GLOW JAR BEAUTY INC

TERMS OF SERVICE

Last Updated September 1, 2020

USE OF OUR SERVICES SIGNIFIES YOUR UNDERSTANDING, CONSENT, AND AGREEMENT TO COMPLY WITH THESE TERMS OF SERVICE

These Terms of Service apply to your use of the glowjar.ca and skincarewellnessprogram.com websites (collectively, the “Sites”) and any Streaming Services (defined below) offered by Glow Jar Beauty Inc.  Streaming Service and Sites are hereinafter collectively referenced as “Services”).  By using our Services, you agree to comply with and be bound by the following terms of service (“Terms of Service”). 

If you do not agree to these Terms of Service, you do not have the right to access the Sites or use the Services in any way.  For purposes of this agreement, the terms “GLOW JAR BEAUTY INC,” “we,” “us,” and “our” refer to Glow Jar Beauty Inc and Skincare Wellness Program and all of its affiliates, and “you” or “your” refers to you, as a user of these Services. 

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST GLOW JAR BEAUTY INC  ON AN INDIVIDUAL BASIS, NOT AS A CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

Important Disclaimers

ALL THE SERVICES ARE PROVIDED “AS IS.”  WE DO NOT MAKE ANY GUARANTEES OF RESULTS OR MEDICAL ADVICE. YOU SHOULD KNOW THAT ALL PRODUCTS AND SERVICES BY OUR COMPANY ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY.  MAKING DECISIONS BASED ON ANY INFORMATION PRESENTED IN OUR SERVICES SHOULD BE DONE ONLY WITH THE KNOWLEDGE THAT YOU COULD EXPERIENCE RISK OR LOSSES JUST LIKE ANY ENTREPRENEURIAL ENDEAVOR.  ALWAYS CONSULT YOUR DOCTOR OR DERMATOLOGIST. 

 

THE FOREGOING DISCLAIMERS SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS ELSEWHERE IN THESE TERMS OF SERVICE.

 

Modification of the Terms of Service

Internet technology and the applicable laws, rules and regulations change frequently. Therefore, the parties agree that GLOW JAR BEAUTY INC may modify these Terms of Service at any time by adding new terms or amending existing terms. Such modifications will be effective as of the date that the updated Terms of Service are posted (“Effective Date”). Your use of the Services after the Effective Date, constitutes your acknowledgment of such modifications and your agreement to abide, and be bound, by the Terms of Service as modified. If you do not accept such modification(s), then do not continue to use the Services. GLOW JAR BEAUTY INC shall provide written notice of such modification before the Effective Date. You hereby agree to receive such notifications by email. 

Streaming Service

We provide streaming of online courses over the internet to certain devices (“Streaming Service”). Currently, the Streaming Service is only available on computers and certain tablet devices. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate the Streaming Service. Any description of how the Streaming Service works should not be considered a representation or obligation with respect to how the Streaming Service will always work. We are constantly making adjustments to Streaming Service and often these adjustments are not completely captured within these Terms of Service.

You are responsible for ensuring that you have internet access and for all internet access charges. Please check with your internet provider for information on possible internet data usage charges. GLOW JAR BEAUTY INC makes no representations or warranties about the quality of the Streaming Service. The amount of time it takes to initiate the Streaming Service on a device will vary based on a number of factors, including your location, available bandwidth at the time, the particular online course you have selected and the configuration of your device. In addition, you must be connected to the internet throughout the period in which you are accessing the Streaming Service.

Personal and Non-Commercial Limited License

GLOW JAR BEAUTY INC hereby grants you a limited, revocable, non-exclusive, non-transferable license, without any right to sublicense, to use the Services solely for your own personal use and not for republication, display, performance, reproduction, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. Except as stated above, all rights are reserved. You agree not to copy materials, content or any other information on the Services, reverse engineer or break into (hack) the Services, or use materials, products or services in violation of any state or federal law.  In addition, you shall not manipulate or otherwise display the Services by using framing or similar navigational technology, nor shall you access the Services by any means other than through the standard industry-accepted interfaces. Commercial use of the Services, any content on the Services or any goods purchased through the Services is strictly prohibited. Any unauthorized use of the Services or any content therein will terminate the limited license granted by us and will result in the cancellation of your account and access to the Services.

Availability

The availability of the Services may change from time to time. The quality of Services may also vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection. Additionally, the Services be unavailable to you from time to time due to certain technical difficulties, routine site maintenance/upgrades, and other events outside the control of GLOW JAR BEAUTY INC. In addition, GLOW JAR BEAUTY INC reserves the right at any time and from time to time to modify or discontinue (on a temporary or permanent basis) certain functions of the Services or all of the Services, with or without notice.

