Terms of service

TERMS AND CONDITIONS OF SERVICE FOR RESIDENTIAL GLASS PICKUP

These Terms and Conditions of Service (“Terms”) apply to any use of the products and services provided by Glass Half Full, Inc. (“Glass Half Full,” “we,” or “us”), including our Glass Half Full Pickup subscription service (the “Pickup Service”) for the residential pickup and disposal of recyclables, use of the Glass Half Full crate (the “Crate”), reservation program, and websites (collectively, the “Services”). Your agreement to these Terms are required in order for you to use the Services.

Please note that Section 13 contains a mandatory arbitration provision and class action waiver, which requires you to arbitrate certain disputes and claims with us and limits the manner in which you can seek relief from us. Except as specified in Section 13, this provision requires that disputes be resolved solely through individual arbitration and not as a class arbitration, class
action, or any other type of representative proceeding.

If you have any questions or if you have to notify us for any reason, you should visit our FAQ page or contact our customer support team through our website, or at pickups@glasshalffull.co. Our support team can assist with things like subscription or payment-related questions, missed pickups, and questions about what can and cannot go into a Crate. Customer support provided over the phone may be recorded for training and quality purposes.

1. ELIGIBILITY
a. Account. To participate in or receive any of our Services, you must register for an account. You are responsible for ensuring that any information you provide to us is accurate and remains accurate. You are also responsible for maintaining the security of your account credentials, and you agree to use a “strong” password that you don’t use on other services. It is your responsibility to promptly notify us if you discover or suspect any unauthorized use of your account.
b. Age. You must be at least 18 years of age to purchase a Pickup Service.
c. Location. The Pickup Services are only available in the zones identified on the Glass Half Full Pickups website. We may add or subtract locations from time to time. The availability of Pickup Services and amount of pickup fees and other fees may vary among locations. You agree that the address in your account is the address where you use your Crate. Before using your Crate at another address, you must update the address connected to your account.
d. Other Users. If you use our Services on behalf of another person or entity, (i) you agree to these Terms on behalf of yourself and that person or entity, (ii) you represent that you are authorized to agree to these Terms on that person’s or entity’s behalf, and (iii) all references to “you” throughout these Terms other than this sentence will include you and that person or entity.

2. GLASS HALF FULL PICKUP SERVICES
a. Components. Your Pickup Service is comprised of the following: (i) use of a Crate, (ii) Glass Half Full’s pickup and disposal of the recyclables in the Crate, (iii) access to our support team, and (iv) additional gifts, offers, credits, and other benefits we may provide at our discretion.
b. Pickup Fees. To enroll in Pickup Services, you must pay a one-time set up fee (the “Set-Up Fee”) and a subscription fee that may be paid monthly or annually (the “Pickup Fees”). The amount of your Pickup Fees and your selected plan type (monthly or annual) will be displayed in your account under, “Manage Subscriptions.” If you subscribe to monthly Pickup Fees you will be billed on the same day of the month as your billing period start date. You will also be responsible for all taxes pursuant to Section 5(b) below. You agree to pay, and authorize us to automatically charge, the Pickup Fees, costs related to damaged Crates and any taxes we determine are applicable, to your designated payment method at the start of every new billing period, until your subscription is canceled or terminated in accordance with these Terms. If you change the type of Pickup Fees you subscribe to, the change will take effect immediately after the end of your current billing period.
c. Change in Fees. We reserve the right to change the Set-Up Fee and Pickup Fees. If the amount of your Pickup Fees is going to change (other than a change in taxes), we will notify you of the new amount to be charged and the date of the charge in advance.
d. Collection Days. You shall provide safe, unobstructed access to the Crate on the collection day. You agree and acknowledge that on collection days, for the purpose of fulfilling the Pickup Service, any and all agents and employees of Glass Half Full (each a “Collector,” and collectively, “Collectors”) are permitted to enter on to your property as your invitees for the purpose of collection. You agree to maintain the correct address for Pickup in your Account. If applicable, you agree to place the Crate in
a visible, accessible location (other than the curb) by 6:30 A.M. Central Time on collection days. Once the Glass Recyclables, as defined below, are picked up, they cannot be returned. You acknowledge and agree that we may inspect your Glass Recyclables to assess their quality from time to time. We may provide you with reports on the results of our assessments to help ensure your Glass Recyclables meet requisite quality standards and advise you on ways to improve future collections.
e. Suspension or Termination of Pickup. We reserve the right at any time and with or without notice, at our sole discretion, to limit, modify, suspend, terminate or stop providing our Services and/or your ability to schedule Glass Recyclable pickups. We are not responsible for any loss or harm related to your inability to access or use our Services. In the event that we terminate or suspend our Services, billing will be terminated following final pickup or suspended until Services resume. If you are billed annually, you will be refunded the portion of the Pickup Fees for the remainder of the year, not including the month of the termination. If we suspend our Services, you will not be billed during suspension.
f. Cancellation. Pursuant to this Section, you may cancel your subscription to the Services at any time provided, however, you must notify us of your intent to cancel your subscription at least 24 hours before the end of your current billing period, otherwise you will be charged as scheduled. Cancellation of your Pickup is only effective once every Crate in your use has been picked up. You may cancel your subscription in the account section of our website or by contacting our support team.If you do not want Glass Half Full to pick up your Crate(s) you may contact our support team regarding your delivery of the Crate(s). If your Crate(s) is lost, stolen, or otherwise cannot be returned, you agree to contact our support team immediately. If you choose to cancel and return your Crate(s) during a billing period, your monthly payment will count towards your final Pickup. If you choose to cancel and return your Crate(s) during a billing period, you will forfeit the remainder of the month or year, as applicable, during that billing period. Pickup Fees are nonrefundable and there are no refunds or credits for canceling in the middle of a billing period.

