(Last Updated November, 2012)
Personal and Non-Personal Information:
When using the Web site, in order to utilize some of the services you may be asked to provide, or you may choose to upload, certain personally identifiable information about yourself ("Personal Information"). Personal Information is information that can identify you such as your name, email address, physical address, telephone number, credit card number, and user name. We collect Personal Information from you when you choose to participate in our offers and programs or otherwise provide information directly to us, including when you register with us, purchase products, participate in our interactive features or otherwise interact with us on the Web site. In addition, we may also collect non-personally identifiable information, such as IP addresses, pages viewed, computer type, screen resolution, operating system version, Internet browser type and version, information collected through cookies, pixel tags, web beacons, and other technologies, and other data. We may aggregate Personal Information so that the aggregated information does not personally identify you or anyone else, such as by using Personal Information to calculate the percentage of our customers who live in a particular area ("Aggregate Information"). Because Non-Personal Information does not personally identify you, we may collect, use and disclose Non-Personal Information for any purpose. In some instances, we may combine Non-Personal Information with Personal Information (such as combining your name with your geographical location). If we combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined, and may aggregate any information collected in a manner which does not identify any individual.
We use personal information to process and fulfill any orders that you have placed, contact you about our products and services, personalize your experience with us including by presenting products or offers tailored to you, and allow you to use, communicate and interact with others on our Web site. This may include sharing information with third parties such as website hosting, data analysis, payment processing, order fulfillment, infrastructure provision, information technology services, customer service, e-mail delivery services, credit card processing, auditing, training, and other similar services. These third parties may have access to Personal Information necessary to perform their functions., but may not use it for other purposes. We will never sell your Personal Information to any third party not affiliated with b-glowing® without your consent except in connection with the sale or merger of b-glowing® or the division responsible for such services. We may disclose Personal Information as we believe necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain. We may use Aggregate Information to improve and enhance your experience on the Web site and for our market research activities. For example, we may share Aggregate Information with unaffiliated third parties, such as business partners, manufacturers, distributors and retailers, in an aggregate, anonymous form, which means that the shared information will not contain nor be linked to any Personal Information. We may at times share our customers email addresses (on a non-sale basis) with distributors, manufacturers and/or other services that we believe will be of interest to the b-glowing audience. From time to time, we may give you the opportunity to opt in to participate in special third party offers that require us to share certain Personal Information with such third parties. We will disclose this anticipated sharing of Personal Information at the time we make such opportunities available to you. If you opt in to participate in such an offer, we may disclose your Personal Information to such third parties for their direct marketing purposes. We recommend that you consult such third parties' privacy policies in advance if you wish to participate in these offers.
Local Shared Objects:
We and our third-party service providers may use Flash Local Shared Objects ("Flash LSOs") in certain situations including to recognize you and remember what is in your shopping cart. Flash LSOs are different from browser cookies because of the amount and type of data stored. In addition, you generally cannot control, delete or disable the acceptance of Flash LSOs from your browser. For more information on Flash LSOs, and to learn how to control them, click on the support Page for the Flash Player and choose Global Storage Settings Panel and follow the instructions. To see the Flash LSOs on your computer now, go to the Website Storage Settings Panel and follow the instructions to review and, if you choose, to delete any specific Flash LSO.
As you use the Internet, a trail of electronic information is left at each web site you visit. This information, which is sometimes referred to as "clickstream data," can be collected and stored by a web site's server. Clickstream data can tell us the type of computer and browsing software you use and the address of the web site from which you linked to the Web site. We may collect and use clickstream data as a form of Aggregate Information to anonymously determine how much time visitors spend on each page of our Web site, how visitors navigate throughout the Web site and how we may tailor our web pages to better meet the needs of visitors. This information will be used to improve our Web site and our services. Any collection or use of clickstream data will be anonymous and aggregate, and will not intentionally contain any Personal Information.
We may work with third-party service providers who use the technologies described in this section to conduct website analytics to help us track and understand how visitors use our Site.
Social Network and Interactive Tools:
Certain features on our Web site may give you an opportunity to interact with us and others. These may include blogs, message boards, messaging functionality, chat functionality, and creating community profiles. When you use these features you should be aware that any information you submit, including your name, location and e-mail address, may be publicly available to others. We are not responsible for any information you choose to submit through these interactive features and we strongly discourage you from disclosing any sensitive Personal Information (such as health or credit card information) through these features. If you use these features, your Personal Information may remain on the Web site even after you cease use of the Web site.
