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Terms of Service

Terms of Service

Gemmed Firefly LLC (“us”, “we”, or “our”) uses the website www.gemmedfirefly.com and any other website(s) owned and/or operated by Us, including and subsidiaries or corporate affiliates, collectively, and any of their websites and/or webpages associated, along with all information, documents, products, and services including content, trademarks, logos, graphics, and images (collectively, “Services” or “Site”) to make available purchasing of our products and access to content which are subject to the following terms and conditions, as well as our Privacy Policy which is also available by our Services, along with other terms and conditions connected to and located within the Services, related to functionality, features, and or promotions (collectively referred to and incorporated with these terms and conditions as, the “Terms”).

Visitors and customers or anyone accessing or using the Services (“you”) are subject to the Terms. You must be 18 years or older or the age of majority in your jurisdiction in order to make a purchase on our Services. If you access or use our Services, you are acknowledging that you have read, understand, warrant, and agree, without limitations or qualification, to be bound by these Terms.

YOU MAY NOT USE OUR SERVICES IF YOU DO NOT AGREE TO THE TERMS.

Purchase Policies and Procedures

For information regarding policies and procedures related to orders placed through our Services, including order processing, returns, exchanges, sales tax, and shipping and handling, click HERE.

Updates, Term Alterations, Service Termination

We reserve the right to update, change, modify, or otherwise alter the Terms at any time. Material changes made to the Terms will be announced through notification by the Services. Any access after the changes go into effect will constitute and be deemed your agreement to these Terms. Gemmed Firefly may terminate the Services or any portion thereof, including websites or webpages within the Services or any products or services offered through the Services, or terminate your right to use or access and portion thereof without notice and at any time for any reason. If such termination occurs, you are no longer authorized to access the Services and the restrictions imposed on you with respect to the Terms, including all disclaimers, indemnities, and limitations of liabilities set forth in the Terms, shall each survive such termination.

Products and Content are for Personal Use

Without the expressed written authorization of Gemmed Firefly LLC, we allow the use of Services for your personal and non-commercial use. Accessing our Services means you agree to comply with all applicable local laws and use the Services for legal purposes as allowed by the Terms. International users must also agree to comply with all applicable local laws in regard to privacy, online conduct, and acceptable use and content. Furthermore, you agree not to:

• Violate applicable laws, rules, or regulations in your jurisdiction or access or attempt to access, circumvent or attempt to circumvent, any secure, non-public, password-protected, or restricted areas of the Services without the express permission of Gemmed Firefly LLC. This includes but is not limited to testing the security, to identify vulnerabilities, impersonating users or any party or entity, or accessing information not meant for you.

• Transmit, distribute, copy, modify, display, perform, reproduce, publish, license, create derivative works from, transfer, enhance, frame, or sell any software, products, services, information, or content (as defined below), obtained, accessed, or provided through the Services, including without limitation, engaging in the practice of “screen scraping” or any other similar action or activity; • Modify another website to falsely imply that it is associated or affiliated with the Services or hack into the Services or related products.

• Transmit, upload, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, files, code, worms, spiders, robots, or other program or malicious material of a destructive nature, or meant for mining, retrieving, copying, or indexing any portion of the Services, or any material intended to destroy, interrupt, alter, limit, or interfere with the Services or any other party’s use and access of the Services, including any actions to damage, overburden, disable, or block services.

• “Stalk” or otherwise harass, including advocating harassment of another in way.

• Engage or make any unsolicited or unauthorized promotional material, advertising, solicitation, or “spam” in any form on any platform or publication.

You agree and understand that you may be exposed to content that is objectionable or offensive to you. You hereby acknowledge and agree any other user expressed content or submissions by you express the views of the author and Gemmed Firefly LLC will not be help responsible for or liable for the content in such submissions.

Your access to the Services is undertaken at your own risk and we are not responsible for any objectionable or otherwise offensive materials that may be posted by any third party. In addition, we are not under obligation to monitor or remove any submission or other information or communication submitted by you or other parties.

All submitted data and/or posted communications on the site or related to Services, or when you transmit, upload, post, share, e-mail, reproduce, distribute, or otherwise made available suggestions, ideas, feedback, data, text, inquiries, software, music, sound, graphics, photographs, messages, or other materials on the Services or on any of our third party social media platforms such as Facebook, Instagram, or other social media pages where we promote our products and Services (collectively “Submissions”), by you, shall be granted perpetual, royalty-free, irrevocable, worldwide right and license to use, reproduce, display, distribute, modify, and create derivative works of submissions, in part or in whole of, or otherwise exploit, and to incorporate Submissions into other works in any media and utilizing any technology now known or later developed, for any purpose whatsoever, including developing and marketing products.

You warrant that you have all rights, and no third party has retained any such rights, in and to Submissions you may post on the site, this includes moral rights. You agree not to assist or engage or encourage others to engage in transmitting, uploading, e-mailing, sharing, posting, distributing, reproducing, or otherwise making available Submissions that is in any way unlawful, threatening, abusive, tortuous, defamatory, harassing, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectional; you understand you do not have a right to make available under any law or under fiduciary or contractional relationships; is known by you to be false, fraudulent, inaccurate, or misleading; or infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.

