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Privacy Policy
Last modified: 11/28/2021

Please Note that this Privacy Policy is part of a subject to the provisions of The Galley’s Terms of Use.

Privacy Statement

QVI, Inc., dba The Galley (“The Galley”) ”) respects your privacy and is committed to protecting it through our compliance with this policy. This Statement of Privacy applies to The Galley Website and governs data collection and usage. By using The Galley website, you consent to the data practices described in this statement

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. You are under no obligation to agree to this Privacy Policy, but by using the Site, or by clicking to accept or agree to the Privacy Policy when this option is made available to you, you accept and agree to be bound and abide by this Privacy Policy. If you do not agree to this Privacy Policy, do not access or use the Site.

This policy may change from time to time, as described below. Your continued use of the Site after we make changes is deemed to be acceptance of those changes, so please check the policy frequently for updates.

Use of the Services by Persons Under 21 Not Permitted

The Galley intends only persons who are 21 years or older to use the Services. Any use of the Services by persons under the age of 21 is strictly prohibited. You agree that by using this website you represent that you are at least 21 years old and that you are legally able to enter into this Agreement. Use of the website by persons under 21 is strictly prohibited.

Our Services, including our website, are intended for a mature audience. We do not direct any of our content at children. Do not supply to us or disclose on the Services any personal information of any person under 21 years of age, as we do not intend to collect information from anyone under 21 or invite them to view or participate in this website or sign up for communications from us

Collection of Your Personal Information

Users who register for mailing lists on our website will receive the option to receive newsletters, promotions, and other special benefits. We may collect names, email addresses, telephone numbers, and mailing addresses or telephone numbers from such users. The Galley also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites.

There is also information about your computer hardware and software that is automatically collected by The Galley. This information can include: your IP address, browser type, domain names, access times and referring Website addresses. This information is used by The Galley for the operation of the website service, to maintain quality of the service, and to provide general statistics regarding use of The Galley website.

We may also collect information that you voluntarily enter, such as in comment or feedback sections, that may include personal information, as well as other information that is automatically collected or that you choose to provide as further described in this Privacy Policy. Any such information is posted and transmitted to others at your own risk.

Website Cookies

The Galley’s website uses cookies (small text files stored on your computer) to help remember your settings, preferences, and selections as you surf through our website with your web browser. We may use web cookies in order to maintain your web browser’s website session, track your use of our website, and to store your preferences and selections. Third-party cookies from Google and other companies are also used to display promotions and advertisements relevant to you, track your website usage, and to generate website usage analytics.

For your privacy, They Galley’s and third-party cookies are designed to not store personally identifiable data. We do not store personal information in cookies, nor transmit personal information to third parties via cookies.

If you prefer not to receive cookies, you may configure your browser not to accept them at all, or to notify and require approval before accepting new cookies. Some web pages/sites may not function properly if the cookies are turned off, or you may have to provide the same information each time you visit those pages.

We may use the following types of cookies:

• Strictly necessary cookies: These cookies are essential in order to enable you to move around the Site and use its features, such as accessing secure areas of the website.

• Performance cookies: These cookies collect information about how you and other Users use the website, for instance which pages you go to most often, and if you get error messages from web pages. These cookies don’t collect information that identifies a user. All information these cookies collect is aggregated and so anonymous. It is only used to improve how our website works.

• Functionality cookies: These cookies allow us to remember choices you make (such as your username, language or the region you are in) and provide enhanced, more personal features. These cookies can also be used to remember changes you have made to parts of web pages that you can customize. They may also be used to provide Services you have asked for such as commenting on a blog. The information these cookies collect may be anonymized and they cannot track your browsing activity on other websites.

Information Collected Automatically or Passively

We may use automatic data collection technologies in order to collect certain information about your equipment, browsing activities, and patterns, including details of your visits to our website, including location data, traffic data, logs, and other communication data; and information about your computer and Internet connection, including your IP address, browser and operating system. We may also use third party proprietary analytics metrics technologies such as Google Analytics to collect non-personal information when you use our website on your personal computer or mobile device. These tools and technologies use server log files, Cookies, and other tracking technologies to collect and analyze broad demographic information about the visitors to our website. The information collected automatically may include personal information or we may maintain it or associate it with personal information we collect in other ways or receive from third parties, allowing us to improve your experience and recognize you when you return to our Site.

