Terms of service

Terms of Service

Last Updated: October 13, 2026

1. Overview

Welcome to Pro Tan®. This website is operated by Pro Tan®, a division of Performance Brands, Inc. Throughout these Terms of Service ("Terms"), "Pro Tan," "we," "us," and "our" refer to Pro Tan® and Performance Brands, Inc.

By accessing our website, creating an account, or purchasing products, you agree to these Terms and all policies incorporated by reference, including our Privacy Policy, Shipping Policy, and Refund & Return Policy.

If you do not agree to these Terms, please discontinue use of our website and services.

Our online store is powered by Shopify Inc.

2. Eligibility & Acceptable Use

You must be at least 18 years old or the age of majority in your jurisdiction, whichever is greater, to make purchases directly from our website.

You agree to use our website and products only for lawful purposes and to provide accurate information when placing an order.

You may not interfere with our website, attempt unauthorized access, distribute malicious software, scrape protected information without authorization, or otherwise misuse our services.

We reserve the right to restrict access, refuse transactions, or terminate accounts for legitimate business, security, fraud-prevention, or legal reasons, subject to applicable law.

3. Products & Product Information

Pro Tan® offers self-tanning, competition tanning, skin preparation, sunless tanning, professional tanning, and related products.

Product descriptions, colors, photographs, packaging, availability, and pricing may change without notice.

We make reasonable efforts to accurately represent our products. Actual product appearance may vary due to lighting, skin characteristics, application methods, and individual results.

Unless expressly stated, tanning products do not provide protection from ultraviolet radiation or sunburn. Always follow product labeling, warnings, directions, and applicable safety precautions.

Professional-use products should be used only by appropriately trained individuals and in accordance with applicable instructions and regulations.

Our products are not intended to diagnose, treat, cure, or prevent disease.

4. Orders, Pricing & Payment

All orders are subject to acceptance, availability, fraud screening, and applicable law.

We reserve the right to limit quantities, decline suspicious orders, or correct genuine pricing or product-description errors.

If an accepted order must be canceled, we will notify you and refund any amount collected for products that will not be shipped.

Prices, promotional offers, and discounts may change prospectively without notice. Applicable taxes and shipping fees are calculated at checkout.

You agree to provide accurate billing, payment, and shipping information.

Promotional codes may not be combined unless expressly authorized. We may apply reasonable limits to promotions and correct technical promotional errors, subject to applicable law.

5. Shipping, Returns & Refunds

Orders are fulfilled according to our Shipping Policy.

Returns, exchanges, refunds, and satisfaction guarantee requests are governed by our Refund & Return Policy.

Nothing in these Terms limits rights or remedies that cannot legally be waived.

6. Intellectual Property

Unless otherwise identified, all website content, including our trademarks, logos, product names, photographs, graphics, designs, written materials, videos, and other original content, is owned by or licensed to Pro Tan®.

Pro Tan®, its associated logos, and related branding are protected by applicable intellectual property laws.

You may not reproduce, distribute, sell, modify, commercially exploit, or use our intellectual property without prior written authorization, except as permitted by law.

7. Customer Content, Social Media & Marketing License

We love celebrating our customers, athletes, competitors, and tanning professionals.

For this section, "User Content" means photographs, videos, testimonials, reviews, captions, comments, audio, likenesses, and other original material that you submit directly to Pro Tan®, upload through our website, enter into a Pro Tan® promotion, or expressly authorize us to use.

Publicly tagging, mentioning, or using a Pro Tan® hashtag may invite us to view, interact with, or request permission to use your content. A tag, mention, or hashtag alone does not grant us ownership of your content or automatically authorize unrestricted off-platform commercial use.

Broad Commercial Content License. By knowingly submitting User Content to Pro Tan® for publication, promotion, marketing, or commercial use, or by expressly accepting a Pro Tan® content-use request, you grant Pro Tan®, Performance Brands, Inc., and their affiliates, successors, licensees, advertising agencies, and authorized marketing partners a worldwide, nonexclusive, perpetual, irrevocable to the extent permitted by law, transferable, sublicensable, fully paid, and royalty-free license to use the authorized User Content.

