Last Modified: April 1, 2016
Acceptance of the Terms of Use
These terms of use are entered into by and between you and New Galaxie LLC
LLC d/b/a Galaxie Coffee Service (“Galaxie”, “Company”, “we” or “us”).
The following terms and conditions (“Terms of Use”), govern your access to and use of this website, including any products
and services offered or purchased on or through this website (the
“Website”).
Please read the Terms of Use carefully before you start to use the Website.
By using the Website, you accept and agree to be bound and abide by
these Terms of Use and our Privacy Policy, found at http://www.galaxiecoffee.com/PrivacyPolicy.aspx incorporated herein
by reference.
By using this Website, you represent and warrant that you are of
legal age to form a binding contract with the Company. If you do not
want to agree to these Terms of Use or the Privacy Policy, you must
not access or use the Website.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service,
product or material we provide on the Website, in our sole discretion
without notice. We will not be liable if for any reason all or any
part of the Website is unavailable at any time or for any period. To
access the Website or some of the resources it offers, you may be
asked to provide certain registration details or other information.
It is a condition of your use of the Website that all the information
you provide on the Website is correct, current and complete. You also
acknowledge that your account is personal to you and agree not to
provide any other person with access to this Website or portions of
it using your user name, password or other security information. You
agree to notify us immediately of any unauthorized access to or use
of your user name or password or any other breach of security. We
have the right to disable any user name, password or other
identifier, whether chosen by you or provided by us, at any time in
our sole discretion for any or no reason, including if, in our
opinion, you have violated any provision of these Terms of Use.
Online Purchases
All purchases through the Website or other transactions for the purchase
of goods or services formed through the Website or as a result of
visits made by you are governed by the following terms and conditions
(these “Purchase
Terms”)
in addition to the other Terms of Use as stated herein.
YOU
MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU
(A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT
LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT
WITH GALAXIE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS
WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY
APPLICABLE LAW.
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Order Acceptance You
agree that your order is an offer to buy, under these Purchase
Terms, all products and services listed in your order. All orders
must be accepted by us or we will not be obligated to sell the
products or services to you. We may choose not to accept any orders
in our sole discretion. After having received your order, we will
send you a confirmation e-mail with the details of the items you
have ordered.
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Prices and Payment Terms All prices posted on the Website are subject to change without
notice. The price charged for a product or service will be the price
in effect at the time the order is placed and will be set out in
your order confirmation e-mail. Posted prices do not include bottle
deposit, recycling fees, and taxes or charges for shipping and
handling. We are not responsible for pricing, typographical or
other errors in any offer by us and we reserve the right to cancel
any orders arising from such errors. In the event that you default
on your payment, you agree to pay all reasonable collection,
attorney and court fees. Amounts not paid within the stated terms
will bear interest at an interest rate of 1.5% per month.
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Shipments
We will arrange for delivery/shipment of the products to you. You
will pay all shipping and handling charges specified in the invoice
you receive. We are not liable for any delays in shipments.
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Returns and Refunds.
Except for any products designated on the Website as non-returnable,
we will accept a return of the products for a refund of your
purchase price, less the original shipping and handling costs,
provided such return is made within 30 days of delivery and provided
such products are returned in their original condition.
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No Warranty and Limitation of Liability
THE PRODUCTS AND SERVICES PURCHASED FROM THE SITE ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR
PARTICULAR PURPOSE. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED
WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO
SUCH PRODUCTS OR SERVICES. APPLICABLE LAW MAY LIMIT THE APPLICATION
OF THE FOREGOING TO YOU. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY
PART OF THE FOREGOING EXCLUSION OF WARRANTIES TO APPLY TO YOU, THE
EXCLUSION WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW.
OUR
LIABILITY IN CONNECTION WITH ANY PRODUCTS OR SERVICES PURCHASED OR
OTHERWISE OBTAINED FROM GALAXIE WILL UNDER NO CIRCUMSTANCES EXCEED
THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE,
NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR
INDIRECT, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF
CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR IF EXPRESSLY ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY LIMIT THE
APPLICATION OF THE FOREGOING TO YOU. IF APPLICABLE LAW DOES NOT
ALLOW ALL OR ANY PART OF THE FOREGOING LIMITATION OF LIABILITY TO
APPLY TO YOU, THE LIMITATION WILL APPLY TO YOU TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW.
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Certain Products and Services
Additional or different terms and conditions may apply to specific
products or services purchased from Galaxie. Any such terms must be
in writing signed by the Company in order to supersede these
Purchase Terms in the event of any conflict. Please note that
equipment leased or purchased from Galaxie requires a separate
written agreement with additional terms. Please contact us directly
to arrange any lease or purchase of equipment.
Intellectual Property Rights
The Website and its entire contents, features and functionality
(including but not limited to all information, software, text,
displays, images, video and audio, and the design, selection and
arrangement thereof), are owned by the Company, its licensors or
other providers of such material and are protected by United States
and international copyright, trademark, patent, trade secret and
other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal,
non-commercial use only. No right, title or interest in or to the
Website or any content on the Website is transferred to you, and all
rights not expressly granted are reserved by the Company.
You must not (a) delete or alter any copyright, trademark or other
proprietary rights notices from copies of materials from this site;
(b) access or use for any commercial purposes (other than purchasing
our products or services) any part of the Website or any services or
materials available through the Website; (c) reproduce, distribute,
modify, create derivative works of, publicly display, publicly
perform, republish, download, store or transmit any of the material
on our Website, except as follows: (1) Your computer may temporarily
store copies of such materials in RAM or your web browser incidental
to your accessing and viewing those materials; and (2) You may print
a copy of a reasonable number of pages of the Website for your own
personal, non-commercial use.
