January 11, 2024

Glow Commitment Terms of Service

Welcome to Glow Commitment. Please read these Terms of Service (this “Agreement”) carefully before using the Website and the Services (defined herein) offered by Glow Commitment Inc. (“Glow Commitment”, “us”, “we”). This Agreement sets forth a binding legal acknowledgment of the terms and conditions of your use of Glow Commitment’s website, videos or other programs (collectively, the “Website”) and the services, features, newsletters and content offered by Glow Commitment (collectively, the “Services”) to you (“you”, “your”, “user”).

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT, WHICH WILL REQUIRE YOU TO SUBMIT ANY CLAIMS YOU MAY HAVE AGAINST GLOW COMMITMENT TO BINDING AND FINAL ARBITRATION. IN ADDITION, UNDER THE ARBITRATION PROVISION, (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST GLOW COMMITMENT ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO SECTIONS REGARDING ARBITRATION.

The Website and the Services are provided for your personal non-commercial use only, and subject to your compliance with this Agreement. Your use of the Website constitutes your acceptance to be bound by this Agreement without limitation, qualification or change. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of the Website. This Agreement sets forth Glow Commitment’s policies with respect to its operation of the Website and the Services.

YOU MAY NOT USE THE WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT. GLOW COMMITMENT MAY TERMINATE YOUR ACCESS TO THE WEBSITE IMMEDIATELY IN GLOW COMMITMENT’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU USE THE WEBSITE FOR ANY UNLAWFUL PURPOSE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT, OR FOR ANY OTHER REASON OR NO REASON.

By using the Website, you represent and warrant that: (a) you are 18 years of age or older or if you are under 18 years of age you have parental/guardian consent to use the Website; (b) you are authorized to use the computer, mobile device, technology or other device you use to access the Website (collectively, “Device”); and (c) you will access and use the Website in accordance with this Agreement, and any federal, state or local law.

Some parts of the Website may contain adult content and are intended for people who are 18 years of age or older. By viewing this adult content, you are representing that you are at or above such legal age of majority and that the content is acceptable to you. Third party filtering software may be commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the Website content.

Where applicable, Glow Commitment may provide other certain services or products from time to time which may be governed by additional terms (“Additional Terms”) presented in conjunction with those services or products. You must agree to those Additional Terms before using such services or products. Certain areas within this Agreement may be subject to the Additional Terms. This Agreement and the Additional Terms shall apply to your use of the Website, Services and such other services and products as may be provided. In the event of an inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.

1. Streaming and Downloading Services.

Where applicable, in order to (a) stream or download content from the Website and (b) interact with such content by adding comments, posting questions or replying to inquiries, you are responsible for ensuring that your equipment and/or software does not disturb or interfere with Glow Commitment’s operations, Website or Services. Any equipment or software causing interference may be immediately disconnected from the Services and Glow Commitment will have the right to immediately terminate this Agreement. If any upgrade in or to the Services requires changes in your equipment or software (including the operating system for your Device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Services, including the release of new digital content and services, will be subject to the terms and conditions of this Agreement. You agree to follow and comply with any applicable laws in your use of the Services.

2. Modifications to This Agreement

Glow Commitment reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement at any time. Please review this Agreement periodically for changes. Your continued use of the Website or Services constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of the Website or the Services to which the changes may apply.

3. Privacy and Protection of Personal Information

Glow Commitment’s Privacy Policy (the “Privacy Policy”), which can be found here: https://glowcommitment.com/privacy-policy, provides information regarding Glow Commitment’s practices with respect to the collection, use, disclosure and protection of personal information. The Privacy Policy is incorporated into this Agreement, and by using the Website or the Services, you agree to the terms of the Privacy Policy.

4. Accounts, Security, Passwords.

In order to use the Website and the Services, you must complete the specified account registration process and provide us with current, complete and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration process, you may be asked to choose a password and a username. It is entirely your responsibility to maintain the confidentiality of your password and account.

Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Glow Commitment immediately of any unauthorized use of your account. Glow Commitment is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

5. User Code of Conduct.

In accessing and using the Website or the Services, you agree that you will not:

• Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes

• Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through the Website, or any postings which advocate illegal activity.

• Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable.

• Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age or disability.

• Deliver, or provide links to, any postings containing defamatory, false or libelous material.

• Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy or publicity.

• Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.

• Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive or defraud another.

• Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.

• Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.

• Use these Services in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Website or other users’ Devices, or cause damage, disruption or limit the functioning of any software, hardware or telecommunications equipment.

