Welcome to the Gallant Pet, Inc.("Gallant" or "we" or "us") website hosted at https://gallant.com/ (the "Website" or "Site") and the Gallant pages on Facebook, Twitter, Instagram, or any other social media sites related to Gallant and any products and services available at the sites (collectively with the site, the "Service"). By accessing the Service, you (hereafter "You" or "User") agree to the following terms and conditions concerning your use and access of the Service. By accessing and/or using the Service, you agree to be bound by these Terms of Use ("Terms") and the "Privacy Policy" located at https://gallant.com/privacy-policy. If you do not agree to all of these terms and conditions, you must not use or access the Service. We reserve the right, in our sole discretion, to modify or replace any of the terms or conditions of these Terms at any time. Your continued use of the Service following the posting of any changes to these Terms constitutes your acceptance of those changes and you are responsible for reviewing those terms. Some products or services that become available on the Site may be subject to additional or different terms and conditions, and if those additional terms and conditions conflict with these Terms, those additional terms and conditions will control.
DISCLAIMER: None of the Service content should be considered medical advice or an endorsement, representation or warranty that any particular product or treatment is safe, appropriate or effective for your pet. The contents of this Site do not constitute medical or any other type of professional advice. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Rather, please consult your veterinarian if you have any concerns or questions about your pet's health. The use of any information provided on this Site is solely at your own risk. Gallant shall not be liable for any damages, loss, or injury suffered as a result of reliance on the information contained on this Site. Gallant does not recommend, endorse, or make any representations about the efficacy, appropriateness, or suitability of any specific products, tests, procedures, treatments, services, opinions, veterinarians, or other information that may be contained on or available through this Site.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED, AND A WAIVER OF RIGHTS TO BRING CLASS ACTION CLAIMS AGAINST US. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THE TERMS AND THE ABOVE ELIGIBILITY REQUIREMENTS, YOU ARE PROHIBITED FROM USING THE SERVICE.
GENERAL PROVISIONS
In order to set up an account on the Service, you may have to provide your full name, address, active email address, phone number, credit card information, all of which is subject to Gallant's Privacy Policy. You will also be asked to provide information about your pet including, but not limited to, breed, sex, and age, as well as information about your Veterinarian (as defined below), including name and contact information, as well as the date and time of your pet's Procedure (as defined below). Any submission of false or materially inaccurate information by Users in creating an account shall constitute a basis for Gallant to terminate the account and bar such Users from making further access or use of the Service. Users may only create one account per person, and any User creating multiple accounts with different email addresses may be subject to account termination.
Content and Accuracy of Information: We attempt to ensure that information on the Service is complete, accurate and current. Despite our efforts, the information on this Site and/or Service may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Site and/or Service.
Use of Website Content: All materials provided on the Service, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services ("Materials" or "Content"), are protected by intellectual property laws and are either owned or licensed by Gallant. Except as stated herein, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Gallant. Also, you may not "mirror" or "archive" any Materials contained on the Website or Service on any other server without Gallant's prior express written permission.
Except where expressly provided otherwise by Gallant, nothing on the Service shall be construed to confer any license or ownership right in or to the Materials, under any of Gallant's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
Any unauthorized use of any Materials contained on the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is the Users' obligation to comply with all applicable state, federal and international laws. Users are responsible for maintaining the confidentiality of their account information and password and for restricting access to such information and to their computer. Users agree to accept responsibility for all activities that occur under your account or password.
Termination: We may suspend or terminate your account or your use of this Service at any time, for any reason or for no reason. Any Users who request excessive returns or make orders that result in excessive fraud and/or chargebacks may have their account suspended or terminated. We reserve the right to change, suspend, or discontinue all or any aspect of this Service at any time without notice.
INFORMATION FOR CELL BANKING CUSTOMERS
Cell Banking Services. As part of the use of the Service, Gallant may choose to offer you some paid products or services (such as on a subscription basis), such as stem cell collection, stem cell banking, and regenerative treatments for pets (the "Cell Banking Services"). Gallant also may provide a list of local veterinarians who may assist with the stem cell collection process for your pet, however, the provision of such list shall not constitute an endorsement or recommendation of such veterinarians. In order to participate in Gallant's Cell Banking Services, you must complete our enrollment process. If you choose to purchase any Cell Banking Services, you are responsible for paying the applicable fees for such Cell Banking Services.
