Glowforge Terms of Purchase and Service
Last Updated: September 15, 2020
Welcome, and thank you for your interest in Glowforge, Inc. (“Glowforge,” “we,” or “us”) and our website at glowforge.com and subdomains including shop.glowforge.com, app.glowforge.com, and community.glowforge.com, along with our related websites, networks, software applications, and hardware products and accessories. These Terms of Purchase and Service are a legally binding contract between you and Glowforge regarding your purchase of any Product from Glowforge and your use of the Service (each defined below).
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY CLICKING ON THE “BUY”, “BUY NOW”, “PURCHASE”, “PAY NOW”, “CHECKOUT”, OR OTHER SIMILAR BUTTON TO MAKE A PURCHASE, OR BY CLICKING “I ACCEPT,” OR BY DOWNLOADING OR INSTALLING SOFTWARE OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR PURCHASES AND USE OF THE SERVICE, YOU AGREE TO BE BOUND, BY THE FOLLOWING TERMS AND CONDITIONS (“TERMS”).
IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU SHOULD NOT PURCHASE ANY PRODUCT AND YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR PURCHASE OF A PRODUCT AND USE OF THE SERVICE, AND GLOWFORGE’S PROVISION OF ANY PRODUCT OR THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY GLOWFORGE AND BY YOU TO BE BOUND BY THESE TERMS.
IF YOU ARE MAKING PURCHASES OR ACCESSING AND USING THE SERVICE FROM THE EUROPEAN UNION, CERTAIN SEPARATE TERMS APPLY AS INDICATED BELOW.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 6.7, and except if you are in the European Union, you agree that disputes arising under these Terms (including any dispute arising from your purchase or use of the Product) will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND GLOWFORGE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 6.7)
SECTION 1 - DEFINITIONS. The following definitions apply throughout these Terms:
- “Community Content” means Content uploaded, posted, or shared to a public area of the Service (e.g. the Glowforge community forum) by users of the Service.
- “Content” means designs, messages, specifications, reviews, photos, video, images, data, text, and other types of works.
- “Feedback” means input and suggestions made to Glowforge regarding any matter, including any aspect of a Product or the Service.
- “Glowforge Content” means Content owned by Glowforge or licensed by Glowforge from a third party under license terms other than these Terms.
- “Prints” means a physical object that incorporates some or all of the Content
- “Product” means Glowforge’s hardware products, including those known as “Glowforge Basic,” “Glowforge Plus,” “Glowforge Pro,” and “Glowforge Air Filter,” and related spare parts, materials, and accessories.
- “Service” means Glowforge’s hosted service, which controls the Product, allows access to make additional purchases, stores Content, and enables performing various other functions, including through a mobile application.
SECTION 2 - OVERVIEW
- Overview. Glowforge makes available Products and Services that enable users to create Prints. To order a Product, you must register for an account and connect to our Service, which allows you to access Content and create Prints. You must be connected to the Service in order to use the wireless hardware Product, access Content, and create Prints.
- Service. You must be at least 13 years old to use the Service. If you are under 18, you must have the consent of your parent or guardian on your behalf and only use the Service under their direct supervision. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations.
- Purchases. You must be at least 18 years old to make purchases from Glowforge. By making a purchase from Glowforge, you represent and warrant to us that you are at least 18 years old.
- Entity Users. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
- Accounts and Registration. To purchase a Product, and to access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password.
- User Accounts. Each user must have their own account and you also agree that you will not allow others to use your account. If any person, other than yourself, uses your account, you will be in violation of these Terms and we may take such measures as we deem necessary in our discretion, including termination of your account with us and ceasing to provide you with access to the Service. If you believe that your account is no longer secure, then you must immediately notify us at email@example.com.
- Use of Products and Services. You represent that each Product you purchase is for your own use and not for resale. Use of the Product may be subject to local laws, regulations, and ordinances in your jurisdiction, including air quality laws, noise control laws, and other health and safety laws. You are responsible for complying with all applicable laws. It is your responsibility to determine whether your use of the Product complies with local laws, regulations, and ordinances. For example, Glowforge makes units available with air filters, but you are still responsible for determining whether the air filter meets any standards required by the laws in your jurisdiction. You may request information about the Product from Glowforge to assist you in making your determination, but Glowforge may not have such information available and will not be liable for errors in that information or for your determination. If you do not have sufficient information to determine whether your use of the Product will comply with all applicable laws, regulations, and ordinances, then you should not purchase the Product. You must also use each Product in strict accordance with the applicable user documentation. The wireless hardware Product will not work without an Internet connection and an account on the Service. Use of the Service is subject to these Terms. If you violate the Terms, you may not be able to use the wireless hardware Product or certain features of the wireless hardware Product. Glowforge will not be liable for your inability to use any Product.
