Welcome to Glowgenix.com. These Terms & Conditions apply to the Glowgenix website located at www.glowgenix.com and all other sites, mobile sites, services, applications, platforms, and tools where these Terms & Conditions appear or are linked (collectively, the “Site”). As used in these Terms & Conditions, “Glowgenix”, “us”, or “we” refers to Glowgenix Corporation and its subsidiaries and affiliates.
Your use of this website is governed by these Terms & Conditions. By accessing or otherwise using the site you agree to these Terms & Conditions. Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the Site. Certain areas within the Site may be governed by additional terms (“Additional Terms”). By using those areas of the Site, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms & Conditions, and any reference to these Terms & Conditions includes the Additional Terms.
All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software, Application updates, and other material (collectively “Content”) is owned or licensed property of Glowgenix or its suppliers or licensors and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of Glowgenix Brands, Inc. and protected by U.S. and international copyright laws. Glowgenix and its suppliers and licensors expressly reserve all intellectual property rights in all Content.
License & Access
Glowgenix grants you a limited license to access and make personal use of the Site and the Content for noncommercial purposes only and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the “Unlawful or Prohibited Uses” section of these Terms & Conditions. You may download, print, and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. Accessing, downloading, printing, posting, storing, or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions. The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.
Unlawful or Prohibited Use
The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this Site, you warrant to Glowgenix that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, you may NOT:
- Make any commercial use of the Site or its Content, including making any collection or use of any product listings, descriptions, prices, or images;
- Download, copy, or transmit any Content for the benefit of any other merchant;
- Ese or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Glowgenix or generally publicly available browsers;
- Frame, mirror, or use framing techniques on any part of the Site without Glowgenix’s express prior written consent;
- Make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms & Conditions;
- Use any meta tags or any other hidden text utilizing Glowgenix’s name or marks;
- Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
- Use a buying agent to conduct transactions on the Site;
- Conduct fraudulent activities on the Site;
- Violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Site, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing”; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the Glowgenix Site) or to the Site (impersonating another user);
- Send unsolicited or unauthorized email on behalf of Glowgenix, including promotions and/or advertising of products or services;
- Tamper with the Site or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;
- Use the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
- Harvest or collect personally identifiable information about other users of the Site;
- Restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
- Use the Site to advertise or offer to sell or buy any goods or services without Glowgenix’s express prior written consent;
- Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site;
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site; or
- Remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.
You may be required to register with Glowgenix in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you the user name you request. Your user name and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to Glowgenix including those set forth in these Terms & Conditions, Glowgenix reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.
Modification And Termination
Glowgenix may at any time: (i) modify or discontinue any part of the Site; (ii) charge, modify, or waive fees required to use the Site; or (iii) offer opportunities to some or all Site users. Glowgenix reserves the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms & Conditions. You can determine when these Terms & Conditions were last revised by referring to the “Last Updated” legend at the top of these Terms & Conditions. Your continued use of the Site will indicate your acceptance of the current Terms & Conditions; however, any material change to these Terms & Conditions after your last usage of the Site will not be applied retroactively. Except for such material changes, the Terms & Conditions that were in effect at the time any claim or dispute arose between you and us will be applied.
Glowgenix reserves the right, without notice and in its sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site (i) if you violate any of these Terms & Conditions, (ii) for any other reason, or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.
You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.
User Reviews, Comments, And Submissions
Glowgenix welcomes your reviews, comments, and other communications, photos, videos, or any other content that you submit through or to the Site (“User Content”) as long as the User Content submitted by you complies with these Terms & Conditions as well as Glowgenix’s
General Review Writing Guidelines, which are incorporated into these Terms & Conditions in their entirety.
You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and Glowgenix assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party.
For any User Content you submit, you grant to Glowgenix a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to Glowgenix the right to include the name provided along with the User Content submitted by you; provided, however, Glowgenix shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
Content is also provided by third party visitors to the Site. Please note that Site visitors may post content that is inaccurate, misleading, or deceptive. Glowgenix neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. Glowgenix will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of Glowgenix.
