Terms and Conditions of Use
Last Revised March 27, 2019
The websites, mobile websites and/or applications, or other online services owned or operated by DLW Ventures, Inc. d/b/a GloFX (“GloFX”) or its affiliates, brands, subsidiaries, and distributors (collectively “GloFX”, “we”, “our”, “us”, or any derivative(s) thereof) (collectively, “Sites”) are made available to you by GloFX and are subject to the following Terms and Conditions of Use. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITES. By using the Sites, you agree that these Terms and Conditions of Use create a legally binding agreement between you and GloFX. If you do not agree to these Terms and Conditions of Use, please exit this site immediately.
Some of our Sites, or specific portions or features of our Sites may be subject to additional policies, terms, or conditions (“Additional Terms”). Please review all Additional Terms for the Sites you use, which are incorporated into and made a part of these Terms and Conditions of Use. If there is a conflict between these Terms and Conditions of Use and any of the Additional Terms, the conflicting Additional Terms shall take precedence with respect to your use of those Sites that are governed by those conflicting Additional Terms. Finally, these Terms and Conditions of Use incorporate by reference any other notices contained on the Sites and constitute the entire agreement between you and GloFX with respect to your access to and use of the Sites.
GloFX reserves the right to modify these Terms and Conditions of Use at any time. By continuing to use the Sites following any modifications you agree to be bound by such modifications. We will continue to update you by posting our most current Terms and Conditions on this page, and you should review it on a periodic basis.
Electronic Communications and Notices
You may communicate with us via e-mail, postal mail, telephone, the mobile applications, our website, and other services. We may issue notices via these various channels, including by sending e-mails to an address you provide us. You agree that such notices shall have legal effect. You also agree that any notices sent by e-mail satisfy any requirement that notices be provided in writing. If you do not agree, do not use the Sites. You may have the right to withdraw your consent to receive certain electronic communications, and, when required by law, we will provide you with paper copies upon request. You may make such a request via any of the channels listed above. If you withdraw your consent, we reserve the right to terminate your use of GloFX’s Sites. To receive, access, and retain the notices we send via e-mail, you must have Internet access and a computer or device with a compatible web browser. You will also need software capable of viewing files in PDF format. Your device or computer must have the ability to print, or download and store, e-mails and PDF files. By accepting these terms, you confirm that you are able to receive, access, and retain the notices we may send. You may update your contact information through the Sites.
To the extent that you provide us with a telephone number you hereby:
- represent that you are the accountholder and subscriber for the telephone number that you provide, or that you have the accountholder and subscriber’s permission to receive text messages and/or phone calls at that telephone number;
- agree to notify GloFX promptly if the telephone number you have provided changes or if the number is assigned to a new accountholder or subscriber;
- agree to hold harmless GloFX and to indemnify GloFX in full for all claims, expenses, costs, and damages related to, arising under, or caused by, in whole or in part, your failure to notify GloFX promptly if the phone number you have provided changes, including but not limited to, all claims, expenses, costs, and damages related to or arising under the Telephone Consumer Protection Act; and
- understand and agree that based on your plan with your telephone carrier, normal usage rates and fees, including data fees and text message rates, may apply to text messages and/or phone calls delivered by GloFX or on GloFX’s behalf.
Unless noted otherwise, the Sites, in their entirety, including but not limited to all design and content, are the sole property of GloFX or its content suppliers. The content available via the Sites is or may be protected by United States and international copyright, trademark, and other laws. Except as stated in these Terms and Conditions of Use, no content may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means without the prior written consent of GloFX or the respective owner of the content. You may not use GloFX’s name, logo, or other likeness for any purpose without the express written consent of GloFX. Any rights not expressly granted herein are reserved by GloFX.
GloFX does not permit copyright infringing activities on its Sites. GloFX abides by the federal Digital Millennium Copyright Act (“DMCA”) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we will remove materials if properly notified that such materials infringe on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content on our Sites infringes upon your copyrights, you may submit a notification pursuant to the DMCA by contacting us at the email address specified below.
Conduct and Security on the Sites
You are not permitted to engage in any conduct that, as determined in our sole discretion, restricts, inhibits, or interferes with the ability of any other person to use or enjoy the Sites. You may use the Sites only for lawful purposes. You are prohibited from: (a) accessing or using the Sites to collect information about users of the Sites; (b) violating or attempting to violate the security of the Sites; or (c) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Sites or any activity conducted via the Sites.
