GLAMPIONS TERMS OF SERVICE

Glampions, LLC) (together with our affiliates, “GLAMPIONS,” “we,” or “us”) provides an online fitness community and related products, services, content and features through Glampions website(s), such as those for our fitness studios and through mobile, desktop, or device applications (including iOS and Android applications (individually and collectively referred to hereafter as the “Apps”)) and Glampions-operated social media pages (including on Facebook, Instagram, Tik Tok, Twitter, Youtube, etc.). For ease of use, the Glampions website(s) and Apps, along with Glampions-operated social media pages are collectively called the “Glampions Service” or “the Services”. By registering as a member or by visiting, browsing, or using the Glampions Service in any way and make your residence in the US or Canada, you (as a “User”) accept and agree to be bound by these Terms of Service (“Terms”) including but not limited to the Glampions Membership Terms and the Glampions Privacy Policy, which forms a binding agreement between you and Glampions.

THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 20). READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 20 BELOW, OR WHERE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND GLAMPIONS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

If you do not wish to be bound by these Terms, you may not access or use the Glampions Service. Certain elements of the Glampions Service may be subject to additional terms and conditions specified from time to time; your use of those elements of the Glampions Service is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.

Glampions Eligibility Requirements

Membership Holder Age Requirement. You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to purchase a Glampions membership subscription and become a Membership Holder (as defined in the Membership Terms).

Member Age Requirement. You must be at least 13 years old to become a Member (as defined in the Membership Terms). If you are a parent or legal guardian of a Member under the age of 18 years old, you are subject to these Terms and responsible for that Member’s activity on the Glampions Service by allowing them to use the Glampions Service. We may, in our sole discretion, refuse to offer the Glampions Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access and use the Glampions Service is revoked where these Terms or use of the Glampions Service is prohibited or conflicts with any applicable law, rule or regulation. Further, the Glampions Service is offered only for your personal, non-commercial use, and not for the use or benefit of any third party.

2. License to Use the Glampions Service

License. Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the Glampions Service, We grant you a limited, non-transferable, non-exclusive, revocable right and license to access and use the Glampions Service for your own personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone. This license includes the right to view Content (defined below) available on the Glampions Service and the right to download copies of the application to any single device for your personal, non-commercial home use only, provided your conduct remains in alignment with all copyright and other proprietary notices. This license grant is subject to you agreeing to and abiding by the Glampions Intellectual Property and DMCA Policy, which are part and parcel to these Terms. This license will remain in effect unless and until you violate the same or this license is terminated by you or us. Restrictions. Except as expressly permitted in writing by an us, you will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the Glampions Service, nor will you take any measures to interfere with or damage the Glampions Service. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than your personal, non-commercial use of the Glampions Service, including use of any such Content on any other website or networked computer environment, is strictly prohibited. For the avoidance of doubt, all rights not expressly granted by Glampions in these Terms are hereby reserved.

3. See Privacy Statement.

4. Membership Requirements Registration

To enjoy full access to the Glampions Service, you must register as a member of the Glampions Service and enter into a subscription agreement for access to our classes, Content and features (a “Subscription”). Your Subscription is also governed by the Membership Terms. You must provide complete and accurate registration information to us, complete the Subscription process, and notify us if any of your information changes. If you fail to keep your account information up to date, we may suspend or terminate your Subscription, in our sole discretion.
Profile Information and Picture. You may not use someone else’s name, or any name, location, other public profile information or image that violates any third party rights, is against the law, or that is offensive, obscene or otherwise objectionable (as determined in Glampions’ sole discretion).
Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account; this includes furnishing your username and password to third-party developed applications to connect to your account for any reason. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the Glampions Service. If you become aware of any unauthorized access to your account, change your password and notify us immediately.

5. Membership Structure and Fees

Glampions will provide information on its then-current membership and Subscription requirements through the Glampions Service. Features and prices are subject to change.

6. Integration of HealthKit API

In order to provide certain features via the Glampions Service (i.e.: tracking calories burned, heart rate, etc.), Glampions utilizes HealthKit API to access limited personal data from its Users. Unless otherwise prohibited, all uses and/or integrations of HealthKit API within the Glampions Service shall remain governed by these Terms, including but not limited to the incorporated Glampions Privacy Policy and Glampions Membership Terms.

