THE GLOW CLUB TERMS AND CONDITIONS OF
TERMS & CONDITIONS
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service. The Glow Club reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, at its sole discretion.
The Website and App are offered and available to users who are 18 years of age or older. By using the Website and App, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
We reserve the right to withdraw or amend the Website or App, and any service or material we provide on the Website or App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or App, or the entire Website or App, to users, including registered users.
GENERAL STATEMENT ON PRIVACY, PERSONAL DATA, AND COMMUNICATIONS
If you use the Website or App, you are responsible for maintaining the confidentiality of your account, password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account and password. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
When you visit the Website, App or communicate with The Glow Club via email, you are communicating with us electronically. You consent to receive communications from The Glow Club electronically. The Glow Club will communicate with you by email or by posting notifications on the Website or through the App. You understand and agree that all agreements, notices, disclosures, and other communications that The Glow Club provides electronically satisfy any legal requirement that such communications be in writing.
USER PROVIDED INFORMATION
The Glow Club does not collect any personal information about individuals – such as names and postal codes, home addresses, and email addresses – except when such information is knowingly provided by You to The Glow Club. Personal information might be obtained from online transactions such as class and class package purchases, retail purchases, and/or class registrations. Additionally, personal information may be transmitted as part of a form submission or in connection with other activities or services made available on the Website or App. Any personal identification information retrieved by The Glow Club must be voluntarily submitted by the user.
The Glow Club may use the information provided to contact you with important information, required notices, and marketing promotions. You may always choose to opt-out of any of these notices (other than those required by applicable law, rule or regulation) by selecting to do so at the bottom of each email you receive from us or by emailing us directly.
The Glow Club makes every effort to ensure that all of the transactions that occur on the Website and App are secure. All credit card numbers and transactions are encrypted using 128-bit Secure Socket Layer (SSL) encryption. We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve the Website and App. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
WHAT IS A SECURE CONNECTION?
When a secure connection is established between your browser and a website, any data that is transferred over the connection will be encrypted to prevent it from being viewed by a third party. SSL encryption makes it very difficult for anyone to intercept or decode messages exchanged over this type of secure connection.
Browsers such as Internet Explorer, Firefox, and Safari display an image of a locked padlock on their status bar when connected to a secure site. Google Chrome shows a green locked padlock on the far left side of the status bar when there is a secure SSL connection. Firefox colors the address bar yellow when connected to a secure site. Secure transactions are also indicated when the prefix in the location bar of your browser switches from http:// or https://. The additional ‘s’ stands for ‘secure’ and indicates a secure connection to The Glow Club website. If you do not see this padlock, if it is unlocked, or if the protocol in the location bar is not listed as https://, then any data exchanged with the website is potentially visible to others.
Depending on your browser, you may be able to view authentication information about a secure page by double-clicking on the padlock icon in the status bar. For more information on how your software establishes a secure connection, see the help files for your particular browser.
INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
We collect several types of information from and about users of our Website and App, including information:
by which you may be personally identified, such as name, postal address, e-mail address, telephone number, and sex/gender ("Personal Information"); and/or
about your internet connection, the equipment you use to access our Website and App and usage details.
We collect this information:
Directly from you when you provide it to us.
Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, GPS/Geo-location data, the website from which you linked into our Website or App, and information collected through cookies or pixel tags. See below for more information about automatically collected information.
Information You Provide to Us. The information we collect on or through our Website may include:
Information that you provide by filling in forms on our Website or App. This includes information provided at the time of registering to use our Website, registering for classes, or subscribing to our service. We may also ask you for information when you report a problem with our Website or App.
Records and copies of your correspondence (including email addresses), if you contact us.
Details of transactions you carry out through our Website or App and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website or App.
Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with our Website or App, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
Details of your visits to our Website or App, including location data, logs, and other communication data and the resources that you access and use on the Website or App.
Information about your computer and internet connection, including your IP address, operating system, and browser type.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). The information we collect automatically is statistical data and does not include personal information. It helps us to improve our Website and App and to deliver a better and more personalized service, including by enabling us to:
Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Website according to your individual interests.
Speed up your searches.
Recognize you when you return to our Website.
