GLOWPASS™ TERMS AND CONDITIONS
Last Updated: April 29, 2022
The following GlowPass™ terms and conditions (“Terms and Conditions”) of GP MBM, LLC (“we,” “us,” “our,” or “GlowPass”) supplement the terms and conditions of the GlowPass Membership Agreement (“Membership Agreement”). In the event of a conflict between the Terms and Conditions and your GlowPass Membership Agreement, your GlowPass™ Membership Agreement will control.
Enrollment
Participants of the GlowPass Program (“GlowPass”) must be age 18 years or older and a legal resident of the United States to be eligible for participation. If we choose to extend GlowPass Program participation to persons under the age of 18 (“Minors”), such Minors must obtain their parents’ or legal guardians’ consent prior to participation. By enrolling in the GlowPass Program, you agree (or, if you are a Minor, your parent or legal guardian agrees) to be bound by these Terms and Conditions. To enroll in the GlowPass Program, you must complete the GlowPass Membership Agreement. The GlowPass Program is void where prohibited by law, or subject to change in accordance with applicable law.
Sessions
As of the date set forth above, membership in the GlowPass Program entitles members to receive the following services (collectively, “Sessions”) each month at participating Amazing Lash Studio®, Drybar®, Elements Massage®, and Radiant Waxing® locations (collectively, “Locations”):
• Unlimited Lash Lift, Refill, and Full Set services at Amazing Lash Studio® locations;
• One waxing service at Radiant Waxing® salons up to the cost of one standard Brazilian wax;
• Four sessions of “The Blowout” at Drybar® shops; and
• Two 1-hour massage sessions at Elements Massage® studios
The monthly allotment and composition of Sessions you are entitled to receive as part of the GlowPass Program is subject to change upon thirty (30) days’ written or electronic notice you to you. Upon request, you may request a copy of your GlowPass Membership Agreement and these Terms and Conditions, which are also available online at https://www.theglowpass.com/term. For more information regarding the program contact us at [email protected] or call (720) 873-5444.
For purposes of clarity, you may only receive Full Set services at participating Amazing Lash Studio® locations pursuant to the GlowPass Program if fourteen (14) days have elapsed after your last Full Set appointment, otherwise you must instead select Refill services. By way of example and not limitation, if you receive Full Set services on the 1st of the month and schedule your next services on the 8th of the month, you can either get a Refill as part of the GlowPass Program or instead pay full price for another Full Set appointment.
At participating Radiant Waxing® salons, you may receive one waxing service, up to the cost of one standard Brazilian wax, each month as part of the GlowPass Program. For purposes of clarity, if you wish to receive two services, which together would equal the cost of one standard Brazilian wax, you may only receive one service per month in connection with the GlowPass Program.
The GlowPass Program and Sessions cannot be combined with any other discounts or promotions (unless noted otherwise on the GlowPass Membership Agreement). If any of the Locations offer a discount or promotion, such discount or promotion cannot be applied to Sessions which would otherwise have been redeemed in connection with the GlowPass Program.
Term of Membership
As a GlowPass member, you may receive your GlowPass Session(s) anytime you wish, subject to each Location’s hours and appointment availability and the terms of your Membership Agreement. WE RECOMMEND THAT YOU REFER TO OUR AFFILIATED BRANDS’ GUIDELINES FOR RECOMMENDED FREQUENCY OF SESSIONS. LOCATIONS HAVE THE RIGHT TO REFUSE SERVICE THAT IN THE PROFESSIONAL OPINION OF THEIR LICENSED ESTHETICIANS, COSMETOLOGISTS, WAXOLOGISTS, MASSAGE THERAPISTS OR OTHER PROFESSIONALS COULD INJURE YOU OR IS UNSAFE AT THAT TIME.
You are required to present photo ID when checking in for services at Locations.
