1.1 Please read these terms of use (“Terms of Use”) carefully before using this website (“Site”). Accessing, viewing or using the content, material, products, or services available on or through Site indicates that you accept and agree to comply with the Terms of Use, as well as Our Privacy and Cookie Notice[1] and any other additional terms governing the content, material, products, or services available on or through Site, including the Warranty. If that is not the case, do not use the Site. You further certify that you are 18 years of age or older and that you have all the necessary rights, power and authority to enter into these Terms of Use and perform the obligations set forth herein.
1.2 The Site is operated by and the Terms of Use are issued by Galanz Americas Limited Company, located at 55 Challenger Road, Suite 503, Ridgefield Park, NJ 07660 (“Galanz”, “We”, “Us”, “Our”).
1.3 Galanz may at any time revise these Terms of Use. Your continued use of the Site following the changes to these Terms will be considered your consent to those changes. You are bound by any such revision and should therefore periodically visit this page to review the then current terms to which you are bound.

2.1 All information and materials on the Site are presented solely for the purpose of providing general information on and promoting Our products and services. Such information and materials do not constitute offers for Our products and / or services or recommendations of official retailers or other third parties, nor do they constitute advice or other instructions on the use of Our products and / or services.While the Site provides a locator for retailers that may sell our products in a particular geographic area, We do not represent that the list of retailers will be complete and We do not make any recommendation of or referral to any particular retailer.
2.2 Any personal information that you provide to Us via the Site is subject to our Privacy and Cookie Notice.
2.3 The Site may contain information on our worldwide products and services, not all of which are available at every location or retailer. A reference to any product or service does not imply that that product or service is or will be available at your location or retailer.
2.4 We have made an effort to display as accurately as possible the colors of our products that appear on this Site. However, since the actual colors you see depend upon your computer and monitor, we cannot guarantee that the display of any color will be completely accurate.
2.5 Descriptions of, or references to, products or services on this Site do not imply endorsement of that product or service, or constitute a warranty, by Galanz. For warranty information please see Our Warranty.[2]

4.1 Please be aware that whenever you post information to the Site (e.g. a forum or guestbook) that information may be accessible for other users. You should therefore choose carefully the information you post and that you provide to other users.
4.2 Galanz does not claim any ownership rights in the text, files, images, photos, video, sounds, feedback, works of authorship or any other materials that you may post (“User Content”) on the Site. After posting your User Content, you continue to retain all ownership rights in it, and you continue to have the right to use it in any way you choose. By posting your User Content on or through the Site, you hereby grant Us a non-exclusive, sublicensable, transferable, fully paid-up, royalty-free and worldwide license to use, modify, publicly perform, publicly display, reproduce, create derivative works and distribute your User Content, all without any compensation to you whatsoever, including in product designs, on and through the Site or in the Galanz section of a third-party platform (Facebook, Twitter, etc.).
4.3 By posting User Content to the Site or otherwise submitting User Content to Us, you represent and warrant that: (i) you own the User Content posted by you on the Site or otherwise have the right to grant the license set forth above, and (ii) the posting of your User Content on the Site does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights or any other rights of any person or company, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person.
4.4 You are solely responsible for the User Content that you post on the Site. You may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post. User Content is not necessarily reviewed by Galanz prior to posting and does not necessarily reflect the opinions or policies of Galanz. Galanz makes no warranties, express or implied, as to User Content or the accuracy and reliability thereof or any material or information that you transmit to other users. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law.
4.5 Galanz expressly reserves the right to remove any information or materials posted or transmitted for any reason or for no reason. Galanz will fully cooperate with any law enforcement authorities or court order requesting or directing Galanz to disclose the identity of anyone posting any such information or materials.

5.1 The Site together with any information, text, images, photographs, audio and video clips, designs, graphics, logos, symbols, names, product and corporate designations, as well as all software contained in the Site and all other files, and their selection and arrangement (the “Site Content”), are subject to legal protection, in particular copyright, trademarks and design rights held by Galanz, its affiliates, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without Our prior written permission, except that the foregoing does not apply to your own User Content that you legally post on the Site. In addition, no digital content whatsoever may be copied into other programs without the prior written approval of Galanz.
5.2 Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content. The license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Except for your own User Content, you may not upload or republish the Site Content on any Internet, intranet or extranet site or incorporate it in any other database or compilation, and any other use of the Site Content is strictly prohibited. You may only use the Site for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use, and for no other purposes. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Galanz, is strictly prohibited and will terminate the license granted herein. Any unauthorized use may also violate applicable laws, including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in the Terms of Use will be construed as conferring any license to any intellectual property rights.
5.3 “Galanz” and other trademarks, logos, characters, page headers, button icons, scripts, service names and other marks (collectively “Trademarks”) displayed on the Site are subject to the trademark and other rights of Galanz or its affiliates. Our Trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated or used, in whole or in part, without the prior written permission of Galanz. Your use / misuse of Trademarks displayed on the Site, or of any other Site Content, except as provided for in these Terms of Use, is strictly prohibited.

