REGEN® Technology Terms of Service for Wholesale Accounts
Last updated on: February 28th, 2025
By signing up for the GlyMed Plus REGEN Technology Framework services and accessing the GlyMed Plus REGEN website, you are agreeing to be bound by the following terms and conditions ('Terms of Service'). These Terms of Service are important and affect your legal rights, so please read them carefully (including the arbitration and class action waiver provisions). Note that Section 18 of these Terms of Service contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes. GlyMed Plus REGEN (also referred to herein as "GlyMed Plus," "us," "we," or "our" as the context may require) offers services (the or our ‘Services’) under these Terms of Service that include our website, various products, product literature and other product and professional service materials, and various online services to help you thoroughly understand and use GlyMed Plus's product offerings and more effectively market and sell GlyMed Plus-related goods and Services to your buyers. Any new features or tools which are added to the current Services shall also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://media.prod.glymedplus.com/static/termsofservicepro.html.
GlyMed Plus REGEN reserves the right to update and change the Terms of Service by posting updates and changes to the GlyMed Plus website. We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, our Services (or any features, products, or parts thereof) at any time, and any such changes shall be subject to our Terms of Service. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
You must read, agree with, and accept all of the terms and conditions contained in this Terms of Service agreement and our Privacy Policy before you may become a GlyMed Plus REGEN user. If you do not agree to every provision of these Terms, you may not, and we do not authorize you to, access or use our Services or any features provided therein. By accessing or using our Services, you represent and warrant that you have not been previously suspended or removed from our Services or engaged in any activity that could result in suspension or removal from our Services.
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Account Terms
Your Responsibilities
You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
To access and use the Services, you must register for a GlyMed Plus REGEN account ('Account') by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required.
You are responsible for keeping your information updated and your password secure. GlyMed Plus REGEN cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. You agree to (a) provide accurate, current and complete information, (b) maintain and promptly update, as necessary, your information, (c) be responsible for the acts or omissions of any third party who has authority to access or use our Services on your behalf, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to our Services. If you provide information that is untrue, inaccurate, not current, or incomplete, we may suspend and/or terminate your current or future use of our Services.
By providing information, you consent to receive electronic communications from GlyMed Plus REGEN, including any GlyMed Skincare Professional (‘GMS Professional’) assigned to you. To facilitate your participation in the Services, we may provide your GMS Professional with information about you and your Account, including, but not limited to, your name, email, and any order details.
If you are signing up for a GlyMed Plus REGEN PRO account, you must have a license to practice skin care procedures and provide us documentation of your professional license, in addition to the other information listed above. GlyMed Plus REGEN may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion. All terms herein applicable to GlyMed Plus REGEN accounts shall also apply to GlyMed Plus REGEN PRO accounts.
We may provide any notice to you under these Terms of Service by sending a message to the e-mail address you provide or posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current, and you acknowledge that GlyMed Plus REGEN will use the email address you provide as the primary method for any specific communication to you.
We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to us at the following contact: legal@glymedplus.com. Any notices to you may be made via either e-mail or postal mail to the address in our records or via posting on our Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
Persons with disabilities who need assistance accessing these Terms may contact us as provided for in this Section, and depending on your individual needs, we will grant reasonable requests to furnish these Terms in an alternative format.
You are responsible for keeping your information updated and your password secure. GlyMed Plus REGEN cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
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Account Activation
The person signing up for the Services will be the contracting party ('Account Owner') for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Services. To open a REGEN Pro Account, you must provide a valid esthetics license number to GlyMed. By providing the license number, you represent and warrant that your license is valid and current in the jurisdiction in which you practice.
If you are a licensed esthetician signing up for the Services on behalf of your employer or other business entity whom you represent, your current and valid esthetics license number must still be provided, in addition to the Federal Tax ID number for the employer/business. Your employer or business you signed up on behalf of, however, shall be the Account Owner, and an authorized representative of your employer must consent to these Terms of Service in order to commence a REGEN Pro Account. In signing up for the Services as an authorized representative of and on behalf of an employer you hereby represent and warrant that you have the authority to bind your employer to these Terms of Service.