7. Termination; Account Deletion

Term. These Terms begin on the date you first use the Glampions Service and continue as long as you have an account with us and/or continue to use the Glampions Service.
Termination. Glampions may, in its sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content (defined below) that you submitted, for any lawful reason, including if Glampions determines that you have violated these Terms or that your conduct or User Content would tend to damage Glampions’ reputation or goodwill. Glampions may also block your access to the Glampions Service to prevent re-registration.
Effect of Termination / Account Deletion. Upon termination of these Terms, all licenses granted by Glampions will terminate. The following sections survive termination: Privacy Statement (Section 3), User Content (Section 8), Indemnification (Section 12), No Warranties (Section 15), Limitation of Liability (Section 16), Safety Warnings (Section 17), Intellectual Property (Section 18), Arbitration Requirement & Class Action Waiver (Section 20), Contracting Entities, Governing Law and Jurisdiction (Section 21), and all general provisions. In the event of account deletion for any reason, User Content may no longer be available and Glampions is not responsible for the deletion or loss of such User Content. For clarity, if you cancel your Subscription or it is terminated for any reason, you will lose access to all classes and any other Content or features provided through the Glampions Service. Notwithstanding any of the foregoing, Glampions, in its sole discretion, may make available a very limited amount of Content or features to non-subscribers from time to time, and any use of that Content is governed by these Terms.

8. User Content

“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Glampions Service; and (ii) ”User Content” means any content that users (including you) provide to be made available through the Glampions Service. Content includes, without limitation, User Content. Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Glampions Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. Notwithstanding any of the foregoing, we make no representations, warranties or guarantees with respect to any Content that you access on or through the Glampions Service. As between you and Glampions, you represent that you own (or have all rights necessary to grant Glampions the rights below to) all User Content that you submit through your access to the Glampions Service, and that we will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. Further, you grant us a worldwide, perpetual, irrevocable, non-exclusive, sublicensable, transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the Glampions Service permission to view your User Content for their personal, non-commercial purposes. In the event you make suggestions to Glampions or through the Glampions Service about improving or adding new features or products to the Glampions Service or you otherwise provide feedback or service reviews or testimonials, you hereby grant to Glampions a worldwide, perpetual, irrevocable, non-exclusive, sublicensable, transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you. You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Glampions Service. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

9. Rights and Terms for Apps

Rights in App Granted. Subject to your compliance with these Terms, Glampions grants to you a limited non-exclusive, non-transferable, revocable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not:
1. copy, modify or create derivative works based on the App;
2. distribute, transfer, sublicense, lease, lend or rent the App to any third party;
3. reverse engineer, decompile or disassemble the App; or
4. make the functionality of the App available to multiple users through any means

Furthermore, Glampions reserves all rights in and to the App not expressly granted to you under these Terms.

2. Accessing App from an App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:

These Terms are between you and Glampions, and not with the App Provider, and Glampions (not the App Provider), is solely responsible for the App.
The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if any) and, to the extent possible, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Glampions.
The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App.
In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Glampions will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
The App Provider and its affiliates are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
Notwithstanding the foregoing, You must also comply with all applicable third party terms of service when using the App.

3. You represent and warrant that:

2. 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;

3. you are not listed on any U.S. Government list of prohibited or restricted parties;

4. you are not an individual, or associated with an entity, designated under the UK’s Terrorist Asset-Freezing etc. Act 2010 (TAFA 2010); and

5. you are not otherwise subject to or affected in any way by any national security or terrorism related rules whether applicable to you personally or to your location or other circumstances.