The security of your Personal Information is very important to us. We attempt to provide for the secure transmission of your information from your computer to our servers by utilizing encryption software. However, due to the inherent open nature of the Internet, we cannot guarantee that communications between you and b-glowing, or information stored on the Web site or our servers, will be free from unauthorized access by third parties such as hackers and your use of the Web site demonstrates your assumption of this risk. We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect. Only those employees who need access to your information in order to perform their duties are authorized to have access to your Personal Information. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the Contact section below.
Protection for Children
We have no intention of collecting personal information from children under the age of 13. When we become aware that personal information from a child under 13 has been collected without such child’s parent or guardian’s consent, we will use all reasonable efforts to delete such information from our database.
Other Web sites:
Our Web site may contain links to other web sites not maintained by b-glowing. Other web sites may also reference or link to our Web site. The inclusion of a link on the Web site does not imply endorsement of the linked site by us. We are not responsible for the privacy practices of websites operated by third parties that are linked to or integrated with our Web site, or for the privacy practices of third party Internet advertising companies. We encourage you to be aware when you leave our Web site, or surf the Internet, and to read the privacy statements of each and every web site that you visit.
Changes to policy; Opt-Out Process:
We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time. However, if at any time in the future we plan to use Personal Information in a way that differs from this policy, we will post such changes here and provide you the opportunity to opt-out of such differing uses. Your continued use of the Web site following the posting of any changes to this policy means you accept such changes.
Communications with b-glowing:
By providing your email address to b-glowing, you expressly consent to receive emails from us. We may use email to communicate with you, to send information that you have requested or to send information about other products or services developed or provided by us or by other third party manufacturers, services and/or distributors that b-glowing believes will be of interest to its audience. If you receive an unwanted email from us, you can simply reply and ask not to receive future emails. We also give you the option to remove your personal information from our list of active users completely. All unsubscribe or opt-out requests should be sent to us at email@example.com and we will process your request within a reasonable time after receipt. We are not responsible for removing your personal information from the lists of any third party who has been provided your information in accordance with this policy, such as a business partner.
Web site Terms and Conditions:
Use of this Web site is governed by, and subject to, the legal notices contained at “Term and Conditions” (below). Your use, or access, of the Web site constitutes your agreement to be bound by these provisions.
For questions or concerns relating to privacy, we can be contacted at: firstname.lastname@example.org.
United States of America:
Our Web site is maintained in the United States of America. By using the Web site, you authorize the export of Personal Information to the USA and its storage and use as specified in this policy.
TERMS AND CONDITIONS
(Last Updated November, 2012)
Welcome to www.b-glowing.com (the “Web site”). This Web site is maintained and operated by b-glowing LLC (“we”, “us” or “b-glowing”).
Your access and use of the web site is subject to the following terms and conditions (the "terms and conditions") and all applicable laws. By accessing or using any part of the Web site, you accept, without limitation or qualification, these terms and conditions. If you do not agree to the terms and conditions of this Agreement, please do not use the Web site.
We reserve the right to change these terms and conditions, in whole or in part, from time to time at our sole discretion, and to provide you with notice of such change by any reasonable means, including without limitation posting the revised draft of these terms and conditions on the Web site. You can determine when this Agreement was last revised by referring to the "Last Updated" legend at the top of these terms and conditions. You should always check these terms and conditions prior to using the Web site. Your continued use of the Web site following the posting of changes to these terms and conditions will mean that you accept those changes.
Use of the Web Site:
This Web site is provided for your personal and non-commercial use only. Any other use of the Web site requires the prior written consent of b-glowing. Products made available through this Web site may be provided by third parties who are not affiliated with b-glowing. All questions or inquiries regarding such products should be addressed to the product manufacturers. Reliance on any information provided on the Web site is solely at your own risk. If you have any questions or concerns about medical or health issues, you should contact a medical professional.
b-glowing is the exclusive owner of, or is authorized to use or provide access to, all parts of the Web site, including all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained therein. Some materials on the Web site belong to third parties who have authorized b-glowing to display the materials, such as portfolio works, client logos and trademarks and other proprietary materials. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Web site. All rights not granted under these Terms and Conditions are reserved by b-glowing. You may not copy, modify, transmit or make derivative works based on any of the content contained in this Web site.
