DataCenterGalaxy.com Legal Disclaimer

Informational Purposes Only

The content of the DataCenterGalaxy.com web site is provided for information purposes only. DataCenterGalaxy.com makes no claim as to the accuracy or authenticity of this content. Furthermore, DataCenterGalaxy.com does not accept liability to any person for the information or advice provided on this web site or incorporated into it by reference. DataCenterGalaxy.com does not accept any liability for loss or damage incurred as a result of reliance placed upon the content of this web site. This information is provided on the basis that all persons accessing this site undertake responsibility for assessing the relevance and accuracy of its content.

Content Provided “As Is”

DataCenterGalaxy.com makes no representations about the suitability of the information for any purpose. All information is provided “as is” without warranty of any kind. DataCenterGalaxy.com and/or its respective publishers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, timeliness, completeness, accuracy, and non-infringement. In no event shall DataCenterGalaxy.com and/or its respective publishers be liable for any special, indirect or consequential damage or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use of the information. DataCenterGalaxy.com does not accept responsibility for other organizations, businesses, and private persons that may provide information on this web site.

Third Party Sites

Any links on this Web site may let you leave the DataCenterGalaxy.com web site. The linked sites are not under the control of DataCenterGalaxy.com and DataCenterGalaxy.com is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. DataCenterGalaxy.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DataCenterGalaxy.com of the linked site. DataCenterGalaxy.com is not responsible and assumes no legal liability for the accuracy of the contents or any other aspect of any external web site to which a link or other reference has been provided within this web site.

Intellectual Property

All brand, product, service, and process names appearing on this web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by DataCenterGalaxy.com. Nothing contained herein shall be construed as conferring by implication, estoppels, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of DataCenterGalaxy.com or any third party, except as expressly granted herein.

Content Removal

DataCenterGalaxy.com and Data Center Galaxy LLC reserve the right, at their sole discretion, to refuse, remove, modify or otherwise limit any and all content that is deemed objectionable, obscene, inappropriate, racist, discriminatory, or otherwise violates company policies or as required by local, state, or federal law.

Data Center Galaxy Property

DataCenterGalaxy.com Web site and all the information it contains, or may in the future contain, including, but not limited to, classified ads, articles, memoranda, bulletins, reports, press releases, opinions, text, directories, guides, photographs, illustrations, trademarks, trade names, service marks and logos (collectively, the “Content”), is the property of DataCenterGalaxy.com and is protected from unauthorized copying and dissemination by U.S. Copyright law, trademark law, international conventions, and other intellectual property laws. Certain of the trademarks and logos displayed on the site are owned by third parties. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this site or any content displayed on this site, through the use of framing or otherwise, without the prior written permission of the owner(s) or operator(s) of DataCenterGalaxy.com or such third party that may own the trademark or copyright of material displayed on this site.

Prohibited Activities

The following Web link activities are explicitly prohibited by DataCenterGalaxy.com and may present trademark and copyright infringement issues:

  1. Links that involve unauthorized use of our logo
  2. Framing, inline links or metatags
  3. Hyperlinks or a form of link that disguises the URL and bypasses the homepage
Usage of DataCenterGalaxy.com in accordance with COPPA (The Children's Online Protection Policy Act)

DataCenterGalaxy.com cannot prohibit minors from visiting the web site. DataCenterGalaxy.com use must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to contribute, view and participate in.  DataCenterGalaxy.com understands the importance of protecting children’s privacy, especially in an online environment. Our sites are not intentionally designed for or directed at children under the age of 13 years. It is our policy never to knowingly collect or maintain information about anyone under the age of 13.

General Legal Terms

Our service is provided “as is.”

We will try very hard to make your experience with DataCenterGalaxy.com a pleasurable one; however, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data or other service interruptions. These terms are also noted in our Maintenance and Downtime Policy. For this reason, You agree that DataCenterGalaxy.com’s services are provided “as is.” We cannot assume responsibility for the timeliness, deletion, mis-delivery, or failure to store any Member data, communications, or personalization settings. WE AND OUR SUPPLIERS PROVIDE THE DataCenterGalaxy.com WEBSITE AND OUR SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights which vary from state to state.

Suspension/Termination.

We may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your membership, any of your current classifieds, and any other information You place on the site if You breach this Agreement or if we are unable to verify or authenticate any information You provide to us. Without limiting any other remedies, DataCenterGalaxy.com may suspend or terminate your account if You are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.

Limit of liability.

IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to You.

General compliance with laws.

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your negotiations, classified ad, purchase, and sale of items and services.

No agency.

You and DataCenterGalaxy.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices.

Except as explicitly stated otherwise, any notices shall be given by email to the email address You provide to DataCenterGalaxy.com during the sign-up process, or such other address as the party shall specify. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.

Arbitration.

Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Lincoln or Omaha, Nebraska, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either You or DataCenterGalaxy.com may seek any interim or preliminary relief from a court of competent jurisdiction in Nebraska necessary to protect the rights or property of You or DataCenterGalaxy.com pending the completion of arbitration.

General.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

Indemnification

You agree to defend, indemnify and hold harmless DataCenterGalaxy.com and/or Data Center Galaxy, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the site, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation of Liability

In no event shall DataCenterGalaxy.com or Data Center Galaxy, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Governing Law and Jurisdiction

This Web site is controlled by DataCenterGalaxy.com from its offices in Lincoln, Nebraska, United States of America. All matters relating to your access to, or use of, this Web site shall be governed by U.S. federal law or the laws of the State of Nebraska. Any legal action or proceeding relating to your access to, or use of, this Web site shall be instituted in a state or federal court in Omaha or Lincoln, Nebraska. You and DataCenterGalaxy.com agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. You may not access, download, use or export the information, software, products or services contained on this Web site in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations.

DataCenterGalaxy.com Terms and Conditions and Member Agreement

This document describes the terms and conditions on which DataCenterGalaxy.com offers a Member (“You”) access to our services. If You have a question about these terms or our service that is not addressed in our please email Customer Service at CS@DataCenterGalaxy.com

PLEASE READ THIS AGREEMENT CAREFULLY.
BY ACCEPTING THIS AGREEMENT, YOU ACCEPT THESE TERMS AND CONDITIONS.

This agreement was revised on October 12, 2020.

Acceptance of Terms

By completing the sign-up process and clicking on the button indicating that You have read the Member Agreement, You agree to these terms. DataCenterGalaxy.com may amend these terms from time to time. We will notify You of any material updates to these terms via email or our web site. If You do not agree to the changes, You may simply discontinue Your membership. Your continued use of our service will signify your acceptance of the updated terms.

DataCenterGalaxy.com is Only a Venue

DataCenterGalaxy.com acts as an online classified ad placement service for Members to locate companies to buy from, sell to, and negotiate the exchange of goods and services. We do not own or handle any of the goods and services listed on the site. As a result, We cannot verify or endorse the quality, safety, or legality of the items listed, or the truth or accuracy of the classified ads.

Information

Your information includes any information You provide to us or other members during the registration, or posting process, in any public message area or through any email feature, including all text descriptions and/or photographs, digital images, or renderings of Your items and services. With respect to Your information:

  • Responsibility. You are solely responsible for your information, and We act as a passive conduit for Your online distribution and publication. We may, however, take any action with respect to such information We deem necessary or appropriate at our sole discretion if We believe it may create liability for us or may cause us to lose (in whole or in part) the services of our advertiser, suppliers, or customer patronage. 
  • Content. You agree that Your Information and the items and services You list on DataCenterGalaxy.com:
    • will not be fraudulent or involve the sale of counterfeit or stolen items;
    • will not infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
    • will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
    • will not be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing;
    • will not be obscene or contain child pornography;
    • will not contain any viruses, Trojan horses, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
    • will not link directly or indirectly to or include descriptions of goods or services that (i) are prohibited under this Agreement or (ii) You do not have a right to link to or include;
    • are in accordance with DataCenterGalaxy.com’s Ad Placement Guidelines
  • Fees. Unless otherwise stated, all monetary values are quoted in U.S. Dollars. You are responsible for paying all applicable taxes and duties and for all hardware, software, service, and other costs You incur to trade, procure a classified ad from us, or access our servers. We reserve the right to change or discontinue, temporarily or permanently, some or all of our services at any time without notice;
  • License. You agree to grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) You have in Your Information, in any media now known or not currently known, for the purpose of offering our services;
  • Privacy. DataCenterGalaxy.com will only use Your Information in accordance with our Privacy Policy
The Online Classified Ad Placement System

You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the DataCenterGalaxy.com site or any transaction being conducted on our site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your Password to any third parties or use your Password for any unauthorized purpose.

Maintenance & Downtime

From time to time, DataCenterGalaxy.com will conduct scheduled maintenance. As a result, you may experience temporary downtime that may prevent you from being able to use our site and/or some of our services on DataCenterGalaxy.com. Occasionally, these delays are necessary in order for us to update our database and improve our services. We will do our best to keep these periods brief, providing advance notice whenever possible.

Privacy Policy

Personally identifiable information you provide DataCenterGalaxy.com when you sign up will not be sold or given to outside sources without your permission. DataCenterGalaxy.com uses the information we collect in order to provide you with personalized services and information.

Sign-up Information

In order to place an item(s) and service(s) on DataCenterGalaxy.com, you must become a DataCenterGalaxy.com member. The member registration process requires that you provide your full name, street address, email address, and other identifying information.

Purchases

If you wish to purchase any product or service made available through DataCenterGalaxy.com (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. The service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. Your purchase will include the total price of the product plus any applicable Nebraska sales tax.  

