TERMS AND CONDITIONS
Last
updated
February 16, 2023
AGREEMENT TO OUR LEGAL
TERMS
We are Great Gale LLC
("Company,"
"we," "us," "our")
, a company registered in
New York, United States
at 814 Clocks Boulevard
, Massapequa
, NY
11758
.
We operate the website http://www.greatgale.com (the "Site")
, as well as any other related products and services that refer or
link to these legal terms (the "Legal Terms") (collectively, the
"Services").
You can contact us by phone at
8452321671, email at euwarnii@greatgale.com,
or by mail to 2522 South Road
, Poughkeepsie
, NY
12601
,
United States
.
These Legal Terms constitute a
legally binding agreement made between you, whether personally or on behalf of an entity ("you"),
and Great Gale LLC, concerning your access to and use of the Services. You
agree that by accessing the Services, you have read, understood, and agreed to be bound by all of
these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY
PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior
notice of any scheduled changes to the Services you are using. Changes to Legal Terms will become
effective seven (7) days after the notice is given, except if the changes apply to
new functionality
, in which case the changes will be effective immediately. By continuing to use the Services after the effective
date of any changes, you agree to be bound by the modified terms. If you disagree with such changes,
you may terminate Services as per the section "
TERM AND
TERMINATION
."
The
Services are intended for users who are at least 13 years of age. All users who are
minors in the jurisdiction in which they reside (generally under the age of 18) must
have the permission of, and be directly supervised by, their parent or guardian to use
the Services. If you are a minor, you must have your parent or guardian read and agree
to these Legal Terms prior to you using the Services.
We recommend that you print
a copy of these Legal Terms for your records.
TABLE OF
CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or country where such distribution
or use would be contrary to law or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly, those persons who choose to access the
Services from other locations do so on their own initiative and are solely responsible for compliance
with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management
Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the
Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual
property
We are the owner or the licensee
of all intellectual property rights in our Services, including all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and graphics in the
Services (collectively, the "Content"), as well as the trademarks, service marks, and logos
contained therein (the "Marks").
Our Content and Marks are
protected by copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the United
States and around the world.
The Content and Marks are provided
in or through the Services "AS IS" for your personal,
non-commercial use or internal business purpose
only.
Your use of our
Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED
ACTIVITIES
" section below, we
grant you a non-exclusive, non-transferable, revocable license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have
properly gained access.
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section
or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied,
reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the
Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms,
please address your request to: euwarnii@greatgale.com. If we ever grant
you the permission to post, reproduce, or publicly display any part of our Services or Content, you
must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any
copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our
Content.
We reserve all rights not
expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual
Property Rights will constitute a material breach of our Legal Terms and your right to use our
Services will terminate immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED
ACTIVITIES
" section carefully
prior to using our Services to understand the (a) rights you give us and (b) obligations you have when
you post or upload any content through the Services.
Submissions: By directly sending us any question, comment,
suggestion, idea, feedback, or other information about the Services (
"Submissions"), you agree to assign to us all
intellectual property rights in such Submission. You agree that we shall own this Submission and be
entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise,
without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat,
contribute to, or participate in blogs, message boards, online forums, and other functionality during
which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and
materials to us or through the Services, including but not limited to text, writings, video, audio,
photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other
material ("Contributions"
). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the
Services and possibly through third-party websites.
When you post Contributions, you grant us a license (including use
of your name, trademarks, and logos): By posting any Contributions, you grant us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell,
publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt
(in whole or in part), and exploit your Contributions (including, without limitation, your image,
name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works
of, or incorporate into other works, your Contributions, and to
sublicense the licenses granted in this section. Our use
and distribution may occur in any media formats and through any media channels.
This license includes our use of your name, company name, and franchise
name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and
commercial images you provide.
You are responsible for what you post or upload: By sending
us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking
your account through the Services to any of your social networking accounts, you:
- confirm that you have read and agree with our
"PROHIBITED ACTIVITIES
" and will not
post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution
that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive,
discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful,
or misleading;
- to the extent permissible by applicable law, waive any and all moral rights
to any such Submission and/or Contribution;
- warrant that any such Submission and/or
Contributions are original to you or that you have the
necessary rights and licenses to submit such Submissions
and/or Contributions and that you have full
authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions;
and
- warrant and represent that your Submissions
and/or Contributions do not constitute
confidential information.
You are solely responsible
for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all
losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual
property rights, or (c) applicable law.
We may remove or
edit your Content: Although we have no obligation to monitor any Contributions, we shall have
the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we
consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such
Contributions, we may also suspend or disable your account and report you to the authorities.
