Terms of Use

1. Acceptance of these Terms

By accessing or using the Site, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Site. Purchases made through our online store are also governed by our Terms of Sale.

2. Eligibility

The Site is intended for users located anywhere in the world, who are at least 18 years old, or the age of majority where they live. By using the Site, you represent that you meet these requirements. The Site is not directed to children under 13, and we do not knowingly collect personal information from them.

3. Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above and, for material changes, provide notice on the Site or by email. Changes take effect when posted, except that changes to Section 17 will not apply to any dispute of which we had notice before the change. Your continued use of the Site after changes are posted means you accept the updated Terms.

4. Your account

Some features, such as order history or saved addresses, may require an account. You agree to provide accurate information, keep your password confidential, and notify us promptly at info@garlyfoods.com of any unauthorized use. You are responsible for all activity under your account. We may suspend or close accounts that violate these Terms.

5. License to use the Site

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use. You may print or download a reasonable number of pages or recipes for personal use, provided you keep all copyright and other notices intact

6. Prohibited uses

You agree not to:

• • Use the Site for any unlawful purpose or in violation of these Terms;
• • Copy, reproduce, modify, distribute, sell or create derivative works from any part of the Site except as expressly allowed;
• • Use any robot, spider, scraper, data-mining tool or other automated means to access the Site or collect content, including for training artificial intelligence or machine-learning models, without our prior written consent;
• • Interfere with or disrupt the Site, its servers or networks, or attempt to gain unauthorized access to any part of the Site;
• • Upload viruses, malware or other harmful code;
• • Impersonate any person or misrepresent your affiliation with any person or entity;
• • Post content that is false, misleading, defamatory, obscene, hateful, harassing, or that infringes anyone’s rights;
• • Use the Site to send unsolicited advertising or spam; or
• • Purchase products for resale without our written authorization.

7. Intellectual property

The Site and all of its content including text, graphics, logos, photographs, videos, recipes, product names, label and packaging designs, software and the selection and arrangement of all of the above are owned by or licensed to GFI and are protected by copyright, trademark and other laws. GARLY’S and related names, logos and designs are trademarks of Garly Foods, Inc. Nothing on the Site grants you any right to use our trademarks without our prior written permission. All rights not expressly granted are reserved.

8. Content you submit

The Site may let you post or send reviews, ratings, recipes, photos, comments and other material (“User Content”). You keep ownership of your User Content. By submitting it, you grant GFI a worldwide, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, reproduce, modify, adapt, publish, translate, display, distribute and create derivative works from your User Content, in any media now known or later developed, including in advertising and on our social media and packaging, with or without attribution. You also allow us to use the name you submit with your User Content.

You represent that (a) you own or have the necessary rights to your User Content, (b) it is truthful and reflects your honest experience, (c) it does not violate any law or anyone’s rights, and (d) any person shown in a photo or video has consented to its use. If you received a free product, discount, or other benefit in connection with a review, you must clearly disclose it. We may, but are not required to, monitor, edit or remove User Content. We do not suppress honest negative reviews.

9. Unsolicited ideas

We welcome your feedback about our products and the Site. However, we do not accept unsolicited ideas, suggestions, recipes intended for commercial use, product concepts or other creative materials (“Ideas”) other than those we specifically request. If you send us Ideas anyway, you agree that they are not confidential, that we may use them for any purpose without compensation or attribution, and that you will not make any claim against us relating to them.

10. Promotions, contests and sweepstakes

From time to time we may offer sweepstakes, contests, coupons, giveaways or other promotions (“Promotions”). Each Promotion is governed by its own official rules or offer terms, which will be posted with it. If those rules conflict with these Terms, the official rules control for that Promotion. Promotions are void where prohibited or restricted by law. Coupons and promo codes have no cash value, may not be sold or transferred, and may be subject to additional restrictions stated in the offer.

11. Product information, allergens and recipes

We try to display our products, ingredients and nutrition information accurately. However, recipes and formulas may change, and the information printed on the product package you purchase is the most current and accurate. Always read the product label, including the ingredient list and allergen statement, before consuming any product. If you have a food allergy or sensitivity, or questions about a product, contact us before purchase.

