZ.com") and user statistics (e.g., 45% of our users are female). Aggregate data is very much like television ratings that would show the television network how many viewers are watching a particular television program.

In addition to collecting information from people who visit our Web site, we collect information from other sources. Examples of information we receive from other sources include updated delivery and address information from our carriers or other third parties, which we use to correct our records and deliver your next purchase or communication more easily; account information, and purchase or redemption information which we use to help prevent and detect fraud.

What We Do With the Information

CALIFORNIA TAN collects Aggregate Information to diagnose technical problems on the Web site, to help us administer the Web site, to help us improve the quality of the pages that make up the Web site, to permit us to gather information about the volume of use on, and frequency of visitors to, the Web site, to gather broad demographic information and to improve our Web site to assure that it is as appealing as we can make it for as many people as possible. Sometimes we share this information with our business partners, and sometimes we permit our business partners to collect the information directly from you, for advertising and promotional purposes. In no event, however, is this information matched to your Personally Identifiable Information.

CALIFORNIA TAN also collects Personally Identifiable Information. This can be done when you choose certain products or services offered on our Web site. For example, when you order CALIFORNIA TAN products from our Web site, you are supplying us with your Personally Identifiable Information. We use such information to try to offer you our products and services, to improve the quality of the content that we provide on the Web site, and to personalize your online experience, such as your shopping preferences. From time to time, we may also share such information with persons or companies with whom we do business, who might also wish to offer their products or services to you. We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments, and providing customer service. They have access to Personally Identifiable Information needed to perform their functions, but may not use it for other purposes.

In addition, we may transfer your Personally Identifiable Information as part of the assets of CALIFORNIA TAN if CALIFORNIA TAN is, or parts of its businesses are, sold to, merged with or acquired by, a third party. CALIFORNIA TAN may also disclose your Personally Identifiable information when required by law or court order, or to protect the rights, property or safety of CALIFORNIA TAN, our users or others. This includes exchanging information with other companies and organizations for fraud prevention and credit risk purposes.

Whether or not you provide such information is completely your own choice. You are not obligated to answer any question that is presented to you. Of course, if you choose not to provide the information, you might be unable to access certain services, offers and content on our Web site. For example, we cannot mail you the product you ordered if you do not tell us your address, etc.

Editing, Updating, Correcting and Deleting Information About You

You may enter into your CALIFORNIA TAN account at any time to edit, update and correct your account and registration information by either clicking on "Account Information" and clicking on "Edit". Your request will be processed as soon as possible.

If you have provided Personally Identifiable Information but later you object to the use that we are making of that information (for example, you no longer wish to receive promotional or marketing information about products, services, and offerings from CALIFORNIA TAN) you can ask us to stop making use of that information by sending us an email at cservice@caltan.com or calling 1-800-SUNCARE.

If you are receiving communications from other business partners with whom we have shared your Personally Identifiable Information, you must contact those entities independently if you wish to stop receiving communications from them.

Protecting Children

We take special care to protect the safety and privacy of children. Our Web site is available to the general audience. Nevertheless, we do not permit children under age 13 to register on our Web site for any product or service. We do not collect or solicit personal information about users under age 13. Children under age 13 should always ask their parents or guardians for permission before providing any personal information to anyone online. We urge parents and guardians to participate in your children's online activities and use parental control or other internet filtering technology to supervise your children's access to the internet.

We do not sell products or services for purchase by children. If you are under 18, you may purchase products or services on CALIFORNIA TAN only through a parent or guardian.

Cookies

Our Web site uses "cookies." A cookie is a small amount of data that is sent to your browser from an internet server and stored in your computer. Generally, we use cookies to remind us of who you are, tailor our products and services to suit your personal interests, estimate our audience size, to process your order, track your status in our promotions, contests and sweepstakes, and/or analyzing your visiting patterns. You can set your browser to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it.

Security

Protecting the security of your personal information that you share with us is of the utmost importance to us. For this reason, we use Secure Sockets Layer (SSL) software to encrypt information that you input. We reveal only the last four digits of your credit card number when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company when processing your order. Unfortunately, however, no data transmission over the internet or data storage can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our Web site, and you do so at your own risk. By accessing our Web site, you acknowledge and agree that we may notify you by email in the event of a breach of security involving your Personally Identifiable Information.

We urge you to keep your password in a safe place and not to divulge it to anyone. Also, remember to sign off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or an internet cafe.

Links to Third Party Sites or Products

Our Web site contains links to sites operated and maintained by third parties as well as links to products and services (including software) provided by third parties. CALIFORNIA TAN has no control whatsoever over such third parties, their internet sites or their products or services. Privacy policies for such linked sites may be different from our Privacy Policy. You access such linked sites or products or services at your own risk. You should always read the Privacy Policy for a linked site or product or service before disclosing any personal information on such site or in exchange for such product or service.

Policy Changes If we decide to change our Privacy Policy in whole or in part, we will inform you by posting a notice on our Web site. At the end of the Privacy Policy, we also indicate the date on which the policy was last updated. If, at any time, you do not agree with all of the terms and conditions of the Privacy Policy, you should contact us immediately with your name, e-mail address, and zip code and instruct us to delete any Personally Identifiable Information we may have about you, at which time we will delete your name from our database.

Effective Date of Policy

This Privacy Policy has been in effect since October 18, 2006.

Questions and/or Concerns

If you have any questions or concerns about our Privacy Policy and practices, please contact us.

You can send us an email at cservice@caltan.com or call us at 1-800-SUNCARE

14. ENTIRE AGREEMENT

This agreement contains the entire understanding and supercedes all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this agreement is found to be illegal or unenforceable, the agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.