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TERMS AND CONDITIONS

Last Updated: March 2024 

These Terms and Conditions (“TOC”) apply to your access and use of https://www.atsgalaxy.com/ (the “Website”), all other websites, subpages, mobile sites, services, applications, platforms, and other tools where the TOC appear or are otherwise referenced, or for which no separate terms as well as your visits to or interaction with us in stores or elsewhere (collectively, the “Platform”). Your use of the Platform constitutes your agreement to follow the TOC, including our Privacy Policy, and to be bound by them. If you do not accept the TOC and Privacy Policy, then please do not use the Platform. 

The Company 

The Website and Platform are operated by Infinite Star Industries, LLC, a California limited liability company located at 1561 Cota Avenue, Long Beach, California 90813 (“Infinite Star”, “Company,” or “We”). If you have any questions about the TOC, Platform, Website, or Privacy Policy, you may contact us via the “Contact Us” information provided on the Website and/or Platform. 

Privacy Policy 

We collect certain data about you and from your use of the Website and Platform as described in our Privacy Policy, which is incorporated into these Terms of Use and describes our data collection, use, and sharing practices.

Permitted Users 

This Website is intended to be used and accessed only by persons who are 21 years or older. You agree and represent that by using the Website and Platform, you are at least 21 years old, and you are legally able to agree to the TOC. Use of the Website by persons under 21 is strictly prohibited. 

Modifications 

We expressly reserve the right to update or modify the TOC and Privacy Policy at any time, with or without explicit notice to you. Please carefully review the “LAST UPDATED” notice depicted at the top of the TOC and Privacy Policy when visiting and using the Website and Platform. You confirm your acceptance of any modifications or updates to our TOC and Privacy Policy by continuing to use the Website and Platform.

Communications 

The TOC and any other documentation, agreements, notices, or communications between you and Infinite Star may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

Your Account 

You may be required to register with the Company to access certain services or areas of the Website and Platform. Our Privacy Policy explains how we protect and use your information. If you create an account, your username and password are for your personal use only and you are responsible for maintaining the confidentiality of your account information (including your password) and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available, We reserve the right, in our sole discretion, to terminate your account, refuse service to you, or cancel orders.

Intellectual Property 

The Website and Platform, including all of the information and contents, including, but not limited to copyrights, trademarks (whether registered or unregistered), trade dress, logos, slogans, names of products or services, photographs, images, text, data, wallpapers, icons, characters, artwork, graphics, page layout, form, music, sound, messages, software and the code used to generate the pages on the Website and Platform (collectively, the "Intellectual Property"), is the property of Infinite Star or its authorized suppliers,  licensors, or licensees, and is protected by copyright, trademark, and other intellectual property laws in the United States and abroad. Any unauthorized use of any copyrights, trademarks, trade dress, or any other Intellectual Property belonging to Infinite Star or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Website and Platform may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. You may not use any metatags or any other “hidden text” utilizing any of our names, trademarks, trade dress, or other Intellectual Property without Infinite Star’s express written consent. 

Permitted Use 

We grant you a personal, limited, non-exclusive, non-transferable license to access and make personal use of the Website, Platform, and Intellectual Property and other information contained on the Website and Platform. This license does not include any resale or commercial use of the Website and Platform; any collection and commercial use of any photographs or other Intellectual Property published on the Website; any non-personal use of the Company’s product names, listings, descriptions, or prices; any derivative use of the Website; any downloading, copying, or other use of the Website or the Intellectual Property for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. You may use the Website and Platform only as permitted by law. All rights not expressly granted to you in the TOC are reserved and retained by the Company and/or our suppliers, licensors, and licensees. The licenses granted by the Company to you automatically terminate if you do not comply with the TOC and/or Privacy Policy.

You are responsible for your use of the Website and Platform, and for any use of the Website and Platform made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, the Company prohibits certain kinds of conduct that may be harmful to other users or the Company. When you use the Website and Platform, you may not:

  • violate any law or regulation;

  • violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;

  • post or share anything that is abusive, harassing, hateful, racist, sexist, or otherwise objectionable;

  • engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Website or other applications;

  • transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;

  • use any means to scrape or crawl any pages contained in the Website;

  • attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Website;

  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Website; or

  • advocate, encourage, or assist any third party in doing any of the foregoing.

 

Hyperlinks

To the extent the Website contains hyperlinks to outside services and resources, the availability and content of which Infinite Star does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.

Product Pricing

The prices displayed on the Website may differ from prices that are available in stores or catalogs, and our pricing may differ from store to store. If you have any questions regarding product pricing, please contact us or reach out to one of our many sales associates. 

No Warranties 

INFINITE STAR DOES NOT PROMISE THAT THIS WEBSITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. To the maximum extent permitted by applicable law, Infinite Star expressly disclaims all warranties of any kind with respect to the Website, including without limitation those regarding availability, quality, accuracy, merchantability, fitness for any use or purpose, compatibility with any standards or user requirements, title, non-infringement, and any arising from a course of dealing or usage in trade. Infinite Star has no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communication. We make no representation that the Website is appropriate or available for use in locations other than the United States. If you choose to access or use the Website from locations other than the United States, you do so at your own risk and you are responsible for complying with applicable laws and regulations.

