Privacy Policy

Last Updated: November 13th, 2022.

Purpose of the Privacy Policy.

We are committed to respecting and protecting your privacy rights, and we created this Privacy Policy to give you (the user) notice of how your private information will (and will not) be used by us in connection with our website (www.glazeandphase.com) and any of its subdomains, content and services. In simplified form (greater detail is below), our policy can be summarized as follows:

  1. We may collect some information on you, but you control how much you share about yourself.
  2. We do not collect information from children under 13 years of age.
  3. We take your information seriously.
  4. We will not sell or rent your personally identifiable data but may share with our vendors, suppliers and partners in connection with the services you are seeking.
  5. If we use a third party to assist us, they will be bound to protect your information.
  6. In certain legal situations, we may be compelled to disclose your personal information, but we will let you know if that occurs if legally permissible.
  7. If you are outside the United States, you understand and agree that we may store your information in the United States.

This Privacy Policy applies to the website(s) and app where it appears.

This policy describes how we treat personal information on the website(s) and mobile app(s) where it appears (the “Platforms”). By interacting with us, you consent to the data we collect and how we use and share it in accordance with this Privacy Policy.

This privacy policy applies to how we use your information.

What Data We Collect.

Customers and Users voluntarily provide us data, including data that can be used to directly or indirectly identify an individual (“Personally Identifiable Data”) when they access our Platforms or use and purchase our products and services.

Data Provided By Users and Customers May Include:

  • Name, address, email, telephone number, username and password (collectively referred to as “Account Information”)
  • Credit card, debit card, banking or other payment information (which may be provided to a third-party provider that we use)
  • Information submitted as a result of completing forms, entering a promotion or survey or subscribing to, commenting on or downloading information from our Platforms
  • Customer or User content stored, processed, transmitted or maintained using our products or services
  • File system information such as the configuration of any device registered for use with our Platforms
  • Technical information including IP addresses, browser type, device type, internet service provider, etc.

We may collect contact information and personal information on the Platforms. For example, we may collect your phone number when you use the Platforms. We also collect your name, email address and street address if you register with us.

We may collect information about your device and Internet usage. If you use the Platforms, we might collect information from your computer or phone. We may also collect information about the parts of our Platforms you use or third-party apps or websites you visit when you leave our Platforms. We may work with third parties who collect information about you when you use our app.

We may collect other information. For example, we may collect general location information to better serve you. We may also collect browser services or information you provide for purposes such as technical support and for Platforms compatibility. We might look at how often you use the Platforms.

Aggregate Information. To the extent permitted by applicable law, we may use, process, transfer and store customer and user data in an anonymous (or pseudonymous) and aggregated manner. We may combine such data with other information collected, including information from third-party sources. By using the products and services, our customers and users agree that we are permitted to collect, use, share and store anonymized (or pseudonymized) aggregated data collected through the products and services for benchmarking, analytics, metrics, research, reporting, machine learning and other legitimate business purposes.

How We Collect Data.

We collect information directly from you. For example, we collect information if you register on the Platforms or use our apps and services.

We collect information from you passively. For example, we may collect information from your phone, like your UDID. Our vendors might also use scripts or other tools to track your activities on our Platforms. They may do this to make sure our Platforms function properly.

We may get information about you from third parties. For example, our affiliates or partners may give us information about you. If our Platforms have social media or other app integrations, such third parties may also give us information about you.

We combine information. For example, we may combine information that we have collected offline with information we collect online. Or we may combine information we collect online with information we’ve collected separately. We may also combine information we collect from you with information we receive from third parties.

Why We Use Data.

We use information to administer the Platforms.

We use information to respond to your requests or questions. For example, we might use your information to respond to your customer feedback.

We use information to communicate with you about your account or our relationship. We may contact you about your account or feedback. We might also contact you about this Policy or our Terms.

We use information to improve our products and services. We may use your information to make our website, app or products better. We might use your information to customize your experience with us.

