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Terms of Use

Terms of Use

(Last Updated and Effective as of: May 3, 2018)

 

Welcome to www.b-glowing.com (the “Web site”). This Web site is maintained and operated by Imagine Beauty LLC (“we”, “us” or “b-glowing.com”).  

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 and Effective as of" 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.

THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.

 Accessibility: if you are having any trouble accessing this terms and conditions or the properties, please contact us at 1-866-525-4933, Monday through Friday, 7am-7pm PST. You may email us at [email protected], 24 hours a day, 7 days a week.

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.com.

Proprietary Rights:

b-glowing.com 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.com 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.com. You may not copy, modify, transmit or make derivative works based on any of the content contained in this Web site.

Privacy:

For information on the privacy practices of b-glowing.com, please see our Privacy Policy.

Registration; User Names and Passwords:

You may be required to register with b-glowing.com 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.com 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.

Unauthorized Use:

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.com in advance; or (d) any personally identifiable information of another individual, without the prior consent of such individual.

Forums and Submissions:

b-glowing.com 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.com’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.com 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.com without restriction. You grant to b-glowing.com 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.com, and b-glowing.com 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.com 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.

Digital Millennium Copyright Act (“DMCA”) Notice:

Materials may be made available via the Web site by users and other third parties not within our control. We are under no obligation to, and do not, scan content posted on the Web site for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Web site.

If you believe any materials on the Web site infringe a copyright, you should provide us with written notice that at a minimum contains:

 (i)        A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii)        Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online web site are covered by a single notification, a representative list of such works at that web site;

(iii)       Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(iv)       Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(v)        A statement that the complaining party has 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; and

(vi)       A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

b-glowing DMCA agent can be contacted at [email protected]

Product Offerings, Content and Specifications:

The inclusion of any products or services on the Web site does not imply or warrant that these products or services will be available at any particular time or that the listed attributes are accurate or complete. The actual color of products you see will depend in part on your computer system, and we cannot guarantee any color or texture or detail of actual products will be accurate.  b-glowing.com 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 or cancel an order, including after it is submitted.  In the event a product is listed at an incorrect price due to typographical error or error in pricing or other information, we will have the right to cancel orders of any such product, whether or not the order has been confirmed and/or your credit card or other payment method has been charged.    We also may require additional verifications or other information prior to the acceptance and/or shipment of any order. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.

With respect to the shipment of products and services sold through the Web site, risk of loss and title for items purchased from the Properties pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. It also is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Web site. By placing an order, you represent that the products ordered are legal to possess and use where you intend to possess and use them and will be possessed or used only in a lawful manner, in accordance with all applicable laws, rules and regulations, including copyright law.

Products made available through this Web site may be provided by third parties who are not affiliated with b-glowing.com. 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.

Further, we do not endorse and have not verified the accuracy or reliability of any opinion or statement made on the Web site by any third party, including but not limited to customers, manufacturers, distributors or suppliers of products and services sold through the Web site.  

Refunds and exchanges will be subject to b-glowing.com’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.

No Warranties:

WHILE B-GLOWING.COM USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEB SITE, B-GLOWING.COM MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS. B-GLOWING.COM 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. TO THE FULLEST EXTENT PERMITTED BY LAW, 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.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE OR PRODUCTS AVAILABLE THROUGH THE WEB SITE. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, B-GLOWING.COM DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. B-GLOWING.COM 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. TO THE FULLEST EXTENT PERMITTED BY LAW, B-GLOWING.COM SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT OR THE PRODUCTS AND ANY ERRORS CONTAINED THEREIN. TO THE FULLEST EXTENT PERMITTED BY LAW, B-GLOWING.COM 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.COM 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. 

Limitation of Liability:

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL B-GLOWING.COM, 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.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL B-GLOWING.COM’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.

Changes: 

All information posted on the Web site is subject to change without notice.  In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on the Web site. You should check the Web site for such changes frequently.  Your continued access of the Web site after such changes conclusively demonstrates your acceptance of those changes.

Indemnification

You agree to indemnify, defend and hold harmless us, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to (i) your use of the Web site, (ii) any breach by you of any of these Terms and Conditions, (iii) any violation of applicable law. 

Severability

If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Waiver; Remedies: 

The failure of b-glowing.com to partially or fully exercise any rights or the waiver of b-glowing.com of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms and Conditions.  The rights and remedies of b-glowing.com under these Terms and Conditions and any other applicable agreement between you and b-glowing.com shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Governing Law; Venue:

By using the Web site, you agree that applicable federal law and the laws of the state of Delaware, without regard to its conflicts of laws principles will govern these terms and conditions.  While we will make reasonable efforts to resolve any disagreements you may have with b-glowing, if these efforts fail you agree that all claims, disputes or controversies against b-glowing.com arising out of these Terms and Conditions, or the purchase of any products or services ("Claims") are subject to fixed and binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing an arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing an arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and b-glowing.com agree in writing, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act. You shall not be entitled to join or consolidate Claims in arbitration by or against other users or to arbitrate any Claim as a representative or member of a class or in a private attorney general capacity. You may obtain copies of the current rules, and forms and instructions for initiating an arbitration by contacting the American Arbitration Association at using the contact information noted below.

American Arbitration Association

800-778-7879 (toll-free)

web site: www.adr.org

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms and Conditions, in which case these Terms and Conditions will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator's award is final and binding on the parties unless we or you appeal it in writing to the arbitration firm within fifteen (15) days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the American Arbitration Association. An award by a panel is final and binding on the parties after fifteen (15) days has passed. Any Claim you have must be commenced within one (1) year after the date the Claim arises. As noted above, you and b-glowing.com hereby voluntarily and knowingly waive any right either may have to a jury trial.

We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is transferred, removed or appealed to a different court, we may then choose to arbitrate.

In the event this arbitration clause is not enforceable by the specified arbitration organization, the parties will mutually agree upon another arbitration organization that will enforce this clause.

Class Action Waiver:

YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND B-GLOWING.COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.

Questions: 

Should you have any questions regarding these Terms and Conditions you may contact us at [email protected]