Access Restriction and Termination

Access and use of the Services, is expressly conditioned on your compliance with all relevant laws, regulations, contractual obligations, and these Terms of Service. GLOW JAR BEAUTY INC  may restrict, suspend, or terminate your access to all or any part of the Services at any time and for any reason in its sole and complete discretion, including but not limited to (1) when required by law; (2) when GLOW JAR BEAUTY INC believes, in its sole discretion, that a user may be violating the law or these Terms of Service; or (3) any other reason that GLOW JAR BEAUTY INC  deems appropriate in its sole and complete discretion. GLOW JAR BEAUTY INC reserves the right to exercise whatever means it deems necessary to prevent unauthorized use or access to the Services.  Upon termination of this Agreement, your account and right to access and use the Services will terminate immediately. You understand that any termination of your account involves deletion of your User Content associated therewith from our Services.  The following section will survive termination:  Important Disclaimers; No Unlawful or Prohibited Use; Trademarks, Copyright, and Proprietary Rights; Indemnification; Disclaimer; Limitation on Liability; Choice of Law; Agreement to Arbitrate; Consent to Receive Notices Electronically; Assignment and Severability. 

No Unlawful or Prohibited Use

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these Terms of Service. You may not use the Services in any manner which could damage, disable, interrupt, overburden, or impair the Services or GLOW JAR BEAUTY INC ’s network or servers, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services, including but not limited to bypassing any access controls and/or downloading or otherwise capturing any streaming content.  In addition, you shall not register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for the Services if you are not expressly authorized by such party to do so.  Additionally, you shall not engage in spidering, “screen scraping,” “database scraping,” harvesting of information, or any other automatic means of accessing, logging-in or registering on this website, or obtaining or accessing other information from or through this Services. 

You may not use GLOW JAR BEAUTY INC ’s icons, domain names, URL addresses, or other means to hyperlink other internet sites with any page in the Services.  You must obtain prior written permission from GLOW JAR BEAUTY INC to hyperlink in any manner to the Services. 

The following actions are also expressly prohibited:

1) Transmitting unsolicited email or spam;

2) Using any GLOW JAR BEAUTY INC or SKINCARE WELLNESS PROGRAM domain name as a pseudonymous return email address for any electronic communications; 

3) Pretending to be someone else or spoof their identity; 

4) Soliciting business, selling products, or otherwise engaging in commercial activities or personal advertisements; 

5) Using the Services to perpetrate fraud, misrepresentation or illegal activity; 

6) Attempting to gain unauthorized access to the Services or another user’s account, through hacking, password mining or any other means; 

7) Attempting to circumvent or compromise any security measures; 

8) Creating or releasing computer viruses, Trojan horses, or worms or otherwise engaging in destructive or potentially destructive programming activities; 

9) Deep linking to any part of the Services; 

10) Modifying, altering, or tampering with systems hardware or software; 

11) Reselling or repurposing your account, content, or any of the Services; or 

12) Assisting or permitting any person engaging in any of the activities described above.

Password and Responsibility for User Account

When you create an account with GLOW JAR BEAUTY INC, you will be responsible for creating a confidential user name and password. The account is provided solely for your own personal use. Your account is non-transferrable and cannot be sold, combined, or shared with any other person. You are solely responsible for all activities that occur under your account. You are responsible for keeping your user name and password confidential. You shall not knowingly disclose your user name and password to any third party. You must notify us immediately of any unauthorized use of your user name and password, if you believe that your user name and password is no longer confidential, or if you believe that there has been a breach in security with respect to your account. We reserve the right to require that you change your password if your account is no longer secure. GLOW JAR BEAUTY INC shall not be liable for any loss or damages you may suffer as a result of someone else using your user name and password.   

Fees, Payment and Term of Service. 

As consideration for the Services you purchased, you agree to pay GLOW JAR BEAUTY INC the applicable service fee identified at the time of purchase. All fees are due immediately and are NON-REFUNDABLE, except as otherwise stated herein or expressly as required by applicable law.  If you qualify, we may extend payment terms to you to allow payment of the services over a period of three months.  If you terminate the Services prior to the end of this 8-week period, the full amount of the service fee will become immediately due and payable.  You agree that the remaining balance may be charged to the credit card account on file.  If service fees are disputed with your bank or credit card provider, GLOW JAR BEAUTY INC may take all remedies available to collect fees owed and may recover from you all costs and expenses (including reasonable attorney fees) incurred by GLOW JAR BEAUTY INC to collect such fees. 