Copyright
infringement
We respect the intellectual
property rights of others. If you believe that any material available on or through the Services
infringes upon any copyright you own or control, please immediately refer to the
"
COPYRIGHT INFRINGEMENTS
"
section below.
By using the Services, you
represent and warrant that:
(1) you have the legal capacity and you agree to
comply with these Legal Terms;
(2) you are not under the age of 13;
(3) you are not a
minor in the jurisdiction in which you reside
, or if a minor, you have
received parental permission to use the Services
; (4) you will not access the Services through
automated or non-human means, whether through a bot, script or
otherwise; (5) you will not use the Services for any illegal or
unauthorized
purpose; and (6) your use of the Services will not violate any
applicable law or regulation.
If you provide any
information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend
or terminate your account and refuse any and all current or future use of the Services (or any
portion thereof).
4.
PRODUCTS
All products are subject to
availability. We reserve the right to discontinue any products at
any time for any reason. Prices for all products are subject to change.
We accept the following forms of
payment:
- Visa
- Mastercard
- American Express
- Discover
- PayPal
You agree to provide current,
complete, and accurate purchase and account information for all purchases made via the Services. You
further agree to promptly update account and payment information, including email address, payment
method, and payment card expiration date, so that we can complete your transactions and contact you as
needed. Sales tax will be added to the price of purchases as deemed required by us. We may change
prices at any time. All payments shall be in US dollars.
You agree to pay all charges at
the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge
your chosen payment provider for any such amounts upon placing your order.
We reserve the right to correct
any errors or mistakes in pricing, even if we have already requested or
received payment.
We reserve the right to refuse any
order placed through the Services. We may, in our sole discretion, limit or cancel quantities
purchased per person, per household, or per order. These restrictions may include orders placed by or
under the same customer account, the same payment method, and/or orders that use the same billing or
shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be
placed by dealers, resellers, or distributors.
6. REFUNDS
POLICY
All sales are final and no refund will be issued.
You may not access or use
the Services for any purpose other than that for which we make the Services available. The Services
may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved
by us.
As a user of the
Services, you agree not to:
-
Systematically
retrieve data or other content from the Services to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written permission
from us.
-
Trick,
defraud, or mislead us and other users, especially in any attempt to learn sensitive
account information such as user passwords.
-
Circumvent,
disable, or otherwise interfere with security-related features of the Services,
including features that prevent or restrict the use or copying of any Content or
enforce limitations on the use of the Services and/or the Content contained
therein.
-
Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Services.
-
Use
any information obtained from the Services in order to harass, abuse, or harm another
person.
-
Make
improper use of our support services or submit false reports of abuse or
misconduct.
-
Use
the Services in a manner inconsistent with any applicable laws or
regulations.
-
Engage
in unauthorized framing of or linking to the
Services.
-
Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming (continuous posting
of repetitive text), that interferes with any party’s uninterrupted use and enjoyment
of the Services or modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the
Services.
-
Engage
in any automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and extraction
tools.
-
Delete
the copyright or other proprietary rights notice from any
Content.
-
Attempt
to impersonate another user or person or use the username of another
user.
-
Upload
or transmit (or attempt to upload or to transmit) any material that acts as a passive
or active information collection or transmission mechanism, including without
limitation, clear graphics interchange formats (
"gifs"), 1×1 pixels, web bugs, cookies,
or other similar devices (sometimes referred to as
"spyware" or "passive collection mechanisms" or "pcms").
-
Interfere
with, disrupt, or create an undue burden on the Services or the networks or services
connected to the Services.
-
Harass,
annoy, intimidate, or threaten any of our employees or agents engaged in providing any
portion of the Services to you.
-
Attempt
to bypass any measures of the Services designed to prevent or restrict access to the
Services, or any portion of the Services.
-
Copy
or adapt the Services' software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code.
-
Except
as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer
any of the software comprising or in any way making up a part of the
Services.
-
Except
as may be the result of standard search engine or Internet browser usage, use, launch,
develop, or distribute any automated system, including without limitation, any spider,
robot, cheat utility, scraper, or offline reader that accesses the Services, or use or
launch any unauthorized script or other
software.
-
Use
a buying agent or purchasing agent to make purchases on the
Services.
-
Make
any unauthorized use of the Services, including collecting
usernames and/or email addresses of users by electronic or other means for the purpose
of sending unsolicited email, or creating user accounts by automated means or under
false pretenses.
-
Use
the Services as part of any effort to compete with us or otherwise use the Services
and/or the Content for any revenue-generating
endeavor or commercial
enterprise.
-
Use the Services to advertise or offer to sell goods and services.
-
Sell or otherwise transfer your profile.