PAYMENT(S)
Payments are charged to your credit/debit card beginning the day you sign up and monthly thereafter as further set forth in the GlowPass Membership Agreement. You acknowledge that we, our affiliates, and our franchise owners are all separate legal entities and that the Sessions you are entitled to receive through the GlowPass Membership Agreement will be provided by franchisees of our affiliates that franchise the Amazing Lash Studio®, Drybar®, Elements Massage®, and Radiant Waxing® systems, and not by us or any of our affiliates (except for two Elements Massage® studios in Colorado). Prices for additional services may vary by Location. GlowPass membership rates may vary by location and are subject to change upon 30 days’ written or electronic notice to you. GlowPass membership payments and Location service costs may be subject to tax in some localities and States.
You are responsible for all payments and related fees due pursuant to your GlowPass Membership Agreement. In our addition to our rights under your GlowPass Membership Agreement, we, on our own or through our designee(s), reserve the right to collect any and all delinquent dues or fees owed by you. If you are delinquent in payment of your payments or fees, we, on our own or through our designee(s), reserve the right to refer you to a collection agency and you must pay all reasonable collection costs associated with the collection of such unpaid payments or fees.
You understand that your credit/debit card information will be monitored by our software system, including the date of expiration. Your failure to provide us with updated, current, credit/debit card information may result in suspension or termination of your membership.
Agreeing to Privacy Policy & Email
We value your privacy. Our collection of your personal information and how we use it is governed by our “Privacy Policy,” which you may review by visiting: Privacy Policy
Details from your GlowPass Membership Agreement (including your personal information) will be collected and used for the purposes of administering the GlowPass Program (which may include disclosure to third parties for the purpose of processing and administering the GlowPass Program) and for marketing and data analysis purposes. By submitting a GlowPass Membership Agreement, you agree to receive marketing materials and other email communications from our affiliated brands. If you do not wish to receive these email communications, you can request that they be discontinued by clicking “Unsubscribe” on such email communications or sending an “unsubscribe” request as further directed in the Privacy Policy listed above.
Additional Terms
By joining the GlowPass Program, you agree to be bound by the Terms and Conditions set forth herein and in the GlowPass Membership Agreement. We reserve the right to cancel, modify, or restrict the GlowPass Program or any aspect of the GlowPass Program at any time upon thirty (30) days’ written or electronic notice to you. We may modify these Terms and Conditions at any time without notice to you, except as otherwise set forth herein, and such changes will become effective immediately, subject to applicable law. Your continued use of Sessions after we have posted any changes to these Terms and Conditions indicates your agreement to such changes unless you notify us otherwise. Any hyperlinks referenced within your Membership Agreement are subject to change; however, you may contact us to confirm you are accessing the latest Terms and Conditions and Privacy Policy.
You must engage in appropriate conduct and decorum associated with the receipt of services at any Location, as determined by each Location at its discretion.
We may revoke your membership in the GlowPass Program or discontinue services at any time for failure to abide by the GlowPass Membership Agreement or these Terms and Conditions. The interpretation and application of these Terms and Conditions and GlowPass Membership Agreements are at our sole discretion and determination.
Neither we, our affiliates, nor any of their franchisees are responsible for lost or stolen articles or goods while you are present at any Location at which Sessions are provided.
Liability Disclaimer
We and our affiliates and their franchisees are not liable to you for the independent professional decisions, services, and advice you receive from Locations’ licensed estheticians, cosmetologists, waxologists, massage therapists, and related professionals through your GlowPass Program membership. GP MBM, LLC is not involved in, and is not responsible for, employment and personnel matters and decisions made by any Amazing Lash Studio®, Drybar®, Elements Massage®, or Radiant Waxing® franchise owner.
You must keep your contact information and pertinent medical and skin care product use information up-to-date and inform Locations of any changes. Neither we nor our affiliates or their franchisees are responsible for errors, allergic reactions, or other effects caused by incorrect or outdated member information.
You acknowledge and agree that neither we nor anyone else has made any other representations to induce you to become a GlowPass member or otherwise participate in this membership program.