3. GLASS HALF FULL CRATE
a. Delivery. You must follow the instructions we provide to receive a Crate. You bear full risk of loss of and damage to the Crate upon receipt until returned, except to the extent such damage is caused by the gross negligence or willful misconduct of our employees. You agree to inspect your Crate upon receipt and notify us immediately if you find it to be damaged or defective in anyway. If you fail to notify us of any such damage or defects upon receipt, you acknowledge the Crate was damage-free
defect-free when delivered.
b. Use. You may only use your Crate provided by us and in accordance with our instructions, including any instructions provided by our support team. You agree that you will not give or lend your Crate to anyone else. You must protect your Crate against damage, tampering, theft, and misuse, except for normal wear and tear. You agree to notify our support team immediately if your Crate is lost or stolen. You agree to take reasonable precautions to secure the Crate, including placing the Crate in a
secure location in the event of a foreseeable extreme weather event.
c. Prohibited Materials. You agree that you will not place anything in your Crate that may damage, degrade, or harm the Crate, or that poses a safety risk to yourself or others (“Prohibited Materials”). You agree to place any tops, caps, and corks (“Non-glass Recyclables”) in a separate recyclable receptacle for separate recycling purposes. You agree that it is your sole responsibility to ensure Prohibited Materials are not added to your Crate and you agree that it is your sole responsibility to
ensure that Non-glass Recyclables are separated from the glass in the Crate. Please see our FAQs – Glass Half Full Pickups for suggestions on how to separate the Non-glass Recyclables from the Glass Recyclables, including the use of paper bags and envelopes. If you are unsure if something is a Prohibited Material, please contact our support team.
d. Crate Maintenance. You agree to maintain your Crate(s) in the same condition delivered to you, except for normal wear and tear.
e. Ownership. Any Crate in your use is the exclusive property of Glass Half Full. Any Crate(s) we provide are rentals subject to your having an active subscription, and we retain ownership of the Crate(s) at all times. Nothing – including payment of charges for unreturned, lost, stolen, or damaged Crates – will result in a sale of, or transfer of title to, any of our Crates.

