Please read these policies carefully.
These General Terms and Conditions of Use ("Terms") are entered into by and between you and ShopTheGemGarden.com, hereinafter referred to as "ShopTheGemGarden". In consideration of your use of and access to this Internet site, telephone ordering services, ShopTheGemGarden's software applications (i.e., widgets) downloaded to your desktop, and other websites and services on which these Terms are posted or expressly referenced ("ShopTheGemGarden Services"), and the promises and obligations herein, and intending to be legally bound, you and ShopTheGemGarden hereby agree as follows: Your access to and use of the ShopTheGemGarden Services is subject to these Terms, which incorporate the separately posted Privacy Statement, and other policies, as well as any modifications to them issued by ShopTheGemGarden and all applicable laws and regulations. If any of the ShopTheGemGarden Services, such as ShopTheGemGarden's widgets, set forth separate or additional terms and conditions of use, privacy statement, or other policy ("Separate Terms"), then those Separate Terms as modified from time to time shall apply in connection with your use of that ShopTheGemGarden Service. To the extent there is a direct conflict between such Separate Terms and these Terms, the Separate Terms shall govern.
IN USING THE ShopTheGemGarden SERVICES, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS AND OTHER APPLICABLE POLICIES.
If you do not want to be bound by these Terms or policies, do not use the ShopTheGemGarden website or services. These Terms do not govern your use of any websites of ShopTheGemGarden's affiliates based outside the United States or of any other services offered by ShopTheGemGarden's affiliates outside the United States. Among other things, the ShopTheGemGarden Services provide information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided by the ShopTheGemGarden Services in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within or feature offered by the ShopTheGemGarden Services contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall govern.
Changes in Terms
ShopTheGemGarden shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the ShopTheGemGarden Services. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including without limitation posting the revised or additional terms and conditions on the ShopTheGemGarden Services. You are responsible for reviewing these Terms periodically for any modification to these Terms that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by ShopTheGemGarden to these Terms. ANY ACCESS OR USE OF THE ShopTheGemGarden SERVICES BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than ShopTheGemGarden shall be valid or enforceable against ShopTheGemGarden unless expressly agreed to by ShopTheGemGarden in a writing signed by a duly authorized officer of ShopTheGemGarden.
These Terms are effective until terminated by ShopTheGemGarden. ShopTheGemGarden may terminate these Terms without notice and at any time in connection with any of the ShopTheGemGarden Services. In the event of termination, you are no longer authorized to access those ShopTheGemGarden Services, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. ShopTheGemGarden shall also have the right without notice and at any time to terminate some or all of the ShopTheGemGarden Services or any feature or portion thereof, or any products or services offered through them, or to terminate any individual's right to access or use of the ShopTheGemGarden Services or any feature or portion thereof.
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the ShopTheGemGarden Services and your purchase of products or services through them. You must be at least 18 years old to use the ShopTheGemGarden Services.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by ShopTheGemGarden on or through the ShopTheGemGarden Services, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the "Content". The Content may contain errors, omissions, or typographical errors or may be out of date. ShopTheGemGarden may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on ShopTheGemGarden in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by ShopTheGemGarden or by third parties that have licensed their use to ShopTheGemGarden. You may view and use the Content only for your personal information and for shopping and ordering on or through the ShopTheGemGarden Services, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, ShopTheGemGarden does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the ShopTheGemGarden Services, including without limitation by transferring, downloading, or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by ShopTheGemGarden, is strictly prohibited. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide ShopTheGemGarden the written information specified below: •An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; •A description of the copyrighted work or other intellectual property that you claim has been infringed; •A description of where the material that you claim is infringing is located on a ShopTheGemGarden website, including the ShopTheGemGarden item number, if applicable; •Your address, telephone number, facsimile number, and email address; •A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; •A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner. The ShopTheGemGarden Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: email us: HERE or Mail us at: The Gem Garden, Copyright Infringement, 250 S. Pacific St. Suite 107 , San Marcos, CA 92078
Linked Third Party Sites
Links to other Internet sites operated by third parties, including ShopTheGemGarden vendors, do not constitute sponsorship, endorsement, or approval by ShopTheGemGarden of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by ShopTheGemGarden, and ShopTheGemGarden is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
All prices displayed in the ShopTheGemGarden website are quoted in U.S. dollars. ShopTheGemGarden may restrict delivery to addresses within the United States and Canada. ShopTheGemGarden will add shipping and handling fees and applicable sales/use tax. ShopTheGemGarden reserves the right without prior notice to discontinue or change specifications and prices on products and services offered through the ShopTheGemGarden Services without incurring any obligation to you. Products and services offered on this site are available while supplies last. Descriptions of, or references to, products or services offered by the ShopTheGemGarden Services do not imply endorsement of that product or service, or constitute a warranty, by ShopTheGemGarden. The receipt by you of an order confirmation does not constitute ShopTheGemGarden's acceptance of an order. Prior to ShopTheGemGarden's acceptance of an order, verification of information and approval of the order may be required. ShopTheGemGarden reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from ShopTheGemGarden, for any reason. ShopTheGemGarden reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, ShopTheGemGarden shall have the right to refuse or cancel orders placed for the product or service listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, ShopTheGemGarden shall promptly issue a credit to your credit card account in the amount of the incorrect price or the original order amount charged. The risk of loss and title for all products purchased by you and shipped by ShopTheGemGarden pass to you upon ShopTheGemGarden's delivery to the carrier for shipment. The risk of loss and title for all products purchased by you and shipped directly by one of ShopTheGemGarden's vendors pass from such vendor to you upon such vendor's delivery to the carrier for shipment.