SECTION 3 - TERMS APPLICABLE TO THE SERVICE
- License to use the Service. Subject to your complete and ongoing compliance with these Terms, Glowforge grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) access and use the Service; and (b) install and use one object code copy of mobile applications made available by Glowforge and obtained from a legitimate marketplace on a mobile device that you own or control .
- License Restrictions on use of the Service. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform any portion of the Service (including any mobile application); (b) make modifications to any portion of the Service; (c) access the Service (or any portion of the Service) by any automated means that is unauthorized by Glowforge (e.g., calling undocumented APIs, access of the Service via a ‘bot’); (d) access the Service (or any portion of the Service) in order to build a competitive or similar service; or (e) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
- License to Glowforge Content and Community Content. Subject to your complete and ongoing compliance with these Terms, and the restrictions or requirements of the Service, Glowforge grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) modify Glowforge Content and Community Content as permitted by the functionality of the Service; and (b) create Prints using or incorporating Glowforge Content and Community Content.
- License Restrictions on Glowforge Content and Community Content. You may not sell or re-sell Glowforge Content or Community Content, whether or not such Glowforge Content or Community Content has been modified. Some Glowforge Content and Community Content may be subject to restrictions, e.g., payment, when it may be printed, and whether a Print using or incorporating Glowforge Content or Community Content may be used for commercial purposes. For clarity, you may use, distribute, sell, and re-sell Prints using or incorporating (a) your Content at your discretion, and (b) Glowforge Content or Community Content at your discretion unless otherwise restricted by the terms of the Glowforge Content or Community Content. Without limiting any other rights or remedies under these Terms, Glowforge may suspend or terminate access to any Glowforge Content or Community Content if Glowforge no longer has the rights to or believes such Glowforge Content or Community Content could become the subject of an infringement claim. No refunds will be issued for such suspension or termination.
- Feedback. If you choose to provide Feedback, then you hereby grant Glowforge an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Products and the Service, and to create other products and services.
- Your Content Generally. Certain features of the Service may permit you to upload, create, or post Content on the Service. You retain any copyright and other proprietary rights that you may hold in the Content that you post to or create in the Service, except as modified by your own action or actions to grant a license in accordance with Section 3.2.2 or 3.2.3.
- License Grant to Your Private Content. If you upload or create Content in a private area of the Service , you grant Glowforge a worldwide, non-exclusive, royalty-free, fully paid right and license to host, store, transfer, display, perform, reproduce, and modify such Content for the full period of time that you maintain your account on the Service, solely to enable your use of that Content or to resolve any issues that may arise with the Service. Glowforge will treat any Content you upload or create in a private area of the Service as confidential. If you delete your Content from a private area of the Service, Glowforge may, but is not obligated to, retain copies of your deleted Content.
- License Grant to Your Public Content. If you upload, create, post, publish or share Content to a public area of the Service (e.g. the Glowforge community forum), you grant Glowforge a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute such Content, in whole or in part, in any media formats and through any media channels now known or later developed. For other users of the Service, any Content you post or create in a public area of the Service is considered Community Content. You retain your right to license your Content to other people at your sole discretion, unless you enter into an agreement with Glowforge that states otherwise. If you delete your Content from a public area of the Service, you may maintain that Content in a private area of the Service. Glowforge may, but is not obligated to, retain copies of your Content that you have deleted from a public area of the Service. .Deletion of Content from a public area of the Service does not affect rights of users in the copies of that Content downloaded before you deleted it, or Prints already created incorporating your Content. Additionally, Glowforge may allow you to monetize your Content. Such an arrangement will be conditional on your acceptance of other terms in a separate agreement with Glowforge.
- Your Content Representations and Warranties. You are solely responsible for your Content and the consequences of submitting, posting, publishing, creating, or sharing Content. By submitting, posting, publishing, creating, or sharing Content, you affirm, represent, and warrant that: ● you are the creator and owner of that Content, or have the necessary licenses, rights, consents, and permissions to authorize Glowforge to use and distribute that Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Glowforge, the Service, and these Terms; ● your Content, and the use of your Content as contemplated by these Terms, complies with the requirements under Section 3.6 (Prohibited Conduct).