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General Conditions
Third-Party Information
We have not reviewed all of the websites linked to our Services and are not responsible for the content of any third-party pages, any other websites linked to our Services, or any products or services offered by third parties. Nothing in our Services, including, without limitation, any links to other websites, should be construed as an endorsement by us of any products, services or information of any other persons or companies. Your choice to access a link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. We reserve the right not to link, or to remove the link, to a particular website at any time.
Any links to third-party websites are provided as a convenience to you and are neither owned nor operated by us. We have no control over these linked websites and make no representations or warranties with respect to these linked websites or third-party products or services. Your viewing and use of any third-party websites is at your sole discretion and risk.
Governing Law and Jurisdiction
The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Utah and the laws of the United States of America applicable therein, including, without limitation, their interpretation, construction, performance, and enforcement, and including its statutes of limitation, without regard to conflicts or choice of laws principles. Subject to GlyMed's unilateral arbitration rights in Section 18, any legal suit, action or proceeding arising out of or relating to these Terms of Service shall be instituted exclusively in the Fourth District Court for Utah County (Provo), or, if federal diversity jurisdiction is applicable, in the U.S. District Court for the District of Utah. By opening an account, you hereby irrevocably and unconditionally submit to the exclusive jurisdiction and venue of such courts with respect to any dispute or claim arising out of or in connection with the Terms of Service and waive any objection to same on grounds of forum non conveniens or any other similar grounds. With respect to any legal suit, action or proceeding brought by us or you in a court of law against the other, the parties agree to waive any right to a trial by jury and covenant that neither of them will request a trial by jury in any such litigation.
Changes to Terms of Service
These Terms of Service are subject to change by us without prior written notice at any time, in our sole discretion, and you acknowledge and agree we may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on GlyMed Plus REGEN's website, available at https://media.prod.glymedplus.com/static/termsofservicepro.html. All such amendments to the Terms of Service are effective as of the date of posting, i.e., the "Last Updated Date" referenced on the Site. Your continued use of the Services after the amended Terms of Service are posted to GlyMed Plus REGEN's website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, you should notify GlyMed Plus of your desire to terminate your Account and the Services hereunder (see Section 13 below), and immediately discontinue any use of the Services, in addition to returning to GlyMed Plus or destroying any written information or materials provided to you by GlyMed Plus as a part of and during the course of the Service.
Authorized Use of Service; Compliance with Laws
You may not use the GlyMed Plus REGEN Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any applicable laws (including but not limited to copyright laws), including local laws and regulations in your jurisdiction or those applicable to you in your customer's jurisdiction. In opening your Account, you represent and warrant you will comply with all applicable laws, rules, and regulations in your use of the Services, and will obtain and maintain all necessary licenses and consents in relation to the Services or the sale, use or application of any GlyMed Plus products.
Privacy and Data Protection
Please review our Privacy Policy to understand how we collect, use, and share information about you. GlyMed Plus REGEN is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Services, you acknowledge and agree that GlyMed Plus REGEN's collection, usage and disclosure of this personal information is governed by our Privacy Policy, and consent to all actions taken by us with respect to your information or your customer's information in compliance with the Privacy Policy.
You acknowledge and agree that your use of the Services, including information transmitted to or stored by GlyMed Plus REGEN, is governed by its Privacy Policy at https://media.prod.glymedplus.com/static/privacy.html.
You understand that any information you provide us (not including credit card information), may be transferred unencrypted over various networks, and be modified to conform and adapt to the technical requirements of connecting networks or devices. Notwithstanding the foregoing, credit card information is always encrypted during transfer over networks.
Alternative Languages
The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and GlyMed Plus REGEN's Terms of Service available in another language, the most current English version of the Terms of Service at https://media.prod.glymedplus.com/static/termsofservicepro.html will prevail.
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GlyMed Plus REGEN Rights
We reserve the right to modify or terminate the Services for any reason, without notice at any time. We reserve the right to cancel orders or refuse to allow orders or limit quantities involved in such orders at any time, both as to Services and any products. We also reserve the right to refuse the Services to anyone for any reason at any time.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any GlyMed Plus REGEN customer, GlyMed Plus employee or representative, or professional account will result in immediate termination of your Account.
We reserve the right to provide the Services to your competitors and make no promise of exclusivity in any particular market segment with respect to such Services or any GlyMed Plus products.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, esthetics license, government issued photo ID, the last four digits of the credit card on file, etc.
