Terms of Service

GLAMTECH CORPORATION

Terms of Service

 

Last Update: May 1, 2018

This Terms of Service (“User Terms” or “Agreement”) is a legally binding agreement between you i.e., the User (“User,” “you,” “your”) and Glamtech Corporation (“Glamtech,” “we,” “us,” “our”). The User acknowledges and agrees that its use of the Glamtech website i.e., www.glamtech.co (“Website”) and the Glamtech mobile application (“App”) is governed by these User Terms. User should ensure strict compliance with the User Terms.

 

Glamtech provides digital skincare technology services (“Services”) to its Users via its Website and its App.

 

GLAMTECH DOES NOT PROVIDE MEDICAL ADVICE TO ITS USERS.

 

You may access our Services by logging into the Website or by downloading the App.

 

If you are unsure as to User Terms set herein, please do not proceed further and contact us at contact@18.191.246.219. PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. PLEASE NOTE THAT THESE TERMS CONTAIN A BINDING AND MANDATORY ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND LIMITS REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.

 

IF YOU DO NOT AGREE WITH THE TERMS SET FORTH HEREIN, DO NOT REGISTER ON OUR WEBSITE OR DOWNLOAD OUR APP OR USE OUR SERVICES. IF YOU USE AND/OR ACCESS OUR WEBSITE, OUR APP, AND/OR OUR SERVICES, YOU ARE BOUND BY THESE USER TERMS.

 

Capitalized terms not defined herein will have the same meaning ascribed to them in the Privacy Policy or any related documents.

 

BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, BY REGISTERING ON OUR WEBSITE, DOWNLOADING OUR APP, ESTABLISHING AN ACCOUNT, USING THE SERVICES, AND/OR NAVIGATING THROUGH OUR WEBSITE AND/OR APP, YOU AGREE THAT (A) YOU HAVE READ AND UNDERSTOOD THE AGREEMENT; (B) REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD; (C) YOU CAN FORM A BINDING CONTRACT; AND (D) YOU ACCEPT THE AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AS WELL AS THE PRIVACY POLICY REFERENCED HEREIN. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE USER TERMS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

 

  1. TERRITORY

Our Website, App and Services are for use only in the United States of America (“US”). Our Services are not for use in the European Union (“EU”) and in Switzerland. Users are required to ensure that they are legally able to use our Services, and if not, cease using them immediately. If you register from the EU or Switzerland, we will de-register you as soon as we discover such unauthorized registration.

 

  1. ELIGIBILITY

You, as an individual, must be 18 years or older, and must be capable of forming a legally binding agreement and must not be barred from receiving services under the laws of the US or other applicable jurisdiction in order to access and/or use our Service our Website and/or App.

 

  1. PRIVACY POLICY

Please refer to our Privacy Policy for information about how we collect, use and disclose information about our Users.

 

  1. DISCLAIMER REGARDING INFORMATION CONTAINED ON OUR WEBSITE AND/OR APP

No Medical Advice. The use of this Website is not meant to serve as a substitute for professional medical advice. NO PRESCRIPTION MEDICATION AND/OR MEDICAL TREATMENT IS INTENTIONALLY PROVIDED BY US VIA OUR WEBSITE AND/OR OUR APP OR OTHERWISE. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition that you may have. GLAMTECH DOES NOT GIVE OR INTEND TO GIVE ANY ANSWERS TO MEDICAL RELATED QUESTIONS ON ITS WEBSITE AND/OR APP. GLAMTECH DOES NOT REPRESENT ITSELF AS A PHYSICIAN NOR IS THIS IMPLIED. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

 

GLAMTECH DOES NOT PROVIDE MEDICAL ADVICE TO ITS USERS.

 

Disclaimer Regarding Website Content. Our Website and/or App contains, reviews, opinions, recommendations, and information regarding products and services manufactured or provided by third parties. We are not responsible in any way for such products and services, and nothing contained on the Website and/or App should be construed as a guarantee of the functionality, utility, safety or reliability of any products or services reviewed, discussed or displayed on the Website and/or App. Please follow the directions provided by the manufacturer or service provider when using any product or service reviewed or discussed on the Website and/or the App.

