Terms of Use : Gem & Bolt – Mezcal + Damiana

Terms of Use

Welcome to the www.gemandbolt.com website (the “Site”). These Terms of Use (“Terms of Use” or “Agreement”) shall serve as an agreement that sets forth the terms and conditions that will govern your use of the Site offered by GEM&BOLT, LLC. (“GEM&BOLT,” “we,” “us” or “our”).

Binding Agreement

By accessing all or any part of this Site, or the services offered on the Site, you agree to be bound by these Terms of Use and the Privacy Policy posted on this Site. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE AND THE PRIVACY POLICY YOU SHOULD NOT ACCESS OR VIEW THIS SITE.

Use Prohibited by Users Under 21

THIS SITE IS INTENDED ONLY FOR USERS THAT ARE AT LEAST 21 YEARS OLD AND BY ACCESSING THIS SITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 21 YEARS OLD.

Use of the Site by Residents Outside of the United States

We make no representations that content and materials (licensed or otherwise) on the Site are legal or appropriate for use from outside the United States nor do we represent that our Privacy Policy is consistent with requirements outside the United States. IF YOU CHOOSE TO ACCESS THE SITE FROM LOCATIONS OUTSIDE THE UNITED STATES, YOU DO SO AT YOUR OWN RISK and are responsible for compliance with any and all local laws. You may not use the Site in violation of U.S. export laws and regulations. WE DO NOT SEEK NOR DO WE KNOWINGLY COLLECT INFORMATION ABOUT RESIDENTS FROM COUNTRIES OTHER THAN THE UNITED STATES. IF YOU PROVIDE TO US INFORMATION ABOUT YOURSELF AND YOU ARE NOT A RESIDENT OF THE UNITED STATES, IN SO PROVIDING THAT INFORMATION, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU THEREBY AFFIRMATIVELY CONSENT TO OUR RECEIPT, COLLECTION, STORAGE AND ONWARD TRANSFER OF THAT INFORMATION IN THE SAME MANNER THAT WE HANDLE INFORMATION REGARDING UNITED STATES CITIZENS.

User Content; User Conduct

We do not claim ownership of any content that you submit to GEM&BOLT in any manner and through any means whatsoever through the Site. However, with respect to all such content, including, without limitation, writings, postings, artwork, photographs, designs, graphics, images, material or other submissions posted to the Site (collectively, “User Content”), you grant to us, our affiliates, and other users on the Site, the worldwide, perpetual, royalty-free, irrevocable, non-exclusive right to use, communicate, reproduce, publish, display, perform, modify, alter, adapt, translate, sublicense, distribute, create derivative works from and exploit such User Content in any manner, including on the Site or in any other manner or medium now known or later developed, without your consent. No User Content, regardless of how it may be marked, will be received by us in confidence, nor shall it be subject to any express or implied obligation of confidentially.

UNDER NO CIRCUMSTANCES SHOULD YOU PROVIDE TO US ANY CONTENT OR OTHER INFORMATION ABOUT ANY PERSON UNDER THE AGE OF 21 OR ABOUT ANY PERSON THAT IS NOT A RESIDENT OF THE UNITED STATES.

Please be aware that generally any information including, without limitation, User Content that you post to the Site may be accessible by other users of the Site. Please be sure that any such information is information that you are comfortable sharing with the public.

Additionally, you hereby acknowledge and agree that you:

Own or otherwise control all of the rights to any User Content that you post to the Site, and that the public posting and other public or private use of such User Content will not infringe the rights of any third party. You also acknowledge that you are not entitled now, or in the future, to any compensation for any User Content you may post to the Site, and you waive the benefits of any provisions of law known as “droit moral” (moral rights) or any similar laws.

You are solely responsible for your actions and interactions with others on the Site, and any User Content that you post to the Site.

You will not post any User Content that is defamatory, abusive, profane, threatening, harassing, offensive, libelous, obscene, pornographic, invasive of privacy or publicity rights, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. Unauthorized commercial messages and/or public announcements are not allowed on the Site. Unauthorized collection and/or use of email addresses via the Site is also not allowed.

