TERMS OF SERVICE
GEMINI BUILDS IT
Last Modified On: January 23, 2017
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or similar technological devices or programs, that access the Website in a manner that sends more request messages to the Company servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser.
You agree not to collect or use any personally identifiable information (“Personal Information“) including, without limitation, account names, email addresses, contact information, credit card information or any other content contributed by a user of the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.
As part of the services we provide, you may receive emails or other types of notifications directly sent to you from the Website (the “Subscriber Emails”). Subscriber Emails will update you on incoming Products, industry news, promotions, discounts, and third party offers. You have control over Subscriber Email settings, and can opt in or out of Subscriber Emails through the Website. We have no intention of ever spamming you with unwanted messages or emails, and, as noted above, you are not required to provide this consent as a condition to using the Website and may opt out of Subscriber Emails.
Company’s and Marks
The content created by the Website including, but not limited to, the text, features, logos, graphics, designs, videos, and photos created by Company and for the Website (the “Company Content“) and the trademarks, service marks, and logos contained therein (the “Marks“), are owned by or licensed to Company, subject to copyright, and other intellectual property rights under United States, and foreign laws, and international conventions. Company Content, and Marks on the Website are provided to you AS IS for your information, and personal use only, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Company or as expressly provided herein. Company reserves all rights not expressly granted in and to the Website and the Company Content and Marks contained therein.
Rules of Conduct
The following rules of conduct apply to your use of the Website:
You may not, in connection with the Website:
- Upload, post, email or otherwise transmit any viruses or other computer code that may interrupt, destroy, limit the functionality of the Website, or interfere with the access of any user to the Website;
- send to any third party any unsolicited communication or message, including without limitation through posts, messages or email, in connection with or related in any way to the Website;
- infringe or violate any patent, copyright, trademark, trade secret or other property right;
- breach a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- conduct actions that a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
- conduct any violation of any person’s privacy or publicity rights, misrepresentation of facts, or hate speech;
- violate or encourage others to violate any applicable law, statute, ordinance or regulation; or
- promote software or services that deliver unsolicited e-mail or that contain viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines; and
- conduct any activity in regards to the Services of the Website that would violate state or federal laws or regulations.
You may not, except with Company’s express advance authorization, use the Website to:
- harm minors in any way;
- solicit personal information from anyone under 18;
- provide false or deceptive information;
- delete, add or otherwise change user information and/or the Company Content when you have not been granted the privileges to do so; or
If you place an order for Products on the Website, you will receive an email that confirms the order has been received, lists any Products that are out of stock, and provides an estimated delivery date. By placing an order on the Website, you are authorizing Company to delivery the Products on your behalf to the selected designation. Certain delivery services will be available at your option depending on the ordered Products. Such delivery services include: Company’s carrier service, UPS, Federal Express or Spee-Dee Delivery. Delivery charges may vary depending upon the size, weight, material, and distance of the Products being shipped. Company will use its best efforts to notify you of any delivery delays as a result of weather conditions. Each delivery service may operate under its own terms and conditions. We urge you to review such terms and conditions prior to ordering the Products.
If you receive a damaged Product that you wish to return you must notify the Company of the damaged Product within five (5) days of your receipt of the Product. Company may then authorize the return, in Company’s sole discretion, by providing you with an authorization number. Upon receiving the authorization number, you then may return the damaged Product for a credit or receive a replacement Product. The replacement Product shall be delivered by the same delivery service as the original order. If you choose to use a different delivery service than the original order, you will be required to pay the difference between the delivery services. Product returns that are not damaged are subject to a restocking charge of up to fifty percent (50%) of the original purchase price.
Modifications to the Website
Company reserves the right at any time, and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
You may close your Account by submitting a written request to Company at email@example.com. Upon closure, suspension, cancellation and/or termination of the Website for any reason whatsoever, you shall immediately discontinue your access to and cease all use of the Website and shall remit payment to Company for any and all unpaid purchases or fees up to and including the date of such closure, suspension, cancellation and/or termination, and any rights granted to you herein shall immediately and automatically (without further action by you or us) terminate.
Accessing the Services
The Website is designed to be accessible on multiple types of devices and operating systems. Company makes no representation or warranty of any kind whatsoever that the Website services will be compatible with your devices, communication services, or any specific operating system version of your device, or any other hardware, software, equipment or device installed on or used in connection with your device.
Limitation of Liability
IN NO EVENT SHALL COMPANY, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF COMPANY, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR USER INFORMATION OR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Company from its facilities in the United States of America. Company makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.