- No Responsibility of Glowforge. Glowforge is under no obligation to make available, edit, or control Content that you post, publish, or create, and will not be in any way responsible or liable for your Content. Glowforge may, however, at any time and without prior notice, screen, remove, edit, or block any Content that in our sole judgment may not be compatible with our Products, violate these Terms, or is otherwise objectionable.
Community Content Disclaimer. You understand that when using the Service you will be exposed to Community Content from a variety of sources and acknowledge that such Community Content may be defective (e.g., contains an error that causes your materials, Print, or Product to be damaged), inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Glowforge with respect to Community Content. If notified by a user or content owner that Community Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the Community Content, which we reserve the right to do at any time and without notice. For clarity, Glowforge does not permit copyright-infringing activities on the Service.
Digital Millennium Copyright Act.
- DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about Content or material posted on the Service, you may contact our Designated Agent at the following address: Glowforge, Inc. ATTN: Legal Department (Copyright Notification) 2200 1st Avenue South 1st Floor Seattle, WA, 98134, USA Email: firstname.lastname@example.org
Any notice alleging that Content or materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyright-protected work or other intellectual property right that you claim has been infringed; a description of the Content or material that you claim is infringing and where it is located on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of such Content or materials on the Service is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- Repeat Infringers. Glowforge will promptly terminate without notice the accounts of users that are determined by Glowforge to be “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing activity or has had Content removed from the Service at least twice.
Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
- Use the Service for any illegal purpose or in violation of any local, state, national, or international law;
- Use the Service to design or manufacture any dangerous or illegal material, or in any way that may cause physical harm to a person or animal or damage any property;
- Use the Product or Service other than intended as described in Glowforge user manuals and the instructions found on Glowforge’s websites, software packages, and mobile applications;
- Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
- Post, upload, create or distribute any Content or other material that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
- Interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit unlicensed use or copying of any Content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; or (c) attempting to interact with the Service in a way not authorized by this agreement;
- Interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;
- Perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, providing incorrect information when creating or modifying a Service account, or falsifying your age or date of birth;
- Sell or otherwise transfer the access to the Service granted under these Terms or any materials available via the Service or any right or ability to view, access, or use any material available via the Service;
- Use an account to access the Product without express permission from the owner of that Product;
- Use, evaluate, view, or copy the Service, including any source code or user interface, in whole or in part, in order to compete with the Service; or
- Attempt to do any of the acts described in this Section 3.6, create tools to facilitate the acts described in this Section 3.6, or assist or permit any person in engaging in any of the acts described in this Section.
Third Party Terms.
- Third-Party Services and Linked Websites. Glowforge may provide tools through the Service that enable you to export information, including Content, to third party services, including through features that allow you to link your account on Glowforge with an account on the third party service, such as Twitter for Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under Glowforge’s control, and Glowforge is not responsible for any third party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.
- Third Party Software. The Service may include or incorporate third party software components, which may be subject to additional third-party terms, or may be licensed directly from third parties. Glowforge is not responsible for any third party software components.
- Third Party Content. The Service may include Content licensed by Glowforge from third parties, which may be subject to additional third-party terms. Glowforge is not responsible for any third party Content. 126.96.36.199 Artwork. All items designated as “artwork” on the Service are licensed from The Noun Project and are subject to The Noun Project terms and conditions at https://thenounproject.com/legal/#!terms-of-use.
Term, Termination of Use; Discontinuation and Modification of the Service. In connection with the Service these Terms will cease to apply when terminated as described in this Section. You may terminate your account at any time by contacting customer service at email@example.com. If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically. In addition, Glowforge may in its sole discretion suspend or terminate your access to the Service, or portions of the Service, during an investigation of a violation of these Terms. Glowforge’s determination that a violation has occurred will be in its sole and absolute discretion. Upon Glowforge’s determination that a violation has occurred, Glowforge may immediately terminate your access to the Service or portions of the Service. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer have access to your account; (c) you must pay Glowforge any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination will survive. Glowforge also reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Glowforge will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.
Additional Service Terms Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Service Terms”), such as end-user license agreements for any downloadable software applications, user manuals, or rules, instructions, or directives that apply to a particular feature or Content on the Service, subject to Section 6.2. All Additional Service Terms are incorporated by this reference into, and made a part of, these Terms.
