OVERVIEW
Welcome to Glow by Liena! The terms "we", "us"
and "our" refer to Glow by Liena. Glow by Liena operates this store and
website, including all related information, content, features, tools, products
and services in order to provide you, the customer, with a curated shopping
experience (the "Services"). Glow by Liena operates a custom e-commerce
platform that integrates with Shopify's backend infrastructure for payment
processing and inventory management, while utilizing proprietary frontend
technology and third-party hosting providers to deliver the Services to you.
The below terms and
conditions, together with any policies referenced herein (these "Terms of
Service" or "Terms") describe your rights and responsibilities when you use
the Services.
Please read these Terms of Service carefully, as they
include important information about your legal rights and cover areas such as
warranty disclaimers and limitations of liability.
By visiting,
interacting with or using our Services, you agree to be bound by these Terms
of Service and our Privacy Policy. If you do not agree to these Terms of
Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing
to these Terms of Service, you represent that you are at least the age of
majority in your state or province of residence, and you have given us your
consent to allow any of your minor dependents to use the Services on devices
you own, purchase or manage.
To use the Services, including accessing or
browsing our online stores or purchasing any of the products or services we
offer, you may be asked to provide certain information, such as your email
address, billing, payment, and shipping information. You represent and warrant
that all the information you provide in our stores is correct, current and
complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account
credentials and for all of your account activity. You may not transfer, sell,
assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our
products and services in our online stores. However, please note that colors
or product appearance may differ from how they may appear on your screen due
to the type of device you use to access the store and your device settings and
configuration.
We do not warrant that the appearance or quality of any
products or services purchased by you will meet your expectations or be the
same as depicted or rendered in our online stores.
All descriptions of
products are subject to change at any time without notice at our sole
discretion. We reserve the right to discontinue any product at any time and
may limit the quantities of any products that we offer to any person,
geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order,
you are making an offer to purchase. Glow by Liena reserves the right to
accept or decline your order for any reason at its discretion. Your order is
not accepted until Glow by Liena confirms acceptance. We must receive and
process your payment before your order is accepted. Please review your order
carefully before submitting, as Glow by Liena may be unable to accommodate
cancellation requests after an order is accepted. In the event that we do not
accept, make a change to, or cancel an order, we will attempt to notify you by
contacting the e‑mail, billing address, and/or phone number provided at the
time the order was made.
Your purchases are subject to return or
exchange solely in accordance with our Refund Policy.
You represent and
warrant that your purchases are for your own personal or household use and not
for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice.
The price charged for a product or service will be the price in effect at the
time the order is placed and will be set out in your order confirmation email.
Unless otherwise expressly stated, posted prices do not include taxes,
shipping, handling, customs or import charges.
Prices posted in our
online stores may be different from prices offered in physical stores or in
online or other stores operated by third parties. We may offer, from time to
time, promotions on the Services that may affect pricing and that are governed
by terms and conditions separate from these Terms. If there is a conflict
between the terms for a promotion and these Terms, the promotion terms will
govern.
You agree to provide current, complete and accurate purchase,
payment and account information for all purchases made at our stores. You
agree to promptly update your account and other information, including your
email address, credit card numbers and expiration dates, so that we can
complete your transactions and contact you as needed.
You represent and
warrant that (i) the credit card information you provide is true, correct, and
complete, (ii) you are duly authorized to use such credit card for the
purchase, (iii) charges incurred by you will be honored by your credit card
company, and (iv) you will pay charges incurred by you at the posted prices,
including shipping and handling charges and all applicable taxes, if any.
You acknowledge that for payment processing, you may be redirected from
our custom storefront interface to a secure checkout environment hosted by
Shopify. This redirection is a standard security feature ensuring PCI
compliance and the protection of your payment data.
SECTION 5 - SHIPPING AND DELIVERY
We are
not liable for shipping and delivery delays. All delivery times are estimates
only and are not guaranteed. We are not responsible for delays caused by
shipping carriers, customs processing, or events outside our control. Once we
transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our
Services, including but not limited to all trademarks, brands, text, displays,
images, graphics, product reviews, video, and audio, and the design,
selection, and arrangement thereof, are owned by Glow by Liena, its affiliates
or licensors and are protected by U.S. and foreign patent, copyright and other
intellectual property laws.