**Coordination of Cell Banking Services. ** If you purchase Cell Banking Services, you and Gallant will mutually agree upon a date upon which your selected veterinarian (the "Veterinarian") will collect your pet's waste reproductive tissues (the "Biological Materials") in connection with spay or neuter procedure conducted by the Veterinarian (the "Procedure") (such date, the "Collection Date"), and you will be responsible for arranging your pet's Procedure for such Collection Date with the Veterinarian. If the Procedure must be rescheduled for any reason, you must immediately notify Gallant, and you and Gallant shall mutually agree upon a subsequent Collection Date. You hereby acknowledge that the selection of the veterinary facility and Veterinarian is solely your responsibility, and that Gallant does not select or otherwise determine who shall perform the Procedure.
**Collection of the Biological Materials. ** Prior to the Collection Date, Gallant will provide the Veterinarian with a kit (the "Tissue Collection Kit") to collect and transport the Biological Materials to Gallant's facility (the "Facility"). You must request that the Veterinarian collect the Biological Materials on your behalf. Gallant will arrange for the Tissue Collection Kits to be retrieved from the Veterinarian within forty-eight (48) hours from harvesting the Biological Materials on the Collection Date. If the Biological Materials are damaged, lost or delivered late and it is impossible to process the Biological Materials or retain a suitable quantity of stem cells from the Biological Materials, you will be entitled to a refund of what has already been paid.
**Performance of Services. ** Gallant will perform the Cell Banking Services in a professional and ethical manner and in accordance with the terms of this Agreement, all applicable laws and all applicable industry standards. Upon arrival at the Facility, Gallant will process the Biological Materials and maintain them in a cryogenic storage facility, and the Biological Materials shall remain in cryopreserved storage until the expiration or termination of the Cell Banking Services. Upon receipt by Gallant of a written request from you, Gallant shall arrange for some or all of the Biological Materials (per your request) to be transported directly to a Veterinarian to be used in a veterinary procedure as determined by you and your Veterinarian, at your expense.
Subcontractors. Gallant may subcontract or otherwise delegate any of its obligations under these Terms without your prior written consent. Gallant will be responsible for the direction and coordination of the services of each subcontractor, and shall remain liable for the performance of each such subcontractor.
Termination of Cell Banking Services. The term of the Cell Banking Services shall commence upon the receipt of payment and shall remain in effect unless terminated in accordance with these Terms. You may terminate the Cell Banking Services at any time or without cause for your convenience, effective upon thirty (30) days' notice to Gallant or immediately upon written notice to Gallant if Gallant breaches this Agreement and does not cure the breach to your satisfaction within thirty (30) days after you provide notice of breach to Gallant. Gallant may terminate the Cell Banking Services immediately upon written notice to you if you fail to pay an amount owed to Gallant when due and you do not make the payment within thirty (30) days after Gallant provides notice of such breach. Gallant may also terminate this agreement immediately upon written notice to you if required by law or a governmental or regulatory agency to terminate the Cell Banking Services. Except as set forth below, all fees pre-paid by you are non-refundable. Gallant may terminate the Cell Banking Services immediately upon notice if the collection of Biological Materials is unsuccessful or insufficient, if the Tissue Collection Kit is lost, or delivered late, or in the event that it is not possible to treat or store the Biological Materials for any reason, and in such case, Gallant shall refund all fees collected as of the effective date of termination. Upon termination or expiration of the Cell Banking Services, Gallant will dispose of or use the Biological Materials in an appropriate manner, in its sole discretion, including, but not limited to, transfer of the Biological Materials to a research facility, unless you provide Gallant with written directions within thirty (30) days after expiration or termination of the Cell Banking Services, requesting the transfer of the Biological Materials to a Veterinarian designated by you, at your expense..