SECTION 4 - PURCHASES
- Product Availability. Purchases of the Product are subject to estimated availability as described on the Glowforge website at the time that you place your order and updated from time to time via communications on community.glowforge.com or through email.
- Pricing. Glowforge reserves the right to determine pricing for the Product, Service, and Content, as well as charges for shipping the Product. Glowforge will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Glowforge, at its sole discretion, may make promotional offers with different features and different pricing to any of Glowforge’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms. Except in the case of sales tax for certain locations which are identified when payment is taken, all import duties, taxes, tariffs, and other charges are not included in the Product price or shipping costs. These charges are your responsibility. Please check with your state and country’s customs office to determine if there will be additional costs prior to completing your order. If you have already placed a pre-order and discovered that such taxes make your pre-order untenable for you, please contact Glowforge support at firstname.lastname@example.org to rescind your pre-order, and we will refund the amount you paid in connection with your pre-order in full. All orders for the Product must be paid in full, including shipping, prior to delivery by Glowforge of the Product to you. Glowforge reserves the right to suspend delivery and performance until full payment is received.
- Shipping Charges. We list shipping charges for each country on our website, and you must pay all shipping charges for the location of the address you provide. You must also pay all tariff, import, customs, tax, and other charges applicable in your jurisdiction. If shipping costs to the address that you provide for an accepted pre-order are higher than the shipping costs you paid at the time that you offered to purchase the Product, Glowforge may, in its sole discretion, require you to pay additional shipping fees or refund the full amount you paid.
- General Payment Terms. In order for your offer to purchase a Product to be eligible for Glowforge’s acceptance, you must pay the amount for the Product elected by you as set forth on the relevant payment page by credit card through PayPal, Stripe, Affirm, or another payment method designated on our website. Payment does not guarantee acceptance by Glowforge. Glowforge may elect to offer premium Service features that require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All prices and fees are in U.S. Dollars and are non-refundable except as expressly described in these Terms.
- Authorization. You authorize Glowforge to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Glowforge, to the payment method specified in your account. If you pay any fees with a credit card, Glowforge may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
- Online Payment Transactions. You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. Please note that it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
- Product Orders. Your order constitutes an offer to purchase a Product, and all orders are subject to Glowforge’s acceptance. Except to the extent prohibited by applicable law, Glowforge may accept, decline, or place limits on your order for any reason. You do, however, acknowledge that by clicking on the “Buy”, “Buy Now”, “Purchase”, “Pay Now” or other similar button, you enter into an obligation to pay for the Product. Your order is complete when Glowforge informs you that your shipment is ready and you provide final approval to ship. Please review the Product information carefully before you provide your final approval; Products may change significantly from the time that you submitted your offer to Glowforge and the time that the Product is ready for shipment. If Glowforge rejects your offer, Glowforge will, as your sole and exclusive remedy and Glowforge’s sole and exclusive liability, refund the amount you paid as described in Section 4.13. Glowforge will send you an email to the address provided by you once the Product is ready for shipment to indicate whether your pre-order has been accepted or rejected. If you have any questions, comments, or concerns regarding Glowforge’s pre-order acceptance policy, or if you believe that your pre-order was rejected in error, please contact Glowforge at email@example.com. If you do not provide your shipping information within 30 days of Glowforge’s request, Glowforge may, at its sole discretion, provide you a full refund of the amount you paid or continue to attempt to contact you. Glowforge will make reasonable efforts to contact you to provide a refund after that 30 day period, but if Glowforge does not receive a response from you within 90 days of Glowforge’s initial request for your shipping address, or if Glowforge is not able to process your refund after that 30 day period (for example, due to a cancelled credit card or closed PayPal account), then Glowforge will treat the amount that you paid as unclaimed property in accordance with applicable law.
- Order Contracts in the European Union. If you are located in the European Union, and if we accept your offer to purchase a Product and are ready to ship the Product, we will confirm our acceptance by sending you a confirmation that the Product is ready for shipment. You will then be required to confirm that you still wish to purchase the Product (“Order Confirmation”). The contract between you and us in relation to your purchase of the Product (“Order Contract”) will be formed only once you send us the Order Confirmation. The Order Contract will relate only to the Product that has been confirmed in the Order Confirmation. We will not be obliged to supply any other Product which may have been part of your order until such other Product has been confirmed in a separate Order Confirmation. If you place a pre-order before the availability date shown on the relevant Product page (and we accept it), the pre-ordered Product will be shipped on the availability date and delivered by the delivery date set out in the Order Confirmation. Please print a copy of your Order Confirmation, including these Terms, for your records.