We use information for security purposes. We may use information to protect our company, our customers, and our website and app.

We use information for marketing purposes. For example, we might provide you with information about new products and special offers from us. We might also use your information to serve you ads about products and offers. We might tell you about new features or updates. These might be third party offers or products we think you might find interesting. To manage this, read the choices section below. We may also use push notifications on our mobile apps.

We might use information where the processing is necessary for the purposes of our legitimate interest, while taking into account any individual interests. Our legitimate interestsinclude providing the products and services, internal record-keeping and administrative purposes and to operate, maintain and improve the Platforms.

We use information as otherwise permitted by law.

How We Use Cookies And Other Technologies.

We use certain automatic data collection technologies such as cookies, web beacons, pixel tags and other technologies to collect data, including Personally Identifiable Data, when users or customers visit the Platforms, use the products and services or interact with us, and may share this data with our third-party marketing vendors (including for example, advertising networks and providers of external services like web traffic analysis services and analytics tools). We explain these technologies below.

Cookies. Cookies are small text files placed on a computer by a web server when browsing online and are used to store user preference data so that a web server does not have to repeatedly request this information. A user may block cookies by activating the settings on the browser that blocks all or some cookies. However, if a user blocks all cookies (including strictly necessary cookies), a user may not be able to access all or parts of our Platforms. We use the following cookies: 

  • Strictly Necessary Cookies. These cookies are required for the operation of our Platforms. They include, for example, cookies that enable a customer to log-in to secure areas of our Platforms and use e-commerce.
  • Analytical and Performance Cookies. These cookies allow us to recognize and count the number of users visiting our Platforms and see how those users navigate our Platforms. This helps us to improve our Platforms.
  • Functionality Cookies. These cookies recognize a user that returns to our Platforms. This enables us to personalize our content, greet the user by name and remember preferences, for example, choice of language or region.
  • Targeting Cookies. These cookies record visits to our Platforms and the links followed. We use this information to improve our Platforms and ensure the advertising displayed is relevant to users.

Web Beacons. A web beacon is a small pixel incorporated into a web page or email to keep track of activity on the page or email.  A web beacon helps us better manage the content of our Platforms by informing us of what content is effective. 

Who We Share Data With.

We will share information with individuals and companies that you have designated. We do not otherwise sell, trade, or transfer to outside parties your Personally Identifiable Data, except as set forth below.

We will share Personally Identifiable Data with our vendors and partners. These are third parties who perform services on our behalf or who help us to improve our website and products. For example, we may share information with vendors who send emails for us.

We will share information if we think we have to in order to comply with the law or to protect ourselves. For example, we will share information to respond to a court order or subpoena. We may share it if a government agency or investigatory body requests. We might share information when we are investigating potential fraud.

We may share information with any successor to all or part of our business. For example, if part of our business was sold, we may share information as part of that transaction.

We may share your contact information with other users. You have the ability to opt out of this sharing if you like.

We may share information for other reasons we may describe to you.

Opt Out.

You can opt out of receiving our marketing emails. To stop receiving our promotional emails, follow the instructions in any promotional message you get from us. Even if you opt out of getting marketing messages, we will still send you transactional messages. These include responses to your questions.

You can control cookies and tracking tools. Your browser may give you the ability to control cookies or other tracking tools. How you do so depends on the type of tool. Certain browsers can be set to reject browser cookies. To control flash cookies, which we may use on certain websites from time to time, you can go here. Why? Because flash cookies cannot be controlled through your browser settings.

Our Do Not Track Policy: Some browsers have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. We do not currently respond to those signals. If you block cookies, certain features on our sites may not work. If you block or reject cookies, not all of the tracking described here will stop.

You can control tools on your mobile devices. For example, you can turn off the GPS locator or push notifications on your phone.

Retention Of Data.

We may retain data, including Personally Identifiable Data, for as long as necessary to deliver the products and services or as needed for other lawful purposes. We may retain anonymized or pseudonymized, aggregated data indefinitely or to the extent permitted under applicable law.