• Attempt to gain unauthorized access to the Website, any related website, other accounts, computer system or networks connected to the Website, through hacking, password mining or any other means.

• Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website, including harvesting or otherwise collecting information about others such as email addresses.

6. Fees.

In accessing and using the Website or the Services, you agree that you will not: Glow Commitment reserves the right to charge a fee or to increase a pre-existing fee for access to or use of the Website or any Services at any time in the future. Your access to or use of the Website before such time does not entitle you to use of the Website without charge or at a lesser charge in the future.

7. Disclaimer of Warranties.

YOUR USE OF, AND RELIANCE ON, ANY ADVICE, INFORMATION, PROCESSES OR PRODUCTS OBTAINED FROM OR THROUGH THE WEBSITE OR THE SERVICES IS AT YOUR OWN RISK. ADVICE OR INFORMATION OBTAINED FROM THE WEBSITE OR THE SERVICES IS NOT MEDICAL ADVICE AND HAS NOT BEEN REVIEWED BY A DERMATOLOGIST. GLOW COMMITMENT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT SUCH ADVICE OR INFORMATION HAS BEEN DESIGNED OR PROVIDED TO TREAT OR CURE ANY SKIN CONDITION, INCLUDING BUT NOT LIMITED TO ROSACEA, PSORIASIS, ACNE OR ECZEMA. GLOW COMMITMENT DOES NOT PROVIDE CUSTOMIZED SKIN CONSULTATIONS VIA THE WEBSITE OR THE SERVICES. GLOW COMMITMENT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OF THE EFFECTIVENESS OF ANY PRODUCT OR PROCESS REFERENCED ON THE WEBSITE OR THE SERVICES. USE OF ANY SUCH PRODUCT OR PROCESS IS AT YOUR OWN RISK.

ALL CONTENT, INCLUDING VIDEOS, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE WEBSITE, THE SERVICES OR GLOW COMMITMENT INTERACTIVE SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. GLOW COMMITMENT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GLOW COMMITMENT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. GLOW COMMITMENT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVICES WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. GLOW COMMITMENT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THE WEBSITE FOR ANY PURPOSE, INCLUDING VIDEOS, PRODUCTS, PROCESSES, SERVICES, INFORMATION, VIDEOS, RECORDINGS, TEXT, AND RELATED GRAPHICS AND MEDIA CONTENT.

GLOW COMMITMENT IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OF A VIDEO OR GLOW COMMITMENT INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

8. Limitations on Liability.

In no event shall Glow Commitment, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting or otherwise making available the Website and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Website; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the Website or the Services, or any information, software, products, services and related graphics obtained through the Website; (vi) any transactions entered into through the Website; (vii) any property damage including damage to your Device or computer system caused by viruses or other harmful components, during or on account of access to or use of the Website or any site to which it provides hyperlinks; (viii) any injury or damages caused by your purchase of any products or application of any techniques or processes discussed, mentioned or referenced on the Website or the Services; or (ix) damages otherwise arising out of the use of the Website and Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Glow Commitment has been advised of the possibility of damages.

9. Indemnification.

You agree to indemnify and hold harmless Glow Commitment, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement or any warranty you provide herein, or otherwise arising in any way out of your use of the Website and any related Services and/or software. You agree to cooperate fully with Glow Commitment in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.

10. Modification/Termination.

Glow Commitment reserves the right, in its sole discretion, to modify, suspend, or terminate the Website or any portion thereof, including any Services, content, or your account, password, or use of the Services, or any portion thereof, at any time for any reason with or without notice to you.

Termination of your account for use of the Services removes your authorization to use the Services. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Glow Commitment shall not be liable to you or any third party for any termination of your access to the Services.

11. Links.

The Website may contain links to other websites, applications or other services operated by third parties (the “Linked Sites”). Glow Commitment does not monitor or control the Linked Sites and makes no representations regarding, and is not liable or responsible for, the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at the Linked Sites. If you choose to access any third-party site (including any Linked Site), for the purpose of purchasing Glow Commitment videos or Services or any other purpose, you do so at your own risk, and your use of that site is subject to its own terms of use and privacy policy, which you should review. The presence of a link to a third-party site, including links enabling you to purchase Glow Commitment videos or Services, does not constitute or imply Glow Commitment’s endorsement, sponsorship, or recommendation of the third party or of the content, products or services contained on, or available through, the site.

12. International Use.

Accessing materials on the Website by certain persons in certain countries may not be lawful, and Glow Commitment makes no representation that materials on the Website are appropriate or available for use in locations outside the United States. If you choose to access the Website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.

