THIS AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND GETGLAM INC. BEFORE ACCESSING OR USING ANY GETGLAM SERVICES. SPECIFICALLY, BY ACCESSING, DOWNLOADING, USING, PURCHASING, AND/OR SUBSCRIBING TO THE GETGLAM SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT (AND ALL OTHER REFERENCED POLICIES). IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE CEASE USING THE GETGLAM SERVICES IMMEDIATELY.

SECTION 15 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED. IN PARTICULAR, THE ARBITRATION AGREEMENT IN THAT SECTION WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT OUT.

1. ACCEPTANCE OF AGREEMENT

By accessing or using GetGlam's Services, you agree to be bound by this Terms of Use Agreement (the "Terms" or "Agreement"). Therefore, it is important that you read this Agreement and these policies carefully before you create an account. If you do not agree to this Agreement, you may not access or use the Services. Please print out a copy of the Agreement for your records.

Welcome to GetGlam, operated by GetGlam Corp ("GetGlam"). As used in this Agreement, the terms "GetGlam," "us," "we," "Company," and "our" shall refer to GetGlam and/or GetGlam Corp Services Limited, as appropriate. Together, you and GetGlam may be referred to as the "Parties" or separately as a "Party."

Any GetGlam mobile application ("App"), websites (e.g., https://getmyglam.com/) or any other platform, system or sites, subscription services, beauty services, products and other features (which include by definition both the technical services through which you connect with a Third Party Provider and the underlying beauty services offered by a Third Party Provider) (collectively, the "Service" or our "Services"), are subject to this Agreement. This Agreement applies to anyone who accesses or uses the Services, regardless of registration or subscription status.

Your access and use of the Services are also subject to the Privacy Policy and Cookie Policy and any terms disclosed and agreed to by you when you purchase additional features, products, or services from GetGlam ("Additional Terms Upon Purchase"), which are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement or our other Policies and Guidelines, do not access or use our Services. We reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means; however, you are responsible for regularly checking this page for any changes. Your continued access or use of the Services constitutes your ongoing consent to any changes, and as a result, you will be legally bound by the updated Terms. If you do not accept a change to the Terms, you must stop accessing or using our Services immediately.

2. ACCOUNT ELIGIBILITY; YOUR RESPONSIBILITIES

Before you create an account on GetGlam, please ensure you are eligible to use our Services. This Section also details what you can and cannot do when using the Services, as well as the rights you grant GetGlam.

You are not authorized to create an account or use the Services unless all of the following are true, and by using the Services, you represent and warrant that:

• You are at least 18 years old;
• You are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist-supporting" country;
• You are not on any list of individuals prohibited from conducting business with the United States;
• You are not prohibited by law from using our Services;
• You do not have more than one account on our Services; and
• You have not previously been removed from our Services or our affiliates' services by us or our affiliates, unless you have our express written permission to create a new account.

If at any time you cease to meet these requirements, you must immediately delete your account; and as soon as GetGlam has knowledge of your ineligibility, we will revoke all authorization to use the Services.

You agree to:

• Comply with these Terms and check this page from time to time to ensure you are aware of any changes;
• Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
• Use the latest version of the Services (which includes our websites and App);
• Treat other users in a courteous and respectful manner, both on and off the Services;
• Treat service providers (e.g., Third Party Providers) in a courteous and respectful manner, both on and off the Services;
• Be respectful when communicating with any of our customer care representatives or other personnel;
• Review the Privacy Policy and Cookie Policy; and
• Maintain a strong password and take reasonable measures to protect the security of your login information.