Registration; User Names and Passwords:
You may be required to register with b-glowing in order to purchase products or otherwise utilize features of the Web site. With respect to any such registration, we may refuse to grant you, and you may not use, a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the Web site, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Web site, to any third party. You are fully responsible for all transactions (including any information transmitted in connection with any transactions) and other interactions with the Web site that occur in connection with your user name. You agree to immediately notify b-glowing of any unauthorized use of your password or user name or any other breach of security related to your account, your user name or the Web site, and to ensure that you "log off" and exit from your account with the Web site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce, store or distribute content available on the Web site. You may not take any action to interfere with, or disrupt, the Web site or any other user's use of the Web site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Web site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not frame portions of the Web site within another web site or establish links from any other web site to any page of the Web site other than the home page. You may not resell use of, or access to, the Web site to any third party without our prior written consent.
You agree not to post, transmit, or otherwise make available through or in connection with the Web site: (a) any information or materials that are or may be, or the posting, transmission or use of which is or may be: (i) threatening, harassing, degrading, hateful or intimidating; (ii) defamatory or libelous; (iii) fraudulent or tortious; (iv) obscene, indecent, pornographic or otherwise objectionable; or (v) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right; (b) any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking;" (c) any unsolicited or unauthorized advertisements, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation that is not expressly approved by b-glowing in advance; or (d) any personally identifiable information of another individual, without the prior consent of such individual.
Forums and Submissions:
b-glowing may offer features through the Web site that enable you to post information and materials publicly, for example, bulletin boards, chat areas, and similar forums (collectively referred to herein as "Forums"). All of the rules of conduct described in the Unauthorized Use provision above apply to the Forums. Additionally, without b-glowing’s express prior written consent, you may not use the Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Forums to solicit other b-glowing Web site visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization.
When you submit or make available any information or materials through the Forums or otherwise through the Web site ("Submissions"), you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by b-glowing without restriction. You grant to b-glowing the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sublicensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission, and that your provision of Submissions through the Forums or otherwise through the Web site complies with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.
We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission in the Forums or otherwise in the Web site. The Forums include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties through the Forums or otherwise through the Web site are those of such third parties and not of b-glowing, and b-glowing does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from the Web site at any time if we deem removal to be warranted. Removal or editing of any Submission or other materials may not occur immediately.
You acknowledge and agree that b-glowing has no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through the Forums or any other part of the Web site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE FORUMS OR OTHERWISE THROUGH THE WEB SITE, YOU DO SO AT YOUR OWN RISK.
b-glowing reserves the right, with or without prior notice, (a) to change product or service descriptions, images and references; (b) to limit the available quantity of any product or service; (c) to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion; (d) to prevent or prohibit any user or customer from making any or all transaction(s); and/or (e) to refuse to provide any user or customer with any product or service. Price and availability of any product or service offered through the Web site are subject to change without notice, and b-glowing shall not be responsible for errors in the prices or descriptions of such products or services. Refunds and exchanges will be subject to b-glowing’s refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the Web 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 purchases.
While b-glowing uses reasonable efforts to include up-to-date information on the Web site, b-glowing makes no warranties or representations as to its accuracy or completeness. b-glowing assumes no liability or responsibility for any errors or omissions in the content on the Web site. Your use of the Web site is at your own risk. THE WEB SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED "AS IS". TO THE FULLEST EXTENT PERMISSIBLE BY LAW, B-GLOWING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE OR PRODUCTS AVAILABLE THROUGH THE WEB SITE. FURTHER, B-GLOWING DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. B-GLOWING DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. B-GLOWING SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT OR THE PRODUCTS AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL B-GLOWING BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL B-GLOWING BE LIABLE FOR DIRECT DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
Limitation of Liability:
IN NO EVENT SHALL B-GLOWING, ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE WEB SITE EVEN IF B-GLOWING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. B-GLOWING IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. B-GLOWING IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY, OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER'S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT SHALL B-GLOWING’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEB SITE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE WEB SITE.
Governing Law; Venue:
By using the Web site, you agree that applicable federal law and the laws of the state of Oregon, without regard to its conflicts of laws principles will govern these terms and conditions. You agree that any dispute or claim arising out of or relating to this Agreement shall be resolved only in the courts located in Portland, Oregon, U.S.A. and you hereby consent and submit to the jurisdiction of such courts for the purposes of litigating any such dispute or claim.