This website is owned and operated by Glosslab LLC (“we”, “us”, “our”). These Terms of Service (the “Terms of Service”) contain the terms and provisions applicable to you (a “User”) and your access to and use of www.Glosslab.com and on our Glosslab mobile application (collectively, the “Site”). Your use of this Site (and any other feature, content or application offered from time to time by the Site) is subject at all times to these Terms of Service (as the same may be modified by us from time to time) and all applicable laws, rules and regulations. Please read these Terms of Service carefully and contact us with any questions.
Please contact us at: firstname.lastname@example.org with any questions regarding these Terms of Service.
1. ACCEPTANCE OF TERMS AND CONDITIONS.
By accessing this Site, you agree that you have read, understand and agree to be legally bound by the terms and conditions set forth below. If you do not agree to be bound by these Terms of Service, please do not access or use this Site. These Terms of Service may be modified, changed or altered by us at any time without prior notice. In agreeing to these Terms of Service, you are responsible for periodically checking for changes and/or updates to these Terms of Service. Notwithstanding the foregoing, we will endeavor to notify you of any changes by posting such changes on the Site. Your continued access of the Site after such changes are made conclusively demonstrates your acceptance of such changes. You may request a copy of these Terms of Service by emailing us at: email@example.com. In order to participate in certain Site services or promotions, you may be notified by us that you are required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to such services or promotions in which you choose to participate, those additional terms are hereby incorporated into these Terms of Service.
2. USE OF SITE
Use of and access to the Site is void where prohibited. By accessing and using the Site, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Site does not violate any applicable law or regulation.
3. PERMITTED USES
This Site is not intended for, and we have no intention of collecting personally identifiable information from, persons under the age of 13. The content and information posted on this Site are provided as information to interested persons and may be used for informational and personal purposes only. Modification or use of the materials for any other purpose may violate our (or a third party’s) intellectual property rights. This Site is not intended for commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. Material from this Site may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms of Service immediately and automatically terminates your right to use this Site and may subject you to legal liability. You agree not to use the Site for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Site. Appropriate legal action will be taken for any illegal or unauthorized use of the Site.
4. NO WARRANTY
Your use of the Site is at your sole risk. The content and information posted on the Site is provided to you “as is” without warranties or representations of any kind. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Site to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Site. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Site. We make no warranties or representations that your use of content and information posted on this Site will not infringe rights of third parties. You are not authorized to download any content from the Site. If you download any content from the Site, we will not be responsible in any way for any damage to your computer system or loss of data that results from the download of any such content.
5. LINKS TO THIRD PARTY SITES
The Site may provide you with links or other access to other Sites, services, products or content of third parties. We have no control over, nor do we endorse any, such Sites, services, products or content. You acknowledge and agree that you access such third party Sites, services, products or content at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same. We recommend you read the privacy and Terms of Service policies of each third party’s Site that you access.
In no event will anything contained in these Terms of Service or any area of the Site be construed as a representation or guarantee with respect to any of the content. We do not guarantee the accuracy, completeness or usefulness of any content. Furthermore, we do not endorse, nor are we responsible for, the accuracy and reliability of any opinion, advice or statement made on the Site by any third party. We assume no responsibility and no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content. Additionally, if you provide any content to us on or through the Site, we shall be free to use any ideas, concepts, know-how or techniques contained in such content for any purpose whatsoever, including without limitation, developing, manufacturing and marketing products and services which incorporate such content. We are under no obligation to screen or monitor content, but may review content from time to time at its sole discretion to review compliance with these Terms of Service. We will make all determinations as to what content is appropriate in our sole discretion. We may include, edit or remove any content at any time without notice.
8. TERMINATION OF ACCESS
In addition to any right or remedy that may be available to us under these Terms of Service or applicable law, we may suspend, limit or terminate your access to the Site, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.
This website contains trademarks, trade names, service marks, copyrights, and/or logos belonging to Glosslab. Such marks remain the property of Glosslab. You recognize and acknowledge the ownership of these marks and understand that you do not acquire, through use of this website, any right, title, or interest in the marks. You agree not to change, modify, and/or exploit the marks, nor participate in any activity which modifies and/or exploits such marks. All rights to these marks are reserved. Any use of the marks without expressed written authorization is strictly prohibited.
You agree to defend, indemnify and hold us, our subsidiaries, and affiliates, and each of our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, issued by any third party due to or arising out of your use of the Site in violation of these Terms of Service and/or arising from a breach of these Terms of Service (including, without limitation, any breach of your representations and warranties set forth herein).
These Terms of Service shall remain in full force and effect while you use the Site or are registered with the Site. You may terminate your registration at any time, for any reason. We may terminate your registration at any time, without warning. Even after your registration is terminated you continue to remain bound by these Terms of Service to the extent you continue to access the Site in any capacity.