You will not post any User Content protected by copyright without the express permission of the copyright owner. By posting or transmitting such User Content, you warrant and represent that you either own the User Content that you post to the Site, and the copyrights with respect to such User Content, or have received express permission from the copyright owner to post to the Site the User Content. You also represent and warrant that you have obtained the appropriate permissions from any and all individuals appearing in any photographs permitting you to post such photographs on the Site.

You will not post any User Content containing a virus or any other harmful components. You will not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You will not attack our Site via a denial-of-service attack or a distributed denial-of-service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach your right to use our Site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site.

You will comply with all laws that apply or may apply to your use of or activities on the Site and any rules for conduct on the Site or use of specific features and/or services offered hereon that may be posted on the Site, whether in these Terms of Use or otherwise, from time to time.

Site User Suggestions

You acknowledge and agree that any suggestions, comments, ideas, feedback, recommendations, notes, drawings, concepts, prototypes or other information disclosed or submitted to us by you through the Site, or in response to solicitations from us to you on the Site, and any intellectual property associated therewith, including without limitation, any patents, copyrights or trademarks, are owned by GEM&BOLT (collectively, “User Suggestions”).

You hereby assign all right, title and interest in and to the User Suggestions to GEM&BOLT without any compensation to you. GEM&BOLT shall at all times have the right to use, distribute and publish the User Suggestions worldwide, in perpetuity and through any manner or means, now known or later developed as GEM&BOLT may determine. No User Suggestions, regardless of how they may be marked, will be received by us in confidence, nor shall they be subject to any express or implied obligation of confidentially.

Monitoring

We monitor the Site for inappropriate User Content. In the event that any inappropriate User Content is brought to GEM&BOLT’s attention we will take all appropriate action as we deem necessary. You agree that GEM&BOLT has the right (but not the obligation) at any time, and in its sole discretion, to access, remove, edit, move, restrict access to or close, in whole or in part, any User Content posted on the Site in its sole discretion and without notice or compensation to you. Without limiting the foregoing, GEM&BOLT shall have the right to remove, edit, move, restrict access to or close, in whole or in part, any User Content that violates this Agreement, or any User Content that GEM&BOLT believes is otherwise objectionable.

We reserve the right to terminate access to any user who does not abide by this Agreement. Your privilege to use or access the Site may be terminated by GEM&BOLT immediately and without notice if you fail to comply with any provision of this Agreement, or otherwise. Upon such termination, you must immediately cease accessing or using the Site. Furthermore, you acknowledge that GEM&BOLT reserves the right to take action – technical, legal or otherwise – to block or deny you from accessing the Site. You understand that GEM&BOLT may exercise this right in its sole discretion.

Third Party Content on the Site

We are a distributor and not a publisher of the content supplied by third parties or other users on the Site, including without limitation, any User Content (collectively, “Third Party Content”). Third Party Content available through the Site represents the opinions and judgments of the respective party, whether or not under contract with us. We neither endorse nor are we responsible for the accuracy or reliability of any opinion, advice, submission, posting, or statement made on the Site by anyone other than one of our authorized personnel or employees. Under no circumstances shall we, or our affiliates, or our or our affiliates’ officers, directors, members, managers, employees, personnel, agents, representatives, information providers, subcontractors or licensors, be liable for any loss or damage caused by your reliance on any Third Party Content or other information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other Third Party Content available through the Site, and use of and reliance on same is solely at your own risk.

GEM&BOLT’s Rights

We may disclose any of your User Content, User Suggestions, submissions, or electronic communications of any kind and any information you provide to us or our affiliates through the Site (i) when we believe disclosure to be appropriate to comply with any law, regulation, or government or law enforcement request or to comply with judicial process; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property, other users of the Site, and/or our affiliates. For more information on how we protect and use your personally-identifiable information in connection with the Site, please see our Privacy Policy at: [NOTE: INCLUDE HERE A LINK TO THE PRIVACY POLICY]

Copyright and Trademarks

GEM&BOLT, and all trademarks, service marks, logos, trade dress and trade names (collectively, the “Marks”), including but not limited to those Marks displayed or used on the Site, whether or not in large print or with the trademark symbol, are registered or common law trademarks of GEM&BOLT, and are protected under federal and international trademark laws. Nothing contained on the Site or in these Terms of Use grants you any right to use, misuse, copy, reproduce, download, transmit, modify or distribute any of the Marks without the prior written permission of GEM&BOLT or that of the respective owner(s). GEM&BOLT reserves the right to protect its Marks to the fullest extent of the law if prior written permission is not obtained. Nothing contained in the Site or this Terms of Use grants any right to use any of the Marks without our prior written permission or that of the respective owner(s).

