Date of Last Revision: 6/8/2024
Welcome! This website (the “Website”) is owned and operated by Galway Winds (“We,” “Us” or “Company”) on the terms and conditions set forth below.
By accessing, using, registering or placing an order at this Website, You agree to be bound by each and every term and condition stated herein, which represent a legally binding contract between You and Us. You hereby state and affirm that they have read, understand, and agree with all of the following Terms and Conditions of Use, and our Privacy Policy (collectively, the “Agreement”). Therefore, please take the time to read this Agreement in full. If you do not agree to the terms and conditions of this Agreement, do not use this Website or order product from Us. For your convenience we will change the “Last Updated” date above to reflect changes to this Agreement.
We reserve the right to alter or discontinue any products or services offered by or through this Website or to amend or change this Agreement at any time. Such changes, alterations, amendments or discontinuances shall be effective immediately without further notice thereof.
You represent that you are at least 18 years of age. You represent that the information provided by you when registering (if registration is required) is up-to-date, complete and accurate. You are responsible for maintaining and promptly updating your account information with us and keeping such information (and any passwords given to you for the purposes of accessing the Website) secure against unauthorized access. You represent that you will not use the Website for any unlawful purpose, attempt to decompile or reverse engineer source or object code, and use the Website in accordance with these Terms and Conditions of Use.
TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT COMPANY WAS AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCTS YOU ORDERED. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER. THE PRODUCTS YOU ORDER AT OR THROUGH THIS WEBSITE ARE SOLD AND DELIVERED TO YOU "AS IS" WITH NO WARRANTY WHATSOEVER. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION, WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
You agree to defend, indemnify, and hold harmless Company, its officers, managers, directors, members, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, losses, liabilities, expenses, costs, or demands, including without limitation, legal and accounting fees, for all damages directly, indirectly, and/ or consequentially resulting or allegedly resulting from your misuse of the Website, or your breach of any of these terms and conditions of this Agreement. We shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. If we do not hear from you promptly, we reserve the right to defend such claim or suit and seek full compensation from you.
Any notice or other communications arising in relation to this Agreement shall be given by sending an e-mail to the latest email address that one party has notified in writing to the other. In the case of sending notices to you, Company will use the email address you provided to Company when you registered. Such notices or communications (where properly addressed) shall be considered received on the earliest of (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or (iii) the expiry of forty-eight (48) hours after transmission, provided that the sender has not received notification of unsuccessful transmission.
We reserve the right to terminate your access to or use of this Website should we believe, in our sole discretion, that you have violated any of the terms of this Agreement or engaged in any other conduct designed to injure, harass or disrupt this Website or the Company's business operations.
If you believe that any of the content appearing on or through this Website violates a copyright owned or controlled by you, then you may avail yourself of the DMCA by sending a 'take-down notice' to us and, so long as the notice complies with statutory requirements, we will 'take down' (remove or block, as appropriate) the allegedly infringing content. You acknowledge that, should we receive a counter-notification, as provided under the DMCA, in regards to such allegedly infringing content, and if such counter-notice complies with statutory requirement, the allegedly infringing content can be reinstated. Send any DMCA notice to legal@galwaywind.com
We reserve the right to make changes to the content, functionality, purpose, design or features - or to this Agreement - without notice to you. Your continued use of the Website after any such changes constitutes your acceptance of same. We also reserve the right to cease operating this Website without notice or liability to you.
The Website, its content and compilation of content is owned by Company or its affiliates or agents and is protected by United States Copyright Act of 1976, as amended, the Berne Convention and the copyright laws of other countries. All content, logos, designs and icons, unless noted otherwise, are proprietary to Company or its affiliates or agents. The materials provided in this service, including graphic images, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written permission, except that you may download, display, or print one copy of the materials on a single computer solely for your personal, non-commercial, home use, provided that you keep intact all copyright, trademark, and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Company, its affiliates' or its third party information providers' copyrights and other proprietary rights.
Choice of Law/Venue/Dispute Resolution: This Agreement is governed by and construed under the laws of the United States and the State of Delaware. The federal and state courts of Delaware have exclusive jurisdiction to adjudicate any non-arbitrable matter arising out of this Agreement. Any dispute arising under or relating to the Website shall be first submitted to non-binding mediation at JAMS before a mutually agreed upon single mediator. If the parties cannot agree upon a JAMS mediator, either party may petition the court for appointment of a JAMS mediator. If mediation fails to resolve the dispute, it shall be decided by arbitration at JAMS before a mutually agreed upon arbitrator. If the parties cannot agree upon a JAMS arbitrator, either party may petition the court for appointment of a JAMS arbitrator. The arbitration will be conducted in accordance with the then prevailing commercial arbitration rules of the AAA. Claims subject to this mandatory arbitration clause cannot be asserted through a class action or analogous group arbitration action.
Assignment: This Agreement and the rights and liabilities of the parties hereto inure to the benefit of their respective successors and assigns. Company may assign this Agreement to any successor entity. Customer may not assign without the written permission of Company.
Severability: If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions of Use will continue in full force and effect.
No Waiver: No waiver of or by Company shall be deemed a waiver of any subsequent default of the same provision of this Agreement.
Headings: All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
Modifications: Company reserves the right to change any of the provisions posted herein and you agree to review the date of last revision of these terms and conditions each time you visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes your acceptance of such changes. Company does not and will not assume any obligation to provide you with notice of any change to this document and you acknowledge and agree to same. Unless accepted by Company in writing, you may not amend these terms and conditions in any way.
Entire Agreement: This Agreement (which incorporates by reference Company's Privacy Policy) constitutes the entire agreement between the parties with respect to your access and use of the Website and your ordering and use of the product, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters. If you have any questions about this Agreement, please contact our Customer Service at help@galwaywind.com.
