Galaxy Army Navy, GalaxyArmyNavy.com (the Company)
Limitation on Liability
IN NO EVENT SHALL THE COMPANY, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE COMPANY, HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NEGOTIATION, MEDIATION & ARBITRATION CLAUSE AND ACCEPTANCE
Any dispute arising out of or relating to this Agreement, website, store, shopping or browsing products or conducting any transaction, quote or sale, including the alleged breach, termination, validity, interpretation and performance thereof (“Dispute”) shall be resolved with the following procedures:
Upon written notice of any Dispute, the parties shall attempt to resolve it promptly by negotiation between executives who have authority to settle the Dispute and this process should be completed within 30 days (the “Negotiation”).
If the dispute has not been resolved by negotiation in accordance with paragraph A, then the parties shall proceed to mediation unless the parties at the time of the dispute agree to a different timeframe. A “Notice of Mediation” shall be served, signifying that the Negotiation was not successful and to commence the mediation process. The parties shall agree on a mediator; however, if they cannot agree within 14 days then [then a local mediation service provider] shall appoint a mediator. The mediation session shall be held within 45 days of the retention of the mediator, and last for at least one full mediation day, before any party has the option to withdraw from the process. The parties may agree to continue the mediation process beyond one day, until there is a settlement agreement, or one party [or the mediator] states that there is no reason to continue because of an impasse that cannot be overcome and sends a “notice of termination of mediation.” All reasonable efforts will be made to complete the mediation within 30 days of the first mediation session. During the course of the mediation, no party can assert the failure to fully comply with paragraph A, as a reason not to proceed or to delay the mediation. The service of the Notice of Mediation shall stay the running of any applicable statute of limitations regarding the Dispute until 30 days after the parties agree that the mediation is concluded or the mediator issues a Notice of Impasse. Each side shall bear an equal share of the mediation costs unless the parties agree otherwise. All communications, both written and oral, during Phases A and B are confidential and shall be treated as settlement negotiations for purposes of applicable rules of evidence; however, documents generated in the ordinary course of business prior to the Dispute, that would otherwise be discoverable, do not become confidential simply because they are used in the Negotiation and/or Mediation process. The process shall be confidential based on terms acceptable to the mediator and/or mediation service provider.
Any Dispute not resolved through negotiation or mediation in accordance with paragraphs A and B shall be resolved by final and binding arbitration in accordance with the rules of National Arbitration and Mediation (www.namadr.com). The arbitration will be held [Virtually or in NY State, Kings County (Brooklyn)] using one arbitrator, unless the Dispute exceeds one million dollars (USA) in which case there shall be three neutral arbitrators, as a panel. The arbitrators may award costs and/or attorneys’ fees to the prevailing party. The parties understand that arbitration is final and binding and that they are waiving their rights to other resolution processes (such as court action or administrative proceeding).
The parties agree that any claim, dispute or controversy arising out of, or relating to, this agreement, or the breach thereof, shall be resolved through Negotiation; Mediation and/or final and binding Arbitration to be administrated by (“NAM”) National Arbitration and Mediation and governed by NAM’s Comprehensive Dispute Resolution Rules and Procedures in effect at the time such claim is filed. Any award of the Arbitrator is final and binding and may be entered as a judgment in any court having jurisdiction.
If you have a question about the arbitration process or to obtain a current copy of the Comprehensive Dispute Resolution Rules and Procedures and/or fee schedule, NAM’s Commercial Dept. can be contacted at (800) 358-2550 or by NAM’s website at www.namadr.com.
By placing your order with the Company on their website, email, telephone, fax or mail order you are agreeing and accepting in full our complete policies, including but not limited to the payment policy, shipping policy, returns policy and international policy. Our policies can be found on the website. Acceptance of our returns policy includes any deductions that may be made after receiving your return including but not limited to shipping costs and restocking fees.
All site design, text, graphics, interfaces, and the selection and arrangements thereof are, the Company, and its partners. ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an order with the Company, using this site as a shopping resource, or utilizing our how-to information. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of the Company is strictly prohibited.
All trademarks, service marks, and trade names (collectively the "Marks") are proprietary to the Company, or other respective owners that have granted the Company, the right and license to use such Marks.
This site contains links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). You acknowledge that the Company, is not responsible for the availability of, or the content located on or through, any External Site.
