TERMS & CONDITIONS
We, Naturizon Inc. and our related and associated entities, subsidiaries and agents (“We”, “Us” or “Our”), being the entity responsible under contract for the management, sales and distribution of the products displayed on the Galaxy Energy™ website (the “Website”), would like to welcome you to www.galaxyenergy.com. The Website and Your use thereof, including review of materials, posting of comments and information, entering into contests of promotions and use of the Galaxy Energy™ product™ (hereinafter “Product(s)”) shall be governed by these terms and conditions (the “User Agreement”), Privacy Policy and Disclaimer as contained within separate and distinct tabs or pages of the Website. The User Agreement constitutes a legally binding agreement between Us and You, so please read these Terms and Conditions carefully. When You access or enter the Website, You acknowledge that You have read, understand, and agree to be bound by the User Agreement. If You do not agree to be bound by these terms, You may not use this site and must exit immediately.
1. USE OF SITE
You may be asked to provide certain contact information or other details when You try to access some resources or information that is available on the Website. As part of condition to use the Website, You are responsible for providing correct, current, and complete information when required. We reserve the right to refuse You access to the Website or any of its resources, contests or promotions and to terminate or suspend Your access at any time, whether as a result of a breach of the User Agreement or otherwise.
2. PROHIBITED USE OF THE SITE
You are permitted to use the Website for the purposes that has been permitted by this User Agreement only. As a condition for You to use the Website, You warrant to Us that You will not proceed to use the Website for any purpose that is set to be unlawful, in accordance with applicable law or prohibited by the User Agreement. Some on of the prohibited actions include (a) co-brand this Website; (b) framing this Website; and/or (c) hyper-linking to the Website without the express prior written permission from authorized representative of Ours. The word “co-branding” shall be understood for the purposes of this User Agreement to mean the displaying of a name, logo, or trademark, in a manner that comes to show, portray, provide the perception or directly/indirectly imply that such party has the right to display, publish, or distribute the Website or material accessible within the Website, or that We or the Website endorse, support or otherwise have an interest in or relations with such other party. You agree to cooperate with Us in preventing any unauthorized co-branding, framing, hyper-linking or related activities. In addition, You may not use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials, content, or information through any means, not intentionally made available or provided for through the Website.
3. INTELLECTUAL PROPERTY
Trademarks, service marks, logos, graphics, designs, documentation, software, contents, data, ideas, know-how, compilations, magnetic translations, digital conversions and other materials included within the Website and/or related to the Website, and all modifications and derivative works (hereinafter “Intellectual Property”) appearing in the Website are and/or shall be deemed to be our property and under our ownership or the ownership of the related or third party that provided the trademarks, services marks, logos, and copyrighted works to Us. Except as provided in this User Agreement, We do not grant You any express or implied right in or under any patents, trademarks, copyrights, images, content or trade secret information. In accordance with the Limited Liability section of this User Agreement, as part of the use of the Website, You agree not to bring any claim against Us, or our affiliates, subsidiaries, current or past officers or directors, employees, agents, sponsors, third party content providers, licensors, licensees or other similar parties for any claim of intellectual property infringement under any circumstances.
The posting of information or materials on the Website by Us does not constitute a waiver of any rights in any Intellectual Property or the content of such information and/or materials. You shall not challenge, contest or otherwise impair Our ownership of the Website and the contents included therein or the validity or enforceability of Our rights in the Intellectual Property, whether owned or licensed by Us. We reserve the right in our sole discretion to edit or delete any information or other content appearing on the Website at any time without notice. Nothing contained in this User Agreement shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in the Intellectual Property or any copyright, trademark, patent or other intellectual property rights held by Us or any third party related or contracted thereto or therewith.
4. HYPERLINKING/LINKED SITES
The Website may provide a link to other websites by allowing You to leave the Website to access third-party material (“Linked Site”). We, unless otherwise denoted are not related to, nor do We have discretion to alter, update, or control the content on a Linked Site. We have not reviewed such Linked Sites and are not responsible for the content of such Linked Sites. The fact that We provide a link to another website is not an endorsement, authorization, sponsorship, or affiliation with respect to such third party website, its owners, or its providers. Linked Sites are to be accessed at the user’s own risk, and We make no representations or warranties about the content, completeness or accuracy of these Linked Sites. You should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other terms and conditions that may differ from those provided under this User Agreement or the Website. We are not responsible for such differences or Your failure to investigate such alternative provisions and expressly disclaims any and all liability related to the terms or conditions or another Linked Site.