Use of Your Personal Information

The Galley may collect and use your personal information to operate The Galley website and deliver the services you have requested. The Galley also may contact you by email, regular mail, text message, or telephone from time to time with information about our new products and services, special offers, upcoming events, and changes to this Website, or surveys to conduct research about your opinion of current services or of potential new services that may be offered.

The Galley does not sell, rent or lease its customer lists to third parties. The Galley may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, The Galley may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to The Galley, and they are required to maintain the confidentiality of your information.

The Galley does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.

The Galley keeps track of the pages our customers visit within The Galley website, in order to determine what The Galley services are the most popular. This data is used to deliver customized content and advertising within The Galley to customers whose behavior indicates that they are interested in a particular subject area.

The Galley will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on The Galley or the site; (b) protect and defend the rights or property of The Galley; and, (c) act under exigent circumstances to protect the personal safety of users of The Galley, or the public.

Where We Store Your Personal Data

All information you provide to us is stored on our secure servers located in the United States. Where we have given you (or where you have chosen) a password which enables you to access the Site, you are responsible for keeping this password confidential. You must not share a password with anyone. Any payment transactions will be encrypted using Secure Socket Layer (SSL) technology.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

Accessing Your Information

You may also send us an email at Info@TheGalleySR.com to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Information Security

The Galley has reasonable security measures in place designed to prevent accidental loss of your personal information and from unauthorized access, use alteration, or disclosure of the information that we obtain from you. Such measures include, but are not limited to, access controls, monitoring, and the utilization of encryption to securely transmit sensitive information. Please keep in mind, however, that whenever you give out personal information online or at any store, there is a risk that third parties may intercept and use that information.

We strive to protect your personal information and privacy, but we cannot guarantee the security of any information you disclose. By using the Services, you expressly acknowledge and agree that we do not guarantee the security of any data provided to or received by us through the Services and that any personal information, general information, or other data or information received from you to us is provided to us at your own risk, which you expressly assume. We are not responsible for circumvention of any privacy settings or security measures contained on the website.

Third Party Links and Privacy Policies

This privacy statement applies solely to information collected by this website. The Galley encourages you to review the privacy statements of websites you choose to link to from The Galley so that you can understand how those websites collect, use and share your information. The Galley encourages you to be aware when you leave our website and to read the privacy statements of each and every website that collects personally identifiable information. The Galley is not responsible for the privacy statements or other content on websites outside of The Galley.

Business Transfers

We may choose to buy or sell businesses or assets. In these types of transactions, user information is typically one of the business assets that are transferred. Also, if The Galley’s business (or substantially all of its assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, user information would be one of the assets that is transferred to or acquired by a third party. You acknowledge and agree that such transfers may occur, and that any acquirer of Company may continue to use your personal information as set forth in this Policy.

California Privacy Rights

Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information which Company shares with third parties for marketing purposes, and providing contact information for such third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: QVI Inc., 3230 Sebastopol Road, Santa Rosa, CA 95407.

Opting Out after Signing Up to Receive Communications

When you register for an account on our website, you consent to receive certain communications from us. If you do not want to receive these communications, you may opt out from receiving promotional emails by clicking “unsubscribe” in the link we include in these emails

Account Deletion

If you create an account with us, and decide to delete your account, you may do so by emailing us at Info@TheGalleySR.com. If you delete your account, any association between your account and information we store will no longer be accessible through your account. But, any public activity on your account before it was deleted will remain stored on our servers and will remain accessible to the public. We may retain an archived copy of your records as required by law or for legitimate business purposes.

Privacy Statement Changes

The Galley will occasionally update this Statement of Privacy to reflect community and user feedback. The Galley encourages you to periodically review this Statement to be informed of how The Galley is protecting your information.