13. Third-Party Merchants.

The Website may enable you to order and receive products, information and services from businesses that are not owned or operated by Glow Commitment, including but not limited to third-party providers of credit card processing services for Glow Commitment videos and Services. The purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. Glow Commitment does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. Glow Commitment will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for Glow Commitment videos or Services.

14. Advertisements, Sponsorships, Co-Promotions and Other Partnerships.

Glow Commitment may display advertisements for the goods and services of a third party on the Website, including in connection with co-promotions, sponsorships and other similar partnership arrangements. Glow Commitment does not endorse or represent and is not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such goods or services advertised, promoted or displayed on the Website.

15. Events.

You may be invited to attend Glow Commitment-sponsored events or events held by other members and users of the Website which are not in any way associated with Glow Commitment at various locations throughout the world (collectively, “Events”). Your participation in any Events is at your own risk and you agree to release and hold Glow Commitment, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees harmless from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, any injury or death to you or your minor children or wards, resulting from attending the Events or participation in any activities available at the Events. You also agree that we may film and record any of the Events sponsored by Glow Commitment in which you or your minor children or wards participate and you hereby agree that such films and recordings shall be owned by Glow Commitment and we may use your or your minor children or wards’ name, likeness, voice, performance and other activities in which you or your minor children or wards engage for any advertising, promotional or other lawful purpose in any and all media now or hereafter known throughout the world in perpetuity without notice, approval or compensation to you or any third party.

16. Interactive Services and User Materials.

The Website may offer certain Services having interactive components such as bulletin boards, chat rooms, Q&As, blogs, direct messaging, comment sections, group chats and forums (collectively, “Glow Commitment Interactive Services”). Additional Terms may cover Glow Commitment Interactive Services, which appear on the pages where these services are available, in addition to the general terms provided herein. The selection of available Glow Commitment Interactive Services may change from time to time in Glow Commitment’s sole discretion. You may participate in individual Glow Commitment Interactive Services by completing the consent where one is provided

17. User Materials.

Glow Commitment does not control and is not responsible for any notes, messages, postings, ideas, suggestions, comments, answers to forum or user questions, concepts or other material, or files delivered to Glow Commitment by you or other users (collectively, “User Materials”). Glow Commitment is not obligated to and does not regularly review, prescreen, monitor, delete or edit User Materials. However, Glow Commitment reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to refuse, delete, move or edit any User Materials, in whole or in part, with or without notice. Glow Commitment is not responsible or liable for damages of any kind arising from any User Materials even when Glow Commitment is advised of the possibility of such damages, or from Glow Commitment’s alteration or deletion of any User Materials.

You are solely responsible and liable for all User Materials delivered to Glow Commitment, whether via your account, the Website, email, posting, chat, comment, message or any other method. Any violation of these provisions can subject your Glow Commitment account to immediate termination and, possibly, further legal action. You represent and warrant that you own or otherwise control any and all rights in and to the User Materials and that public posting and use of the User Materials by Glow Commitment will not infringe or violate the rights of any third party in any manner.

By emailing, submitting, transmitting, posting, uploading, modifying or otherwise providing any User Material to Glow Commitment, whether solicited or unsolicited, you are granting Glow Commitment and its designees a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to reproduce, publish, transmit, perform, display, sublicense, create derivative works from and otherwise use such User Material for any purpose, including, without limitation, advertising and promotional purposes, alone or as a part of other works in any form, media or technology now or hereafter known. No credit, approval or compensation is due to you for any such use of User Materials you may submit. Glow Commitment also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Materials), city and state in connection with broadcast, print, online or other use or publication of your User Materials. Please note that any User Material you submit is and will be treated as non-confidential and non-proprietary as to you, unless specifically stated otherwise in our Privacy Policy.

The information and opinions expressed in User Materials appearing on the Website are not necessarily those of Glow Commitment or its content providers, advertisers, sponsors, affiliated or related entities, and Glow Commitment makes no representations or warranties regarding that information or those opinions, and expressly disclaims any responsibility for User Materials. Glow Commitment does not represent or guarantee the truthfulness, accuracy, or reliability of any User Materials or determine whether the User Materials violate the rights of others, and Glow Commitment has no control over whether such User Materials are of a nature that you or other users might find offensive, distasteful or otherwise unacceptable. You acknowledge that any reliance on any User Materials submitted by other users will be at your own risk, including any reliance on the accuracy, completeness or usefulness of such User Materials. You acknowledge that the Website is “public,” and in addition to the license granted to Glow Commitment, other users will have access to your User Materials and might copy, modify or distribute them.