If you wish to purchase any product or service made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to Glowgenix the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. All DVDs and similar products sold are for private, non-public, home use (where no admission fee is charged) and may not be duplicated. Glowgenix reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
Glowgenix or our agents may call or text by telephone regarding your account or your Transactions. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.
Store Pickup/Ship to Store
Some products offered on the Site are available for pickup in stores at the Guest Service counter, including items available for Ship to Store (items shipped to a store of your choice for pickup in store). Not all items are available for this service nor is the service available in all stores. For same-day pickup, your order must be submitted by 5pm local time or 4 hours before closing, whichever is earlier, and the item must be available at the Glowgenix store you selected. Ship to Store items are not available for same-day pickup. You will be notified when your order is ready for pickup or if an item is unavailable at that store. Unless you are selecting Ship to Store, if your item is unavailable at that store, your order will be canceled. If someone else will be picking up your order, you must designate him/her as an alternate pickup person when ordering. When picking up your order, you or your alternate pickup person must show a valid government-issued ID.
Glowgenix will hold your items for four days starting the day after the order was processed by Glowgenix. If your order has not been picked up within that time frame, you may elect to extend it by one additional day. This must occur before your original time window expires. After four days (or five days if you chose to extend the time window), your order will be canceled. In no event will orders be held for more than five days. You will not be charged for your order until your order is picked up. Glowgenix reserves the right to limit the quantity of items ordered for Store Pickup or Ship to Store as well as the days of the year that the service is offered.
By subscribing to Glowgenix Subscriptions, you accept all of these terms, conditions, limitations and requirements.
- Your subscription with Glowgenix Subscriptions is personal to you, and you may not assign or transfer your subscription, or any of its benefits, to any third party without Glowgenix’s authorization.
- If any problems arise with your subscription account, the shipping address or payment method connected with your subscription that Glowgenix is unable to resolve, we will notify you through the email address associated with your subscription and your subscription order will be canceled. No additional subscription orders will be shipped until the problem has been resolved. Even if a particular subscription order is canceled, your enrollment in Glowgenix Subscriptions will remain in effect, and Glowgenix will attempt to process the next subscription order based on the delivery frequency you have chosen.Any returns related to Glowgenix Subscriptions are subject to Glowgenix’s Return Policy.
Payment, Cancellation, Changes, And Renewal
- Only valid credit cards or a Glowgenix Debit Card can be used to enroll Glowgenix Subscriptions and to make subscription service purchases. You cannot use a debit card, other than the Glowgenix Debit Card, to pay for Glowgenix Subscription services. Glowgenix GiftCards may be used as payment for the initial order however, a valid credit card or Glowgenix Debit Card will still be required at the time of the order, and will be used for payment on the subsequent subscription orders. PayPal cannot be used for orders that include a subscription at this time.
- The cost of each subscription order may vary. After your first order, the total cost for each subscription order will be the cost of the item on the day we send you an email notice confirming your subscription order plus sales tax, if any. Applicable discounts or promotions in effect at the time we confirm the price of your subscription order will be applied to your order.
- After your first order, we will send you an email notice at least ten (10) days prior to processing each subscription order to confirm the cost of the subscription order. Your initial order will be processed when you set up the subscription. You can also view the amount and shipping date of each subscription order by visiting Order History on your Glowgenix.com account and viewing the order details. The amount of each subscription order will be billed to the credit card or Glowgenix Debit Card you authorize for Glowgenix Subscriptions purchases, and your card will be billed on the day your subscription order is shipped.
- If you want to change or cancel your subscription, you can do so at any time in My Account on Glowgenix.com. Your subscription will remain in effect until it is canceled. To prevent additional shipments of a subscription order or to change a subscription, you must cancel or change your subscription before the next subscription order is shipped.
- You must have a Glowgenix.com account to enroll in and manage your Glowgenix Subscriptions. If you cancel your Glowgenix.com account, your Glowgenix Subscriptions will also be canceled.