Indemnification
By participating in the GlowPass Program, you hereby agree to indemnify, defend (with counsel selected by us) and hold harmless (to the fullest extent permitted by law) us and our affiliates (including but not limited to the franchisors of the Amazing Lash Studio®, Drybar®, Elements Massage®, and Radiant Waxing® brands) and their employees, franchisees, affiliates, successors, predecessors, and heirs and assigns, from and against any and all claims, demands, obligations, actions, liabilities, defenses, and damages of any kind and nature whatsoever, in law or in equity, whether known or unknown, or which may hereafter be discovered, accrued, or sustained in connection with, as a result of, or in any way arising from your participation or interest in the GlowPass Program, your GlowPass Membership Agreement, these Terms and Conditions, or your receipt of any Sessions.
Assumption of Risk, Release, and Dispute Resolution
The GlowPass Membership Agreement, including these Terms and Conditions, will be governed by and interpreted under Arizona law (without regard to its rules on conflicts of law). On behalf of yourself, your heirs, family, assigns, and successors, by submitting a GlowPass Membership Agreement, you hereby waive all claims, assume all risks and liability, and release, indemnify, and agree to defend GP MBM, LLC, its subsidiaries and affiliates and their respective franchisees, shareholders, members, principals, owners, officers, directors, employees, agents, representative, successors, and assigns (each a “Released Party”) from liability for any injury, claim, cause of action, suit, demand, and damages (each a “Claim”) (including, without limitation, personal injury, economic loss, and punitive or consequential damages) arising in whole or in part out of your receipt of services at any Locations, including any Claims based on any Released Party’s negligence, breach of any contract and/or express or implied warranty, or any and all violation(s) of applicable federal law or law of the state in which any Locations are located, whether known or unknown as of the date you submitted your GlowPass Membership Agreement. If any damages are nevertheless enforced against any Released Party, such damages shall exclude punitive or consequential damages and shall be limited to the total amount you have paid to GP MBM, LLC in the twelve (12) months preceding the Claim. As a precondition to initiating any legal proceeding against any Released Party, you agree to engage in mediation of any Claims with GP MBM, LLC. Any and all further disputes and legal proceedings arising under or relating to the GlowPass Membership Agreement, including these Terms and Conditions, or the parties’ relationship described herein will be resolved by arbitration under the Commercial Arbitration Rules of the American Arbitration Association. You agree that arbitration will be conducted on an individual basis, and may not be conducted on a class-wide basis or consolidated with any other arbitration proceeding. Any arbitration will be venued in Denver, Colorado. The prevailing party in any dispute will recover its costs and expenses incurred, including reasonable attorneys’ fees, from the non-prevailing party.
WEBSITE TERMS OF SERVICE
Last Updated: February 24, 2022
1. Terms of Service
These Terms of Service (“Terms”) govern your use of GP MBM, LLC and their Affiliates and subsidiaries (collectively, “us”, “we” “our” or "GlowPass") websites. These Terms cover all GlowPass’ websites, mobile phone applications, and which include, but are not limited to, the website(s) at www.theglowpass.com, and specifically includes any branded website(s) or applications that have been developed for any of our Affiliates (the “GP Sites”). For the purposes of this policy, the term “Affiliate” shall mean any entity, individual, firm, or corporation, directly or indirectly, through one or more intermediaries, controlling, controlled by, or under common control with GlowPass. The Amazing Lash Studio®, Drybar®, Radiant Waxing®, and Elements Massage® franchise systems are collectively referred to as the “Affiliated Brands”. Please note that franchisees of the Affiliated Brands (the “Franchisee”) are each independent entities and their processing of information is subject to their own Terms of Use.
Our Privacy Policy is hereby incorporated into these Terms. By accessing and using the GP Sites, you affirm that you understand and agree to these Terms (the last modified date is found at the end of these Terms).
2. Applicability of These Terms
These Terms apply to all who use or access the GP Sites (“Users”, “you” or “your”). Users can be individuals, businesses, or other organizations. If you are agreeing to these Terms on behalf of another, you represent and warrant that you have the authority to do so and that they are above the age of thirteen (13).