5. LIMITATION OF LIABILITIES
We and Our subsidiaries, affiliates, current and past officers and directors, employees, agents, licensors, service providers, attorneys, content providers, will not be liable for any incidental, direct or indirect, punitive, actual, consequential, special, exemplary or other damages, including loss data, use, revenue, income, profit, pain and/or suffering, emotional distress, or similar damages, even if We have been advised of the possibility of such damages, such damages could have been foreseen or which result from the actions or omission of Us.
The foregoing limitation applies to claims based on warranty, contract, tort (including negligence), liability (including but not limited to product liability), or any other legal theory. Some jurisdictions do not allow limiting liability for certain damages. In such jurisdictions, Our liability shall be limited to the extent permitted by applicable law, without affecting or limiting the validity of any other terms or conditions contained within this User Agreement. In no event will Our collective liability and that of Our subsidiaries, affiliates, current and past officers, directors, employees, agents, licensors, service providers, content providers, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the lesser of USD $100 or the amount You have paid to Us for the applicable content or service out of which the liability arose.
You expressly agree that use of the Website is at Your sole risk. Neither Us nor Our affiliates, or any of Our current or past officers, directors, employees, agents, third-party content providers, sponsors, or licensors (collectively, “Providers”), or the like, warrant that the Website will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Website or any Product(s) or services displayed or promoted herein or as to the accuracy, completeness, reliability, or security of the contents of the Website. The Website and the information, content, and materials on the Website are provided on “as is,” “where is,” and “where available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Website, or to the content, information, or the materials on this Website or the Product(s) promoted thereon, unless otherwise specifically stated. We expressly disclaim all warranties of any kind, express or implied, to the fullest extent permissible under applicable law, with respect to any of the materials, content, information or claims on the Website or Your use of the Website generally, including warranties of merchantability, accuracy of information, quality, title, fitness for a particular purpose, and non-infringement.
Further terms and conditions are outlined within the DISCLAIMER page of the Website which terms contained therein shall form a part of this User Agreement.
6. INDEMNIFICATION
Every time You use this Website You confirm Your acceptance of the User Agreement and agree to be bound by the User Agreement, as it may be amended from time to time. You shall, and hereby do, indemnify, defend, and hold harmless Us and Our affiliates, subsidiaries, current and past officers, directors, employees, agents, sponsors, and licensors from and against any and all claims and expenses, including reasonable attorneys’ fees, arising out of or related in any way to Your user-submitted content, use of the Website, violation of this User Agreement, violation of any law or regulation, or violation of any proprietary or privacy right. This includes, but is not limited to, defense and indemnification of Us for any unlawful or unpermitted uploading of any information or images by You directly or as a result of Your negligence or omission. This indemnification shall survive any termination or suspension of Your use of this Website.
7. USER CONTENT SUBMISSIONS
All user-submitted content You submit, whether publicly posted or privately transmitted, is Your sole responsibility. This means that You, and Us, are entirely responsible for all content that You upload, post, e-mail, or otherwise transmit via the Website or other forms of media affiliated, monitored, updated by Us. You shall not transmit content or otherwise conduct or participate in activities on the Website and other form of media that are prohibited by law in the applicable jurisdiction(s). You hereby grant to Us a royalty-free, perpetual, irrevocable, non-exclusive right and license (with the right to sublicense through multiple entities or assigns) to use, reproduce, copy, modify, publish, adapt, host, cache, index, archive, create derivate works from, translate, perform, display, and/or distribute all Your user-submitted content (“User Content”), in whole or in part, worldwide and to incorporate it in other works in any form, media or technology now known or herein after developed without accounting, notification, credit, or other obligation to You in a monetary or other form. We do not control User Content unless such content is provided and uploaded directly by Us. We shall maintain the right but not the obligation to monitor Your submissions and reserve the right to modify, move, parse or remove any User Content at any time and for any reason in Our sole discretion, without recourse to You. You confirm that any User Content submitted, uploaded or referenced, including documents, images or the like, You have the right to own, possess or otherwise provide to Us via the Website and to confirm that You also have the rights to grant the licenses or use outlined within this User Agreement. You grant Us the right to use any material, information, ideas, concepts, know-how, or techniques contained in any User Content You provide or otherwise submit to Us for any purpose whatsoever, including but not limited to, educational purposes and developing and marketing commercial products (as We deems fit in Our sole discretion) using such information. You will not be entitled to any compensation for any of the rights You grant to Us for the User Content submitted to Us. You authorize Us to use Your name, likeness, and any other information, including Personal Information in connection with use of the User Content You provide. You agree that we may use or disclose information about You or Your use of the Website, including Your submitted content, to comply with any and all applicable laws and requests by governmental or regulatory agencies, to protect or defend Our rights or property, or to protect the safety of Us or Our employees, agents, sponsors, membership, or the public.