You also agree not to disclose private, sensitive or proprietary information that you do not have the right to disclose, and you agree not to:

• Use any robot, crawler, site search/retrieval application, proxy, or other manual or automatic device, method, or process to access, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;
• Upload viruses or other malicious code or otherwise compromise the security of our Services;
• Use, display, mirror, or frame the Services or any individual element within the Services, GetGlam's name, any GetGlam trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without GetGlam's prior express written consent;
• Use the Services in any way that would undermine or distort the fairness or accuracy of contests, challenges, or other features on the Services;
• Engage in any form of automated or manual data collection or harvesting, including by way of automated or manual scraping or crawling;
• Engage in any activity that restricts or inhibits any other user from using or enjoying our Services;
• Circumvent, disable, or otherwise interfere with any security-related features of the Services;
• Attempt to gain unauthorized access to any portion of our Services, or any other systems or networks connected to the Services;
• Attempt to disguise the origin of any communication transmitted through our Services or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Services; or
• Engage in any other conduct that restricts or inhibits any other user from using or enjoying the Services.

3. CONTENT

Understanding Your Rights and Responsibilities You are responsible for the content you provide on our marketplace and must adhere to the following rules.

3a. Your Content

• Responsibility: You control and are liable for your content, which includes text, images, and videos you post. Ensure it complies with these terms and does not expose you or GetGlam to legal issues.
• Indemnity: You agree to indemnify us against any claims related to your content.
• Accuracy: Ensure that your information is accurate and up-to-date.
• Privacy: Do not post personal or sensitive information. Be cautious with what you share.
• Visibility: Your content is visible to other users globally and may be shared by them. You grant GetGlam a license to use your content as described in Section 7.
• Moderation: We may review and remove your content at our discretion, but we are not obligated to do so.

3b. Content of Others

• Usage: You may view but not use, copy, or distribute content posted by others except as intended within our marketplace.
• Ownership: Content posted by other users remains their property and cannot be used for commercial purposes or harassment. Misuse may lead to account termination.

3c. Our Content

• Ownership: All content created by GetGlam, including text, images, and logos, is owned by us. You are granted a limited license to use it as specified in Section 6.

3d. Prohibited Content

Without limiting the prohibitions and restrictions found elsewhere throughout the Terms, you agree not to:

• Harass, threaten, stalk, disrupt or defraud users, members or staff of GetGlam or Venues or any other person, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
• Act in a deceptive or fraudulent manner by, among other things, impersonating another person or access another user's account;
• Upload material (e.g. virus) that is damaging to computer systems or data of GetGlam or users of the Site or otherwise use the Site in any manner that could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of the Site;
• Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others;
• Make unsolicited offers, advertisements, proposals, or send junk mail or "spam" to users;
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
• Use the Site for or in connection with any purpose that is unlawful or prohibited by these Terms.

GetGlam reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

4. PRIVACY

Your privacy is important to us. Please review our Privacy Policy to understand how GetGlam and its affiliates collect, use, and share your personal data. By using our Services, you consent to our use of your personal data as outlined in the Privacy Policy.

5. RIGHTS YOU ARE GRANTED BY GetGlam

GetGlam grants you the right to use and enjoy our Services, subject to these Terms.

For as long as you comply with these Terms, GetGlam grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes as intended by GetGlam and permitted by these Terms and applicable laws. This license and any authorization to access the Service are automatically revoked in the event that you fail to comply with these Terms.

6. RIGHTS YOU GRANT GetGlam

You retain ownership of all content you provide to GetGlam ("Your Content"). By creating an account, you grant GetGlam a worldwide, perpetual, transferable, royalty-free, sub-licensable license to host, store, use, copy, display, reproduce, adapt, modify, and distribute Your Content. This license includes any information you authorize us to access from third-party sources. GetGlam's license is non-exclusive, except for exclusive rights to derivative works created through our Services, such as screenshots featuring Your Content.

GetGlam adheres to the Digital Millennium Copyright Act (DMCA) regarding copyright claims. To protect Your Content, you authorize GetGlam to act on your behalf to prevent unauthorized use by third parties. This includes, but is not limited to, sending DMCA Takedown Notices under 17 U.S.C. § 512(c)(3) if Your Content is used outside our Services. If you believe that any Content from others or our Content infringes on your intellectual property rights, please submit a DMCA Takedown Notice. However, GetGlam is not obligated to take action against third-party use of Your Content.