To the maximum extent authorized by the permission granted, this license includes the right to:

• Reproduce, publish, display, distribute, transmit, repost, and publicly perform the content.
• Edit, crop, resize, translate, adapt, and create derivative promotional works from the content without materially misrepresenting the creator's statements or experience.
• Use the content on websites, online stores, landing pages, blogs, social media platforms, and digital marketplaces.
• Use the content in organic and paid advertising, sponsored posts, influencer campaigns, digital advertisements, and retargeting campaigns.
• Include the content in email marketing, SMS marketing, newsletters, direct mail, brochures, catalogs, and other promotional communications.
• Include the content in print materials, retail displays, trade show materials, event promotions, presentations, and other commercial advertising.
• Use the content in current and future media formats, subject to applicable law.
• Authorize our service providers, agencies, retailers, and marketing partners to exercise these rights on our behalf.

Where expressly included in your authorization, this permission also covers your name, public social media handle, image, likeness, voice, and other identifiable attributes appearing in the approved content for related promotional uses.

Unless separately agreed in writing, no payment, royalty, or ongoing compensation is owed for uses authorized under this license.

You retain ownership of your original content. Pro Tan® receives a license, not an automatic transfer of copyright ownership.

You represent that you own or have obtained the rights necessary to grant the permissions described above, including any required permissions from photographers, videographers, and other identifiable individuals appearing in the content.

You must not submit content that infringes intellectual property rights, violates privacy or publicity rights, is unlawfully obtained, or is otherwise unlawful.

Content involving minors requires appropriate parent or guardian authorization and any other permissions required by law before commercial use.

We may identify you by your public username or otherwise provide credit, but attribution is not guaranteed unless separately agreed.

We reserve the right to decline, remove, or discontinue use of submitted content at our discretion.

Any permitted edits or excerpts must not create materially false endorsements, misrepresent the original experience, or violate applicable advertising laws.

If you believe content has been used without sufficient authorization or wish to raise a rights concern, contact cs@protanusa.com.

8. Reviews, Testimonials & Endorsements

Customers are encouraged to provide genuine, honest opinions about their experiences.

We do not require positive reviews as a condition of providing customer service or honoring product guarantees.

Reviews and testimonials must reflect authentic experiences and must not include knowingly false or misleading statements.

Where a reviewer or creator receives free products, compensation, discounts, or other material incentives, applicable advertising disclosure requirements must be followed.

We may moderate reviews for spam, unlawful content, personally identifying information, irrelevant material, or other legitimate reasons. We do not prohibit or penalize honest negative reviews.

Testimonials may describe individual experiences and do not guarantee identical results for other customers.

9. Accuracy of Information

We strive to provide accurate and current website information. However, occasional typographical errors, outdated content, or technical inaccuracies may occur.

We may correct errors, update descriptions, and modify website content as appropriate, subject to applicable consumer rights.

Information provided on our website is for general informational purposes and should not replace professional medical or safety advice where appropriate.

10. Third-Party Services & Links

Our website may contain links to external websites or use third-party services for payments, shipping, reviews, analytics, and other functions.

These providers operate under their own applicable terms and privacy practices.

We are not responsible for the independent content or practices of unrelated third-party websites, except as required by law.

11. Privacy & Communications

Our collection, use, and disclosure of personal information are described in our Privacy Policy.

We do not sell customer information for monetary compensation.

By providing your contact information, you agree that we may send transactional communications relating to purchases, shipping, account security, and customer service.

Marketing emails and text messages are sent in accordance with applicable consent and opt-out requirements. Purchasing a product does not automatically constitute consent to receive promotional text messages.

You may unsubscribe from marketing emails using the unsubscribe link or opt out of promotional text messages using the instructions provided.

12. Prohibited Activities

You agree not to:

• Use the website for illegal, fraudulent, or deceptive activities.
• Misrepresent your identity or submit false purchasing information.
• Infringe another person's intellectual property or privacy rights.
• Upload malicious code or interfere with website security.
• Attempt unauthorized access to customer accounts or systems.
• Harass, threaten, or abuse other users or our employees.
• Misuse promotions, discount codes, refunds, or customer benefit programs.
• Use automated systems to disrupt or overload website operations.

