Terms of Use
Effective as of september 2022
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as "you" or "user" or with "your") AND GLAMOURTOX, LLC (referenced herein as "GlamourTox") THAT APPLIES EACH TIME YOU USE OR ACCESS THE MOBILE (OR WEB) APPLICATION OFFERED OR PROVIDED BY GLAMOURTOX (referenced herein as the "Application"). YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT ("TOU") AS THEY GOVERN YOUR USE OF THE APPLICATION. IF YOU DO NOT AGREE TO THIS TOU, YOU ARE NOT PERMITTED TO USE OR OTHERWISE ACCESS THE APPLICATION.
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Contents.
While some information on the Application is reviewed by board-certified medical professionals, such information is for educational purposes only and is not a substitute for professional medical treatment and advice. If you think you are having a medical emergency, call 911 immediately. For specific medical diagnosis, treatment, procedures, or other advice, please contact your doctor or please make an appointment on the Application. Reliance on the information provided on the Application is solely at your own risk.
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License grant.
The Application is made available by GlamourTox, and this TOU provides to you a personal, revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to use the Application conditioned on your continued compliance with this TOU. You may print and download materials and information from the Application solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information and that you do not further distribute or disclose such materials and information.
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License grant restrictions.
You may not access or use the Application or any materials through the Application for any unauthorized purposes, including without limitation to engage in, foster, or promote illegal, abusive, or irresponsible behavior or using GlamourTox’s data, systems, or networks in an unauthorized manner. This TOU is only a license and not an assignment nor sale. GlamourTox transfers no ownership or intellectual property interest or title in and to the Application to you or anyone else. Further, GlamourTox reserves all rights not expressly granted by this TOU. Accordingly, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove, or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the Application in any manner not expressly permitted here in the Application. Moreover, you must not modify copies of any materials from the Application or any images and graphics separately from the accompanying text, or delete or alter any copyright, trademark, or proprietary rights notices from copies of any materials.
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User obligations.
By accessing or using the Application, you represent and warrant that you are at least eighteen (18) years of age (or the legal age of majority, whichever is greater) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through the Application, including, without limitation, when you create an account, book an appointment, or submit any other form on the Application. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Application. You also acknowledge and agree that use of the Internet is solely at your own risk.
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Account.
Registration for access to and use of the Application may require access credentials, such as an email address, username, or password, or adherence to other particular access requirements as designated by GlamourTox in its sole discretion from time to time. You hereby agree to consider and maintain your access credentials as confidential information. You shall immediately notify GlamourTox if you suspect or become aware of any loss or theft of or unauthorized use of your access credentials. GlamourTox has the right to disable any username, password, or other identifier if you have violated any provision of this TOU.
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Fees.
Fees for available products or services may change from time to time and are current as of the time you place an order with GlamourTox. When placing an order or reserving an appointment on the Application, please understand that you are offering to pay for the related services or products. GlamourTox reserves the right to accept or reject any order in its own discretion, and GlamourTox also reserves the right to cancel any order or appointment at any time in its sole discretion. You are solely responsible for any charges incurred through your account, and any activities conducted through your account. Unless otherwise stated, all payments may only be made with a valid credit or debit card or use of a bona-fide electronic payment provider, and all fees are stated in U.S. Dollars. By using a current, valid, and accepted method of payment to pay for any services through the Application, you expressly authorize GlamourTox or its agent(s) to charge all fees and other costs incurred in connection with the Application to the accepted method of payment.
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Proprietary rights.
The Application is owned by GlamourTox, LLC. Copyright 2022 © GlamourTox, LLC and/or its licensors. All rights reserved. Any downloadable or printable information or materials available through the Application, unless otherwise indicated, are owned by GlamourTox, LLC and/or its licensors. GLAMOURTOX, GLAMOURTOX, the GlamourTox logo, and all other names, logos, and icons identifying GlamourTox, the Application, or GlamourTox’s services or product offerings are proprietary trademarks of GlamourTox, and any use of such marks without the express written permission of GlamourTox is strictly prohibited. Other services, products, or company names mentioned may be the trademarks and/or service marks of their respective owners.
