Terms of Use

Last Modified: 2/4/2015

Acceptance of the Terms of Use

Galas and Grace™ LLC (“COMPANY”) welcomes you to this site, www.GalasandGrace.com (“SITE”) which is published, owned and operated from the State of New Jersey.

We may provide various information, content, text and promotional material via our Site. Please carefully read and abide by these terms and conditions (the “Terms of Use”), as they along with our Privacy Policy constitutes an agreement that governs your access and use to this Site, products and services.

This Terms of Use may change at any time without notice and is effective and binding immediately upon posting, so please check back periodically so you are aware of any such changes as your continued use constitutes your acceptance of such changes.

Your use of this Site means you agree to the Terms of Use, and any updates. If you do not wish to be bound by these Terms of Use or our Privacy Policy, please do not continue to use, access, visit or browse this Site.

If you have any questions regarding these Terms of Use, please contact Christine@galasandgrace.com.

Applicability

This Site is meant to be used by people 18 years of age or older who reside in the United States. By using our Site, you represent and warrant that you are of legal age of majority. We do not knowingly collect information from persons under the age of 18 and if we learn that we inadvertently have done so, we will delete such information.

Access

You are responsible to monitor and restrict the access to this Site across all of your devices. We may restrict access to this Site or any service, product, content or material provided without notice. Service may be interrupted, unavailable or restricted to some or all users for maintenance, updates or other reasons and we will not be liable for when service is down.

We may utilize third party vendors and servers to collect and store the data we collect, and while we do not have any direct control over third party servers, systems and/or networks, we endeavor to work with reputable companies and for our vendor agreements to provide for the privacy and security of your data, however, we disclaim all liabilities whatsoever with respect to all interruptions, delays and disruptions of our Site and products, including data breaches.

Personal Identifiable Information

You may be asked to provide certain personal information when accessing this Site. You agree to provide accurate, current and complete information. All information collected by us via Mailchimp® is governed by our Privacy Policy and you consent to all actions taken consistent with it.

User Contributions

Wherever you may post, comment and submit content and materials (collectively,User Contributions”) to us, you must ensure that all of your User Contributions are appropriate, original, accurate, non-obscene or pornographic, and do not violate the rights of any person or contain viruses, worms, Trojan horses, robots, spider, copying devices, or disruptive codes that may corrupt, circumvent, tamper, disable, impede, compromise, disassemble, decompile, decode, remove, delete or alter our software, functionality, features, content, Site and/or services, or otherwise attempt to create a workaround, forge or gain access to our source code, override data security, or contains commercial solicitations, political campaigning, chain letters, mail-bombing, mass mailings or any “spam” that is malicious or technologically harmful to the working order of our Site and/or products and services.

We do not guarantee any confidentiality with respect to any User Contributions so please post mindfully. You grant us a non-exclusive, perpetual, irrevocable, royalty free worldwide license to freely utilize, reproduce, modify, perform, display, distribute and disclose said content.

Intellectual Property Rights

The information displayed and shared is solely and exclusively our intellectual property. This extends to cover all content, features, functionality (including, but not limited to, all information, images, software, text, video, audio, interactive content, and the design, selection and arrangement thereof) and all names, logos, text, service names, slogans, taglines, including but not limited to, Galas and Grace and designs, trademark, copyright and/or trade dress (collectively the “Our IP”) and/or are validly licensed to us by third parties and protected by the United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and all extensions and renewals thereof.

IP Use

We expressly reserve all right, title and interest in and to the Site and any content or services. We grant you a limited, non-exclusive and non-transferable license to download, install and use a single copy a nominal amount of Our IP, on any single computer, mobile or handheld device owned or controlled by you for your personal and non-commercial purposes only (the “License”).

You may not otherwise disseminate, reproduce, modify, publicly perform, sell, publish, store or transmit Our IP or any third party’s IP material without express written consent. You are welcome to contact us for permission Christine@galasandgrace.com.

The License will terminate upon your discontinued use, the end of our services or upon your violation of the Terms of Use with or without notice. Upon termination, all rights will immediately and fully revert to us and you must cease your use of our Site and services.

Restrictions of Use

You will use this Site, Our IP and all of our products and services in a lawful manner and at your own risk. You assume full sole responsibility for all claims arising from your use and use at your own risk. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions.

Third Parties & Links

We may include links to and/or content, material, information, statements and opinions provided by third parties, other users or contributors (the “Third Party Content”). Third Party Content or links does not necessarily reflect our opinions or values or our endorsement of theirs. We will not in any way be responsible for the validity or accuracy of any such Third Party Content. We do not control, review and are not responsible for the content or maintenance of third party websites. You access, shop and transact with third parties at your own risk and we encourage you to carefully review their Terms of Use and Privacy Policies. Third parties may help us provide our products and services and will endeavor for said third party vendors to comply with our Terms of Use and Privacy Policy.