Should you enroll in our CELL BANKING SERVICES, you acknowledge and agree that all information about stem cell collection, PRESERVATION AND REGENERATIVE MEDICINE on this Service is provided "as is" without any representation or warranty, express, implied, or statutory about the accuracy of such information, the usefulness or suitability of such stem cells for any particular purpose. Without limiting the foregoing, Gallant does not warrant: (i) as storage of stem cells and other Biological Material is a relatively new service, successful long term preservation of the Biological Materials through cryopreservation; (ii) successful subsequent use of Biological Materials after cryopreservation; (iii) the availability of any future medical or therapeutic use(s) of the stem cells; (iv) that, should a therapy using stem cells become available in the future, Biological Materials collected and stored by Gallant pursuant to this Agreement under Gallant's current process will be able to be released by Gallant and/or used for the purposes of such therapy; (v) that sufficient numbers of stem cells will be collected to enable any particular medical or therapeutic use(s) of the cells derived from the Biological Materials; (vi) that Biological Materials would be the best sources of stem cells for treatment of any particular disease, or (vii) that Biological Materials will be appropriate for treatment of any particular disease that your pet may develop in the future. Client hereby releases Gallant and its officers, directors, employees, agents, affiliates, successors and assigns from any and all other liability for any and all loss, harm, damage or claim of any kind in connection with the Cell Banking Services.
You hereby acknowledge and agree that if there is a sufficient quantity of Biological Materials collected, to donate any excess Biological Materials for Gallant's further research and development purposes. Gallant intends to use your Biological Materials for uses including, but not limited to, genetic testing, creation of a genetic database, and for research and development of regenerative medicines for treatments for pets.
Should you enroll in our Cell Banking Services, you have the option of prepaying for the storage of such stem cells for the full life of your pet or you may make payments on an annual subscription basis as discussed below. In the event you fail to pay or renew your term, you acknowledge and agree that you will be surrendering and assigning all rights, title, and interest in and to the Biological Materials to Gallant, and neither you nor Gallant will have any continuing obligations to the other with respect to the Cell Banking Services. If you select the pre-payment option, you must notify Gallant of the death of your pet. Upon notice of the death of your pet, Gallant will dispose of or use the Biological Materials in an appropriate manner, in its sole discretion, including, but not limited to, transfer of the Biological Materials to a research facility.
You hereby acknowledge and agree that Gallant is not directly involved in or otherwise a party to any transactions that may take place between you and any Veterinarian. Gallant has no control over the quality, safety, morality or legality of any aspect of the Veterinarian's products or services or the ability of the Veterinarian to provide any goods or perform any services, including the collection of the Biological Materials. Gallant does not conduct background checks regarding any users of the Site or Veterinarians. Gallant is not a broker, agent or insurer for any users of the Website, whether they are Veterinarians or Users. Gallant makes no representations, warranties or guarantees regarding any content or information provided by the Veterinarian, including, without limitation, the identity, education, and experience. We encourage you to communicate directly with potential Veterinarians. All purchases or services sought by you from any Veterinarian are made at your own risk, and all products or services rendered by a Veterinarian are made at the Veterinarian's own risk.
Without limiting the forgoing, you hereby acknowledge and agree that Gallant shall have no liability in the event of (i) acts or omissions of the Veterinarian; (ii) failure of the courier to deliver the Biological Materials, due to loss, damage or destruction of the Biological Materials while in the courier's possession; or (iii) any event that harms or contaminates the Biological Materials that was beyond the reasonable control of Gallant, such as, fire, explosions, power outages, storms, floods, terrorism, wars, labor disputes, governmental action, imposition of statutes, laws or regulations that materially alter the program for collection, processing, testing and storage of the Biological Materials.
Gallant may modify the terms of the Cell Banking Services if there is any change in applicable law that directly affect the provision of Cell Banking Services. Gallant will notify you of any such changes in writing.
INFORMATION FOR VETERINARIANS
In order to become a service provider on the Service, veterinarians or veterinarian practices will have to provide their full name, business name, business address, business phone number, and business email address, all of which is subject to Gallant's Privacy Policy. Additionally, veterinarians or veterinary practices will need to complete and agree to our service provider agreement. Gallant reserves the right, but disclaims any obligation or responsibility, to verify the credentials or experience of a veterinarian or veterinary practice.
