Terms

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (”LICENSE”) CAREFULLY BEFORE DOWNLOADING AND USING THE SOFTWARE. BY DOWNLOADING AND USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS LICENSE BY DOWNLOADING THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, IT IS IMPORTANT THAT YOU DO NOT DOWNLOAD/PURCHASE/INSTALL THE SOFTWARE.

This Subscriber Agreement and Terms of Use govern your use of the TheGemCart.com, and, unless other terms and conditions expressly govern, any other electronic services from the TheGemCart.com that may be made available from time to time (each, a “Service”).

If you agree to be bound by the terms of this Agreement, you will continue using this site.  If you do not agree to be bound by the terms of this Agreement, you should leave immediately.

1. Changes to Subscriber Agreement. We may change the terms of this Agreement at any time by notifying you of the change in writing or electronically. The changes also will appear in this document, which you can access at any time by going to the Help section of a Service. You signify that you agree to be bound by such changes by using a Service after changes are made to this Agreement.

2. Privacy and Your Account. Registration data and other information about you are subject to our Privacy Policy. Your information may be stored and processed in the United States or any other country where the TheGemCart.com has facilities, and by subscribing to a Service, you consent to the transfer of information outside of your country. If your access to a Service has been provided by or through a third party (for example, your employer or an education institution where you are a student) (each, a “Third Party”), the Third Party may have provided us with information about you to enable us to provide you with access to the Service and distinguish you from other subscribers (such as your email address or name). If you access a Service using a password, you are solely responsible for maintaining the confidentiality of that password. If you provide someone else with access to your password to a Service, they will have the ability to view information about your account and make changes through the website for the Service. Similarly, if you tell someone the answer to your security question for a Service, they will be able to request information about your account and make changes through Customer Service. You agree to notify us promptly if you change your address or email so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address or email shall be deemed sufficient notice.

3. Fees and Payments. You agree to pay the subscription fees and any other charges incurred in connection with your user name and password for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. If your subscription includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas. We will bill all charges automatically to your credit card. Subscription fees will be billed at the beginning of your subscription or any renewal. Unless we state in writing otherwise, all fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed a Service using your user name and password without your authorization, you must follow the procedures outlined in the Help section. You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service.

4. Limitations on Use.

a. Only one individual may access a Service at the same time using the same user name or password, unless we agree otherwise.

b. The text, graphics, images, video, design, organization, compilation, look and feel, advertising and all other protectable intellectual property (the “Content”) available through the Services is our property or the property of our advertisers and licensors and is protected by copyright and other intellectual property laws. Unless you have our written consent, you may not sell, publish, distribute, retransmit or otherwise provide access to the Content received through the Services to anyone, including, if applicable, your fellow students or employees, with the following two exceptions:

(i) You may occasionally distribute a copy of an article, or a portion of an article, from a Service in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in the Service, original source attribution, and the phrase “Used with permission from the TheGemCart.com”.

(ii) You may occasionally use our “E-mail This” service to e-mail an article from a Service to a few individuals, without charge. You are not permitted to use this service for the purpose of regularly providing other users with access to content from a Service.

c. You agree not to rearrange or modify the Content. You agree not to create abstracts from, scrape or display headlines from our content for use on another web site or service. You agree not to post any content from the Services to weblogs, newsgroups, mail lists or electronic bulletin boards, without our written consent.

To request consent for this and other matters, please contact the TheGemCart.com Customer Service.

d. You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person’s rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.

5. Third Party Web Sites, Services and Software. We may link to, or promote, web sites or services from other companies or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those web sites, services and software.

6. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE SERVICES IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We do not small business, creative or other advice or advocate the purchase or sale, involvement with a specific or any entity in the course of business.You should always seek the assistance of a professionals for business and creative advice. TheGemCart.com AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS (”THE PARTIES”) WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

7. General. This Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. We may discontinue or change the Services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Michigan, United States of America applicable to contracts made entirely within Michigan and wholly performed in Michigan without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in Michigan. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

8.  Termination and Modification.  You agree that TheGemCart, in its sole discretion, may terminate your account (or any part thereof) or use of the entire or part of TheGemCart, and remove and discard any Content within the TheGemCart for any or no reason with or without notice. You agree that any termination of your access to the TheGemCart under any provision of this Terms & Conditions may be effected without prior notice, and acknowledge and agree that TheGemCart may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the TheGemCart. You agree that TheGemCart shall not be liable to you or any third-party for any termination of the usuage or access to TheGemCart or any part or portion or data contained therein.

9. Additional Terms and Notices.

We employ cookie technology. Read our Cookie Disclosure Statement for more information on our use of cookies. TheGemCart text, photos, graphics, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither TheGemCart materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. TheGemCart will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or any damages arising from any of the foregoing.

10. Trademarks and Copyrights. TheGemCart respects the intellectual property of others, and we ask our users to do the same. TheGemCart may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TheGemCart’s Copyright Agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

TheGemCart’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

By mail:

Copyright Agent
TheGemCart
1035 Godfrey Ave SW 2nd Floor Ste A
Grand Rapids, MI 49503 USA

By E-mail:

webmaster@thegemcart.com

TheGemCart.com®, The TheGemCart.com®, are trademarks or service marks of TheGemCart.com.Copyright 2010 TheGemCart.com.  All rights reserved.