 

We do not warrant the accuracy, completeness or usefulness of the information provided on our Website and/or App. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website and/or App, or by anyone who may be informed of any of its contents. Some people may find success with a particular product that is not recommended or even mentioned on our Website and/or App, or they may be partial to a skin-care routine Glamtech have reviewed negatively. More important, because everyone’s skin can, and probably will, react to an external stimulus at some time, any product could cause a negative reaction on skin at one time or another.

 

IF YOU DEVELOP A REACTION TO A PRODUCT, STOP USING IT IMMEDIATELY AND CONSULT YOUR PHYSICIAN. IF YOU NEED MEDICAL ADVICE CONSULT A PHYSICIAN.

 

  1. ACCESSING OUR SERVICES, WEBSITE AND APP

Registration. In order to Register for our Service through our Website and/or App, you agree to: (a) provide true, accurate, current and complete information about yourself (“User Data”) and (b) maintain and promptly update the User Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, you may not be able to completely enjoy our Website and/or App or our Services and we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

 

Amendment of Terms. You agree that Glamtech retains the right to amend these User Terms, Services, and the Website and/or App, including service offerings and prices at any time, for any reason. If we make any changes, modifications, or amendments to the User Terms, Services, and the App, such modifications shall be binding on you only upon your acceptance of the modified User Terms. We will inform you about the modifications via email or comparable means 15 days before such modifications take effect. We will also post the modifications here and on this page. Continued use of our Services and/or the App after any such changes shall constitute your consent to such changes.

 

Access and Use Rights. Subject to your compliance with the User Terms, we grant you a limited, personal, non-exclusive, revocable, and non-sublicensable license to access our Services using our Website. If you access our Services by using our App, we grant you a limited, non-exclusive, revocable, non-exclusive, non-sublicensable, and nontransferable license to: (a) download, install, and use the App for your use in accordance with these User Terms on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with this User Terms, and (b) to access, stream, download and use on such Mobile Device content and Services made available in or otherwise accessible through the App, strictly in accordance with this User Agreement.

 

Glamtech expressly retains all ownership rights, title and interest in and to all aspects of the Website, the App and the Services, including, but not limited to, all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Website and/or the App. You may not modify the Website and/or the App nor create derivative works thereof, or reverse engineer, reverse compile, reverse assemble or do any other similar operation with the Website and/or the App that would reveal any source code, trade secrets, know-how or other proprietary information. These rights shall not be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess or control the source code or any other aspect of the Website and/or the App. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the Website and/or the App or displayed by, on, or in the Website and/or the App. You may use the Website and/or the App only while these User Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Website and/or the App after any termination or expiration of this Agreement for any reason.

 

Service Restrictions. You agree that the Services, including but not limited to the App, the Website, the graphics, trademarks, and editorial content, contain proprietary content, information and material, are owned by Glamtech and/or its licensors, including our customers, brands and agencies, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for your permitted use of the Services or in any manner that is inconsistent with the terms of this User Terms.

 

Password. You will create a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Glamtech of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Glamtech cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

 

User Content. Glamtech does not claim ownership rights in any information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials or content you make available or use in connection with the Website, the App and the Services or use in connection with your account (the “User Content”). You remain the owner of all User Content that you submit as a condition to your use of the Website, the App and the Services, you represent and warrant to Glamtech that you are the owner of the copyright to the User Content you submit to the Website and/or the App or that you have written permission from the copyright owner to submit such content. You agree to indemnify and hold Glamtech harmless for any violation of this section. The copyright in the User Content that you upload belongs to you, and Glamtech does not claim any ownership or license rights in or to any User Content and will not use any User Content except as set forth in this Agreement.

 

Submissions. User Content that you upload on the Website or via the App should not include the following: (i) any threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law; (ii) any material that could infringe rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) whose likenesses are displayed in the material; or (iii) any material sent from an anonymous or false address.