Our dips are perishable, refrigerated foods. Keep them refrigerated at 40°F (4°C) or below and follow the “use by” date and the storage instructions on the package.

Content on the Site, including information about garlic, turmeric, ginger or other ingredients, is provided for general information only. It is not medical, nutritional or health advice, and our products are not intended to diagnose, treat, cure or prevent any disease. Consult a qualified professional with any health questions.

Recipes and serving suggestions are provided for your enjoyment. You are responsible for safe food handling, cooking temperatures, the suitability of ingredients for you and your guests, and your use of kitchen equipment.

12. Third-Party links and services

The Site may contain links to third-party websites, retailers, social media platforms or services that we do not control. We are not responsible for their content, products, availability or privacy practices, and a link does not mean we endorse them. Your use of third-party sites is at your own risk and subject to their terms.

13. Copyright complaints (DMCA)

We respect intellectual property rights. If you believe material on the Site infringes your copyright, send a written notice to our designated copyright agent that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work; (c) identification of the allegedly infringing material and where it is located on the Site; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law; and (f) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.]

Copyright Agent: K. Abourrousse, Garly Foods, Inc., 1330 Old Spanish Trail, Houston, TX 77054 info@garlyfoods.com

We may remove infringing material and terminate the accounts of repeat infringers.

14. Disclaimer of warranties

THE SITE AND ALL CONTENT ARE PROVIDED “AS-IS” AND “AS-AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, GFI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND ITS CONTENT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. Warranties that apply to products you buy from us are described in our Terms of Sale. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

15. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, GFI AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, MANUFACTURERS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD, OR UNDER APPLICABLE PRODUCT LIABILITY LAWS.

16. Indemnification

You agree to defend, indemnify and hold harmless GFI and its officers, directors, shareholders, employees and agents from any claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of your User Content, your misuse of the Site, or your violation of these Terms or of any law or third-party right.]

17. Dispute resolution; binding arbitration; class action waiver

Informal resolution first. Informal resolution first. Before starting arbitration or a lawsuit, you and GFI agree to try to resolve any dispute informally for at least 60 days. The party raising a dispute must send a written notice describing it and the relief requested — to us at info@garlyfoods.com, 1330 Old Spanish Trail, Houston, TX 77054, or to you at the contact details we have on file.

Agreement to arbitrate. If the dispute is not resolved informally, you and GFI agree that any dispute, claim or controversy arising out of or relating to these Terms, the Site, the Terms of Sale, any product purchased from us, or any Promotion (a “Dispute”) will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, rather than in court. The Federal Arbitration Act governs this Section. The arbitrator, not a court, decides questions of arbitrability, except that a court decides disputes about the class action waiver below. The arbitration will take place in the county where you live or by video conference, unless both parties agree otherwise. Fees are allocated as set out in the AAA Consumer Arbitration Rules.

Exceptions. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive relief in court to protect its intellectual property rights.

Class action waiver. . YOU AND GFI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may award relief only on an individual basis. If this class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and heard in court, and the rest of this Section will remain in effect.

Right to opt out. [Paste the corresponding paragraph here.]You may opt out of this agreement to arbitrate by sending written notice to info@garlyfoods.com within 30 days after you first accept these Terms. Your notice must include your name, mailing address, email address, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other part of these Terms.

Jury trial waiver. If a Dispute proceeds in court rather than arbitration, you and GFI each waive the right to a jury trial to the fullest extent permitted by law.

18. Governing law and venue

These Terms and any Dispute are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules, and, where applicable, the Federal Arbitration Act. Subject to Section 17, any court action must be brought exclusively in the state or federal courts located in Travis County, Texas, and you and GFI consent to their personal jurisdiction. This Section does not deprive you of the protection of any mandatory consumer law of the state where you live.

19. Termination

We may suspend or terminate your access to the Site at any time, without notice, if we believe you have violated these Terms or for any other lawful reason. Sections 7 through 9 and 14 through 20 survive termination.

20. General

These Terms, together with the Privacy Policy, Terms of Sale and any Promotion rules, are the entire agreement between you and GFI about the Site. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. Headings are for convenience only.

21. Contact us

Garly Foods, Inc., 1330 Old Spanish Trail, Houston, TX 77054 . info@garlyfoods.com · +1 (657) 272- 3328.