Welcome to GLAMO, a website located at www.glam-o.com (the “Site”) and operated by GLAMO, Inc., d/b/a Glamo Group (“GLAMO”, “us”, “our”, and
“we”). GLAMO provides the Site and mobile applications (the “Applications”) to facilitate on-demand and in-home beauty services and the ability to
purchase cosmetics and lifestyle products (collectively, with the Site and Applications, the “Services”). Certain features of the Services may be subject
to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features (“Supplemental Terms”). All such
Supplemental Terms are incorporated by reference into this Agreement.
accepting this Agreement (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority, and
capacity to enter into this Agreement (on behalf of yourself or the entity that you represent). You may not accept this Agreement or access or use the
Services if you are not at least 18 years old. You may use the Services on behalf of individuals under 18 only if you are the parent or legal guardian of
such individuals. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Services.
INDIVIDUAL BASIS TO RESOLVE DISPUTES.
Account Creation. In order to use certain features of the Services, you must register for an account with us (“your Account”) and provide certain
information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is
truthful and accurate; (b) you will maintain the accuracy of such information. You agree not to create an account on behalf of someone other than
yourself. You further agree that you shall not maintain more than one account at any given time. You may delete your Account at any time, for any
reason, by following the instructions in the Services. We may suspend or terminate your Account in accordance with the section entitled “Term and
Termination.” You agree not to create an account or use our Services if you have been previously removed by GLAMO, or if you have been previously
barred from any of the Services.
Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all
activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account
or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above
Booking Service Providers. You must provide us with a valid credit card (issued by Visa, MasterCard, or any other issuer accepted by our payment
provider) (“Payment Provider”) as a condition to making an appointment with a service provider, including free promotional hair, nail and makeup
services GLAMO may arrange from time to time as part of the Services.
Cancellation of Appointments. You may cancel any appointment in accordance with our cancellation policy set forth at http://glam-o.com. We
reserve the right to cancel free promotional Services at any time for any reason. No credits or promotional value adjustments will be made in the event
we cancel a free promotional Service. If the service provider cancels an appointment for any reason, you will receive a refund, unless GLAMO is able
to book another service provider acceptable to you during the time scheduled for your appointment. If service providers cancel or terminate a paid
appointment for any reason, we may, in our sole and reasonable discretion, issue you a refund of any fees pre-paid for such appointment.
Payment Process. If you order an in-home beauty service you agree to pay the then-current applicable service fee listed in the Services or the website
of our third party booking agent (“Booking Agent”) as linked to from the Site or Application. We, or our booking agent, will automatically bill your credit
card submitted in booking an appointment on the date the appointment is booked or product ordered, and each time you book an appointment or order
a product thereafter. All payments to the service providers are non-refundable, except in the event the service provider, or we cancel your appointment.
Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties.
Any amounts not paid when due will bear interest at the rate of one and one half percent (1.5%) per month, or the maximum legal rate if less. If any fee
cannot be charged to your credit card for any reason, we may provide you, via email, notice of such non-payment and a link for you to update your
General Payment Terms. By providing us with your credit card number and associated payment information, you agree that GLAMO is authorized to
immediately invoice your Account for all fees and charges due and payable to us hereunder and that no additional notice or consent is required. You
agree to immediately notify GLAMO of any change in your billing address or the credit card used for payment hereunder. We may change the pricing
for in-home beauty appointments or Products (from time to time in our sole discretion, and subject only to the right of service providers to review and
accept said pricing changes) by updating the price list included on the Site and Application and without any additional notice to you, provided that any
changes will not affect any services purchased prior to the notice.
Referral Credits. We offer credits for referring new users. To qualify for a referral credit, you must refer a new bona fide user who establishes a GLAMO
account and reserves and books an appointment with a service provider within ninety (90) days of signing up for an account. Please note that referral
credits are issued only for referrals of brand new users to GLAMO. Credits are not available for referring previous users of GLAMO Services. You may
earn only one referral bonus per new user referred and you cannot earn a referral credit by referring yourself. We reserve the right to revoke or cancel
credits at any time.