Your Content remains subject to your rights under applicable laws, including data protection laws if Your Content contains personal information.

In exchange for using our Services, you agree that GetGlam, its affiliates, and third-party partners may display advertisements on our Services. Any feedback or suggestions you provide may be used by GetGlam without compensation.

You also agree that GetGlam may access, preserve, and disclose your account information, including Your Content, if required by law or to: (i) comply with legal processes; (ii) enforce these Terms; (iii) address claims of content rights violations; (iv) respond to customer service requests; or (v) protect the rights and safety of the Company or others.

4. SUBSCRIPTION AND PAYMENT

Subscription Plans: GetGlam offers various subscription plans with different features and pricing. By subscribing, you agree to pay the fees associated with your chosen plan.

Payment Terms: All payments are processed through secure third-party payment processors. You authorize us to charge your chosen payment method for the subscription fees.

Automatic Renewal: Your subscription will automatically renew at the end of each billing period unless you cancel it before the renewal date.

Cancellation Policy: You may cancel your subscription at any time. However, no refunds will be provided for partial subscription periods.

5. RIGHT TO CANCEL

If you are a subscriber in certain states, you have the right to cancel your subscription within three (3) business days of your initial purchase. To exercise this right, you must notify us in writing at support@getmyglam.com.

6. INTELLECTUAL PROPERTY

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of GetGlam or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7. LICENSE TO USE CONTENT

By posting content on our Services, you grant GetGlam a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Services and GetGlam's business.

8. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, GETGLAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GETGLAM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless GetGlam, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.

11. TERMINATION

GetGlam may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

12. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

13. DISPUTE RESOLUTION

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

14. CHANGES TO TERMS

GetGlam reserves the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Last Updated" date.

15. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at support@getmyglam.com.

16. ADS AND THIRD-PARTY CONTENT

Like many subscription-based services, our websites may display advertisements. Our Services can include ads and promotions from third parties, as well as links to external websites or resources. GetGlam is not responsible for the availability or content of these external sites or resources. Additionally, GetGlam does not endorse or take responsibility for any products or services offered by third parties. If you choose to interact with these third parties, their terms will govern your relationship with them, and GetGlam will not be liable for their actions or terms.

17. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL GETGLAM RELEASEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE, EVEN IF GetGlam HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, GetGlam RELEASEES' LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

GETGLAM RELEASEES' LIABILITY TO YOU IS LIMITED TO $50 USD (OR THE LOCAL EQUIVALENT THEREOF) OR THE AMOUNTS, IF ANY, PAID BY YOU TO GETGLAM UNDER THIS AGREEMENT IN THE THREE MONTHS IMMEDIATELY PRIOR TO THE EVENT FIRST GIVING RISE TO THE CLAIM, WHICHEVER IS MORE. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER GETGLAMRELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

18. ELECTRONIC SIGNATURES AND AGREEMENTS

You acknowledge and agree that by clicking on the button labeled "CONFIRM PURCHASE," "DOWNLOAD", "I ACCEPT" or such similar links as may be designated by GetGlam to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY GetGlam. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

19. ARBITRATION AGREEMENT

PLEASE READ THE FOLLOWING CAREFULLY:

a) Purpose. This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and GetGlam Releasees. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. Please read this Arbitration Agreement carefully. It provides that all disputes between you and GetGlam Releasees shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney's fees).

The term "Dispute" means any dispute, claim, or controversy between you and GetGlam Releasees regarding any aspect of your relationship with GetGlam Releasees, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced.

WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT. Notwithstanding the foregoing, either you or GetGlam Releasees may elect to bring an individual action in small claims court provided, however, that if the case is subsequently removed from small claims court it will be subject to the procedures set out herein.

b) Pre-Arbitration Dispute Resolution. Before initiating any Dispute, whether in court or arbitration, you must first give GetGlam Releasees an opportunity to resolve the Dispute by mailing written notification (hereinafter, a "Pre-Arbitration Demand") to GetGlam Releasees - Pre-Arbitration Demand, Attention: Legal Department, 447 Sutter St, San Francisco,California 94108, USA. A Pre-Arbitration Demand is valid only if it pertains to, and is on behalf of, a single individual. A Pre-Arbitration Demand brought on behalf of multiple individuals is invalid as to all. That Pre-Arbitration Demand must include (1) your name, (2) your telephone number, email address, residential address, and mailing address, if different than your residential address, (3) a written description of the Dispute, (4) a description of the specific relief you seek, including whatever amount of money is demanded and the means by which you calculated the claimed damages, and (5) your signature.

Following your Pre-Arbitration Demand, before you submit a dispute to arbitration, you must engage in good faith in an informal negotiation process, as specified in this paragraph. This informal negotiation must include an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and GetGlam Releasees (the "Conference"). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to individually attend and participate. GetGlam Releasees will participate in the Conference through one or more representatives, which may include our counsel. Following the informal negotiation, if GetGlam Releasees do not resolve the Dispute to your satisfaction within 60 days after it receives your written notification, you may pursue your Dispute in arbitration.

You agree that compliance with this subsection is a condition precedent to commencing arbitration, and that the arbitration administrator or arbitrator shall dismiss any arbitration filed that does not strictly comply with these informal dispute resolution procedures. Notwithstanding any other provision of this Agreement, the party against whom an arbitration has been filed has the right to seek a judicial declaration in court regarding whether the arbitration should be dismissed for failure to comply with the informal dispute resolution process set forth in this subsection.

c) Arbitration Procedures. If the Dispute is not resolved as provided above in the Pre-Arbitration Claim Resolution section, either you or GetGlam Releasees may initiate arbitration proceedings. The Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16, including its procedural provisions, and not state law, governs the interpretation and enforcement of this arbitration agreement. JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.

For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. For Disputes brought as part of mass arbitration, the JAMS Mass Arbitration Procedures and Guidelines will apply. Mass arbitration is defined as 75 or more similar demands for arbitration filed against the same party or related parties by individual claimants represented by either the same law firm or law firms acting in coordination. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. In the event that this Arbitration Agreement conflicts with the applicable arbitration rules, this Arbitration Agreement shall govern. Under no circumstances will class action procedures or rules apply to the arbitration. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

d) Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by applicable federal law, including but not limited to the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

e) Authority of the Arbitrator. Except as expressly provided herein, the arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and GetGlam Releasees. Other than as expressly provided in this Arbitration Agreement and the applicable arbitration rules, the Dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum's rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and GetGlam Releasees.

f) Location of Arbitration. Arbitration shall take place in New York County, New York, but it may proceed by telephone if you so choose.

g) Payment of Arbitration Fees and Costs. If GetGlam is the party initiating an arbitration against you, GetGlam will pay all costs associated with the arbitration, including the entire filing fee. If you are the party initiating an arbitration against GetGlam Releasees, you will be responsible for the applicable initial filing fee. GetGlam will pay both parties' administrative fees.

h) Settlement Offers and Offers of Judgment. At least ten (10) calendar days before the date set for an arbitration hearing with respect to a Dispute, you or we may serve a written offer of judgement on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitrator, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within thirty (30) calendar days after it is made, whichever is first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party's costs (including all fees paid to the arbitral forum) from the time of the offer.

i) Class Action Waiver. Any Disputes arising out of or relating to your use of the Site and/or attendance at, participation in or use of Offerings, any purchase you make on or through the Site, any information you provide via the Site, and/or these Terms (including the formation, performance, or alleged breach), shall be submitted individually by you and will not be subject to any class action or representative status. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action). Neither you, nor any other Member of GetGlam Releasees and/or user of GetGlam Releasees' services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding with respect to the matters set forth in the first sentence of this paragraph. You agree that this Class Action Waiver is material and essential to the arbitration of any dispute between you and GetGlam Releasees and is non-severable from the Arbitration Agreement. If any portion of this Class Action Waiver is limited, voided, or cannot be enforced, then the Arbitration Agreement shall be null and void. You understand that by agreeing to this Class Action Waiver, you may only pursue Dispute against GetGlam Releasees in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding.