- Export Control. You acknowledge that the Product may be subject to export control laws and other laws and regulations of the United States and other countries, and that if Glowforge ships the Product to you, the Product may be impounded or otherwise confiscated by customs or other authorities. You are responsible for compliance with all applicable export control laws and regulations. You represent that you will not export, re-export, or transfer indirectly or directly any Product outside of the United States without obtaining proper authorization from the applicable government agencies. Without limiting the immediately preceding sentence, you will not export, re-export, or transfer directly or indirectly any Product to: (i) an embargoed/terrorist supporting country, including Cuba, Iran, North Korea, Syria, Sudan, or any other such country as determined by the U.S. government; (ii) a person or entity barred by the U.S. Government on export activity lists, including persons or entities on the Treasury Department Specially Designated National List, Entities List, and Denied Persons List; or (iii) any destination for an end use that is prohibited by applicable law. You will defend and hold Glowforge harmless against all claims, damages, or liability resulting from breach of the foregoing.
- Title, Risk of Loss. If you are not located in the European Union, title to the Product will pass to you when the Product is delivered to the carrier, after which all risk of loss or damage to any Product will be yours. If you are located in the European Union, title to the Product will pass to you when the Product is delivered to you by the carrier, after which all risk of loss or damage to any Product will be yours.
- Product Delivery. Glowforge will attempt in good faith to deliver the Product in accordance with your order or any other schedule Glowforge may provide to you when placing the order, but Glowforge will not be responsible or liable for any delays or failure in such delivery. Glowforge expressly reserves the right to effect delivery of the Product ordered in any number of separate shipments, and the modes of transport and carriers will be decided at Glowforge’s discretion. During any period of shortage, Glowforge may allocate its supply of the Product in any manner Glowforge deems appropriate. Your order will be delivered to the delivery address you specify when placing your order. If your delivery address is geographically remote or otherwise difficult to deliver to, it is possible that we may not be able to deliver there. If that is the case, we will notify you before we accept your order. Orders cannot be delivered to PO Box or similar addresses. Glowforge will not be responsible or liable for any delay or failure to deliver due to any cause which is unavoidable or beyond Glowforge’s reasonable control. In such cases, Glowforge will have the right, at its option, without penalty or any liability for breach, to terminate all or any part of any order or to reschedule delivery within a reasonable time.
- Inspection. You should carefully examine all deliveries of the Product upon delivery, and notify Glowforge of any alleged error, shortage, defect or non-conformity of the Product within 5 days after receipt. Your failure to examine and report will constitute a waiver of any claim against Glowforge arising under these Terms or by law with respect to any such error, shortage, defect, or non-conformity reasonably discoverable by examination. You agree to make any and all claims for damage or loss in transit against the carrier. The provision of this Section 4.12 will not apply to purchases made in the European Union.
- Refunds. Refunds may take up to 10 business days to process. All refunds are in US dollars. If you are located in the United States, returns are subject to the following conditions:
- Prior to confirmation of shipping address: You will receive a full refund for your purchase price, including shipping.
- Unopened Glowforge Basic, Plus, Pro, or air filter package(s) within 30 days of shipment with its original receipt: You will receive a refund for your purchase price, less shipping and a 10% restocking fee.
- Opened Glowforge Basic, Plus, or Pro unit, unused, within 30 days of shipment with its original receipt, with all original materials and packaging, undamaged: You will receive a refund for your purchase price, less shipping and a 15% restocking fee.
- Opened Glowforge Basic, Plus, or Pro, unit used up to 50 prints, no visible wear or damage, within 30 days of shipment with its original receipt, with all original packaging and materials except the Proofgrade Materials, undamaged: You will receive a refund for your purchase price, less shipping and a 30% restocking and refurbishment fee.
- Opened air filter package, used or unused, within 30 days of shipment with its original receipt, with all original materials and packaging, undamaged: You will receive a refund for your purchase price, less shipping and a 30% restocking fee.
- After 30 days or 50 prints, whichever comes first, your Glowforge Basic, Plus, or Pro unit is no longer eligible for return
- After 30 days your air filter unit is no longer eligible for return.