4. GLASS RECYCLING
a. Transfer of Glass Recyclables. You understand and agree that glass materials placed in any Crate (“Glass Recyclables”) are your personal property and have value based on their reusability. If you choose to participate in the Pickup Services and provide any Glass Recyclables to us, you are doing so freely because you believe there is additional value in Glass Half Full doing so for various reasons, including keeping your Glass Recyclables out of the waste stream. Title to any Glass Recyclables you choose to provide to us transfers to us at the time our logistics team takes possession of the Crate in which they're held. You understand and agree that Glass Recyclables and their diversion from landfills may have value and we may profit from reselling Glass Recyclables and their remnants to which you will have no right and for which you will not receive any fee or other payment. The consideration you receive in exchange for providing us with Glass Recyclables may be limited to the
value that you place on diverting them from the waste stream. You understand and agree that you are providing us with Glass Recyclables as part of the Pickup Services rather than discarding them or deeming them unwanted.
b. Glass Half Full’s Use of Glass Recyclables. We reserve the right to use, or allow our partners to use, Glass Recyclables and any remnants in any way and for any purpose, and to partner or contract with any entity or person.
c. Glass Recyclables Quality. You agree and acknowledge that you will (i) take all necessary precautions and care to segregate Glass Recyclables from broken glass and Non-glass Recyclables in your Crate; and (ii) abide by the instructions and notices we provide regarding how to properly use your Crate.

5. OTHER PAYMENT TERMS
a. Payment Method. You must designate a valid payment method to create an account or purchase Pickup Services. You represent and warrant that you are authorized to use your designated payment method for payment of all fees and other amounts owed to us under these Terms and you authorize us to charge your designated payment method for those fees and amounts. We may receive updated information from your issuing bank or our payment service provider about any other payment method you have used to pay for Services, and you authorize us to charge your updated payment method for fees and other amounts owed to us under these Terms.
b. Taxes. You are responsible for any sales, use, value-added, or other governmental taxes, fees, or duties due with respect to your purchase and use of the Pickup Services. We may charge and collect these taxes, fees, and duties from you if we determine, in our sole discretion, they may apply. If you believe you have been charged for any taxes that do not apply, you agree to contact our support team within 30 days of invoice of such tax. We are not required to collect taxes in all states. You may have a duty to directly report and pay taxes if we do not collect such taxes.
c. Errors. In the event of a billing error, we reserve the right to correct the error and revise your payment accordingly, which includes charging the correct price.
d. Refunds. Unless otherwise specified at the time you make your purchase or activate your subscription, other than as described in these Terms we are not obligated to provide any refunds.
e. Collections. In the event we, on our own behalf or through the use of a third-party collection or administrative agent, resolve  or collect any damages, fees, infringement of law or these Terms, fines, or penalties, you agree to pay all costs and collection fees including, but not limited to, attorneys fees, administrative and legal costs upon demand without protest.
f. Late Payments. If we do not receive a payment you owe us under these Terms by the date such payment comes due, which may be after your subscription ends, including because any bank or other financial institution refuses to honor any payment, we will attempt to notify you and will make additional attempts to charge your designated payment method. Late or missed payments will not change your billing period or other scheduled payments.
g. Promotional Credits. We may choose to offer promotions or credits for the Services in various ways, including but not limited to, coupons, credits, and promotional campaigns (“Promotional Credits”). We reserve the right to award Promotional Credits at our sole discretion. To qualify for and receive any Promotional Credits, you must meet the requirements indicated in the applicable Promotional Credits offer. Unless otherwise indicated in the terms of the credit offer, Promotional Credits can only be used to offset your subsequent subscription payments. To the extent that you have been awarded Promotional Credits, unless the offer states a different expiration date, credits will expire and no longer be redeemable 12 months from the date the credit was issued. For Promotional Credit offers available only to new Pickup Services subscribers, you will be disqualified and will not be entitled to receive the Promotional Credits if your name, email, phone number, or credit card are (i) linked to an existing active or inactive Glass Half Full account, or (ii) suspected of being connected to fraudulent activity. All offers are subject to availability. We may, in our sole discretion, modify or cancel a promotional or credit offer or this credits policy at any time.
h. Use of Promotional Credits. Under no circumstances will Promotional Credits offset the amount due for your Pickup Fees, or other amounts owed, by more than the amount then owed. If Promotional Credits are applied to a payment that later qualifies for a refund, the maximum refund you may receive is the amount you actually paid. Under no circumstances will a refund be made for the cash value or cash equivalent of previously applied Promotional Credits. Promotional Credits are issued for promotional purposes only; they have no cash value and may not be exchanged for cash or cash
equivalents other than as set forth in these Terms. Promotional Credits can only be used by you, are non-transferable, and may not be auctioned, traded, copied, bartered, modified, or sold. We may alter the terms and conditions applicable to any Credits at any time and for any reason.

