Terms Of Service

Table of Contents

1. Agreement to terms
2. Intellectual property
3. User representations
4. User registration
5. Marketplace offerings
6. Purchases and payment
7. Return policy
8. Prohibited activities
9. User-generated contributions
10. Contribution license
11. Guidelines for reviews
12. Mobile application license
13. Social media
14. Submissions
15. Advertisers
16. Platform
17. Privacy policy
18. Digital Millennium Copyright Act policy
19. Term and termination
20. Modifications and interruptions
21. Governing law
22. Dispute resolution
23. Corrections
24. Disclaimer
25. Limitations of liability
26. Indemnification
27. User data
28. Electronic communications, transactions, and signatures
29. California users and residents
30. Miscellaneous
31. Contact us 

1. Agreement To Terms

These Terms of Use (“Terms of Service”) constitute a legally binding agreement made between you, the user, whether personally or on your behalf (“you”) and Milk Gal LLC (“Company”, “we”, “us”, or “our”), concerning your access to and use of the platform (“site”, “app”), Milk Gal, as well as any other media form, media or channel, mobile website or mobile application related, link, or otherwise connected to Milk Gal. We are registered in California, United States and have our registered office at 11 Buckingham Way, Rancho Mirage, CA 92270. Our EIN number is 88-39637076. The platform provides an online marketplace for breast milk (the “Marketplace Offerings”). In order to help make the platform a secure environment for the purchase and sale of marketplace offerings, all users are required to accept and comply with these terms of service. You agree that by accessing the app and or the marketplace offerings, you have read, understood, and agree to be bound by all of these terms of service. If you do not agree with all of these terms of service, then you are expressly prohibited from using the app and or the marketplace offerings and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the platform from time to time are expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these terms of use from time to time. We will alert you about any changes by updating the “last updated” date of these terms of service, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable terms every time you use our platform so that you understand which terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised terms of use by your continued use of the app after the date such revised terms of use are posted.

The information provided on the platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

Health and safety is the responsibility of you, the individual user. Milk Gal is not responsible for the quality of the milk or the actions of its users. Milk Gal can not ensure the absence of syphilis, HIV (AIDS) (human immunodeficiency virus), HTLV (human T-lymphotropic virus), hepatitis, HBV (hepatitis B), HCV (hepatitis C), CMV (cytomegalovirus) West Nile virus or any other disease or illness of any sort in the milk of its users.

You may not use the app in a way that would violate the Gramm-Leach-Bliley Act. 

2. Intellectual Property Rights

Unless otherwise indicated, the platform and the marketplace offerings are our proprietary property and all the source code, databases, functionality, software, websites, designs, audio, video, text, photographs, and graphics on the platform (collectively, the “Content”) And the trademarks, service box, and logos contained therein (the “Marks”) are owned or controlled by us or license to us, and are protected by copyright and trademark law and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The content and the marks are provided on the app “as is” for your information and personal use only. Except as expressly provided in these terms of use, no part of the app or the marketplace offerings and no content or marks may be copied, reproduced, aggregated, republished, uploaded, posteded, publicly displayed, and coated, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the platform, you are granted a limited license to access and use this platform and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use. We reserve All rights not expressly granted to you in and to the platform, the content and the marks. 

3. User Representations

By using the platform or the marketplace offerings, you represent and warrant that: all registration information you submit will be true, accurate, current, and complete; you will maintain the accuracy of such information and probably update such registration information as necessary; you have the legal capacity and you agree to comply with these terms of use; you are not a minor in the jurisdiction in which you reside; you will not access the platform or the marketplace offerings through automated or non-human means, weather through a bot, script or otherwise; you will not use the platform for any illegal or unauthorized purpose; and your use of the platform or the marketplace offerings will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the platform.