If you are aware of any User Material on the Website which violates these terms, please contact us at kathleen@glowcommitment.com. Please provide as much detail as possible, including a copy of the underlying material, the location where Glow Commitment may find it, and the reason such User Material should be removed. Please note that filing a complaint will not guarantee its removal, Glow Commitment will only remove User Materials if Glow Commitment believes the measure is necessary, in our sole discretion. Other than those we specifically request, we do not accept or consider unsolicited creative materials, ideas or suggestions either via the Website, email or other means. This is to avoid any misunderstandings if your ideas are similar to those we have developed or obtained independently. However, if you do still transmit to us, via the Website, email or otherwise, any unsolicited communication or material, you will be deemed to have granted to us the same rights as are set out in this section with respect to User Materials. Without limitation thereof, you agree that Glow Commitment, our affiliates and our licensees are free to use any ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to you.

18. Rating Features.

For any voting/rating features that are available on the Website, you must follow instructions on the Website to submit your votes/ratings, including any restrictions set forth with respect to limitations on voting/rating. Votes/ratings received from you in excess of any stated limitation will be disqualified. Payment or other consideration in exchange for votes/ratings is prohibited. Votes/ ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us may be void. Glow Commitment assumes no responsibility for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings. We may, at our discretion, modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause corrupt or impair the administration, security, or fairness of the voting/rating. We reserve the right, in our sole discretion, to disqualify any individual it finds to be violating these terms, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. Our decisions with respect to all aspects of any voting/rating element are final and binding, but not limited to, with respect to the tallying of votes/ratings and the invalidation or disqualification of any suspected votes/ratings or voters/raters. You may also be given the opportunity to participate in voting/rating features in a third party application or feature (such as one of our social media partners like Facebook or Instagram), in which case your participation in such features will be subject to the terms and conditions governing that third party application or feature.

19. Subscription Services.

The Website may offer certain subscription services such as newsletters and mailing lists (collectively “Glow Commitment Subscription Services”). By registering for a Glow Commitment Subscription Service, you will be subject to any charges and rules set forth in the description of that service which may or may not be reflected in Additional Terms.

20. Premium Services.

Some services on the Website, including certain Glow Commitment interactive and subscription services, may be offered to you conditioned on your payment of a fee (each, a “Glow Commitment Premium Service”). By using the Glow Commitment Premium Service, you agree that you will be subject to any charges and rules set forth in the Additional Terms for that service, in addition to the general terms provided herein, which may include automatic renewals and periodic recurring charges (e.g., monthly, quarterly, or annually) to your payment method until you cancel a service.

21. Glow Commitment Premium Service – Billing and Fees

Before you register for a Glow Commitment Premium Service, Glow Commitment will provide notice of and get your affirmative consent to any charges. By registering for a Glow Commitment Premium Service you affirmatively consent to pay all fees and charges associated with the Glow Commitment Premium Service on a timely basis and are responsible for any charges incurred by your account. You warrant that the credit card information that you provide is correct and is your account. We are not liable for any loss that you may incur as a result of someone else using your password or account, whether with or without your knowledge.

BY REGISTERING FOR A GLOW COMMITMENT PREMIUM SERVICE AND PROVIDING YOUR CREDIT CARD INFORMATION, YOU AUTHORIZE US TO CHARGE YOUR CREDIT CARD FOR THE GLOW COMMITMENT PREMIUM SERVICE FEE AT THE THEN-CURRENT RATE AND ANY ADDITIONAL CHARGES (INCLUDING LATE CHARGES AND APPLICABLE FEDERAL, STATE, OR LOCAL TAXES), AS WELL AS TO CHARGE YOUR CREDIT CARD ON AN AUTOMATIC AND RECURRING BASIS (E.G., MONTHLY, QUARTERLY, OR ANNUALLY), AS CONSENTED TO AT THE TIME OF REGISTRATION, UNTIL YOU CANCEL YOUR GLOW COMMITMENT PREMIUM SERVICE.

