Please review these Terms of Sale carefully as these terms govern your purchase of the products in your order (the “System”) from Glow Security, LLC (“Glow Security”) and set out your rights and obligations with respect to your purchases, including important limitations and exclusions, such as those contained in our product warranties. These are the Terms of Sale under which Glow Security is willing to provide you with the System and requires the waiver of liability and use of binding arbitration to resolve disputes rather than jury trials or class actions (described in detail below). Please be certain you understand them.
By clicking the “Submit” button below or using the System, you agree that you have read these Terms of Sale and are legally bound by these Terms of Sale, including the disclaimers, limitations of liability, and indemnity obligations below. You may print these Terms of Sale by clicking the print button on your Internet browser.
Sales to End Users Only
Purchases made through the Glow Security website are for end user customers only. Sales to dealers, resellers or distributors or any other third-party are prohibited. Any subsequent sales, assignments, or transfers, without Glow Security’s prior written consent shall void any obligation or duty of Glow Security hereunder.
Glow Security accepts credit cards and debit cards. If a credit card is being used for a transaction, Glow Security may obtain a pre-approval from the credit card company for an amount up to the amount of the order (inclusive of all taxes, shipping costs, and applicable subscription fee(s) if any). Billing to your credit card occurs at the time of purchase or when the order is shipped.
Glow Security accepts the following credit cards: Visa, MasterCard, American Express, and Discover. Glow Security is unable to accept credit cards issued by banks outside of the United States. Debit cards and check cards have daily spending limits that may prevent the processing of your order.
Glow Security expressly and unconditionally reserves the right to terminate, in part or in full, your use of the System and its operations/functionality in the event that you fail to pay any fees required by Glow Security (in accordance with your agreement or terms of purchase) for the System, any components or products, or monitoring service.
Your total price will include the price of the products in your order plus any applicable sales tax and shipping charges, less any discounts offered. Glow Security reserves the right to change prices for products or services offered at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering. In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Glow Security shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. Glow Security shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, Glow Security shall immediately issue a credit to your credit or debit card account in the amount of the incorrect price. You agree to pay all service and monitoring fees specified in an order, subscription agreement, or other related service agreement, which payment terms shall supersede any conflicting provisions contained in this Terms of Sale. You are to be solely responsible for all utility and service provider costs (ISP bills, electricity charges, cellular phone data, roaming charges, etc.) incurred in relation to the use of the System in accordance with the terms established by such utility/service provider.
Glow Security website transactions will include sales tax based on the delivery address and the sales tax rate in effect at the time your transaction is completed. If the sales tax rate for the state to which your order is being shipped changes before the product is shipped, the rate in effect at the time your order was received will apply. You are responsible for all applicable sales taxes, and Glow Security has the right to collect any tax it believes it is obligated to collect.
Delivery will be by common carrier F.O.B Glow Security’s shipping point. You assume sole risk of loss or destruction of the System during shipment.
Any warranty granted by Glow Security, whether under these Terms of Sale, a purchase order, any Glow Security website term or condition, for any product or service will not apply in the following cases: unpermitted assignment or sale of the System; failure to follow installation or operating instructions; failure to adhere to shipping and return policies; misuse (which includes, without limitation, using products outdoors or in improper temperature, humidity, or other environmental conditions, unless the same is expressly permitted, and in such cases only as directed), alteration, abuse, accident or tampering, or damage or non-performance resulting from use of any item or repair services not provided by Glow Security, damage was caused by Acts of God, natural disasters, labor disputes, vandalism, intentional destruction or tempering, war, terrorism, civil strife, or other causes beyond Glow Security’s control, including for example but not limitation, any battery or replacement battery defects or complications. The terms herein shall supersede and control in the event of any discrepancy between these Terms of Sale and other agreement between you and Glow Security pertaining to the availability of any warranty whatsoever.
Glow Security does not represent that the System may not be compromised or circumvented; that the System will prevent any personal injury or property loss; or that the System will in all cases provide adequate warning or protection. You understand that the System may be interrupted, circumvented, unavailable (for a limited or extended time period) or otherwise compromised, including as a result of equipment designed or used by a third party for the purpose of causing false alarms or gaining unauthorized access to or otherwise affecting or controlling the System (including any Camera – defined below). You assume all risk associated with the suitability, installation and performance of the devices and other third-party components, hardware, software and services that you select.