You may not use the app, site, platform or the marketplace offerings for any illegal or unauthorized purpose nor may you, in the use of the marketplace offerings, violate any laws. Among unauthorized marketplace offerings are the following: milk after you have been recently intoxicated, or your milk if you have ever suffered from a disease such as syphilis, HIV (AIDS) (human immunodeficiency virus), HTLV (human T-lymphotropic virus), hepatitis, HBV (hepatitis B), HCV (hepatitis C), CMV (cytomegalovirus) West Nile virus or any other disease or illness that is known to be transmitted through breast milk, or milk that has been handled improperly or contaminated such as to be unacceptable in a food preparatory role. The sale of such breast milk may result in the termination of your account, a lifetime ban from the platform and legal action from the affected user(s). 

Postings may not contain pornographic or adult content. Postings may not contain offensive or obscene words. You may be required to change the offending information or your account may be terminated entirely. 

We are a service provider and make no representations as to the safety, adequacy or legitimacy of any of the information contained on the platform, site, app or the marketplace offerings displayed or offered throughout the platform. You understand and agree that the content of the platform does not contain or constitute representations to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions, or misrepresentations contained within the platform's content. We do not endorse or recommend any marketplace offerings and the platform is provided for informational and advertising purposes only.

4. User Registration

You may be required to register with the platform in order to access the marketplace offerings. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change the information you select if we determine, in our sole discretion, that such information is inappropriate, obscene, or otherwise objectionable. 

5. Marketplace offerings

We make every effort to display as accurately as possible the safest and most suitable options for our users. However, we do not guarantee that users will supply healthy milk or act in accordance with what is socially and legally acceptable. We encourage you to do your own due diligence and not meet with users that do not seem trustworthy.  

6. Purchases and payment

Purchases and payments are to be discussed and agreed upon between users. Upon meeting, users of the platform should conduct themselves with respect, integrity and remain within the law. Reports of a negative experience may result in the termination of your account, a lifetime ban from the platform and legal action from the affected user(s). 

7. Return Policy

As far as Milk Gal is concerned, all sales are final and no refund is guaranteed. 

8. Prohibited Activities

You may not access the app for any purpose other than for which we make the app available. The platform may not be in connection with any commercial Endeavors except those that are Specifically endorsed or approved by us.

As a user of the platform, you agree not to:

• Systematically retrieve data or other content from the platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users.
• Circumvent, disable, or otherwise interfere with security-related features of the platform, including features that prevent or restrict the use of copying of any content or enforce limitations on the use of the platform and / or the content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and / or the platform.
• Use any information obtained from the platform in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the platform and a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the platform.
• Upload or transmit viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the marketplace offerings.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data Gathering and extraction tools.
• Delete the copy right or other proprietary rights notice from any content.
• Attempt to impersonate another user or person or use the user name of another user.
• Upload or transmit (or attempt to upload or transmit) see any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear Graphics interchange format (“gifs”) 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware" or “passive collection mechanisms" or “PCMS”).
• Interfere with, disrupt, or create an undue burden on the platform or the networks or Services connected to the platform.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the marketplace offering to you.
• Attempt to bypass any measures of the platform designed to prevent or restrict access to the platform, or any portion of the app.
• Copy or adapt the apps software, including but not limited to flash, php, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the platform.
• Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the app, Or using or launching any unauthorized script or other software.
• Use a buying agent or purchase agent to make purchases on the platform.
• Make any unauthorized use of the marketplace offerings, including collecting user information and / or email addresses of users by electronic or other means for the purposes of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the marketplace offerings as part of any effort to compete with us or otherwise use the platform and / or the content for any revenue-generating Endeavor or commercial Enterprise. 