These Terms permit you to use the Services
for your personal, non-commercial use only. You must not reproduce,
distribute, modify, create derivative works of, publicly display, publicly
perform, republish, download, store, or transmit any of the material on the
Services without our prior written consent. Except as expressly provided
herein, nothing in these Terms grants or shall be construed as granting a
license or other rights to you under any patent, trademark, copyright, or
other intellectual property of Glow by Liena, Shopify or any third party.
Unauthorized use of the Services may be a violation of federal and state
intellectual property laws. All rights not expressly granted herein are
reserved by Glow by Liena. The underlying custom source code and unique user
interface design of this storefront are the exclusive intellectual property of
Glow by Liena and are protected under applicable intellectual property laws.
Glow by Liena's names, logos, product and
service names, designs, and slogans are trademarks of Glow by Liena or its
affiliates or licensors. You must not use such trademarks without the prior
written permission of Glow by Liena. Shopify's name, logo, product and service
names, designs and slogans are trademarks of Shopify. All other names, logos,
product and service names, designs, and slogans on the Services are the
trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third
parties as part of the Services, which we neither monitor nor have any control
nor input.
You acknowledge and agree that we provide access to such
tools "as is" and "as available" without any warranties, representations or
conditions of any kind and without any endorsement. We shall have no liability
whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is
entirely at your own risk and discretion and you should ensure that you are
familiar with and approve of the terms on which tools are provided by the
relevant third-party provider(s).
We may also, in the future, offer new
features through the Services (including the release of new tools and
resources). Such new features shall also be deemed part of the Services and
are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided
or operated by third parties (including any embedded third party
functionality). We are not responsible for examining or evaluating the content
or accuracy of any third-party materials or websites you choose to access. If
you decide to leave the Services to access these materials or third party
sites, you do so at your own risk.
We are not liable for any harm or
damages related to your access of any third-party websites, or your purchase
or use of any products, services, resources, or content on any third-party
websites. Please review carefully the third-party's policies and practices and
make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party products and
services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Glow by Liena is powered by Shopify, which enables us to provide the
Services to you. However, any sales and purchases you make in our Store are
made directly with Glow by Liena. By using the Services, you acknowledge and
agree that Shopify is not responsible for any aspect of any sales between you
and Glow by Liena, including any injury, damage, or loss resulting from
purchased products and services. You hereby expressly release Shopify and its
affiliates from all claims, damages, and liabilities arising from or related
to your purchases and transactions with Glow by Liena.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to
our Privacy Policy, and certain personal information may be subject to
Shopify's Privacy Policy, which can be viewed
here. By using
the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and
processes personal information about your access to and use of the Services in
order to provide and improve the Services for you. Information you submit to
the Services will be transmitted to and shared with Shopify as well as third
parties that may be located in other countries than where you reside, in order
to provide services to you. Review our privacy policy for more details on how
we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit,
upload, post, email, or otherwise transmit any ideas, suggestions, feedback,
reviews, proposals, plans, or other content (collectively, "Feedback"), you
grant us a perpetual, worldwide, sublicensable, royalty-free license to use,
reproduce, modify, publish, distribute and display such Feedback in any medium
for any purpose, including for commercial use. We may, for example, use our
rights under this license to operate, provide, evaluate, enhance, improve and
promote the Services and to perform our obligations and exercise our rights
under the Terms of Service.