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Privacy policy.
Please see GlamourTox’s Privacy policy for a summary of GlamourTox’s personal information collection and use practices.
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Links to other sites; Other terms ans conditions.
The Application may provide links to other third-party websites or provide access to a third-party page(s) on a social media platform(s). Such other sites or pages, which may include social media platforms, are maintained by third parties over which GlamourTox exercises no control. These links do not imply an endorsement with respect to any third party or the information, products, or services provided by any third party unless GlamourTox expressly states otherwise. Additional notices, terms, and conditions may apply when using the Application, such as for payment or SMS (short message service) communication (if available). You agree to abide by such other notices, terms, and conditions, as applicable.
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Disclaimer.
THE APPLICATION IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. GLAMOURTOX EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
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Limitation of liability.
TO THE FULLEST EXTENT PROVIDED BY LAW, YOU EXPRESSLY ABSOLVE AND RELEASE GLAMOURTOX FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND GLAMOURTOX’S CONTROL. MOREOVER, IN NO EVENT SHALL GLAMOURTOX BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE APPLICATION OR WITH THE DELAY OR INABILITY TO USE THE APPLICATION, EVEN IF GLAMOURTOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF GLAMOURTOX FOR BREACH OF THIS TOU IS CESSATION OF USE OF THE APPLICATION AND FOR ANY OTHER REASON RELATED TO YOUR USE OF THE APPLICATION WHATSOEVER FOR AN AMOUNT NOT EXCEEDING TEN ($10) DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN WARRANTIES, CONDITIONS, LIABILITIES, AND DAMAGES AND, ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, GLAMOURTOX’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
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Injunctive relief.
You agree that GlamourTox shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that GlamourTox post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to GlamourTox to enforce any provision of this TOU.
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Term and termination.
This TOU will take effect (or re-take effect) at the moment you acknowledge (e.g., check a box) that you have read, understand, and agree to abide by the terms and conditions of the Application, otherwise register to use the Application, respond through the Application to a request for information, and/or begin downloading, accessing, or using the Application, whichever action or event is earliest. GlamourTox reserves the right at any time and on reasonable grounds to deny your access to the Application or to any portion thereof and this TOU will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without prior notice to you. You may also terminate this TOU at any time by ceasing to use the Application, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of the Application will reapply this TOU (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Application in your possession. The provisions concerning GlamourTox’s proprietary rights, disclaimers (of warranty), limitations of liability, waiver and severability, entire agreement, injunctive relief, and governing law will survive the termination of this TOU for any reason.
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Governing law.
The Application is controlled and operated by GlamourTox from its offices within the United States. This TOU has been made in and will be construed and enforced in accordance with the laws of the Commonwealth of Virginia as applied to agreements entered into and completely performed in Virginia. Any action to enforce this TOU will be brought in the courts presiding in Virginia, and all parties to this TOU expressly agree to be subject to the jurisdiction of such courts. Access to the Application may not be legal by certain persons or in certain countries. If you access the Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. A printed version of this TOU and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings.
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Waiver & severability.
Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by GlamourTox of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers, venue, claim, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
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Entire agreement.
No joint venture, partnership, employment, affiliate, or agency relationship exists between you and GlamourTox as a result of this TOU or your utilization of the Application. This TOU represents the entire agreement between you and GlamourTox with respect to use of the Application and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and GlamourTox with respect to the Application. You may not assign, delegate, or transfer any rights under this TOU without the prior written consent of GlamourTox.
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Contact.
If you have questions regarding the Application or if you are interested in obtaining more information concerning GlamourTox, please contact GlamourTox at
(___) ___-____ (phone), or ______@____ (e-mail).