TERMS & CONDITIONS OF USE

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY:

G COMPANY AND THEIR AFFILIATES AND SUBSIDIARIES (HEREINAFTER COLLECTIVELY REFERRED TO AS “G&B ,” “GALIT LEVI,” “GL,” “GALIT,” “MY BELLA SWIM”, “US,” “WE,” “OUR,” OR “COMPANY”) HAS CREATED THE FOLLOWING TERMS & CONDITIONS OF USE (“TERMS & CONDITIONS”) TO APPLY TO ALL USERS OF THIS WEBSITE, WWW.GALIT-LEVI.COM INCLUDING OUR MOBILE SITE, AND THE SERVICES CONTAINED OR OFFERED THEREIN (COLLECTIVELY, OUR “SERVICES”).

THESE TERMS & CONDITIONS ARE WRITTEN IN THE ENGLISH LANGUAGE. WE DO NOT GUARANTEE THE ACCURACY OF ANY TRANSLATED VERSIONS OF THESE TERMS. TO THE EXTENT ANY TRANSLATED VERSIONS OF THESE TERMS & CONDITIONS CONFLICT WITH THE ENGLISH LANGUAGE VERSION, THE ENGLISH LANGUAGE VERSION OF THESE TERMS & CONDITIONS SHALL CONTROL.

I. GENERAL CONDITIONS

PLEASE CAREFULLY READ THESE TERMS & CONDITIONS BEFORE USING OUR SERVICES. BY USING OUR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS, INCLUDING THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER DESCRIBED IN SECTION X, AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS, THEN YOU MUST NOT USE OUR SERVICES. IF YOU VIOLATE THE TERMS & CONDITIONS, WE RESERVE THE RIGHT TO DENY YOUR ACCESS TO OUR SERVICES, TOGETHER WITH ANY AND ALL OTHER LEGAL REMEDIES.

THE HEADINGS USED HEREIN ARE INCLUDED FOR CONVENIENCE ONLY AND WILL NOT LIMIT OR OTHERWISE AFFECT THESE TERMS & CONDITIONS.

II. NON-EXCLUSIVE, NON-TRANSFERABLE RIGHT TO USE OUR SERVICES

WE GRANT YOU A LIMITED, REVOCABLE, NON-EXCLUSIVE, NON-TRANSFERABLE RIGHT TO REVIEW CONTENT FROM OUR SERVICES (E.G., OUR WEBSITE) FOR YOUR PERSONAL AND EDUCATIONAL PURPOSES AS LONG AS THEY DO NOT VIOLATE ANY ASPECT OF THESE TERMS & CONDITIONS OR APPLICABLE LAW, INCLUDING OUR INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS IN AND TO THE SERVICES OR THE INTELLECTUAL PROPERTY RIGHTS OF ANOTHER PARTY. WE RESERVE THE RIGHT TO TERMINATE OR LIMIT YOUR ACCESS TO OUR SERVICES AND/OR THE LICENSES GRANTED HEREIN FOR ANY REASON (OR NO REASON) AND IN OUR SOLE DISCRETION.

WE RESERVE THE RIGHT TO, AT ANY TIME, TEMPORARILY OR PERMANENTLY, MODIFY OR DISCONTINUE ANY FEATURES ASSOCIATED WITH THE SERVICES WITH OR WITHOUT NOTICE AND FOR ANY REASON, INCLUDING PERFORMING MAINTENANCE, REPAIRS, OR UPGRADES. WE (AND OUR LICENSORS) REMAIN THE SOLE OWNER OF ALL RIGHTS, TITLE, AND INTEREST IN THE SERVICES. WE WILL NOT BE LIABLE IF FOR ANY REASON ALL OR ANY PART OF THE SERVICES ARE UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.