Your California Privacy Rights.

If you reside in California, you have the right to ask us one time each year if we have shared personal information with third parties for their direct marketing purposes. To make a request, please send us an email at [email protected], or write to us at the address listed below. Indicate in your letter that you are a California resident making a “Shine the Light” inquiry.

Your Rights.

In accordance with applicable data protection laws, customers and users may have some or all of the following rights with respect to our handling of Personally Identifiable Data:

  • Access. The right to access Personally Identifiable Data held by us.
  • Rectification. The right to request correction of Personally Identifiable Data that is incomplete, incorrect, unnecessary or outdated.
  • Right to be Forgotten. The right to request erasure of all Personally Identifiable Data that is incomplete, incorrect, unnecessary or outdated within a reasonable period of time. We will do everything possible to erase Personally Identifiable Data if a user or customer so requests. However, we will not be able to erase all Personally Identifiable Data if it is technically impossible due to limitations of existing technology or for legal reasons, such as we are mandated by applicable law to retain Personally Identifiable Data.
  • Restriction of Processing. The right to request restriction of processing Personally Identifiable Data for certain reasons, provided we do not have an overriding, legitimate interest to continue processing.
  • Data Portability. If requested, we will provide Personally Identifiable Data in a structured, secure, commonly used and machine-readable format.
  • Right to Withdraw Consent. If Personally Identifiable Data is processed solely based on consent, and not based on any other legal basis, customers can withdraw consent at any time.

To exercise any of the above listed rights, email us at [email protected], or write to Glaze & Phase, LLC, 9658 Red Oakes Dr, Highlands Ranch, CO 80126, Attn: Privacy. We will process requests in accordance with applicable law and within a reasonable period of time.

Regarding Children.

We do not knowingly collect Personally Identifiable Data from children under 13 without permission from a parent or guardian. If you are a parent or legal guardian and think your child under 13 has given us information, you can email us at [email protected]. You can also write to us at the address listed at the end of this policy. Please mark your inquiries “COPPA Information Request.” Parents, you can learn more about how to protect children’s privacy on-line at https://www.consumer.ftc.gov/articles/0031-protecting-your-childs-privacy-online.

Information Storage in the United States.

Information we maintain may be stored both within and outside of the United States. If you live outside of the United States, you understand and agree that we may transfer your information to the United States. This site is subject to U.S. laws, which may not afford the same level of protection as those in your country.

Security.

The Internet and mobile apps are not 100% secure. We cannot promise that your use of our Platforms will be completely safe. We encourage you to use caution when using apps and the Internet. This includes not sharing your passwords. To learn more about how to protect yourself online, visit www.ftc.gov.

We keep personal information as long as it is necessary or relevant for the practices described in this Policy. We also keep information as otherwise required by law.

Linking to other sites or have third party services on our Platforms we don’t control.

Our Platforms may have links to websites we do not control. Our Platforms may also have plugins or host other third-party services that we don’t control. This policy does not apply to the privacy practices of those websites or third parties. When you interact with those websites or third parties, they may collect information from you. Read the privacy policy of other websites carefully. We are not responsible for these third-party practices.

Contact us if you have more questions.

If you have any questions about this Policy or want to correct or update your information, please email us at [email protected].

You can also write to us at: Glaze & Phase, LLC, 9658 Red Oakes Dr, Highlands Ranch, CO 80126.

We may update this Policy.

This Privacy Policy may be updated from time to time, but the changes will not apply retroactively. We will notify you of any material changes to our Policy as required by law. We will also post an updated copy on our website and app. Please check our website and app periodically for updates.

Terms of Service

We have created and manage online a website and related support and services (the “Service” or “Services”).