CONSEQUENTLY, NO GLOW SECURITY PARTY, AS DEFINED ABOVE, SHALL HAVE ANY LIABILITY FOR ANY LOSS, DAMAGE, CLAIM, OR EXPENSE (COLLECTIVELY, “LOSSES”), INCLUDING ANY PROPERTY DAMAGE, PERSONAL INJURY (INCLUDING DEATH), ECONOMIC LOSSES OR ANY OTHER FORM OF LOSS, DAMAGE OR EXPENSE ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY A CLAIM THE SYSTEM WAS NON-OPERATIONAL, UNRELIABLE, IMPROPERLY INSTALLED, DEFECTIVE OR OTHERWISE FAILED TO GIVE WARNING. HOWEVER, IF ANY GLOW SECURITY PARTY, AS DEFINED ABOVE, IS HELD LIABLE, WHETHER DIRECTLY OR INDIRECTLY, FOR ANY LOSS ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY THIS LIMITED WARRANTY OR OTHERWISE, THE AGGREGATE LIABILITY OF ALL GLOW SECURITY PARTIES, AS DEFINED ABOVE, SHALL BE LIMITED TO THE PURCHASE PRICE OF THE SYSTEM, WHICH SHALL BE THE COMPLETE AND EXCLUSIVE REMEDY AGAINST THE GLOW SECURITY PARTIES, AS DEFINED ABOVE. YOU ACKNOWLEDGE AND AGREE THAT IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE THE ACTUAL DAMAGES, IF ANY, THAT MAY RESULT FROM A FAILURE OF THE SYSTEM TO GIVE WARNING. THIS AGREED-UPON AMOUNT (THE PURCHASE PRICE OF THE SYSTEM) IS NOT A PENALTY, AND IS THE SOLE REMEDY.
By purchasing from Glow Security, or by using the System, you acknowledge that you have had an opportunity to review Glow Security’s warranty terms, have done so to the degree you feel you need to be familiar with them, and you accept their terms and conditions, including the limitations, exclusions, and disclaimers.
Glow Security shall be entitled to terminate, assign, or subcontract for the performance of any Monitoring Service upon written notice to you. You are permitted to terminate your use of the System upon thirty (30) days written notice to Glow Security. Following termination pursuant to the immediately preceding sentence, you hereby agree to return any physical components of the System upon the written request of Glow Security.
THE PRICE OF THE SYSTEM IS UNRELATED TO THE VALUE OF PROPERTY LOCATED ON OR NEAR THE PREMISES AT WHICH THE SYSTEM IS LOCATED. NO PORTION OF THE PURCHASE PRICE IS FOR INSURANCE OR SHALL BE DEEMED OR CONSIDERED INSURANCE PREMIUMS. YOU ACKNOWLEDGE AND AGREE THAT GLOW SECURITY IS NOT AN INSURER AND SHALL NOT PROVIDE INSURANCE COVERAGE AGAINST ANY LOSSES, AS DEFINED ABOVE. TO THE EXTENT YOU WISH TO HAVE ANY INSURANCE COVERAGE FOR LOSSES, AS DEFINED ABOVE, IT IS YOUR RESPONSIBILITY TO PROCURE AND MAINTAIN SEPARATE INSURANCE POLICIES FROM AN INSURANCE COMPANY OR COMPANIES, SOLELY AT YOUR COST AND EXPENSE, FOR COVERAGE AGAINST ALL LOSSES, AS DEFINED ABOVE, INCLUDING BUT NOT LIMITED TO THOSE ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY (I) THESE TERMS OF SALE, INCLUDING ANY BREACH OF ANY REPRESENTATION, WARRANTY, COVENANT OR OBLIGATION ARISING HEREUNDER (II) THE SYSTEM, (III) THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE, (IV) THE IMPROPER OPERATION OR NON-OPERATION OF THE SYSTEM, (V) BREACH OF CONTRACT, EXPRESS OR IMPLIED, WHICH OCCURS BEFORE OR AFTER THE SIGNING OF THIS AGREEMENT (VI) BREACH OF WARRANTY, EXPRESS OR IMPLIED, (VII) PRODUCT OR STRICT LIABILITY (VIII) LOSS OR DAMAGE TO OR MALFUNCTION OF FACILITIES NECESSARY TO OPERATE THE SYSTEM, TRANSMIT ANY SIGNAL TO OR RECEIVE SIGNALS AT ANY MONITORING FACILITY, (X) A CLAIM FOR SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, OR (XI) A VIOLATION OF ANY APPLICABLE CONSUMER PROTECTION LAW OR ANY OTHER THEORY OF LIABILITY OR ALLEGED FAULT ON THE PART OF ANY GLOW SECURITY PARTY, AS DEFINED ABOVE (COLLECTIVELY, THE “COVERED CLAIMS”). RECOVERY FOR ANY LOSS, AS DEFINED ABOVE, SHALL BE LIMITED TO THE INSURANCE YOU PURCHASE SEPARATELY FROM AN INSURANCE COMPANY, IF ANY.