Disclaimer and Limitation of Liability as to the ShopTheGemGarden.com Site and Content
SHOPTHEGEMGARDEN MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SHOPTHEGEMGARDEN SERVICES OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. SHOPTHEGEMGARDEN ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SHOPTHEGEMGARDEN SERVICES OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SHOPTHEGEMGARDEN SERVICES OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE SHOPTHEGEMGARDEN SERVICES IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SHOPTHEGEMGARDEN SERVICES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. UNDER NO CIRCUMSTANCES SHALL SHOPTHEGEMGARDEN, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE SHOPTHEGEMGARDEN SERVICES OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF SHOPTHEGEMGARDEN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disclaimer and Limitation of Liability as to Products and Services
ShopTheGemGarden wants you to be completely satisfied with your purchase through the ShopTheGemGarden Services. If for any reason you are not entirely pleased with a product you purchased through the ShopTheGemGarden Services, simply return it within 30 days of receipt for exchange or full refund of the purchase price. Refunds will be issued in the same method as the order was paid. After 30 days, all returns, replacements, service, and support must be handled directly between you and the manufacturer. Many products are packaged with the manufacturer's warranty and service information detailing specific terms and conditions. Manufacturers' warranties may vary from product to product. ALL PRODUCTS AND SERVICES SOLD BY SHOPTHEGEMGARDEN ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, SHOPTHEGEMGARDEN MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, SHOPTHEGEMGARDEN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD THROUGH THE SHOPTHEGEMGARDEN SERVICES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. UNDER NO CIRCUMSTANCES SHALL SHOPTHEGEMGARDEN, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED THROUGH THE SHOPTHEGEMGARDEN SERVICES, EVEN IF SHOPTHEGEMGARDEN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SHOPTHEGEMGARDEN'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
You agree to defend, indemnify, and hold harmless ShopTheGemGarden, ShopTheGemGarden's vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the ShopTheGemGarden Services. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the ShopTheGemGarden Services or any product or service provided to you arising out of or relating to your use of the ShopTheGemGarden Services.
Except as otherwise expressly provided herein or in ShopTheGemGarden's separately posted Privacy Statement, any communication or material you transmit to ShopTheGemGarden through the ShopTheGemGarden Services by electronic mail or otherwise, including without limitation any contest or sweepstakes entries, images, photographs, video files, audio files, essays, questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by ShopTheGemGarden, ShopTheGemGarden vendors, or their affiliates or related entities for any purpose, including without limitation reproduction, modification, disclosure, transmission, publication, broadcast, and posting, and for advertising, publicity, or promotional purposes in any media without further permission, consent, payment, or other consideration, unless prohibited by law. Furthermore, ShopTheGemGarden, ShopTheGemGarden vendors, and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to ShopTheGemGarden through the ShopTheGemGarden Services for any purpose whatsoever, including without limitation developing, manufacturing, and marketing products or services using information contained in such communication.
The ShopTheGemGarden Services may include certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to place orders, receive and reply to messages from ShopTheGemGarden, and access certain other features (collectively the "Mobile Services"). Although ShopTheGemGarden does not charge you for these Mobile Services, your mobile carrier's normal messaging, data, and other rates and fees will still apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. By using the Mobile Services, you agree that ShopTheGemGarden may communicate with you by SMS, MMS, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to ShopTheGemGarden. In the event you change or deactivate your mobile telephone number, you agree promptly to update your mobile subscription account information to ensure that the messages ShopTheGemGarden intends to send to you are not sent to another person who acquires your former mobile telephone number.
For all relative purposes, ShopTheGemGarden.com (ShopTheGemGarden) is a domain registered, owned and operated by the following:
The Gem Garden (a d.b.a. of)
Facet Fire, Inc
250 S. Pacific St., Suite 107
San Marcos, CA 92078
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by ShopTheGemGarden of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms. ShopTheGemGarden shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks. Access to or use of the ShopTheGemGarden Services shall not be construed as ShopTheGemGarden's purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of California. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law provisions. Additionally, any claims brought against ShopTheGemGarden shall be governed by and construed in accordance with the laws of the State of California. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement, use of the ShopTheGemGarden Services, or any orders placed or products or services purchased through any of them, shall be in the state or federal courts located in the County of San Diego, State of California or the San Diego North County Superior Court of the State of California.
Last Updated: February 21, 2018