Unauthorized Activity

Any unauthorized use of Content (as defined below) or Services or Third Party Content contained within the Services may violate certain regulations and laws. You shall indemnify and hold Gemmed Firefly LLC and its officers, directors, employees, agents, affiliates, licensors, and business partners harmless from and against any and all damages, costs, expenses, and liabilities, including attorney’s fees, that Gemmed Firefly LLC or any indemnified party suffers in relation to, arising from, or for the purpose or avoiding any claim or demand from a third party in the event that your use of the Services or use that by any other party using your information violates any applicable regulation or law, or the sights of any third party.

Gemmed Firefly grants you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of our Services. Any website that links to the Services may link to, but not replicate, any and/or all of our Content (as defined below), may not imply that we are endorsing such website or its services or products; may not contain content that could be construed as distasteful, obscene, offensively controversial or illegal or inappropriate for any ages (as determined in our sole discretion); may not misrepresent its relationship with us; may not portray us or out products or services in a misleading, derogatory, false, or in any way otherwise objectional or offensive manner, or associate us with undesirable products, services, or opinions; and/or may not link to any webpage of the Services other than the home page. We may, in our sole discretion, request that you remove any link to the Services, and upon receipt of such request, you shall immediately remove such link and cease any further linking unless separately and expressly authorized in writing by us to resume linking.

Any unauthorized use by you of the Services or any and/or all of our Content (as defined below) will immediately and automatically terminate the limited licenses set forth in the Terms without prejudice to any other remedy provided by applicable law or these Terms.

Intellectual Property

The Services and all Content (as defined below), features, and functionality, (including but not limited to software, text, information, displays, images, videos, audio, and video, and the selection, design, and arrangement thereof) that appears as part of or on the Services are the property of Gemmed Firefly LLC and/or a third party. All content is provided through the Services “AS IS”, and you agree and understand that the use of and reliance on any content is at your own risk. You also agree and understand that under no circumstance shall Gemmed Firefly LLC be made liable for any Content or for any loss or damage or any kind incurred as a result of your use of any Content made available via the Services.

The Services and the Content therein are protected by copyright, trade dress, and trademark laws of the United States, the state of Massachusetts, as well as international treaties, conventions, and the laws of other countries as applicable. You may not reproduce, copy, use, publish, modify, transmit, retransmit, perform, distribute, download, display, license, enter into a database, reverse engineer, modify, frame, create derivative works from, transfer, or sell any Content obtained from, through, or on the Services, in part or in whole, without the expressed written consent of Gemmed Firefly. Content used, except as specifically provided in the Terms, is strictly prohibited.

Content

All text, graphics, images, logos, photographs, information, descriptions, illustrations, data, designs, icons, audio clips, video clips, files, sounds, trademarks, copyrighted material, trade dress, interfaces, specifications, catalogs, software, advertisements, literature, names, titles, Submissions, and any other materials provided on the Services are owned by Gemmed Firefly LLC and/or third parties, and are collectively referred to as “Content”. Content may contain errors, omissions, or may be out of date. Gemmed Firefly LLC reserves the right in our sole discretion, to change, delete, update, modify, or otherwise alter the Content at any time without providing notice to you. The Content is not binding on Gemmed Firefly in any way except that the extent that it is specifically indicated to be so and is provided for informational purposes only.

Gemmed Firefly LLC does not sponsor, approve, control, or endorse any third-party Content, products, or services, and makes no representations regarding, and are not responsible or liable for the accuracy, timeliness, reliability, availability, or completeness of any third-party content, products or services. All/any third-party content, products, or services posted on, transmitted through, or linked from the Services are solely the responsibility of the respective third-party originator of such content. Links to any third-party Content are provided for your convenience only and are not an endorsement by us, our affiliates or partners of the referenced content, product, service, or supplier. Your use and access of these third party websites is at your own risk and Gemmed Firefly is in no way responsible for examining or evaluating, and we do not warrant the offerings of the third party websites or any other websites linked to or from the Services, nor do we assume an responsibility or liability for the actions, content, products, or services of such websites, including without limitation, their terms and conditions or privacy policies.

To delete certain parts of your Submission on the site, please contact us as hello@gemmedfirefly.com and include the following information in your deletion request: Full Name, User Screenname or appropriate identifying handle if applicable, email address associated with our services, your reason for deletion, and date(s) of posting and location with details of that which you want deleted, if available. We may not be able to process your request if you are unable to provide this information to us. Please allow up to 10 business days to process your deletion request.

Agreement and Consent to Receive Notices Electronically Provided from Services and Via Email

You agree in the event of notices being distributed that you consent to receive any disclosures, notices, or any other communication (collectively “Notices”) to which these Terms refer from us electronically including and without limitation by email or by posting notices within our Services. You understand and agree that all Notices provided to you satisfy all and any legal requirements that such communications be in writing. If you wish to withdraw your consent to receive Notices electronically, please email us as hello@gemmedfirefly.com and please discontinue use of our Services. This would terminate all rights granted within the Terms and we cannot provide the benefits of the Services to any user that cannot consent to receive Notices electronically. Please note that this consent to receive Notices is separate from any election made with respect to receipt of marketing communications. For marketing receipt options, see our Privacy Policy.