6. ADDITIONAL PROHIBITED CONDUCT
You will not, nor will you permit anyone else to:
a. use a Crate other than for their intended purpose; for any malicious, illegal, or unauthorized purpose; or in a negligent, grossly negligent, or reckless manner;
b. allow any third party to place any materials in your Crate;
c. violate any applicable law, contract, intellectual property right, or other third-party right, or commit a tort;
d. put any Prohibited Materials in your Crate;
e. license, sell, resell, rent, lease, transfer, assign, trade, barter, distribute, host, or otherwise commercially exploit the Services, including a Crate, in any way;
f. copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
g. make or allow others to make any aftermarket alterations or modifications to your Crate, or otherwise tamper with the Crate;
h. provide your Crate to anyone other than us or our authorized agents for alteration, adjustment, or maintenance of any kind;
i. intentionally damage a Crate;
j. modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services; or
k. engage in, encourage, or promote any activity that violates these Terms.

7. INTELLECTUAL PROPERTY. The Services, including the text, graphics, images, photographs, videos, illustrations, and other content related thereto, are owned by us or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors.

8. FEEDBACK. You may voluntarily submit or otherwise communicate to us any questions, comments, suggestions, ideas, or other feedback about us or our Services. You understand that we own and may use such feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

9. INDEMNIFICATION. To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless us, our affiliates, and each of their respective officers, directors, agents, partners, and employees (individually and collectively, the “Glass Half Full Parties”) from and against any losses, liabilities, claims, demands, damages, expenses, or costs (“Claims”) arising out of or related to: (a) your access to or use of the Services or Crates; (b) your feedback; (c) your breach or violation of  these Terms or any applicable laws; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); (e) your conduct in connection with the Services; (f) your negligent acts or omissions; or (g) any dangerous or unsafe conditions on your property. You agree to promptly notify Glass Half Full Parties of any Claims you become aware of, cooperate with Glass Half Full Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including attorneys’ fees). Glass Half Full will have the right to consent to any settlement of a third-party Claim in the event you are providing the defense; provided, however Glass Half Full, in its sole discretion, will have the option to provide its own defense of any of any third-party Claims and you will be obligated to reimburse Glass Half Full for the costs of its defense (including attorneys’ fees). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Glass Half Full or the other Glass Half Full Parties.

10. DISCLAIMERS OF EXPRESS/IMPLIED WARRANTIES. Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that our Services are accurate, complete, reliable, current, or error-free. You assume the entire risk as to the quality and performance of the Services. 

11. THIRD-PARTY PAYMENT PROCESSING
a. Use of Third-Party. Our payment processing is powered by third-party, Shop! Shopify Inc. and its affiliates (“Payment Processor”). The processing of your payment will be subject to the terms, conditions, and privacy policies of the Payment Processor, which can be found at Shop Terms of Service. Our website and services are not owned, controlled, or endorsed by such Payment Processor. We are not responsible or liable for the security or performance of the Payment Processor, any losses arising out of or related to the Payment Processor, nor any activities associated with the Payment Processor.  Please read Payment Processor’s payment terms of service for more information.
b. Glass Half Full’s Rights With Respect to Third-Party. Glass Half Full reserves the right to change, suspend, remove, or disable access to any third-party payment processor at any time without notice. In no event will Glass Half Full be liable for the removal of or disabling of access to any such third- party payment processor. Glass Half Full may also impose limits on the use of or access to certain third-party payment processors, in any case, and without notice or liability.

12. LIMITATION OF LIABILITY
a. Limitation of Liability. To the fullest extent permitted by applicable law, Glass Half Full and the other Glass Half Full Parties will not be liable to you under any theory of liability – whether based in contract, tort, negligence, strict liability, warranty, or otherwise – for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, loss of use or loss of opportunity, even if Glass Half Full or the other Glass Half Full Parties have been advised of the possibility of such damages.
b. Total Liability. The total liability of Glass Half Full and the other Glass Half Full Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you for our Services.
c. Additional Remedies. The limitations set forth in this Section 12 will not limit or exclude liability for the gross negligence or fraud of Glass Half Full or the other Glass Half Full Parties, or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
d. Release. To the fullest extent permitted by applicable law, you release Glass Half Full and the other Glass Half Full Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.