Limitations Of Liability And Release
Glow Security does not accept liability for Systems purchased hereunder beyond the remedies set forth herein and in Glow Security’s Limited Warranty. In particular, as described in Glow Security’s Limited Warranty, Glow Security does not represent that the System may not be compromised or circumvented; that the System will prevent any personal injury or property loss; or that the System will in all cases provide adequate warning or protection. You understand that the System may be interrupted, circumvented, unavailable (for a limited or extended time period) or otherwise compromised, including as a result of equipment designed or used by a third party for the purpose of causing false alarms or gaining unauthorized access to or otherwise affecting or controlling the System (including any Camera). You understand that a properly installed and maintained alarm is not guaranteed to reduce the risk of a burglary, robbery or other events occurring without providing an alarm, but it is not an insurance or a guarantee that such will not occur or that there will be no personal injury or property loss as a result.
BY AGREEING TO THESE TERMS, YOU ARE RELEASING EACH GLOW SECURITY PARTY, AS DEFINED ABOVE, ON YOUR BEHALF AND ON BEHALF OF ALL OTHERS WHO MAKE CLAIMS UNDER THE TERMS OF SALE FROM ALL LOSSES, AS DEFINED ABOVE, ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY ANY COVERED CLAIM, AS DEFINED ABOVE. UNDER NO CIRCUMSTANCES WILL ANY GLOW SECURITY PARTY, AS DEFINED ABOVE, BE RESPONSIBLE OR LIABLE TO YOU FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, DEATH OR DAMAGES TO PROPERTY. NOTWITHSTANDING THE FOREGOING, EVEN IF A GLOW SECURITY PARTY, AS DEFINED ABOVE, IS FOUND LIABLE FOR ANY LOSSES, AS DEFINED ABOVE, ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY ANY COVERED CLAIM, AS DEFINED ABOVE, ANY SUCH LIABILITY IN THE AGGREGATE OF ALL GLOW SECURITY PARTIES, AS DEFINED ABOVE, SHALL BE LIMITED TO THE PURCHASE PRICE OF THE SYSTEM, WHICH SHALL BE THE COMPLETE AND EXCLUSIVE REMEDY AGAINST ALL GLOW SECURITY PARTIES, AS DEFINED ABOVE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Release of Insured Losses; Waiver of Subrogation
You release all Glow Security Parties for all Losses covered by your insurance policies and for all insurance deductibles. You also waive and release any subrogation and other rights you or your insurance company may have against any Glow Security Party.
IF ANYONE OTHER THAN YOU (INCLUDING YOUR INSURANCE COMPANY) ASKS ANY GLOW SECURITY PARTY, AS DEFINED ABOVE, TO PAY FOR ANY LOSSES, AS DEFINED ABOVE, INCLUDING ATTORNEYS’ FEES ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY ANY COVERED CLAIM, AS DEFINED ABOVE; OR IN CONNECTION WITH YOUR USE OF THE SYSTEM OR ANY USE OF THE SYSTEM BY YOUR THIRD-PARTY USERS OR OTHER PERMITTEES; OR IN CONNECTION WITH YOUR BREACH OF THESE TERMS OF SALE, YOU SHALL INDEMNIFY, DEFEND AND HOLD EACH GLOW SECURITY PARTY, AS DEFINED ABOVE, HARMLESS (WITHOUT ANY CONDITION THAT ANY OF THEM FIRST PAY), FOR ALL LOSSES, AS DEFINED ABOVE, INCLUDING ATTORNEYS’ FEES, ASSERTED AGAINST OR INCURRED BY SUCH PARTIES. THE DUTY TO DEFEND ARISES UPON THE ASSERTION OF A CLAIM OR DEMAND AGAINST GLOW SECURITY AND DOES SO REGARDLESS OF WHETHER GLOW SECURITY HAS BEEN FOUND LIABLE OR WHETHER GLOW SECURITY HAS INCURRED ANY EXPENSE.
