TERMS & CONDITIONS

We, GALAXY ENERGY, LLC, would like to welcome you to galaxy-energydrink.com, from now on referred to as “Website”. Anywhere within the Terms of Use, from now on referred to as “Agreement”, a reference is made to “We”, “Us”, “GALAXY ENERGY” is referring to GALAXY ENERGY, LLC, authorized business partners, affiliates, subsidiaries, and agents. Whenever we refer to words such as “You”, “Your”, or “User” it refers to the person or on behalf of entity you are entering the website. The Agreement constitutes a legally binding agreement between GALAXY ENERGY and You, so please read them carefully. When you access or enter the website, You acknowledge that You have read, understand, and agree to be bound by these terms. If You do not agree to be bound by these terms, You may not use this site and 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 to provide correct, current, and complete information when required. GALAXY ENERGY has the right to refuse You access to the Website or any of its resources, and to terminate or suspend Your access at any time.

2. PROHIBITED USE OF THE SITE

You are permitted to use this website for the purposes that has been permitted by this agreement only. As a condition for You to use GALAXY ENERGY Website, You warrant to GALAXY ENERGY that You will not proceed to use the Website for any purpose that is set to be unlawful or prohibited by the Agreement. Some on of the prohibited actions include (a) co-brand this Website, (b) frame this Website, or (c) hyperlink to this website without the express prior written permission from representative of GALAXY ENERGY. In this Agreement when referred to “co-branding”, it means to display 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 this website or material accessible within this Website. You agree to cooperate with GALAXY ENERGY in preventing any unauthorized co-branding, framing or hyper-linking. In addition, You may not use GALAXY ENERGY 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 Site and related to the Site, and all modifications and derivative works are going to be referred to as “Intellectual Property” within this Agreement. Intellectual Property appearing in this Website are the property of GALAXY ENERGY or the party that provided the trademarks, services marks, logos, and copyrighted works to GALAXY ENERGY. Except as provided in this Agreement, GALAXY ENERGY does not grant You any express or implied right in or under any patents, trademarks, copyrights, or trade secret information. In accordance with the Limited Liability section of this Agreement, as part of the use of this Website, You agree not to bring any claim against GALAXY ENERGY, its affiliates, officers, directors, employees, agents, sponsors, third party content providers, licensors, licensees or the like for any claim of intellectual property infringement.

The posting of information or materials on the Website by Us does not constitute a waiver of any rights in any Intellectual Property or such information and materials. You shall not challenge, contest or otherwise impair GALAXY ENERGY’s ownership of the Website and the content therein or the validity or enforceability of GALAXY ENERGY’s rights in the Intellectual Property. 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 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 right of Monster Energy or any third party.

4. HYPERLINKING/LINKED SITES

This Website may provide a link to other websites by allowing You to leave this Site to access third-party material (“Linked Site”). GALAXY ENERGY is not related to, nor does it have discretion to alter, update, or control the content on a Linked Site. GALAXY ENERGY has not reviewed such Linked Sites and is not responsible for the content of those sites. The fact that GALAXY ENERGY provides a link to a website is not an endorsement, authorization, sponsorship, or affiliation with respect to such website, its owners, or its providers. Linked Sites are to be accessed at the user’s own risk, and GALAXY ENERGY makes 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 provisions that differ from the provisions provided on this website. GALAXY ENERGY is not responsible for such provisions and expressly disclaims any and all liability related to such provisions.

5. LIMITATION OF LIABILITIES

GALAXY ENERGY, its subsidiaries, affiliates, licensors, service providers, attorneys, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss data, use, revenue or income, pain and suffering, emotional distress, or similar damages, even if GALAXY ENERGY has been advised of the possibility of such damages.

The foregoing limitation applies to claims based on warranty, contract, tort (including negligence), liability, or any other legal theory. Some jurisdictions do not allow limiting liability for certain damages. In such jurisdictions, GALAXY ENERGY’s liability shall be limited to the extent permitted by law. In no event will the collective liability of GALAXY ENERGY and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of USD $100 or the amount You have paid to GALAXY ENERGY for the applicable content or service out of which liability arose.

You expressly agree that use of the Website is at Your sole risk. Neither GALAXY ENERGY nor its affiliates, any of their officers, directors, employees, agents, third-party content providers, sponsors, or licensors (collectively, “Providers”), or the like, warrant that this 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 as to the accuracy, completeness, reliability, or security of the Materials. This Website and the information, content, and materials on this Website are provided on “as is,” “where is,” and “where available” basis. GALAXY ENERGY makes 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 Site. GALAXY ENERGY expressly disclaims all warranties of any kind, express or implied, to the fullest extent permissible under applicable law, with respect to any of the materials, content, or information on this site or your use of this site generally, including warranties of merchantability, accuracy of information, quality, title, fitness for a particular purpose, and non-infringement.

For further notes and details on Disclaimers please refer to the DISCLAIMER page.

