GO-GLASS PARTNERS PROGRAM TERMS AND CONDITIONS
IMPORTANT! These Go-Glass Partners Program Terms and Conditions (“Program Terms” or “Terms”) govern the Go-Glass Partners Program (the “Program”) and Your participation in the Program. These Program Terms constitute a binding agreement between You and Go-Glass Joy LLC (“Go-Glass”, “we”, “us”). PLEASE READ THESE PROGRAM TERMS BEFORE PARTICIPATING IN THE PROGRAM, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS AND INCLUDE A BINDING CONFIDENTIAL ARBITRATION CLAUSE, A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, AND A WAIVER OF YOUR RIGHT TO A JURY TRIAL. BY ENROLLING OR PARTICIPATING IN THE PROGRAM, YOU ACCEPT AND AGREE TO BE BOUND BY THESE PROGRAM TERMS. If You do not agree to these Program Terms, then You should not enroll or otherwise participate in the Program.
1. Definitions
For the purposes of these Terms, the following definitions apply:
“Cash Back Benefit” refers to the Benefit described in paragraph 7(C) of these Program Terms and provides a percentage of the total annual spending that is eligible to be reimbursed to Premium and Executive Tier Partners.
“Go-Glass” refers to Go-Glass Joy LLC
“Membership Tier” refers to one of the four Partner tiers within the Program, as detailed more specifically in these Program Terms:
- Essential Tier Partner: A Program tier that does not require any minimum spending per year.
- Premium Tier Partner: A Program tier that requires a minimum annual spending of $25,000 on a Program Account pursuant to section 7 of these Program Terms and the eligibility requirements of the Program.
- Executive Tier Partner: A Program tier that requires a minimum annual spending of $70,000 on a Program Account pursuant to section 7 of these Program Terms and the eligibility requirements of the Program.
- Legacy Tier Partner: A Program tier that requires a minimum annual spending of $200,000 on a Program Account pursuant to section 7 of these Program Terms and the edibility requirements of the Program.
“Partner” refers to the business person or entity that registered for and has been accepted, in the sole discretion of Go-Glass, in the Program. Partner is used in the colloquial sense and nothing herein creates a fiduciary, joint venture, partnership, employment or other agency relationship between Go-Glass and You. The term does not include any affiliates, subsidiaries, or related entities of the Partner or any directors, officers, managers, members, partners, employees and agents in their personal capacity.
“Perk” or “Benefit” refers to any advantage, discount, or incentive offered to a Partner through the Program as described herein.
“Program” refers to the Go-Glass Partners Program offered by Go-Glass. The Program is offered to businesses and individuals operating businesses. This Program is not offered to consumers or for the benefit of personal, household, family, or agricultural purposes.
“Program Account” shall refer to the account in the name of the Partner that is created by the Partner and maintained by Go-Glass pursuant to which Membership Tier information, along with Benefits and Perks information, is maintained.
“You” or “Your” refers to the person or entity that registered for the Program.
2. Privacy and Additional Terms
Go-Glass’s collection, use, and sharing of Your information is governed by our Privacy Policy, which is incorporated by reference into these Program Terms. In addition, Your use of our Partner Portal Tools available on the Go-Glass website, www.mrgoglass.com/customer-portal/ is subject to applicable Terms of Use referenced therein. To the extent of any conflict between the Privacy Policy and these Program Terms or the Terms of Use and these Program Terms, these Program Terms will prevail.
3. Modification
We reserve the right to modify and/or restrict the Program, the Program Benefits or Perks, or any portion thereof, and/or these Program Terms at any time in our sole discretion with or without notice to You; provided that we will provide notice of any modifications to these Program Terms by posting the modified version at www.mrgoglass.com/customer-portal/ (or any other URL Go-Glass may designate from time to time), together with a revised “Last Updated” date. In addition, we may elect to send a mail or email communication notifying Program members of the modifications, but we are not obligated to do so and You hereby waive any right You may have to receive such notice. You should check the URL(s) above periodically to see if any recent changes to the Program Terms have occurred. By participating in the Program, including redeeming or using any Program Benefits or Perks, after we post any such changes, You agree to the Program Terms as modified.