8. USER
GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs, message
boards, online forums, and other functionality, and may provide you with the opportunity
to create, submit, post, display, transmit, perform, publish, distribute, or broadcast
content and materials to us or on the Services, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, or personal
information or other material (collectively,
"Contributions"). Contributions may be
viewable by other users of the Services and through third-party websites. As such, any
Contributions you transmit may be treated as non-confidential and non-proprietary. When
you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution,
transmission, public display, or performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights, including but not limited to
the copyright, patent, trademark, trade secret, or moral rights of any third
party.
- You are the creator and owner of or
have the necessary licenses, rights, consents, releases, and permissions to use
and to authorize
us, the Services, and other users of the Services to use your Contributions in any manner
contemplated by the Services and these Legal Terms.
- You have the written consent,
release, and/or permission of each and every identifiable individual person in your
Contributions to use the name or likeness of each and every such identifiable individual person
to enable inclusion and use of your Contributions in any manner contemplated by the Services and
these Legal Terms.
- Your Contributions are not false,
inaccurate, or misleading.
- Your Contributions are not
unsolicited or unauthorized advertising, promotional materials, pyramid schemes,
chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene,
lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as
determined by us).
- Your Contributions do not ridicule,
mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to
harass or threaten (in the legal sense of those terms) any other person and to promote violence
against a specific person or class of people.
- Your Contributions do not violate any
applicable law, regulation, or rule.
- Your Contributions do not violate the
privacy or publicity rights of any third party.
- Your Contributions do not violate any
applicable law concerning child pornography, or otherwise intended to protect the health or
well-being of minors.
- Your Contributions do not include any
offensive comments that are connected to race, national origin, gender, sexual preference, or
physical handicap.
- Your Contributions do not otherwise
violate, or link to material that violates, any provision of these Legal Terms, or any
applicable law or regulation.
Any use of the
Services in violation of the foregoing violates these Legal Terms and may result in, among
other things, termination or suspension of your rights to use the Services.
By posting your
Contributions to any part of the Services
, you automatically grant, and you represent and warrant that you have the right to
grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and
license to host, use, copy, reproduce,
disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly
perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and
distribute such Contributions (including, without limitation, your image and voice) for any
purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or
incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may
occur in any media formats and through any media channels.
This license will
apply to any form, media, or technology now known or hereafter developed, and includes our use
of your name, company name, and franchise name, as applicable, and any of the trademarks,
service marks, trade names, logos, and personal and commercial images you provide. You waive
all moral rights in your Contributions, and you warrant that moral rights have not otherwise
been asserted in your Contributions.
We do not assert any
ownership over your Contributions. You retain full ownership of all of your Contributions and
any intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your Contributions
provided by you in any area on the Services. You are solely responsible for your Contributions
to the Services and you expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your Contributions.
We have the right, in
our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions;
(2) to re-categorize any Contributions to place them in more
appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at
any time and for any reason, without notice. We have no obligation to monitor your
Contributions.
10.
GUIDELINES FOR REVIEWS
We may provide you areas on
the Services to leave reviews or ratings. When posting a review, you must comply with the following
criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your
reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language;
(3) your reviews should not contain discriminatory references based on religion, race, gender,
national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not
contain references to illegal activity; (5) you should not be affiliated with competitors if posting
negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may
not post any false or misleading statements; and (8) you may not
organize a campaign encouraging others to post reviews,
whether positive or negative.
We may accept, reject, or
remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to
delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not
endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates
or partners. We do not assume liability for any review or for any claims, liabilities, or losses
resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive,
worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce,
modify, translate, transmit by any means, display, perform, and/or distribute all content relating
to review.
11. THIRD-PARTY
WEBSITES AND CONTENT
The Services may contain (or
you may be sent via the Site)
links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures,
designs, music, sound, video, information, applications, software, and other content or items belonging
to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked
for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party
Websites accessed through the Services or any Third-Party
Content posted on, available through, or installed from the Services, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the
use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement
thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should
be aware these Legal Terms no longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any website to which you navigate from the Services
or relating to any applications you use or install from the Services. Any purchases you make through
Third-Party Websites will be through other websites and from
other companies, and we take no responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse
the products or services offered on Third-Party Websites and
you shall hold us blameless from any harm caused by your purchase of such products or services.
Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you
relating to or resulting in any way from any Third-Party
Content or any contact with Third-Party Websites.
12. SERVICES
MANAGEMENT
We reserve the right, but not
the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate
legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including
without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and
without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Services or otherwise disable all files and
content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage
the Services in a manner designed to protect our rights and property and to facilitate the proper
functioning of the Services.
13. PRIVACY
POLICY
We care about data privacy and
security. Please review our Privacy Policy: https://greatgale.com/privacypolicy. By using the
Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.