10. General Prohibitions and Glampions’ Enforcement Rights

You agree not to do any of the following:

Post, upload, publish, submit or transmit any User Content or engage in any activity that:
1. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
2. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
3. is fraudulent, false, misleading or deceptive;
4. is defamatory, obscene, pornographic, vulgar or offensive;
5. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
6. is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity;
7. exploits minors or
8. promotes illegal or harmful activities or substances;

2. Intentionally Omitted.

3. Use, display, mirror or frame the Glampions Service or any individual element within the Glampions Service, Glampions’ name, any Glampions trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Glampions’ express written consent;

4. Access, tamper with, or use non-public areas of the Glampions Service, Glampions’ computer systems, or the technical delivery systems of Glampions’ service providers;

5. Attempt to probe, scan or test the vulnerability of any Glampions system or network or breach any security or authentication measures;

6. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Glampions or any of Glampions’ service providers or any other third party (including another user) to protect the Glampions Service or Content;

7. Bypass any territorial restrictions, including IP address-based restrictions, that may be applied to the Glampions Service;

8. Attempt to access, scrape or search the Glampions Service or Content or download Content from the Glampions Service, including through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), other than the software provided by Glampions or other generally available third-party web browsers;

9. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

10.Use any meta tags or other hidden text or metadata utilizing a Glampions trademark, logo URL or product name without Glampions’ express written consent;

11. Use the Glampions Service or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or permitted expressly in writing by Glampions;

12. Forge or use the Glampions Service/Content to send altered, deceptive or false source-identifying information;

13. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Glampions Service or Conten

14. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming the Glampions Service;

15. Collect or store any personally identifiable information from the Glampions Service from other users of the Glampions Service without their express permission;

16. Copy, use, index, disclose or distribute any information or data obtained from the Glampions Service, whether directly or through third parties (such as search engines), without Glampions’ express written consent;

17. Alter, replicate, store, distribute or create derivatives from the Content available via the Glampions Service except as expressly permitted in writing by Glampions;

18. Impersonate or misrepresent your affiliation with any person or entity;

19. Access, use or exploit the Glampions Service in any manner (other than as expressly permitted by these Terms), including to build, develop (or commission the development of), replicate, or consult upon any product or service that may compete (directly or indirectly) with Glampions or the Glampions Service;

20. Violate any applicable law or regulation; or

21. Encourage or enable any other individual to do any of the foregoing.

PLEASE BE FURTHER ADVISED THAT although we’re not obligated to monitor access to or use of the Glampions Service or Content or to review or edit any User Content, we have the right to do so for the purpose of operating the Glampions Service, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the Glampions Service. We reserve the right, but are not obligated, to remove or disable access to any User Content, at any time and without notice, including, but not limited to, if we, in our sole discretion, consider any User Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Glampions Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

11. Member Interactions, Dealings with Third Parties

If and when interacting with other Glampions members, you should exercise caution and common sense to protect your personal safety, data and information (as applicable), just as you would when interacting with other people you may not know. Your participation, correspondence or personal or business dealings with any third party found on or through the Glampions Service are solely between you and such third party. You agree that Glampions is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings.

12. Indemnification

You agree to indemnify, defend, and hold harmless Glampions and its directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to

your activities on the Glampions Service,
any User Content submitted by or on behalf of you or
your violation of these Terms.

13. Third Party Software and Applications

Downloading and/or installing any third party software and/or applications that are not expressly authorized by Glampions is done at your own risk and may void any applicable warranty, representation or support commitments by Glampions.

14. Third Party Links and Content

There may be links on the Glampions Service that prompt you to leave the Glampions Service you are accessing in order to access a linked website that is operated by a third party. Glampions neither controls nor endorses these websites, nor has Glampions reviewed or approved the content that appears on them. Glampions is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third party websites. You acknowledge and agree that Glampions is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or services available on or through these third party websites.

15. No Warranties

Glampions reserves the right to modify the Glampions Service, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the Glampions Service, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Glampions Service. Glampions has no obligation to screen or monitor any Content and does not guarantee that any Content available on the Glampions Service is suitable for all users or that it will continue to be available for any length of time. Glampions provides the Glampions Service on an “AS IS” and “AS AVAILABLE” basis. You therefore use the Glampions Service at your own risk. Other than as expressly provided in writing by Glampions in connection with your purchase of a Glampions product (including but not limited to the Apps), to the extent permitted by law, Glampions expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to non-infringement, quiet enjoyment and any other warranty that might arise under any law. Without limiting the foregoing, Glampions makes no representations or warranties:

That the Glampions Service is or will be permitted in your jurisdiction;
That the Glampions Service will be uninterrupted or error-free;
Concerning any Content, including User Content;
Concerning any third party’s use of User Content that you submit;
That the Glampions Service will meet your personal or professional needs and/or goals;
That Glampions will continue to support any particular feature of the Glampions Service; or
Concerning websites and resources outside of the Glampions Service, even if linked to from the Glampions Service.