4. Eligibility
To be eligible for the Program, You must: (i) be an individual at least 18 years of age; (ii) a resident of one of the fifty (50) United States or the District of Columbia; and (iii) provide all required information set forth in the application. Except as otherwise provided in these Program Terms, business entities are eligible to participate in the Program, provided an authorized employee completes the application. Go-Glass may exclude its employees from participating in the Program. By enrolling in the Program, You are certifying that You meet all eligibility criteria. In addition, if You are enrolling on behalf of a business entity, You are certifying that You are authorized to bind, and do hereby bind, the business entity to these Program Terms. Go-Glass reserves the right to deny eligibility for the Program or its associated Benefits and Perks in its sole discretion. Eligibility and continued participation in the Program are intended for customers who demonstrate repeat business. Partners who meet spending thresholds through a one-time job without establishing ongoing business relationships may not qualify for Program Benefits or Perks. Go-Glass reserves the right, in its sole and absolute discretion, to deny anyone from participating in the Program.
5. Enrollment
There is no charge to enroll and participate in the Program. You can enroll in the Program by creating a Program Account: (i) in store, by completing an application; or (ii) by completing an application online at www.mrgoglass.com/. All required information must be provided, including full name, business name (if applicable), valid mailing address, and phone number. Additional required information may be identified during the enrollment process. Each Program member is limited to a single Program Account, and Go-Glass may elect to terminate duplicate Program Accounts. Only Program members with a Program Account in good standing can participate in the Program. Go-Glass reserves the right, in its sole and absolute discretion, to terminate any Program Account for fraud, misuse of the Program, or a Partners’ bankruptcy or insolvency, and any unredeemed Benefits or Perks, including Cash Back Benefits, shall be automatically forfeited with no rights to the forfeited Benefits or Perks or of redress or action against Go-Glass for the same.
6. Program Account
You are responsible for all transactions using Your Program Account and agree to notify us immediately if You become aware of any unauthorized activity related to Your Program Account. With respect to purchases, You are responsible to provide Your Program Account information at the time of purchase. A failure to provide Your Program Account information shall result in the purchase not being reflected in Your annual spending totals as described in section 7 of these Program Terms. Go-Glass is not responsible or liable for any failure to provide Program Account information at the time of purchase.
Proof of Program membership may be required to take advantage of Program Benefits and Perks. PLEASE KEEP YOUR PROGRAM ACCOUNT INFORMATION, INCLUDING MAILING ADDRESS AND CONTACT INFORMATION, CURRENT AND COMPLETE TO ENSURE YOU RECEIVE PROGRAM BENEFITS AND PERKS. GO-GLASS IS NOT LIABLE FOR ANY PROGRAM BENEFITS OR PERKS YOU MAY MISS DUE TO INCOMPLETE OR INCORRECT PROGRAM ACCOUNT INFORMATION.
Go-Glass is not responsible for any disputes You may have with any authorized or unauthorized users on Your Program Account. NEITHER GO-GLASS NOR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS MAKE ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR INTENDED USE OR A PARTICULAR PURPOSE AND OTHERWISE ARISING BY LAW, CUSTOM, USAGE, TRADE PRACTICE, COURSE OF DEALING, OR COURSE OF PERFORMANCE RELATED TO YOUR PROGRAM ACCOUNT OR ANY PERKS OR BENEFITS HEREUNDER. You release Go-Glass, along with its affiliates, directors, officers, employees, agents, and contractors, for all activity in connection with the Program, including but not limited to, use of the Program and any redemption of any Benefits or Perks, including Cash Back Benefits, through the Program. You agree to indemnify and hold Go-Glass, along with its affiliates, directors, officers, employees, agents, and contractors, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) arising from Your or an authorized user’s use of the Program, any fraud or misuse of the Program, violation of these Program Terms, and/or violation of any applicable law or the rights of any third party.
