Tanning Near You Website

[Ezliving_Jim]

I'll talk to them tomorrow.

Our total charges for 4 months averaged less than $30/month. I ate that, waiting for real new clients to walk in the door.

Charges jumped to $152 last month.

I will go to AMEX to reverse charges, if necessary. It shouldn't be necessary.

Their website said that they just signed up their 1000th salon. That's a nice chunk of change for them.

[frankie]

i just checked mine and i also was billed @4.00. That is BS iMO.

[Ezliving_Jim]

Are you breaking even or better with their leads?

[Ezliving_Jim]

On closer inspection, it looks like most of the leads are coming from people who live a 21-24 minute drive from us (according to google maps). That's not good.

Most of our clients live less than 3-4 miles from us.

[engfant]

Originally Posted by Ezliving_Jim

I'll talk to them tomorrow.

Our total charges for 4 months averaged less than $30/month. I ate that, waiting for real new clients to walk in the door.

Charges jumped to $152 last month.

I will go to AMEX to reverse charges, if necessary. It shouldn't be necessary.

Their website said that they just signed up their 1000th salon. That's a nice chunk of change for them.

Jim, if you are interested in starting a website that scam people to sign up and then you just keep debiting their asses for nothing then I can build that for you. Scamming people isn't the hard part. It's actually coming through with the goods that's the hard part.

Sheet, if I had known salons would think this was a good idea and have the industry heads backing it I would have just skipped the tanning salon gig and went Spam King on ya asses.

I like sleeping at night unfortunately.

[eileen]

Am I the only one that read the TOS? I know I still haven't agreed to them.

[eileen]

Originally Posted by rickmattoon

Bottom line for me… I believe in the TanningNearYou - Find Tanning In Your Local Area program because it is working tremendously for nearly 1,000 tanning salons across the United States that have signed onto the program since its launch last year. Some of these salons are 50+ chains.

The folks that initiated the launch of the tanning directory work with over 11,000 local businesses across the US and have pioneered a revolutionary Local Performance Advertising Program for the businesses they support.

The Program Is Simple…

-Thousands of consumers visit TanningNearYou - Find Tanning In Your Local Area each day to find salons.

-Consumers enter their zip code and your free custom profile is displayed.

-Consumers study your profile and print coupons for your salon.

-You pay only for high-quality leads and email addresses.**

**If you ever have a question about your account or want to know how to best utilize the client contact information gained through your TanningNearYou - Find Tanning In Your Local Area listing, please drop Lindsay, the program manager, an email at lindsay@tanningnearyou.com.

Rick,
You may want to revisit this site and handle some damage control since you so openly backed the service.

[eileen]

OK I am a paying customer for tanningnearyou. I just did a search for my town and I'm the only salon listed. I did a search for my county and I'M NOT LISTED! However, just about every other salon that doesn't have an account is LISTED. WOW this company just can't get it right.

[eileen]

Originally Posted by unity

Well you could copy-paste the TOS

You are correct, I still can't get past my first screen because I won't agree to these terms of service:

TanningNearYou.com
Advertiser Listing Agreement
(Last Updated April 30, 2009)

This Advertiser Listing Agreement (this “Agreement”) is a legal agreement between TanningNearYou.com, LLC (the “Company”, “us” or “we”) and the business by which the individual accepting this Agreement is employed or otherwise engaged (the “Client” or “you”). This Agreement governs the relationship between the Company and the Client in connection with the TanningNearYou Advertiser Listing Program (the “Program”).

IF YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, PLEASE CLICK ON THE "I AGREE" BUTTON BELOW. THIS WILL CONSTITUTE A BINDING AGREEMENT BETWEEN THE CLIENT AND THE COMPANY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, PLEASE CLICK THE "CANCEL" BUTTON. YOU WILL NOT BE PERMITTED TO PARTICIPATE IN THE PROGRAM UNLESS YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

1. Description of the Program
1.1 Directory of Businesses; User Searches. Through one of the Company’s web sites (currently located at TanningNearYou - Find Tanning In Your Local Area), individuals (“Users”) identify themselves as interested in finding a tanning salon (each, a “Business”) within or near a certain zip code or other geographic area. The user offers their email address so they may be contacted by such Businesses. The User is provided search results consisting of participating Businesses that are listed in the Company’s directory of Businesses (the “Directory”) that are in or near the User's selected zip code or other geographic area.
1.2 Your Business Receives Email Notification of Users. The Company will email the information provided by the User to the email address your Business provided at time of registration.

