Glow Terms of Service

Last Updated: 20 May, 2019

These Terms of Service (“Terms”) govern your access to and use of the mobile app, website, products, and services, (“Site”) offered by Glow. These Terms set forth the legally binding terms and conditions for your use of the Site provided by Glow Insurance Services, its parents, subsidiaries, and affiliates (collectively, “Glow,” “we,” “us” or “our”). These Terms include the provisions in this document, as well as those in the Privacy Policy.

Not all of the products or services described on this website are available in all areas of the United States. We reserve the right to determine eligibility.

BY ACCESSING OR USING THE SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, AS AMENDED FROM TIME TO TIME, AS WELL AS THE GLOW PRIVACY POLICY, WHICH IS HEREBY INCORPORATED INTO THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO AGREE TO THESE TERMS, DO NOT ACCESS OR USE ANY PART OF THE SITE.

If you are using the Site on behalf of a corporation, you represent that you are authorized to enter into an agreement on behalf of that legal entity and acknowledge and understand that such agreement (which includes these Terms and the Privacy Policy) is a legally binding contract between such legal entity and Glow.

Will these Terms ever change?

We reserve the right, at our discretion, to modify these Terms from time to time, which modification will be effective upon the posting of the modification to our website and will apply to your use of the Site arising after the effective date of any such modification. It is your responsibility to check the website for modified Terms. Your continued use of the Site following the posting of modifications to these Terms will mean that you accept those modifications.

What are the basics of using our Site?

In order to access the Site, you will have to create an account. You hereby represent and, warrant that the information you provide to Glow upon registration (including information provided through linked third-party accounts), and at all other times, will be true, accurate, current, and complete (collectively, the “Account Information”). Your Account Information also includes any information you provide to us during the insurance application or claims process. You also hereby agree that you will ensure that your Account Information is kept accurate and up-to-date at all times.

Some portions of the Site are protected and require a user identification code (“User ID”) and password for access. Unauthorized access or use of such portions of the Site is prohibited. You agree that you will notify Glow immediately (help@glow.co) if you believe that a third party has obtained your User ID or password, or if you believe that any unauthorized access or use may occur or has occurred. For your protection, if Glow believes that any unauthorized access may occur or has occurred, Glow may terminate your access without prior notice to you. You agree that Glow is permitted to act upon any instructions received using your User ID and password and to consider such instructions as authorized by you.

You consent to and agree that Glow may collect data and Personal Information, as defined by our Privacy Policy. If you voluntarily provide us with any data or information (including Personal Information) about yourself or a third party, you agree that Glow reserves the right to use that data and information for market analysis, advertising, or other commercial purposes. This is true even if Glow cannot offer you or a third party products or services for sale at the time you provide us with this data or information.

When applying for an Accident and Health insurance policy you represent that you have provided notice to and obtained consents from your employees that will allow us to obtain any records related to those employees to be used in underwriting decisions.

Your use of our Site is subject to the following restrictions:

The Site is intended solely for use by United States residents who are at least 18 years of age. The Site, as well as their underlying processes, content, and data, may only be used for informational, and non-commercial use. You may not copy, reproduce, sell, distribute, replicate, duplicate, relay, transmit, broadcast, or license the Site or their underlying processes, content, or data without Glow’s express written consent. Your use of the Site is not transferable by you to any other person or entity. Your access to and use of the Site may be interrupted by, without limitation, maintenance of our equipment or networks, malfunction of our equipment or networks, or inadvertently by a third party or parties. We reserve the sole right to suspend or discontinue the availability of the Site at any time in our sole discretion and without prior notice to or consent by you. You are responsible for anything you transmit to or through the Site or through email, text messaging, phone call, or social media. You are representing that your transmissions to Glow will be truthful, accurate, not misleading, offered in good faith and that you have authority to transmit such information.