Affiliate Policy, Commissions, and Link Use

Some links to third party services and products may be affiliate links, meaning Gemmed Firefly would receive a commission for any sales made. All external links should be assumed as such. While in most cases, these amounts are tiny, any compensation or commission would help support Gemmed Firefly. Regardless of compensation, all prices are the same to all customers

Gemmed Firefly is a participant in the Amazon Services LLC Associates Program, an affiliate program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com and any Amazon related sites. Pages on our sites may include affiliate links to Amazon and its affiliate sites on which the owner of this website will make a referral commission.

Gemmed Firefly promotes fair advertising transparency.

Copyright Infringement Notices

Gemmed Firefly is committed to complying with the U.S. Copyright laws and requires all users of the Services to comply with said Copyright laws. You may not use this website to store any content or material, or disseminate and content or material, in any manner that constitutes an infringement of third-party intellectual property rights, including those rights granted by U.S. Copyright law.

If you believe any work you own that is copyrighted may have been infringed by/on our services, you may take advantage of certain provisions of the Digital Millennium Copyright Act (the “DMCA”) by sending our authorized agent a notification of claimed infringement that satisfies the requirement of the DMCA. Please send notification to hello@gemmedfirefly.com for assistance. It is our policy to reserve the right to terminate access to our Services for any user who is either found to infringe on third party copyright or other intellectual property rights, or who we, in our sole discretion, believe is infringing these rights. We may terminate access to Services without notice for any affected customer or user. Affected customers who believe in good faith misidentification may send a counter notification to us. If the counter notification adheres to DMCA requirements upon receipt, we will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedure with respect to the received counter notification. You agree that we will not be party to any disputes or lawsuits regarding alleged copyright infringement.

All notification of claimed infringement must be in a form that satisfies section 512(c)(3) of the U.S. Copyright Act. Any party who knowing makes misrepresentations regarding alleged copyright infringement may be liable to us, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material, under the DMCA.

Disclaimer of Warranties and Limitation of Liability

THE SITE AND ITS CONTENT AND SERVICES ARE PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE SITE TERMS AND CONDITIONS OR THE SITE OR ITS CONTENTS OR SERVICES. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (C) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (F) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (G) EVENTS BEYOND OUR REASONABLE CONTROL. FURTHER, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXTRAORDINARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, DATA, REVENUE, USE, OR OTHER ECONOMIC ADVANTAGE) RELATED TO THE SITE OR YOUR USE THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00). YOU AGREE AND UNDERSTAND THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS, SERVICE, AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

Indemnify

You agree to indemnify, defend and hold harmless Gemmed Firefly LLC, its third-party vendors, manufacturers, distributors, agents, corporate affiliates, directors, officers, and employees (“Indemnified Parties”) from and against any and all liabilities, claims, actions, demands, costs and expenses, including, without limitation, reasonable attorney's fees, (a) made by any third party due to or arising out of any Content or Submission, posted, or otherwise provided by you to the Services, Gemmed Firefly LLC and/or its third party licensors, licensees, or advertisers, and/or (b) resulting from your breach of any provision of these Terms, any warranty you provide herein, or otherwise arising in any way out of your use of the Services or purchase of the products or services therefrom. Gemmed Firefly LLC reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Gemmed Firefly LLC and Indemnified Parties in asserting any available defenses.

Disputes

With respect to any dispute, claim, or controversy regarding the Services, all rights and obligations and all actions contemplated by these Terms shall be governed by the laws of Massachusetts, as if the Terms were a contract wholly entered into and wholly performed within Massachusetts. Any dispute relating in any way to your visit to the Site, these Site Terms, shall be submitted to confidential arbitration in Massachusetts and you agree to submit yourself to the jurisdiction and proceedings thereof. ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is subject to arbitration shall be submitted to the arbitrator for decision.

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under these Terms shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

General Usage

You agree and understand that these Terms apply and constitute the complete and exclusive agreement between us concerning your use of the Services and supersede and govern all prior proposals, communications, and other agreements. We reserve the right to update or alter the Terms at our sole discretion at any time by posting the changes on the Services and providing notice of material changes. The effective date of the Terms is listed below and any additional alteration updates will be noted below. Changes to Terms are agreed upon by you when Services after accessed following updated changes and apply as a whole. Your continued use of our Services constitutes your agreement to all Terms. We may, with or without prior notice, alter or terminate any of the rights granted by the Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole but these Terms shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms are for convenience only and shall not be used in its interpretation.

For questions regarding these Terms, please email us at hello@gemmedfirefly.com.

Gemmed Firefly LLC
125 Pearl St
No. 850022
Braintree, MA 02185

Terms effective 12/5/19