2. Your Obligations
2.1 Provide Up-To-Date Contact Methods. You agree to provide the Company with an up-to-date, working email address to which we may route User inquiries.
2.2 Listings. Each Business participating in the Program is able to customize its own listing with items such as descriptions of its services, facilities and personnel. All Businesses will be treated the same with regards to what they can upload. You shall ensure that all content provided for display within your web site listing is accurate, up-to-date and not misleading, and complies with all applicable laws and regulations (including, but not limited to, any applicable laws and regulations governing advertising by a tanning salon). The Company does not undertake any obligation to screen or otherwise determine whether or not content you provide complies with applicable law and regulations. However, the Company reserves the right not to display any content it determines to be inappropriate or offensive.
2.3 Relationship with Users. You are solely responsible for booking appointments with Users and all aspects of your relationship with the Users. The Company makes no representation as to the number of Users who will contact you, or the number of appointments you will receive, through the Program.
2.4 Review of Activity Reports. You will review your online Program activity report at least once every thirty (30) days. In the event that you have any questions or believe that there are any discrepancies in the report, you will notify us within forty-five (45) days of the questionable event. If there is a dispute between you and us regarding the number of Users that you are charged for, both you and we will cooperate in good faith to resolve the dispute.
2.5 Privacy. You are responsible for protecting the privacy of Users. You agree not to disclose any personal information or data that you may obtain through the Program regarding any User (the “User Data”) to any third party for any reason whatsoever without the prior consent of the User, unless revealing the User Data is necessary to comply with applicable law or regulation.
2.6 Licensing and Accreditation; Compliance with Industry Standards and Law. You agree to maintain all applicable industry accreditations and all necessary federal, state and local government licenses required to operate your Business in the state in which you are located. You agree to maintain and operate your Business in accordance with the highest industry standards, and in accordance with all applicable laws and regulations.

3. Payment
3.1 Fees. In consideration of the advertising services that we provide through the Program, you will pay us a fee which is specified when you register for the Program (the “Fee”) for each Lead provided to your business (collectively, “Billable Event”). A Lead shall be defined as every email (or other notification), as tracked by our system, from the Company notifying the Client about a User, and which email (or other notification) from the Company shall contain the email address provided by the User at the time the information was requested. The Client shall have no obligation to pay for any Duplicate Leads; provided, however, that the Client must identify any Duplicate Lead to the Company in writing not later than seven (7) days after receipt of such Duplicate Lead from the Company. A Duplicate Lead shall be defined as any Lead identical to another Lead sent to a particular Business within the prior ninety (90) day period. In addition, you will pay us a monthly fee (the “Maintenance Fee”) for each calendar month or part of calendar month in which your Business is listed in the Directory.
3.2 Billing. We will bill your credit card (provided at registration) following the end of each Billing Cycle for the Fees for all Billable Events that occurred during such Billing Cycle as well as for any outstanding balances. The Billing Cycle is currently defined as starting on the first day and ending on the last day of each calendar month, though we reserve the right to change the Billing Cycle at any time. Any and all late payments shall accrue interest at the rate of one and one half percent (1.5%) per month (or the highest rate permitted by law, whichever is less). In addition, you are responsible for paying any reasonable expenses and attorneys fees that we incur in connection with collecting late amounts. The Fees are exclusive of any sales or other taxes (exclusive of taxes on our income).

4. License
4.1 You hereby grant the Company a non-exclusive, worldwide, paid-up, royalty-free, transferable (in the event of a sale or other change of control of the Company’s business) right and license to use the name and logo of your tanning salon, including any associated trade or service marks, on any of our websites or other marketing materials to indicate your participation in the Program. We may sublicense this right to any of our affiliates. This license will terminate in the event this Agreement is terminated pursuant to Section 5, in which we will remove your marks from our websites and marketing materials within a commercially reasonable period of time.