 

PLEASE NOTE, Glamtech does not, and cannot, review all material on the Website and/or the App, and is not responsible for its content. However, Glamtech reserves the right to remove, delete, move, or edit User Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of the law, including but not limited to copyright or trademark law, or otherwise unacceptable. Glamtech will not be liable for the User Content of any submission and you agree to indemnify and hold Glamtech harmless for any violation of this provision.

 

  1. PRICING AND PAYMENT

Accessing and using the Glamtech Website and/or the App and the Services is currently free of cost. However, Glamtech reserves the right to charge a subscription fee in the future. In the event that Glamtech modifies this clause to include a subscription fee in the future, Glamtech will provide communicate such modification to the User as per the procedure detailed under Section 5 “Amendment of Terms”.

 

  1. DATA CHARGES

You are responsible for any mobile charges that you may incur for using our Services, our Website and our App, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using our Website, App and Services.

 

  1. GLAMTECH COMMUNICATIONS

By establishing an account with Glamtech, you agree to receive communications from us, including via e-mail and/or push notifications.

 

Email. If you wish to not receive any promotional emails from Glamtech please email support@18.191.246.219 or follow the unsubscribe options in the promotional emails. You may not be able to unsubscribe from receiving essential Service-related and account-related informational (transactional) emails from Glamtech. If you do wish to unsubscribe from such emails, please send your request to support@18.191.246.219 with subject line: “Unsubscribe from Glamtech Transactional Emails.” Please note that unsubscribing from such emails will impact your use and enjoyment of the Glamtech Website, App and the Services and can also impact your communication with us.

 

Push Notifications. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of our Services.

 

  1. THIRD PARTY SOFTWARE

In providing you the Services, we will make software, hyperlinks, and other products of third-party companies available to you, your use of such products is subject to the respective terms and conditions imposed by the third party owning, manufacturing or distributing such products, and the agreement for your use will be between you and such third-party. Glamtech makes no warranty with regard to the products or website of any other entity. Glamtech has no control over the content or availability of any third-party software or website. In particular (a) Glamtech makes no warranty that any third-party software you download or website you visit will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses; (b) Glamtech makes no warranty regarding your third-party cloud back-up services that you will integrate to use our Services and/or the App; and (c) Glamtech notifies you that it is your responsibility to become familiar with any website’s privacy and other policies and terms of service, and to contact that site’s webmaster or site administrator with any concerns including those of your third-party cloud back-up services.

 

  1. DISCLOSURE OF USER CONTENT

You acknowledge, consent and agree that Glamtech may access, preserve, and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these User Terms; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Glamtech, its users and the public.

 

  1. SUSPENSION & TERMINATION

Glamtech reserves the right to suspend or terminate your account and use of the Website and/or the App, at any time, without notice, for any reason, including but not limited to the following:

  1. Breach of these User Terms, including policies or guidelines set forth by Glamtech elsewhere;
  2. Conduct that Glamtech believes is harmful to other users of the Services or the business of Glamtech or other third-party information providers (including excessive file transfers which affect the performance of the Glamtech servers).

 

Further, you agree that Glamtech shall not be liable to you or any third party for any termination of your access to the Website and/or the App. Glamtech reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Glamtech shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

 

You may terminate your account and discontinue the use of the Website and/or the App and the Services by sending a written notice to us at support@18.191.246.219 and include in the subject line the following: “Re: Termination of Services”. Your account will be terminated with 20 days of Glamtech receiving the notice of Termination of Service.

 

UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED VOLUNTARILY OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU.

 

Sections 5, 8, 9, 10, 11, 13 – 17, 22, 23, and 24 will survive any termination or expiration of this Agreement.

 

  1. THIRD-PARTY ACTIONS

You acknowledge that Glamtech does not and cannot control the flow of data to or from the Services or within any portion of the Internet. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or omissions of such third-parties can impair or disrupt your connections to the Internet (or portions thereof). Although Glamtech will use commercially reasonable efforts to take actions it deems appropriate to remedy and avoid such events with respect to your use of the Services, Glamtech cannot guarantee that such events will not occur. Accordingly, Glamtech disclaims any and all liability resulting from, or related to, such events.