7. Membership Benefits and Perks for Membership Tiers
A. Membership Tiers: Membership Tiers are based on the annual spending of a Partner with Go-Glass of qualifying purchases in a calendar year, which shall commence on the first day of January in each year, regardless of when a Partner becomes enrolled, and for purposes of calculating annual spending and qualifying purchases, include available services, but exclude: (i) taxes; (ii) gift cards; (iii) charitable donations; (iv) service fees; (v) any merchandise or service that Go-Glass, in its sole discretion, elects to exclude from time to time; (vi) shipping charges; (vii) payments on accounts, finance and interest charges, and late fees; and (viii) any purchase required to be excluded by applicable law. Annual spending totals shall be adjusted to reflect any returns, cancellations, refunds, chargebacks, voided transactions, or credits toward qualifying purchases (hereinafter “Qualifying Purchases”). A Partner’s Membership Tier shall be adjusted year over year (on the first day of the year) based upon the prior year’s total Qualifying Purchases.
B. Effective Date of Benefits for Membership Tiers: All Benefits and Perks, including Cash Back Benefits, earned for a specific Membership Tier will take effect starting January 1 of the following calendar year and remain active for that year only (“Benefit Year”), with Benefits and Perks expiring or terminating on the last day of the year (unless sooner terminated pursuant to these Program Terms). Partners may opt out of any Perk or Benefit by providing written notice to Go-Glass via email to: [email protected].
C. Cash Back Benefit for Premium and Executive Tier Partners:
- Subject to all Program Terms, including paragraph 7(C)(iii) below, Premium Tier Partners will be entitled to a 2% cash back on their total annual spending on Qualifying Purchases, which shall not exceed 2% cash back on Qualifying Purchases totaling $69,999.99.
- Subject to all Program Terms, including paragraph 7(C)(iii) below, Executive Tier Partners will be entitled to a 3% cash back on their total annual spending on Qualifying Purchases, which shall not exceed 3% cash back on Qualifying Purchases totaling $199,999.99.
- Cash Back Benefits shall be calculated based upon the total of the Partner’s Qualifying Purchases made during the previous calendar year. Cash Back Benefits shall be payable to the Partner only upon receipt of all requisite tax information from the Partner. Cash Back Benefits shall be paid to the Partner within the first quarter of the year by check mailed to the address reflected in the Program Account. The Partner is responsible for updating address and tax information on its Program Account, and Go-Glass is not responsible for any losses associated with the Partner’s failure to do so. The Partner is responsible for all taxes associated with Cash Back Benefits. If Go-Glass has extended the Partner a line of credit or if the Partner is indebted to Go-Glass for any reason, Go-Glass shall have the exclusive and sole discretion to apply the Cash Back Benefits or any portion thereof to the line of credit or indebtedness first, with any remaining balance being payable to the Partner. If a Partner fails to redeem any Cash Back Benefits check mailed to the Partner’s address within ninety (90) days, fails to maintain a current address or tax information on its Program Account, or otherwise is engaged in any fraud or misuse of the Program Account, the Cash Back Benefits shall be forfeited with no right to the forfeited Benefit or of redress or action against Go-Glass. Go-Glass is not liable for any unauthorized negotiation of Cash Back Benefits checks payable to a Partner.
D. Discounted Contractor Pricing for all Membership Tier Partners: Subject to these Program Terms, all Membership Tier Partners shall receive 20% discount pricing on all Qualifying Purchases. This discount cannot be used in conjunction with other promotions, discounts, sales, or offers on any Qualifying Purchases; Partner shall be entitled to the greater value of the discounts, promotions, or offers available at the time of purchase.
E. Extended Warranty for Premium and Executive Tier Partners: Premier and Executive Tier Partners will be entitled to a two-year (2) year extended warranty (“Extended Warranty”) on any qualifying installation services (which may exclude installation services that Go-Glass, in its sole discretion, elects to exclude from time to time) (“Installation Services”), commencing upon substantial completion of the applicable Installation Services. This Extended Warranty does not include any goods or materials purchased from Go-Glass, which shall be subject to any warranty offered at the time of sale of such goods or materials, or goods or materials manufactured by third parties, for which the Partner is entitled to the warranty provided by the applicable manufacturers or providers. The Extended Warranty hereunder excludes glass breakage or damage during installation (if installation or repair is not performed by Go-Glass) or after installation. The Extended Warranty is contingent upon: (i) Installation Services being used and/or maintained by Partner in accordance with Go-Glass’s applicable instructions/manuals and/or industry standards; (ii) Installation Services not being modified from their original condition; (iii) Partner providing prompt written notice to Go-Glass before the end of the warranty period specifying all alleged defects in the Installation Services; and (iv) Partner preserving and permitting reasonable inspection by Go-Glass of all allegedly defective Installation Services.