Product Descriptions

GLOW JAR BEAUTY INC does not warrant that product descriptions are current, or error-free. 

Promotions

From time to time GLOW JAR BEAUTY INC may provide opportunities to participate special promotions, and giveaways.  The rules, regulations and procedures governing any of the foregoing shall be accessible through a hypertext link displayed on the web page where the contest or game may be located.  By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures.  Please remember to read the rules carefully before participating.  Discount codes and special promotions cannot be combined unless specifically authorized. 

User Content

User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Services, including without limitation, content in the user’s profile, user reviews, testimonials, and/or postings. You acknowledge and agree that GLOW JAR BEAUTY INC is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof.  GLOW JAR BEAUTY INC does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Content. 

User Content Restrictions. You agree not to use the Services, or any of GLOW JAR BEAUTY INC ’s social media pages or channels to collect, upload, transmit, display, or distribute any User Content that (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third-party.

User Content Responsibilities. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third-party personally identifiable. You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by GLOW JAR BEAUTY INC because you alone are responsible for your User Content (and not GLOW JAR BEAUTY INC ), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy or other applicable laws. GLOW JAR BEAUTY INC is not obligated to backup any User Content and You are solely responsible for creating backup copies of your User Content, if you desire.

Right to Remove Content.  You agree that GLOW JAR BEAUTY INC has the right to remove any content, including User Content, from the Services at any time, with or without cause.  Posting and sharing content on the Services is a privilege and not a right.  GLOW JAR BEAUTY INC also has the right to refuse, move, or block access to any material submitted on or through the Services, and to establish general practices and limits concerning use of the Services.  The decision of whether or not to remove content from the Services is within GLOW JAR BEAUTY INC ’s sole and complete discretion.  GLOW JAR BEAUTY INC has no obligations, contractual or otherwise, to take or refrain from taking any action.  Under no circumstances will GLOW JAR BEAUTY INC be liable for removing or failing to remove any content.

License. You hereby grant, and you represent and warrant that you have the right to grant, to GLOW JAR BEAUTY INC  an irrevocable, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

Feedback. If you provide GLOW JAR BEAUTY INC  any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to GLOW JAR BEAUTY INC  all rights in the Feedback and agree that GLOW JAR BEAUTY INC  shall have the right to use such Feedback and related information in any manner it deems appropriate. GLOW JAR BEAUTY INC will treat any Feedback you provide to GLOW JAR BEAUTY INC as non-confidential and non-proprietary. You agree that you will not submit to GLOW JAR BEAUTY INC any information or ideas that you consider to be confidential or proprietary. 

Other Users.  Each user of the Services is solely responsible for any and all of its User Content. Your interactions with other users are solely between you and such user. You agree that GLOW JAR BEAUTY INC will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any other user, we are under no obligation to become involved.

Trademarks, Copyright and Proprietary Rights

The “Skincare Wellness Program” name is a trademark of GLOW JAR BEAUTY INC.  All other company names and trademarks mentioned herein” are the property of their respective owners.  Nothing herein shall be construed as granting, by implication, or otherwise, any license or right to use the Skincare Wellness Program name or trademark without obtaining the written permission of GLOW JAR BEAUTY INC  or such other third party owner, as applicable. 

All content on the Services, including but not limited to GLOW JAR BEAUTY INC & SKINCARE WELLNESS PROGRAM, course materials, recordings, designs, data and databases, text, graphics, images, photographs, illustrations, audio and video material, artwork, proprietary information, client-side code (e.g. HTML, JavaScript, etc.) and server-side code (e.g. active server pages, VBScript, databases, etc.) and all copyrightable elements of the Services, and their selection and arrangement (the “Site Content”) individually and/or collectively, are the proprietary property of GLOW JAR BEAUTY INC  and is protected by Canadian copyright law, international treaties and other intellectual property rights.  Site Content may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without prior written consent.

You acknowledge that GLOW JAR BEAUTY INC will aggressively enforce its intellectual property rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.

Restrictions on Age of Purchaser

You must be 18 years of age or older to purchase or use any products or services offered on the Services. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member. 

Third-Party Links and Services

The Services may contain links to third-party websites that are not under the control of or maintained by GLOW JAR BEAUTY INC including advertiser websites and third party financing companies (the “Linked Sites”).  The Linked Sites are not under the control of GLOW JAR BEAUTY INC and GLOW JAR BEAUTY INC is not responsible for the contents of any Linked Site.  GLOW JAR BEAUTY INC does not endorse or make any representations about these websites, or any information, materials, or products found thereon.  If you access any of the Linked Sites, you do so at your own risk.  In no event shall GLOW JAR BEAUTY INC  be liable for any loss, claim, damages, or costs that may arise in connection with any dealings with third parties or participation in promotions offered by third parties, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions. 