If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity you are acting on behalf of to this Agreement. Any submission of false or materially inaccurate information by users in creating an account shall constitute a basis for Gallant to terminate the account and bar such users from making further access or use of the Website. You may only create one account per person, and any user creating multiple accounts with different email addresses may be subject to account termination.
SUBSCRIPTION OPTION
Gallant provides a recurring subscription program whereby Users can subscribe to Cell Banking Services. To subscribe, you will need to enter your billing information and select the desired subscription program. The first year's subscription fee is charged once you complete the checkout process and the first year of storage begins once we have successfully processed the Biological Materials (the "Success Date"). We will provide you written notice of the Success Date. However, after that, please note by enrolling into the subscription program, you are agreeing to pay and authorize Gallant to automatically charge your payment method the recurring subscription price shown on the subscription program offering page every subscription period until you cancel. Your subscription period and charge date will depend on the Success Date. We will save your payment method information for use on all future purchases. All subscription fee charges are refundable at the sole discretion of Gallant.
Upon enrollment into the subscription program, you agree to pay all fees and charges in accordance with your subscription program and we will provide the Cell Banking Services in accordance with applicable law.
If you wish to cancel your Cell Banking Services, you must contact Gallant before your next billing period and notify Gallant in writing within thirty (30) days of such cancellation notice if you would like the Biological Materials transferred to a Veterinarian designated by you, at your expense:
If you do not cancel before your next billing cycle, you will incur a non-refundable subscription fee in your regular amount on the same scheduled date you are regularly charged based on your subscription period.
We accept Visa, MasterCard, American Express, JCB, Discover, Diners Club, China UnionPay credit cards and debit cards as forms of payment through Stripe, as well as Affirm financing. If your payment method reaches its expiration date and you do not edit your payment method information or cancel your account, you authorize us to continue billing that payment method on file including extending the expiration date until we are notified by you or the company that provides your payment method that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your account should you wish to discontinue your membership with us.
Our purchase and checkout process is powered by our third party payment processors (e.g., Stripe, Affirm) ("Payment Processor"). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to the Terms. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received
SUBMISSIONS
Except where expressly provided otherwise by Gallant, all comments, feedback, information and data submitted to Gallant through, in association with or in regard to the Service ("Submissions") shall be considered non-confidential and Gallant's property. This may not include copyright ownership of images which you may upload, but does include an express license to use said images in any method Gallant sees fit and make compilations and derivative works thereof in all media now known or hereafter devised. Except as expressly enumerated in the preceding sentence, by providing such Submissions to Gallant, you agree to assign to Gallant, as consideration in exchange for the use of the Service, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent that you have the right to grant Gallant these rights. Gallant shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Gallant, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
You will not post any Submission that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity.
Gallant reserves the right, but disclaims any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any Gallant site that violates these Terms and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms and/or protect the safety or security of any person or property, including any Gallant site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.
All Submissions must be true, and in accordance with the rights of privacy and publicity and all federal, state and international law. You may not upload an image or any likeness of another without their consent (or the consent of their parent or guardian if they are under the age of 18). If you do so, Gallant reserves the right to cancel or suspend your account. Furthermore, Gallant reserves the right to cancel or suspend your account, if in its sole discretion, it believes you are using Gallant for improper purposes, or any purpose inconsistent with its business.
CHILDREN
Gallant does not accept Submissions or any user under the age of 18 ("Child" or "Children"). You are ineligible to use this Service if you are under the age of 18.
LINKS TO THIRD PARTY SITES
The Website may contain links or have references to websites controlled by parties other than Gallant, including social media services ("Third Party Sites"). Gallant is not responsible for and does not endorse or accept any responsibility for the contents or use of these Third Party Sites. Gallant is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Gallant of the Third Party Site and/or the content and materials found at the Third Party Site, except as specifically stated otherwise by Gallant. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.
LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE LIABILITY OF GALLANT AND ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GALLANT FOR THE SERVICE IN THE IMMEDIATELY PRECEDING SIX MONTHS. IN NO EVENT WILL GALLANT, ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE, OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, EVEN IF GALLANT OR ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO GALLANT FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM GALLANT, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
ANY LIMITATION OF GALLANT' LIABILITY WITH RESPECT TO LIABILITY ARISING FROM OUR NEGLIGENCE, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT IS NOT ENFORCEABLE WITH RESPECT TO VISITORS OF THE SITE FROM NEW JERSEY.
LICENSES FROM USERS
You grant to Gallant and its Third Party Providers the non-exclusive, worldwide right to use, copy, transmit and display any User-generated content such as, but not limited to, reviews, comments, forum posts, blogs, messages, uploaded files, solicitations, data, information, or any other content or materials, provided to Gallant by you in the course of accessing and/or using the Website. Notwithstanding the foregoing, Gallant's obligations regarding identification and other information concerning your personal information shall be governed by the terms of the Privacy Policy. The terms of the Privacy Policy are expressly incorporated herein as though set forth in full.
REPRESENTATIONS AND WARRANTIES
Each User represents and warrants that it has the power and authority to enter into these Terms. Gallant warrants that it will provide the Service in a manner consistent with its business practices, as Gallant, in its sole and absolute discretion, deems fit. To the extent that you represent an entity of any type or any individual besides yourself, you represent and warrant that you have the proper authority to enter into these Terms on their behalf.
DISCLAIMER OF WARRANTIES
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY GALLANT, THE WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH ARE PROVIDED "AS IS," AND ARE FOR USE AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, GALLANT AND ITS THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE WEBSITE, THE MATERIALS, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. GALLANT AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED WITH THE WEBSITE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE WEBSITE AND/OR THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GALLANT AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE GOODS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICES AND WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER GALLANT NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE AND SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. GALLANT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. . GALLANT EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF GOODS AND/OR SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE WEBSITE. YOU USE THIRD PARTY PROVIDERS AND AFFILIATED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID THIRD PARTY PROVIDERS AND SERVICES.
INDEMNITIES
To the fullest extent permitted by law, you agree to indemnify and hold Gallant, its subsidiaries and affiliates, and each of their members, managers, directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your use of the Service, your use of any Third-Party Services that are made available by the Service, any content you post or content you share on or through the Service or otherwise, your conduct in connection with the Service or with other Users, or any violation of these Terms or of any law, rule, regulation or order, or the rights of any third party. This indemnity shall survive any termination or cessation of use by you of the Service. Without limiting the generality of the foregoing, you agree to indemnify and hold Gallant and its licensors harmless for any improper or illegal use of your account, including the illegal or improper use of your account by someone to whom you have given permission to use your account. ANY OBLIGATION TO INDEMNIFY ANY INDEMNIFIED PARTY FOR ANY LOSS, LIABILITY OR EXPENSE ARISING FROM ANY NEGLIGENT, GROSSLY NEGLIGENT, RECKLESS, WILLFUL, FRAUDULENT OR INTENTIONAL CONDUCT COMMITTED BY ANY INDEMNIFIED PARTY IS NOT ENFORCEABLE AGAINST ANY VISITOR OF THE SITE FROM NEW JERSEY.
YOUR RESPONSIBILITIES
You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Service, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which Gallant controls and operates the Service and services associated therewith. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the software is at your sole risk.
Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity.
NOTICES
Gallant may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in Gallant's account information, or by written communication sent by first class mail or pre-paid post to your address on record in Gallant's account information. All notices shall be deemed to have been given four days after mailing or 36 hours after sending by email or posting to the Service.
Furthermore, Gallant complies with the Digital Millennium Copyright Act ("DMCA"). Any notices given pursuant to the DMCA shall be given to the Gallant designated agent via email at info@gallant.com or via registered US mail sent return receipt to: DMCA Compliance Agent, Gallant Pet, Inc., 10865 Road to the Cure, Ste 101, San Diego, CA 92121.