Moreover, our Marks may not be used in connection with any product or service in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us. All other trademarks, service marks, logos, trade dress and trade names not owned by us that appear on this Site are the property of their respective owner(s), who may or may not be affiliated with, connected to, or sponsored by us.

All information, content, and data including, without limitation, Marks, designs, photographs, text, graphics and pictures, and their format, arrangement and selection (collectively, the Site Content”) on the Site is owned by GEM&BOLT and its third party providers, with all rights reserved. GEM&BOLT and its third party providers retain all copyright, intellectual property rights and other proprietary rights to the Site Content. The Site Content may not be reproduced, transmitted or distributed without entering into an agreement with GEM&BOLT or obtaining GEM&BOLT’s express written permission. Any use of any Site Content or the materials on the Site may violate copyright, trademark and other laws. You may not republish or distribute in any manner the Site Content on any medium or in any manner and may not incorporate the Site Content or any components of the Site Content into any aggregated data, any compilation or any database.

Licenses and Permissions

Notwithstanding the foregoing Section, we grant you a limited license and permission to access and make personal use of the Site but not to download any portion of it for any commercial purpose or to modify any portion of the Site. Except as explicitly provided in these Terms of Use, you agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content of any portion of the Site for any commercial purpose. You may display and occasionally print a single copy of pages of the Site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on the Site without our prior written or e-mailed consent, which may be withheld in our sole discretion.

Infringement Policy

GEM&BOLT, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your right to use the Site if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. GEM&BOLT accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), GEM&BOLT has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to GEM&BOLT in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement, as follows:

Gem&Bolt, LLC, c/o CSG Law

Attn: Customer Service

1 Boland Dr., West Orange, NJ 07052

1-855-436-2658

[email protected]

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:

A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.

Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

Disclaimer of Warranties and Limitation of Liability

THE SITE, THE user content AND THE SITE CONTENT ARE PROVIDED “as is” AND CARRIES NO WARRANTIES OF ANY KIND. you expressly acknowledge and agree that use of our site, the user content and the site content is at your sole risk. YOU ALSO ACKNOWLEDGE AND AGREE THAT GEM&BOLT IS NOT RESPONSIBLE FOR, NOR DOES IT CONTROL, ENDORSE OR VERIFY, ANY CONTENT POSTED TO THE SITE.

GEM&BOLT makes no representations or warranties as to the accuracy, RELIABILITY completeness, USEFULNESS, non-infringement of intellectual property rights, quality of any services or content, including without limitation, any user content on the site, timeliness of the SITE or the results to be obtained from using the site, the user content and the site content. GEM&BOLT DOES NOT WARRANT THAT THE SITE OR THE SERVICES ON THE SITE ARE SECURE AND FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS OR OTHER LIMITATIONS.

TO THE FULLEST EXTENT ALLOWED BY LAW, GEM&BOLT AND its OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, PERSONNEL, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, SUBCONTRACTORS, AFFILIATES OR LICENSEES HEREBY DISCLAIM ALL WARRANTIES with respect to the site, THE USER CONTENT and the site content, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL GEM&BOLT OR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, PERSONNEL, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, SUBCONTRACTORS, AFFILIATES OR LICENSEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO, LIABILITY FOR LOSS OF PROFITS, DATA, CONTENT, REPUTATION OR GOODWILL), WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE USER CONTENT OR THE SITE CONTENT. IN THE EVENT THAT GEM&BOLT AND/OR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, PERSONNEL, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, SUBCONTRACTORS, AFFILIATES OR LICENSEES ARE DETERMINED TO HAVE ANY LIABILITY WITH RESPECT TO THE SITE, THE USER CONTENT OR THE SITE CONTENT, IN NO EVENT SHALL GEM&BOLT’S AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, PERSONNEL, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, SUBCONTRACTORS, AFFILIATES OR LICENSEES’ AGGREGATE LIABILITY TO ANY SITE USER EXCEED TEN DOLLARS ($10.00).