III. INTELLECTUAL PROPERTY

ALL CONTENT, FEATURES, AND FUNCTIONALITY AVAILABLE THROUGH OUR SERVICES, INCLUDING BUT NOT LIMITED TO DESIGN, ARTWORK, HYPERLINKS, TEXT, VIDEOS, CALENDARS, SOFTWARE, IMAGES, TECHNICAL DRAWINGS, LOGOS, BLOG POSTS, PODCASTS, AUDIO, IMAGES, ART, CODE, CONFIGURATIONS, GRAPHICS, OTHER FILES, AND THEIR SELECTION AND ARRANGEMENT (“MATERIALS”) ARE EITHER THE PROPRIETARY PROPERTY OF US, OUR AFFILIATES, OR LICENSORS AND ARE PROTECTED BY UNITED STATES AND INTERNATIONAL INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS LAWS. WE RESERVE ANY AND ALL RIGHTS TO THE MATERIALS. THE MATERIALS MAY NOT BE MODIFIED, COPIED, DISTRIBUTED, FRAMED, REPRODUCED, REPUBLISHED, DISPLAYED, POSTED, PRINTED, PHOTOGRAPHED, TRANSMITTED, OR SOLD IN ANY FORM OR BY ANY MEANS IN WHOLE OR IN PART WITHOUT OUR PRIOR WRITTEN PERMISSION, DO NOT ALTER SUCH MATERIALS, AND DO NOT FURTHER REPRODUCE, PUBLISH OR DISTRIBUTE SUCH MATERIALS. ANY OTHER USE OF THE MATERIALS IS STRICTLY PROHIBITED. YOU FURTHER AGREE THAT YOU WILL NOT SYSTEMATICALLY EXTRACT, COLLECT, OR HARVEST THROUGH ELECTRONIC MEANS OR OTHERWISE, ANY DATA OR DATA FIELDS FROM OUR SERVICES, INCLUDING BUT NOT LIMITED TO CUSTOMER IDENTITIES OR INFORMATION (AS DEFINED IN OUR PRIVACY POLICY).

ALL REGISTERED AND UNREGISTERED TRADEMARKS VISIBLE OR ACCESSIBLE THROUGH OUR SERVICES ARE TRADEMARKS OF THE COMPANY, OR LICENSORS AND MAY NOT BE COPIED, IMITATED, OR USED IN WHOLE OR IN PART WITHOUT THE PRIOR WRITTEN PERMISSION OF THE COMPANY, OR ITS OWNERS. ALL PAGE HEADERS, CUSTOMER GRAPHICS, BUTTON ICONS, AND SCRIPTS ARE SERVICE MARKS, TRADEMARKS, AND/OR TRADE DRESS OF OURS OR OUR AFFILIATES AND MAY NOT BE COPIED, IMITATED, OR USED IN WHOLE OR IN PART WITHOUT PRIOR WRITTEN PERMISSION OF US.

IV. PROHIBITED USES

IN ADDITION TO OTHER PROHIBITIONS AS SET FORTH IN THE TERMS & CONDITIONS, YOU ARE PROHIBITED FROM USING THE SERVICES OR ITS RELATED CONTENT: (A) FOR ANY UNLAWFUL OR FRAUDULENT PURPOSE, INCLUDING BUT NOT LIMITED TO, THE USE OF FRAUDULENT CREDIT CARD INFORMATION; (B) TO SOLICIT OTHERS TO PERFORM OR PARTICIPATE IN ANY UNLAWFUL OR PROHIBITED ACTS; (C) TO VIOLATE ANY INTERNATIONAL, FEDERAL, PROVINCIAL OR STATE REGULATIONS, RULES, LAWS, OR LOCAL ORDINANCES; (D) TO INFRINGE UPON OR VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS OR THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS OR DELETE THE COPYRIGHT OR OTHER PROPRIETARY RIGHTS NOTICE FROM ANY CONTENT; (E) TO HARASS, ABUSE, INSULT, HARM, DEFAME, SLANDER, ANNOY, DISPARAGE, INTIMIDATE, OR DISCRIMINATE BASED UPON GENDER, SEXUAL ORIENTATION, RELIGION, ETHNICITY, RACE, AGE, NATIONAL ORIGIN, OR DISABILITY; (F) TO SUBMIT FALSE OR MISLEADING INFORMATION OR OTHERWISE ATTEMPT TO MISLEAD OR IMPERSONATE ANOTHER; (G) TO UPLOAD OR TRANSMIT VIRUSES OR ANY OTHER TYPE OF MALICIOUS CODE THAT WILL OR MAY BE USED IN ANY WAY THAT WILL AFFECT THE FUNCTIONALITY OR OPERATION OF THE SERVICES OR OF ANY RELATED WEBSITE, OTHER WEBSITES, OR THE INTERNET; (H) TO COLLECT OR TRACK THE PERSONAL INFORMATION OF OTHERS; (I) TO SPAM, PHISH, PHARM, PRETEXT, SPIDER, CRAWL, OR SCRAPE; (J) FOR ANY OBSCENE OR IMMORAL PURPOSE; OR (K) TO INTERFERE WITH OR CIRCUMVENT THE SECURITY FEATURES OF THE SERVICES OR ANY RELATED WEBSITE, OTHER WEBSITES, OR THE INTERNET. WE RESERVE THE RIGHT TO TERMINATE YOUR USE OF THE SERVICES OR ANY RELATED WEBSITE FOR VIOLATING ANY OF THE PROHIBITED USES.

V. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE OUR SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL OUR SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH OUR SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

IN NO CASE SHALL G COMPANY, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF OUR SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY

 ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OUR SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

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 MIGHT HAVE ADDITIONAL RIGHTS.

VI. INDEMNIFICATION

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS G COMPANY AND OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS' FEES), ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF OUR SERVICES; (B) YOUR BREACH OR VIOLATION OF ANY OF THESE TERMS & CONDITIONS; (C) YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY; OR (D) YOUR VIOLATION OF ANY APPLICABLE LAW, RULE OR REGULATION. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL ASSIST AND COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

VII. SEVERABILITY

IF ANY PROVISION OF THESE TERMS & CONDITIONS IS DETERMINED TO BE UNLAWFUL, VOID, OR UNENFORCEABLE, SUCH PROVISION SHALL NEVERTHELESS BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE UNENFORCEABLE PORTION SHALL BE DEEMED TO BE SEVERED FROM THESE TERMS & CONDITIONS, SUCH DETERMINATION SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY OTHER REMAINING PROVISIONS.

VIII. ENTIRE AGREEMENT

THESE TERMS & CONDITIONS AND ANY POLICIES OR OPERATING RULES POSTED BY US ON OUR WEBSITE OR IN RESPECT TO OUR SERVICES CONSTITUTE THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN YOU AND US AND GOVERN YOUR USE OF OUR SERVICES, SUPERSEDING ANY PRIOR OR CONTEMPORANEOUS AGREEMENTS, COMMUNICATIONS AND PROPOSALS, WHETHER ORAL OR WRITTEN, BETWEEN YOU AND US (INCLUDING, BUT NOT LIMITED TO, ANY PRIOR VERSIONS OF THE TERMS & CONDITIONS). ANY AMBIGUITIES IN THE INTERPRETATION OF THESE TERMS & CONDITIONS SHALL NOT BE CONSTRUED AGAINST THE DRAFTING PARTY.

IX. GOVERNING LAW

THESE TERMS & CONDITIONS AND ANY SEPARATE AGREEMENTS WHEREBY WE PROVIDE YOU OUR SERVICES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK.

X. DISPUTE RESOLUTION

IN THE EVENT OF ANY DISPUTE, CLAIM, QUESTION, OR DISAGREEMENT ARISING FROM OR RELATING TO THE TERMS & CONDITIONS OR THE BREACH THEREOF, THE PARTIES HERETO SHALL USE THEIR BEST EFFORTS TO SETTLE THE DISPUTE, CLAIM, QUESTION, OR DISAGREEMENT. TO THIS EFFECT, THEY SHALL CONSULT AND NEGOTIATE WITH EACH OTHER IN GOOD FAITH AND, RECOGNIZING THEIR MUTUAL INTERESTS, ATTEMPT TO REACH A JUST AND EQUITABLE SOLUTION SATISFACTORY TO BOTH PARTIES. IF THEY DO NOT REACH SUCH SOLUTION WITHIN A PERIOD OF SIXTY (60) DAYS, THEN, UPON NOTICE BY EITHER PARTY TO THE OTHER, ALL DISPUTES, CLAIMS, QUESTIONS, OR DIFFERENCES SHALL BE FINALLY SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH THE PROVISIONS OF ITS COMMERCIAL ARBITRATION RULES. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE PLACE OF ARBITRATION SHALL BE NEW YORK, NY.

XI. CLASS ACTION WAIVER

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR CLAIM UNDER THESE TERMS & CONDITIONS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF OUR SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. IN NO EVENT SHALL ANY CLAIM, ACTION, OR PROCEEDING BY YOU RELATED IN ANY WAY TO OUR SERVICES BE INSTITUTED MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE.

XII. CHANGES TO TERMS & CONDITIONS

YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS & CONDITIONS AT ANY TIME AT THIS PAGE. WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO UPDATE, CHANGE OR REPLACE ANY PART OF THESE TERMS & CONDITIONS BY POSTING UPDATES AND CHANGES TO OUR WEBSITE. IT IS YOUR RESPONSIBILITY TO CHECK OUR WEBSITE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF OR ACCESS TO OUR WEBSITE OR THE SERVICES FOLLOWING THE POSTING OF ANY CHANGES TO THESE TERMS & CONDITIONS CONSTITUTES ACCEPTANCE OF THOSE CHANGES.

XIII. CONTACT INFORMATION

QUESTIONS ABOUT THE TERMS & CONDITIONS SHOULD BE SENT TO US VIA THE CONTACT FORM ON OUR WEBSITE.