6. INDEMNIFICATION

Every time You use this Website You confirm Your acceptance of and agreement to be bound by this Agreement. You shall, and hereby do, indemnify, defend, and hold harmless GALAXY ENERGY, its affiliates, agents, employees, 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 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 GALAXY ENERGY for any unlawful or unpermitted uploading of any information by a user. 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 not GALAXY ENERGY, are entirely responsible for all content that You upload, post, e-mail, or otherwise transmit via this website or other form of Medias affiliated, monitored, updated by GALAXY ENERGY. You shall not transmit content or otherwise conduct or participate in activities on the website and other Medias that are prohibited by law in applicable jurisdictions. You hereby grant to GALAXY ENERGY a royalty-free, perpetual, irrevocable, non-exclusive right and license (with the right to sublicense through multiple tiers) to use, reproduce, copy, modify, publish, adapt, host, cache, index, archive, create derivate works from, translate, perform, display, and distribute all Your user-submitted 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. GALAXY ENERGY does not control user content. GALAXY ENERGY has the right but not the obligation to monitor Your submissions and reserves the right to modify, move, or remove any content at any time and for any reason in its sole discretion. You grant GALAXY ENERGY the right to use any material, information, ideas, concepts, know-how, or techniques contained in any content You provide or otherwise submit to GALAXY ENERGY for any purpose whatsoever, including but not limited to, educational purposes and developing and marketing commercial products (as GALAXY ENERGY deems fit in its sole discretion) using such information. You will not be entitled to any compensation for any of the rights You grant to GALAXY ENERGY for Your submitted content. You authorize GALAXY ENERGY to use Your name, likeness, and any other information in connection with use of the user content You provide. You agree that GALAXY ENERGY may use or disclose information about You or Your use of this website, including Your submitted content, to comply with laws and requests by governmental or regulatory agencies, to protect or defend GALAXY ENERGY’s rights or property, or to protect the safety of GALAXY ENERGY, GALAXY ENERGY’s employees, agents, sponsors, membership, or the public.

8. TERM AND TERMINATION

GALAXY ENERGY reserves the right to terminate Your access to any part or the entire Website at any time without notice for any reason whatsoever. GALAXY ENERGY also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. GALAXY ENERGY reserves the right to seek all remedies available at law and in equity for any violation of this Agreement. Sections 5–15 shall survive the termination of this Agreement.

9. NO AGENCY OR THIRD PARTY BENEFICIARY

You agree that no agency, partnership, joint venture, employee-employer, or franchiser- franchisee relationship exists as a result of this Agreement or use of the Website. You acknowledge that You do not have authority or power to bind GALAXY ENERGY. In no event shall GALAXY ENERGY be liable for any representation, act, or omission made by You. The parties further agree that nothing in this Agreement is intended, or shall be construed, as creating any rights in third parties.

10. CONTROLLING LAW, JURISDICTION AND INTERNATIONAL USERS

This 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 GALAXY ENERGY arising out of this Agreement, use of this 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 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.

GALAXY ENERGY makes no representation that the materials are appropriate or available for use outside the United Arab Emirates. 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.

11. ENTIRE AGREEMENT, SEVERABILITY, AND WAIVER

This Agreement constitutes the entire agreement between GALAXY ENERGY and You with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and GALAXY ENERGY with respect to this Website. If for any reason a court of competent jurisdiction finds any provision of this 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 Agreement, and the remainder of this Agreement shall continue in full force and effect. Any failure by GALAXY ENERGY to enforce any provision of this Agreement shall not constitute a waiver of any rights under such provision or any other provision of this Agreement.

12. MODIFICATIONS TO AGREEMENT

GALAXY ENERGY may revise this Agreement at any time and You agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to this Website. It is Your responsibility to return to this Agreement from time to time to review the most current terms and conditions. GALAXY ENERGY does not, and will not, assume any obligation to notify You of changes to this Agreement.

You agree to be bound by any affirmation, assent, or agreement You transmit through this Website, including but not limited to any consent You give to receive communications from GALAXY ENERGY solely through electronic transmission. 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 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 this Website in violation of the foregoing violates these Terms and Conditions 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 these Terms and Conditions will be made in GALAXY ENERGY’s 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, GALAXY ENERGY reserves the right to release Your details to system administrators at other websites in order to assist them in resolving security incidents. GALAXY ENERGY reserves the right to investigate suspected violations of this Agreement.

GALAXY ENERGY reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing GALAXY ENERGY to disclose the identity of anyone posting, publishing or otherwise making available any materials that are believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS GALAXY ENERGY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY GALAXY ENERGY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER GALAXY ENERGY OR LAW ENFORCEMENT AUTHORITIES.

15. LANGUAGE

The original version of this Agreement and all other material posted in this website is in English. Any translated version is for Your convenience and information only. In case of disputes, the English text shall prevail.

16. MISCELLANEOUS

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this 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 this Site will govern the items to which they pertain.