12. USER DISPUTES
You are solely responsible for your interactions with other users of the Site. We reserve the right, but have no obligation, to monitor disputes between you and other users.
13. U.S. EXPORT CONTROLS
Software made available to you by the Site (the "Software") is subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
If one or more of the provisions contained in these terms and conditions are held to be unenforceable under applicable law, such provision shall be appropriately limited in its scope. If any such limitation is not feasible, such provision shall be excluded from these terms and conditions and the balance of these terms and conditions shall be enforceable.
15. WARRANTIES & LIMITATION OF LIABILITY
GLOSSLAB DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL GLOSSLAB BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO OR ARISING FROM THIS WEBSITE WHETHER OR NOT EITHER PARTY HAD OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time-to-time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
16. FORCE MAJEURE
Notwithstanding any other provision set forth in these terms and conditions, GLOSSLAB shall not be liable for any failure or delay in its performance due to any cause beyond our reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, acts of God, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labor difficulties, industry-wide supplier failures, unavailability of materials, rights of way or governmental acts; provided, however, that GLOSSLAB shall attempt to correct promptly such failure or delay in performance to the extent practicable and consistent with then applicable law and regulatory requirements.
Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service and your account on the Site are personal to you and may not be transferred or assigned. These Terms of Service are governed by U.S. federal law and the laws of the State of New York, U.S.A., regardless of your location, without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in New York County, New York, U.S.A. in all disputes arising out of or relating to the Site. Either we or you may demand that any dispute between us and you about or involving the Site must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New York County, New York, USA, provided that the foregoing shall not prevent us from seeking injunctive relief in a court of competent jurisdiction. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions. Our performance under these Terms of Service is subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of our right to comply with government, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect. These Terms of Service, together with any additional terms and conditions or policies referred to and incorporated herein (including additional terms applicable to various parts of the Site), constitutes the entire understanding between you and us.
We may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address.
When you purchase something from our online store, as part of the buying and selling process we collect the personal information you give us such as your name, address, email address, telephone number, and credit or debit card number. When you browse our online store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Navigation: Even if you do not make a purchase on our site, we have the ability to track usage of our website, including what pages are visited, what products are viewed, and the third-party sites that led you to our site. This information is not used to track information about individuals, but is used at an aggregate level to customize our site, improve the online experience, and plan advertising and promotions.
Other information: There are times when you may provide information to us voluntarily. This occurs when you provide feedback to us through emails, return forms, letters, or telephone calls. We use this information to respond to your query, to keep track of customer feedback, and to improve our service to customers.
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we infer that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no. If after opting-in to our marketing list, you no longer wish to be contacted, you may withdraw your consent by clicking the “unsubscribe” option in the email message, informing us at firstname.lastname@example.org.
Glosslab does not sell or otherwise share your personal information with anyone else, such as advertising agencies or marketing companies. We only send marketing information to those customers who specifically sign up for our mailing list. Marketing information sent by GLOSSLAB may be sent by us as part of a cross-promotion or other collaboration with other companies or brands, but we do not disclose personal information to such companies or brands. GLOSSLAB will share your personal information internally with those staff members who need it to complete your purchase or carry out your instructions regarding the receipt of marketing information. Authorized GLOSSLAB service providers may also have access to this information in order to carry out their responsibilities directly connected with the processing of your purchases or handling of customer service issues. Outside of these activities, we will not disclose your personal information to any third party without your written consent unless required to do so by law.
Our online store is hosted by Boulevard Labs, Inc. (“Boulevard”). This company provides us with the online booking platform that allows us to make appointments for you. Boulevard utilizes Stripe Inc., (“Stripe”), or Braintree, a division of PayPal Inc. to deliver secure and reliable integrated payments. Your data, if stored, is stored through Boulevard's databases and software application. They store your data on a secure server behind a firewall. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our online store and its service providers.
We use encryption technology in our online store in an attempt to protect you against the loss, misuse or alteration of your personal information. When you fill out any forms during checkout, a secure server encrypts your information through the use of Secure Socket Layer (SSL) technology. To be sure you’re browsing securely during a transaction, check your web browser’s status or address bar for the closed padlock icon. This icon indicates that you are viewing a secure web page. Also, all browsers display an “s” after the “http” (https://) in the website address to indicate that you are in a secure environment. Your credit card information is encrypted using SSL and stored with encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
GLOSSLAB, as with many other websites, makes use of “cookies” to help deliver a better customer shopping experience. Cookies are alphanumerical identification elements that we transfer to the hard drive of your computer via your web browser. They enable our systems to recognize your browser and to offer you value-added services, such as saving the contents of your shopping basket and to deliver a more personalized shopping experience.
AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any minors under your care to use this site.
QUESTIONS AND CONTACT INFORMATION