These Terms do not apply to third-party sites or applications or third-party services/providers to which we provide access through the GP Sites. We encourage you to review the terms and privacy policies of these sites and applications before you use them.
These Terms do not apply to services received at physical Franchisee locations. Franchisees may require you to enter into agreements with those independently owned and operated franchise locations or abide by additional terms of service or privacy policies applicable to the services provided at that physical location (“Franchisee Agreements”). GlowPass disclaims any and all liability arising out of or in connection with the Franchisee Agreements.
You must be eighteen (18) years of age to use the GP Sites. If you learn that your minor under thirteen (13) years of age has used the GP Sites without your consent, please e-mail us at [email protected].
We may revise and update these Terms in our sole discretion, and will post any updates to the Terms on the GP Sites.
3. Access and Use of the GP Sites
• Account Security: GlowPass employs reasonable commercial efforts to deploy and maintain reasonable administrative, physical, and technical safeguards to keep your data and other information confidential and secure. You may be required to create their own unique account prior to gaining access to the GP Sites. You shall be responsible for appropriately securing their accounts, computers, and other electronic devices used to access the GP Sites and for protecting their passwords and other access rights to the GP Sites. you may not interfere with others’ legitimate access to and use of the GP Sites. GlowPass may monitor use of the GP Sites for security and technical support purposes and for validating compliance with these Terms. GlowPass may at any time remove access rights to the GP Sites or require you to change your passwords if GlowPass determines, in its sole discretion, that you use or access to the GP Sites poses an imminent threat to the GP Sites, to others’ use of the GP Sites, or of a violation of law. GlowPass will restore connectivity and functionality as soon as practicable after GlowPass identifies and neutralizes the threat and implements any measures to ensure the threat does not reoccur. You shall be responsible for ensuring that the information provided pursuant to your use of the GP Sites is accurate.
• Mobile Services: GlowPass and its Affiliated Brands may send push notifications, SMS/text messages, or other electronic messages to your mobile device, including but not limited to, for marketing purposes. Your wireless service carrier's charges, data rates, and other fees may apply. Under no circumstances will GlowPass be responsible for any internet service or wireless service carrier charges, fees, or expenses incurred by you. If you change or deactivate your mobile telephone number, you agree to promptly update your account information to stay notified.
• Electronic Communications: By consenting to these Terms, you confirm that you can access electronic information and communications on the GP Sites or via email or mobile services and consent to receiving electronic information and communications, including but not limited to, for marketing purposes by GlowPass and its Affiliated Brands. You give GlowPass and its Affiliated Brands permission to email your information about upcoming appointments, marketing, purchases, shipments, returns, etc. you agree to keep your profile email address up-to-date so GlowPass may communicate with you. You may change your communication preferences at any time in their account or opt-out of marketing or promotion communication by following opt-out procedures found in those communications.
• GLOWPASS’s Rights with Respect to the GP Sites: You acknowledge that GlowPass may limit or control the use of the GP Sites in its discretion at any time and in any manner, including the setting or altering of data retention parameters. GlowPass may terminate accounts that it deems to be inactive. You agree that GlowPass, its directors, officers, employees, successors, and assigns will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any part of the GP Sites, whether temporary or permanent.
• Prohibited Conduct: GlowPass reserves the right to investigate and take appropriate action, including legal action, against anyone who, in GlowPass’ sole discretion, violates these Terms. GlowPass may also suspend or terminate the accounts of violators and report you to law enforcement authorities.
• Special Notice for International Use; Export Controls: GlowPass operates in the United States (U.S.) and is not targeted to individuals who reside in the European Economic Area (EEA) or other countries outside of the U.S.