 

  1. CODE OF CONDUCT

The following rules of Conduct (“Code of Conduct”) apply to the access and/or use of our Website, the App and/or the Services. By using/accessing our Website, the App and/or Services, you agree that you will not distribute any content that:

  1. is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; is bigoted, hateful, or racially or otherwise offensive; is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or otherwise harms or can reasonably be expected to harm any person or entity;
  2. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
  • infringes or violates any right of a third party including: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation;
  1. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
  2. contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Website and/or the App or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Services;
  3. does not generally pertain to the designated topic or theme of the Website and/or the App;
  • violates any specific restrictions applicable to a public forum, including its age restrictions and procedures; or
  • is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.

 

You also expressly agree that you are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in any unacceptable uses of the Services, which include, without limitation, use of the Services, the Website and/or App to:

 

  1. register for the Website and/or the App and/or the Services if you have not acknowledged reading and agreed to abide by these User Terms and the Privacy Policy;
  2. interfere, disrupt or attempt to gain unauthorized access to other accounts on the Website and/or the App or any other computer network;
  3. use the Website and/or the App or the Services in connection with any commercial endeavors without receiving Glamtech’s prior written approval;
  4. post your personal information such as instant messaging addresses, personal URLs, physical addresses and phone numbers in any publicly viewable areas of the Website and/or the App;
  5. post or give out any financial information or transmit electronically or physically any money to other Users;
  6. create user accounts by automated means or under fraudulent or false pretenses;
  7. create or transmit unsolicited electronic communications such as spam to Users or promote any products or services;
  8. submit or upload any type of material that is unlawful, harmful, hateful, threatening, abusive, harassing, defamatory, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Glamtech;
  9. submit or upload any content for which you do not own all applicable rights or that infringes the proprietary rights of other parties;
  10. submit, engage in or upload any type of competitions or content that can cause physical or mental harm to the participants or visitors to the Website and/or the App;
  11. harass, threaten or intentionally embarrass or cause harm or distress to another person or group;
  12. collect and publish any information about any of our Users;
  13. adapt, modify or reverse engineer any portion of the Services, Website or the App;
  14. use any spider, robot, retrieval application, or any other device to retrieve any portion of the Website and/or the App;
  15. reformat any of the pages that are part of the Website and/or the App;
  16. disseminate, store or transmit viruses, worms, Trojan horses or other malicious code or program;
  17. encourage conduct that would constitute a criminal or civil offense;
  18. violate any applicable federal, state, local or international law or regulation;
  19. exploit children under 18 years of age;
  20. invade the privacy of any person, including but not limited to submitting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age);
  21. solicit personal information from a child under 13 years of age;
  22. submit false or misleading information to Glamtech, the Website, the App, Services, or other Users; or
  23. engage in any other activity deemed by Glamtech to be in conflict with the spirit of these User Terms and the Privacy Policy.

 

We cannot and do not assure that other Users are or will comply with the foregoing rules of conduct or any other provisions of these User Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

 

  1. CONFIDENTIALITY

In the event that any information is disclosed to you through your access to the Services related in any way to Glamtech and Glamtech’s business and its customers which we deem to be confidential and proprietary, you agree to promptly notify Glamtech about such disclosure and hold such information in the strictest of confidence.

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Feedback”), provided by you to us are non-confidential and we will be entitled to the unrestricted use and dissemination of these feedbacks for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

  1. INDEMNIFICATION

You will indemnify, defend and hold Glamtech and our officers, employees, managers, directors, customers and agents (the “Glamtech Indemnified Parties”) harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneys’ fees) resulting from any claim, suit, action, demand or proceeding brought by any third party against Glamtech Indemnified Parties arising from any of the following: (i) a breach of this Agreement; (ii) the negligence, gross negligence or willful misconduct of you or your employees, agents or contractors; (iii) incorrect information provided by you in your Account or elsewhere; or (iv) a failure by you or your employees, agents, contractors or invitees to comply with applicable laws and regulations.

