Terms of service
1. OVERVIEW
This website, www.ourself.com (the “Website”), is operated by GLO Pharma, Inc. (“Company”, “we”, “us”, “our”). The Website and any content, tools, features, services and functionality offered on or through our Website are collectively referred to as the “Services.” Please read these Terms of Service carefully before accessing or using the Services. By accessing and/or using the Services, you agree to be bound by these Terms of Service. If you do not agree to these Terms, please do not use the Services. For purposes of these Terms, “you” and “your” means you as the user of the Services. Any new features or tools which are added to the Services shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We may modify these Terms from time to time, in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Website. However, it is your responsibility to check this page periodically for changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of the modified Terms.
Section 9 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes with us related to the Services through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) to waive your right to participate in class actions, class arbitrations, or representative actions in connection with your use of the Services. You have the right to opt-out of arbitration as explained in Section 9.
2. WHO MAY USE THE SERVICE
You must be 13 years of age or older and reside in the United States or any of its territories to use the Services. Minors under the age of majority in their jurisdiction but that are at least 13 years of age are only permitted to use the Services if the minor’s parent or guardian accepts these Terms on the minor’s behalf prior to use of the Services. Children under the age of 13 are not permitted to use the Services. By using the Services, you represent and warrant that you meet these requirements.
3. USER ACCOUNTS
3.1 Creating and Safeguarding your Account.To use certain functionality of the Services, you need to create an account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. You can access, edit and update your Account by logging into Shopify account. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at hello@ourself.com if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account.]
4. ORDERS FOR PRODUCTS OR SERVICES
4.1 Orders; Payments.The Services permit you to purchase certain products or services through the Services (“Offerings”). You acknowledge and agree that all information you provide with regards to a purchase of Offerings, including, without limitation, credit card, PayPal, or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice and in our sole and complete discretion, to (a) discontinue, modify, or limit the available quantity of, any Offerings, and (b) refuse to allow any user to purchase any Offering or deliver such Offerings to a user or a user designated address. When you purchase Offerings, you (i) agree to pay the price for such Offerings as set forth in the applicable Service, and all shipping and handling charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount”), and (ii) authorize us to charge your credit card or other payment method for the Full Purchase Amount. Unless otherwise noted, all currency references are in U.S. Dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. Payment can be made by credit card, debit card, or through PayPal or other means that we may make available. Credit card information is always encrypted during transfer over networks. Orders will not be processed until payment has been received in full, and any holds on your account by PayPal or any other payment processor are solely your responsibility.
4.2 Virtual Esthetician Consultation. The Offerings include a virtual consultation with an esthetician (“Esthetician Consultation”) that you may sign up for, free of charge We contract with a third party esthetician agency to offer licensed estheticians for the Esthetician Consultations. You acknowledge and agree that a Esthetician Consultation is not a substitute for regular dermatological monitoring and medical care, and that it is not intended to be for medical diagnosis or treatment of any nature. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
4.3 Subscription Payment.The Services permit you to purchase certain Offerings on an automatically renewing subscription (“Subscription”) basis. We may offer different Subscription Periods (“Subscription Periods”) for each Offering, which Subscription Period may range from 2 weeks to fourty-four (44) weeks. When you purchase a recurring Subscription for an Offering, you may choose one of the various Subscription Periods that we offer for the applicable Offering, and you acknowledge and agree that the Subscription Period you choose will determine the delivery schedule and frequency at which you receive the Offering. YOU FURTHER ACKNOWLEDGE AND AGREE THAT (A) IF YOU PURCHASE A RECURRING SUBSCRIPTION TO ANY OF THE OFFERINGS, WE MAY STORE AND CONTINUE BILLING YOUR PAYMENT METHOD (E.G. CREDIT CARD) TO AVOID INTERRUPTION OF PROVISION OF THE OFFERINGS, AND (B) WE MAY CALCULATE TAXES PAYABLE BY YOU BASED ON THE BILLING INFORMATION THAT YOU PROVIDE US AT THE TIME OF PURCHASE. We reserve the right to change our Subscription plans or adjust pricing for the Offerings in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise provided in these Terms, any price changes or changes to your Subscription plan will take effect following reasonable notice to you. All Subscriptions are payable in accordance with payment terms in effect at the time the Subscription becomes payable.