You may create a text-only hyperlink labeled “GloFX Web Site” to our home page only (https://glofx.com/). You are not permitted to use a link that “frames” our Sites or that portrays GloFX, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. Also, you may not use any other GloFX logo, graphic, or trademark as part of the link without our express written permission. GloFX may revoke your right to link at any time for any reason.
The owner of the Sites is based in the state of Florida in the United States. GloFX makes no claims that the Sites or any of their content is accessible, appropriate, or legal outside of the United States. If you access the Sites from outside of the United States, you do so at your own risk and are responsible for compliance with local laws.
User Content and Permitted Use of Sites
GloFX reserves the right, but not the obligation, to monitor use of the Sites and the content that you and other users may post in certain areas. We further reserve the right, but not the obligation, to remove information and materials that we deem, in our sole discretion, to be objectionable. Subject to the terms of our Copyright Policy language above, GloFX expressly disclaims any obligation or warranty to screen or remove objectionable materials. GloFX further reserves the right to disclose any content, records, or electronic communications of any kind if we are required to do so by any law, regulation, or court order, or if such disclosure is necessary or appropriate to operate the Sites or to protect GloFX’s rights or property, or the rights of others, including our partners, affiliates, sponsors, providers, licensors, and merchants, or other persons that use the Sites.
You represent and warrant that you will not use the Sites to post content (such as comments): that is false, misleading, inaccurate; that infringes on the rights of others; that, as determined by GloFX in its sole discretion, is obscene, derogatory, harassing, abusive, or defamatory; that constitutes unsolicited advertising; that impersonates another person, business, or entity; that contains malicious or otherwise harmful computer code; or that otherwise violates these Terms and Conditions of Use. You also represent and warrant that you will not post content for which you received compensation from a third party without receiving written authorization from GloFX.
California Prop 65 Lithium-Ion Battery Notice
WARNING: Lithium-ion Batteries and/or products that contain Lithium-ion Batteries can expose you to chemicals including cobalt lithium nickel oxide, and nickel, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov
ALTHOUGH GLOFX RESERVES THE RIGHT TO CORRECT ANY ERRORS, OMISSIONS, OR INACCURACIES, YOU ACKNOWLEDGE THAT THE SITES, AND ALL INFORMATION CONTAINED THEREIN, ARE PROVIDED “AS IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND AND THAT YOUR USE OF THE SITES IS AT YOUR OWN RISK. GLOFX DOES NOT WARRANT THAT THE SITES OR ANY INFORMATION CONTAINED THEREIN, CONTENT OR FUNCTIONALITIES OFFERED THROUGH THE SITES, OR ANY ELECTRONIC COMMUNICATIONS SENT FROM GLOFX, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GLOFX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
BY USING THE SITES YOU ACKNOWLEDGE AND AGREE THAT EVEN IF USED PROPERLY, USING ANY AND ALL OF THE PRODUCTS MANUFACTURED AND/OR DISTRIBUTED BY GLOFX CAN CONSTITUTE A HAZARDOUS ACTIVITY. A HAZARDOUS ACTIVITY IS ONE THAT INCLUDES NUMEROUS RISKS, INCLUDING INJURY AND EVEN DEATH.
RELEASE AND LIMITATION OF LIABILITY
GLOFX PRODUCTS ARE NOT INTENDED FOR USE IN BREAKING ANY LAW, RULE, OR REGULATION. YOU AGREE TO USE ANY AND ALL OF PRODUCTS REASONABLY AND RESPONSIBLY. YOU AGREE TO USE ANY AND ALL OF THESE PRODUCTS AT YOUR OWN RISK. YOU EXPRESSLY RELEASE GLOFX AND ITS AFFILIATES, INCLUDING BUT NOT LIMITED TO ITS OWNERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SHAREHOLDERS, LICENSORS, SUPPLIERS, AND DISTRIBUTORS FROM ANY AND ALL LIABILITY FOR LOSSES AND DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE INCURRED BY ANY PERSON OR PROPERTY RESULTING FROM THE USE OF THE SITES OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITES; SELECTION, ASSEMBLY, MAINTENANCE, OR USE OF THE PRODUCTS; OR FROM THE INABILITY TO USE OR ACCESS THE SITES; OR ANY INFORMATION, CONTENT OR FUNCTIONALITY OFFERED THROUGH THE SITES.
YOU ACKNOWLEDGE AND AGREE THAT THE RELEASE AND LIMITATION OF LIABILITY IS MATERIAL TERM OF USE OF THE SITES. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SITES OR THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITES.