This Extended Warranty shall not cover any defects of Installation Services (if applicable) caused in whole or part by: (i) corrosion, abrasion, use of components, parts, chemicals, or other goods not supplied by Go-Glass, or negligent use or faulty operation of the Installation Services or goods or materials installed by Go-Glass; (ii) ordinary wear and tear; (iii) errors on the part of Partner failing to provide adequate protections against influences within or outside the premises that may affect the Installation Services or their operation or the goods or materials installed by Go-Glass; (iv) failure to maintain the temperature or humidity requirements set forth in any instructions or manuals; or (v) failure of points of attachment of any goods or materials installed by Go-Glass. If these conditions are not met, Go-Glass specifically excludes any Extended Warranty of the Installation Services supplied by Go-Glass. In addition, this Extended Warranty does not cover the replacement of Installation Services or goods or materials installed by Go-Glass damaged in whole or part due to any misuse, accident, abuse, alteration, Acts of God, negligence, improper installation (if not installed by Go-Glass) by Partner or its other contractors. This Extended Warranty is void if Partner has not made full payment for the Installation Services. THIS EXTENDED WARRANTY OF INSTALLATION SERVICES IS THE ONLY WARRANTY MADE BY GO-GLASS AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND GO-GLASS DISCLAIMS ON BEHALF OF ITSELF, ITS VENDORS, AND SUPPLIERS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE (OTHER THAN THE PURPOSE STATED IN THE CUSTOMER’S SPECIFICATIONS SET FORTH IN THE APPLICABLE AGREEMENT FOR INSTALLATION SERVICES), SUITABILITY, OR PERFORMANCE. Go-Glass’s obligation under this Express Warranty is strictly and exclusively limited to furnishing repairs or replacements for the Installation Services that are determined in the sole discretion of Go-Glass to be defective. Go-Glass assumes no responsibility and shall have no liability for any repairs or replacements by Partner without Go-Glass’s prior written authorization.
F. Custom Extended Warranty for Legacy Tier Partners: Legacy Tier Partners will be entitled to a customized extended warranty (“Customized Extended Warranty”) on any qualifying installation services that will be negotiated at the time of purchase of the same (and which may exclude installation services that Go-Glass, in its sole discretion, elects to exclude from time to time) (“Installation Services”). Any Customized Extended Warranty shall commence upon substantial completion of the applicable Installation Services unless otherwise agreed to by Go-Glass. This Customized Extended Warranty does not include any goods or materials purchased from Go-Glass, which shall be subject to any warranty offered at the time of sale of such goods or materials, or goods or materials manufactured by third parties, for which the Partner is entitled to the warranty provided by the applicable manufacturers or providers. The Customized Extended Warranty hereunder excludes glass breakage or damage during installation (if installation or repair is not performed by Go-Glass) or after installation. The Customized Extended Warranty is contingent upon: (i) Installation Services being used and/or maintained by Partner in accordance with Go-Glass’s applicable instructions/manuals and/or industry standards; (ii) Installation Services not being modified from their original condition; (iii) Partner providing prompt written notice to Go-Glass before the end of the warranty period specifying all alleged defects in the Installation Services; and (iv) Partner preserving and permitting reasonable inspection by Go-Glass of all allegedly defective Installation Services.