6.1 EXCEPT AS EXPRESSLY PROVIDED IN OUR WARRANTY[3], THE SITE, THE SITE MATERIALS AND USER CONTENT AND MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, AND THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE USER CONTENT, THE SITE MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, AND NON-INFRINGEMENT.
6.2 Galanz assumes no responsibility, and shall not be liable for, any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, use of or browsing of the Site or your downloading of any materials, data, text, images, video or audio from the Site.
6.3 Galanz reserves the right to interrupt or discontinue any or all of the functionalities of the Site. Galanz accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionalities of the Site, irrespective of whether this is the result of actions or omissions of Galanz, or any of its affiliates or any third party.
6.4 While Galanz uses reasonable efforts to include accurate and up-to-date information on the Site, it makes no warranties or representations with respect to the Site. The Site Content may contain technical inaccuracies or typographical errors. Galanz reserves the right to make changes, corrections and/or improvements to the Site Content at any time without notice.

7.1 Because Galanz has no control over and does not endorse any of the sites to which the Site is linked, including the sites of any retailers, and because Galanz has not reviewed any or all of the sites to which the Site is linked, you acknowledge that Galanz is not responsible for the content of any off-site pages or any other sites linked to the Site, including any retailer sites. Responsibility for access to off-site pages and linked third-party sites rests solely with you.
7.2 Your linking to the Site, off-site pages or other sites is at your own risk. By making use of any such links, you understand that the privacy policy of any linked site will apply, which may be different from that of Galanz.
7.3 Framing of the Site by sites or site elements is not permitted. In-line linking or any other manner of incorporating parts of the Site on other sites is equally prohibited.

8.1 While Galanz endeavors to ensure that the Site is normally available 24 hours a day, it will not be liable if for any reason it is unavailable at any time or for any period.
8.2 Access to the Site may be suspended temporarily and without notice in case of a system failure, maintenance or repair or for reasons beyond Our control.

9.1 IN AS MUCH AS PERMITTED BY LAW, AND EXCEPT FOR DAMAGE CAUSED BY WILLFUL INTENT OR GROSS NEGLIGENCE, GALANZ, AND ANY OF ITS AFFILIATES, SUBSIDIARIES AND LICENSORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF ANY OF THEM, EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING ANY INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY LOSS OF INCOME, PROFITS, GOODWILL OR DATA) IN CONNECTION WITH THE SITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES LINKED TO THE SITE OR THE MATERIAL ON SUCH WEBSITES, INCLUDING LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF OR BROWSING OF THE SITE OR YOUR USE OF ANY SITE CONTENT OR ANY WEBSITES LINKED TO THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR WE HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF GALANZAND OUR AFFILIATES, SUBSIDIARIES AND LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, USER CONTENT, THE SITE MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF US AND OUR AFFILIATES, SUBSIDIARIES AND LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). IF YOU ARE DISSATISFIED WITH THE SITE, OR WITH ANY OF THESE TERMS, OR FEEL WE HAVE BREACHED THESE TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

We care about your privacy and the protection of your personal data. Read our Privacy and Cookie Notice.[4]

11.1 You will indemnify Galanz and its affiliates, subsidiaries and licensors and their respective officers, directors, employees, shareholders or agents (“Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site or services obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Content, the Site Content, the services, products, information and other materials on, in and made available through the Site, (except to the extent attributable to us), or any breach by you of these Terms of Use, and you will indemnify and hold the Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims.