Trademarks
The terms GALAXIE COFFEE and ALL ISLAND JANITORIAL SUPPLY, the Company’s
logos and all related names, logos, product and service names,
designs and slogans are trademarks of the Company or its affiliates
or licensors. You must not use such marks without the prior written
permission of the Company. All other names, logos, product and
service names, designs and slogans on this Website are the trademarks
of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with
these Terms of Use. You agree not to use the Website (a) in any way
that violates any applicable federal, state, local or international
law or regulation (including, without limitation, any laws regarding
the export of data or software to and from the US or other
countries); (b) to engage in any other conduct that restricts or
inhibits anyone’s use or enjoyment of the Website, or which, as
determined by us, may harm the Company or users of the Website or
expose them to liability; or (c) otherwise attempt to interfere with
the proper working of the Website.
We reserve the right to (a) take appropriate legal action, including
without limitation, referral to law enforcement, for any illegal or
unauthorized use of the Website; and (b) terminate or suspend your
access to all or part of the Website for any or no reason, including
without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any
law enforcement authorities or court order requesting or directing us
to disclose the identity or other information of anyone posting any
materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE
COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY
CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING
PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY
ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH
PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Reliance on Information Posted
The information presented on or through the Website is made available
solely for general information purposes. We do not warrant the
accuracy, completeness or usefulness of this information. Any
reliance you place on such information is strictly at your own risk.
We disclaim all liability and responsibility arising from any
reliance placed on such materials by you or any other visitor to the
Website, or by anyone who may be informed of any of its contents.
Changes to the Website
We may update the content on this Website from time to time, but its
content is not necessarily complete or up-to-date. Any of the
material on the Website may be out of date at any given time, and we
are under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy
Policy. By using the Website, you consent to all actions taken by
us with respect to your information in compliance with the Privacy
Policy.
Links from the Website
If the Website contains links to other sites and resources provided by
third parties, these links are provided for your convenience only.
This may include links contained in advertisements, including banner
advertisements and sponsored links. We have no control over the
contents of those sites or resources, and accept no responsibility
for them or for any loss or damage that may arise from your use of
them. If you decide to access any of the third party websites linked
to this Website, you do so entirely at your own risk and subject to
the terms and conditions of use for such websites.
Disclaimer of Warranties
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY
TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER
EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE
TO YOUR USE OF THE WEBSITE OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK. THE WEBSITE
AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES
ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS,
SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE
WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR
ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE
WEBSITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE
SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR
EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR
PARTICULAR PURPOSE.
APPLICABLE LAW MAY LIMIT THE APPLICATION OF THE FOREGOING TO YOU. IF APPLICABLE
LAW DOES NOT ALLOW ALL OR ANY PART OF THE FOREGOING EXCLUSION OF
WARRANTIES TO APPLY TO YOU, THE EXCLUSION WILL APPLY TO YOU TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR
DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN
CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY
WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER
WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO,
PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF
REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS,
LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT
(INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF
FORESEEABLE OR IF EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. APPLICABLE LAW MAY LIMIT THE APPLICATION OF THE FOREGOING
TO YOU. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE
FOREGOING LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATION
WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its
affiliates, licensors and service providers, and its and their
respective officers, directors, employees, contractors, agents,
licensors, suppliers, successors and assigns from and against any
claims, liabilities, damages, judgments, awards, losses, costs,
expenses or fees (including reasonable attorneys’ fees) arising out
of or relating to your violation of these Terms of Use or your use of
the Website, including, but not limited to, any use of the Website’s
content, services and products obtained in connection with the
Website, or your use of any information obtained from the Website,
other than as expressly authorized in these Terms of Use or other
applicable written terms between you and the Company.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use or any items
or services purchased or otherwise obtained through the Website and
any dispute or claim arising there from or related thereto (in each
case, including non-contractual disputes or claims), shall be
governed by and construed in accordance with the internal laws of the
State of New York without giving effect to any choice or conflict of
law provision or rule (whether of the State of New York or any other
jurisdiction). Any legal suit, action or proceeding arising out of,
or related to, these Terms of Use or any items or services purchased
or otherwise obtained through the Website and any dispute or claim
arising therefrom or related thereto (in each case, including
non-contractual disputes or claims), shall be instituted exclusively
in the federal or state courts located in the County of New York in
the State of New York. You waive any and all objections to the
exercise of jurisdiction over you by such courts and to venue in such
courts.
No Third Party Beneficiaries
These Terms of Use do not and are not intended to confer any rights or remedies upon any person other than you.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in these
Terms of Use shall be deemed a further or continuing waiver of such
term or condition or a waiver of any other term or condition, and any
failure of the Company to assert a right or provision under these
Terms of Use shall not constitute a waiver of such right or
provision. If any provision of these Terms of Use is held by a court
or other tribunal of competent jurisdiction to be invalid, illegal or
unenforceable for any reason, such provision shall be eliminated or
limited to the minimum extent such that the remaining provisions of
the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy, and any specific written terms
of sale related to your purchase of services or products constitute
the sole and entire agreement between you and Galaxie with respect to
the Website, including any purchases made through the Website, and
supersede all prior and contemporaneous understandings, agreements,
representations and warranties, both written and oral, with respect
to the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our
sole discretion. All changes are effective immediately when we post
them. Your continued use of the Website following the posting of
revised Terms of Use means that you accept and agree to the changes.
You are expected to check this page so you are aware of any changes,
as they are binding on you.