4.4 Subscription Renewals and Cancellations. YOU AGREE THAT IF YOU PURCHASE A RECURRING SUBSCRIPTION FOR ANY OF THE OFFERINGS, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE SUBSCRIPTION PERIOD FREQUENCY YOU DESIGNATE WHEN PURCHASING THE SUBSCRIPTION (OR IF NOT DESIGNATED, THEN MONTHLY) AND AT THE THEN-CURRENT RATES, AND YOUR PAYMENT METHOD WILL AUTOMATICALLY BE CHARGED AT THE START OF EACH NEW SUBSCRIPTION PERIOD FOR THE FEES AND TAXES APPLICABLE TO THAT PERIOD. We will send you an email reminding you of the start of each new Subscription Period three (3) days before the start of each new Subscription Period. TO AVOID FUTURE SUBSCRIPTION CHARGES, YOU SHOULD CANCEL YOUR SUBSCRIPTION THREE (3) DAYS BEFORE THE SUBSCRIPTION PERIOD RENEWAL DATE BY DOING THE FOLLOWING: OURSELF.COM/TOOLS/RECURRING/GET-SUBSCRIPTION-ACCESS YOU CAN CANCEL YOUR SUBSCRIPTION AT ANY TIME.
4.5 No Subscription Refunds. Except as expressly set forth in these Terms, payments for any Subscriptions to the Offerings are non-refundable and there are no credits for partially used periods.
4.6 Promotional Codes.We may offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers (“Promotional Codes”) that may be redeemed for discounts on future Offerings, or other features or benefits related to the Services, subject to any additional terms that the Company establishes. You agree that Promotional Codes: (a) must be used in a lawful manner, (b) must be used for the intended audience and purpose, (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by the Company, (d) may be disabled or have additional conditions applied to them by the Company at any time for any reason without liability to the Company, (e) may only be used pursuant to the specific terms that the Company establishes for such Promotional Code, (f) are not valid for cash or other credits or points; and (g) may expire prior to your use.
4.7 Gift Cards.We may offer tangible and/or digital gift cards containing stored money value for the purchase of Offerings (“Gift Cards”). You acknowledge that the Company does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By purchasing a Gift Card, you represent and warrant to the Company that use of the Gift Card will comply with these Terms and all applicable laws, rules and regulations, and the Gift Card will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers. Gift Cards cannot be used to purchase other gift cards, reloaded, resold, used for payment outside of the Services, used for unauthorized marketing, sweepstakes, advertising, or other promotional purposes, redeemed for more than face value, transferred for value, redeemed for cash, or returned for a cash refund (except to the extent required by law). Gift Cards do not expire, and the Company will not assess a service fee or dormancy fee with respect to a Gift Card.
4.8 Changes and Pricing.The Company may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any Offerings. While we attempt to be as accurate as we can in our descriptions for the Offerings, we do not warrant that Offering descriptions are accurate, complete, reliable, current, or error-free. If an Offering itself is not as described on the Services, your sole remedy is to return it (in unused condition). The inclusion of any Offerings for purchase through the Services at a particular time does not imply or warrant that the Offerings will be available at any other time. We reserve the right to change prices for Offerings displayed on the Services at any time, and to correct pricing errors that may inadvertently occur (and to cancel any orders in our sole discretion that were purchased with pricing errors). All such changes shall be effective immediately upon posting of such new Offering prices to the Services and/or upon making the customer aware of the pricing error.
4.9 Order Acceptance; Shipment.Once we receive your order for an Offering, we will provide you with an order confirmation. Your receipt of an order confirmation, however, does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. If you have a Subscription, we will automatically create a new order for the applicable Offering at the start of each new Subscription Period. We reserve the right at any time after receiving your order to accept or decline your order for any reason and in our sole discretion. If we cancel an order after you have already been billed, then we will refund the billed amount. Title and risk of loss for any purchases of physical products pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and notwithstanding anything to the contrary in Section 4.1, the portion of any order that is partially shipped may be charged at the time of shipment. All orders are shipped using one of our third party couriers. Online tracking may be available at our courier’s website (for example, FedEx), though we make no warranties regarding its availability because it is not under our control. While deliveries may be scheduled for a specified arrival, we cannot guarantee delivery by any specific date or time.
4.10 Return, Refund and Exchange Policy.Our Return, Refund and Exchange Policy for returns, refunds or exchanges of Offerings on the Services can be accessed at the terms and conditions of which are incorporated by reference in these Terms as if fully set forth in these Terms.
4.11 No Delivery to Children.Users are not allowed to give the Company the personal information of any persons under the age of 13 for delivery or shipping purposes or any other reason.
5. LOCATION OF OUR PRIVACY POLICY
5.1 Privacy Policy.Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy located at https://www.ourself.com/policies/privacy-policy.
6. RIGHTS WE GRANT YOU
6.1 License Grant.Subject to your compliance with these Terms, the Company hereby grants to you, a personal, worldwide, royalty-free, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms and subject to the use restrictions described below. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Company, in its sole discretion, may elect to take.
6.2 Restrictions on Your Use of the Services.You may not do any of the following, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:
(a) download, modify, distribute, transmit, display, perform, reproduce, copy, license, publish, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services;
(b) duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
(c) use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
(d) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;
(e) exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;
(f) access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party's access to or use of the Services or use any device, software or routine that causes the same;
(g) attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;
(h) circumvent, disable, degrade or otherwise interfere with any security-related feature, technological measure, or content protections of the site;
(i) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;
(j) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
(k) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
(l) use the Offerings for any illegal or unauthorized purpose or violate any applicable law or regulation in connection with your access to or use of the Services; or
(m) access or use the Services in any way not expressly permitted by these Terms.