Contact Information

If you need information or have any questions or concerns about this Privacy Policy or our use of your Personal Information, or wish to review all of your Personal Information, you may contact us via e-mail at Info@TheGalleySR.com. We will use our best commercially reasonable efforts to promptly answer your question and determine and remedy ay concern.

GALLEY TERMS OF USE

Terms of Use

TheGalleySR.com website (“Website”) is operated by QVI, Inc., dba The Galley (“The Galley,” “Company,” “Us” or “We”). Your use of and access to this Website is conditional upon your acceptance of these Terms of Use including our Privacy Policy, which is incorporated into these Terms of Use and describes our data collection, use, and sharing practices.

If you do not agree with these Terms of Use or our Privacy Policy, do not access or use the Website. By accessing this Website, you are agreeing to these terms of use and our Privacy Policy. We may modify these Terms of Use at any time without notice. All changes will be effective immediately upon posting to the Website.

Permitted Users

This Website is intended to be used and accessed only by persons who are 21 years or older. You agree that by using this Website you represent that you are at least 21 years old and that you are legally able to enter into this Agreement. Use of the Website by persons under 21 is strictly prohibited. No information obtained by this website falls within the Child Online Privacy Act (COPA) and is not monitored as doing so.

To access this Website or some of the resources it has to offer, you may be asked to provide certain sign-up details or other information. It is a condition of your use of this Website that all the information you provide on this Website will be correct, current, and complete. If we believe the information you provide is not correct, current, or complete, we have the right to refuse you access to this Website or any of its resources, and to terminate or suspend your access at any time, without notice.

Intellectual Property Rights

Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to The Galley or any affiliated third party is strictly prohibited


 All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of The Galley or its affiliated brands and content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of The Galley, with copyright authorship for this collection by The Galley, and protected by international copyright laws.

The Galley’s trademarks and trade dress may not be used in connection with any product or service that is not The Galley’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Galley. All other trademarks not owned by The Galley or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Galley or its subsidiaries.

Proprietary Information

The Galley grants you a limited license to access and make personal use of this site. The material and content (hereinafter referred to as the “Content”) accessible from this Website is the proprietary information of The Galley or the party that provided the Content to us, and The Galley or the party that provided the Content to us retains all right, title, and interest in the Content.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of The Galley so long as the link does not portray The Galley, its brands and affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.

The Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of The Galley, or unless authorized in writing elsewhere on our Website, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Galley and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing The Galley’s name or trademarks without the express written consent of The Galley. Modification or use of the Content except as expressly provided in these Terms of Use violates The Galley’s intellectual property rights. Any unauthorized use terminates the permission or license granted by The Galley.

Third-Party Websites

This Website may link to, or be linked to, websites not maintained or controlled by The Galley. Those links are provided as a convenience and The Galley is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party website or any products or services made available through those websites. Please take care when leaving the Website to visit a third-party website. You should read the terms of use and privacy policy for each website that you visit. We assume no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Website.

Site Content Changes

We may update the content on the 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.

Use of Website at Own Risk

You understand that The Galley cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, or other code that may manifest contaminating or destructive properties. Your use of the Website is at your own risk and you, alone, are responsible for any damage to your computer hardware, software, systems, and networks, any loss of data that results from the download of any data from the Website, and any other damage that may be incurred. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Website for the reconstruction of any lost data. The Galley does not assume any responsibility or risk for your use of the Internet.

Disclaimer of Warranties

THE CONTENT ON THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. NEITHER THE GALLEY OR ANY PERSON ON THE GALLEY’S BEHALF HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER, EITHER ORAL OR WRITTEN, REGARDING THE INFORMATION OR PRODUCTS AVAILABLE VIA THE WEBSITE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOU ACKNOWLEDGE THAT IN OBTAINING INFORMATION OR PRODUCTS THROUGH THE WEBSITE YOU ARE NOT RELYING ON ANY REPRESENTATION OR WARRANTY MADE BY THE GALLEY, OR ANY OTHER PERSON ON THE GALLEY’S BEHALF. YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAW RELATED TO CANNABIS, AND BY PROVIDING ACCESS TO CANNABIS TO VISITORS OF THE WEBSITE THE GALLEY IS IN NO WAY GUARANTEEING THE LEGALITY OF THE POSSESSION OR USE OF CANNABIS FOR YOUR PARTICULAR PURPOSE.