- European Union Compliance Terms-Preorder. If you are located in the European Union, you may cancel your Order Contract at any time before the Product is delivered and up to 14 days afterwards, beginning on the day after the Product (in its entirety) is delivered to you. If you cancel, you will receive all payments returned to you in accordance with our policy below. To cancel an Order Contract, you must complete and submit our cancellation form at https://glowforge.com/cancel-pre-order.
- European Union Compliance Terms-Sent Back. If you are located in the European Union and you cancel your Order Contract in accordance with Section 4.14, you must return the Product to us within 14 days after the day of notifying us of the cancellation, in the same condition in which you receive them (which does not interfere with your right to take any reasonable steps to examine the Product and make sure they conform to your order). You have a legal obligation to take reasonable care of the Product while in your possession. If you fail to comply with this obligation, we may have a right to deduct the cost of any deterioration (due, for example, to your having used the Product), up to the price of the Product, from the payment to which you are otherwise entitled. To return any Product, you must notify Glowforge at firstname.lastname@example.org, package the Product securely in all of its original packaging (making sure you include a note of your name and address (enclosing any returns slip, if we have provided one) inside the parcel), and follow all other instructions provided by Glowforge.
- Cost of Returns and Postal Insurance. We advise that you take out enough postal/carriage insurance to cover the value of the contents. Please save your proof of posting/shipping and tracking information until your refund has been processed. You will be responsible for the cost and risk of returning the Product to us.
- European Union Compliance Terms-After Ordering. If you are located in the European Union and you cancel your Order between us within the 14-day cooling-off period (see above), we will process any cancellation and resulting payment due to you promptly after we receive the Product back. We will remit the price paid in full (subject to any deduction we are entitled to make due to your use of or damage to the Product). However, this payment will not include your cost of returning the Product to us. If you received any promotional or other discount when you paid, any payment will only reflect the amount you actually paid in US Dollars. Refunds are made using the same method originally used by you to pay for your purchase, unless agreed otherwise.
- European Union Compliance Terms-Consumer Rights. 1.1 If you are located in the European Union, details of your consumer rights are described in 4.14 through 4.17. Nothing in this Section 4 affects your legal rights.
- Product Information; Changes. While we have taken reasonable steps to depict the Product as accurately as possible through the photographs and other images featured on our websites, the detailing (such as color, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it. In addition, Glowforge expressly reserves the right, at any time and without notice, to discontinue the production or change the specifications of any Product or the Service.
- Subscription Service. The Service may include additional, premium features that include automatically recurring payments for periodic charges (“Subscription Service”). Glowforge may offer a variety of Subscription Services, including special promotional plans, which may have differing conditions and limitations, which will be disclosed to you at sign-up or in other communications made available to you. If you decide to activate a Subscription Service, you authorize Glowforge to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). Glowforge may increase the subscription fee for any subsequent subscription period if Glowforge gives you advance notice of the increase before it applies to the email address which you provide to Glowforge. Glowforge may decrease the subscription fee for any subsequent subscription period without notice. You may cancel a Subscription Service by contacting us at: email@example.com. Payments for Subscription Services are nonrefundable. If you cancel, change your Subscription Service, or if your account is otherwise terminated under these Terms, you will not receive a credit, including for partially used periods of a Subscription Service.
- Trial Periods. From time to time, Glowforge may offer trials of Subscription Services for a specified period without payment or at a reduced rate (a “Trial”). Glowforge may determine your eligibility for a Trial and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law. For some Trials, Glowforge may require you to provide your payment details to start the Trial. By providing such details you agree that Glowforge may automatically begin charging you for the Subscription Service on the first day following the end of the Trial and thereafter in accordance with Section 4.20. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE SUBSCRIPTION SERVICE BEFORE THE END OF THE TRIAL WITHIN YOUR ACCOUNT OR BY CONTACTING GLOWFORGE AT SUPPORT@GLOWFORGE.COM
- Delinquent Accounts. Glowforge may suspend or terminate access to the Service for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
- Pre-Production Units. If you have received a pre-production unit of the Product, your unit of that Product may be subject to additional or different terms provided when you confirm your address for shipment of that unit. You will cooperate with Glowforge to replace your pre-production unit of the Product with a production unit upon request.
- Support. You may request support for the Service, including any problems with the Product, by contacting us at firstname.lastname@example.org. Glowforge is under no obligation to provide specific levels of support, or to meet specific response or resolution times.