- If your subscription is canceled and then you reenroll in Glowgenix Subscriptions, any discount applied to the original subscription may be different than any discounts or promotions available at the time you reenroll in the subscription service.
Glowgenix’s Right to Terminate
- Glowgenix reserves the right, without notice and in its sole discretion, to terminate your subscription (i) if you violate any of these Terms of Service, (ii) for any reason, or (iii) for no reason. Upon any such termination, your subscription benefits will immediately cease and you will only be charged for orders that have been shipped to you. Glowgenix reserves the right to change any benefits offered through its subscription service, including discounts and other promotional offers, at any time in Glowgenix’s sole discretion. All changes will apply to future orders, regardless of whether you are currently a subscriber.
Glowgenix strives to display as accurately as possible the colors of the products shown on the Site; however, Glowgenix cannot and does not guarantee that your monitor’s display of any color will be accurate.
Mobile Application Users
The following provisions apply to users of Glowgenix mobile applications (each, an “Application”):
Users of the Apple Application
- If you download and/or use our Application(s) for iPhone or iPad: These Terms & Conditions incorporate by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of these Terms & Conditions, the Application is considered the “Licensed Application” as defined in the LAEULA and Glowgenix is considered the “Application Provider” as defined in the LAEULA. If any of these Terms & Conditions conflict with the terms of the LAEULA, these Terms & Conditions shall control.
Mobile Service, Internet and Service Fees
- The use of the Application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Application, including without limitation, administrative messages, service announcements, diagnostic data reports, and Application updates, from Glowgenix, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Application, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Application.
- The Application may not work with all devices or all mobile carriers. Glowgenix makes no representations that the Application will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Application, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.
Limitations on Quantity
Glowgenix does not offer additional discounts on large orders of a single item or on large orders of many individual items. In addition, we reserve the right to limit quantities on orders placed by the same account, on orders placed by the same credit card, and on orders that use the same billing or shipping address. We will notify you if such limits are applied.
Availability, Errors, and Inaccuracies
If an item is out of stock, Glowgenix may, in its sole discretion and at no extra cost to you, substitute another item for the out-of-stock item if Glowgenix, in its sole discretion, determines that the identical brand and product is available in a form that is of equal or greater value, for example, larger quantity, packaged with a trial sample, or with updated product packaging.
Glowgenix’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Glowgenix makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. Glowgenix reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience. As part of our shipping procedures, we verify the availability and the price before an item is shipped. If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, if the item is no longer available, or if we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email. Please see our Pricing Policy for more details. The Pricing Policy is incorporated into these Terms & Conditions in its entirety.
Risk of Loss
Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.
Gift Cards and Certificates
All gift cards, e-gift cards, and other gift certificates are deemed purchased in and issued from the State of Minnesota. The risk of loss and title to such items passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.
If you are not fully satisfied with your purchase you may return it in accordance with the Return Policy. The Return Policy is incorporated into these Terms & Conditions in its entirety.
You agree that any purchased goods licensed or sold on the Site, which may include technology and software, and all software, including all HTML code and controls that are contained on the Site, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. The copying or reproduction of such software to any other server or location for further reproduction or redistribution is expressly prohibited. By purchasing, downloading, or using technology or software from the Site, you agree to abide by applicable laws, rules, and regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
Forward Looking Statements
- The Site, and any documents issued by us and available through the Site, may contain forward-looking statements, which are based on our current assumptions and expectations. These statements are typically accompanied by the words “expect,” “may,” “could,” “believe,” “would,” “might,” “anticipates,” or words of similar import. Forward-looking statements also include statements or other passages primarily relevant to expected future events or that can only be evaluated by events that will occur in the future. All such forward-looking statements are intended to enjoy the protection of the safe harbor for forward-looking statements contained in the Private Securities Litigation Reform Act of 1995, as amended. Although we believe there is a reasonable basis for the forward-looking statements, our actual results could be materially different. The most important factors which could cause our actual results to differ from our forward-looking statements are set forth on our description of risk factors in our Annual Report on Form 10-K, Quarterly Reports on Form 10-Q or Current Reports on Form 8-K, which should be read in conjunction with the forward-looking statements on the Site. Forward-looking statements speak only as of the date they are made, and we do not undertake any obligation to update any forward-looking statement. In addition, please note that information contained in the Site shall not be included as part of, or incorporated by reference into (nor shall it be deemed to be a part of or incorporated by reference into), any prospectus or offering memorandum of Glowgenix used in connection with the offering or sale of securities.