9. User Generated Contributions

The platform may invite you to chat, contribute to, or participate in account posts, message boards and other functionalities. You may be provided with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, upload, or broadcast content and materials to us or on the platform, including but not limited to text, writings, video, audio, photographs, Graphics, comments, suggestions, messages, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the platform and the marketplace offerings and through third-party websites. As such, any contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any contributions, you there by represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the platform, and the other users of the platform to use your contributions in any manner contemplated by the platform and these terms of service.
• You have the written consent, Release, and or permission of each and every identifiable individual person in your contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your contributions in any manner contemplated by the platform and these terms of service.
• Your contributions are not false, inaccurate, or misleading.
• Your contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, Mass mailings, or other forms of solicitation.
• Your contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
• Your contributions do not ridicule, Mauk, disparage, intimidate, or abuse anyone.
• Your contributions are not used to harass or threaten( in the legal sense of those terms)  any other person and to promote violence against a specific person or class of people.
• Your contributions do not violate any applicable law, regulation, or rule.
• Your contributions do not violate the privacy or publicity rights of any third party.
• Your contributions do not violate any applicable law concerning child pronography, or otherwise intend to protect the health or well-being of minors.
• Your contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• Your contributions do not otherwise violate, or link to materials that violates, any provision of these terms of service, or any applicable law or regulation.

Any use of the platform or the marketplace offerings in violation of the foregoing violates these terms of service and may result in, among other things, termination / suspension of your rights to use the platform and the marketplace offerings, investigation or legal action. 

10. Contribution License

By posting your contributions to any part of the platform or making contributions accessible to the platform by linking your account from the platform to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us and unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resale, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), And distribute such contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such contributions, and Grant and authorize sub licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, Media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos and personal and commercial images you provide. You waive all moral rights in your contributions, and you warrant that moral rights have not otherwise been asserted in your contributions.

We do not assert any ownership over your contributions. You retain full ownership of all your contributions and any intellectual property rights or other property rights associated with your contributions. We are not liable for any statements or representations in your contributions provided by you in any area on the platform. You are solely responsible for your contributions to the platform and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your contributions. 

We have the right, in our sole and absolute discretion to edit, redact, or otherwise change any contributions; to re-categorize any contributions to place them in more appropriate locations in the platform; and to pre-screen or delete any contribution to add any time and for any reason, without notice. We have no obligation to monitor your contributions.

11. Rules for reviews

We may provide you areas on the platform to leave reviews or ratings. When posting a rating, you must comply with the following criteria: you should have first-hand experience with the person / entity being reviewed; your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; your reviews should not contain references to illegal activity; should not be affiliated with competitors if posting negative reviews; you should not make any conclusions as to the legality of conduct; your reviews may not make any false or misleading statements; your reviews may not organize a campaign to encourage others to post reviews, whether in positive or negative.

We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if any one considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our Affiliates or Partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and / or distribute all content relating to the reviews. 

12. Mobile Application License

The following terms apply to you when you use a mobile application obtained from either the Apple store or Google Play Store to access the marketplace offerings: the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable app distributors terms of service; we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these terms of service or as otherwise required under applicable law, and you acknowledge that each app distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable app distributor. The app distributor will have no other warranty obligation whatsoever with respect to the mobile application; you represent and warrant that you are not located in a country that is subject to the US government embargo, or that has been designated by the US government as a terrorist supporting country and you are not listed on any US Government list of prohibited or restricted party; you must comply with applicable third-party terms of agreement when using the mobile application, for example, if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and you acknowledge and agree that the app distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these terms of service, and that each app distributor will have the right, and will be deemed to have accepted the right, to enforce these terms and conditions in this mobile application license contained in these terms of service against you as a third-party beneficiary thereof.