• Content Submitted to the GP Sites: The opinions expressed on the GP Sites by you reflect solely the opinions of yourself who post thereon and do not reflect the opinions of GlowPass. You acknowledge and agree that we have the right (but not the obligation) to monitor the GP Sites; to alter or remove any comments or other interactions with or on the GP Sites that GlowPass determines, in its sole discretion, is not appropriate; and to disclose such comments and interactions and the circumstances surrounding their transmission to any third party in order to operate the GP Sites properly; to protect ourselves, our sponsors, franchisees, or Users, and to comply with legal obligations or governmental requests. If you believe a message or posting violates these Terms, please contact GlowPass immediately at [email protected] so that we can consider its editing or removal.
4. Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the GP Sites. As a condition of your use of the GP Sites, you warrant that you will not use the GP Sites for any purpose that is unlawful or prohibited by these Terms. You may not use the GP Sites in any manner which could damage, disable, overburden, or impair the GP Sites, or interfere with any other party's use and enjoyment of the GP Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the GP Sites.
All content included as part of the GP Sites, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the GP Sites, is our property or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content, and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the GP Sites. Our content is not for resale. Your use of the GP Sites does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without our express written permission. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors, except as expressly authorized by these Terms.
5. Termination
GlowPass, in its sole discretion, may suspend or terminate your account or use of any of the GP Sites at any time, without notice, for any reason. You may terminate your account at any time. Upon termination: (a) your usage rights will terminate and you must immediately cease all use of the GP Sites; (b) you will no longer be authorized to access your account or the GP Sites; and (c) all obligations accrued prior to termination and with respect to GlowPass’ intellectual property, limited or absence of liability, indemnity rights, and rights regarding its ownership and control of the GP Sites will survive.
6. User Information Transmitted Through the GP Sites
Except as otherwise provided in our Privacy Policy or under these Terms, you acknowledge and agree that any comments, suggestions, ideas, feedback or other information about the GP Sites, including any products sold on such GP Sites ("Submissions"), provided by you to GlowPass are non-confidential and GlowPass is entitled to the unrestricted use and dissemination of these Submissions, and any and all derivative works thereof, for any purpose, commercial or otherwise, without acknowledgment, accounting to, or compensation to you. If you choose to provide Submissions, you grant GlowPass an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Submissions and derivative works thereof in any manner and for any purpose, including to improve the GP Sites and to create other products and services that GlowPass sells or offers for sale.
7. Third Party Websites
GlowPass may provide, or third parties may provide, links or other access to other sites and resources on the GP Sites. GlowPass has no control over such sites and resources and GlowPass is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that GlowPass, its directors, officers, employees, successors, and assigns will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the GP Sites are between you and the third party, and you agree that GlowPass, its directors, officers, employees, successors, and assigns are not liable for any loss or claim that you may have against any such third party.
8. Indemnity and Release
To the fullest extent permitted by law, you are responsible for your use of the GP Sites. You release and agree to indemnify and hold GlowPass and its officers, directors, employees, consultants, successors, assigns, and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to: (a) your unauthorized use or misuse of the GP Sites; (b) your violation of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any rights of a third party, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party.
9. Disclaimer of Warranties
USE OF ANY PORTION OF THE GP SITES IS AT YOUR OWN DISCRETION AND RISK. THE GP SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GLOWPASS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE GP SITES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE GP SITES, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
GLOWPASS MAKES NO WARRANTY THAT ANY PORTION OF THE GP SITES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE GP SITES (A) WILL MEET YOUR REQUIREMENTS, (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, (C) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GP SITES WILL BE ACCURATE OR RELIABLE, OR (D) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE GP SITES WILL MEET YOUR EXPECTATIONS, AND GLOWPASS DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
GLOWPASS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND SUCCESSORS ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE GP SITES, INCLUDING BUT NOT LIMITED TO LOSS OF OR DAMAGE TO YOUR PROPERTY, SUCH AS YOUR COMPUTER SYSTEM, MOBILE DEVICE OR DATA.