 

  1. DISCLAIMER OF WARRANTIES

Your access to and use of the Website and/or the App and the Services or any content are at your own risk. You understand and agree that the Website and/or the App and the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, GLAMTECH DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Glamtech makes no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Website and/or the App and the Services or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website and/or the App and the Services or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Website and/or App and the Services; and (iv) whether the Website and/or the App and the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Glamtech or through the Services, will create any warranty or representation not expressly made herein.

 

  1. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GLAMTECH WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE AND/OR THE APP AND THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE AND/OR THE APP AND THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT WILL THE AGGREGATE LIABILITY OF GLAMTECH EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID GLAMTECH, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION WILL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT GLAMTECH HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

YOU AND (IF APPLICABLE) YOUR PERSONAL REPRESENTATIVE, KNOWINGLY AND FREELY ASSUME ALL RISK WHEN ACCESSING THE WEBSITE AND/OR THE APP AND THE SERVICES AND THE APP. YOU, ON BEHALF OF YOURSELF, AND (IF APPLICABLE) YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY GLAMTECH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY CLAIMS, DISPUTES, DEMANDS, LIABILITIES, DAMAGES, LOSSES, AND COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR ACCESS TO OR USE OF THE WEBSITE AND/OR THE APP OR THE SERVICES (II) YOUR USE OF THE WEBSITE AND/OR THE APP AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, FOR BODILY INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM THE USE OF THE WEBSITE AND/OR THE APP OR THE SERVICES, (III) VIOLATION OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES CONTAINED HEREIN AND FOR BODILY INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE WEBSITE AND/OR THE APP AND THE SERVICES, (IV) CLAIMS, OR ANY DECISION BY A COURT, ARBITRATOR, OR GOVERNMENT AGENCY, THAT GLAMTECH IS OBLIGATED TO PAY ANY WITHHOLDING TAXES, SOCIAL SECURITY, UNEMPLOYMENT OR DISABILITY INSURANCE OR SIMILAR ITEMS IN CONNECTION WITH ANY PAYMENT RECEIVED BY YOU UNDER THE TERMS, (V) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY RIGHT OF PRIVACY OR INTELLECTUAL PROPERTY RIGHTS, (VII) YOUR VIOLATION OF ANY APPLICABLE LAW, RULE OR REGULATION, (VIII) YOUR WILLFUL MISCONDUCT, OR (IX) ANY OTHER PARTY’S ACCESS AND USE OF THE SERVICE WITH YOUR UNIQUE USERNAME, PASSWORD OR OTHER APPROPRIATE SECURITY CODE.

 

  1. COPYRIGHT INFRINGEMENT/DMCA NOTICE

If you believe that any content on our Website and/or App violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c) (“DMCA Takedown Notice”) must be provided to our designated Copyright Agent. It is our policy to terminate the accounts of repeat infringers.

 

  • Your physical or electronic signature;
  • Identification of the copyrighted work(s) that you claim to have been infringed;
  • Identification of the material on our services that you claim is infringing and that you request us to remove;
  • Sufficient information to permit us to locate such material;
  • Your address, telephone number, and e-mail address;
  • A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

 

The Glamtech Copyright Agent to receive the DMCA Takedown Notices is Ms. Gbemisola Ogunyomi, Glamtech Corporation, Attn: DMCA Notice, 73 Jim Elder Drive, Campbell, CA 95008. You acknowledge that for us to be authorized to take down any content, your DMCA takedown notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

 

  1. ASSIGNMENT

This Agreement is only for your benefit. You will have no right to assign this Agreement or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment will be void.

 

  1. ANTI-BRIBERY AND EXPORT COMPLIANCE

You agree not to promote, approach or use, distribute, transfer, provide, sub-license, share with, or otherwise offer the Website, App and/or the Services in violation of any Laws or this Agreement, including, without limitation, the United States Foreign Corrupt Practices Act, the UK Bribery Act and similar anti-corruption statutes in all jurisdictions. Without limiting the foregoing, you will not knowingly directly or indirectly export, re-export, transfer, make available or release (collectively, “Export”) the Services to any destination, person, entity or end use prohibited or restricted under US law without prior US government authorization to the extent required by regulation, including without limitation, any parties listed on any of the denied parties lists or specially designated nationals lists maintained under the EAR or the Security, and the Foreign Asset Control Regulations (31 CFR 500 et seq.) administered by the US Department of Treasury, Office of Foreign Assets Control without appropriate US government authorization to the extent required by regulation.