Indemnification

You agree to indemnify, defend and hold harmless GLOW JAR BEAUTY INC, its officers, directors, shareholders, partners, employees, agents, attorneys, affiliates, successors and assigns from any liability, loss, claim and expense, including reasonable attorneys’ fees, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to (a) your breach or violation of these Terms of Service or any applicable state or federal law or (b) your use of the Services.  This provision shall survive the termination of these Terms of Service. 

Disclaimer

THE INFORMATION ON OUR SERVICE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS without any warranties of any kind.  YOU AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK.  GLOW JAR BEAUTY INC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, or third party rights arising out of course of conduct or trade custom or usage.  You understand and agree that the operation of OUR SERVICES may involve bugs, errors, problems, or other limitations.  GLOW JAR BEAUTY INC HAS no liability whatsoever for your use of OUR PROGRAMS & SERVICES or use of any information or services accessed through SERVICES.  No advice or information, whether oral or written, obtained by you from GLOW JAR BEAUTY INC through the SERVICE shall create any warranty, representation, or guarantee of any kind. 

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you if prohibited by law. 

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL GLOW JAR BEAUTY INC  BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO OUR SERVICES, YOUR USE OF THE SERVICES, OR THE CONTENT OR MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES AND/OR CONTENT IS TO CEASE ALL OF USE. 

Some states and other jurisdictions may not allow this limitation of liability, so the forgoing disclaimer may not apply to you if prohibited by applicable law.

Choice of Law

These Terms of Service shall be controlled by the laws of the State of Colorado, giving no effect to any conflict principles. 

Agreement to Arbitrate

Any and all disputes, conflicts, problems, controversies, or claims of any kind arising from the relationship of the parties, the Services, these Terms of Service, or the interpretation thereof, no matter how described, pleaded or styled, shall be shall be submitted to binding arbitration under the substantive and procedural requirements of the Constitution of Canada.   The parties agree that the arbitrator, and not a court, shall have exclusive jurisdiction over the interpretation, validity, and scope of this arbitration agreement.  The costs of the arbitration filing fee, arbitrator’s compensation, and facilities fees will be paid by GLOW JAR BEAUTY INC.  Each party shall pay for its own attorneys’ fees and costs.  Any dispute or claim shall be brought solely in that party’s individual capacity, and not as a plaintiff or class member in any purported class action, representative proceeding, mass action or consolidated action.  Neither party shall file or maintain any lawsuit in any court against the other, and agree that any suit filed in violation of this arbitration agreement shall be dismissed by the court in favor of an arbitration conducted pursuant to this arbitration agreement and all costs and attorneys’ fees incurred in enforcing this provision shall be paid by the party that filed the lawsuit, except that this provision does not affect either party’s right to seek relief in small claims court for disputes or claims within the scope of its jurisdiction.  If this arbitration agreement is declared unenforceable and cannot be administered, interpreted, or modified to be enforceable, the parties agree to waive any right to a jury trial with respect to any dispute to which the arbitration agreement applies.  This provision shall survive the termination of these Terms of Service.

BY ACCEPTING THESE TERMS OF SERVICE YOU ACKNOWLEDGE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND ANY RIGHTS YOU MAY HAVE TO BRING ANY CLAIMS ON A CLASS, REPRESENTATIVE, CONSOLIDATED OR MASS ACTION BASIS.

Consent to Receive Notices Electronically

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these terms refer from us electronically, including without limitation by e-mail or other electronic communication technology that may hereafter be developed.  You agree that all Notices that we provide to you electronically satisfy any legal requirements that such communications be in writing.  To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing beauty@glowjar.ca and discontinue your use of our Services.  In such event, all rights granted to you pursuant to these Terms of Service, including, without limitation, the licenses to use the Services set forth above, shall automatically terminate.  Also, please note that your consent to receive notices is separate from any election that you make with respect to receipt of marketing communications, which is discussed under the Privacy Policy. 

Assignment

These Terms of Service and our rights hereunder may be assigned, in whole or in part, by GLOW JAR BEAUTY INC to a third party, in our sole discretion, in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise, in whole or in part. You may not assign, sublicense, or delegate your rights hereunder.

 

Contact

If you have any questions about these Terms of Service you may contact us at:

GLOW JAR BEAUTY INC

VICTORIA, BC, CANADA

beauty@glowjar.ca

250.818.9110