In using the Site, you agree that it is solely your responsibility to avoid certain activities we deem as prohibited at our discretion. These prohibited activities include without limitation:

• Criminal activity or tortious activity, including fraud, harassment, spamming, copyright infringement, patent infringement, or theft of trade secrets;
• Advertising to, or solicitation of, any user to buy or sell any products or services;
• Engaging in any automated use of the Site, such as using scripts to send comments, messages, post on forums, or request information;
• Interfering with, disrupting, or creating an undue burden on the Site or the underlying networks;
• Attempting to impersonate another user;
• Using a false email address, phone number, postal address, or contact information;
• Using an email address, phone number, postal address or contact information of another entity or person without authorization;
• Using the Site in a manner inconsistent with any and all applicable laws and regulations; and
• Using information or scraping information from the Site for any purpose whatsoever.

If your use of the Site is prohibited by applicable laws, then you are not authorized to use the Site. We cannot and will not be responsible for your using the Site in a way that violates applicable laws.

What is our communication and electronic consent policy?

When you submit contact information to us as part of an attempted or completed request for a quote or offer for goods or services, you consent to receive telephone calls, emails, text messages, mailers, or other similar communications in connection with these goods and services. This is true even if your phone number is on any “do not call” list.

Under no circumstances will Glow or its affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number.

By signing up for the Site, you agree to have all records, including the insurance policy, provided to you in electronic form. This consent is voluntary. This consent, unless withdrawn by you, will remain in effect and applies to all transactions between you and Glow. This means you will receive all of your policy documents, forms and endorsements, policyholder notices, invoices, cancellation and nonrenewal notices, notices of loss and other documents related to your policy electronically.

You also agree that your electronic signature is the legal equivalent of your manual signature on this document and on the above listed documents. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise agree to this consent and any of the above documents constitutes your signature and agreement as if manually signed by you in writing. However, you have the right to receive communications from us, including the insurance policy, in paper form if you wish by withdrawing this consent. If you withdraw the consent to provide you with records in electronic form, you will then be provided with records in paper form. To withdraw your consent, or to correct your email address, you must email us at help@glow.co and you must include your name, policy number, effective and expiration dates of the policy, the effective date of your withdrawal and whether you want (a) all communications to be in paper form and (b) your insurance policy to be sent to you in paper form. You can also reach us at our website address www.glow.co.

What are our Intellectual Property rights?

Using the Site does not give you ownership of any intellectual property rights in the Site or the Content (defined below) you access (other than your User Content (defined below)), which shall remain with us and our respective licensors.

Our names, graphics, and logos used in connection with the Site, service marks, icons, page headers, page layouts, scripts, and unique terminology are our trademarks and trade dress (collectively, “Proprietary Marks”) in the United States and other countries. You may not use our Proprietary Marks without our express and written permission. Glow makes no proprietary claim to any third-party names, trademarks, or service marks appearing on the Site as such rights related to these names, trademarks, or service marks belong to their respective owners.

Any information, advice, data, software, or other content, which may be contained in or downloaded from the Site (collectively, “Content”), including, but not limited to, all text, graphics, charts, images, videos, line art, icons, and renditions, are copyrighted by, or otherwise licensed to, us or our Content suppliers. We also own copyrights to a collective work in the selection, coordination, arrangement, organization, navigation, presentation, display, and selective alteration of the Content (“Collective Work”). All software used in providing or supporting the Site (“Software”) is our property or the property of our software vendors and is protected by United States and international copyright laws. Any access you may have, including but not limited to, viewing, reading, printing, downloading or otherwise using the Content, Collective Work, or Software does not waive any of our rights and does not entitle you or any third party to any ownership or intellectual property rights.

You are solely liable for any damages arising from your infringement of our or any third-party intellectual property rights with respect to the Proprietary Marks, Content, Collective Work, or Software. You are solely responsible for any harm incurred to us or our affiliates as a direct or indirect result of you copying, distributing, redistributing, publishing, or using the same for purposes that are expressly or impliedly in violation of the Terms.

What about your content?

General

The Site may request that you submit content such as text, photos, audiovisual content, and other media content (“User Content”). By providing User Content to Glow, you are granting Glow a license to use the User Content in order to make the Site available to you.

