Terms and Conditions
Agreement between User and The Galway Group, LLC.
The Core by The Galway Group, LLC platform (the "Platform") is comprised of various web pages and applications operated by The Galway Group, LLC and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Platform constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
Core by The Galway Group, LLC is an E-Commerce collection of Platforms and applications.
Certain services made available via Core by The Galway Group, LLC are delivered by third party Platforms and organizations. By using any product, service or functionality originating from the Core by The Galway Group, LLC domain, you hereby acknowledge and consent that The Galway Group, LLC may share such information and data with any third party with whom The Galway Group, LLC has a contractual relationship to provide the requested product, service, or functionality on behalf of Core by The Galway Group, LLC ’s users and customers.
(i).Derivative Works: Copy or reproduce translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Platform.
(ii) Modification: Modifying the Platform in any manner not expressly authorized by The Galway Group, LLC; and/or any code and/or software, not expressly authorized by The Galway Group, LLC, that can be used connection with the Platform, and/or any component or feature thereof which changes and/or facilitates usage or other functionality.
(iii). Prohibited Commercial Usage: Exploit in its entirety or individual components, the Platform for any purpose not expressly authorized by The Galway Group, LLC, including but not limited to: communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation or offer through or within the Platform; or organizing, promoting, facilitating, or participating in any event using the Platform in any open public venue without prior authorization.
(iv). Cloud Computing: Use of the Platform or any connected service with any unauthorized third-party “cloud computing” services, or any software or service designed to enable the unauthorized streaming or transmission of Platform from a third-party server to any device.
(v). Data Mining: Use any unauthorized process or software that intercepts, collects, reads, or “mines” information generated or stored by the Platform without express written authorization by The Galway Group, LLC.
(vi). Unauthorized Connections: Facilitate, create, or maintain any unauthorized connection to the Platform including but not limited to any connection to any unauthorized server that emulates or attempts to emulate the Platform; and any connection using third-party programs or tools not expressly authorized by The Galway Group, LLC.
(vii). Transfers: Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Platform or component thereof or your rights to the Platform to any other party in any way not expressly authorized herein.
(viii). Disruption: Disrupting or assisting in the disruption of any computer used to support the Platform or any connected service. Such actions will be prosecuted to the maximum extent available by both civil and criminal law as applicable.
(xiii). Harassment: Usage of the Platform or any connected services for the purposes of harassment. Such actions will be prosecuted to the maximum extent available by both civil and criminal law as applicable.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
The Galway Group, LLC has no obligation to observe the Communication Services. However, The Galway Group, LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion The Galway Group, LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Galway Group, LLC 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 The Galway Group, LLC’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The Galway Group, LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, The Galway Group, LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized The Galway Group, LLC spokespersons, and their views do not necessarily reflect those of The Galway Group, LLC.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
If the Platform detects any unauthorized third-party software, the Platform and connected services may communicate The Galway Group, LLC: account information, information regarding the unauthorized software, and time/date of occurrence. The Galway Group, LLC maintains the ability to exercise any/all of its rights under this Agreement without notice to the user.
The Platform and connected services may at The Galway Group, LLC’s discretion also use diagnostic tools for reporting computer or mobile information to The Galway Group, LLC in the event of crashes. Such data includes system and drive data.
Usage of the Platform and connected services grants consent to the above terms.
(i). All virtual content appearing within the Platform and connected services including but not limited to visual components, artwork, designs, animations, and audio-visual effects.
(ii). All data and communications generated by or occurring through the Platform and connected services.
(iii). All sounds, recordings, and sound effects originating in the Platform and connected services.
(iv). Computer code, including but not limited to “Applets” and source code.
(v). Titles, methods of operation, software, related documentation, and all other original works of authorship contained in the Platform and connected services.
(vi). All Moral Rights that relate to the Platform and connected services derived from The Galway Group, LLC, such as the right of attribution, and the right to the integrity of certain original works of authorship.
(vii). The right to create derivative works and as part of these Terms and Conditions you agree that you will not create any work based on the Platform and connected services except as expressly set forth in these Terms and Conditions or otherwise by express written permission by The Galway Group, LLC.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Galway Group, LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in The Galway Group, LLC ’ sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
(a). Alterations to the Agreement:
(i). The Galway Group, LLC Rights. The Galway Group, LLC may create updated versions of this Agreement (each a “New Agreement”) as its business and the law evolve.
(ii). New Agreements. This Agreement will terminate immediately upon the introduction of a New Agreement. New Agreements will not be applied retroactively and cannot alter the process for resolving a Dispute between us once you have notified The Galway Group, LLC of a Dispute. If you do not wish to be bound by a New Agreement, you must immediately cease using, and uninstall, the Platform and connected services. Your continued use of your account, the Platform and connected services after The Galway Group, LLC has published a New Agreement constitutes acceptance by you of the New Agreement.