GlyMed Plus REGEN retains the right to determine, in our sole judgment, rightful Account ownership and to transfer any Account to the rightful owner as determined solely by GlyMed Plus REGEN. If we are unable to reasonably determine the rightful Account owner, GlyMed Plus REGEN reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
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Limitation of Liability and Indemnification
IN IN REGISTERING FOR AN ACCOUNT AND USING THE SERVICE, YOU EXPRESSLY UNDERSTAND AND AGREE AS FOLLOWS:
Limitation of Liability
GLYMED PLUS REGEN SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GLYMED PLUS REGEN OR OUR SUPPLIERS BE LIABLE TO YOU, YOUR EMPLOYER, YOUR CUSTOMERS, OR ANY THIRD PARTIES FOR ANY (1) SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, (2) LOST PROFITS, LOST REVENUE, LOSS OF USE, LOST OPPORTUNITY, LOST GOODWILL, LOST REPUTATION, LOST INCOME, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, DAMAGES FOR BUSINESS INTERRUPTION, OR LOST DATA, (3) THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICES, OR (4) ANY OTHER INTANGIBLE LOSSES OF ANY KIND OR NATURE ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH OUR SITE, SERVICE, OR PRODUCTS OR YOUR ACCOUNT AND THESE TERMS OF SERVICE (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM US, OR FROM EVENTS BEYOND OUR REASONABLE CONTROL), REGARDLESS OF THE FORM OF ACTION, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER WE OR YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ALL CASES, OUR SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY REASON AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER SHALL NOT EXCEED THE TOTAL AMOUNT OF THE PURCHASES OF GLYMED PLUS PRODUCTS MADE THROUGH YOUR ACCOUNT FOR THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM FOR SUCH LIABILITY.
THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE OUR SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Indemnification
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS GLYMED PLUS AND (AS APPLICABLE) ANY OF GLYMED PLUS'S PARENTS, SUBSIDIARIES, AFFILIATES, GLYMED PLUS REGEN PARTNERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND SUPPLIERS (COLLECTIVELY 'GLYMED INDEMNITEES') FROM AND AGAINST ANY LOSS, INJURY, DEATH, DAMAGE, LIABILITY, CLAIM, DEFICIENCY, ACTION, SETTLEMENT, JUDGMENT, INTEREST, AWARD, PENALTY, FINE, COSTS, FEES (INCLUDING IMPORT AND EXPORT CUSTOMS FEES), OR EXPENSES (INCLUDING REASONABLE ATTORNEY AND PROFESSIONAL FEES AND COSTS, AND THE COST OF ENFORCING ANY RIGHT TO INDEMNIFICATION HEREUNDER AND/OR THE COST OF PURSUING ANY INSURANCE PROVIDERS), INCURRED BY OR IMPOSED UPON GLYMED PLUS OR THE GLYMED INDEMNITEES IN CONNECTION WITH (1) YOUR BREACH OF THESE TERMS OF SERVICE, INCLUDING ANY POLICY OR OTHER AGREEMENT INCORPORATED BY REFERENCE HEREIN, OR YOUR NONFULFILLMENT OF ANY REPRESENTATION, WARRANTY OR COVENANT SET FORTH HEREIN, (2) YOUR NEGLIGENCE, IMPROPRIETY, OR OTHER ERRORS OR MISCONDUCT IN THE PURCHASE, SALE, RESALE, APPLICATION, USE OR MARKETING OF OUR SERVICES OR PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY ACT (OR FAILURE TO ACT) BY YOU OR YOUR EMPLOYEES OR REPRESENTATIVES IN CONTRAVENTION OF ANY SAFETY PROCEDURES OR INSTRUCTIONS PROVIDED BY GLYMED PLUS, OR (3) YOUR VIOLATION OF ANY APPLICABLE LAW OR THE RIGHTS OF A THIRD PARTY IN THE USE, APPLICATION, SALE OR MARKETING OF ANY GLYMED SERVICE OR PRODUCT. YOU FURTHER AGREE THAT WE SHALL HAVE CONTROL OF THE DEFENSE OR SETTLEMENT OF ANY THIRD-PARTY CLAIMS UNLESS WE EXERCISE OUR OPTION TO REQUIRE YOU TO DEFEND US. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND GLYMED PLUS REGEN.
