Terms of service

OVERVIEW

Shopify, Inc. ("Shopify") operates this website (the "website") pursuant to agreements with GLOWIQ ("GLOWIQ"). GLOWIQ and Shopify are hereinafter referred to as "we" or "us".

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before using this website. Your use of this website confirms your unconditional acceptance of the following  Terms of Service. If you do not accept these  Terms of Service, do not use this website. 

SECTION 1 – ELIGIBILITY

By agreeing to these Terms of Service, 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 of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – ACCOUNT RESPONSIBILITIES

By creating an account on our website, you agree to the following responsibilities:

- Accuracy of Information

You agree to provide and maintain accurate, current, and complete information during the registration process and at all other times when using the site.

- Account Security

You are solely responsible for maintaining the confidentiality of your account login credentials, including your username and password. You agree to notify us immediately of any unauthorized use of your account.

- Personal Use Only

Unless explicitly authorized, your account is for personal or internal business use only. You may not share your account with others or allow multiple users to access it using your credentials.

- Unauthorized Activity

You are responsible for all activities that occur under your account, including any misuse. If you believe your account has been compromised, you must notify us immediately.

- Compliance with Laws

You agree not to use your account for any unlawful purposes or in violation of any applicable local, state, national, or international law.

- Termination of Account

We reserve the right to suspend or terminate your account at our discretion, especially in the event of any breach of these Terms.

SECTION 3 – PRODUCTS, CONTENT, AND SPECIFICATIONS

All features, content, specifications, products and prices of products and services described or depicted on this website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. 

We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this website. By placing an order, you represent that the products ordered will be used only in a lawful manner. 

- Sale items are final sale and are not eligible for refunds or exchanges.

- Discount codes: Can I add a promo code after my order has been submitted? Promo codes cannot be added to an order after it has been placed, or applied to a previous purchase. The promo or discount code must be entered in the discount box at checkout to receive the current promotion or discount before placing the order. Can I combine promo codes on my order? No, only one promo code can be used per order, and in some cases codes may only be redeemed once. The promotion ended, can I still use my code? All promo codes are available for a limited time and while supplies last. Expired codes are no longer valid and cannot be used.

SECTION 4 – SHIPPING LIMITATIONS

When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this website. All purchases from this website are made pursuant to a shipment contract. 

As a result, risk of loss and title for items purchased from this website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

SECTION 5 – ACCURACY OF INFORMATION

We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this website. For example, products included on the website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the website. 

In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order. 

SECTION 6 – USE OF THIS WEBSITE

The website design of GLOWIQ and all text, graphics, information, content, and other material displayed on or that can be downloaded from this website are either the property of, or used with permission by, Upstride LLC (United States) and Shopify are protected by copyright, trademark and other laws and may not be used except as permitted in these  Terms of Service or with the prior written permission of the owner of such material. You may not modify the information or materials located on this website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. 

Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password. 

SECTION 7 – TRADEMARKS

Certain trademarks, trade names, service marks and logos used or displayed on this website are registered and unregistered trademarks, trade names and service marks of us and our affiliates. Other trademarks, trade names and service marks used or displayed on this website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this website without our written permission or the written permission of such third party owner. 

SECTION 8 – USER CONDUCT

Linking To This Website. Creating or maintaining any link from another website to any page on this website without our prior written permission is prohibited. Running or displaying this website or any material displayed on this website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this website must comply with all applicable laws, rules and regulations. 

Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this website of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials. 

User Information. Other than personally identifiable information, which is subject to this website's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this website in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. We, each of our affiliates and/or our designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable. 

Disclaimers. Your use of this website is at your risk. The materials and services provided in connection with this web site are provided "As is" without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither we nor any of our affiliates warrant the accuracy or completeness of the materials or services on or through this web site. The materials and services on or through this web site may be out of date, and neither we nor any of their affiliates make any commitment or assume any duty to update such materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

SECTION 9 – THIRD PARTY LINKS

From time to time, this website may contain links to websites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this website. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this website, you do so entirely at your own risk. 

SECTION 10 – ALL PRODUCTS AND SERVICES

All products and services purchased on or through this website are subject only to any applicable warranties of their respective manufactures, distributors and suppliers, if any. To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this web site. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. We make no warranties to those defined as "Consumers" in the magnuson-moss warranty-federal trade commission improvements act. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

SECTION 11 – LIMITATIONS OF LIABILITY

We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this website or your downloading of any materials, from this website. 

In no event will we, our respective officers, directors, employees, shareholders, affiliates, parent corporations, agents, successors, assigns, retail partners nor any party involved in the creation, production or transmission of this website be liable to any party for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this web site, any websites linked to this website, or the materials, information or services contained at any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

In the event of any problem with this website or any content, you agree that your sole remedy is to cease using this website. In the event of any problem with the products or services that you have purchased on or through this website, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer's or supplier's warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this website.

SECTION 12 – REVISIONS TO THESE TERMS OF SERVICE

We may revise these  Terms of Service at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current  Terms of Service because they are binding on you. Certain provisions of these  Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages at this website. 

SECTION 13 – CHOICE OF LAW

These  Terms of Service supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These  Terms of Service will be governed by and construed in accordance with the laws, without giving effect to any principles of conflicts of laws. A printed version of these  Terms of Service shall be admissible in judicial and administrative proceedings based upon or relating to these  Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

SECTION 14 – TERMINATION

You or we may suspend or terminate your account or your use of this website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this website at any time without notice. 

SECTION 15 – CONTACT INFORMATION

If you do not understand any of the foregoing  Terms of Service or if you have any questions or comments, we invite you to contact our Customer Service Department.