We may investigate suspected violations and take reasonable action consistent with applicable law.

13. Disclaimer of Warranties

To the fullest extent permitted by applicable law, our website and online services are provided on an "as is" and "as available" basis.

We do not guarantee uninterrupted, error-free, or completely secure access to the website.

Product warranties, express representations, our voluntary satisfaction guarantee, and non-waivable statutory consumer protections remain applicable notwithstanding this disclaimer.

Nothing in these Terms excludes warranties or obligations that cannot lawfully be disclaimed.

14. Limitation of Liability

To the fullest extent permitted by applicable law, Pro Tan®, Performance Brands, Inc., and their respective officers, directors, employees, affiliates, and service providers shall not be liable for indirect, incidental, special, punitive, or consequential damages arising from use of the website or services, including lost profits, loss of business opportunities, or loss of data.

Where legally permitted, our aggregate liability arising from a particular transaction shall not exceed the amount paid to us for the products giving rise to the claim.

These limitations do not apply to liabilities that cannot lawfully be excluded or limited, including applicable product liability obligations, fraud, willful misconduct, or other non-waivable consumer rights.

15. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Pro Tan®, Performance Brands, Inc., and their affiliates, officers, employees, and authorized representatives from third-party claims, reasonable costs, and expenses arising from your unlawful conduct, your infringement of third-party rights, or your material violation of these Terms.

This provision does not require you to indemnify us for our own unlawful acts, negligence, or misconduct where such indemnification is prohibited by law.

16. Governing Law

These Terms are governed by the laws of the State of Florida, United States, without regard to conflict-of-law principles, except where federal law or mandatory consumer protection laws require otherwise.

17. Dispute Resolution & Arbitration

Before initiating formal proceedings, you and Pro Tan® agree to make a good-faith effort to resolve disputes informally by providing written notice describing the claim and requested resolution.

Notices to Pro Tan® may be sent to cs@protanusa.com. Either party may proceed after 30 days if the dispute remains unresolved, unless a shorter period is required to preserve legal rights.

Except for eligible small claims court actions, claims that cannot legally be compelled to arbitration, and other exceptions required by law, disputes arising from these Terms, our website, or purchases from us shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its applicable Consumer Arbitration Rules.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement to the extent applicable.

Arbitration fees and procedures shall be governed by the applicable AAA consumer rules, including applicable consumer fee protections.

The arbitration may be conducted remotely, by written submission, or at a location permitted by the applicable rules and law.

Jury Trial & Class Action Waiver: To the extent permitted by law, you and Pro Tan® agree that covered disputes will be brought only on an individual basis, not as a plaintiff or class member in a class, collective, or representative proceeding. Both parties waive the right to a jury trial for claims properly subject to binding arbitration.

Nothing in this section prevents consumers from exercising rights that cannot lawfully be waived, filing complaints with government regulators, or bringing claims excluded from arbitration by applicable law.

If any portion of this arbitration provision is unenforceable, its treatment and the effect on remaining provisions shall be determined under applicable law.

18. Changes to These Terms

We may update these Terms to reflect changes in our operations, services, technology, or applicable legal requirements.

Updated Terms will be posted on this page with a revised effective date. Material changes will be communicated where required by law.

Changes do not retroactively eliminate vested consumer rights or impose new arbitration obligations on previously accrued disputes where prohibited by law.

19. Severability & Entire Agreement

If a provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain effective to the extent permitted by law.

These Terms, together with the policies incorporated by reference, constitute the agreement governing use of our website and services, subject to other written agreements expressly applicable to particular transactions.

Our failure to enforce a provision on one occasion does not constitute a permanent waiver of that provision.

20. Contact Information

Pro Tan®, a division of Performance Brands, Inc.
15851 SW 41st St, Suite 800
Davie, FL 33331, United States
Email: cs@protanusa.com
Phone: 1-800-555-8895