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Assumption of Risk, Disclaimer of Warranties, and Suggested Applications and Uses
Assumption of Risk and Disclaimer of Warranties
YOUR USE OF THE SERVICES AND ANY GLYMED PRODUCTS IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN 'AS IS', ‘WITH ALL FAULTS’, AND 'AS AVAILABLE' BASIS WITHOUT ANY WARRANTY WHATSOEVER, EXPRESS, STATUTORY, OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, THAT ANY RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS, IN REGARD TO OUR SERVICES, ANY CONTENT, ANY USER CONTENT, OR SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM OUR SERVICES. THESE TERMS OF SERVICE DO NOT AND SHOULD NOT BE INTERPRETED TO PROVIDE ANY WARRANTIES FOR THE SERVICES OR PRODUCTS PURCHASED THROUGH REGEN PLUS, AND ANY SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED.
Specifically, GlyMed Plus REGEN does NOT warrant or guarantee that the Services will be uninterrupted, timely, secure, or error-free; that defects will be corrected; that our Services or servers that make our Services available are free from any harmful components, including, without limitation, viruses; that the results that may be obtained from the use of the Services or information about the Services will be accurate, complete, useful, or reliable, or that the quality of any products, services, information, or other materials provided or sold by GlyMed Plus to you will meet your or any third-party expectations, or that any alleged ambiguities, inaccuracies, or errors in the Services will be corrected to your satisfaction.
Application and Use
Any information presented by GlyMed Plus as part of the Services is made available solely and exclusively for general informational purposes. Any reliance you place on such information, including the use of any Products, is strictly at your own risk, and we expressly disclaim all liability and responsibility arising from any reliance placed on any information, Products, or materials received through the Services by you or your representatives or customers.
You should not construe our publication of any content found on our Services as an endorsement by us of the views expressed therein, or any warranty or guarantee of any strategy, recommendation, treatment, action, or application of medication or preparation made by the author of such content.
Your use of the Services shall merely supplement, and not supplant or replace, your existing knowledge, experience, skill, and training in the professional skin care industry. Any suggestions as to product application, use and suitability made by GlyMed Plus REGEN and provided through the Services are shared in good faith, but in no case should replace the independent skill and judgment of licensed estheticians or other skin care professionals providing professional skin care services to customers. In all cases, you agree and acknowledge that you assume exclusive and final responsibility for accepting and using such suggestions and any related Services provided by GlyMed Plus REGEN. Similarly, GlyMed Plus makes no warranty whatsoever with respect to the suitability of any GlyMed Product for specific customers and it is agreed and acknowledged that you assume sole responsibility for determining whether any such Products are suitable for the intended application and use of you or your customer.
You acknowledge that your use of our Services is at your sole risk.
United States Company
The Services are hosted in the United States of America. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer.
We do not warrant that your use of our Services is lawful in any particular jurisdiction. We specifically disclaim all such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction’s law is applicable to you and these terms. By accessing or using our Services you represent and warrant that your activities are lawful in every jurisdiction where you access or use our Services.
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Insurance Coverage
To the extent you are using the Services in connection with the marketing and sale of any GlyMed Plus Products or the use of any GlyMed Product as part of your provision of professional skin care services to customers, you explicitly represent, warrant, and covenant that you shall, at all relevant times and at your sole expense, maintain Comprehensive General Liability Insurance with a policy limit of no less than $1,000,000 per occurrence and $3,000,000 year. In the event of any claims involving your purchase, sale, or use of a GlyMed Plus Product, GlyMed Plus shall be considered an additional insured under such policy, and all rights of subrogation against GlyMed Plus shall be waived.
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Waiver, Complete Agreement, and Severability
The failure of GlyMed Plus REGEN to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The waiver of any right or provision by GlyMed Plus will be effective only if in writing and signed by a duly authorized representative of GlyMed Plus.
The Terms of Service and Privacy Policy constitute the entire agreement between you and GlyMed Plus REGEN with respect to, and govern your use of, the Services, superseding any prior agreements between you and GlyMed Plus REGEN, whether verbal or written with respect to the same subject matter (including, but not limited to, any prior versions of the Terms of Service).