LAWS VARY FROM JURISDICTION TO JURISDICTION. THIS RELEASE AND LIMITATION IS NOT INTENDED TO ASSERT ANY CLAIM OR DEFENSE WHICH APPLICABLE LAW PROHIBITS. IN THE EVENT THAT APPLICABLE LAW PROHIBITS THE RELEASE AND LIMITATION OF LIABILITY SET FORTH ABOVE, OR IF ANY PART OF THE RELEASE AND LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF GLOFX UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
YOU AGREE THAT YOU HAVE CAREFULLY READ THIS RELEASE OF LIABILITY AND FULLY UNDERSTAND ITS CONTENT. THIS AGREEMENT AND RELEASE OF LIABILITY MAY NOT BE ADDED OR ALTERED EXCEPT BY THE WRITTEN AGREEMENT ASSIGNED BY GLOFX.
You agree to hold harmless and to indemnify GloFX and its affiliates including but not limited to its owners, officers, directors, agents, employees, shareholders, licensors, suppliers, and distributors from any and all claims arising out of or related to your access or use of the Sites or products, or your inability to access or to use the Sites, products, or any other offerings rendered by GloFX or its contractors in conjunction with the Sites or your use of the Sites.
Choice of Law, Jurisdiction, and Venue
BY USING THE SITES, YOU AGREE THAT THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND CONDITIONS OF USE AND ANY DISPUTE OF ANY SORT THAT MIGHT ARISE BETWEEN YOU AND GLOFX. ANY DISPUTE IN WHICH GLOFX IS INCLUDED AS A PARTY SHALL BE BROUGHT ONLY IN THE STATE AND FEDERAL COURTS IN TALLAHASSEE, FLORIDA. YOU AGREE AND CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN ONE OF THE AFOREMENTIONED COURTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND GLOFX.
CLASS OR REPRESENTATIVE ACTIONS
YOU AGREE TO EXPRESSLY WAIVE ANY RIGHTS TO FILE CLASS OR REPRESENTATIVE ACTIONS OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS IN ANY JURISDICTION OR FORUM.
Information Provided on Our Sites
You understand that any “how to” or other instructional information contained on the Sites is strictly for educational and informational purposes only and is not guaranteed by GloFX to be a safe method of use of the products. GloFX prides itself on providing you with valuable and accurate information. However, errors may appear on the Sites from time to time. GloFX makes no warranty as to the reliability, accuracy, timeliness, usefulness, safeness, or completeness of the information presented on the Sites. Any pricing shown or offered through the Sites is considered an estimate only and is subject to change. For specific inquiries on pricing, contact GloFX by telephone or e-mail as provided below.
Third Party and Co-branded Content
GloFX may provide content or provide links to content on the Sites (including but not limited to co-branded websites) that are not under the sole control of GloFX. GloFX does not assume any responsibility for the operation, content, privacy practices, or technologies used by third-party services. You agree that you interact with third parties at your own risk and that your relationship with those parties will be governed by their respective terms and conditions of use and policies. GloFX in its sole discretion may modify or remove such links or content at any time and without notice.
GloFX may offer you the opportunity, or you may choose, to submit information, comments, pictures, videos, or ideas to GloFX or to other users of the Sites (collectively “Submissions”). By sending Submissions to GloFX, you acknowledge that the Submissions will not be treated by GloFX as confidential and you agree that you grant to GloFX a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submissions throughout the world in any media. By sending Submissions, you warrant that you are the sole author of the content, that you are at least 18 years old, that you agree to be bound by these Terms and Conditions of Use, and that your Submissions will not cause injury to the rights or property of any person or entity.
Intellectual Property Claims by GloFX
In the event of intellectual property claims by GloFX against you, GloFX shall have the right to litigate such claims in any state or federal court in Tallahassee, Florida, and you consent to the exclusive and mandatory venue in such courts.
GloFX’s failure to exercise or enforce any right or provision of these Terms and Conditions of Use shall not constitute a waiver of such right or provision.
At any time, you may contact GloFX if you have any questions about these Terms and Conditions of Use or you would like to receive a copy free of charge.
Contact information for inquiries related to our Terms and Conditions of Use:
If you have questions regarding our Terms and Conditions of Use please contact us at:
GloFX Brand Management
3624 N Monroe St.
Tallahassee, FL 32303 USA
3624 N Monroe St.
Tallahassee, FL 32303 USA
GloFX Website – https://glofx.com/