COMMUNITY GUIDELINES

Terms of Use / Membership Guidelines / Privacy Policy

WELCOME TO THE ISLANDTONED.COM Effective Date: 01/01/2019

Island Toned and/or its affiliates provide the services available on the Website (“Website”) to you subject to the following terms and conditions (the “Terms and Conditions”). By accessing or using the Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.

1. GENERAL Terms of Use

You acknowledge and agree that these Terms and Conditions, together with our Privacy Policy constitute the complete and exclusive agreement between us concerning your use of the Website, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable, and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

1. Safety

1.1. Island Toned LLC has the right to refuse or revoke service to any person who they deem as a danger to themselves or others. To include a canceled membership without refund. Our technicians and beauty network have the right to conclude service at any point during your appointment time should they feel they are in harm’s way. We equally value our client, affiliates, and employees. Thank you for understanding. We reserve the right to, at any time, in our sole discretion: (1) exclude you from participation in the Program; (2) discontinue your participation in the Program; and/or (3) suspend or audit your membership account for any amount of time without prior notice. Any suspected abuse of the Program, failure to follow any Program Terms, membership inactivity for more than 24 months (i.e. member has not made a purchase within 24 months), illegal activity, fraud, misrepresentation or other conduct inconsistent with these Program Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards, points, cards, credits, vouchers, coupons and/or certificates, may result in the revocation of your membership and make you ineligible for further participation in the Program. If your membership is revoked, any rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Program Terms, we also reserve the right to take appropriate legal action, in our sole discretion.

1.2 If you are 17 Years or younger you must have a parent’s permission to spray tan. If you are 17 years or young you must wear bottoms during your service. Parents must consent to underaged tanning by filling out indicated section on service waiver. The parent must be present during the complete duration of the session.

2. ACCURACY OF INFORMATION

We attempt to be as accurate as possible when describing our products and services on the Website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, prices for products and services, hours of operation or other content available on the Website is accurate, complete, reliable, current, or error-free.

3. THIRD PARTY LINKS

We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Website pages and other websites that you visit.

4. REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITY

The website is presented “as is.” we make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the website, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, unless such representations and warranties are not legally excludable. You agree that we will not be responsible or liable, under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the website; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the website; (e) computer viruses, system failure or malfunction which may occur in connection with your use of the website, including during hyperlink to or from third party websites; or (f) events beyond our reasonable control.

5. INDEMNIFICATION

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Website or service. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

6. DISPUTES

With respect to any dispute regarding the Website, your rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Virginia, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Virginia. Any dispute relating in any way to your visit to the Website shall be submitted to confidential arbitration in Virginia, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in Virginia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

7. PURCHASE POLICIES

All products available on the Website and any samples that are provided to you, are for personal and or professional use only. By purchasing on the Website you agree that all products purchased and or samples that you purchased or otherwise received from us are not to be sold or resold. We reserve the right to cancel and refuse any order that you place with us. We reserve the right, with or without notice to prohibit orders that in our sole judgment, appear to be placed by dealers, resellers or distributors

8. GIFT CARDS

Non-Returnable; not for resale. Notwithstanding anything contained in these Terms and Conditions, Island Toned eGift Cards (Island Toned Gift Cards”) are not returnable or refundable for cash except in states where required by law. Resale of Island Tone Gift cards is strictly prohibited.

Beach Club Membership Terms and Condition of Service

PLEASE READ THESE TERMS AND CONDITIONS. BY PARTICIPATING IN THE BEACH CLUB PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM

1. Membership Eligibility and Overview

1.1. Beach Club Membership is offered at the sole discretion of (Island Toned” “we,” “our” or “us”). The Program is available to individuals for their personal use only and is limited to one account per individual. Individuals who are legal residents of the United States (including its territories and possessions) and at least 18 years or older and who provide and maintain a valid e-mail address are eligible to become members. No purchase is necessary to join the Program, but a one-time, nonrefundable enrollment fee of ten dollars ($45.00) is required in order to register for the Program. The Program cannot be used for any business or commercial purposes and we may refuse to create an account for any reason.

1.2. By joining the Membership and becoming a Program member, you (individually and collectively, “you,” “your,” or “Member”), agree that you have read, understood and agree to be bound by these Program Terms and Conditions of Participation (“Program Terms”) and by any changes or modifications we may make. You should review these Program Terms and the related policies and FAQs frequently to understand the terms and conditions that apply to the Program as they may change from time to time. These Program Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including any agreement for products or services.

2. Program Enrollment

2.1. Eligible individuals may enroll in the Program through one of the following options:

2.1.1. Visit www.islandtoned.com (collectively, the “Site”) and follow the Program prompts to register for the Program;

2.1.2. Sign up during a home visit with an Island toned the associate

2.1.3. Visit an Island Toned partner retail location, salon, spa or institute that participates in the Program and tell an associate you would like to register for the Program.

2.2. You are required to provide your full name, mailing address and e-mail address, in order to enroll. If you enroll at the Site, you must create a password in order to enroll. You may also be given the opportunity to provide your birth date and phone number, but this information is optional. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information on the Site or by contacting Island Toned Customer Service at 757 356 5532

2.3. Only one Program account may be associated with a single member and a single e-mail address. In the event of a dispute over the identity of the member enrolled in the Program proof of identification must be provided. The authorized account holder of the e-mail address submitted at the time of enrollment will be deemed the member. For purposes of these Program Terms, the “authorized account holder” is the natural person who is assigned to the submitted e-mail address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

3. How the Program Works and Program Benefits

3.1. The Program is a way in which we reward and thank our loyal customers becoming patrons of our brand. Eligible purchases and other opportunities to earn rewards will be posted on the Site or may be published through other media (e.g., in-store, in marketing communications, social media, etc.