If any term, clause, or provision of these Terms of Service is or is declared invalid, illegal, void or unenforceable, then that specific term, clause, or provision will be deemed severed from these Terms of Service and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provisions of these Terms of Service.
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Intellectual Property and Customer Content
GlyMed Plus REGEN Intellectual Property
GlyMed Plus REGEN shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Services and any GlyMed Plus Products.
All GlyMed Plus Services and all content and other materials contained therein, including, without limitation, any GlyMed Plus REGEN logos, images, icons, service mark(s), designs, text, graphics, pictures, information, data, software, other files, and textual content, and the selection and arrangement thereof, are and shall at all times remain the sole property of GlyMed Plus. All uses of such GlyMed Plus logos, images, icons, and textual content or other GlyMed Plus content are bound by the GlyMed Plus Image, Trademark and Brand Usage Guidelines, which are incorporated herein.
If you are using an Account in order to assist in the marketing and sale of GlyMed Plus Products to customers and are operating a GlyMed Plus REGEN Retail store, GlyMed Plus will grant the Account Owner a limited, nonexclusive license to use GlyMed Plus Trademarks for the sole purpose of assisting the Account Owner in the promotion, marketing and sale of GlyMed Plus Products through its GlyMed Plus REGEN Retail store, provided you agree and warrant that you shall not list, market, advertise, or sell any GlyMed Plus Products on any third party website. Any limited, nonexclusive license granted by GlyMed Plus is revocable at will and shall terminate immediately upon termination of the Account and discontinuation of the Services.
In all circumstances, GlyMed Plus is and shall remain the sole and exclusive owner of all intellectual property rights in and to the Services and each Product or Service provided hereunder, including any related copyrights, patents, trademarks, or other intellectual property rights. All rights not expressly granted herein are reserved. In agreeing to these Terms of Service, you agree and acknowledge you do not have and will not acquire any ownership of intellectual property rights in or to such Products or Services other than to use the Services in accordance with the rights granted by, and subject to all terms, conditions and restrictions of these Terms.
Any use of our Services or content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the right of access and use granted herein. You are not authorized to (a) use any data mining, robots or similar data gathering or extraction methods; (b) use our Services to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (c) interfere with our Services or servers or networks used in connection with our Services; (d) or use our Services or Content other than for their intended purposes. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as expressly permitted herein, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright, or other proprietary rights of us or any third party, whether by estoppel, implication or otherwise.
You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit any content.
Customer Content
You are solely responsible and liable for all data, information, and other materials (“User Content”) that you submit, upload, post, e-mail or otherwise transmit (“Transmit”) in connection with our Services. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation, republication) or misuse by any third party of information made public through our Services. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND WE SHALL HAVE NO LIABILITY THEREFOR.
You agree that you will not, and will not permit anyone else to, directly or indirectly: (a) Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable; (b) Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data; or (c) forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through our Services.
Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on our Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on our Services at your sole cost and expense.
We do not claim any ownership interest in User Content. However, by uploading, posting or submitting User Content to our Services or to our pages or feeds on third-party social media platforms (e.g., our Facebook page, LinkedIn page or X formerly Twitter feed), you hereby grant us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes. However, we will only share personal information that you provide in accordance with our Privacy Policy.
You agree that we may disclose or use any User Content for any purposes permitted under applicable law, including, but not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting our rights or property, or that of our customers or the public.
You can submit questions, comments, suggestions, ideas, original or creative materials or other information about us or our Services (collectively, “Feedback”). Feedback shall become our sole property. We shall own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Copyright Infringement
If you believe in good faith that any of the content on the Services infringes your copyright, please provide our copyright agent the following written information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Services; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
GlyMed’s copyright agent for notice of claims of copyright infringement can be reached as follows:
Attn: Eric Jeppsen
Bennett Tueller Johnson & Deere
3165 E. Millrock Drive, Suite 500
Salt Lake City, Utah 84121
Email: ejeppsen@btjd.com -
No Assignment
These Terms of Service do not and are not intended to confer any rights or remedies upon any person or entity other than you.