13. Social Media

As part of the functionality of the platform, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) By either: providing your 3rd party account login information through the platform; or allowing us to access your 3rd party account, as is permitted under the applicable terms and conditions that govern your use of each 3rd party account. You represent and warrant that you are entitled to disclose your third party account login information to us and / or grant us access to your third party account, without breach by you of any of these terms and conditions that govern your use of the applicable third-party account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of this third-party account. By granting us access to any third-party accounts, you understand that we may access, make available, and store, if applicable, any content that you have provided to and stored in your third party account so that it is available on and through the platform via your account, including without limitation any friend lists and we may submit to and receive from your third-party account additional information to the extent you are notified when you link your account with the third part party account. Depending on the 3rd party account you choose and subject to the privacy settings that you have set and such third-party accounts, personally identifiable information that you post to your third-party account may be available on and through your account on the platform. Please note that if a third-party account or associated service becomes unavailable or our access to such a third-party account is terminated by the third-party service provider, then the social network content may no longer be available on and through the platform. Please note that your relationship with the third-party service provider associated with your third party accounts is governed solely by your agreements with such third-party service providers. We make no effort to review any social network content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any social network content. You acknowledge and agree that we may access your email address book associated with a third-party account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered on the platform. You can deactivate the connection between the platform and your 3rd party account by contacting us using the contact information below.

14. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the platform or the marketplace offerings provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights and shall be entitled to the unrestricted use and dissemination of the submissions for any lawful purpose, commercial or otherwise, You hereby waive all moral rights to any such submissions and you hereby warrant that any such submissions are original with you or that you have the right to submit such submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your submissions.

15. Advertisers

We allow advertisers to display their advertisements and other information in certain areas of the platform, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the platform and any services provided on the platform or product sold through those advertisements. Further, as an advertiser you warrant and represent that you possess all rights and authority to place advertisements on the platform, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (dmca) notice and policy provisions as described below, and you understand and agree there will be no refund or other compensation for dmca takedown related issues. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

16. Platform management

We reserve the right, but not the obligation, to: monitor the platform for violations of these terms of service; take appropriate legal action against anyone who, in our sole discretion, violates these laws or these terms of service, including without limitation, reporting such user to law enforcement authorities; in our sole discretion and without limitation refuse, restrict access to, limit the availability of, or disabled, to the extent technologically feasible, any of your contributions or any portion thereof; in our sole discretion and without limitation, notice, or liability, too remove from the platform or otherwise disable all files and content that were excessive in size or are in any way burdensome to our systems; and otherwise manage the platform in a manner designed to protect our rights and property to facilitate the proper functioning of the platform and the marketplace offerings. 

17. Privacy Policy

We care about data privacy and security. Please review our privacy policy : https://milkgal.com/privacy-policy By using the platform or the marketplace offerings, you agree to be bound by our privacy policy, which is incorporated into these terms of condition. Please be advised that the platform and the marketplace offerings are hosted in the United States. If you access the platform or the marketplace offerings from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States then through your continued use of the platform, you are transferring your data to the United States, and you've agreed to have your data transferred to and processed in the United States.

18. Digital Millennium Copyright Act (DMCA) Notice and Policy

We respect the intellectual property rights of others. If you believe that any material available on or through the platform infringes upon any copyright you own or control please immediately notify our designated copyright agent using the contact information below.

Designated Copyright Agent

Gavin M.

Attn: Copyright Agent

gavinm@milkgal.com

19. Term and Termination

These terms of service shall remain in full force and effect while you use the platform. Without limiting any other provision of these terms of service, we reserve the right to, in our sole discretion and without notice or liability, Deny access to and use of the platform and the marketplace offerings including blocking certain IP addresses, to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of service or of any applicable law or regulation. We may terminate your use or participation in the platform and the marketplace offerings or delete your account and any content or information that you posted at any time, without warning, at our sole discretion. 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or a borrowed namee, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation for suing civil, criminal and injunctive redress. 

20. Modification and Interruptions

We reserve the right to change, modify, or remove the contents of the platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our platform. We also reserve the right to modify or discontinue all or part of the marketplace offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the platform or the marketplace offerings. We cannot guarantee the platform and the marketplace offerings will be available at all times. We may experience Hardware, software, or other problems or need to perform maintenance related to the platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the platform or the marketplace offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by these issues. Nothing in these terms of service will be construed to obligate us to maintain and support the platform or the marketplace offerings or to supply any corrections, updates, or releases in connection therewith. 