8. TERM AND TERMINATION
We reserve the right to terminate Your access to any part or the entire Website at any time without notice for any reason whatsoever. We also reserve the right at all times to edit, refuse to post or to remove any information, content or materials, in whole or in part, in Our sole discretion. We reserve the right to seek all remedies available at law and in equity for any violation of this User Agreement. Sections 5–15 shall survive the termination of this User Agreement.
9. NO AGENCY OR THIRD PARTY BENEFICIARY
You agree that no agency, partnership, joint venture, employee-employer, or any other form of contractual or equitable relationship exists as a result of this User Agreement or use of the Website. You acknowledge that You do not have authority or power to bind Us. In no event shall We be liable for any representation, act, or omission made by You. The parties further agree that nothing in this User Agreement is intended, or shall be construed, as creating any rights in third parties.
10. CONTROLLING LAW, JURISDICTION AND INTERNATIONAL USERS
This User Agreement is governed by and shall be construed in accordance with the laws of United Arab Emirates, U.A.E., without reference to its conflicts of laws provisions. You specifically consent to personal jurisdiction in U.A.E. in connection with any dispute between You and Us arising out of this User Agreement, use of the Website, or pertaining to the subject matter hereof. You agree the exclusive venue for any dispute between the GALAXY ENERGY and You arising out of this User Agreement or Your use of this Website will be in the state and federal courts in DUBAI JUSTICE COURT or the UNITED ARAB EMIRATES JUSTICE Court regardless of the jurisdiction in which the Website is accessed or the Product(s) are sold.
We make no representation that the materials are appropriate or available for use outside the United Arab Emirates with the exception of Canada. If You access this Website from outside the U.A.E., You will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to Your use of this Website in the jurisdiction in which You have accessed the Website.
11. ENTIRE AGREEMENT, SEVERABILITY, AND WAIVER
This User Agreement constitutes the entire agreement between Us and You with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and Us with respect to the Website and any related or derived marketing materials or communications. If for any reason a court of competent jurisdiction finds any provision of this User Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this User Agreement, and the remainder of this User Agreement shall continue in full force and effect. Any failure by Us to enforce any provision of this User Agreement shall not constitute a waiver of any rights under such provision or any other provision of this User Agreement.
12. MODIFICATIONS TO USER AGREEMENT
We reserve the right to revise this User Agreement at any time and You agree to be bound by the revised User Agreement as it may be amended. Any such modifications will become effective upon the date they are first posted to the Website. It is Your responsibility to return to this User Agreement from time to time to review the most current terms and conditions. We do not, and will not, assume any obligation to notify You of changes to this User Agreement.
You agree to be bound by any affirmation, assent, or User Agreement You transmit through the Website, including but not limited to any consent You give to receive communications from Us, either via electronic transmission or otherwise. You agree that, when in the future You click on an “I agree”, “I consent” or other similarly worded button or entry field on this Site, Your User Agreement or consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature.
13. VIOLATION OF TERMS AND CONDITIONS
Any use of the Website in violation of the foregoing violates the User Agreement and may result, among other actions, in termination or suspension of Your rights to use the Website. Any decision as to whether Your User Content or actions violate the User Agreement will be made in Our sole discretion.
14. SECURITY
You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources 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, We reserves the right to release Your details to system administrators at other websites in order to assist them in resolving security incidents. We reserve the right to investigate suspected violations of this User Agreement.
We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity of anyone posting, publishing or otherwise making available any materials that are believed to violate this User Agreement. BY ACCEPTING THIS USER AGREEMENT YOU WAIVE AND HOLD HARMLESS GALAXY ENERGY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
15. LANGUAGE
The original version of this User Agreement and all other material posted in the Website is in English. Any translated version is for Your convenience and information only. The English version of the User Agreement is binding upon You regardless of the language in which you may be viewing this User Agreement or the Website. In the event of a conflict between the terms of this User Agreement in English format and a translated version in another language, the terms of this User Agreement in English shall prevail.
16. MISCELLANEOUS
A printed version of this User Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this User Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notwithstanding the foregoing, any additional terms and conditions on the Website will govern the items to which they pertain.