5. Term and Termination
5.1 Term. This Agreement is effective as of the date you register for the Program and shall remain in full force and effect until terminated by either party in accordance with this Section 5.
5.2 Termination by Client. You may terminate this Agreement and your participation in the Program at any time for convenience upon two (2) business day’s prior, written notice to the Company. Upon such termination, the Company will bill your credit card for the Fees for all Billable Events that occurred during the month up to the date of termination as well as for any outstanding balances. In addition, the Directory will cease listing you as a participating Business.
5.3 Termination by the Company. We may terminate this Agreement and your participation in the Program at any time for convenience at any time upon notice (which we may provide by email).
5.4 Survival. In the event of any termination of this Agreement, you will remain responsible for any Fees with respect to any Billable Events occurring prior to the effective date of termination. In addition, the following provisions shall survive any termination of this Agreement: this Section 5.4 (“Survival”), Section 6 (“Disclaimer and Limitation of Liability”), Section 7 (“Indemnification”), Section 8 (“Representations and Warranties”) and Section 9 (“General Provisions”).

6. Disclaimer and Limitation of Liability.
6.1 THE PROGRAM AND ANY OTHER SERVICES PROVIDED BY THE COMPANY IN CONNECTION WITH THIS AGREEMENT ARE SUPPLIED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT UNDER APPLICABLE LAW, THE COMPANY MAKES NO, AND DISCLAIMS ALL, WARRANTIES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), GUARANTEES, AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY DOES NOT WARRANT OR GUARANTY THE NUMBER OF USER INQUIRIES, APPOINTMENTS, RESPONSE RATES AND/OR PLACEMENT RATES. THE COMPANY WEBSITES, DATABASES AND/OR PROGRAMS MAY CONTAIN BUGS, ERRORS, PROBLEMS AND/OR OTHER LIMITATIONS. THE COMPANY HAS NO LIABILITY, WHATSOEVER, TO THE BUSINESS OR ANY THIRD PARTY, FOR ANY OTHER PARTY'S SECURITY METHODS AND PRIVACY PROTECTION PROCEDURES AND/OR ANY PARTY'S USE OF, OR INABILITY TO USE, THE COMPANY WEBSITES, DATABASES AND/OR PROGRAMS. THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, THAT ANY OTHER PARTY'S SECURITY METHODS, PRIVACY PROTECTION PROCEDURES AND/OR ANY PARTY'S USE OF THE COMPANY WEBSITE, DATABASES AND/OR PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY MAKES NO GUARANTEES, AND ACCEPTS NO LIABILITY FOR, THE NUMBER OR CHARACTERISTICS OF LEADS THE DIRECTORY WILL MAKE TO YOUR BUSINESS. IN NO EVENT SHALL THE COMPANY BE RESPONSIBLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOST REVENUE OR PROFITS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY WILL NOT BE LIABLE, OR CONSIDERED IN BREACH OF THE AGREEMENT, ON ACCOUNT OF A DELAY OR FAILURE TO PERFORM UNDER THE AGREEMENT, AS A RESULT OF CAUSES OR CONDITIONS THAT ARE BEYOND THE COMPANY’S CONTROL. IN ADDITION, AND NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE COMPANY’S LIABILITY UNDER ANY CAUSE OF ACTION ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT OR OTHERWISE SHALL BE LIMITED TO THE FEES PAID TO THE COMPANY BY YOU PURSUANT TO THE AGREEMENT OVER THE SIX (6) MONTHS PRIOR TO THE DATE THE CAUSE OF ACTION AROSE. THE COMPANY SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY ACTIONS OR INACTIONS OF ITS AFFILIATES OR SUB-LICENSEES.