7. THIRD PARTY SERVICES AND MATERIALS
Use of Third Party Materials in the Services. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.]
8. DISCLAIMERS
Your access to and use of the Services are at your own risk. You acknowledge and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis, and that in no event will Company be liable to you for the Offerings or your use thereof. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Company, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “the Company Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services, (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, (c) the operation or compatibility with any other application or any particular system or device, (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis, and (e) the deletion of, or the failure to store or transmit, Your Content and other communications maintained by the Services. No advice or information, whether oral or written, obtained from the Company Entities or through the Services, will create any warranty or representation not expressly made herein.
IF YOU PARTICIPATE IN AN ESTHETICIAN CONSULTATION, YOU ACKNOWLEDGE AND AGREE THAT (A) THE ESTHETICIAN CONSULTATION DOES NOT CONSTITUTE MEDICAL OR OTHER PROFESSIONAL HEALTH CARE, (B) COMPANY IS NOT A MEDICAL OR OTHER PROFESSIONAL HEALTH CARE PROVIDER, AND (C) THE ESTHETICIAN CONSULTATION IS NOT INTENDED TO REPLACE THE RELATIONSHIP BETWEEN YOU AND YOUR DOCTOR OR HEALTH CARE PROVIDER. IN NO EVENT SHALL THE COMPANY ENTITIES BE LIABLE TO YOU FOR SUB-STANDARD MEDICAL TREATMENT OR MEDICAL OR OTHER PROFESSIONAL MALPRACTICE.
9. LIMITATIONS OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE COMPANY ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR OFFERINGS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10. INDEMNIFICATION
By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Company Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation, (b) your violation of any rights of any third party, (c) your access to or use of the Services, (d) Your Content, or (e) your negligence or willful misconduct.
11. ARBITRATION AND CLASS ACTION WAIVER
11.1 Informal Process First. You agree that in the event of any dispute between you and the Company Entities, you will first contact the Company and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.
11.2 Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of the Company’s services and/or products, including the Services, will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You and the Company agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and the Company are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and the Company will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis.
11.3 Costs of Arbitration. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed ten thousand dollars ($10,000), the Company will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
11.4 Opt-Out You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to hello@ourself.com or to the U.S. mailing address listed in the “How to Contact Us” section of these Terms. The notice must be sent to the Company within thirty (30) days of your registering to use the Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, the Company also will not be bound by them.
12. ADDITIONAL PROVISIONS
12.1 SMS Messaging and Phone Calls. Certain portions of the Services may allow us to contact you via telephone or text messages. You agree that the Company may contact you via telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with your use of the Services, including for marketing purposes. These text messages may include cart reminder messages, and message frequency will vary. You understand that you are not required to provide this consent as a condition of purchasing any Offerings. You can opt out of receiving any further text messages from us at any time by replying “STOP” to any text message you receive from us, by texting “STOP” to 58437, or by contacting hello@ourself.com. If you do not choose to opt out, we may contact you as outlined in our Privacy Policy. For help, reply “HELP” to any text message you receive from us, or you can get help by emailing hello@ourself.com or by calling us at 833-456-7546. Message and data rates may apply for any messages sent to you from us and to us from you. Your wireless service provider may charge you fees for data, text messaging and/or other wireless access. Please check with your wireless service provider to determine what fees apply.
12.2 Termination of License and Your Account. If you breach any of the provisions of these Terms, all licenses granted by the Company will terminate automatically. Additionally, the Company may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If the Company deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, the Company may, but is not obligated to, delete any of Your Content. The Company shall not be responsible for the failure to delete or deletion of Your Content. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by the Company or you. Termination will not limit any of the Company’s other rights or remedies at law or in equity.
12.3 Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
12.4 California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
12.5 Forward-Looking Statements. Some of the information on the Services may contain certain projections or other forward-looking statements regarding future events or the future financial performance of the Company. Word such as “expects,” “plans,” “believes,” “goals,” “continues,” “may” and other variations of such words and similar expressions identify forward-looking statements. In addition, any statements that refer to or may imply future financial performance, our anticipated growth and trends in our businesses, and other characterizations of future events or circumstances are forward-looking statements. All such statements that are not historical facts are based on our current expectations and are subject to a number of risks and uncertainties, and the actual events or results may differ materially.
12.6 Miscellaneous. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. These Terms are governed by the laws of the State of California, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth in Section 9, or if arbitration does not apply, then the state and federal courts located in San Diego County. You and the Company agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.
12.7 How to Contact Us. You may contact us regarding the Services or these Terms at: 2180 Caribou Court, Suite 130, Carlsbad, CA 92010, by phone at 833-456-7546 or by e-mail at hello@ourself.com.