This Customized Extended Warranty shall not cover any defects of Installation Services (if applicable) caused in whole or part by: (i) corrosion, abrasion, use of components, parts, chemicals, or other goods not supplied by Go-Glass, or negligent use or faulty operation of the Installation Services or goods or materials installed by Go-Glass; (ii) ordinary wear and tear; (iii) errors on the part of Partner failing to provide adequate protections against influences within or outside the premises that may affect the Installation Services or their operation or the goods or materials installed by Go-Glass; (iv) failure to maintain the temperature or humidity requirements set forth in any instructions or manuals; or (v) failure of points of attachment of any goods or materials installed by Go-Glass. If these conditions are not met, Go-Glass specifically excludes any Customized Extended Warranty of the Installation Services supplied by Go-Glass. In addition, this Customized Extended Warranty does not cover the replacement of Installation Services or goods or materials installed by Go-Glass damaged in whole or part due to any misuse, accident, abuse, alteration, Acts of God, negligence, improper installation (if not installed by Go-Glass) by Partner or its other contractors. This Customized Extended Warranty is void if Partner has not made full payment for the Installation Services. THIS EXTENDED WARRANTY OF INSTALLATION SERVICES IS THE ONLY WARRANTY MADE BY GO-GLASS AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND GO-GLASS DISCLAIMS ON BEHALF OF ITSELF, ITS VENDORS, AND SUPPLIERS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE (OTHER THAN THE PURPOSE STATED IN THE CUSTOMER’S SPECIFICATIONS SET FORTH IN THE APPLICABLE AGREEMENT FOR INSTALLATION SERVICES), SUITABILITY, OR PERFORMANCE. Go-Glass’s obligation under this Customized Express Warranty is strictly and exclusively limited to furnishing repairs or replacements for the Installation Services that are determined in the sole discretion of Go-Glass to be defective. Go-Glass assumes no responsibility and shall have no liability for any repairs or replacements by Partner without Go-Glass’s prior written authorization.
G. Guaranteed Preferred Service for Premium, Executive and Legacy Tier Partners: Premium, Executive and Legacy Tier Partners will receive priority service, facilitated through a direct line of communication to their assigned Program Account manager, the identity of whom will be provided to the Partner. Subject to availability and the Program Account manager’s sole discretion, preferred services may include priority in installation scheduling, priority delivery, and other services as determined by Go-Glass from time to time. Legacy Tier Partners will qualify for select services to be made available on weekends, including deliveries and Installation Services, subject to availability of applicable and necessary resources and labor as determined in the sole discretion of the Program Account manager.
H. Display in Showrooms for Executive and Legacy Tier Partners: Executive and Legacy Tier Partners will have their business logo and/or name featured on a rotating display in Go-Glass showrooms. The content, timing, and schedule of these displays will be determined in the sole and absolute discretion of Go-Glass. Go-Glass maintains exclusive and creative control over such displays. In connection with the same, You grant Go-Glass a non-exclusive license and right to use Your trademarks, domain names, designs, trade dress, business names, corporate names, service marks, tradenames, logos, and slogans (together, “Trademarks”) for use in the display.
I. Social Media Recognition for Premium, Executive and Legacy Tier Partners: Premium, Executive and Legacy Tier Partners will be recognized in a social media post on Go-Glass platforms at least once per calendar year. The content, timing, and schedule of these posts will be determined in the sole and absolute discretion of Go-Glass. In connection with the same, You grant Go-Glass a non-exclusive license and right to use Your Trademarks for use in the social media posts.
J. Recognition in Go-Glass Advertising on Billboards, Signage, Advertisements, and/or Broadcasts for Executive and Legacy Tier Partners: Executive and Legacy Tier Partners will receive a mention in a Go-Glass advertisement(s) on billboards, signage, other advertisements, and/or broadcasts for fourteen (14) days, which may not be consecutively run. The content, timing, and schedule of any advertising mentions will be determined in the sole and absolute discretion of Go-Glass. In connection with the same, You grant Go-Glass a non-exclusive license and right to use Your Trademarks for use in the advertising
K. Customized Pricing on Select Merchandise for Legacy Partners: In recognition of the economies of scale, costs savings and efficiencies realized by higher volume purchases of select Qualifying Purchases by Legacy Tier Partners, Go-Glass will negotiate customized pricing for select Qualifying Purchases (“Customized Pricing”). Where negotiations do not occur or do not result in agreement, Customized Pricing will be established by Go-Glass, in its sole discretion, by the Effective Date of Benefits (first day of the Benefit Year) pursuant to paragraph 7(B). Thereafter, any new or change to the Customized Pricing negotiated between Go-Glass and a Legacy Partner made after January 1 of the Benefit Year (pursuant to paragraph 7(B)) shall take effect on the date that the new or changed Customized Pricing is established and shall not be retroactive. Customized Pricing shall expire at the end of the Benefit Year pursuant to paragraph 7(B). Customized Pricing is subject to change based product availability, market conditions, and other factors, including, but not limited to, any rise of raw materials cost over ten percent (10%) and/or a rise in labor costs of more than five percent (5%) over cost levels due to global or regional market conditions or collapse, supply chain issues, economic pressures and or unforeseen raw material costs and/or labor disputes, as well as any import duties, trade tariffs, taxes or economic constraints, trade sanctions or embargos levied on the import or export of any Qualifying Purchases. This Customized Pricing cannot be used in conjunction with other promotions, discounts, sales, or offers on any Qualifying Purchases, including the Discounted Contractor Pricing set forth in paragraph 7(D); Partner shall be entitled to the greater value of the discounts, promotions, or offers available at the time of purchase.
