GemCrowd.com
General Terms of Use
Last Updated October 1, 2020
PLEASE READ THESE TERMS OF USE CAREFULLY.
These are the Terms of Use (the “Terms”) for accessing and using the websites, platform, software, content, products, applications (mobile or otherwise), social media accounts, forums, or other services (collectively, the “Site”) provided by GemCrowd.com, Inc. and its affiliated companies (hereinafter “GemCrowd,” “Company,” “We,” or “Us”).
By accessing our Site, you agree to be bound by these Terms. If you do not agree to these Terms, then you should not use our Site or any of our services. You may also be bound to other agreements, such as our Privacy Policy, Transactional Services Agreement, Vendor Listing Rules, and any other agreements, rules, policies, or terms that we may publish and implement from time to time (collectively, “Other Policies”). Those Other Policies are hereby incorporated into these Terms of Use.
You may not use the Site if: (1) you are not of legal age or capacity to entering into a binding agreement with us, or (2) you are not permitted to receive any services under the laws of the United States of America or other countries or regions including the country or region in which you are a resident or from which you use the services. We reserve the right to terminate, suspend, charge, or restrict access to all or any part of our Site without notice or liability.
We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Please note that these Terms include an arbitration provision, which you will be bound to by using and accessing our Site.
You acknowledge and agree that you are solely responsible for maintaining the security of the devices you may use to access the Site. We are not responsible for any losses resulting from the loss or theft of any such device. While we utilize commercially reasonable security techniques to protect data from unauthorized access, we cannot guarantee the security of our system.
If the foregoing limitations are found to be invalid, you agree that our total liability for all damages, losses, or causes of action of any kind or nature shall be limited to the lesser of the total liability or the fees you paid us during the previous twelve (12) months.
Our designated copyright agent to receive DMCA Notices is:
GemCrowd.com, Inc.
Attn: Copyright Agent
+1-702-799-9855
[email protected]
If you fail to comply with all of the requirements of the DMCA, your notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under the DMCA.
If you intend to seek arbitration, you must first send a written Notice of Dispute to us via certified mail at 714 Orange Grove Ave., Unit C, Glendale, CA 91205 describing the nature of the claim and the specific relief sought. The notice should also be e-mailed to [email protected]. If we can not reach a resolution within 30 days after our receipt of the Notice of Dispute, then you or we can commence arbitration with the American Arbitration Association. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association, unless you are able to show that you are a consumer, in which event (1) the Consumer Arbitration Rules of the American Arbitration Association will apply, and (2) we will pay any filing fees in excess of what you would have had to pay for filing a lawsuit in state or federal court (whichever is greater) in the judicial district where you reside. The arbitrator’s judgment shall be final, on-appealable, and binding, and the judgment shall be enforceable in state or federal court. Each Party shall be responsible for their own fees and costs frothier attorneys and expert witnesses. The arbitrator may only award money or equitable relief to the extent necessary to provide relief warranted for the Party’s claim.
If you are not an incorporated entity or if the Commercial Arbitration Rules of the American Arbitration Association are not applicable, then the Consumer Arbitration Rules of the American Arbitration Association will apply. All other terms of this arbitration section shall apply.
CONTACT US:
GemCrowd.com, Inc.
[email protected]
+1-702-799-9855