We may use a third party that is not affiliated with us to process your payments as merchant of record (“Processor”). You agree that this Processor is solely responsible for controlling, handling and processing your payments. You will receive a bill for the Glow Commitment Premium Service fee based on the term of the subscription for which you registered. If your payment date falls on a date that does not exist in that month (e.g., the 31st day of a month), we will bill your credit card on the last day of the applicable month. However, you acknowledge that we reserve the right to change our billing methods effective upon notice to you. You may visit your member account to update your credit card information, and you agree to maintain a valid credit card during the subscription term. You are liable for any amounts that are unsettled and overdue. We may deactivate your member account without notice if your payment method is invalid and your payment becomes past due. Any delinquent payments are due in full within thirty (30) days of the termination or cancellation of a Glow Commitment Premium Service.

22. Member Account and Password

You are responsible for any membership name, email and password that is associated with your account during registration. If this premium service does not recognize your device from a previous sign-in, you will be asked for information that will help us to identify your registration. It is your responsibility to maintain the confidentiality of your password, if one is established. You are entirely responsible for any and all activities that occur under your account, and agree to notify us immediately of any unauthorized use of your account.

23. Limited to Personal and Non-Commercial Use.

The Glow Commitment Website and its contents are for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software or products obtained from this service without our prior written consent.

24. Cancellation.

You may cancel your membership in a Glow Commitment Premium Service at any time by contacting us using the contact information provided. In the event that you have paid a fee to register on the Website and you cancel before the end of your membership period, we will not return any portion of your membership fee provided that you will be entitled to continue accessing the applicable Website until the end of your membership period.

We reserve the right to terminate your access to this premium service or any portion thereof at any time, without notice.

25. Copyright Policy.

Glow Commitment neither condones nor authorizes any activities on or through the Services that infringe copyright or intellectual property rights. We will delete any infringing User Materials if properly notified that such User Materials infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any User Materials infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

I. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

II. A description of the copyrighted work that you claim has been infringed

III. A description of the material that you claim is infringing and where it is located on the Website or Services;

IV. Identification of the URL or other specific location on the Website or Services where the material that you claim is infringing is located;

V. Your address, telephone number, and email address;

VI. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

VII. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf

You can contact us regarding any infringement via email at kathleen@glowcommitment.com. Glow Commitment reserves the right to terminate your account or any user account that it determines to be a “repeat infringer.” A repeat infringer is a user who has repeatedly been notified of infringing activity and/or has had User Materials repeatedly removed from the Website or Services.

26. Use of Intellectual Property.

The Website, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, audiovisual media, software, Glow Commitment logos, titles, characters, names, graphics and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Glow Commitment or by other parties that have provided rights thereto to Glow Commitment.

You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through the Website, in whole or in part, without the express written permission of Glow Commitment.

Other trademarks, service marks, product names and company names or logos appearing on the Website that are not owned by Glow Commitment may not be used without express permission from their owners.

Additionally, unless otherwise expressly permitted, websites may not link, whether by hyperlink or otherwise, to any page beyond the homepage of the Website, or frame the Website, or any web page or material herein, nor may any entity include a link to any aspect of the Website in an email for commercial purposes, without the express written permission of Glow Commitment. Further, unless otherwise expressly permitted, you agree not to link to Glow Commitment’s Intellectual Property so as to cause you or anyone else to access Glow Commitment’s Intellectual Property other than through the Website.

27. Arbitration.

This agreement to the arbitration section is referred to in this Agreement as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Glow Commitment, whether arising out of or relating to this Agreement (including any alleged breach thereof), the Website, the Services, any advertising or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. You agree that, by entering into this Agreement, you and Glow Commitment are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

You and Glow Commitment agree that any cause of action arising out of or related to the Website or the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

You agree that, except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by arbitrators appointed in accordance with such rules.

You agree any arbitration shall take place in either Queens County, New York in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE WEBSITE OR SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND GLOW COMMITMENT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

28. General

This Agreement and any Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any and all disputes, claims and causes of action arising out of, or connected with, this Agreement and/or the Additional Terms, or in connection with any matters related to the Website and/or the Privacy Policy, shall be resolved individually, without resort to any form of class action, exclusively in Queens County, New York.

If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either Party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and Glow Commitment with respect to the use of the Website and Services and shall not be modified except in writing, signed by an authorized representative of Glow Commitment.

Glow Commitment may assign its rights under this Agreement without condition.

This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. The headings of the paragraphs of this Agreement are inserted for convenience only and shall not be deemed to constitute part of this Agreement or to affect the construction thereof.

If you have any questions concerning this Agreement, you may send them by email to kathleen@glowcommitment.com. You must send any official correspondence via postal mail to:

Glow Commitment Inc.

Attn: Terms of Service Questions

4045 Hampton St 6H

Elmhurst, NY 11373-2015

Email: kathleen@glowcommitment.com