To the extent that another party may have access to or view Content on your device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE GLAMPIONS SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.

16. Limitation of Liability

To the fullest extent permitted by law:

Glampions shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, inability to use the Glampions Service or Content or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose; and
Glampions’ total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to Glampions over the 12 months preceding the date your first claim(s) arose.

In the event you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation will not apply to you. To the extent that one or any aspect of Glampions’ limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Glampions and you.

17. Safety Warnings

THE GLAMPIONS SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING ANY NEW FITNESS PROGRAM INCLUDING OURS. NO INFORMATION CONTAINED IN THESE TERMS SHALL BE RELIED ON AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL. YOU SHOULD NEVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE GLAMPIONS SITE OR THROUGH THE GLAMPIONS SERVICE (INCLUDING THE APPS). THE USE OF INFORMATION PROVIDED THROUGH THE GLAMPIONS SERVICE IS SOLELY AND EXPRESSLY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE. NOTHING STATED OR POSTED ON THE GLAMPIONS SITE OR AVAILABLE THROUGH THE GLAMPIONS SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY,

PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE GLAMPIONS SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULLEST EXTENT PERMITTED BY LAW, GLAMPIONS MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. AS SUCH, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE GLAMPIONS SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS THEN WITHIN OUR POSSESSION WITH RESPECT TO THE PARTICULAR MATERIAL.

In becoming a user of Glampions with the intent of using the Glampions Service, you affirm that either:

(A) all of the following statements are true:

no physician or general practitioner has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner;
you have never felt chest pain when engaging in physical activity;
you have not experienced chest pain when not engaged in physical activity at any time within the past month;
you have never lost your balance because of dizziness and you have never lost consciousness;
you do not have a bone or joint problem that could be made worse by a change in your physical activity;
your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition;
you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and
you do not know of any other reason you should not exercise; or;

(B) your physician or general practitioner has been specifically consulted by you and approved of your use of the Glampions Service.

If applicable, you further affirm that

you are not pregnant, breastfeeding or lactating; unless
your physician or general practitioner has been specifically consulted and approved your use of the Glampions Service.

Notwithstanding any of the foregoing, Glampions reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.

18. Intellectual Property Acknowledgment

You acknowledge and agree that your use of the Glampions Services and any Content contained therein is dependent upon you agreeing to and abiding by the Glampions Intellectual Property and DMCA Policy at all times. You further acknowledge that the Glampions Service contains software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Glampions-generated content, and content provided to Glampions by its partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws and all applicable international copyright (or equivalent) laws in all jurisdictions and protected under other intellectual property laws worldwide; further, as between you and Glampions, Glampions maintains intellectual property rights in and to the selection, coordination, arrangement and enhancement of all content in the Glampions Service.

19. Intellectual Property Usage and Reporting Infringement

Glampions respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third party’s right or other intellectual property rights. If you believe that the Glampions Service or any Content contains elements that infringe or misappropriate your copyrights or other intellectual property rights (or the intellectual property rights of others), please go to the Glampions Intellectual Property and DMCA Policy for directions on how to report it to us.

20. ARBITRATION REQUIREMENT & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS MAY AFFECT YOUR LEGAL RIGHTS. APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW.

Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Glampions agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms and that you and Glampions are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
Exceptions and Opt-out. As limited exceptions to Section 20(1) above:
1. you may seek to resolve a Dispute in small claims court if it qualifies; and
2. we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights.
3. Intentionally Omitted.
Initial Dispute Resolution and Notification. You agree that before initiating any Dispute or arbitration proceeding, we will attempt to negotiate an informal resolution of any dispute. To begin this process, before initiating any arbitration proceeding, you must send a Notice of Dispute (“Notice”) by certified mail to the attention of Glampions’ Legal Department at the Glampions address set out in Section 24 below. In the Notice, you must describe the nature and basis of the Dispute and the relief you are seeking. If we are unable to resolve the Dispute within 90 days after Glampions’ receipt of the Notice, then you or Glampions may initiate arbitration proceedings as set out below.
Conducting Arbitration and Arbitration Rules. Any arbitration will be conducted by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) then in effect, except as modified by these Terms. The JAMS Rules are available at www.jamsadr.com or by calling 1-800-352-5267. A party who wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules. JAMS provides a form Demand for Arbitration at www.jamsadr.com. JAMS will appoint an arbitrator that is either
1. a retired federal or state court judge, or
2. an attorney who has been licensed to practice law in the state of New York for at least 10 years. The arbitration will be conducted by an in-person hearing, unless we both agree otherwise.
If JAMS fails or declines to conduct the arbitration for any reason, we will mutually select a different arbitration administrator. If we cannot agree, a court will appoint a different arbitration administrator. Any arbitration hearings will take place in Fulton County, Georgia, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. During the arbitration, both you and Glampions may take one deposition of the opposing party, limited to 4 hours. If we cannot agree on a time and location for a deposition, the arbitrator will resolve any scheduling disputes.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.
Class Action Waiver. YOU AND GLAMPIONS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, neither JAMS nor the arbitrator may consolidate another person’s claims with your claims or otherwise preside over any form of a representative or class proceeding for any purpose. If this specific provision is found to be unenforceable, then the entirety of this Section 20 shall be null and void.
Intentionally Omitted.
Severability. With the exception of any of the provisions in Section 20(6) above, if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

21. Contracting Entities, Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of Georgia, United States of America, without regard to principles of conflicts of law. Neither the Uniform Commercial Code nor the Uniform Computer Information Transaction Act shall not apply.

Subject to the agreements in Section 20 above,

Exclusive jurisdiction for all Disputes that are not required to be arbitrated will be the state and federal courts located in Atlanta, Georgia, United States of America, and you consent to the jurisdiction of those courts, and
Intentionally Omitted.

22. Interpretation; Severability; Waiver; Remedies

Headings are for convenience only and shall not be used to construe these Terms. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms. No failure or delay by Glampions in exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized Glampions representative. Glampions’ rights and remedies hereunder are cumulative and not exclusive.

23. Successors; Assignment; No Third Party Beneficiaries

These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms without Glampions’ prior written consent. Glampions may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you.

24. Notices

You consent to receive all communications including notices, agreements, disclosures, or other information from Glampions electronically. Glampions may communicate by email or by posting to the Glampions Service. For support-related inquiries, you may contact Support. For all other notices to Glampions, write to the following addresses:

U.S. Residents:

Glampions, LLC

c/o Reynolds Law Group, LLC

3390 Peachtree Road NE

Suite 1100

Atlanta, Georgia 30326

Attn: Legal Department

Nothing in these Terms or otherwise limits Glampions’ right to object to subpoenas, claims, or other demands.

25. Modification

We may update these Terms at any time, in our sole discretion. If we do so, we’ll let you know by, at a minimum, posting the updated Terms on the Glampions website and/or through the Glampions Service (including the Apps). Modifications will be effective on the date that they are posted to the Glampions website (including the Apps). It’s important that you review the Terms whenever we update them before you use the Glampions Service. If you continue to use the Glampions Service after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, you may not use the Glampions Service anymore. Because the Glampions Service is evolving over time we may change or discontinue all or any part of the Glampions Service, at any time and without notice, at our sole discretion.

26. Entire Agreement

These Terms incorporate the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the Glampions website (including the Apps) from time to time:

Membership Terms
Intellectual Property and DMCA Policy (if any)
Privacy Policy

In the event of a conflict between any policies posted on the Glampions Service and these Terms, these Terms will control. These Terms represent the entire understanding between Glampions and you regarding the Glampions Service or Content and supersede all prior agreements and understandings regarding the same. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

27. Force Majeure

Neither Party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable to Glampions in accordance with these terms and in connection with the Glampions Service) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-performing Party through the use of alternate sources, workaround plans, disaster recovery, any business continuity measures (as applicable) or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.

UPDATED AS OF JANUARY 18, 2023

GLAMPIONS TERMS OF SERVICE

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