 

  1. RELATIONSHIP OF PARTIES

The parties hereto are independent contractors, and nothing contained herein will be interpreted as creating any relationship other than that of independent contracting parties. The parties will not be construed as being partners, joint ventures, shareholders, employer/employee, agent/servant. The User has no power or authority to bind Glamtech to any obligation, agreement, debt or liability. The User will not hold itself out as an agent or representative of Glamtech.

 

  1. GOVERNING LAW

This Agreement will be governed by the law of the State of California, without respect to its conflicts of laws principles.  Each of the parties to this Agreement consents to the exclusive jurisdiction and venue of the state and federal courts located in California, for any actions not subject to Dispute Resolution and Arbitration provisions as set forth in Section 23.

 

  1. DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH Glamtech AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

 

Binding Arbitration

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Glamtech agree (a) to waive your and Glamtech’s respective rights to have any and all Disputes arising from or related to this Agreement, use of our Services and the App, resolved in a court, and (b) to waive your and Glamtech’s respective rights to a jury trial. Instead, you and Glamtech agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

 

No Class Arbitrations, Class Actions or Representative Actions

You and Glamtech agree that any Dispute arising out of or related to these Terms or the Sites, Content or Products is personal to you and Glamtech and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Glamtech agree that there will be no class arbitration or arbitration in which an individual attempt to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Glamtech agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

 

Federal Arbitration Act

You and Glamtech agree that these Terms affect interstate commerce and that the enforceability of this Section 23 will be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

 

Notice; Informal Dispute Resolution

You and Glamtech agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Glamtech will be sent by certified mail or courier to Glamtech Corporation, Attn: Legal, 73 Jim Elder Drive, Campbell, CA, 95008. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Glamtech account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with this Agreement and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Glamtech cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Glamtech may, as appropriate and in accordance with this Section 23, commence an arbitration proceeding.

 

Process

EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND GLAMTECH AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR GLAMTECH WITHIN (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND GLAMTECH WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and Glamtech agree that  (a) any arbitration will occur in San Francisco, California, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section, and (c) that the state or federal courts of the State of Illinois, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.

 

Authority of Arbitrator

As limited by the FAA, these Terms and the applicable AAA rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitral, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. Notwithstanding anything to the contrary herein or the applicable AAA rules. discovery in the arbitration will be limited to one set of interrogatories, one set of request for admissions, and one set of request for production of documents.

 

The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. We will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

 

Rules of AAA

The AAA Rules are available at www.adr.org/arb_med  or by calling the AAA at 1-800-778-7879. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of AAA, or (b) waive your opportunity to read the rules of AAA and any claim that the rules of AAA are unfair or should not apply for any reason.

 

Severability

If any term, clause or provision of this Section 23 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 23 will remain valid and enforceable. Further, the waivers set forth herein are severable from the other provisions of these User Terms and will remain valid and enforceable, except as prohibited by applicable law.

 

Opt-Out Right

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 23 by writing to: Glamtech Corporation, Re: OPT-OUT, [73 JIM ELDER DR, CAMPBELL CA 95008]. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 23.  

 

  1. MISCELLANEOUS

This Agreement along with the Privacy Policy constitutes the entire agreement between you and us and supersedes any prior agreements between you and us with respect to the subject matter herein. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, we both nevertheless agree that the court should endeavor to give effect to our intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. All the sections intended to survive the termination of this Agreement will survive. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Except as explicitly stated otherwise, any notices to Glamtech will be given by certified mail, postage prepaid and return receipt requested to Glamtech Corporation at 73 Jim Elder Drive, Campbell CA 95008. Any notices to you will be provided to you through our Website and/or App or given to you via the email address or physical address you provide to Glamtech during the registration process.