Terms and Conditions

Use of the AYU Sunless website constitutes agreement to our terms of use. We encourage you to review the following information carefully.  If you do not agree to these terms and conditions, please do not use this site.

All content available on ayusunless.com, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, is the property of AYU LLC.  Our content is protected by United States and international copyright laws and we reserve all rights.

The trademarks, logos, and any other marks displayed on the Site are the registered and unregistered marks of AYU LLC. and are protected by United States and International Trademark Laws.

Some portions of this website permit username and passwords to be used, specifically for our wholesale and VIP accounts. You are responsible for protecting your unique username and password and you agree to be responsible for all activities performed under your user account.

Any samples you purchase from this site or any samples we may provide you with are for personal use only. You may not sell or resell any of the sample products you purchased or otherwise received from us.

 We reserve the right with or without notice to cancel or reduce the quantity of any sample orders that we believe may result in the violation of our terms and conditions. For other purchase related policy please refer to our customer service page for shipping, order processing, return etc.

 

AYUsunless.com grants you a limited license to access and make personal use of the Site. This limited license does not include the right to modify or download any Content (except caching or as necessary to view the Site), this license excludes the download or collection of logos, product descriptions, pricing, text, graphics, audio and video clips, and/or copying any information. This website or any portion of this website may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without express written permission of AYU LLC. Any unauthorized use by you of the Site terminates the limited licenses.

 

When you submit material (including, but not limited to, photographs, stories and testimonials), you grant us a  nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. By your submission you represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission. AYU LLC reserves the right to remove any content at our sole discretion.

 

This site is presented “as is” by AYU LLC and we make no warranties of any kind whatsoever. You expressly agree that your use of ayusuless.com is at your own risk. AYU LLC will not be responsible for any damages of any kind resulting from use of this website, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

In the event that AYU LLC has mistakenly listed an incorrect price, AYU reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. AYU 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, AYU LLC shall issue a credit to your credit card account in the amount of the incorrect price.

AYU LLC, based in Chattanooga TN , USA  may not and cannot review all communications and materials posted to or created by users accessing the site, and are 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, AYU LLC 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, AYU LLC 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 AYU LLC  in its sole discretion.

You agree to indemnify, defend, and hold harmless AYU Sunless / AYU LLC, 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.

 

Product Integrity, Repackaging, Modification, and Unauthorized Manufacturing

AYU products are sold as finished cosmetic products for use in their original formulation and for their intended purpose. 

• Repackage, rebottle, decant, or transfer an AYU product into another container for resale, distribution, sampling, gifting, take-home use, or other commercial supply;

• Remove, replace, cover, obscure, alter, or reproduce any AYU label, product name, ingredient declaration, batch or lot code, directions, warnings, trademark, or other identifying information;

• Relabel, private-label, co-brand, or represent an AYU product as being manufactured, formulated, owned, or supplied by another individual, business, or brand;

• Dilute an AYU product with water, another brand’s product, or any non-AYU ingredient or material;

• Blend or combine an AYU product with another brand’s product or with any non-AYU ingredient, fragrance, colorant, additive, or material;

• Reformulate, modify, fragrance, color, or otherwise alter an AYU product;

• Use an AYU product, in whole or in part, as an ingredient, base, concentrate, component, or manufacturing material in another cosmetic, personal-care product, spray tan solution, facial tanning mist, self-tanner, or other product intended for sale, resale, distribution, or commercial supply; or

• Make unauthorized claims, warranties, or representations regarding an AYU product that has been transferred, repackaged, relabeled, diluted, blended, modified, or incorporated into another product.

Permitted Professional Use

Professional users may:

• Transfer an AYU product into clean spray-tanning equipment, solution cups, or working containers solely for immediate use during a professional sunless tanning service; and

• Mix or blend one AYU product with another AYU product for immediate application during a professional sunless tanning service.

This permitted professional use does not authorize the resulting product or mixture to be bottled, packaged, stored for resale, relabeled, distributed, sampled, supplied for take-home use, represented as a separate formulation, or sold under another product or brand name.

Any repackaging, rebottling, relabeling, dilution, blending, alteration, modification, or use of an AYU product as a manufacturing ingredient is performed without AYU LLC’s authorization, supervision, or quality control. These actions may affect the product’s identity, stability, preservation, safety, performance, labeling accuracy, batch traceability, and regulatory status.

AYU LLC does not accept responsibility or liability for any product that has been transferred, repackaged, rebottled, relabeled, diluted, blended with non-AYU materials, altered, modified, or used contrary to these Terms and Conditions.

Violation of this section constitutes a material breach of AYU’s Terms and Conditions and may result in immediate suspension or termination of purchasing privileges, wholesale access, reseller status, authorization to sell AYU products, product-support eligibility, and any applicable warranty coverage. AYU LLC reserves all rights and remedies available under its agreements and applicable law.

You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Site.

We reserve the right, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site 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 Site.