THE GALLEY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

THE GALLEY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE GALLEY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ASSUME ALL RISK AND LIABILITY FOR THE RESULTS OF THE POSSESSION OR USE OF CANNABIS OBTAINED FROM THE GALLEY AND/OR THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, GENERAL EFFECTIVENESS, YOUR ACTIONS WHILE USING CANNABIS, AND CONFLICT BETWEEN STATE AND FEDERAL LAW, AND REGARDLESS OF ANY ORAL OR WRITTEN STATEMENTS MADE BY THE GALLEY, BY WAY OF ADVICE OR OTHERWISE, RELATED TO THE POSSESSION OR USE OF CANNABIS.

THE GALLEY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THE GALLEY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL THE GALLEY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, OR ATTORNEYS’ FEES, COSTS OR PREJUDGMENT INTEREST BASED ON CLAIMS OF THE OTHER PARTY OR ANY OTHER PARTY ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT, FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.

Limitation on Liability

We do not warrant the accuracy, completeness, or usefulness of any information on the Website. 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 Site, or by anyone who may be informed of any of its contents.

The Site includes content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by The Galley, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of The Galley. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

IN NO EVENT WILL THE GALLEY, 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 ANY ITEMS OBTAINED THROUGH THE WEBSITE, 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, ATTORNEY’S FEES, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE GALLEY AND ITS AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE GALLEY IN THE 12 MONTHS PRECEEDING THE EVENTS THAT LED TO THE CAUSE OF ACTION, OR, IF GREATER, FIVE HUNDRED DOLLARS ($500).

Indemnity

You will indemnify and hold The Galley, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the "Indemnified Parties”) harmless from any breach that arises out of or in connection with (1) your access to or use of the Website, including to obtain cannabis products; (2) your misuse of any material, data, or other data downloaded or otherwise obtained from the Website; or (3) your breach of these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Website. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Proposition 65

California’s Proposition 65 requires the provision of a warning to California consumers regarding products containing certain chemicals. We are providing the Proposition 65 warning for the products that are depicted or offered for sale on or through our Website:

WARNING: This product can expose you to chemicals including beta-myrcene, which is known to the State of California to cause cancer, and THC (Δ⁹-Tetrahydrocannabinol or Delta-9- Tetrahydrocannabinol), which is known to the State of California to cause reproductive harm. For more information go to www.P65Warnings.ca.gov.

While we make every effort to feature products responsibly, we also want our customers to make informed purchasing decisions, including learning more about Proposition 65. For more information about Proposition 65, please visit the California OEHHA Proposition 65 program at www.oehha.ca.gov.

Information You Provide

The Galley will treat any personal information that you submit through this Website in accordance with its Privacy Policy as set forth on this Website.

If we offer an opportunity for public comment and other submissions, you may not post, send, submit, publish, or transmit in connection with this Website any material that:

• you do not have the right to post, including proprietary material of any third party;

• advocates illegal activity or discusses an intent to commit an illegal act;

• vulgar, obscene, pornographic, or indecent;

• does not pertain directly to this Website;

• threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;

• seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

• infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;

• violates any law or may be considered to violate any law;

• impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

• advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Website;

• solicits funds, advertisers or sponsors;

• includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

• disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Website;

• includes MP3 format files;

• amounts to a ‘pyramid’ or similar scheme;

• disobeys any policy or regulations established from time to time regarding use of this Website or any networks connected to this Website; or

• contains hyperlinks to other Websites that contain content that falls within the descriptions set forth above.

Although under no obligation to do so, we reserve the right to monitor use of this Website to determine compliance with these Terms of Use, as well the right to remove or refuse any submissions for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither The Galley nor any third party that provides Content to The Galley will assume or have any liability for any action or inaction by The Galley or such third party with respect to any submission.