You may give notice to Gallant at any time by letter sent by registered mail with return receipt to: Gallant Pet, Inc., 10865 Road to the Cure, Ste 101, San Diego, CA 92121
RESOLUTION OF DISPUTES – MANDATORY ARBITRATION AND CLASS ACTION WAIVER
We offer the following process to help you resolve a complaint or Dispute (as defined below) that you may have with Gallant or the use of this Service. Please read this section carefully. Our Customer Service Department, which you can reach at help@gallant.com or 855-442-5526 can help you resolve most of your concerns. If our Customer Service Department is unable to resolve your complaint or Dispute, you agree to take the following steps to resolve any Dispute you may have with us.
Step 1. Notice of Dispute
You must first try to resolve any complaint or Dispute with us through our Notice of Dispute process. You begin by submitting a "Notice of Dispute" with any supporting documents or other information by U.S. Mail to:
Gallant Pet, Inc. Attention: Notice of Dispute 10865 Road to the Cure, Ste 101 San Diego, CA 92121
A "Notice of Dispute" is a written form in which you provide your name, address, contact information, email address, the facts regarding your Dispute, and the relief you are requesting from us. Once we receive your Notice of Dispute, you and we will attempt to resolve any Dispute through informal negotiation within forty-five (45) days from the date the Notice of Dispute is received by us. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or we may initiate an arbitration proceeding or small claims action as described below.
You agree that the term "Dispute" in these Terms will have the broadest meaning possible. It applies to any dispute, action, or other controversy between you and us relating to the Website, the Services, the Terms (or any breach thereof) – whether in contract, warranty, tort, laws or regulation. The term also applies to any dispute over the validity, enforceability, or scope of this arbitration provision.
Step 2: Arbitration
If your Dispute is not resolved to your satisfaction within 45 days from when we received your Notice of Dispute, you and we agree to arbitrate all Disputes between us. As explained below, you and we also may also have the right to bring an individual action before a Small Claims Court for certain claims. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with us. The Federal Arbitration Act applies to this Agreement.
By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all Disputes in a court before a judge or jury (except Small Claims Court). Instead, a neutral arbitrator will resolve all Disputes.
To read more about arbitration, visit www.adr.org. The American Arbitration Association ("AAA") will conduct any arbitration under its Consumer Arbitration Rules in effect at that time. You can review the Consumer Arbitration Rules here. You may begin an arbitration with us by completing a Demand for Arbitration form, available by clicking here. The completed form(s) should be returned directly to the AAA. The AAA will assign someone to manage your case. You will be contacted with instructions for continuing the arbitration process. Be sure to keep a copy of everything you send to the administrator of your arbitration or us. If, for any reason, the AAA is unavailable, the parties shall mutually select another arbitration forum which will be governed by the AAA Consumer Arbitration Rules. The AAA rules will determine whether the arbitration will take place through written submissions by you and us, by telephone, or in person.
Class Action Waiver
Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
Costs
If you initiate arbitration with the AAA, we will promptly reimburse you for any standard filing fee you may have been required to pay by the AAA, once you have notified us in writing and provided a copy of the arbitration demand. If the value of the relief sought is $75,000 or less, at your request, Gallant will also pay all administration and arbitrator fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the administration and arbitrator fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the administration and arbitrator fees, Gallant will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Gallant will pay as much of the administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys' fees will be governed by the AAA Rules.
Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Small Claims Option
You may also litigate any Dispute in Small Claims Court in the County of Los Angeles, California, if the Dispute meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court in the County of Los Angeles by clicking here. However, if you initiate a Small Claims case, you are responsible for all your court costs.
Choice of Law and Forum Selection
You agree that the laws of the State of California govern this agreement and any claim or Dispute or issues arising from it, without regard to California's conflict of laws rules. Unless you and we agree otherwise, in the event that the Agreement to arbitrate above is found not to apply to you or to a particular claim or Dispute as a result of a decision by the arbitrator or a court order, you agree that any Disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in the County of Los Angeles in the State of California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Use of the Service and any claim relating to Gallant shall be governed by the laws of the State of California and litigated in the State of California. Any disputes, actions, claims or causes of action arising out of or in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in California. The choice of law of and exclusive venue in California apply to you regardless of where you are accessing the Website from even if you are accessing the Service from outside of the United States of America.