The Company stands behinds its products not to be defective or damaged upon receipt. This does not cover use and normal wear and tear, defects or damage resulting from accident, misuse, abuse, neglect, unusual physical damage, modification of any part of product or cosmetic damage, excessive use, or incorrect use of product. These may cause products to not function properly or cause products to get damaged quickly and the Company is not responsible in any of those situations. The Company is not responsible for for incidental or consequential damages arising from the use of any of its products. IN NO EVENT SHALL THE COMPANY BE RESPONSIBLE FOR SOLD PRODUCTS AFTER BEING RECEIVED UNLESS PRODUCT RECEIVED WAS CLEARLY DEFECTIVE AND DAMAGED AND WE ARE NOTIFIED IN WRITING OF THE PROBLEM WITHIN 3 DAYS OF RECEIPT OF ORDER. THE COMPANY IS NOT RESPONSIBLE FOR DEFECTIVE MERCHANDISE RECEIVED IF NOTIFIED AFTER 5 DAYS. UNLESS PRODUCTS ARE CLEARLY WARRANTED BY THEIR MANUFACTURERS. THE COMPANY DOES NOT WARRANTY OR INSURE ANY OF OUR PRODUCTS AFTER BEING RECEIVED, OPENED AND USED. ANY PRODUCTS THAT CARRY WARRANTEES OR GUARANTEES FROM THEIR SELECT MANUFACTURERS OR VENDORS ARE NOT WARRANTED BY THE COMPANY BUT BY THEIR SELECTED COMPANIES AND CUSTOMERS MUST ONLY DEAL WITH THOSE VENDORS DIRECTLY.
Copyright and Trademark Complaints
The Company, and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright or trademark infringement, please contact us via email or phone.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Company, reserves the right at any time after receipt of your order to accept or decline your order for any reason. The Company, reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
In the event a product or content is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our distributors, The Company, shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. The Company, shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. The Company, further takes no responsibility for misunderstood product information or typographical product descriptions.
Important Legal Information
The Company can not know all of the United States or International restrictions, laws and regulations for our products. Therefore, we do not warrant that you may legally purchase, own or carry any specific product offered in our catalogs, websites or stores. When you place an order with us for products that may or may not have restrictions, you warrant to us that you are a legal adult of 18 years of age without legal disabilities and are in compliance with local/city, state and federal laws of the United States or any other international location.
Customers purchasing law enforcement products (insignia, uniforms etc.) marked with law enforcement terms such as "Police" or "SWAT" or the like, warrant they are legally authorized to wear such mottos. Submit orders for such products on your department letterheads or provide official identification via Email or Fax.
There are products listed in our catalog and on our website that require an Export License to send outside of the United States. It is the policy of this company that any product controlled by the U.S. State, Commerce or OFAC Departments will not be shipped until a determination is made if a License is required and or received. Furthermore, Export of U.S. Controlled Items prohibits exporting or re-exporting at anytime without proper authorization from the U.S. Department of Commerce, State or OFAC (whichever applies).
Neither party, nor its agents or suppliers, shall be liable for failure to perform, or the delay in performance of, any of its obligations under this Agreement if, and to the extent, that such failure or delay is caused by events beyond its reasonable control, including, but not limited to, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, fire, floods, strikes, epidemics, quarantine restrictions, network availability, Internet availability, civil unrest or riots, acts of terrorism, transportation delays, freight embargoes and/or unusually severe weather. If so affected, the affected party shall use commercially reasonable efforts to avoid or remove such causes of non-performance or delay, and shall continue performance hereunder with reasonable dispatch whenever such causes are removed. If any such non-performance or delay continues for more than thirty (30) days, this Agreement may be terminated by the unaffected party without liability upon written notice to the affected party.
The Company is a private company that is not affiliated with any law enforcement, armed forces and military organizations in any way. Statements expressed in this catalog referencing the independent use of products by those agencies do not constitute an endorsement, approval or authorization of our products by law enforcement, armed forces and military organizations.
Occasionally, there may be misprints or errors on our websites, online media or catalogs. The Company reserves the right to correct the misprint or withdraw the offer. Item and products specifications (e.g. sizes, colors, selections, prices, availability and legal restrictions) are subject to change at any time without notice. It may be necessary to substitute an item with a product of equal or better quality and value that varies slightly from our print and online catalog description.
Item and products specifications (e.g. sizes, colors, selections, prices, availability and legal restrictions) may vary in our brick-and-mortar retail stores from our websites, online media and catalogs. Product selection, price and availability information is subject to change without notice and without liability.
THIS SITE IS INTENDED FOR USERS OVER THE AGE OF 18, UNLESS WITH THE INVOLVEMENT OF A PARENT OR LEGAL GUARDIAN. THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY OR GUARANTEE. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, THE COMPANY, DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, THE COMPANY, DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.