You will not assign any of your rights or delegate any of your obligations under these Terms of Service without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Service.
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Relationship of Parties
As a condition to you use of the Services, you agree and acknowledge that: (1) you are not an agent for GlyMed Plus, (2) you have no authority to act for or on behalf of or otherwise bind GlyMed Plus, and (3) you shall not hold yourself out as having or otherwise represent to any existing or prospective customer that you have any right, power, or the authority to act on GlyMed Plus's behalf or contractually or legally bind GlyMed Plus. You further agree and acknowledge you will not take any action or omit to take any action which would cause any third party to reasonably believe that you represent GlyMed Plus or have any right, power, or authority to bind GlyMed Plus.
The relationship between the parties is that of independent contractors. Nothing contained in these Terms of Service shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
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GlyMed Plus REGEN Shipping
Currently, regardless of the location for delivery, all shipping originates from our fulfillment facility located in Provo, Utah. However, we reserve the right to ship from other locations as needed to efficiently fulfil any order made through your Account.
As part of these Terms of Service, you represent and warrant that any Service and Products provided to you are for domestic use only and not for international export. You further represent and warrant that all Product purchases are intended for final delivery to locations solely and exclusively within the United States.
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Payment of REGEN Retail Revenue Shares
If you are an Account Owner operating a GlyMed Plus REGEN Retail Store in order to sell GlyMed Products directly to your customers, the GlyMed Plus REGEN Retail Store is governed by these Terms of Service and shall at all times be subject to GlyMed's exclusive approval and control. As a condition of operating a GlyMed Plus REGEN Retail Store and accepting Revenue Share payments for associated sales of GlyMed Plus Products, you represent and warrant that you shall refrain from listing, marketing, advertising, distributing, or selling any GlyMed Plus Products on any third party website and are otherwise in compliance with all other terms and conditions set forth herein.
Payment for GlyMed Plus Products purchased by your customers through your GlyMed Plus REGEN Retail Store (‘Customer Payments’) shall be made directly to GlyMed Plus. Customer Payments are subject to a Revenue Share with the Account Owner as stated below.
Each Revenue Share will be calculated by multiplying each order subtotal (before sales tax and shipping) by the Revenue Distribution percentage set by GlyMed Plus. GlyMed Plus REGEN strives to ensure timely payouts for REGEN Retail Revenue Shares. We reserve the right to adjust the timing and method of payment of REGEN Retail payouts. We compute your payout balance as the sum of all REGEN Retail order revenue shares starting from 12:01 am on the first day of each month and ending at 12:00 am on the final day of the same month. Payouts are distributed on or before the tenth business day of each following month using the banking information you have entered into our system for such purpose.
Conversion to REGEN Reward Points
It is the Account Owner’s responsibility to ensure banking information associate with the account is correct. If an electronic banking or ACH payment method fails to process due to any inaccuracy in your banking account information, we will assess a $10 reprocessing fee to your account. If you have failed to correct any incorrect electronic banking or ACH payment information within 90 days of notification of this failure to process payment, any Revenue Share you are entitled to will instead be reissued to you as REGEN Reward points. For more information on REGEN Reward points, please see https://glymedplus.com/regen-resources.
Chargebacks
If a customer disputes payment for an Order with their credit card issuer (commonly known as a chargeback), we reserve the right to suspend the related GlyMed Plus Account until the amount of the chargeback is remunerated to us.
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REGEN Retail Cancellation and Termination
You can notify us at any time to deactivate your GlyMed Plus REGEN Retail store at any time by emailing your GlyMed Plus account representative or Business Coordinator.
Upon deactivation of the REGEN Retail Services by either party for any reason:
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Your REGEN Retail store will be taken offline.
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Your REGEN Retail store will cease providing you with REGEN Retail-related Services, and your clients will no longer be able to access your REGEN Retail store.
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You will not be entitled to any future revenue share payments.
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If at the date of deactivation of the Services, there are any outstanding revenue share balance owed to you, you will receive one final revenue share payment.
We reserve the right to modify or terminate the GlyMed Plus REGEN Retail Services or your Account for any reason, without notice at any time.
