Agreement between User and aglowingyou.com
Welcome to aglowingyou.com. The aglowingyou.com website (the “Site”) is comprised of various web pages operated by A Glowing You Ayurveda, LLC. aglowingyou.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of aglowingyou.com constitutes your agreement to all such Terms. If you do not agree, do not use the Site. Please read these terms carefully, and keep a copy of them for your reference.
aglowingyou.com is a Blog and E-Commerce Site. The purpose of this site is to provide education on our services and offer skincare products for our US-based customers. We are offering information on our services, and promotion and sales of related products.
Visiting aglowingyou.com or sending emails to A Glowing You Ayurveda, LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
A Glowing You Ayurveda, LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use aglowingyou.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
aglowingyou.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of A Glowing You Ayurveda, LLC and A Glowing You Ayurveda, LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. A Glowing You Ayurveda, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by A Glowing You Ayurveda, LLC of the site or any association with its operators.
Certain services made available via aglowingyou.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the aglowingyou.com domain, you hereby acknowledge and consent that A Glowing You Ayurveda, LLC may share such information and data with any third party with whom A Glowing You Ayurveda, LLC has a contractual relationship to provide the requested product, service or functionality on behalf of aglowingyou.com users and customers.
Some of the sections of this site will allow you to purchase different products and services online provided by other merchants, and not us. Some of the links that we post on our site are “affiliate links.” This means if you click on the link and purchase the item, we will receive an affiliate commission.*
We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. In addition, a merchant will likely have privacy and data collection practices that are different from ours. If you make a purchase from a merchant on their site or on a site that we have posted a link to, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your name, e-mail address, street address, telephone number, and credit card number, may be collected the merchant. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly.
*Disclosed in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of A Glowing You Ayurveda, LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. A Glowing You Ayurveda, LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of A Glowing You Ayurveda, LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of A Glowing You Ayurveda, LLC or our licensors except as expressly authorized by these Terms.
Notification of Claimed Copyright Infringement
Company respects and expects its users to respect the rights of copyright holders. On notice, Company will act appropriately to remove content that infringes the copyright rights of others. If it is believed that any content uploaded infringes upon existing copyrights, owners or any agent 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): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and, if available, an electronic mail; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Pursuant to Section 512(c) of the Digital Millennium Copyright Act, 17 U.S.C. § 512, Company designates the following individual as its agent for receipt of notifications of claimed copyright infringement:
Report of Copyright Infringement
A Glowing You Ayurveda, LLC
4737 N 1st Avenue
Tucson, Arizona 85718
The Service is controlled, operated and administered by A Glowing You Ayurveda, LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the A Glowing You Ayurveda, LLC Content accessed through aglowingyou.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless A Glowing You Ayurveda, LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. A Glowing You Ayurveda, LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with A Glowing You Ayurveda, LLC in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. A GLOWING YOU AYURVEDA, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
A GLOWING YOU AYURVEDA, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. A GLOWING YOU AYURVEDA, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
A Glowing You Ayurveda, LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Arizona and you hereby consent to the exclusive jurisdiction and venue of courts in Arizona in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and A Glowing You Ayurveda, LLC as a result of this agreement or use of the Site. A Glowing You Ayurveda, LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of A Glowing You Ayurveda, LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by A Glowing You Ayurveda, LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and A Glowing You Ayurveda, LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and A Glowing You Ayurveda, LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
A Glowing You Ayurveda, LLC reserves the right, in its sole discretion, to change the Terms under which aglowingyou.com is offered. The most current version of the Terms will supersede all previous versions. A Glowing You Ayurveda, LLC encourages you to periodically review the Terms to stay informed of our updates.
A Glowing You Ayurveda, LLC welcomes your questions or comments regarding the Terms:
A Glowing You Ayurveda, LLC
4737 N 1st Avenue
Tucson, Arizona 85718
Email Address: firstname.lastname@example.org
Telephone number: 520-869-6525
Effective as of November 01, 2020