L. Additional Program Benefits: From time to time, Go-Glass may elect to make special offers, coupons, or promotions to Partners, including, but not limited to, additional discounts on Qualifying Purchases.
8. Exclusivity; Anti-Assignment
The Program is an exclusive program available only to Partners. The Program, along with its Benefits and Perks, including any Cash Back Benefits, is non-transferable. Any transfer or attempted transfer shall immediately render the Program Account void and all Benefits, Perks, and Cash Back Benefits forfeited. Go-Glass may assign any of its rights, obligations, or the Program to a third party in its discretion.
9. Expiration/Termination
PROGRAM BENEFITS AND PERKS WILL ISSUE AND EXPIRE ACCORDING TO THESE PROGRAM TERMS. PLEASE KEEP YOUR PROGRAM ACCOUNT INFORMATION COMPLETE AND CURRENT TO ENSURE YOU RECEIVE PROGRAM BENEFITS AND PERKS.
10. Value and Transfer
Program Benefits and Perks (i) have no cash value; (ii) cannot be exchanged for cash, in whole or in part; and (iii) have no value outside of the Program. Your Program Account, Benefits, and Perks are for the use of the named Program Partner only and cannot be sold, shared, assigned, bartered, or otherwise transferred. In the event of the death of a Program Partner, except as otherwise required by law, all Program Benefits and Perks remain non-transferable.
13. Program Accounts; Program Account Termination
You are solely responsible for the accuracy and completeness of the information You supply in connection with Your Program Account. Failure to keep Your Program Account information current and complete may result in forfeiture or lapse of Program Benefits or Perks. You may terminate Your Program Account at any time by emailing [email protected]. Go-Glass may suspend or terminate Your Program Account and/or suspend or void any or all Program Benefits and Perks at any time, with or without notice to You and without liability or obligation to You, if we determine, in our sole discretion, that (i) You are ineligible for the Program; (ii) You have violated these Program Terms; (iii) You have provided false information to Go-Glass; (iv) You have engaged in illegal or fraudulent conduct or conduct that is dangerous, deceptive, improper, or objectionable; or (v) it is advisable to protect the interests of Go-Glass, or its employees, customers, Program members, or any third party. Upon termination of Your Program Account for any reason, Your membership in the Program terminates and all Program Benefits and Perks, including Cash Back Benefits, are voided/forfeited with no right to the voided/forfeited Benefit or of redress or action against Go-Glass.
14. Disclaimer of Warranties and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROGRAM AND ALL RELATED PRODUCTS, SERVICES, AND PROGRAM BENEFITS AND PERKS ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW, GO-GLASS, AND ITS DIRECTORS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, AND VENDORS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY THEORY OF LAW OR EQUITY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, ARISING FROM THE PROGRAM OR YOUR USE OF THE PROGRAM OR ANY PRODUCTS, SERVICES, OR PROGRAM BENEFITS AND PERKS RELATED THERETO, INCLUDING DIRECT, INDIRECT, THIRD PARTY, INCIDENTAL, INDIRECT, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GO-GLASS, ITS DIRECTORS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, AND VENDORS SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR OR IN CONNECTION WITH: (i) YOUR PARTICIPATION IN THE PROGRAM, (ii) YOUR USE OF ANY PRODUCTS, SERVICES, OR PROGRAM BENEFITS AND PERKS RELATED TO THE PROGRAM, (iii) ANY UNAUTHORIZED ACCESS TO OR UNAUTHORIZED USE OF YOUR PROGRAM ACCOUNT OR PROGRAM BENEFITS OR PERKS, OR (iv) TERMINATION OF YOUR PROGRAM ACCOUNT OR CANCELLATION OF THE PROGRAM.
CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY.
15. Arbitration Agreement; Prohibition of Class and Representative Actions and Non-Individualized Relief
This section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act, and You and Go-Glass each agree that this section is intended to satisfy the “writing” requirement of the Federal Arbitration Act.
YOU AND GO-GLASS AGREE THAT ANY CLAIM OR DISPUTE AT LAW OR EQUITY THAT HAS ARISEN OR MAY ARISE BETWEEN US IN CONNECTION WITH THE PROGRAM WILL BE RESOLVED IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THIS SECTION. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL IMPACT HOW CLAIMS YOU AND GO-GLASS HAVE AGAINST EACH OTHER ARE RESOLVED.
You and Go-Glass agree that any and all disputes or claims that have arisen or may arise between You and Go-Glass in connection with the Program shall be resolved exclusively through confidential, final, and binding arbitration with the American Arbitration Association (“AAA”) pursuant to its Commercial Rules. The arbitration shall take place in Maryland and may take place over video or in person. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.
CLASS ACTION WAIVER: You and Go-Glass agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both You and Go-Glass agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Program members. You and Go-Glass further agree that in the event this Arbitration Agreement is held to be unenforceable for any reason, the prohibitions on class and representative actions and non-individualized relief set forth in this section are severable and shall apply to any claim between You and Go-Glass in any forum. YOU ARE GIVING UP THE RIGHT TO COMMENCE OR PARTICIPATE IN CLASS AND REPRESENTATIVE ACTIONS.
16. Communications
Program members may receive transactional and/or promotional communications from Go-Glass by mail, email, and/or text message. You may opt out of communications by emailing: [email protected]
17. Cancellation of Program.
Go-Glass may cancel the Program with six (6) months’ advance notice to all active Partners for any reason. At Go-Glass’s sole discretion, it may choose to substitute a similar loyalty program at any time immediately upon notice to active Partners. A Partner may not accumulate Perks or Benefits or claim Perks or Benefits after the effective date of the cancellation of the Program. If the Program is cancelled, all accrued but unredeemed Points or Benefits will be forfeited without any obligation or liability of Go-Glass, and no Perks or Benefits will be honored after the conclusion of the notice period. In addition, in the event we cancel the Program, Your Program Account will automatically terminate upon the effective date of Program cancellation. Go-Glass may cancel the Program, in whole or in part, in any jurisdiction on less than six months’ notice if permitted to do so by applicable law.
In the event that the Program is canceled or your Program Account is terminated by Go-Glass for any reason or cancelled by You: (i) You will have no further access to your Program Account; (ii) Perks and Benefits will be forfeited and deleted; and (iii) Any other Perks or Benefits awarded through reaching achievements will not be issued.
18. Miscellaneous
A. Applicable Law: The laws of the State of Maryland, without regard to principles of conflict of laws, will govern the Program and any claim or dispute that has arisen or may arise between You and Go-Glass, consistent with section 15 above.
B. Taxes: Program members are solely responsible for any federal, state, or local taxes and/or government fees that may be imposed in connection with the Program.
C. Waiver: No delay or failure by Go-Glass to enforce any of these Program Terms shall be a waiver of any of our rights under these Program Terms.
D. Severability: The invalidity or unenforceability of any provision(s) of these Program Terms shall not affect the validity or enforceability of any other provision. In the event that any provision of these Program Terms is found to be invalid or unenforceable, these Program Terms shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
E. Construction: The headings used in these Program Terms are for convenience only, are not a part of these Program Terms, and do not affect the interpretation of any of the provisions of these Program Terms. Any reference to the term “including” means “including, without limitation.” All references to currency are stated in United States dollars.
F. Survival: The provisions regarding disclaimer of warranties, limitation of liability, arbitration agreement, prohibition of class and representative actions and non-individualized relief and these miscellaneous provisions shall survive termination of Your Program Account or cancellation of the Program.