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Modifications to the ServiceS and Revenue Distribution
The Revenue Share and Revenue Distribution are subject to change upon 30 days' notice from GlyMed Plus REGEN. Such notice may be provided at any time by posting the changes to the GlyMed Plus Site (https://media.prod.glymedplus.com/static/termsofservicepro.html).
GlyMed Plus reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice.
GlyMed Plus shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.
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SMS Marketing
By providing your mobile phone number, you agree to receive marketing text messages from GlyMed Plus REGEN at the number provided, including messages sent by an automatic telephone dialing system. The number of SMS messages you receive will vary based on your interaction with the GlyMed Plus REGEN and your purchase activity. We will not be liable for any delays in the receipt of any SMS messages connected with our Services. Delivery of SMS messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. Consent to receive marketing text messages is not a condition of any purchase. Message and data rates may apply.
If you wish to stop receiving marketing text messages from GlyMed Plus REGEN, you can reply STOP to any text message from GlyMed Plus REGEN, after which you will receive one additional message confirming that your request has been processed; or (2) you can modify your SMS preferences to opt-out of SMS text messages on your profile page on our website by logging in to your account at https://glymedplus.com/login. If you need assistance with our SMS feature, you can use the chat feature on our website at https://glymedplus.com/ or contact our customer service by calling 800-676-9667 or emailing info@glymedplus.com.
We reserve the right to change these SMS Terms and Conditions at any time. We will notify you of any changes by posting the new terms and conditions on this page. Your continued use of the SMS service after the effective date of any changes constitutes your acceptance of such changes. Please also review our Privacy Policy, linked in Section 3 above, to understand how we collect, use, and share information about you.
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Product Returns
Any GlyMed Plus Products purchased by you through your Account or sold through your GlyMed Plus REGEN Retail Store may be returned to GlyMed Plus in accordance with the GlyMed Plus Return Policy, which is incorporated herein and available for review at: https://media.prod.glymedplus.com/static/glymed_plus_returns_policies.html. GlyMed Plus Terms and Conditions of Sale shall apply to any GlyMed Plus Products purchased by you through your Account or sold through your GlyMed Plus REGEN Retail Store.
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Venue and Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH CLIENT AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
YOU AND GLYMED PLUS AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICES SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION GOVERNING CONSUMER DISPUTES.
In the event there is a dispute, controversy or claim arising out of or relating to these Terms of Service, you agree to provide GlyMed Plus at least thirty (30) days advance written notice before initiating any legal action or proceedings. With respect to all such disputes, controversies or claims, each party shall have the right to initiate binding arbitration in lieu of legal action at any time following its receipt of your notification of the dispute, controversy, or claim, provided that once any formal legal action or process has been initiated, such party must make such election within sixty (60) days following its receipt of service of process. If a party elects arbitration as set forth herein, each party irrevocably submit to the jurisdiction of the arbitrator and waive any objection to the arbitration, including any defense predicated on lack personal jurisdiction, or improper or inconvenient forum. Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief under these Terms of Service that a court can award under these Terms of Service.
The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, conducted in Provo, Utah unless otherwise prohibited by law, administered by a reputable arbitration provider chosen by GlyMed Plus, and resolved using a single neutral arbitrator appointed in accordance with the rules of the chosen arbitration provider. The arbitration shall be completed, and a reasoned award stating in writing the findings of fact and conclusions of law that support the arbitrator's decision within twelve (12) months of the date the arbitrator is appointed in writing. No discovery shall be permitted, other than the exchange of expert reports, if applicable. Each party, however, shall exchange any documents or materials relied on by that party in support of its position sufficiently in advance of any merits hearing, such that the other party has a meaningful opportunity to review such materials and respond accordingly before or during the hearing.
The award rendered by the arbitrator shall be final. Judgment upon the award rendered by the arbitrator may be entered by any court of competent jurisdiction. The costs of the arbitration shall be borne equally by the parties.
This arbitration provision shall survive termination of these Terms of Service and the termination of your use of our Services. Further, unless both you and GlyMed Plus agree otherwise, the arbitrator may not join or consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Class Action Waiver
REGARDLESS OF THE FORUM, YOU AND GLYMED PLUS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Have a question? Please email GlyMed at info@glymedplus.com, call us at 800-676-9667, or contact your account manager.
GlyMed, The Brand of the Skincare Professional.™