7. Indemnification
7.1 You will defend, indemnify, and hold harmless, the Company and its affiliates, and each of our and their respective officers, directors, members, managers, employees, sublicensees, contractors and agents (collectively, “Indemnified Parties”) from and against any and all claims, actions, losses, liability, damages, fines, costs, and expenses (including reasonable attorney's fees and expenses) arising from or related to: (a) any breach of the Agreement by you (including, but not limited to, any representations and warranties made herein); (b) any violation of any law or regulation arising from or in connection with your participation in the Program; (c) any allegation that you have infringed upon the trademark, trade name, service mark, copyright, license, intellectual property or other proprietary right of any third party; (c) any claim by any User or any other third party related to you or your services; and (d) any User dispute with you, any injury suffered by a User at your Business or any other User-related issue.

8. Representations and Warranties
You represent, warrant and covenant that at all times during the term of this Agreement:
8.1 The individual accepting this Agreement is authorized to act on behalf of you and to bind you to this Agreement;
8.2 You have the full power and authority to conduct your business, to enter into this Agreement, and to perform your obligations under this Agreement;
8.3 Your execution, delivery and performance of this Agreement will not conflict with or violate: (a) any provision of law, rule or regulation to which you are subject; (b) any order, judgment or decree applicable to you; (c) any provision of your organizational documents; or (d) any agreement or other instrument applicable to you; and
8.4 You will comply with all applicable federal, state and local laws, rules, regulations, court orders, judgments and decrees.

9. General Provisions
9.1 Confidentiality. You may not disclose the terms or conditions of this Agreement or the amount of the Fees to any third party, except to your professional advisors under a strict duty of confidentiality or as necessary to comply with applicable laws or regulations.
9.2 Notices. All notices to the Company shall be sent to PO Box 985, New York, NY 10026. Any notices to you may be effected by sending an email to the email address specified in your Program account or by posting a message to your account interface, and shall be deemed received when sent (for email) or twenty-four (24) hours after having been posted (for messages in your account interface).
9.3 Policies. Your participation in the Program shall be subject to all applicable Company policies including, without limitation, the TanningNearYou Website Privacy Policy (www.TanningNearYou.com/privacy) and the TanningNearYou Terms and Conditions (www.TanningNearYou.com/terms) (collectively, “Policies”). The Policies may be modified by the Company at any time. The latest Policies can be found on any of our websites. You should review the Policies regularly. By your continued participation in a Program, you agree to all of the associated terms and conditions contained within the Policies effective at that time.
9.4 Force Majeure. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under this Agreement (other than any obligation to make payments) due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance shall be excused and the time for performance shall be extended for the period of delay or inability to perform due to such occurrence.
9.5 Waiver. The waiver by either party of a breach or a default of any provision of this Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or any other provision, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has, or may have hereunder, operate as a waiver of any right, power or privilege by such party.
9.6 No Agency; Independent Contractors. Nothing contained in this Agreement shall be deemed to imply or constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
9.7 Governing Law and Forum. This Agreement, and any disputes arising directly or indirectly from this Agreement, shall be governed by and construed in accordance with the laws of the State of New York, without regard to its choice of law provisions. Each of the parties hereby irrevocably consents and submits to the exclusive jurisdiction of the state and federal courts located in New York County, New York for any such disputes, and hereby irrevocably waives any objections to the laying of venue in such courts.
9.8 Entire Agreement; Amendment. This Agreement constitutes the entire agreement between the parties with regard to the subject matter hereof. We may modify the terms of this Agreement at any time without liability, and your use of the Program after notice that the terms of this Agreement have changed constitutes your acceptance of the new terms.
9.9 Headings. Captions and headings contained in this Agreement have been included for ease of reference and convenience and shall not be considered in interpreting or construing this Agreement.
9.10 Costs, Expenses and Attorneys' Fees. If either party commences any action or proceeding against the other party to enforce or interpret this Agreement, the prevailing party in such action or proceeding shall be entitled to recover from the other party the actual costs, expenses and reasonable attorneys' fees (including all related costs and expenses), incurred by such prevailing party in connection with such action or proceeding and in connection with obtaining and enforcing any judgment or order thereby obtained.