GLOWPASS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND SUCCESSORS ARE NOT RESPONSIBLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY FRANCHISEE AGREEMENTS.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
10. Limitation of Liability
GLOWPASS AND ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, THIRD PARTY SERVICE PROVIDERS, LICENSORS, OR CONTENT PROVIDERS, WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE GP SITES: (A) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (C) FOR YOUR USE OR INABILITY TO USE OR RELIANCE ON THE GP SITES OR ANY CONTENT OR OTHER MATERIALS AVAILABLE THROUGH THE GP SITES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; OR (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE GP SITES.
UNLESS OTHERWISE PROHIBITED BY LAW, THE MAXIMUM LIABILITY OF GLOWPASS AND ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, THIRD PARTY SERVICE PROVIDERS, LICENSORS OR CONTENT PROVIDERS TO YOU FOR ANY AND ALL DAMAGES, LOSSES AND CAUSES OF ACTION WILL NOT EXCEED $100.00. IN STATES WHERE THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE ARE NOT ALLOWED, GLOWPASS IS RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU.
GLOWPASS DOES NOT LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO. THIS SECTION DOES NOT AFFECT CONSUMER RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU IF YOU RESIDE IN SUCH A JURISDICTION. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, GLOWPASS’S LIABILITY WILL OTHERWISE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
11. Governing Law
These Terms shall be treated as though they were executed and performed in Colorado, and shall be governed by the laws of the State of Colorado and the laws of the United States without regard to conflict of law principles. Any claim or dispute related to the GP Sites or under these Terms, the Privacy Policy, and any legal notices on the GP Sites, must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose), or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of Denver, in the State of Colorado.
12. Construction and Assignmen
• Construction. In the event that these Terms conflict with any agreement between you and GlowPass, these Terms shall govern. In the event that these Terms conflict with any Franchise Agreements, such Franchise Agreements shall govern. The failure of GlowPass to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision or a waiver of any subsequent breach or default such provision. If any provision of these Terms is found by a court of competent jurisdiction or an arbitrator to be invalid, the parties nevertheless agree that the court or arbitrator should endeavor to give effect to the parties' intentions as reflected in that provision, and the other provisions of these Terms will remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. Throughout these Terms the use of the word "including" means "including but not limited to".
• Your Assignment Prohibited without Prior Written Consent. You may not assign these Terms, in whole or in part, by operation of law or otherwise, without the prior written consent of GlowPass. Any attempt to assign or transfer the Terms, without such consent, will be void. GlowPass may assign or transfer these Terms, in whole or in part, without restriction and without providing notice to or obtaining consent from you. The provisions of these Terms will inure to the benefit of, and be binding upon, the parties and their respective successors and permitted assigns.
13. Notice for California Users
Under California Civil Code Section 1789.3, users of the GP Sites from California are entitled to the following specific consumer rights notice: You may contact us to resolve a complaint regarding the service or to receive further information regarding use of the service at GP MBM, LLC, 9780 S. Meridian Blvd., Suite 400, Englewood, Colorado 80112 or by emailing at [email protected]. If you choose, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210. Information about the Department's consumer complaint process can be found on its website at https://www.dca.ca.gov/consumers/complaints/consumer.shtml. California Civil Code Section 1798.83 permits California residents who use the GP Sites to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, or if you have any questions or concerns about your California privacy rights, our Privacy Policy or our use of your Personal Information, please contact us at the address or email provided below. Please include “Privacy” in the subject line of any email or postal letter. Additional information for California residents pertaining to their privacy rights can be found in the Privacy Policy.
14. Changes to Terms
These Terms may be updated from time to time. We reserve the right to modify these Terms at any time without notice, so please review these Terms frequently. When changes are made to these Terms, we will revise the “last updated” date at the bottom of these Terms. Your continued use of the GP Sites after we have posted any Terms changes indicates your agreement to the changes unless you notify us otherwise.
If you wish to retain a copy of these Terms, you should print a copy or save a copy for your records.
15. Contact Us
If you have any questions or comments about these Terms or if you wish to report a violation of these Terms, please e-mail us at [email protected] or send us a letter at:
GP MBM, LLC
1890 Wynkoop Street, Unit 1
Denver, Colorado 80202
