Effective Date: June 2, 2023
These website terms of use (“Terms”) constitute a legal agreement between you and Galway Sustainable Capital, Inc. (“Galway”, “we”, “us”, or “our”) and govern your use of our website available at https://galwaysustainable.com/ (the “Site”), and all content made available on the Site.
YOU MAY NOT USE OR ACCESS THE SITE IF YOU DO NOT AGREE TO THESE TERMS. PLEASE REVIEW THEM CAREFULLY. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU ACCEPT THE TERMS SET FORTH HEREIN. Your use of the Site is also subject to our Privacy Policy, which is incorporated into these Terms.
BINDING ARBITRATION
THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND GALWAY MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST GALWAY TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. Please review the Sections below entitled, “Binding Arbitration,” “Class Action Waiver,” and “Jury Trial and Small Claims Court” for the details regarding your agreement to arbitrate any disputes with Galway.
Changes to Terms
The Effective Date of these Terms is set forth at the top of this webpage. We may change these Terms from time to time in our discretion. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current Terms. Your continued use of the Site after the Effective Date of any amended Terms constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions.
INTELLECTUAL PROPERTY RIGHTS
The Site, and all documents, information, files, text, photographs, images, audio, and video which it may contain, and any material made available for download on the Site (collectively, the “Content”) are the property of us or our licensors, as applicable. The Site and Content are protected by United States and international copyright and trademark laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. All rights not expressly granted herein are reserved to us and our licensors.
License
Galway grants you a limited license to access and make personal use of the Site subject to these Terms. The Site and Content may not be reproduced, copied, framed or otherwise exploited for any commercial purpose without the express prior written consent of Galway.
PROHIBITED CONDUCT
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (i) accessing data not intended for you or logging onto a server or an account which the user is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) accessing or using the Site or any portion thereof without authorization; or (iv) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
You agree not to use the Site:
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (i) you have the legal capacity and you agree to comply with these Terms; (ii) you are not a minor in the jurisdiction in which you reside; (iii) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (iv) you will not use the Site for any illegal or unauthorized purpose; and (v) your use of the Site will not violate any applicable law or regulation, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your access to the Site (or any portion thereof).
SUBMISSIONS
Except for any personal information we may collect from you under the guidelines established in our Privacy Policy, you acknowledge and agree that any questions, comments, suggestions, ideas, feedback, information regarding the Site or any other communication you transmit, upload or post to this Site (“Submissions”) provided by you to us are non-confidential and non-proprietary and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions in identifiable or de-identifiable form for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral, publicity and privacy rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
LINKS TO THIRD PARTY SITES
The Site may contain links to third-party websites, applications and advertisements. Please understand that those third-party websites, applications and advertisements have different terms of use and privacy policies, and that Galway does not endorse or control and is not responsible for the content of such websites or the privacy practices of such third parties. The information collected by such third-party websites is not covered by these Terms or our Privacy Policy.
Communications
By providing your contact information, you electronically agree to accept and receive communications from us including via email, text message, and calls to the cellular telephone number you provided to us. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Galway, including but not limited to communications concerning orders placed through your account on the Site. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may change your notification preferences by accessing the Settings in your account. You may also opt-out of receiving text messages from Galway by replying “STOP” from the mobile device receiving the messages.
GOVERNING LAW
These Terms and your use of the Site 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.
BINDING ARBITRATION
Arbitration
Any dispute, controversy, or claim between us arising out of or relating in any way to these Terms, the Site or any Content will be resolved by binding arbitration, rather than in court, except that you or we may (1) assert claims in small claims court if your or our claims qualify, and (2) bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders. The Federal Arbitration Act and federal arbitration law shall apply to this arbitration agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).
At least thirty (30) days before beginning an arbitration proceeding, you must send an individualized letter identifying yourself, your legal claims, the requested relief and requesting arbitration to Galway Sustainable Capital, Inc., 1400 16th Street, NW, Suite 300, Washington, DC 20036 by certified mail, Federal Express, UPS or USPS express mail (signature required). We will do the same; except in the event that we do not have a physical address on file for you, by electronic mail to the last known email address. Except as otherwise stated herein, the arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. You and we also agree to delegate the issue of arbitrability to an arbitrator. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, except the filing fees will be paid by the filing party. If you are a prevailing party, you may seek reimbursement of your fees and costs. However, Galway may seek its attorney’s fees and costs if the arbitration finds your claims to be frivolous. There will be only one arbitrator, not a panel. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. This arbitration agreement will survive termination of the agreement.
CLASS ACTION WAIVER
We each agree that any dispute resolution proceedings or lawsuits, whether in arbitration or in a court of law, will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive all rights to bring claims on behalf of a class of persons; however, you may still bring an individual claim for public injunctive relief and in small claims court. Nothing in this provision, however, should operate to prevent the parties from settling claims on a class-wide basis.
JURY TRIAL AND SMALL CLAIMS COURT
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders.
CORRECTIONS
There may be information on the Site 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 Site at any time, without prior notice.
DISCLAIMER
WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE AND CONTENT IS PROVIDED BY GALWAY ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GALWAY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE.
LIMITATIONS OF LIABILITY
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL GALWAY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF WHATSOEVER KIND ARISING OUT OF ACCESS TO OR USE OF THE SITE, OR CONTENT AVAILABLE ON THE SITE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITEOR CONTENT IS TO STOP USING THE SITE AND/OR THE CONTENT. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, OUR MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THIS SITE AND THE CONTENT IS FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.
Any claims arising in connection with your use of the Site or Site must be brought within one (1) year of the date of the event giving rise to such action occurred.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Galway and our affiliates, and our respective officers, directors, employees, agents and representatives from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms or from our termination of your access to or use of the Site. Such termination will not affect either party’s rights or obligations that accrued before the termination.
MISCELLANEOUS
We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to remove your account and any contents generated by you on the Site, block your access to the Site, block IP addresses.
If any provision of these Terms is held to be unenforceable, the remaining Terms shall remain in full force and effect, and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any right.
CONTACT US
If you have any questions about the Site or these Terms, please contact us at by email at notice@galway4.com.