SECTION 5 - Warranties and Disclaimers; Warranty Returns; LIMITATION OF LIABILITY
- Limited Warranty for Products. If you are not located in the European Union, please review the limited Product warranty located at https://glowforge.com/warranty, carefully before making a purchase decision. If any law in your jurisdiction modifies this warranty, however, then Glowforge does not offer a warranty in your jurisdiction and nothing in this Section affects your legal rights.
- Faulty Products. If you are located in the European Union, and if any Product is damaged or faulty when delivered to you or develops a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights in the country in which you reside. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible in writing, giving your name, address and order reference. Nothing in this Section affects your legal rights.
- Warranty Returns. Please see warranty return information at https://glowforge.com/warranty.
- No Warranty for Modified Products. If you modify a Product, please be aware that your modification may cause loss of access to the Service or loss of some or all functionality of your Product. In addition, modification of your Product voids the limited warranty.
- All Content Licensed As-Is Without Warranty. ALL CONTENT MADE AVAILABLE ON THE SERVICE IS PROVIDED AS-IS, WITHOUT ANY WARRANTY. WITHOUT LIMITING ANY OF THE DISCLAIMERS IN THESE TERMS, CONTENT MAY CONTAIN ONE OR MORE ERRORS CAUSING YOUR PRODUCT OR PRINT TO MALFUNCTION OR BE DAMAGED, MAY OTHERWISE BE INCORRECT, OR MAY VIOLATE APPLICABLE LAW. UNLESS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL GLOWFORGE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE ANY CONTENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF GLOWFORGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- No Warranty for Prints. GLOWFORGE DOES NOT WARRANT ANY PRINT THAT YOU MAKE THROUGH USE OF THE PRODUCT OR SERVICE. WITHOUT LIMITING ANY OF THE DISCLAIMERS IN THESE TERMS, PRINTS MAY BE DEFECTIVE, OR MAY VIOLATE APPLICABLE LAW. YOU UNDERSTAND AND AGREE THAT YOU BEAR SOLE RESPONSIBILITY FOR ANY PRINTS MADE THROUGH USE OF THE PRODUCT, INCLUDING THE SOLE RESPONSIBILITY FOR ENSURING THAT WHAT YOU MAKE IS SAFE AND SUITABLE FOR HOW IT IS USED.
- No Warranty for the Service. THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. SAVE AS PREVENTED BY APPLICABLE LAW, GLOWFORGE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. GLOWFORGE DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND GLOWFORGE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. GLOWFORGE IS NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT GLOWFORGE IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY CAUSED BY THE PRODUCT, SERVICE, ANY CONTENT, ANY OTHER MATERIALS OR PROPERTY, OR ANY PRINTS THAT YOU MAKE THROUGH USE OF THE PRODUCT OR SERVICE, OR CONTENT, OR ANY LOSS OF DATA.
- Limited Disclaimer. HOWEVER, GLOWFORGE DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT GLOWFORGE IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
- LIMITATION OF LIABILITY.
The provisions of this Section 5.9 apply if you are not located in the European Union, but nothing in this Section 5.9 affects your legal rights. See Section 5.10 if you are located in the European Union.
- TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL GLOWFORGE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE, ANY CONTENT ON THE SERVICE, OR ANY PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GLOWFORGE HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
- EXCEPT AS PROVIDED IN SECTION 6.7.5, (A) THE AGGREGATE LIABILITY OF GLOWFORGE TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE, CONTENT, OR PRINTS, UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (1) THE AMOUNT YOU HAVE PAID TO GLOWFORGE FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (2) $100; and (B) THE AGGREGATE LIABILITY OF GLOWFORGE TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PRODUCT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNT YOU PAID TO GLOWFORGE FOR THAT PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 5.9 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- LIMITATION OF LIABILITY - EUROPEAN UNION.