Limitations on Linking and Framing

You may establish a hypertext link to our Site in a lawful manner and only if the link does not state or imply any sponsorship of you by us or our Site. You may not, frame or inline link any of our Site content, or incorporate into another website or other service any of our material, content or intellectual property, without our prior written permission.

Monitoring

We may but are not required to monitor the Site and may remove or modify content at our discretion, track users and run analytics and security testing. We may remove or refuse any content contributions with or without notice at our discretion, but cannot promise prompt removal. We assume no liability for any action or inaction regarding any user or third party. We may maintain backup logs and copies of posts, user data and User Contributions.

Copyright Infringement Claims

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you, or your agent may send us a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Our Copyright Agent for notice of claims of copyright infringement or counter notices can be reached by sending notice to Christine@galasandgrace.com.

Reliance on Information

The information we present and provide is made available solely for general information purposes. Your use of this Site and the exchange of information via this Site or other electronic communication does not constitute a doctor-patient or other formal relationship with us or as medical advice and should not be utilized in lieu of medical advice from your medical and health care professionals. Please do not stop any treatment without consulting your medical professionals. If you have health care related questions, please call or see your physician promptly. If you have an emergency then call your physician or 911 immediately.

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 your reliance placed on such materials, information and content.

Disclaimer of Warranties

We cannot promise, represent or guarantee a perfect data security or anti-virus protection experience.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SITE, OUR IP, PRODUCTS, SERVICES AND CONTENT IS SOLEY AT YOUR OWN RISK AND IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT WHICH MAY ARISE DURING THE COURSE OF PERFORMANCE OR USAGE OF TRADE. NEITHER WE OR ANY OF OUR ASSOCIATED PERSONNEL, MANAGERS, MEMBERS, OWNERS, OFFICERS, DIRECTORS, STAFF, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, SUBSIDIARIES, AFFILIATED, PARENT AND RELATED COMPANIES, PARTNERS, AFFILIATES, VENDORS, LICENSEES NOR ANY PERSON/ENTITY AND THEIR RESPECTIVE SUCCESSORS, AGENTS, ASSIGNS AND HEIRS, (COLLECTIVELY, “OUR PERSONNEL”) INVOLVED WITH THE CREATION, PRODUCTION, EXECUTION AND DISTRIBUTION OF OUR SITE, CONTENT, DATABASE, PRODUCTS AND SERVICES DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL TECHNOLOGICAL OR SECURITY COMPONENTS; OR THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS. WE ASSUME NO RESPONSIBILITY WHATSOEVER FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES OR OTHER CONTENT OF OUR SITE. WE MAKE NO WARRANTY WHATSOEVER REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OUR SERVICES OR ANY

TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY, EXPRESS OR IMPLIED (ALL OF THE FOREGOING SHALL BE COLLECTIVELY REFERRED TO AS THE “DISCLAIMER”).

Limitation on Liability

WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES WHATSOEVER FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXEMPLARY, LOST PROFITS, LOSS OF DATA THAT RESULT FROM THE DISCLAIMER OR THE USE OF, OR INABILITY TO USE, THIS SITE, OUR PRODUCTS AND SERVICES, OR OTHER LINKED SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE EVEN IF WE HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF DAMAGE. YOUR SOLE REMEDY IS TO STOP USING OUR SITE, PRODUCTS AND SERVICES.

Indemnification

You will fully indemnify, save, defend and hold us and our personnel, licensors, suppliers, website hosts, advertisers and their respective directors, officers, managers, members, employees, consultants, agents and other representatives, licensees, heirs, successors and assigns, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from: (a) your breach of these Terms of Use; (b) any allegation that any materials you submit to us or transmit via our Site infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party or is objectionable or offensive; (c) your misuse of this Site and/or (d) your use of any products or services purchased from us.

Governing Law and Jurisdiction

All matters relating these Terms of Use and any dispute or claim arising therefrom or related, shall be governed by and construed in accordance with the laws of the State of New Jersey without regard to any choice or conflict of law provisions.

Any dispute should first be brought to our attention for a good faith resolution. If you wish to pursue a matter further and file a legal suit, action or proceeding arising out of or related to these Terms of Use or against us, it shall be instituted exclusively in the courts of the State of New Jersey. We retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in the State of New Jersey.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OUR SITE, PRODUCTS OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

If any provision of these Terms of Use is deemed, unlawful, void or unenforceable or is waived, it will not affect the validity and enforceability of any other provision which will remain in full force and effect.

Entire Agreement

The Terms of Use and Privacy Policy constitute the sole and entire agreement between us and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, whether written and oral.

Questions

All other feedback, comments, requests for technical support and other communications may be directed to Christine@galasandgrace.com.

Thank you for visiting www.GalasandGrace.com.