Glaze & Phase, LLC (“Company”, “we” or “us”) offers various services to you through our web site (www.glazeandphase.com), which are conditioned on your agreement to adhere to the following Terms of Service without modification of any kind. Your use of the Service and/or your registration with us constitutes your agreement to these Terms of Service. These Terms of Service are subject to change at any time, without prior notice. Any changes that are made to these Terms of Service will not apply retroactively and will not apply to disputes or events occurring before the change is published. You are responsible for reviewing these Terms of Service on a regular basis.  These Terms of Service apply to all visitors and all who access our App or Services.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

We respect the privacy and security of our Users. You understand that by using our Services, you give consent to the collection, use and disclosure of our personally identifiable information as well as any non-personally identifiable information, as described in more detail in our Privacy Policy.

You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18 years of age, then please do not use our website, or our Service, without parental approval.

The Service is not available to any User who has been removed from the Service by us.

  1. Services

Our services include the use of our website and painting facilities.

  1. Registration

By registering and/or participating in this Service, you agree and represent as follows:

  1. You are of legal age and are otherwise capable of forming a legally binding contract;
  2. All information you submit to us or in connection with a Service is accurate and complete and that you will maintain and promptly update any profile supplied to us to ensure accuracy at all times;
  3. You agree to be contacted via Email, SMS and text messaging by us, including push notifications, and by third parties if relevant, regarding our Services, our website, third party notifications and/or advertisements, and requests to rate our website;
  4. You hereby grant us permission to email or display your profile, picture and such other information as may be supplied by you on or from our App as we shall deem advisable in its sole determination in connection with the Service or for marketing purposes thereof;
  5. By using the Service, you are granting us permission to access your account and those messages, data, information, text, graphics, audio, video, photographs or other material (“Materials”) posted/uploaded/transmitted to or through the Service using your account, solely in connection with the provision of Services.
  1. Transactions

If you wish to purchase any product or service made available through the Service (each such purchase, a “Transaction”), you need to give us certain information relevant to your Transaction including, without limitation, your credit card number, your billing address, the expiration date of your credit card and other information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. To process our payments, we use Square.com. You must agree with their terms and conditions before paying for any of our products or services. You may need to purchase some equipment to take advantage of our Services.

You agree that by placing an order, you are entering into a binding contract with us and agree to pay all charges that may be incurred by you or on your behalf through the App, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

  1. Responsibility For User Content

Given the nature of the Service and the volume of information submitted, we cannot and do not monitor all of the Materials posted or transmitted by you and other third-party information providers via the Service, including, without limitation, any Materials posted via the Service. You expressly agree that we will not be liable for Materials. We reserve the right, but are not obligated, to remove content from the Service for any reason, including content that we believe violates these Terms or our Acceptable Use Policy below.

It is our policy to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws.

Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for this website:


Glaze & Phase, LLC.

Attention: Legal
9658 Red Oakes Dr
Highlands Ranch, CO 80126
Email: [email protected]

To be effective, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

5. Acceptable Use Policy

The following is a partial list of the kinds of activities that are prohibited on or through the Service: (a) submitting Materials that are patently offensive, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Materials that could be harmful to minors; (c) engaging in activity or submitting Materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” or harvesting or otherwise collecting personally identifiable information about Service users, including names, phone numbers, addresses, email addresses, (collectively, “User Data”) without their consent; (e) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting Materials that displays pornographic or sexually explicit material of any kind; (h) submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (i) submitting Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in the website or for any other unauthorized purpose without our prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; (n) decompiling, reverse engineering, or disassembling the software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Service or our hardware and software infrastructure or that of any of its Licensors or Suppliers. In addition, you covenant and represent that you will not use the Service for any purpose other than those that are personal, nor will you use this Service in violation of the law or these Terms of Service.

7. Use of Third-Party Services

As a part of our Service, we may offer links to web sites operated by various third parties and are not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. We do not operate or control in any way any information, software, products or services available on such web sites. Our inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

9. Representations and Warranties, Waiver and Indemnification

You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms of Service, (b) the Materials are accurate, current and complete, (c) the Materials and your use of the Service shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the Service shall not violate any applicable law or regulation or cause injury to any person; (e) your use of the Service shall not violate any agreements between you and a third party.