Your use of the Website is at your own risk and you, alone, are responsible for any damage to your computer hardware, software, systems, and networks, any loss of data that results from the download of any data from the Website, and any other damage that may be incurred.

No advice or information, oral or written, obtained by you from Infinite Star or in any manner from the Website creates any warranty. 

Limitations of Liability 

To the maximum extent permitted by applicable law, in no event shall Infinite Star, its parents, affiliates, subsidiaries and services providers, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive, or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other Websites from, this Website. You acknowledge by your use of the Website, that your use of the Website is at your sole risk. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you.

Indemnification 

You shall indemnify, defend, and hold harmless Infinite Star from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with your: (1) access to or use of the Website, (2) misuse of any material, data, or other data downloaded or otherwise obtained from the Website, or (3) breach of the TOC or Privacy Policy. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.

Compliance with Laws 

In connection with your access to and use of the Website, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable rules regarding online conduct.

Disputes; Governing Law

The TOC is governed by the laws of the state of California, without regard for its conflict of law principles. The exclusive jurisdiction and venue of any action, dispute, or claim arising under the TOC or Privacy Policy shall be the United States District Court of the Central District of California and you explicitly submit yourself to the jurisdiction of such court unless otherwise determined by Infinite Star at its sole discretion. Any cause of action or other claim concerning the Website or Platform must be commenced within one year after the cause of action or claim arises. The United Nations Convention for the International Sale of Goods does not apply.

Arbitration Agreement; Waiver of Jury Trial 

Please read the following paragraphs carefully because they require you to arbitrate disputes with Infinite Star and limit how you can seek relief from Infinite Star. 

Applicability of Arbitration Agreement 

Any dispute, claim, action, or controversy arising out of or relating to the TOC or Privacy Policy or the breach, termination, enforcement, interpretation or validity hereof, including the determination of the scope or applicability of the TOC to arbitrate (hereinafter, collectively, the “Dispute”), which cannot be resolved informally, shall be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”). Notwithstanding the foregoing, in the event of any actual, alleged or threatened violation of confidentiality or violation of Infinite Star’s Intellectual Property or other proprietary rights, Infinite Star may immediately resort to court proceedings in a court of competent jurisdiction as set forth above in order to seek immediate injunctive relief without the posting of a bond, proof of damages or other similar requirements. The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.

This Arbitration Agreement applies to you and Infinite Star, and to any of our subsidiaries, affiliates, agents, employees, predecessors in interest, successors in interest, and assigns, as well as all authorized or unauthorized users or beneficiaries of the Website provided under the TOC. If this arbitration provision is found unenforceable or to not apply to a given dispute, then the proceeding must be brought exclusively in the United States District Court of the Central District of California. You hereby accept the exclusive jurisdiction of such court for this purpose.

The arbitration proceeding will be administered by the American Arbitration Association (“AAA”) before an arbitrator selected according to the AAA rules. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties shall share equally in the costs assessed for the arbitration, and each party shall bear its own attorneys’ fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. The parties understand that they would have had a right or opportunity to litigate disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they instead choose and agree to have all disputes as set forth herein decided through individual arbitration.

The place of arbitration shall be in Long Beach, California unless otherwise agreed to in writing by all parties to the arbitration. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. Sections 1–16, shall govern the interpretation, enforcement and proceedings pursuant to this Arbitration Agreement. The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.

Survival; Time Limitations 

This Arbitration Agreement provision will survive the termination of the TOC. The parties agree that they must initiate arbitration within one (1) year after any Dispute arose; otherwise, the Dispute is permanently barred.

BY AGREEING TO THE TOC, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED IN THIS SECTION).

Class Action Waiver

Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative, or private attorney general legal action.

Your access and continued use of the Website and Platform signifies your explicit consent to this waiver.

We may assign our rights and delegate our duties under the TOC at any time to any party without notice to you. You may not assign your rights or delegate your duties under the TOC without our prior written consent.

Miscellaneous  

The TOC does not confer any rights, remedies, or benefits upon any person other than you and Infinite Star, except that our subsidiaries and affiliates are third-party beneficiaries of the TOC. 

The TOC, including our Privacy Policy, constitutes the entire agreement between you and Infinite Star concerning your access to and use of the Website and Platform. 

Infinite Star’s failure to enforce any provision of the TOC will not constitute a waiver of that provision or any other provision. Any waiver of any provision of the TOC will be effective only if in writing and signed by Infinite Star. 

If any provision of the TOC is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. 

The headings in the TOC are for convenience only and do not affect the interpretation of the TOC. The TOC inures to the benefit of Infinite Star’s successors and assigns.

Any provisions of the TOC that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of the TOC or of your access to or use of the Website and Platform. 

Termination 

At its sole discretion, Infinite Star may modify or discontinue the Website and Platform or may modify or terminate your account or your access to this Website and Platform, for any reason, with or without liability to you or any third party. 

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