HOW PERSONAL INFORMATION IS USED
The following are examples of how The Glow Club might use the Personal Information collected through the Website or App:
To present our Website and App and their contents to you.
To provide you with information, products, or services that you request from us.
If you purchase classes or a package of classes from The Glow Club, sign up for a class from The Glow Club, or purchase The Glow Club retail items, the required personal information (similar to that provided during a telephone or mail order purchase) will be used to complete your order.
If you indicate that you are interested in receiving The Glow Club related news and information, you may receive emails to the email address you provided as part of the registration process.
Aggregated Personal Information could be analyzed to describe the collective characteristics and behaviors of online visitors, and subsequently be used to further optimize the effectiveness of the Website or App and The Glow Club overall experience.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
To notify you about changes to our Website or App or any products or services we offer or provide though it.
To fulfill any other purpose for which you provide it.
In any other way we may describe when you provide the information.
For any other purpose with your consent.
You can help The Glow Club maintain the accuracy of your personal information by updating your account. Please update this information when you change your address, phone number, or email address.
DISCLOSURE OF YOUR INFORMATION
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
To our subsidiaries and affiliates.
To contractors, service providers, and other third parties we use to support our business.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of The Glow Club’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by The Glow Club about our Website or App users is among the assets transferred.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
With your consent.
We may also disclose your Personal Information:
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce or apply these Terms of Service and other agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of The Glow Club, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Any payment transactions will be encrypted using SSL technology.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your personal information transmitted to our Website or App. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website or App.
LINKS/THIRD PARTY WEBSITES
The Glow Club has not reviewed all the sites linked to the Website or App, and is not responsible for the content or any off-site pages or other linked sites. Although a third party website and/or app may contain The Glow Club logo, please understand that it is independent from The Glow Club, and that The Glow Club has no control over the content of that website and/or app.
If the Website or App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website or App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. These links do not imply endorsement of, sponsorship of, or affiliation with The Glow Club.
INTELLECTUAL PROPERTY RIGHTS
The Website and App and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by The Glow Club, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use the Website and App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website or App, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print one copy of a reasonable number of pages of the Website or App for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from this site.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or App or any services or materials available through the Website or App. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website or App in breach of the Terms of Service, your right to use the Website or App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or App or any content on the Website or App is transferred to you, and all rights not expressly granted are reserved by The Glow Club. Any use of the Website or App not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
THE GLOW CLUB mark, logo and all related names, logos, product and service names, designs and slogans are trademarks of The Glow Club or its affiliates or licensors. You must not use such marks without the prior written permission of The Glow Club All other names, logos, product and service names, designs and slogans on this Website and App are the trademarks of their respective owners.
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
To resell or make commercial use of this site or its contents.
To collect or use any product listings, descriptions, photographs or prices displayed on this Website or App in connection with the sale or resale of any of The Glow Club products or for other commercial purposes.
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate The Glow Club, an employee or The Glow Club, another user or any other person or entity (including, without limitation, by using e-mail addresses screen names or user names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or App, or which, as determined by us, may harm the Company or users of the Website or App or expose them to liability.
Additionally, you agree not to:
Use the Website or App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website or App, including their ability to engage in real time activities through the Website or App.
Use any robot, spider or other automatic device, process or means to access the Website or App for any purpose, including monitoring or copying any of the material on the Website or App.
Use any manual process to monitor or copy any of the material on the Website or App or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website or App.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or App, the server on which the Website or App are stored, or any server, computer or database connected to the Website or App.
Attack the Website or App via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website or App.
