TERMS OF SERVICE
GEMINI BUILDS IT

Last Modified On: January 23, 2017

  • Your Acceptance

  • Gemini Builds It LLC (hereinafter the “Company”, “we” or “us”) owns and operates a website  (www.geminibuildsit.com) (the “Website”) that markets and sells frames, mouldings, display cases, acrylics and other products made available on the Website (collectively, the “Products” and each a “Product”) that links to these  “Terms of Use”. These Terms of Use constitute a binding agreement between Company and you, governing your use and participation in the Website. By using the Website, you signify your assent to both these Terms of Use and the Company’s “Privacy Policy”, which is incorporated herein. You are only authorized to use the Website if you agree to abide by all applicable laws and to these Terms of Use. These Terms of Use may be updated by us from time to time without notice to you. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, please do not use the Website.


  • Website Access

  • Company hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) your use of the Website as permitted is solely for your or your company’s use; (ii) you will not copy or distribute any part of the Website in any medium without Company’s prior written authorization; (iii) you will not transfer, sublicense, lease, lend, rent or otherwise distribute the Website to any third party; (iv) you will not reverse-engineer, decompile or create derivative works of the Website; (v) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (vi) you will otherwise comply with the terms and conditions of these Terms of Use.


    These Terms of Use apply to all users of the Website. You may access the services of the Website by creating an account with Company or purchasing a Product as a guest to the Website. The Company has the authority, in Company’s sole discretion, to set certain pricing tiers based on user purchases. You must register an account with Company in order to have access to the applicable pricing tier. You are not allowed to use another user's account without permission. If you create an account or purchase a Product as a guest to the Website, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your account information. In addition, you agree to immediately notify Company of any unauthorized use of your password or account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.


    By using the services of the Website, you represent that you are of legal age to form a binding contract and are not a person barred by any laws from using the Website. You agree to provide true, accurate, current and complete information about yourself in all required fields of the account registration or checkout order form. If any of your information changes, you agree to update your information as soon as possible. If Company suspects that your registration or order form information is not complete, current, or accurate, or that you have otherwise violated these Terms of Use, your account or use of the Website may be subject to suspension or termination, and you may be barred from using the Website in Company’s sole discretion.


    You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or similar technological devices or programs, that access the Website in a manner that sends more request messages to the Company servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser.


    You agree not to collect or use any personally identifiable information ("Personal Information") including, without limitation, account names, email addresses, contact information, credit card information or any other content contributed by a user of the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.


    1.  Messaging

    As part of the services we provide, you may receive emails or other types of notifications directly sent to you from the Website (the “Subscriber Emails”). Subscriber Emails will update you on incoming Products, industry news, promotions, discounts and third party offers. You have control over Subscriber Email settings and can opt in or out of Subscriber Emails through the Website. We have no intention of ever spamming you with unwanted messages or emails, and, as noted above, you are not required to provide this consent as a condition to using the Website and may opt out of Subscriber Emails.


    1. Company’s and Marks


    The content created by the Website including, but not limited to, the text, features, logos, graphics, designs, videos, and photos created by Company and for the Website (the "Company Content") and the trademarks, service marks and logos contained therein (the "Marks"), are owned by or licensed to Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content and Marks on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Company or as expressly provided herein. Company reserves all rights not expressly granted in and to the Website and the Company Content and Marks contained therein.  


    1. Rules of Conduct


    The following rules of conduct apply to your use of the Website:


    You may not, in connection with the Website:


    • Upload, post, email or otherwise transmit any viruses or other computer code that may interrupt, destroy, limit the functionality of the Website, or interfere with the access of any user to the Website;
    • send to any third party any unsolicited communication or message, including without limitation through posts, messages or email, in connection with or related in any way to the Website;
    • infringe or violate any patent, copyright, trademark, trade secret or other property right;
    • breach a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    • conduct actions that a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
    • conduct any violation  of any person’s privacy or publicity rights,  misrepresentation of facts, or hate speech;
    • violate or encourage others to violate any applicable law, statute, ordinance or regulation; or
    • promote software or services that deliver unsolicited e-mail or that contain viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines; and
    • conduct any activity in regards to the Services of the Website that would violate state or federal laws or regulations.

    You may not, except with Company’s express advance authorization, use the Website to:


    • harm minors in any way;
    • solicit personal information from anyone under 18;
    • provide false or deceptive information;
    • delete, add or otherwise change user information and/or the Company Content when you have not been granted the privileges to do so; or
    • allow usage by others in such a way as to violate Company’s Terms of Use or Privacy Policy.

