Agreement to Website Terms & Conditions of Use

We appreciate your time and interest in visiting GEMSTX.com. In using this website you are deemed to have read and agreed to the following terms and conditions, and those described in our Privacy Policy. Please read each section carefully.

COPYRIGHT AND TRADEMARK NOTICE

GEMSTX and other graphics, logos, page headers, button icons, scripts, and service names are protected intellectual property, including trademarks and copyrights, of GEMSTX LLC.

All content included on this website, such as text, graphics, photos, logos, button icons, images, audio clips, digital downloads, data compilations, are protected by United States and international copyright laws. No portion of information on this website may be copied, reproduced or used in any way without the written consent from GEMSTX LLC. Users or visitors are not permitted to modify, distribute, publish, transmit, copy or create derivative works of any material found on this site or any GEMSTX LLC publication for any public, private, or commercial purpose.

Copyright Complaints [USA]: GEMSTX LLC and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our offices immediately.

GEMSTX LLC
P.O. Box 1132
NICE, CA. 95464
707.500.5000

PRIVACY

To fully understand the conditions and business practices of GEMSTX LLC and your guidelines to conduct business with us, please review our Privacy Policy on the website.

ELECTRONIC COMMUNICATIONS

Anytime you send us an e-mail, or log in onto our website at GEMSTX.com, you are communicating with us in an electronic format. This gives us the permission to communicate back to you in the same electronic format, either by e-mail or text written on our website. With this, we both

mutually agree that any contracts, agreements, disclosures or notices, or any other communication that is provided to you on GEMSTX.com satisfies all legal notification requirements.

YOUR GEMSTX ACCOUNT

If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. GEMSTX only sells to smoking adults of legal smoking age, who own and can purchase with a credit card. If you are under the legal smoking age, GEMSTX.com and its affiliates will refuse service, terminate all of your accounts, remove or edit content, or cancel orders immediately.

LINKS FROM THIS WEBSITE

We do not monitor or review the content of other party’s websites which are linked to or from this website. Opinions expressed or materials appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. GEMSTX will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

PRICING

The prices displayed on GEMSTX.com for products represent the suggested retail price. After approval and logging in as a wholesaler or distributor, you will see confidential tiered wholesale pricing. Where an item is offered for sale by one of our merchants, independent sales representative or distribution agents, that merchant may provide the price. If you purchase through a third-party different from GEMSTX LLC, your only remedy is to contact the third-party to settle any dispute.

RISK OF LOSS

All items purchased from GEMSTX LLC or sales/distribution agents are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

GEMSTX LLC products, this website and all information, content, materials, products, software and services included on or otherwise made available to you through this website are provided by GEMSTX LLC or its affiliates on an “as is” basis, unless otherwise specified in writing. GEMSTX LLC and its affiliates make no representations or warranties of any kind, express or implied, as to the products or the operation of this website or the information, content, materials, products, software or services included on or otherwise made available to you through this Site, unless otherwise specified in writing. You expressly agree that your use of GEMSTX LLC products or this website is at your sole risk.

To the full extent permissible by applicable law, GEMSTX LLC and its affiliates disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. GEMSTX LLC and its affiliates do not warrant that GEMSTX LLC products; this website; information, content, materials, products, software, or services included on or otherwise made available to you through this site; their services; or email sent from GEMSTX.com are free of defects, viruses or other harmful components. Neither GEMSTX LLC nor and its affiliates will be liable for any damages of any kind arising from the use of GEMSTX LLC products, this website or from any information, content, materials, products, software or services included on or otherwise made available to you through this website, including but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

GEMSTX LLC reserves the right to change any and all content contained on this site at any time without notice.

APPLICABLE LAW

By visiting GEMSTX.com, you agree that the laws of the United States and of the State of Nevada, without regard to principles of conflict of laws, will

govern these Website Terms & Conditions of Use and any dispute of any sort that might arise between you, GEMSTX LLC or its affiliates.

SEVERABILITY

If any provision of these Terms are deemed unlawful, unenforceable or voided then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

DISPUTES

Any dispute relating in any way to GEMSTX LLC, your visit to www.GEMSTX.com or to products you purchase through this website or its affiliates shall be submitted to confidential arbitration in Las Vegas, Nevada. All disputes will be construed, interpreted, and governed by the state of Nevada except that, to the extent you have in any manner violated or threatened to violate GEMSTX LLC’s intellectual property rights, GEMSTX LLC may seek relief in any State or Federal Court and you consent to exclusive jurisdiction and venue in said courts. Arbitration under this agreement shall be conducted under the rules of the American Arbitration Association and all decisions and/or awards shall be binding and enforceable in a court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

TERMS & CONDITIONS FOR DELIVERY

GEMSTX LLC is not responsible for product that has been dispatched successfully, but for whatever reason does not arrive at its intended destination. In such cases GEMSTX LLC reserves the right to use discretion whether to re-dispatch a replacement order at no extra postal cost to the customer.

Please allow 3 – 7 working days for delivery on all retail orders from our website. GEMSTX LLC aims to dispatch orders from its warehouse within 24 hours. GEMSTX LLC does not dispatch on Saturday or Sundays. Orders made on a Friday will be usually dispatched by the following Monday. For larger wholesale orders, please allow additional time for handling and delivery.

COMPLIANCE WITH APPLICABLE LAWS; EXPORT CONTROL LAWS

Visitor and/or user access to this website is governed by all applicable federal, state, and local laws. All information available on this website is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. Underage sale prohibited, not intended for use by persons under the legal smoking age.