j) Severability. If any clause within this Arbitration Agreement, other than the Class Action Waiver clause above, is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable and the Dispute will be decided by a court of competent jurisdiction.

k) Continuation. This Arbitration Agreement shall survive the termination of your contract with GetGlam and your use of the GetGlam Site, Offerings, and services

16. GOVERNING LAW

To the fullest extent allowable by law, the laws of Delaware, USA, without regard to its conflict of laws rules, shall govern any Dispute arising out of or relating to this Agreement or our Services. For users residing outside of the United States, this choice of Delaware law shall not override any mandatory consumer protection laws in the jurisdiction where you resided at the time you accepted this Agreement. However, the Dispute Resolution Process outlined in Section 15 will be governed by the Federal Arbitration Act.

17. INDEMNITY BY YOU

To the fullest extent permitted by applicable law, you agree to indemnify and hold GetGlam Releasees, harmless from any claims, actions, suits, costs, expenses, losses, damages, liabilities, including attorneys' fees, arising out of or in connection with your misuse of the Site, Offerings, violation of these Terms, violation of the rights of any other person or entity, issue arising out of you making a reservation for another person or inviting or bringing another person to an Offering, or any breach of your representations, warranties, and covenants set forth in these Terms.

18. ENTIRE AGREEMENT

This Agreement supersedes all prior agreements or representations. These Terms, along with the Privacy Policy, and any Additional Terms Upon Purchase, constitute the entire agreement between you and GetGlam regarding your use of our Services. They replace any prior agreements, representations, or arrangements, whether written or oral, between us. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue to be in full force and effect. The failure of GetGlam to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Your GetGlam account is non-transferable, and all rights to your account and its content terminate upon your death, unless otherwise required by law. Rights and licenses granted under these Terms cannot be transferred or assigned by you, but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary, or other special relationship is created by these Terms, and you may not make any representations or bind GetGlam in any way.

19. SPECIAL STATE TERMS

California Subscribers: You may cancel your subscription in accordance with our refund policy. If you subscribed through an External Service (e.g., Apple ID, Google Play), you must cancel through that External Service, as detailed in Section 8a. For subscriptions made via Apple ID, refunds are processed by Apple, not GetGlam. You can request a refund from Apple through your Apple ID account on your phone or at Apple Support. If you subscribed via Google Play, refunds are handled by Google, not GetGlam. You can request a refund from Google Play through your Google Play account on your device or at Google Play Help.

Special Terms:

• Notice Address: For all subscribers, including those in Illinois, New York, North Carolina, and Ohio, notice should be sent to: GetGlam, 447 Sutter St, Ste 405, San Francisco, CA 94108.
• Right to Cancel: Subscribers in Delaware, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin may cancel their subscription without penalty or obligation at any time before midnight of the third business day following the date of subscription. If you pass away before the end of your subscription period, your estate is entitled to a refund for the portion of the subscription period after your death. If you become disabled (such that you cannot use our Services) before the end of your subscription period, you may request a refund for the period after your disability by notifying us as described in Section 8.

20. MISCELLANEOUS

No Waiver: The failure of GetGlam to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GetGlam without restriction.

Survival: Any provisions of these Terms that, by their nature, should survive termination of these Terms will survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

Headings: The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

Entire Agreement: This is the entire agreement between you and GetGlam relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms made by GetGlam as set forth above.

Disclosures: The services are offered by GetGlam Inc., located at 447 Sutter St, Ste 405, San Francisco, CA 94108. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

Contact Information: If you have any questions about these Terms, please contact us at support@getmyglam.com.

Last Updated: April 3, 2025