These terms and conditions of use contain provisions that govern how claims you and we may have against each other are resolved (see section 10 below), including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with section 10.g. unless you opt-out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of 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.
This website and its family of digital applications is operated by Luminance Medical Ventures, Inc. ("Company" or “Glowbie”). Throughout the site, the terms “we”, “us” and “our” refer to Glowbie. Glowbie offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein (collectively, these “Terms and Conditions of Use” or the “Agreement”) which form a binding contract between you and us.
By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
Permission is granted to temporarily download one copy of the materials (information or software) on Glowbie’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on Glowbie’s website; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Glowbie at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Reliance on Information Posted
The information presented on or through the Glowbie website is not intended to diagnose, treat, cure, or prevent any disease. If your pet has a medical condition, consult your veterinarian before using any device or information obtained from the Glowbie website.
Further, the information presented on or through the Glowbie website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Glowbie website, or by anyone who may be informed of any of its contents.
This website may include content provided by third parties, including, without limitation, materials provided by other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Glowbie, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Glowbie. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Disclaimer of Warranties
Your use of the website, its content, and any services or items obtained through the Glowbie website is at your own risk. The Glowbie website, its content, and any services or items obtained through the Glowbie website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither Glowbie nor any person associated with Glowbie makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the website. Without limiting the foregoing, neither Glowbie nor anyone associated with Glowbie represents or warrants that the Glowbie website, its content, or any services or items obtained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the Glowbie website or any services or items obtained through the website will otherwise meet your needs or expectations.
to the fullest extent provided by law, Glowbie hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
Some jurisdictions do not allow limitations on implied warranties, so the above limitation may not apply to you.
Limitation of Liability
To the fullest extent provided by law, in no event will Glowbie, its affiliates, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, 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.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the site. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Revisions and Errata
The materials appearing on any Glowbie website could include technical, typographical, or photographic errors. Glowbie does not warrant that any of the materials on its website are accurate, complete, or current. Glowbie may make changes to the materials contained on its website at any time without notice. Glowbie does not, however, make any commitment to update the materials.
Further, Glowbie reserves the right to make updates to its website, digital assets, or products via channels it deems necessary, including, but not limited to WiFi networks.
Glowbie has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Glowbie of the site. Use of any such linked website is at the user’s own risk.
You agree to defend, indemnify, and hold harmless Glowbie, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Glowbie website, including, without limitation, your access to or use of any information presented on or through the Glowbie website, (ii) your user contributions to the Glowbie website, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Any claim relating to any Glowbie website shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions.
Dispute Resolution and Arbitration Agreement
Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read this section 10 (“Arbitration Agreement”) carefully. It is part of your contract with Glowbie and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(a) Applicability of Arbitration Agreement. You and we agree that any dispute between you and Glowbie or any of our parent companies, subsidiaries, affiliates, officers, directors, employees or representatives (collectively, the “Glowbie Parties”) relating in any way to (i) your access to or use of this website, (ii) any advertising claims made by Glowbie, (iii) any products or services sold by Glowbie, (iv) your receipt of any communication from Glowbie or (v) these Terms and Conditions of Use will be resolved by binding arbitration, rather than in court, except that you or we may assert claims in small claims court if the claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis and you or the Glowbie Parties may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of this Agreement (i.e., the date upon which you agreed to this Agreement) or any prior version of this Agreement.
(b) If you agree to arbitration with Glowbie, you are agreeing in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against Glowbie alleging class, collective, and/or representative claims. Instead, by agreeing to arbitration, you may bring your claims against the Glowbie Parties in an individual arbitration proceeding. If successful on such claims, you could be awarded money or other relief by an arbitrator. you acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept this agreement, including this arbitration agreement.
(c) Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent at The COGENCY GLOBAL Entity Central Team, COGENCY GLOBAL INC.,850 New Burton Road, Suite 201,Dover, Delaware 19904. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Glowbie will pay them for you. Likewise, Glowbie will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(d) Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and the Glowbie Parties. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including this Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
(e) Waiver of Jury Trial. You and Glowbie hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and Glowbie are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in subsection 10.a above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
(f) Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated on an individual basis and not on a class, collective or representative basis. only individual relief is available for claims covered by this arbitration agreement, and claims of one customer or user cannot be arbitrated or consolidated with those of any other customer or user. If a decision is issued stating that applicable law precludes enforcement of any of this subsection 10.f’s limitations as to a particular claim for relief, then the applicable claim must be severed from the arbitration and brought in the state or federal courts in San Diego, California. All other claims shall be arbitrated. The parties agree to submit to the personal jurisdiction of the state or federal courts located in San Diego, California for purposes of resolving any claims for relief that are severed from an arbitration in accordance with this subsection and waive any argument that holding proceedings in such courts will impose undue hardship or materially affect their ability to present their case.
(g) 30-Day Right to Opt Out. You have the right to opt out of this Arbitration Agreement by sending written notice of your decision to opt out to the following postal or email address: 2310 Henderson Avenue, Unit 1297, Dallas, TX 75201 or email@example.com, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name, postal address and email address (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
(h) Severability. Except as provided in subsection 10.f, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
(i) Survival. This Arbitration Agreement will survive the termination or expiration of the Agreement or your relationship with Glowbie.
(j) Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Glowbie makes any future material change to this Arbitration Agreement, it will not apply to any claim(s) of which you had already provided notice to us. Notwithstanding any provision in this Agreement to the contrary, you will also have thirty (30) days to reject any such future material change to this Arbitration Agreement by sending us written notice of your rejection decision within thirty (30) days of the effective date of the applicable change. To be effective, timely notices of your rejection decision must be sent to either 2310 Henderson Avenue, Unit 1297, Dallas, TX 75201 or firstname.lastname@example.org.