- Nothing in these terms shall limit or exclude our liability to you for: (a) death or personal injury caused by our negligence; (b) fraudulent misrepresentation; (c) breach of any term implied by any consumer legislation applicable in the country in which you reside and which, by law, may not be limited or excluded; or (d) any other liability that, by law, may not be limited or excluded. Subject to the foregoing sentence, if you are a consumer and not a business customer, in no event shall we be liable to you for any business losses, and if you are a business customer, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer arising from any Order shall not exceed the purchase price of the relevant Product and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
SECTION 6 - GENERAL
- Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you are required to accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
- Ownership; Proprietary Rights. The Service is owned and operated by Glowforge. The Product, Glowforge Content, and the visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), software, services, and all other elements of the Service are protected by intellectual property and other laws, and are the property of Glowforge or our third-party licensors. You may not make use of the Service except as expressly authorized by Glowforge. Glowforge reserves all rights in and to the Product, Service, and Glowforge Content not granted expressly in these Terms, or other Additional Service Terms. Glowforge may be independently creating content that may be similar to or competitive with your Content or Community Content. Nothing in this Agreement will be construed as restricting or preventing Glowforge from creating new content and exploiting any of Glowforge’s intellectual property rights, without any obligation to you.
- Indemnity. You are responsible for your use of the Service, Content, Prints, and Products, and you will defend and indemnify Glowforge and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your access to, use of, or misuse of, the Service, Content, Prints, or any Product, in a way that is harmful to others; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
- Governing Law. If you are not located in the European Union, these Terms are governed by the laws of the State of Washington without regard to conflict of law principles. You and Glowforge agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Seattle, Washington for the resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in Washington, and we make no representation that the Service is appropriate or available for use in other locations. If you are located in the European Union, these Terms are governed by English law, except that (if you are a consumer and not a business user) and if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law. However, nothing in this Section 6.4 affects your legal rights.
- Force Majeure. Glowforge will not be liable to you for any delay in delivery of the Product or your inability to access the Service, including any delay or lack of access due to an event beyond Glowforge’s reasonable control, such as an act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, epidemic, pandemic, labor shortage due to illness or illness mitigation, act of government, or any other natural or man-made condition outside of Glowforge’s control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms or any Order Contract that is caused by events outside our reasonable control.
- Dispute Resolution and Arbitration.
The provisions of this Section 6.7 apply if you are not located in the European Union, but nothing in this Section 6.7 affects your legal rights. See Section 6.8 if you are located in the European Union.
Generally. In the interest of resolving disputes between you and Glowforge in the most expedient and cost effective manner, and except as described in Sections 6.7.2 and 6.7.3, you and Glowforge agree that every dispute arising in connection with these Terms (including any dispute arising from your purchase or use of a Product) will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND GLOWFORGE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Despite the provisions of Section 6.7.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 6.7 within 30 days after the date that you agree to these Terms by sending a letter to Glowforge, Inc. Attention: Legal Department – Arbitration Opt-Out, 2200 1st Ave. South, 1st Floor, Seattle, WA 98134 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Glowforge receives your Opt-Out Notice, this Section 6.7 will be void and any action arising out of these Terms will be resolved as set forth in Section 5.4. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
Arbitrator. Any arbitration between you and Glowforge will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”). The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Glowforge. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Glowforge’s address for Notice is: Glowforge, Inc., 2200 1st Avenue South; 1st Floor; Seattle, WA 98134, USA. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Glowforge may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Glowforge must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Glowforge in settlement of the dispute prior to the award, Glowforge will pay you the highest of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
Fees. If you commence arbitration in accordance with these Terms, Glowforge will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in King County, Washington, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Glowforge for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND GLOWFORGE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Glowforge agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. If Glowforge makes any future change to this arbitration provision, other than a change to Glowforge’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Glowforge’s address for Notice of Arbitration, in which case your account with Glowforge will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.
Enforceability. If Section 6.7.7 is found to be unenforceable or if the entirety of this Section 6.7 is found to be unenforceable, then the entirety of this Section 6.7 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 6.4 will govern any action arising out of or related to these Terms.
- Dispute Resolution—European Union. If you are located in the European Union, you agree that any dispute between you and us regarding these Terms or any Order will only be dealt with by the English courts, except that (if you are a consumer and not a business user) and if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country. The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest and we are required to inform you that you may use it if there is a dispute that cannot be resolved between you and us.
- Contact Information. The Service and the Product are offered by Glowforge, Inc. located at 2200 1st Avenue South, 1st Floor; Seattle, WA 98134, USA. You may contact us by sending correspondence to that address or by emailing us at email@example.com.
- Notice Regarding Apple. This Section 6.11 only applies to the extent you are using a mobile application provided by Glowforge on an iOS device. You acknowledge that these Terms are between you and Glowforge only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement or discharge of any third party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.