21. Governing Law

These terms of service and your use of the platform and the marketplace offerings are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the state of California, without regard to its conflict of law principles. 

22. Dispute Resolution

Informal negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these terms of service brought by either you or us the parties agreed to first attempt to negotiate any dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other party.

Binding arbitration

If the parties are able to resolve a dispute through informal negotiations, the dispute will be finally and exclusively resolved through binding arbitration. You understand that without this provision, you would have the right to sue in court and have a jury trial. The arbitration shall be commenced and conducted under the commercial arbitration rules of the American Arbitration Association and where appropriate the aa's supplemental procedures for consumer-related disputes, both of which are available at the AAA website: www.adr.org Arbitration fees and your share of arbitrator compensation shall be governed by the AAA consumer rules and, where appropriate limited by the AAA consumer rules. The arbitration may be conducted in person through the submission of documents, by phone, or online. The Arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either party. The Arbiter must follow applicable law, and any award may be challenged if the Arbitrator fails to do so.

23. Corrections

There may be information on the platform that contains typography errors, inaccuracies, or omissions that may relate to the marketplace offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the platform at any time, without prior notice.

24. Disclaimer 

The platform and the marketplace offerings are provided on an as-is and as available basis. Every user is responsible for his / her own safety. You agree that your use of this platform and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, expressed or implied, in connection with the site, app, platform and the marketplace offerings and your uses thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the platform’s contents or the content of any website link to the platform and we will assume no liability or responsibility for any errors, mistakes, or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the platform, any unauthorized access to or use of our secure servers and / or any and all personal information and / or financial information stored there in, any interruption or cessation of transmission to or through the  platform by any third party, and / or any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, and or otherwise made available via the platform. We do not warrant, indoors, guarantee or assume responsibility for any product or service advertised or offered by a third-party through the platform, any any hyperlinks websites or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment you should use your best judgment and exercise caution where appropriate.

25. Limitations of liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost Revenue, loss of data, or other damages arising from your use of the platform or the marketplace offerings even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained therein our liability to you for any cause whatsoever and regardless of the form of the action will at all times be limited to $1,000 USD. Certain US state laws and international 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 are limitations may not apply to you, and you may have additional rights.

26. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys fees and expenses, made by any third-party do to or arising out of: your contributions; use of the marketplace offerings; breach of these terms of service; any breach of your representations and warranties set forth in these terms of the use; your violation of the rights of a third party, including but not limited to intellectual property rights; or any overt harmful act toward any other user of the platform or the marketplace offerings with whom you connected via the platform. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

27. User Data

We will maintain certain data that you transmitted to the platform for the purpose of managing the performance of the marketplace offerings, as well as data relating your use of the marketplace offerings.  Although we perform regular routine backups of data, you are solely responsible for all data that you transmitted or that relates to any activity you have undertaken using the marketplace offerings. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

28. Electronic communications, transaction, and signatures

Visiting the platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on this platform, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the platform. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than the electronic means.

29. California users and residents

If any compliant with us is not satisfactorily resolved, you can contact the compliant assistant unit of the division of consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Boulevard., Suite N 112, Sacramento, California 95834 or by telephone at 1 800 952-5210. 

30. Miscellaneous

These terms of service and any policies or operating rules posted by us on the platform or in respect to the marketplace offerings constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these terms of service shall not operate as a waiver of such right or provision. These terms of service operate to the fullest extent permitted by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these terms of service is determined to be unlawful, void, or unenforceable, that provision or part of that provision is deemed severable from these terms of service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these terms of service or use of the marketplace offerings. You agree that these terms of service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these terms of service and the lack of signing by the parties here to to execute these terms of service. 

31. Contact us

In order to resolve a complaint regarding the platform or the marketplace offerings or to receive further information regarding use of the platform or the marketplace offerings, please fill out the contact form available on milkgal.com.