    1. Delivery Policy

    If you place an order for Products on the Website, you will receive an email that confirms the order has been received, lists any Products that are out of stock and provides an estimated delivery date. By placing an order on the Website, you are authorizing Company to delivery the Products on your behalf to the selected designation. Certain delivery services will be available at your option depending on the ordered Products. Such delivery services include: Company’s carrier service, UPS, Federal Express or Spee-Dee Delivery. Delivery charges may vary depending upon the size, weight, material and distance of the Products being shipped. Company will use its best efforts to notify you of any delivery delays as a result of weather conditions. Each delivery service may operate under its own terms and conditions. We urge you to review such terms and conditions prior to ordering the Products.


    1. Return Policy

    If you receive a damaged Product that you wish to return you must notify the Company of the damaged Product within five (5) days of your receipt of the Product. Company may then authorize the return, in Company’s sole discretion, by providing you with an authorization number. Upon receiving the authorization number, you then may return the damaged Product for a credit or receive a replacement Product. The replacement Product shall be delivered by the same delivery service as the original order. If you choose to use a different delivery service than the original order, you will be required to pay the difference between the delivery services. Product returns that are not damaged are subject to a restocking charge of up to fifty percent (50%) of the original purchase price.


    1. Modifications to the Website


    Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.


    1. Termination


    Company, under certain circumstances and without prior notice, may immediately terminate your account and access to the Website and any other Company services. Cause for such termination shall include, but are not limited to: (a) breaches or violations of the Terms of Use and other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Website (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; and/or (g) engagement by you in fraudulent or illegal activities. Termination of your Company account includes: (a) removal of access to all pages within the Website as well as any Subscriber Emails; (b) deletion of your password and all related information, files and materials, associated with or inside your account (or any part thereof); and (c) barring of further use of the Website. Further, you agree that all terminations for cause shall be made in Company’s sole discretion and that Company shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.


    You may close your Account by submitting a written request to Company at customerservice@geminibuildsit.com. Upon closure, suspension, cancellation and/or termination of the Website for any reason whatsoever, you shall immediately discontinue your access to and cease all use of the Website and shall remit payment to Company for any and all unpaid purchases or fees up to and including the date of such closure, suspension, cancellation and/or termination, and any rights granted to you herein shall immediately and automatically (without further action by you or us) terminate.


    These Terms of Use (as may be revised from time to time as described herein) are irrevocable and, unless otherwise expressly stated in these Terms of Use, will survive the termination of your access to and use of, the Website, and your relationship with us.


    1. Accessing the Services

    The Website is designed to be accessible on multiple types of devices and operating systems. Company makes no representation or warranty of any kind whatsoever that the Website services will be compatible with your devices, communication services, or any specific operating system version of your device, or any other hardware, software, equipment or device installed on or used in connection with your device.


    1. Warranty Disclaimer


    YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF COMPANY, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE COMPANY CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.  IF YOU CHOOSE TO PURCHASE A PRODUCT OR USE A SERVICE THROUGH A THIRD PARTY LINK, YOU SHOULD USE BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.


    1. Limitation of Liability


    IN NO EVENT SHALL COMPANY, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF COMPANY, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR USER INFORMATION OR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.


    The Website is controlled and offered by Company from its facilities in the United States of America. Company makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.


    1. Arbitration

    PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.


    You and Company agree to arbitrate any dispute arising from these Terms of Use, purchase of a Product or your use of the Website, except that you and Company are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Company agree (a) that any arbitration will occur in Cook County, Illinois; (b) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (c) that the state or federal courts of Cook County, Illinois have exclusive jurisdiction over any appeals of an arbitration award and over any suit, if any, between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND COMPANY WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.


    1. Indemnity


    You agree to defend, indemnify and hold harmless Company, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Company, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access of the Website; (ii) your violation of any term of these Terms of Use or the Privacy Policy; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your user information caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.


    1. Ability to Accept Terms of Use


    You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.


    1. Assignment


    These Terms of Use, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by Company without restriction.


    1. General


    These Terms of Use supersede all prior understanding regarding the same and represent the complete agreement between you and Company. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Company reserves the right to amend these Terms of Use at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.


    1. Violations of These Terms of Use


    Please report any violations of the Terms of Use to customerservice@geminibuildsit.com. Please state the reasons for your concern and provide a link if appropriate to the behavior in question. Upon receiving such a report of a possible violation, Company in its sole discretion may investigate the matter and take such action as Company determines to be appropriate.