Our Website and App are based in the District of Columbia in the United States and provide for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of our content and services outside of the United States and that access to our Website or App may not be legal by certain persons or in certain countries. If you access our Website or App from outside the United States, you are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website or App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site/app for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND APP SHALL BE AT YOUR OWN RISK. THE WEBSITE AND APP ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. WITH REGARD TO THE WEBSITE/APP, THE GLOW CLUB AND THE THIRD PARTY LICENSORS AND AGENTS MAKE NO WARRANTY REGARDING YOUR USE OR PERFORMANCE OF THE WEBSITE AND APP. THE GLOW CLUB HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. THE GLOW CLUB AND THE THIRD PARTY LICENSORS AND AGENTS DO NOT WARRANT WITH RESPECT TO THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE WEBSITE OR APP OR ANY MATERIALS ON THE WEBSITE OR APP. THE GLOW CLUB SHALL HAVE NO LIABILITY FOR ANY VIRUSES RELATED TO THE MATERIALS ON THE WEBSITE OR APP. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE GLOW CLUB AND THE THIRD PARTY LICENSOR AND AGENTS DO NO WARRANT THAT (A) THE MATERIALS ON THE WEBSITE/APP AND THE WEBSITE/APP WILL MEET YOUR REQUIREMENTS, (B) THE MATERIALS ON THE WEBSITE/APP AND THE WEBSITE/APP WILL OPERATE OR BE USABLE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA, (C) THE OPERATION OR USE OF THE WEBSITE/APP OR THE MATERIALS ON THE WEBSITE/APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR (D) ANY PROGRAM ERRORS WILL BE CORRECTED. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE MATERIALS ON THE WEBSITE/APP ARE ACCURATE OR SUFFICIENT FOR YOUR PURPOSES. THE GLOW CLUB AND THE THIRD PARTY LICENSORS AND AGENTS SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO THE WEBSITE AND/OR USE OF THE MATERIALS ON THE WEBSITE/APP. THE GLOW CLUB AND THE THIRD PARTY LICENSORS AND AGENTS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE/APP.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CHECK YOUR APPLICABLE STATE LAWS BEFORE AGREEING TO BE BOUND BY THIS AGREEMENT.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GLOW CLUB AND ANY THIRD PARTY LICENSORS AND AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING OR ACCESSING THE SITE OR THE MATERIALS, AS WELL AS FOR ANY DAMAGES SUFFERED AS A RESULT OF THE INABILITY TO USE THE SITE/APP OR THE MATERIALS. IN NO EVENT SHALL THE GLOW CLUB OR ITS THIRD PARTY LICENSORS OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE/APP MADE AVAILABLE FROM THE WEBSITE/APP, EVEN IF THE GLOW CLUB HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE AND AGREE THAT THE GLOW CLUB SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. AS A USER OF THE WEBSITE/APP, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE/APP IS TO STOP USING THE WEBSITE/APP. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED IN THE APPLICABLE JURISDICTION.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. PLEASE CHECK YOUR APPLICABLE STATE LAWS BEFORE AGREEING TO BE BOUND BY THIS AGREEMENT.
You hereby agree to defend, indemnify and hold The Glow Club and any third party licensors and agents harmless from, and you covenant not to sue The Glow Club or any third party licensors and agents for, any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, without limitation, attorneys’ fees) arising from or related to (a) your negligence, error, omission or willful misconduct, (b) your breach of any terms of these Terms of Service, or (c) your use of the Website or App.
CHOICE OF LAW AND JURISDICTION
The Website/App and your use hereof is governed by the laws of the District of Columbia, without regard to District of Columbia’s choice of law provisions. Any legal suit, action or proceeding arising out of or related to this Agreement or the Website or App will be instituted exclusively in the local or federal courts of the District of Columbia. The parties agree that the Website and App are for use only in the United States, and, as a result, the parties agree that all international laws, treaties or regulations are inapplicable to these Terms of Service. You irrevocably waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBISTE OR APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Occasional changes may be made to this document as new services and content are added to the Website/App to reflect changes in The Glow Club’s policies. These Terms of Service may be revised at any time by updating this posting. By using the Website or App, you agree to be bound by any such revisions. Users of the Website and App are encouraged to check this document periodically to stay informed of current privacy guidelines.
WAIVER AND SEVERABILITY
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms of Service and any applicable purchase or other terms, the terms of these Terms of Service will govern.
If any provision of these Terms of Service is illegal or unenforceable under applicable law, to the maximum extent permitted by law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Service will continue in full force and effect.
You will not assign this Agreement. We may assign this Agreement.
To ask questions about or comment on this Agreement, contact us at: firstname.lastname@example.org.
These Terms of Service constitute the entire agreement between you and The Glow Club with respect to the Website and App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Website or App.