License Grant by You to Glow

By uploading User Content, you are granting Glow a license to access, use, display, perform and distribute your User Content and to modify (for technical purposes) and reproduce such User Content to enable Glow to operate the Site. You agree that these rights and licenses are royalty free, worldwide, and irrevocable, and include a right for Glow to make such User Content available to, and pass these rights along to, others with whom Glow has contractual relationships related to the provision of the Site, solely for the purpose of providing such Site, and to otherwise permit access to or disclose your User Content to third parties if Glow determines such access is necessary to comply with its legal obligations.

Submitted Ideas Policy

When you submit any ideas, suggestions, documents and/or proposals relating to the Service (or other products or services) to Glow through the “Contact Us,” or through any other channel or mechanism (collectively, “Contributions”), you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) Glow is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) Glow shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for the purpose of improving the Site or for any other purpose, in any way; (iv) Glow may have something similar to the Contributions already under consideration or in development; (v) your Contributions automatically become the property of Glow without any obligation of Glow to you; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from Glow under any circumstances.

What else do I need to know?

Payments

Certain products and services may be subject to payments now or in the future (the “Paid Services”). Please see our website for a description of the current Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.

You authorize us to charge you each month at the monthly rate, and any other charges you may incur in connection with the Site, such as taxes and fees, to your Payment Method (defined below). You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to changing or adding products or services, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. We reserve the right to change the timing of our billing. You further agree and consent to Glow continuing to debit the same payment instrument upon renewal or similar event, if applicable. Glow reserves the right to retry payment on your payment device on file until the amount owed is settled or you cancel your Glow account.

You may cancel your policy at any time by logging onto the Site or calling Glow’s customer support. If you cancel your policy, we will stop your monthly payments and will not charge your Payment Method.

You will not be charged any interest, finance fee, late payment fee, or other type of finance charge. You agree that if you do not make a scheduled payment when due, we have the right to request cancellation of your insurance policy or policies. To avoid cancellation of your policy or policies, please be sure to make your monthly insurance premium payments on time.

We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account for the Site (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider or debit account (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, debit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, DEBIT CARD NUMBER, OR DEBIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER ID OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT YOUR ACCOUNT. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES.

Warranty Disclaimer

Neither Glow nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Site, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Site. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site.

THE SITE AND CONTENT ARE PROVIDED BY GLOW (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, LICENSORS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SITE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY MATTER BEYOND OUR REASONABLE CONTROL OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $100.00. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity

To the fullest extent allowed by applicable law, you shall defend, indemnify, and hold harmless Glow, our affiliates and each of our and their respective employees, contractors, directors, suppliers, partners and representatives from all liabilities, claims, damages, losses and expenses, including reasonable attorneys’ fees, that arise from a third party claim, suit or action arising out of your misuse of, or unauthorized access to, the Site and Content, violation of these Terms, or infringement by you, or any third party using your User ID and password to access the Site, of any intellectual property or other proprietary right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. In the event of such a third party claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have on file (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Choice of Law; Arbitration

These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in San Francisco, California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND GLOW ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Disclosure

We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms, including investigation of potential violations of it; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) cooperate with law enforcement authorities; (v) respond to user support requests; or (vi) protect our, our users’ or the public’s rights, property or safety.

Termination of Your Account or Use of our Site

We may change the Site, stop offering products and services through the Site, or create usage limits for the Site without prior notice. We may restrict, suspend, or terminate your use of or access to the Site in the event that you violate the Terms of Service and, at our sole discretion, as permitted by law. We may change the content or otherwise restrict access to all or parts of the Site without providing notice at our discretion, as permitted by law.

Miscellaneous

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Glow agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Glow with respect to the Site, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.

Glow’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. The course of conduct between you and Glow shall not act to modify any provision of these Terms. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Site account, in any way (by operation of law or otherwise) without Glow’s prior written consent. Glow may assign its rights and duties hereunder to any third party at any time without notice to you. We may deliver notice to you concerning these Terms by means of electronic mail, by a general notice posted on the Site, or by written communication delivered by first-class U.S. mail to your address on record in our files.

Contacting Us

If you have any questions regarding these Terms or our practices, please contact us by e-mail (help@glow.co).