You also represent and warrant that: (i) you
own or have all necessary rights to all Feedback; (ii) you have disclosed any
compensation or incentives received in connection with your submission of
Feedback; and (iii) your Feedback will comply with these Terms. We are and
shall be under no obligation (1) to maintain your Feedback in confidence; (2)
to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that
we determine in our sole discretion to be unlawful, offensive, threatening,
libelous, defamatory, pornographic, obscene or otherwise objectionable or
violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any
third-party, including copyright, trademark, privacy, personality or other
personal or proprietary right. You further agree that your Feedback will not
contain libelous or otherwise unlawful, abusive or obscene Feedback, or
contain any computer virus or other malware that could in any way affect the
operation of the Services or any related website. You may not use a false
email address, pretend to be someone other than yourself, or otherwise mislead
us or third-parties as to the origin of any Feedback. You are solely
responsible for any Feedback you make and its accuracy. We take no
responsibility and assume no liability for any Feedback posted by you or any
third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain
typographical errors, inaccuracies or omissions that may relate to product
descriptions, pricing, promotions, offers, product shipping charges, transit
times and availability. Due to the real-time nature of data synchronization
between our custom storefront and inventory systems, rare discrepancies in
pricing or availability may occur. In the event of a technical discrepancy,
the price and availability displayed at the final checkout page shall be
considered the authoritative and binding terms of the sale. We reserve the
right to correct any errors, inaccuracies or omissions, and to change or
update information or cancel orders if any information is inaccurate at any
time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may
not access or use the Services, directly or indirectly: (a) for any unlawful
or malicious purpose; (b) to violate any international, federal, provincial or
state regulations, rules, laws, or local ordinances; (c) to infringe upon or
violate our intellectual property rights or the intellectual property rights
of others; (d) to harass, abuse, insult, harm, defame, slander, disparage,
intimidate, or harm any of our employees or any other person; (e) to transmit
false or misleading information; (f) to send, knowingly receive, upload,
download, use, or re-use any material that does not comply with the these
Terms; (g) to transmit, or procure the sending of, any advertising or
promotional material, including any "junk mail," "chain letter," "spam," or
any other similar solicitation; (h) to impersonate or attempt to impersonate
any other person or entity; or (i) to engage in any other conduct that
restricts or inhibits anyone's use or enjoyment of the Services, or which, as
determined by us, may harm Glow by Liena, Shopify or users of the Services, or
expose them to liability.
In addition, you agree not to: (a) upload or
transmit viruses or any other type of malicious code that will or may be used
in any way that will affect the functionality or operation of the Services;
(b) reproduce, duplicate, copy, sell, resell or exploit any portion of the
Services; (c) collect or track the personal information of others; (d) spam,
phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or
circumvent the security features of the Services or any related website, other
websites, or the Internet. We reserve the right to suspend, disable, or
terminate your account at any time, without notice, if we determine that you
have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any
part thereof) in our sole discretion at any time without notice, and you will
remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination:
Intellectual Property, Feedback, Termination, Disclaimer of Warranties,
Limitation of Liability, Indemnification, Severability, Waiver; Entire
Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions
that by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services 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 Services, or by anyone who may be informed of any of
its contents.
EXCEPT AS EXPRESSLY STATED BY Glow by Liena, THE SERVICES
AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS
AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE,
REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE
DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT
APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Glow by Liena,
OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS,
SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE
LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT
LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA,
REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE
OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY
OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT,
INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR
ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Glow by Liena, Shopify,
and our affiliates, partners, officers, directors, employees, agents,
contractors, licensors, and service providers from any losses, damages,
liabilities or claims, including reasonable attorneys' fees, payable to any
third party due to or arising out of (1) your breach of these Terms of Service
or the documents they incorporate by reference, (2) your violation of any law
or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure
to promptly notify will not relieve you of your obligations unless you are
materially prejudiced. We may control the defense and settlement of such claim
at your expense, including choice of counsel, but will not settle any claim
requiring non-monetary obligations from you without your consent (not to be
unreasonably withheld). You will cooperate in the defense of indemnified
claims, including by providing relevant documents.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined
to be unlawful, void or unenforceable, such provision shall nonetheless be
enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and enforceability
of any other remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these
Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us
on this site or in respect to the Service constitutes the entire agreement and
understanding between you and us and governs your use of the Service,
superseding any prior or contemporaneous agreements, communications and
proposals, whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms of Service).
Any ambiguities
in the interpretation of these Terms of Service shall not be construed against
the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your
rights or obligations under these Terms without our prior written consent, and
any such attempt will be null and void. We may transfer, assign, or delegate
these Terms and our rights and obligations without consent or notice to you.
SECTION 21 - GOVERNING LAW
These Terms of
Service and any separate agreements whereby we provide you Services shall be
governed by and construed in accordance with the laws of the State of Florida.
You and Glow by Liena consent to venue and personal jurisdiction in the
federal and state courts located in the State of Florida.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only
and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any
time on this page.
We reserve the right, in our sole discretion, to
update, change, or replace any part of these Terms of Service by posting
updates and changes to our website. It is your responsibility to check our
website periodically for changes. We will notify you of any material changes
to these Terms in accordance with applicable law, and such changes will be
effective on the date specified in the notice. Your continued use of or access
to the Services following the posting of any changes to these Terms of Service
constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
hello@glowbyliena.com.
Our contact information is posted below:
Glow by Liena
hello@glowbyliena.com
5275 Post Oak Blvd Apt 407, Wesley Chapel, FL 33544, United States
+1 (714) 403-3758