Software embedded within any Glow Security System is licensed to you under this section on a non-exclusive and limited basis, and not sold. You may use such software only in connection with the product in which it is embedded, and may not modify, distribute, copy or reverse engineer such software. Such software may contain or be provided together with open source software. Each item of open source software is subject to its own applicable license terms, which can be found at https://Glow Security.com/open-source-disclosures and/or in the software documentation or the applicable help, notices, about or source files. Copyrights to the open source software are held by the respective copyright holders indicated therein. All rights with respect to such software not licensed to you hereunder are fully reserved by Glow Security and/or its licensors; you are solely responsible to ensure your use of the System does not violate any of the licenses referenced hereunder.
Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. Certain portions of this section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Glow Security agree that Glow Security intends that this section satisfies the “writing” requirement of the Federal Arbitration Act. In the event of any dispute or disagreement between the parties, or claim or question by a party, arising from or relating to these Terms of Sale or the breach hereof (collectively, a “Dispute”), the parties hereto shall use their best efforts to settle the Dispute. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of 60 days then, upon notice by either party to the other, such Dispute shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Consumer Arbitration Rules. Once the Dispute is submitted to the AAA for arbitration and each party pays the appropriate filing fees, the parties agree to equally share all costs of AAA arbitration, including Arbitrator fees and expenses. The parties will remain individually responsible for their own attorney costs or other non-AAA required costs. If an in-person arbitration hearing is required, then it will be conducted at the American Arbitration Association’s office in Boston, Massachusetts or other location as the parties may mutually agree.
The arbitration will be heard and determined by a single neutral arbitrator selected by the AAA; the arbitrator will apply applicable law and the provisions of these Terms of Sale and will determine any Dispute according to the applicable law and facts based upon the record and no other basis. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
You can obtain the AAA procedures, rules, and fee information as follows:
In arbitration, as with a court, the arbitrator must honor the terms of these Terms of Sale and can award the prevailing party damages and other relief (including attorneys’ fees). However, WITH ARBITRATION (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. The parties agree that the arbitration shall be confidential. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU WANT TO ASSERT A DISPUTE AGAINST GLOW SECURITY THEN YOU MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN THE SECTION ENTITLED “OTHER TERMS AND CONDITIONS”) WITHIN 1 YEAR AFTER THE DISPUTE ARISES — OR IT WILL BE FOREVER BARRED.
NOTWITHSTANDING THE FOREGOING, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON ANY BASIS INVOLVING ANY DISPUTE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER PERSONS OR ENTITIES DOING BUSINESS WITH GLOW SECURITY, OR OTHER PERSONS OR ENTITIES SIMILARLY SITUATED. FURTHERMORE, ANY DISPUTE BROUGHT BY OR AGAINST GLOW SECURITY MAY NOT BE JOINED OR CONSOLIDATED IN THE ARBITRATION WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER GLOW SECURITY SUBSCRIBER, UNLESS OTHERWISE AGREED BY THE PARTIES. FURTHER, THE PARTIES ACKNOWLEDGE THAT THEY WAIVE ANY RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY DISPUTE SUBJECT TO ARBITRATION. YOU SHALL HAVE THE RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE BY PROVIDING WRITTEN NOTICE OF YOUR INTENTION TO DO SO BY EMAILING SUPPORT@GLOWSECURITY.COM WITHIN 30 DAYS OF THESE TERMS OF SALE BECOMING BINDING UPON YOU FOR THE FIRST TIME. OPTING OUT OF THIS AGREEMENT TO ARBITRATE HAS NO EFFECT ON ANY PREVIOUS, OTHER, OR FUTURE ARBITRATION AGREEMENT(S) THAT YOU MAY HAVE WITH GLOW SECURITY. IF THIS AGREEMENT TO ARBITRATE BECOMES BINDING, YOU CAN NOT CHANGE, MODIFY OR REVOKE IT (INCLUDING BY ATTEMPTING TO OPT OUT IN CONNECTION WITH ANY CONFIRMATION OF THE THESE TERMS OF SALE, AS AMENDED FROM TIME TO TIME) WITHOUT AN