Entire Agreement; Changes to the Terms
The Terms (together with the Privacy Policy) represent the parties' entire understanding relating to the use of the Website and supersedes any prior or contemporaneous, conflicting or additional, communications. Gallant reserve the right to change these Terms or policies relating to the Service at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Website, which may be posted from time to time. Your continued use of the Service after any such changes and/or postings shall constitute your consent to such changes. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
General Provisions
You may not assign these Terms without the prior written approval of Gallant. Any purported assignment in violation of this section shall be void. Gallant reserves the right to use Third Party Providers in the provision of the Service and/or the goods, service and/or Materials associated therewith. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys' fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by Gallant.
Referral Program Terms
These Referral Program Terms govern your participation in our Refur-A-Friend Program ("Referral Program"). Gallant Pet, Inc. ("Gallant" or "we" or "us") offers the Referral Program to anyone who is interested in referring friends and/or family to purchase stem cell banking through www.gallant.com.
General These referral program terms are in addition to any agreements between you and Gallant, including Terms of Service and Privacy Policy(collectively, the “General Terms and Conditions”), which you agreed upon when purchasing Gallant stem cell banking. The General Terms and Conditions are hereby incorporated by reference and shall apply to your participation in the Referral program.
Qualified Referrals A Qualified Referral Must: a. Customer who purchased a stem cell banking plan(Annual or Lifetime) from b. Gallant c. The procedure date needs to occur without cancellation; d. Sign up member must use your coupon code at checkout or other methods supplied by us that allow for proper tracking of referrals; Consent to comply with the General Terms and Conditions
Payments Payments will be made for qualified referrals within 7 business days of the start of the month following the banking procedure date. Payments will be made to method selected by you.
Bonus You may be eligible to earn a reward ("Bonus") for each Qualified Referral that you refer to Gallant. The Bonus applicable to Qualified Referrals changes from time to time, and will be set forth sent via electronic mail.
Representations By participating in the Referral Program, you represent and warrant that (i) you have a personal relationship with your referral or otherwise have the necessary consents to submit their information to the Referral Program; and (ii) you will comply with all applicable Company policies and terms, and any and all applicable laws, rules and regulations in your participation in the Referral Program.
Restrictions The following is a non-exhaustive list of activities that are not permitted and that will disqualify you from earning Bonuses through the Referral Program: (i) self-referral; (ii) creating fake accounts, blogs, web pages, profiles, websites, links or messages; (iii) any bulk email distribution, submission or distribution to strangers, or any other promotion that would constitute or appear to constitute unsolicited commercial email or "spam"; (iv) bidding on any keywords containing "Gallant" or common misspellings thereof, including, but not limited to,Gallant Pet or Gallant.com; (v) placement of our logos or mention of our trademarks or tradenames in any ad text, extensions or banner ads; (vi) paid advertising for the purpose of generating traffic directly to your referral link; (vii) misleading or attempting to mislead anyone in connection with the Referral Program, including, but not limited to, misrepresenting your relationship with us or posing as our representative in an official capacity; and (viii) taking any action or making any content that is disparaging or defamatory to us. Multiple accounts created with the same name, address, email address or other identifying feature may be flagged as fraudulent referrals.
Reservation of Rights We reserve the right to withhold, deny or cancel any bonuses and/or rewards and/or terminate your account if Company, in its sole discretion, deems any bonus and/or reward as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with these Referral Program Terms, the General Terms and Conditions or any other applicable law or regulation. Our decisions are final.
Termination We reserve the right to suspend or terminate the Referral Program or to change these Referral Program Terms at any time and for any reason in our sole discretion.
Taxes You may be taxed on your receipt of bonuses for referrals or other promotional activities spending on the tax laws of federal, state and local jurisdictions. You will be solely responsible for any and all tax liability arising out of the consideration received in connection with any referrals or promotional activities.
If you have any questions regarding these Terms or wish to contact us for any matter:
Email: info@gallant.com