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Glowforge Terms of Purchase and Service
Last Updated: December 4, 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)
1. SECTION 1 - DEFINITIONS. The following definitions apply throughout these
Terms:
1. “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.
2. “Content” means designs, messages, specifications, reviews, photos,
video, images, data, text, and other types of works.
3. “Feedback” means input and suggestions made to Glowforge regarding any
matter, including any aspect of a Product or the Service.
4. “Glowforge Content” means Content owned by Glowforge or licensed by
Glowforge from a third party under license terms other than these Terms.
5. “Prints” means a physical object that incorporates some or all of the
Content
6. “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.
7. “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.
2. SECTION 2 - OVERVIEW
1. 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.
2. Eligibility.
1. 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.
2. 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.
3. 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.
3. 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.
4. User Accounts. Each user must have their own account, must have no more
than one 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.
5. 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.
6. Privacy Policy. Please read the Glowforge Privacy Policy posted at
https://glowforge.com/privacy-policy/ carefully for information relating
to our collection, use, storage and disclosure of your personal
information.
3. SECTION 3 - TERMS APPLICABLE TO THE SERVICE
1. Licenses.
1. 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 .
2. 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.
3. 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.
4. 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.
5. 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.
2. Your Content.
1. 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.
2. 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.
3. 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.
4. 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).
5. 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.
3. 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.
4. Monitoring Content. Glowforge does not control and does not have any
obligation to monitor Content made available by third parties, including
Community Content, or the use of the Service by its users. You
acknowledge and agree that Glowforge reserves the right to, and may from
time to time, monitor any and all information transmitted or received
through the Service for operational and other purposes. If at any time
Glowforge chooses to monitor Content, Glowforge still assumes no
responsibility or liability for Content or any loss or damage incurred as
a result of the use of Content. During monitoring, information may be
examined, recorded, copied, and used in accordance with our Privacy
Policy. Without limiting any other rights or remedies under these Terms,
Glowforge may suspend or terminate access to any Content if Glowforge no
longer has the rights to such Content or believes such Content could
become the subject of an infringement claim. No refunds will be issued
for such suspension or termination.
5. Digital Millennium Copyright Act.
1. 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)
1938 Occidental Avenue South
Suite C
Seattle, WA, 98134, USA
Email: copyright@glowforge.com
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.
2. 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.
6. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
1. Use the Service for any illegal purpose or in violation of any local,
state, national, or international law;
2. 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;
3. 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;
4. Violate, or encourage others to violate, any right of a third party,
including by infringing or misappropriating any third party
intellectual property right;
5. 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;
6. 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;
7. 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;
8. 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;
9. 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;
10. Use an account to access the Product without express permission from
the owner of that Product;
11. 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
12. 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.
7. Third Party Terms.
1. 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.
2. 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.
3. 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.
3.7.3.1 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.
8. 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. 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.
9. 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.
4. SECTION 4 - PURCHASES
1. 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.
2. 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 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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, 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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. 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.
21. 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 US
22. 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.
23. 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.
24. Support. You may request support for the Service, including any problems
with the Product, by contacting us. Glowforge is under no obligation to
provide specific levels of support, or to meet specific response or
resolution times.
5. SECTION 5 - Warranties and Disclaimers; Warranty Returns; LIMITATION OF
LIABILITY
1. 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.
2. 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.
3. Warranty Returns. Please see warranty return information at
https://glowforge.com/warranty.
4. 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.
5. 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.
6. 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.
7. 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.
8. Limited Disclaimer. HOWEVER, GLOWFORGE DOES NOT DISCLAIM ANY WARRANTY OR
OTHER RIGHT THAT GLOWFORGE IS PROHIBITED FROM DISCLAIMING UNDER
APPLICABLE LAW.
9. 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.
1. 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.
2. 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.
10. LIMITATION OF LIABILITY - EUROPEAN UNION.
1. 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.
6. SECTION 6 - GENERAL
1. 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.
2. 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.
3. 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.
4. 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.
5. General. These Terms and any other agreements expressly incorporated by
reference into these Terms, are the entire and exclusive understanding
and agreement between you and Glowforge regarding your purchase of the
Product and use of the Service. We are required by law to advise you
that contracts may be concluded in the English language only and that no
public filing requirements apply. Except as expressly permitted in these
Terms, these Terms may be amended only by a written agreement signed by
authorized representatives of all parties to these Terms. You may not
assign or transfer these Terms or your rights under these Terms, in
whole or in part, by operation of law or otherwise, without our prior
written consent. We may assign these Terms at any time without notice or
consent. The failure to require performance of any provision will not
affect our right to require performance at any other time after that,
nor will a waiver by us of any breach or default of these Terms, or any
provision of these Terms, be a waiver of any subsequent breach or
default or a waiver of the provision itself. Use of section headers in
these Terms is for convenience only and will not have any impact on the
interpretation of any provision. Throughout these Terms the use of the
word “including” means “including but not limited to.” If any part of
these Terms is held to be invalid or unenforceable, the unenforceable
part will be given effect to the greatest extent possible, and the
remaining parts will remain in full force and effect. Upon termination
of these Terms, Sections 3.1.3, 3.8, 5, and 6, along with the Privacy
Policy, and any other accompanying agreements, will survive.
6. 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.
7. 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.
1. 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.
2. 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.
3. 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, 1938 Occidental Avenue South, Suite C, 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.
4. 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.
5. 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., 1938 Occidental
Avenue South; Suite C; 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.
6. 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.
7. 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.
8. 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.
9. 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.
8. 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.
9. Notice; Consent to Electronic Communications. Unless you are located in
the European Union, by using the Service, you consent to receiving
certain electronic communications from us as further described in our
Privacy Policy. Please read our Privacy Policy to learn more about our
electronic communications practices. You agree that any notices,
agreements, disclosures, or other communications that we send to you
electronically will satisfy any legal communication requirements,
including that those communications be in writing. If you are located in
the European Union, we may give notice to you at either the email or
postal address you provide to us when placing an Order. All notices
given by you to us must be given in writing to the address set out
below.
10. Contact Information. The Service and the Product are offered by
Glowforge, Inc. located at 1938 Occidental Avenue South, Suite C;
Seattle, WA 98134, USA. You may contact us by sending correspondence to
that address or by contacting us.
11. 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.
12. 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.
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