(b). Alterations to the Platform and Availability: The Galway Group, LLC may change, modify, suspend, or discontinue any aspect of the Platform and connected services or accounts at any time. The Galway Group, LLC may also impose limits on certain features or restrict your access to parts or all of the Platform and connected services or accounts without notice or liability. Except as otherwise set forth herein, The Galway Group, LLC does not guarantee that any particular Platform, connected services, or account(s), or any particular features or components thereof will be available at all times, at any given time, or in all countries and/or geographic locations, or that The Galway Group, LLC will continue to offer the Platform, connected services, or accounts, or all features or components thereof, for any particular length of time. Availability is subject to change at any time, although we will endeavor to use reasonable commercial efforts to provide you prior notice, unless the discontinuance arises from a matter that is beyond The Galway Group, LLC’s control or causes the provision of such advance notice not to be possible or feasible.
(a). Term:
This Agreement is effective upon your creation of an account and shall remain in effect until it is terminated or superseded by a New Agreement or if neither of the foregoing events occur, as long as you continue using the Platform and connected services. In the event that The Galway Group, LLC chooses to cease providing the Platform and/or connected services, or license to a third party the right to provide the Platform and connected services, The Galway Group, LLC shall use reasonable commercial efforts to provide you prior notice, unless the discontinuance arises from a matter that is beyond The Galway Group, LLC’s control or causes the provision of such advance notice not to be possible or feasible. Neither the Sire and connected services nor The Galway Group, LLC’s agreement to provide access to the Platform and connected services shall be considered a rental or lease of time on the capacity of The Galway Group, LLC’s servers, or other technology.
(b). Termination:
You may terminate this Agreement at any time by notifying The Galway Group, LLC by email, but the Dispute Resolution provisions of this Agreement will survive termination and apply to all Disputes that arose or could have been initiated prior to termination.
The Galway Group, LLC reserves the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most Account suspensions and terminations are the result of violations of this Agreement. In case of minor violations of these rules, The Galway Group, LLC may provide you with a prior warning and/or suspend your use of the account due to your non-compliance prior to terminating the Agreement or modifying or deleting an account.
In the event of a termination of this Agreement you agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on your Account prior to any termination of this Agreement. In addition, you will not be able to use the Platform or connected services. The Dispute Resolution provisions of this Agreement will survive termination and apply to all Disputes that arose or could have been initiated prior to termination.
This section may significantly affect your rights, including the right to file a lawsuit in court or to pursue claims in a class or representative capacity. Read this section thoroughly.
(a).Binding Arbitration and Class Action Waiver If You Live In The United States:
In the event of an unresolvable dispute, you and we agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide, and the arbitrator’s decision will be final except for a limited right of review under the FAA. To the fullest extent permitted by law, class action lawsuits, class-wide arbitrations, private attorney-general actions, requests for public injunctions, and any other proceeding or request for relief where someone acts in a representative capacity are not allowed. Nor is combining individual proceedings without the consent of all parties.
(i). Disputes Covered: The term "dispute" is interpreted as broad as possible to include any claim or controversy between you and The Galway Group, LLC that in any way relates to or arises from any aspect of our relationship including but not limited to your use or attempted use of the Platform and connected services, and all marketing related to them, your account(s), any licensed content, and all matters relating to or arising from this Agreement, or any other agreement between you and The Galway Group, LLC, I including the validity and enforceability of this agreement to arbitrate under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’; our, or our licensors’ intellectual property rights.
(ii) Arbitration Notice: If you have a dispute The Galway Group, LLC that cannot be informally and you wish to pursue arbitration, you must first notify The Galway Group, LLC in writing at the following. Your notice of dispute must be individual to you and must include, as applicable, your name, the email address associated with your Account, and your work Platform address. The notice of dispute also must describe the dispute, explain the facts of the dispute as you understand them, and tell The Galway Group, LLC your desired resolution. This Notice of Dispute is a prerequisite to initiating any arbitration. Any applicable statute of limitations will be tolled from the date of a properly submitted individualized Notice of Dispute through the first date on which an arbitration may properly be filed.
(iii). Small Claims Court Option: Instead of sending a Notice of Dispute, either you or The Galway Group, LLC may file suit against the other party in small claims court seeking only individualized relief so long as the action meets the small claims court’s requirements. This must remain an individual action seeking individualized relief. The small claims court must be in your county of residence (or, if a business, your principal place of business).
(iv). Multiple Party Arbitration: If your Notice of Dispute involves claims similar to those of at least 24 other customers, and if you and those other customers are represented by the same lawyers, or by lawyers who are coordinating with each other, you and we agree that these claims will be “Related Cases.” Related Cases will be governed by the AAA’s Mass Arbitration Supplementary Rules.