Security

We care about the security and integrity of your personal information. But we cannot guarantee that unauthorized third parties will never be able to defeat the security measures we have in place, or use your personal information for improper purposes. You acknowledge and agree that you provide your personal information at your own risk.

Any passwords used for this Website are for individual use only. You will be responsible for the security of your password (if any). The Galley will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that The Galley considers insecure, The Galley will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, The Galley reserves the right to release your details to system administrators at other Websites in order to assist them in resolving security incidents. The Galley reserves the right to investigate suspected violations of these Terms of Use.

The Galley reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing The Galley to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS THE GALLEY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE GALLEY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER [THE GALLEY] OR LAW ENFORCEMENT AUTHORITIES.

Governing Law

These Terms of Use are governed by the law of the State California, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in California in connection with any dispute between you and The Galley arising out of or pertaining to these Terms of Use. The Parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in Sonoma County, California. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Website will govern the items to which they pertain.

Disputes


 Any dispute relating in any way to your visit to this Website or to products you purchase or receive through The Galley shall be submitted to confidential mediation in California, United States, except that, to the extent you have in any manner violated or threatened to violate The Galley’s intellectual property rights, The Galley may seek injunctive or other appropriate relief in any state or federal court in the state of California, United States, and you consent to exclusive jurisdiction and venue in such courts. In the event Mediation is unsuccessful, within thirty (30) calendar days of mediation, the Dispute shall be finally settled by binding arbitration administered pursuant to JAMS’ Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules (or, if mutually agreed to by the Parties, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures). Any Dispute submitted to final, binding arbitration shall be heard in Santa Rosa, California by a single arbitrator mutually chosen by the Parties in writing, who shall be a retired judge or litigator with five (5) years or more of experience with claims similar to the Dispute. The arbitrator shall not have any power to alter, amend, modify or change any of the terms of this Agreement nor to grant any remedy that is either prohibited by the terms of this Agreement, or not available in a court of law. The arbitrator is not empowered to award attorneys’ fees, or punitive or exemplary damages, except where such damages permitted by statute, and the Parties waive any right to recover any such damages. In the event this arbitration agreement or a resulting arbitration award is subject to review by a court, such court shall use the arbitrary and capricious standard of review. Prior to an arbitrator’s final decision on a Dispute, the costs of any arbitration, including any JAMS administration fee, the arbitrator’s fee, and costs for the use of facilities during the hearings, shall be borne equally by the Parties to the arbitration. Judgment on a final award rendered by the arbitrators may be entered and enforced in any court of competent jurisdiction.

Notwithstanding the foregoing, in the event of any actual, alleged or threatened violation of confidentiality or violation of the Galley’s intellectual property or other proprietary rights, The Galley may immediately resort to court proceedings in a court of competent jurisdiction as set forth above in order to seek immediate injunctive relief without posting of a bond, proof of damages or other similar requirement. The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration. The parties agree that they must initiate arbitration within one (1) year after any Dispute arose; otherwise, the Dispute is permanently barred.

These Terms of Use, including our Privacy Policy, are the entire agreement between you and The Galley with respect to your access to and use of the Website. The Galley’s failure to enforce any provision of these Terms of Use will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by The Galley. If any provision of these Terms of Use is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms of Use are for convenience only and do not affect the interpretation of these Terms of Use. These Terms of Use inure to the benefit of The Galley’s successors and assigns. Any provisions of these Terms of Use that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms of Use or of your access to or use of the Website.

Third-Party Beneficiaries

These Terms of Use do not confer any rights, remedies, or benefits upon any person other than you and The Galley, except that our subsidiaries and affiliates are third-party beneficiaries of these Terms of Use.

Termination

At its sole discretion, The Galley may modify or discontinue the Website, or may modify or terminate your account or your access to this Website, for any reason, with or without liability to you or any third party.

Electronic Communications

These Terms of Use and any other documentation, agreements, notices, or communications between you and The Galley may be provided to you electronically to the extent permissible by law. Please save a copy of all documentation, agreements, notices, and other communications for your reference.

Contact Us

Please direct any questions and concerns regarding these Terms of Use to us by email at Info@TheGalleySR.com.

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