- From time to time, Glowgenix provides earnings or other financial information to the public via webcasts or conference call. Unauthorized recording or downloading of these is not permitted. Any rebroadcast or rewebcast of these events is prohibited without the express prior consent of Glowgenix. Information provided is only accurate as of the date of the event.
Third-Party Financial Information
- We provide links and access to third-party web sites or services that contain information that is provided as a service to those interested in the information. Glowgenix neither regularly monitors nor assumes responsibility for the content of third parties’ statements or web sites. Accordingly, Glowgenix does not endorse or adopt these web sites or any information contained therein. Glowgenix makes no representations or warranties whatsoever regarding their accuracy or completeness.
Dmca Notice–notice and Procedure for Making Claims of Copyright Infringement
Glowgenix’s policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Site can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Glowgenix’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Glowgenix that your copyrighted material has been infringed. Glowgenix does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, Glowgenix will respond by either taking down the allegedly infringing content or blocking access to it. Glowgenix may contact the notice provider to request additional information. Under the DMCA, Glowgenix is required to take reasonable steps to notify the user who posted the allegedly infringing content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send Glowgenix a counter-notification. Notices and counter-notices are legal notices distinct from regular Site activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.
To file a DMCA notice, the copyright owner must send in a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.
A DMCA notice must:
- Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”);
- Identify the Content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Site. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
- Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
- If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
- Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
- Be signed; and
- Be sent to our DMCA designated agent at the following address:
DMCA Designated Agent
Glowgenix Brands, Inc.
1000 Nicollet Mall, TPS-3165
Minneapolis, Minnesota 55403
Links to Third-parties’ Websites
The Site may contain links and interactive functionality interacting with the websites of third parties, including social sites and product manufacturers’ sites. Glowgenix is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions of the Site to communicate with any such website or otherwise visiting any such website, Glowgenix strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website. The links and interactive functionality for third-party sites on the Site do not constitute an endorsement by Glowgenix of such third-party sites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. Your use of third-party websites and resources is at your own risk.
Disclaimers of Warranties
Glowgenix cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
The site and all information, content, materials , products, services, and user content included on or otherwise made available to you through the site (collectively, the “site contents”) are provided by glowgenix on an “as is,” “as available” basis, without representations or warranties of any kind. Glowgenix makes no representations or warranties of any kind, express or implied, as to the operation of the site, the accuracy or completeness of the site contents, or that emails sent from glowgenix are free of malware or other harmful components. You expressly agree that your use of the site is at your sole risk. Glowgenix will not be liable for any damages of any kind arising from the use of the site or the site contents including, without limitation, direct, indirect, consequential, punitive, and consequential damages, unless otherwise specified in writing. To the full extent permitted by law, glowgenix disclaims any and all representations and warranties with respect to the site and the site contents, whether express or implied, including, without limitation, warranties of title, merchantability, and fitness for a particular purpose or use.
Certain providers of products may separately provide limited representations and/or warranties regarding their products. This disclaimer does not apply to such product warranties.
Glowgenix does not represent or warrant that the nutrition, ingredient, allergen, and other product information on our site is accurate or complete since this information is provided by the product manufacturers or suppliers and on occasion manufacturers may modify their products and update their labels. We recommend that you do not rely solely on the information presented on our site and that you consult the product’s label or contact the manufacturer directly if you have a specific dietary concern or question about a product.