YOU on your own behalf and on behalf of your personal representatives, assigns, heirs, and next of kin HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE GLAZE & PHASE, LLC, its directors, officers, members, managers, employees, and agents (hereinafter referred to as “Releasees”’) from any and all liability to yourself, for any loss or damage, and any claim or demands therefor on account of injury to the person or property, whether caused by the negligence of the Releasees or otherwise while you are in participating in or using any program or Service affiliated with the Services.

You agree to indemnify, defend and hold harmless Company, and its officers, directors, employees, agents, and contractors from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys’ fees, arising from or related to: (a) the Materials you provide or approve for publication, (b) your use of the Service including your participation in any of the Services whether caused by the negligence of Releasees or otherwise, (c) your breach of these Terms of Service, or (d) any actual, prospective, completed or terminated service between you and a third party.

YOU further expressly agrees that the foregoing RELEASE, WAIVER AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by the law of the state of your residence and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

10. Disclaimers and Limitations

Errors in the information contained in our Service sometimes occur. Please use this site at your own risk. In addition, we may make changes and improvements to the information provided herein at any time. THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” WE AND/OR OUR SUPPLIERS, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF OUR SERVICE IS AT YOUR OWN RISK. WE AND/OR OUR SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH US, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 

LIMITATION OF LIABILITY  

IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED THE TOTAL SUM OF $50.00. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN US AND YOU. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.

ERRORS AND DELAYS

We are not responsible for any errors or delays caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.

11. Termination

We reserve the right in our sole discretion, and without any prior notice, to terminate your access to the Service for any reason, including your breach of these Terms of Service, the terms and conditions of any service for which you may have registered, or a violation of the rights of another user or the law. You may unsubscribe from any further communication from us at any time by delivering a written notice addressed to [email protected]. You shall be responsible for ensuring delivery of the notice to us. You may also unsubscribe by clicking the Email Preferences link or the opt-out link in any of our emails. We shall not be obligated to store any data or files for more than sixty (60) days after termination of your access to the Service.

We reserve the right with or without notice to you at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service. We shall have no liability to you or any third party should we modify or discontinue any service or an aspect thereof.

12. Dispute Resolution

Any claim or controversy arising out of or relating to the use of our Service, to the goods or services provided by us, or to any acts or omissions of other users for which you may contend we are liable, including but not limited to any claim or controversy (“Dispute”), shall be finally, and exclusively, settled by arbitration in Denver, Colorado, from which arbitration there shall be no appeal. The arbitration shall be held before one arbitrator. The arbitrator shall be selected pursuant to the AAA rules. The arbitrator shall apply the substantive law of the state of Colorado, except that the interpretation and enforcement of this arbitration provision shall be governed by the U.S. Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefore. Each part shall bear its own costs and attorneys’ fees. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and we otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.

13. Parental Control Protections

Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that there are commercially available parental control protections (such as computer hardware, software or filtering services) that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at http://internet-filter-review.toptenreviews.com.

14. Class Action/Jury Trial Waiver

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

15. General

You agree that: (i) the Service shall be deemed solely based in the state of Colorado; and (ii) this Service shall be deemed a passive web site and service that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than in Colorado. These Terms of Service shall be governed by the internal substantive laws of the state of Colorado, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. These Terms of Service, together with the Privacy Policy and any other legal notices published by us on the Service, shall constitute the entire agreement between you and us concerning this Service and supersedes any prior written or oral representations. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms of Service may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved to us.

16. Copyright and Trademark Notices

All contents of the Service are copyrighted © 2022 Glaze & Phase, LLC. All rights reserved. Other product and company names may be trademarks or service marks of their respective owners.

IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS APP AND SERVICE IMMEDIATELY.

Updated on November 13th, 2022

© 2022 Glaze & Phase, LLC. All rights reserved.