AGREEMENT IN WRITING SIGNED BY GLOW SECURITY. IN THE EVENT THAT YOU OPT OUT OF THIS AGREEMENT TO ARBITRATE IN ACCORDANCE WITH THIS SECTION: YOU AND GLOW SECURITY EACH HEREBY IRREVOCABLY AGREE THAT ANY SUIT, ACTION OR OTHER LEGAL PROCEEDING (“SUIT”) ARISING OUT OF OR IN CONNECTION WITH OR DUE TO ANY CLAIM OR DISPUTE THAT HAS ARISEN OR MAY ARISE BETWEEN YOU AND GLOW SECURITY MUST BE RESOLVED EXCLUSIVELY BY A STATE OR FEDERAL COURT LOCATED TOLEDO, OHIO; YOU AND GLOW SECURITY EACH CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF EACH SUCH COURT IN ANY SUCH SUIT AND WAIVE ANY OBJECTION THAT YOU OR GLOW SECURITY MAY HAVE TO JURISDICTION OR VENUE OF ANY SUCH SUIT; YOU AND GLOW SECURITY EACH CONSENT TO SERVICE OF PROCESS IN ACCORDANCE WITH THE NOTICE PROVISIONS OF THIS AGREEMENT; AND YOU AND GLOW SECURITY EACH HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY SUCH SUIT.
Trademarks, Patents, and Copyrights
Other Terms and Conditions
These Terms of Sale and all transactions on the Glow Security website are governed by Ohio law without reference to its conflicts of law rules. The interpretation of the Terms of Sale shall not be construed against the drafter.
Glow Security will not be liable for any failure to discharge its obligations under the Terms of Sale due to strikes, accidents, fires, or shutdowns of its manufacturing plant or plants supplying it or other contingencies whatsoever beyond the control of Glow Security, including those arising out of or in connection with, due to, or caused in whole or in part by emergency conditions or independent third-party actors.
All claims, actions or proceedings against Glow Security must be commenced in court within one (1) year after the cause of action has accrued, without judicial extension of time, or such claim, action or proceeding is barred. The time period in this paragraph must be complied with strictly.
Unless otherwise expressly provided herein, (i) all notices required to be given to Glow Security shall be deemed to have been duly given if in writing and mailed by certified mail, postage prepaid, or overnight delivery, by a reputable, national overnight delivery service able to confirm delivery to Glow Security’s then current principal place of business and (ii) all notices required to be given to you shall be deemed to have been duly given if in writing and sent to the e-mail address you provided to Glow Security.
You are responsible for the conduct of any user which you permit to use or control the System.
In addition to using the System in accordance with all applicable law, you further agree to be solely responsible for obtaining any applicable license or permit which may be required by the applicable municipality, as applicable.
Glow Security is free to make changes to the System and underlying components, features, and pricing at any time in its sole discretion. Features may be added, discontinued, or limited at any time. If Glow Security deems such changes to be significant and material, Glow Security may provide its revised terms and conditions, service offerings, and products via update to the Glow Security website.
All communications (including verbal or via e-mail) disclosed by you to Glow Security relating directly or indirectly to the System, as well as the components, services, and features of the System, shall be deemed and shall remain the property of Glow Security. Glow Security shall be permitted to utilize such feedback and communications to modify, improve, or redesign the System and its features. All such communications shall be expressly deemed as non-confidential and Glow Guard shall have no obligation to refrain from using said information.
Should any provision of the Terms of Sale (or portion of the Terms of Sale), or its application to any circumstances, be held illegal, invalid or unenforceable to any extent, the validity and enforceability of the remainder of the provision and the Terms of Sale, or of such provisions as applied to any other circumstances, shall not be affected thereby, and shall remain in full force and effect as valid, binding and continuing. When used in these Terms of Sale, the word “including” shall mean “including, but not limited to.”
H2: When A Few Seconds Matter:
Glow’s sensors protect all points of entry and interior spaces from intruders, fires, water damage & more.Glow’s sensors protect all points of entry and interior spaces from intruders, fires, water damage & more.Glow’s sensors protect all points of entry and interior spaces from intruders, fires, water damage & more.