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHER, SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF WARRANTIES; SO IF AND TO THE EXTENT PROHIBITED BY APPLICABLE LAW, SUCH DISCLAIMER SHALL NOT APPLY TO YOU.

Links Within the Site

Any and all links to other web sites contained in the Site are provided for the convenience of those who wish to access other web sites quickly and efficiently. GEM&BOLT is not responsible for and does not endorse or make any representations whatsoever regarding the materials provided on any other web sites or providers of any information contained on any such web sites. You acknowledge and agree that your use of any web site accessed from the Site, or the reliance on any information or services contained therein, is solely at your own risk. You should review the Terms and Conditions and Privacy Policies of those web sites.

Links to the Site

Creating or maintaining any link from another site to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another site without our prior written permission is prohibited. Any permitted links to this Site must comply with all applicable laws, rule and regulations.

Indemnity

You agree to indemnify and hold harmless GEM&BOLT, and its officers, directors, members, managers, employees, personnel, agents, representatives, information providers, subcontractors, affiliates and licensees now or in the future (individually and collectively, the “Indemnified Parties”) from and against any and all liabilities, damages, costs, losses, claims, demands and expenses (including reasonable attorney’s fees) that the Indemnified Parties may incur arising out of or relating to (i) the breach of any of your representations and warranties contained in this Agreement, our Privacy Policy or any other term or condition contained on the Site or in connection with the services offered on the Site; (ii) any User Content and all other content posted, provided or uploaded on the Site by you to GEM&BOLT, including without limitation, content that violates the intellectual property other proprietary right or privacy right of a third party; (iii) any misuse of the Site or the services provided on the Site by you or (iv) any bodily injury including death resulting from any User Content, User Suggestions, your use of the Site or the services provided on the Site.

Arbitration

Any dispute, claim or controversy that you and GEM&BOLT are unable to resolve, to the maximum extent allowed by applicable law, will be submitted to and finally resolved by binding arbitration. Either party may file a written demand for arbitration with the American Arbitration Association and will send a copy of the demand for arbitration to the other party. The arbitration will be conducted pursuant to the terms of the Commercial Arbitration Rules of the American Arbitration Association. The venue for the arbitration will be in Union County in the State of New Jersey. The arbitration will be conducted before three (3) arbitrators selected through the American Arbitration Association’s arbitrator selection procedures. The decision of the arbitrators will be final, binding and conclusive upon the parties. Each party will have the right to have the decision enforced by the federal or state courts sitting in Union County in the State of New Jersey, to which exclusive jurisdiction the parties agree to submit. If any of the provisions of this Agreement are held to be unenforceable or invalid by any tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions will not be affected, provided that the essential understanding of the parties hereto is not lost thereby.

General

These Terms of Use and the Privacy Policy constitute the entire agreement between you and GEM&BOLT regarding the Site, the Site Content and the User Content. If any provision of this Terms of Use is deemed invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. GEM&BOLT’s failure to enforce any right or provision shall not be deemed a waiver of such right or provision. Headings are for convenience only and should not be given any interpretative effect.

Please also read our Privacy Policy at: [PRIVACY POLICY]

Changes to our Terms of Use

We may update our Terms of Use from time to time. If we make any changes, we will post the new Terms of Use to our Site after we make the change.

The date the Terms of Use was last revised is identified at the top of the page. You are responsible for visiting the Terms of Use to check for any changes each time you access or use the Site.

Notices; Contact Information

The Site is operated by GEM&BOLT, LLC, c/o CSG Law, 1 Boland Dr., West Orange, NJ 07052 All questions regarding the Site, these Terms of Use or our Privacy Policy shall be directed to Customer Service by email at: [email protected], by calling at: 1-855-436-2658], or by writing to Customer Service at: GEM&BOLT, LLC, c/o CSG Law, 1 Boland Dr., West Orange, NJ 07052