INFORMATION YOU PROVIDE
We have a Privacy Policy setting out Glow Success' online
information gathering and dissemination practices with respect to the Websites and Applications. View the Privacy Policy which is incorporated into these Terms and Conditions by reference, as if set forth fully herein.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Neither Glow Success nor its employees, agents, suppliers,
third party information providers, merchants, licensors, or the like warrant
that the Websites and Applications or their operation will be accurate,
reliable, uninterrupted, or error-free. Glow Success will not be liable in any
way to you or to any other person for: (1) any inaccuracy, error, or delay in,
or omission of, any information or the transmission or delivery of any such
information, or (2) any loss or damage arising from, or occasioned by, (a) any
such inaccuracy, error, delay, or omission, (b) nonperformance, or (c)
interruption in any such information, due to "force majeure" event,
including, but not limited to, any natural disasters (flood, extraordinary
weather conditions, earthquake, fire), war, insurrection, riot, labor dispute,
accident, action of government, communications, electronic or power failure,
telephone or other interconnect problems, unauthorized access, theft, operator errors, or equipment or software malfunction, or any other cause beyond the reasonable control of Glow Success.
OUR WEBSITES AND APPLICATIONS, THE CONTENT, COMMUNICATIONS,
AND ALL SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION WITH OUR WEBSITES AND APPLICATIONS ARE MADE AVAILABLE "AS IS" AND "WITH ALL FAULTS." USE OF OUR WEBSITES AND APPLICATIONS IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL
REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO OUR WEBSITES AND APPLICATIONS, CONTENT, COMMUNICATIONS, AND THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION WITH OUR WEBSITES AND APPLICATIONS, EXPRESS OR IMPLIED, WRITTEN OR
ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NONINTERFERENCE, QUALITY, TITLE, AND NONINFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT WITH REGARD TO ANY AND ALL CONTENT AND COMMUNICATIONS IS ASSUMED BY YOU. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, ONSEQUENTIAL, EXEMPLARY, EXTRACONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATEVER, INCLUDING, WITHOUT LIMITATION, BODILY INJURY OR DEATH, OR LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE WEBSITES AND APPLICATIONS — INCLUDING BUT NOT LIMITED TO THAT RESULTING FROM FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, NATURAL DISASTERS, STRIKES OR OTHER LABOR PROBLEMS, WARS, OR
GOVERNMENTAL RESTRICTIONS — THE WEBSITES AND APPLICATIONS MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE WEBSITES AND APPLICATIONS, OR THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THEREWITH, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR
PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF GLOW SUCCESS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE WEBSITES AND APPLICATIONS, THE CONTENT AND
COMMUNICATIONS, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION WITH THE WEBSITES AND APPLICATIONS EXCEED THE PRICE PAID BY YOU, OR FOR YOU, FOR USE OF THE WEBSITES AND APPLICATIONS.
LINKS/ADVERTISEMENTS
The Websites and Applications may link to websites operated by third parties (each a "Third Party Website" and, collectively, "Third-Party Websites"). The inclusion of any link to a Third Party Website does not imply endorsement by Glow Success of that Third Party Website, but is for your reference and convenience only. Glow Success has not reviewed all of the Third Party Websites linked to our Websites and Applications and is not responsible for the content or accuracy of any Third Party Websites, pages or any other Third Party Website linked to Glow Success. Nor does Glow Success recommend or endorse any specific tests, products, or procedures that may be mentioned on or represented in advertisements on the Websites and Applications.
Linking to any other Third Party Websites, pages or Third Party Website is at
your own risk and subject to the terms and conditions of any hyperlinked Third Party Website. The Websites and Applications may also contain advertisements by third parties. Unless otherwise specifically stated on the Websites and Applications, Glow Success does not endorse or make any representation regarding the liability, quality, or accuracy of any products or services featured in, or linked to, any advertisement that appears on the Websites and Applications.
COPYRIGHTS
Glow Success retains full copyright ownership, rights, and protection in all material contained on the Websites and Applications (including all proprietary software developed with HTML code, Java applets, ActiveX controls and other code). Except as otherwise expressly provided in
these Terms and Conditions, you may not copy, distribute, transmit, display,
perform, reproduce, publish, license, rewrite, create derivative works from,
transfer, or sell any material contained on the Websites and Applications without the prior consent of the copyright owner. You agree not to modify any
documents, graphics, images, or other material found on the Websites and
Applications. You may, however, make single copies of materials displayed on
the Websites and Applications for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Websites and Applications. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from Glow Success or the copyright owner of the copied material. None of the material contained on the Websites and Applications may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation, or otherwise), resold, or redistributed without the prior written consent of Glow Success. All content of Glow Success is Copyright © 2020-2024 Glow Success Communications Inc. All rights reserved.
TRADEMARKS
The names Glow Success and all other trademarks, service marks, trade names, logos, domain names, URLs, and icons ("Marks") appearing on the Websites and Applications, registered or not, are the property of Glow Success or their respective owners. Nothing on the Websites and Applications grants you any right or license to use any of the Marks without the express written permission of Glow Success or the third-party owners of the
Marks. Unauthorized use may violate trademark and other laws.
INDEMNIFICATION
You agree to defend, indemnify, and hold Glow Success, its officers, directors, employees and agents, licensors, and suppliers harmless from and against any claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Websites and Applications in a manner that violates or is alleged to violate these Terms and Conditions. Glow Success will provide you with prompt notice of any such claim, suit, or proceeding and will reasonably cooperate with you, at your expense, in your defense of any such claim, suit, or proceeding.
TERMINATION
You agree that Glow Success may terminate your use of the Websites and Applications at any time for no reason or any reason. You agree that Glow Success may modify or discontinue the Websites and Applications, with
or without notice to you. You agree that Glow Success will not be liable to you
or any third party as a result of such modification or discontinuation.
GENERAL PROVISIONS
You expressly agree that exclusive jurisdiction for any dispute with Glow Success, or in any way relating to your use of the Websites and Applications ("Legal Action"), will be the courts of Ulster County, State of New York. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts will be instituted in a federal court in the District of New York. These Terms and Conditions are governed by the internal substantive laws of the State of New York, without regard to conflict of law principles. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms and Conditions, which will remain in full force and effect. No waiver of these Terms and Conditions will be deemed a further or continuing waiver of such term or condition or any other term or condition.
SURVIVAL
The provisions entitled "Limited License", "Not Medical Advice", "Disclaimer of Warranties and Limitation of Liability", "Community Forums", "Links/Advertisements", "Copyrights", "Trademarks", "Indemnification", and "General Provisions" will survive termination of this agreement.
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