Please be advised the Services are hosted in the United States
. If you access the Services from any other region of the world with
laws or other requirements governing personal data collection, use, or disclosure that differ from
applicable laws in
the United States
, then through your continued use of the Services, you are
transferring your data to
the United States
, and you expressly consent to have your data transferred to and
processed in
the United States
.
Further, we do not knowingly accept, request, or solicit information from
children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online
Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has
provided personal information to us without the requisite and verifiable parental consent, we will
delete that information from the Services as quickly as is reasonably practical.
14. COPYRIGHT
INFRINGEMENTS
We respect the intellectual
property rights of others. If you believe that any material available on or through the Services
infringes upon any copyright you own or control, please immediately notify us using the contact
information provided below (a "Notification"). A copy of your Notification will be sent to the person who
posted or stored the material addressed in the Notification. Please be advised that pursuant to
applicable law you may be held liable for damages if you make material misrepresentations in a
Notification. Thus, if you are not sure that material located on or linked to by the Services infringes
your copyright, you should consider first contacting an attorney.
15. TERM
AND TERMINATION
These Legal Terms shall remain
in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL
TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO
AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR
NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SERVICES OR DELETE
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your
account for any reason, you are prohibited from registering and creating a new account under your name,
a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the
third party. In addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and injunctive
redress.
16. MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to change,
modify, or remove the contents of the Services at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Services.
We cannot guarantee the
Services will be available at all times. We may experience hardware, software, or other problems or need
to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at
any time or for any reason without notice to you. You agree that we have no liability whatsoever for any
loss, damage, or inconvenience caused by your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate
us to maintain and support the Services or to supply any corrections, updates, or releases in connection
therewith.
17. GOVERNING
LAW
These Legal Terms and your use
of the Services are governed by and construed in accordance with the laws of
the State of New York
applicable to agreements made and to be entirely performed within
the State of New York
, without regard to its conflict of law
principles.
18. DISPUTE
RESOLUTION
Binding Arbitration
If
the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those
Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU
UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American
Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures
for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your
arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules
and, where appropriate, limited by the AAA Consumer Rules. If such
costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses.
The arbitration may be conducted in person, through the
submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need
not provide a statement of reasons unless requested by either Party. The arbitrator must follow
applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise
required by the applicable AAA rules or applicable law, the arbitration will take place in
Duchess,
New York
. Except as otherwise provided herein, the Parties may
litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify,
vacate, or enter judgment
on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the
Dispute shall be commenced or prosecuted in the
state and
federal courts
located in
Duchess,
New York
,
and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens
with respect to venue and jurisdiction in such state and federal
courts. Application of the United Nations Convention on
Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act
(UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any
way to the Services be commenced more than one (1) years after the cause of
action arose. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of
this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit
to the personal jurisdiction of that court.
Restrictions
The Parties
agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full
extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no
right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action
procedures; and (c) there is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the
above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related
to, or arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for injunctive
relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable
and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
19. CORRECTIONS
There may
be information on the Services that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the right to correct any
errors, inaccuracies, or omissions and to change or update the information on the Services at any time,
without prior notice.
20.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN
AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE
APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR
USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR
MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY
WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS
OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
21. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM
YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO
YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO
THE
AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE six (6)
mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY
TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
22. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
(2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in
these Legal Terms; (5) your violation of the rights of a
third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services
with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusive defense and control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense, with our
defense of such claims. We will use reasonable efforts to
notify you of any such claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it.
23. USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we perform
regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
24. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us
emails, and completing online forms constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which
require an original signature or delivery or retention of non-electronic records, or to payments or the
granting of credits by any means other than electronic means.
25. CALIFORNIA
USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
26. MISCELLANEOUS
These Legal Terms and any policies
or operating rules posted by us on the Services or in respect to the Services constitute the entire
agreement and understanding between you and us. Our failure to exercise or enforce any right or
provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal
Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or
failure to act caused by any cause beyond our reasonable control. If any provision or part of a
provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or
part of the provision is deemed severable from these Legal Terms and does not affect the validity and
enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Legal Terms or use of the Services. You
agree that these Legal Terms will not be construed against us by virtue of having drafted them. You
hereby waive any and all defenses you may have based on the electronic form of these Legal
Terms and the lack of signing by the parties hereto to execute these Legal Terms.
27. CONTACT
US
In order to resolve a complaint
regarding the Services or to receive further information regarding use of the Services, please contact
us at:
Great Gale LLC
2522 South Road
Poughkeepsie
, NY
12601
United States
Phone: 8452321671
euwarnii@greatgale.com