If you believe that any content or postings on this Site violates your intellectual property or other rights, please send to us at info@galanzamericas.com a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

You agree that:

1. any claim or dispute (whether in contract, tort, or otherwise) we may have against each other arising from or related to this website or these terms (“Dispute”) will be resolved exclusively by final and binding individual arbitration administered by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) and conducted before a single arbitrator using JAMS’s Streamlined Arbitration Rules and Procedures (“Rules and Procedures”);
2. prior to you or Galanz’s initiating arbitration by filing a Notice of Claims with JAMS, you and Galanz will engage in the informal dispute resolution process outlined in this paragraph. First, the party interested in pursuing a Dispute must give written notice to the other party of the party’s intent to initiate an informal dispute resolution conference (the “Notice”). The Notice shall contain: (1) the initiating party’s name; (2) the initiating party’s preferred contact information; (3) a brief description of the Dispute; (4) personal signature; and (5) the relief sought. If you are the initiating party, the Notice must be sent via e-mail to legal@galanzamericas.com. Second, within 60 days of the non-initiating party’s receipt of the Notice, or at a later date if you and Galanz mutually agree to enlarge the 60-day period, the parties shall make a good-faith attempt to resolve their Dispute. Engaging in this informal dispute resolution process is a prerequisite to commencing arbitration and all applicable claims tolling principles shall apply;
3. if, following the informal dispute resolution process described in subpart 2 above, either you or Galanz decides to file a Notice of Claims or some other type of demand for arbitration, the demand must include: (1) the name and contact information of the party initiating arbitration; (2) the arbitration clause; (3) the legal claims being asserted; (4) a detailed explanation of the factual basis for those claims; and (5) a detailed explanation of both the nature and the amount of the relief sought. Filing a demand that does not include the above information may result in the rejection of your demand for arbitration;
4. the arbitration shall be held at a location determined by JAMS under its Rules and Procedures, or at such other location as may be mutually agreed to by you and Galanz; however, it may not be conducted by telephone;
5. the arbitrator will decide the substance of all claims in accordance with the laws of the State of New York, without regard to any conflict-of-law rules or the United Nations Convention on Contracts for the International Sale of Goods;
6. no claims shall be arbitrated on a class or representative basis as you and Galanz hereby waive the right to assert claims in any class or representative action; arbitration will therefore only decide the individual claims of you and Galanz; it is agreed that the arbitrator may not consolidate or join the claims of any other person or party to an arbitration between you and Galanz under this provision, unless individual claims may be arbitrated together in front of one arbitrator in the case of mass arbitration or multiple arbitration filings asserting the same claims and brought by the same attorneys or other attorneys working jointly;
7. you and Galanz empower a court of law, rather than an arbitrator, with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable;
8. if you start the arbitration, you must pay the JAMS filing fee required for consumer arbitrations;
9. if all or any provision of this Binding Individual Arbitration agreement is found invalid, unenforceable, or illegal, then you and Galanz agree that, with the exception of paragraphs 2 and 6, the provision will be severed and the rest of these Terms shall remain in effect and be construed as if any severed provision had not been included. If the Class Action Waiver is found invalid, unenforceable, or illegal, you and Galanz agree that it will not be severable; this entire Binding Individual Arbitration section will be void and unenforceable and any dispute will be resolved in either a state court of New York or a District Court of New York. Under no circumstances shall arbitration be conducted on a class basis without Galanz’s express consent. If litigation ensues for any reason, both you and Galanz agree to waive any right to a trial by jury;
10. you or Galanz may take claims to small claims court if they are within the scope of its jurisdiction; and
11. finally, this arbitration provision is reciprocally binding on all parties, such that both you and Galanz are required to arbitrate their claims against one another. For more information on JAMS and/or JAMS Rules and Procedures, you may visit the JAMS Website.

14.1 The Site is controlled by Galanz Americas Limited Company, located at 55 Challenger Road, Suite 503, Ridgefield Park, NJ 07660, U.S.A., and operated from within the United States by Galanz. Without limiting anything else, We make no representation that the Site, Site Content, User Content, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited.
14.2 The failure of Galanz to exercise or enforce any right or provision of the Terms of Use will not operate as a waiver of any such right or provision. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. The invalidity or unenforceability of any provision of the Terms of Use does not affect or impair in any way the validity, legality and enforceability of the remaining provisions contained herein. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
14.3 If you have any questions about the Terms of Use, write to

Galanz Americas Limited Company
55 Challenger Road, Suite 503
Ridgefield Park, NJ 07660, USA
or via info@galanzamericas.com

Last Updated: 18 June 2019
Copyright © 2019GalanzAmericas Limited Company. All rights reserved.