On the Site, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third-party sites. In no event will we be liable, directly or indirectly, to anyone for any damage or loss arising from or relating to any use, continued use, or reliance on any advertisement displayed on the site, any products, services, or other materials relating to any such advertisement, any linked third-party site, or any link contained in a linked site. If you decide to link to any such third-party sites, you do so entirely at your own risk.
The Site is controlled and operated by Glowgenix from the United States, and is not intended to subject Glowgenix to the laws or jurisdiction of any state, country or territory other than that of the United States. Glowgenix does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
The information contained in the health care pages of the site is intended for educational purposes only. It is not intended as medical advice for individual conditions or treatment, it is not a substitute for a medical exam, and it does not replace the need for services provided by medical professionals. Talk to your doctor or pharmacist before taking any medication (including any herbal medicines or supplements). Only your doctor or pharmacist can provide you with advice on what is safe and effective for you.
The information contained on the site concerning herbal medicine contains information about herbal therapies and other dietary supplements, which are not regulated in the united states by the food and drug administration. Additionally, the manufacture and distribution of herbal substances is not regulated in the united states, and no quality standards currently exist. Because of the unregulated nature of the herbal and supplement industry, you need to discuss use of these substances with your doctor or pharmacist.
Limitation of Liability
Under no circumstances shall glowgenix or its employees, directors, officers, or agents be liable for any direct or indirect losses or damages arising out of or in connection with your use of or inability to use the site. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract or tort, even if glowgenix has been advised of or should have known of the possibility of such damages. Each provision of these terms & conditions that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under the agreement between you and glowgenix. This allocation is an essential element of the basis of the bargain between you and glowgenix. The limitations in this section will apply even if any limited remedy fails of its essential purpose(s). If you are dissatisfied with the site, any content on the site, or these terms & conditions, your sole and exclusive remedy is to discontinue using the site. You acknowledge, by your use of the site, that your use of the site is at your sole risk. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you, and you may have rights additional to those contained herein.
Indemnification and Defense
As a condition of the use of the Site, you agree to defend, indemnify, and hold harmless Glowgenix and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your use of the Site, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions.
Notices and Electronic Communications
Except as explicitly stated otherwise, any notices you send to Glowgenix shall be sent by mail to Glowgenix.com Guest Services, P.O. Box 9350, Minneapolis, MN 55440-9350. In the case of notices Glowgenix sends to you, you consent to receive notices and other communications by Glowgenix posting notices on the Site, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that Glowgenix provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Rules for Promotions
Pursuant To 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following websitesPlease note that we do not endorse any of the products or services listed at such websites.
Notice for California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to email@example.com. You may also contact us by writing to:
Glowgenix.com Guest Services
P.O. Box 9350
Minneapolis, MN 55440-9350
Tel. No.: (800) 591-3869
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at:
1625 North Market Blvd.
Sacramento, CA 95834
Tel. Nos.: (916) 445-1254 / (800) 952-5210
You agree that all matters relating to your access to or use of the site and all matters arising out of or related to these terms & conditions, including all disputes, will be governed by the laws of the state of minnesota, united states of america, without regard to minnesota’s choice of law principles. You furthermore agree that the exclusive forum and venue for any legal action arising out of or related to these terms & conditions shall be the united states district court for the district of minnesota, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction (including diversity jurisdiction) does not exist in the united states district court for the district of minnesota, then the exclusive forum and venue for any such action shall be the courts of the state of minnesota located in hennepin county, and you submit to the personal jurisdiction of that court. The making of claims or resolution of disputes pursuant to this agreement shall be in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You agree that to the extent permitted by applicable law: (1) any and all disputes, claims, and causes of action arising out of or connected with the site and/or these terms & conditions will be resolved individually in the forum designated in this section, without resort to any form of class action; and (2) any and all claims, judgments, and awards will be limited to actual third-party, out-of-pocket costs incurred (if any), but in no event will attorneys’ fees be awarded or recoverable.
These Terms & Conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and Glowgenix with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.