[eileen]

BTW there is no CANCEL button.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, PLEASE CLICK THE "CANCEL" BUTTON. YOU WILL NOT BE PERMITTED TO PARTICIPATE IN THE PROGRAM UNLESS YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

[frankie]

i got 6 emails form the same email address. booger@hotmail.com was charged for 1. i already dropped out of this one time and it looks like i am heading that way again. i plan on speaking with Rick Monday.

[engfant]

Originally Posted by eileen

OK I am a paying customer for tanningnearyou. I just did a search for my town and I'm the only salon listed. I did a search for my county and I'M NOT LISTED! However, just about every other salon that doesn't have an account is LISTED. WOW this company just can't get it right.

They never intended for it to actually "work". Just make it appear to be doing something and get the money. Actually it's more of a front to get people to authorize random debiting from their accounts.

As soon as I got that first FAKE e-mail (I think they make calls too but not sure.) I knew they were bullshitting. I REFUSED and still was getting e-mails.

They don't care. It's just
-COLLECT E-MAIL ADDRESSES
-SEND OUT FAKE E-MAIL (or phone call) TO MAKE IT APPEAR TO BE WORKING
-HOPE THE PEOPLE FORGET THAT EVERY MONTH THERE'S GOING TO BE RANDOM DEBITS REGARDLESS.
-MAKE IT IMPOSSIBLE TO CANCEL.

You want to know why I HATE EFTs???? Cause they are tool #1 FOR THE SUPER SCAM ARTISTS.

How's CRUNCH Gyms doing these days? Being sued out of existence for making it impossible to stop the auto debits eh?

If the company's revenue model has NOTHING to do with the sales pitch, IT'S A SCAM.

This company's revenue model CLEARLY has nothing to do with what you are investing in or you'd see RESULTS other than being broker than you were before you signed up.

[engfant]

I was going to bitch about the 2 threads going on this but DAM it's almost necessary!

"BTW there is no CANCEL button."

COME ON! This HAS to be a joke.

[frankie]

Hope everyone doesn`t mind but i just combined them together. Sorry Eggie i had already done it before reading your post.

BTW i had no problem canceling before. All i did was send Rick an email and he took care of it.

[eileen]

I can't even imagine a salon owner agreeing to this. People that don't read TOS agreements will learn the hard way.

4. License
4.1 You hereby grant the Company a non-exclusive, worldwide, paid-up, royalty-free, transferable (in the event of a sale or other change of control of the Company’s business) right and license to use the name and logo of your tanning salon, including any associated trade or service marks, on any of our websites or other marketing materials to indicate your participation in the Program. We may sublicense this right to any of our affiliates. This license will terminate in the event this Agreement is terminated pursuant to Section 5, in which we will remove your marks from our websites and marketing materials within a commercially reasonable period of time.

[eileen]

They even have the nerve to toss in that they have the right to sublicense this right to any affiliate they choose! Why would I release my logo and my brand name to them or their affiliates to use if I am the one paying for their services?

[eileen]

Here's another one for you.... some of you may know what happened to facebook when they tried to sneak in a TOS change.

The Policies may be modified by the Company at any time. The latest Policies can be found on any of our websites. You should review the Policies regularly. By your continued participation in a Program, you agree to all of the associated terms and conditions contained within the Policies effective at that time.

So unless you check this every single day they can toss in whatever they like. If done professionally they should notify all of it's members by email each time there is a TOS or Privacy change made. Under the current terms they can add an additional $50 a month service fee is they feel they suddenly want to.

[engfant]

The only thing that we should be agreeing on is that this site GOES AWAY.

[kookyguy]

Wow! Why on earth would anyone agree to those terms?
Next they are gonna sub lease your restroom to hookers LOL.

[eileen]

1.2 Your Business Receives Email Notification of Users. The Company will email the information provided by the User to the email address your Business provided at time of registration.

Is anybody else getting these email notifications? I used to get them but they stopped right when that heavy activity month hit the credit card so I had no idea it more then tripled. I don't have a problem with it or paying it if the activity is real, I just can't get by accepting the current TOS so I can't login to verify them. Basically I can't (won't) access my account.