International customers will be responsible for paying any customs duties and import taxes associated with their purchase.  

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Credit Cards

Members’ credit cards will only be charged when placing your ad. You will be asked to enter a credit card for billing convenience. Data Center Galaxy uses PayPal for all ad payments, billing and transaction information, credit card information. Entering your credit card information on PayPal through DataCenterGalaxy.com is safe; we use industry-standard SSL-encryption to protect sensitive data transmissions. Your credit card information is not kept on our server after the transaction.

Descriptions & Photos

In an effort to facilitate a trusting buying and selling community, we provide you with the option to submit pictures and/or a description of your item or service. When you place your classified ad on DataCenterGalaxy.com, the ad description and pictures are displayed on the site and accessible to visitors on DataCenterGalaxy.com. We will not post inappropriate or offensive photos, so please do not upload them. Classifieds and photos are subject to approval and must meet the Ad Placement Guidelines.

Member Accounts

When you register as a member of DataCenterGalaxy.com, you must choose a username and password that is unique to you. When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our site or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. You agree to notify DataCenterGalaxy.com of any unauthorized use of your username and password or any other breach of security.

We may terminate or suspend your account and bar access to DataCenterGalaxy.com immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Content

DataCenterGalaxy.com allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the website, including its legality, reliability, and appropriateness. By posting Content on or through the DataCenterGalaxy.com, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright. You retain any and all of your rights to any Content you submit, post or display on or through the site and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the site you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the site. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. DataCenterGalaxy.com has the right but not the obligation to monitor and edit all Content provided by users. 

Our Use of Cookies

DataCenterGalaxy.com uses cookies to provide you access to protected pages without requesting a login each time. Cookies are small files that are placed on your computer when you visit our site. Our web site will reference and update the cookie each time you visit DataCenterGalaxy.com. We use cookies to deliver content specific to you. We accomplish this by storing information that uniquely identifies you in a cookie.

Security

This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. All member data and activity is stored separately and is not directly accessible through a web browser. We use industry standard procedures and processes to safeguard the confidentiality of your identifiable personal information, such as firewalls, encryption, token authentication, monitoring technology, and adaptive analysis of network traffic to track abuse of our network and its data. Unfortunately, when you submit information about yourself to DataCenterGalaxy.com over the Internet, the information may travel over many systems that are not under the control of DataCenterGalaxy.com. The Internet is not 100% secure and others might intercept the information that you are sending. Remember that your account is accessible only through the use of your Password.

 

Who will have access to my personal information?

Our priority is to keep your personal information private and confidential. DataCenterGalaxy.com will not willfully rent, or sell your personal information to third parties. However, certain personal information will be available to others in the process of using DataCenterGalaxy.com. For example, you may have your home phone number in your classified ad. Such information you submit in the public portion of your classified ad is not covered under our Privacy Policy. Public information is publicly readable by all parties, is likely to be harvested and may appear in other web sites, search engines or used for other purposes.

If you provide personal information to a prospective buyer, DataCenterGalaxy.com has no control over how that information might be used by that individual.

DataCenterGalaxy.com may choose to disclose your personally identifiable information to others under the following circumstances:

  • You consent to share your information.
  • In response to a criminal investigation, subpoena, court order or legal process.
  • Your actions on DataCenterGalaxy.com appear to be in violation of our policies (including, but not limited to, our Ad Placement Guidelines, User Agreement, and Fees and Payments policies).
  • You place a classified ad which we believe, in our sole discretion, may create a liability for DataCenterGalaxy.com. 

Nothing in this policy shall limit, prohibit, or otherwise deny the ability of DataCenterGalaxy.com to (1) transfer, assign, or sell our assets to a third party without limitation, or (2) dispose of our assets in any manner, through bankruptcy or similar proceeding. In addition, DataCenterGalaxy.com makes no warranties or claims regarding the accuracy or completeness of the information we collect and disclose through our site, and disclaims any liability regarding its use.

Ad Placement Policies & Price Schedule

Free and Paid Ads

Ads may not include any content that is obscene, harmful to minors, an invasion of privacy, offensive, or otherwise illegal or inappropriate.  You may not use the DataCenterGalaxy.com services for fraudulent activities.  You may not use automated routines to gather information from DataCenterGalaxy.com or any action that is repetitive which would degrade the site’s performance.  You may not place ads or images on site or in print that promote racism, sexism, intolerance, hatred, violence, or are obscene in nature.  You may not state a discriminatory preference based on race, color, religion, sex, handicap or disability, familial status, national origin, (and in certain states on the basis of marital status, source of income, age or sexual orientation), or an intention to make any such preference, limitation or discrimination, in any advertisement concerning the sale or rental of a dwelling.

DataCenterGalaxy.com reserves the right to terminate any classified ad, picture, or membership without notice if it is believed that the ad or member does not comply with our User Agreement or Ad Placement Policies

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.