Terms and Conditions
Effective as of May 10, 2017
By accessing, using, or viewing the GLAMD Website, http://bglamd.com (the "Site") or any of its services, functions or contents, You agree to each of the following terms, conditions and notices which govern Your use of the Site and Your purchase of products and services on the Site (the "Terms and Conditions").
1. Use of the Site
The Site is to be used by You for Your personal use only. Commercial uses of this Site are strictly prohibited unless prior written consent by a limited liability company (LLC) "MICROBLADING BY GLAMD LLC" with its office at 351 W Chicago Ave, Chicago, IL 60654, USA ("GLAMD" or the "Company") has been granted. You agree that You will not use any robot, spider, other automatic device or manual process to monitor or copy the Site or any contents or information contained therein, unless You obtain prior express written consent from GLAMD. You agree that You will not through any means interfere or attempt to interfere with the proper functioning of the Site. You agree that You will not provide to GLAMD or to this Site: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for GLAMD or cause GLAMD to lose (in whole or in part) the services of our suppliers.
2. Products and Services
These products and services made available by GLAMD and its suppliers on this Site are intended for personal use only. You may not assign, transfer, re-market, resell or otherwise dispose of, such products and services without obtaining prior written consent from GLAMD. GLAMD and its suppliers may cancel or modify purchases on the Site if it appears that they are the result of fraudulent or inappropriate activity or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Other terms and conditions included on the Site, including return and shipping policies, may apply to Your purchase and are incorporated by reference herein.
4. Proprietary Rights
This Site contains and references trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of GLAMD and other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of GLAMD and other parties is granted to or conferred upon You. Reproduction or storage of materials obtained from this Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. No material from the Site may be reproduced, distributed, posted, displayed, uploaded or transmitted. The use of any material from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any GLAMD trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other "hidden text" utilizing our name, trademarks or other proprietary information.
By Interacting with GLAMD (whether on Facebook, Twitter, Pinterest, Instagram or other) You consent and grant to GLAMD a perpetual, worldwide, royalty-free license to use Your Image and Contributions for the purposes of promoting, advertising and endorsing GLAMD and GLAMD products, goods and services, including without limitation for the purposes of Your participation in any promotional activity for the same, and in any media including without limitation, television, social media, the Site, or in print advertising materials.
5. Copyright Policy
According to the Digital Millennium Copyright Act You are entitled to notify us through the contact information about an infringement of intellectual property rights by providing a notice which contains substantially the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- 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 the service provider to locate the material;
- information reasonably sufficient to permit the service provider 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;
- 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.
- 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.
If You believe in good faith that a notice of copyright infringement has been wrongly filed against You, the DMCA permits You to send GLAMD a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the GLAMD services and goods should be sent to GLAMD 2321 n. Wolcott Avenue Chicago, IL 60614. Consult Your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
You agree that GLAMD has no obligation to, but may monitor and review information You transmit over the Site. You agree that GLAMD may censor, edit, remove or prohibit the transmission or receipt of any information that GLAMD deems inappropriate or in violation of these terms and conditions, and use any such information as necessary to provide the Site and to protect the rights of GLAMD. You agree that GLAMD may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.
7. Linked Web Sites
This Site includes links to other web sites. GLAMD provides such links solely as a convenience to You and for informational purposes only. GLAMD has not reviewed all of the information on these other web sites. The inclusion of these links in no way indicates endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such web sites. Neither GLAMD, nor any other providers of products or services related to this Site, shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If You decide to access other web sites, You do so at Your own risk. Other web sites may include links to the Site. The inclusion of such links does not indicate the other web site's endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from the Site.
8. Advertising Disclosure, Accuracy
Product descriptions posted on our product pages are the representations of our suppliers. The Site may contain technical inaccuracies or typographical errors or omissions. GLAMD is not responsible for typographical, pricing, product information, advertising or shipping errors. Advertised prices and available quantities are subject to change without notice. GLAMD reserves the right to make changes, corrections and/or improvements to the Site, and to the products and programs described in such information, at any time without notice.
GLAMD and any other providers of products or services on the Site are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, GLAMD and any other providers of products or services related to this Site are not responsible for incorrect or inaccurate entry information, whether caused by You or by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site.
10. Idea Submission Waiver
Please, be aware that if You send GLAMD creative ideas, suggestions, inventions, or materials, GLAMD shall: own, exclusively, all now known or later discovered rights to the ideas; not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any ideas; and be entitled to unrestricted use of the ideas for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.
YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE SITE, AND ANY RELATED INFORMATION, CONTENTS AND/OR MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. GLAMD HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
12. Limitation of Liability
YOU AGREE THAT IN NO EVENT SHALL GLAMD, ITS AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THIS SITE OR THE PERFORMANCE OR NON-PERFORMANCE BY GLAMD OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF GLAMD CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to indemnify and hold GLAMD and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your breach of the Terms and Conditions or Your violation of any law or the rights of a third party. GLAMD's failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.
14. Arbitration, Class Waiver, and Waiver of Jury Trial
READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT WAIVERS YOUR RIGHTS.
You also acknowledge and understand that, with respect to any dispute arising out of or relating to Your use of the GLAMD products, services and goods or the Terms and Conditions:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE.
You agree that any dispute, controversy or claim arising out of or relating to these Terms and Conditions, the applicability of these Terms and Conditions to the use of this Site, or purchase of any GLAMD or other products on this Site, or to breach or enforcement, interpretation or validity of these Terms and Conditions, or the determination of the scope or applicability of Arbitration shall be governed solely by the Federal Arbitration Act.
If You and GLAMD cannot resolve a dispute informally, any dispute asserted by either party will be resolved only by binding Arbitration. By agreeing to Arbitration, both You and GLAMD understand and agree that all disputes shall be decided by an Arbitrator and that You are waiving Your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both You and GLAMD each agree to resolve disputes (except certain small claims) only by Arbitration.
The Arbitration will be conducted under the JAMS Streamlined Arbitration Rules & Procedures (referred to as the "JAMS Rules") and under the rules set forth in these Terms and Conditions. If there is a conflict between JAMS Rules and the rules set forth in these Terms and Conditions, the rules set forth in these Terms and Conditions will govern. You may, in Arbitration, seek any and all remedies otherwise available to You pursuant to the law of the governing state. All other fees, such as attorneys’ fees and expenses of travel to the Arbitration, will be paid in accordance with JAMS Rules. The Arbitration will be held in Chicago, Illinois. To initiate Arbitration, You or GLAMD must do the following things:
- Write a demand for Arbitration. The demand must include a description of the dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
- Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: JAMS at 71 S Wacker Dr. #3090, Chicago, Illinois 60606.
- Send one copy of the Demand for Arbitration to the other party.
Special Rules in the Arbitration Proceeding. (i) The arbitrator has no authority to make errors of law and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any Federal or State court that has jurisdiction. (ii) Neither You nor GLAMD shall be entitled to join or consolidate claims in Arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER.
15. Termination and Suspension
You agree that GLAMD may, with or without cause, immediately terminate Your access to the Site without prior notice. Without limiting the foregoing, the following will lead to a termination by GLAMD of a Your use of the Site (a) breaches or violations of the Terms and Conditions or other agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by You (self-initiated account deletions), (d) unexpected technical and software issues or problems, and (e) extended periods of inactivity. You agree that all terminations shall be made in GLAMD's sole discretion and that GLAMD shall not be liable to You or any third-party for any termination of Your access to the Site.
GLAMD reserves the right to suspend or terminate Your access to the Site for any reason, at our discretion. GLAMD reserves the right to refuse to provide any product or service to You in the future.
16. Choice of Law and Time to Bring Your Claim
You agree that any dispute will be governed by the law of the State of Illinois and that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with Your use of the Company’s website, its products, or these Terms and Conditions, must be filed within one (1) year after such claim or cause of action arose or be forever banned.
IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE AS SET FORTH IN SECTION 18.
17. Exclusions and Limitations; Consumer Protection Notice
If You are a consumer, the provisions in these Terms and Conditions are intended to be only as broad and inclusive as is permitted by the laws of Your State of residence.
If You are a New Jersey consumer, the terms of Sections 9, 11, 12, 13, 14 and 17 do not limit or waive Your rights as a consumer under New Jersey law and the provisions in these Terms and Conditions are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, GLAMD reserves all rights, defenses and permissible limitations under the law of Your State of residence. Notwithstanding the foregoing, nothing in this Section shall modify Section regarding the formal dispute resolution by binding arbitration.
18. Modification of Terms
GLAMD may at any time amend, modify or supplement any terms and conditions applicable to the Site, and Your continued use of the Site will constitute Your acceptance of any such amendment, modification, or supplementation.
GLAMD will notify You regarding the Terms and Conditions or any other agreement.
No part of the Site is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER.
We do not give medical advice.
20. Contact Information
MICROBLADING BY GLAMD LLC
351 W Chicago Ave,
Chicago, IL 60654, USA
Customer Service Phone Number: +1 312-882-7242