Promotional Codes. We may, in our sole discretion, create promotional codes that may be redeemed for credit in your Account, or other features or
benefits related to the Services, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Unless otherwise
expressly stated in additional terms we establish for a particular Promo Code, Promo Codes may only be used once per person, multiple Promo Codes
cannot be used in a single transaction or appointment, and each Promo Code benefit may only be redeemed once per account. Only Promo Codes
sent to you through official GLAMO communications channels are valid. You further agree: (i) to use Promo Codes only for their intended purpose, and
in a lawful manner; (ii) you will not alter, duplicate, sell, transfer or redistribute Promo Codes in any manner (including, without limitation, by posting
Promo Codes to a website or other public forum), unless expressly permitted by us; (iii) Promo Codes may be disabled by us at any time for any
reason without liability to us; (iv) Promo Codes may only be used pursuant to this Agreement and any specific additional terms that we establish for a
Promo Code; (v) Promo Codes have no cash value; and (vi) Promo Codes may expire prior to your use.
Reservation of Rights. We reserve the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you
or any other user in the event we determine in our sole discretion that the use or redemption of the Promo Code in question or the provision of any
referral credit was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or the terms of this Agreement. Once you have
redeemed a Promo Code or used any credit in your Account, no further promotional value adjustments or credits will be issued for any reason,
including but not limited to, dissatisfaction with the Services.
Your Responsibilities. As the recipient of in-home beauty services provided by service providers, you agree to assume certain responsibilities. When
you book an appointment, you agree to comply with any rules or requirements of the service provider applicable to the service purchased and that you
are made aware of, including as part of any confirmation email (the “Requirements”). Whether or not there are Requirements, you agree to: (a) create
in your home (or other space where our service providers are invited to perform their services) a safe, clean, and reasonably comfortable workspace
that is free of conditions that would make it difficult for our service providers to perform their jobs (all as determined in each of our service provider’s
sole discretion); (b) provide a workspace that has access to bathroom facilities and is in close proximity to an electrical outlet and a sink with hot and
cold running water; and (c) refrain, and cause other individuals present in your household to refrain, from any speech, conduct, or personal displays
that a reasonable person would find offensive, intimidating, hostile, harassing, indecent or abusive while our service providers are present. If you have
pets, you agree to confine all of your pets to a room where our service providers will not be working. If you have a child or children under the age of 13,
you agree that childcare (provided by someone other than you and our service provider) will be present. This is important as the service provider will
have equipment that can harm a child and our service provider will be focused on you. Service providers reserve the right to terminate or refuse to
provide their services to anyone at any time in the event you do not fulfill your responsibilities as set forth in this Section or if a service provider feels
unsafe or uncomfortable with her in-home work environment or conditions for any reason. You understand, acknowledge and agree that service
providers are not employees or agents of GLAMO, but are independent contractors who operate business enterprises separate and distinct from
Your Representations. If you are utilizing in-home beauty Services in the state of Florida, you represent that the purpose of your request for the
Services is in connection with: the motion picture, fashion photography, theatre or TV industry; photography studio salon work, i.e., hair arranging and
cosmetics in preparation for a photo session; a special event, e.g. wedding, fashion show or other similar event; a trade show demonstration or
educational seminar; or because of ill health you are unable to go to a licensed salon. If you are utilizing in-home beauty Services in the state of
California, you represent that the purpose of your request for the Services is: incidental to the theatrical, radio, television or motion picture production
industry; necessary due to your illness or other physical or mental incapacitation; or for the purpose of receiving recommendations and/or live
demonstrations about products as well as potential purchase of products.
Rights and Licenses
License to Use Site. We grant you a non-transferable, non-exclusive, right to access and use the Services for your personal use.