13. DISPUTE RESOLUTION; BINDING ARBITRATION

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with us and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
a. No Representative Actions. You and Glass Half Full agree that any dispute arising out of or related to these Terms or our Services is personal to you and Glass Half Full and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action, or any other type of representative proceeding.
b. Arbitration of Disputes. Except for small claims disputes or disputes in which you or Glass Half Full seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Glass Half Full waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security (collectively, “Disputes”), resolved in court. Instead, for any Dispute that you have
against Glass Half Full, you agree to first contact Glass Half Full and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to us by email at pickups@glasshalffull.co or by certified mail addressed to 3935 Louisa St, New Orleans LA 70126. The Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Dispute; and (iii) set forth the specific relief sought. If we have a claim against you, we will provide a notice to you to your email address in similar form to that described above. If you and Glass Half Full cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in New Orleans, Louisiana. You and Glass Half Full agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
c. Federal Arbitration Act. You and Glass Half Full agree that these Terms affect interstate commerce and that the enforceability of this Section 13 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms, and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
d. Arbitration Confidentiality. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Glass Half Full, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including information gathered, prepared, and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
e. Fees. You and Glass Half Full agree that for any arbitration you initiate, each party will be responsible for filing fees and costs in accordance with the JAMS Rules. You and Glass Half Full agree that the state or federal courts of the State of Louisiana and the United States sitting in Orleans Parish, Louisiana have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
f. Dispute Filing. Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Glass Half Full will not have the right to assert the claim.
g. Opt-Out Notice. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 13 by sending an opt-out notice to pickups@glasshalffull.co. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 15(d).
h. Severability. If any portion of this Section 13 is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed from these Terms; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 13 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 13; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 13 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 13 will be enforceable.

14. CHANGES TO TERMS. We may make changes to these Terms from time to time. If we make changes, we will provide notice of such changes by, for example, sending an email notification, providing notice through our Services, or posting the amended Terms and updating the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services. Unless material changes are made to the arbitration provision under Section 12, you agree that modification of these Terms does not create a new right to opt out of arbitration.

15. GENERAL.
a. Reformation/Severability. If any term or provision of these Terms, or the application thereof to any person or circumstance, shall at any time or to any extent be invalid, illegal or unenforceable in any respect as written, the parties intend for any court or arbitrator construing these Terms to modify or limit such provision so as to render it valid and enforceable to the fullest extent allowed by law. Any such provision that is not susceptible of such reformation shall be ignored so as to not affect any other
term or provision hereof, and the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid, illegal or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law.
b. Force Majeure. Glass Half Full shall not be in default for its failure to perform or delay in performance caused by events or significant threats of events beyond its reasonable control, whether or not foreseeable, including, but not limited to, strikes, labor trouble or shortages, riots, imposition of laws or governmental orders, fires, floods, hurricanes, pandemics, epidemics, acts of war or terrorism, acts of God, and the inability to reasonably obtain materials, supplies or equipment, and Glass Half Full shall be excused from performance during the occurrence of such events.
c. Investigations. You agree that if requested, you will assist us with any regulatory, compliance, oversight, or legal investigations, proceedings, applications, or reviews related to our Services.
d. Governing Law and Venue. Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Louisiana, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Louisiana or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between us and you that is not subject to arbitration under Section 13 will be resolved in the state or federal courts of Louisiana and the United States, respectively, sitting in New Orleans, Louisiana.
e. Notifications. We may provide notifications to you as required by law, or for marketing or other purposes, via (at our option) email to the primary email associated with your account, our app, hard copy, posting of such notice on our website, or other mediums.
f. Miscellaneous. All sections of these Terms that, by their nature, should survive termination will survive termination. Wherever the singular is used in the Terms, including references to a Crate or Crates, the same shall be construed as meaning the plural, and vice versa, if applicable in the context, unless otherwise specifically stated. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. These Terms will inure to the benefit of our successors and permitted assigns. We may supply different or additional terms in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, these Terms will govern unless expressly set forth otherwise in the additional terms.