(v). Arbitration Fees: Arbitration fees shall be split between parties with the prevailing party being entitled to such fee reimbursement.
(vii). Primary ADR Method: If after exhaustion of all appeals, any part of this section is found to be unenforceable as to any claim or request for a remedy, then the parties agree to arbitrate all claims and remedies subject to arbitration before litigating in court any remaining claims or remedies (such as a request for a public injunction remedy, in which case the arbitrator issues an award on liability and individual relief before a court considers that request).
(b) Choice of Law: Unless this Agreement includes express language to the contrary, all Disputes shall be governed by and construed under the laws of the United States of America and the laws of the State of Florida, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If you reside in the United States, for any claims not subject to binding individual arbitration, and which cannot be brought in small claims court in the county in which you reside as set forth above, you and The Galway Group, LLC, agree to submit to the exclusive jurisdiction of the state and federal courts in Palm Beach County, Florida. You and The Galway Group, LLC consent to venue in and personal jurisdiction before such courts (but without prejudicing either party’s rights to remove a case to federal court if permissible). This paragraph will be interpreted as broadly as applicable law permits. Users who access the Platform from outside of the United States and Canada, are responsible for compliance with all applicable local laws. Claims excluded from arbitration are subject to the choice of law and forum selection clauses set forth in this Agreement.
(a). You understand and agree that the Platform and connected services may not be used, accessed, downloaded, or otherwise exported, reexported, or transferred in contravention of applicable export control, economic sanctions, and import laws and regulations, including, but not limited to, the U.S. Export Administration Regulations (“EAR”) and regulations promulgated by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”). You represent and warrant that you (1) are not subject to U.S. sanctions or export restrictions and otherwise are eligible to utilize the Platform under applicable laws and regulations; (2) are not located or ordinarily resident in a country or region subject to comprehensive or near-comprehensive U.S. sanctions/embargo, unless your use of the Platform in such country or region is authorized by U.S. law; (3) are not an official, employee, agent, or contractor of, or directly or indirectly acting or purporting to act for or on behalf of, a government (including any political subdivision, agency, or instrumentality thereof or any person directly or indirectly owned or controlled by the foregoing) or political party (e.g., Cuban Communist Party, Workers’ Party of Korea) subject to U.S. sanctions/embargo or any other entity in a sanctioned/embargoed country or region or subject to U.S. sanctions/embargo; and (4) will not use the Platform in connection with an end-use prohibited by U.S. law.
(b). The Galway Group, LLC may assign this Agreement in whole or in part to any person or entity at any time with or without your consent. You may not assign this Agreement without The Galway Group, LLC prior written consent. Your assignment of this Agreement without The Galway Group, LLC prior written consent shall be void.
(c).The Galway Group, LLC’s failure to enforce a provision of this Agreement shall not be construed as a waiver of such provision, or diminishment of any right to enforce such provisions. Further, The Galway Group, LLC may choose to waive enforcement of a provision of this Agreement in a particular instance. However, you are still obligated to comply with that waived provision in the future.
(d). Artificial Intelligence:
(i). The Platform and connected services may use artificial intelligence (AI) and algorithms for the purposes of enhancing efficiency in searches and/or research. Accuracy and applicability of the information provided is not guaranteed.
(ii). In using the Platform and connected services you agree to indemnify The Galway Group, LLC from all claims regarding to your usage of AI and any effects thereof from implementation of information gained.
(iii). In using the Platform and connected services you agree that any information obtained through AI searches or research is -not- to be considered legal advice or guidance in any format.
(iv). You further agree that it is your responsibility to ensure all information obtained in -any- AI searches or research for accuracy and applicability.
(v). You further agree to indemnify The Galway Group, LLC from any claims regarding any civil or criminal misuse of the Platform and connected services’ AI.
f). Notices:
(i) All notices given by you under this Agreement shall be in writing and addressed to any account email addresses or preferred addresses upon notice by the party.
(ii). Except as expressly set forth to the contrary herein, all notices given The Galway Group, LLC under this Agreement shall be given to you either through written notice, email, or web Platform blog post.
(g). Force Majeure: The Galway Group, LLC shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of The Galway Group, LLC , such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, lockdowns, acts of God, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour, or materials.
(h). Severability: Except as expressly set forth to the contrary herein, if any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
(i). Integration: This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
(j). Remedy & Damage Limitation: Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Platform and/or Connected Services.
Selection of whether to correct or replace shall be solely at the discretion of The Galway Group, LLC. The Galway Group, LLC reserves the right to substitute a functionally equivalent copy of the Platform and connected services as a replacement. If The Galway Group, LLC is unable to provide a replacement or substitute the Platform and connected services or corrections to the Platform and connected services, you understand and warrant that you are entitled to no alternative or remedy.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida, and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Platform. Use of the Platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.