License to Use Application. We grant you a non-exclusive, non-transferable right to download, install and use a copy of the Application on a single
mobile device or computer that you own or control solely for your personal use, subject at all times to the terms of this Agreement. Furthermore, with
respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the
App Store Sourced Application (a) on an Apple-branded product that runs iOS (Apple’s proprietary operating system) and (b) as permitted by the
“Usage Rules” set forth in the Apple App Store Terms of Service. Use of the Application is also subject to the provisions of the section entitled
“Acceptable Use Policy.”
Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you will not license, sell, rent, lease,
transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you will not modify, make derivative works of, disassemble, reverse
compile or reverse engineer any part of the Services; (c) you will not access the Services in order to build a similar or competitive service; and (d)
except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services will be subject to the terms of this
Agreement. All copyright and other proprietary notices on any Services content must be retained on all copies thereof.
Modification. We reserve the right, at any time, to modify, suspend, or discontinue your access to the Services with or without notice. You agree that
we will not be liable to you or to any third party for any modification, suspension, or discontinuance of your access to the Services or any part thereof,
except and if otherwise expressly set forth in Section entitled “Term and Termination.”
No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection
with the Services.
Ownership of the Services. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights,
patents, trademarks, and trade secrets, in the Services, including the Site and Applications, are owned by us or our licensors. The provision of the
Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. We and our suppliers reserve all
rights not granted in this Agreement.
User Content. “User Content” means any and all information and content that a user submits to or posts on: (a) the Services and (b) on social
networking sites where we have a page or presence (collectively “SNS Pages”). You will own your User Content, with the understanding that you
agree that we may use and reproduce the User Content you make available on our SNS Pages and on the Services. You assume all risks associated
with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User
Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the
Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by us.
Because you alone are responsible for your User Content (and not GLAMSQUAD), you may expose yourself to liability if, for example, your User
Content violates the Acceptable Use Policy. We are not obligated to backup any User Content and User Content may be deleted at any time. You are
solely responsible for creating backup copies of your User Content if you desire.
License. You hereby grant, and you represent and warrant that you have the right to grant, to us an irrevocable, nonexclusive, royalty-free and fully
paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise
use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You
agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. The following sets forth our “Acceptable Use Policy”:
You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content: (i) that violates any third-party right, including any
copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is
unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade
libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is
otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed
by any third party.
In addition, you agree not to use the Services to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or
alter a computer system or data; (ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid
schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) harvest, collect, gather or assemble
information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on
servers or networks connected to the Services or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized
access to the Services, other computer systems or networks connected to or used together with the Services, through password mining or other
means; (vi) harass or interfere with another user’s use and enjoyment of the Services; or (vii) introduce software or automated agents or scripts to the
Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Services
(except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose
of, and solely to the extent necessary, for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
Enforcement. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our
sole discretion if, we determine in our sole discretion, that you violated the Acceptable Use Policy or any other provision of this Agreement or otherwise
created liability for us or any other person. Such acts may include, but are not limited to, removing or modifying your User Content, terminating your
Account in accordance with Section entitled “Term and Termination” and/or reporting you to, and cooperating with, law enforcement authorities. We are
entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including User Content, in our
possession in connection with your use of the Services, to (i) comply with applicable laws, legal process or governmental requests; (ii) enforce this
Agreement; (iii) respond to any claims that User Content violates the rights of third parties; or (iv) protect the rights, property or personal safety of
GLAMO, its users, employees or the public, and all law enforcement or other government officials, as GLAMO in its sole discretion believes to be
necessary or appropriate.
Feedback. If you provide us any feedback or suggestions regarding the Services (“Feedback”), then you grant us a perpetual, royalty-free,
transferable, sublicensable, worldwide license to all rights in the Feedback and agree that we will have the right to use such Feedback and related
information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that
you will not submit to us any information or ideas that you consider to be confidential or proprietary.
Indemnity. To the fullest extent permitted by law, you agree to indemnify and hold us (and our officers, employees, and agents) harmless, including
costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services in an unauthorized
manner, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. We reserve the right, at your
expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our
defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such
claim, action or proceeding upon becoming aware of it.