3.2. As we grow all Island Toned locations will be Program-participating. Members do not receive discounts on the purchases of Island Toned Gift Cards and Island Toned eGift Cards.

3.3. Membership does not have to be purchased on service day.

3.4. Neither accounts nor rewards and/or points may be shared or combined. Only the member paying for the products may accumulate rewards and/or points. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time.

3.. Membership will expire one year from individual sign up date.

3.6. Rewards and/or points earned through the Program are gifts that have no cash value, are non-transferable.
The sale, barter, transfer, donation, auction or assignment of any rewards offered through the Program, other than by us, is expressly prohibited. Any applicable tax liabilities resulting from rewards earned under the Program are the responsibility of the member.

3.7. Rewards cannot be exchanged or returned for points, another product or a monetary refund.

3.8. The products and services available through the Program and any samples that we may provide to you are for personal use only. You may not sell or resell any of the products, services, or samples you purchase or otherwise receive from us. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Program Terms.

3.9. We are not responsible for rewards and/or points lost or redeemed due to fraudulent activity by you or any third party. We are not responsible for rewards that are lost, stolen or otherwise destroyed. We are not responsible for a third-party merchant’s failure to honor rewards.

3.10. We reserve the right to change Program rewards/benefits, how you earn points and how we evaluate and reward your eligible purchases and/or other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program and/or for any point level, the number or types of rewards you may receive or earn at any given point level, in a given time period or for the duration of the Program, and/or any combination thereof.

3.11. You must contact Island Toned via e-mail or telephone concerning your membership

4. Marketing Communications

4.1. By enrolling in the Program, you will be automatically subscribed to receive and consent to receive Program related e-mails, including Program marketing e-mails. We also may give you the option to opt-in to receive other marketing communications from us at the time of enrollment.

4.2. You may opt-out of receiving Program marketing e-mails at any time by following the instructions provided in the e-mail or as otherwise provided in the Island Toned Privacy Policy but operational e-mails will still be sent to you as they relate to your membership in the Program. Examples of these include, but are not limited to, a redemption confirmation e-mail, a profile update e-mail, or other communications that relate to your account. If you terminate your Program membership, you will no longer receive Program-related communications.

5. Termination and Modification

5.1. The Program and its benefits are offered at our sole discretion. We may, in our discretion, cancel, modify, restrict or terminate these Program Terms, our FAQs, and/or the Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards.

5.2. If you decide you no longer want to be a part of the Program, you may cancel your membership at any time by contacting Island Toned Customer Service at 757 356 5532. There is a no money back policy after the first discounted spray tan has been rendered.

PRIVACY

Please review our Privacy Policy, which also governs your visit to the Website, so that you may understand our privacy practices ISLANDTONED on the Web. We appreciate when our clients allow us to expand our portfolio. This includes when you share the results of your appointment with Island Toned by posing, submitting or mentioning our business through pictures text or video on all social media platforms. By referencing our business online or allowing us to capture our own photos during your session you grant Island Toned LLC, a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable right and license to display your picture on Island Toned LLC website and social media sites. When submitting a photo image or video recording directly to our company please be sure you are the only person in the photo or video or that you have obtained all necessary permissions from any other individuals in the photo or video. Do not submit any photo or video unless you have shot the photo or video yourself or have obtained the necessary rights from the person who shot the photo or video. Do not include music in your video. We reserve the right not to post or to withdraw your posted picture or video for any reason. By participating in our current Rewards Program, you are agreeing to enroll into our program. You agree (or, if you are a minor, your parent or legal guardian agrees) to receive advertising, marketing materials and other communications from Island Toned and its affiliates. By signing up to join The Map you will automatically be subscribed to receive Program email. By using the hashtags associated with Island Toned you agree that Island Toned can use your post as content as a submission under its Terms and Conditions and Community Guidelines.

SECURITY

The website may contain links to other websites of entities and third parties that are not necessarily affiliated with us. We are not responsible for the privacy practices or the content of such websites. We may utilize and work with trusted third parties, including social network sites like Facebook and Twitter, and with web and application developers so we can connect to your social networks. All of these companies operate Third Party Sites. We provide access to our website by third parties and business partners so we can generate interest in our products among members of your social networks and to allow you to share product interests with friends in your network. The use of any features made available to you on our website by a third party may result in information being collected or shared about you by us or by the third party. If a Third Party Site shares or makes publicly available information collected through any such features, it is considered public information. Please be sure to review the privacy policies and privacy settings on your social networking sites to make sure you understand the information they are sharing. Protecting your information is important to us. We employ the latest industry standard technology to protect the security of your information. While we are committed to protecting your information, data transmission over the Internet cannot be guaranteed to be 100% secure, and we therefore cannot ensure or warrant the security of any information you may transmit.

CHOICE/OPT-OUT

In order to provide service to you, Island Toned will send you communications related to your transactions, security or the administration of its Website. From time to time, we may also wish to send you other messages or updates about Islandtoned including promotions and other activities. If you do not wish to receive non-transaction/security related communications from us, please send an email containing your request to islandtoned@outlook.com

We reserve the right to modify or supplement this policy at any time. If a material change to the terms of this policy is made, we will post a notice on our homepage and a link to the new policy.
If you have questions about this privacy statement, the information practices of Islandtoned, or your dealings with us, please contact Island Toned Customer Service at islandtoned@outlook.com or call 757 228 2200