Third Party Sites, Advertising and Other Users
Third Party Sites, Ads and Ad Networks. The Site might contain links to third party websites, services, and advertisements for third parties (collectively,
“Third Party Sites & Ads”). Such Third Party Sites & Ads are not under our control and we are not responsible for any Third Party Sites & Ads. We
provide these Third Party Sites & Ads only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with
respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third
party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel
necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads. We may also work with advertising
partners that may deliver advertisements to you on or off our Site based on your activities on the Site or within the Services.
Other Users. Each Service user is solely responsible for any and all of his or her User Content. Because we do not control User Content, you
acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or
quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site or Service users are solely
between you and such user. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is
a dispute between you and any Service user, we are under no obligation to become involved.
App Store. When you download our Applications, you may do so through Apple Corporation’s App Store, another third party. You acknowledge that
this Agreement is between you and us and not the App Store or Apple. As between the App Store and us, we, not the App Store, are solely responsible
for the Services, including the Application, the content, maintenance, support services, and warranty, and addressing any claims relating thereto (e.g.,
product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network,
and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the
Services, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will
have the right to enforce its terms. The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Android or Apple, and Android,
Apple will refund the purchase price for the App Store Sourced Application to you, and to the maximum extent permitted by applicable law, Android,
Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application.
You and we acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App
Store Sourced Application infringes that third party’s intellectual property rights, as between GLAMO Android and Apple, GLAMO, not Android or
Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the
extent required by the Agreement.
Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES, INCLUDING THE SITE AND THE APPLICATIONS, ARE PROVIDED “AS-IS”
AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE
SERVICES: (a) WILL MEET YOUR REQUIREMENTS; (b) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
BASIS; (c) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE OR (d) THAT THE
IN-HOME BEAUTY SERVICES PROVIDED BY SERVICE PROVIDERS OR PRODUCTS WILL BE TO YOUR SATISFACTION. WE ARE NOT LIABLE
FOR ANY DAMAGE A SERVICE PROVIDER MIGHT CAUSE WHILE ONSITE OR AT YOUR HOME OF OFFICE.
Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE (AND OUR SUPPLIERS), OR THE SERVICE PROVIDERS, BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN
DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHERWISE, OR
LOSS OF DATA RESULTING THEREFROM.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR LIABILITY (AND THAT OF OUR SERVICE PROVIDERS AND SUPPLIERS) TO YOU FOR
ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM
OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (a) FIFTY US DOLLARS ($50) OR (b) AMOUNTS YOU’VE PAID
GLAMSQUAD IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU
AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
Term and Termination. Subject to this Section, this Agreement will remain in full force and effect while you use the Services. We may (a) suspend
your rights to use the Site and/or Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion,
including but not limited to, any use of the Services in violation of this Agreement or our discontinuance of any Services. Upon termination of this
Agreement, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account
involves deletion of your User Content associated therewith from our live databases. We will not have any liability whatsoever to you for any
termination of this Agreement, including for termination of your Account or deletion of your User Content. Upon termination of this Agreement, all of the
provisions will terminate except those that by their nature should survive.
We respect the intellectual property of others and ask that users of our Site and Services do the same. In connection with our Site and Services, we
have adopted and implemented a policy respecting copyright laws that provide for the removal of any infringing materials and for the termination, in
appropriate circumstances, of users of our online Services who are repeat infringers of intellectual property rights, including copyrights. A repeat
infringer is any user for whom we have received two or more takedown notices (however, we reserve the right to terminate any user who submits
infringing content at any time). If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work,
and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c))
must be provided to our designated Copyright Agent:
your physical or electronic signature;
identification of the copyrighted work(s) that you claim to have been infringed;
identification of the material on our Services that you claim is infringing and that you request us to remove;
sufficient information to permit us to locate such material;
your address, telephone number, and e-mail address;
a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law;
a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has
allegedly been infringed or that you are authorized to act on behalf of the copyright owner.