Last Updated Mar 19, 2019
Welcome to Gemr!
Gemr, Inc. (“Gemr”, “we,” ”us,” “our”) is a marketplace and community platform where people from around the world can connect and buy and sell unique goods. Our policies are designed to create a safe and fair environment for all Gemr members (“Member(s),” “you,” “your(s)”). You can use Gemr to encourage new collectors, share and discuss ideas, and buy and sell items online. Learning what’s allowed can help you avoid unintentionally breaking the rules and helps everyone in encouraging reliable and trustworthy Members.
By indicating your acceptance of these Terms, you represent that you have read and agree to be bound by them and all other Gemr policies governing the use of the Site.
We may update these Terms from time to time. If you are a registered Member, we will attempt to inform you of any material changes by notification to the email address you have provided during the registration process. Otherwise, you may view the most recent Terms on the Gemr website and/or mobile application. Your continued use of the Site after we have posted updated Terms will constitute your acceptance of and agreement to be bound by the updated Terms.
REGISTRATION; ACCOUNT SECURITY
You must be 18 years of age or older to register with and use the Site. By registering for and using the Site you affirm that you are 18 years of age or older. [If you are between 13 and 18 years of age and wish to use the Site, your parent or guardian must contact us at the address listed at the bottom of these Terms in order to receive instructions on how to provide us with consent for you to use the Site. We reserve the right to restrict access to the Site by anyone under age 18 in our sole discretion, even if we have obtained appropriate consent. No one under age 13 will be permitted to use the Site under any circumstances.] You agree to provide accurate, current, and complete information during the registration process, including your real name and contact information. We reserve the right to refuse registration for any reason at our sole discretion.
Upon registration, you will select a unique username and password. You are responsible for maintaining the security and confidentiality of your username and password. You are further responsible for any and all activity on your account. You agree to notify us in writing immediately if you suspect any unauthorized use of or access to your account. Gemr will not be liable for any loss or damage to you or to any third party arising from unauthorized access to or use of your account caused by your failure to comply with this provision.
CONDITIONS OF USE/Translations
Conditioned on your compliance with these Terms, we grant to you a personal, limited, nonexclusive, nontransferable and revocable license to use the Site. We or our licensors own and reserve all right, title and interest in and to the Site (other than your Member Content), including all copyrights, trademarks, and other intellectual property rights (“Gemr Content”), and no such right, title or interest is transferred to you except for the limited license granted above.
As a condition of the license granted to you to use the Site, you agree that you will not use the Site in any manner or for any purpose that violates any applicable law, regulation, or these Terms. Without limiting the foregoing condition, you specifically agree that you will not (i) access or attempt to access any account or content that you are not authorized to access, (ii) modify or attempt to modify the Site in any manner or form, (iii) impair the Site or any other person’s use or enjoyment of the Site or of any goods procured through the Site, including but not limited to, by introducing or transmitting any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any portion of the Site, or by burdening network capacity, (iv) use automated means, including spiders, robots, crawlers, data-mining tools, or the like to access, download or monitor data from the Site, or (v) sublicense, sell, resell, or otherwise convey the Site, the Gemr Content, or any elements thereof.
INTERACTIONS WITH MEMBERS
What We Do
Through the Site, we provide a platform for facilitating the purchase and sale of products between Members.
What We Don’t Do
We do not actively participate in any transactions, and we do not verify or guarantee the truth or accuracy of any information posted by any Member with regard to the existence, availability, authenticity, quality, or value of any item offered through the Site. We do not and cannot guarantee that transactions entered into between Members will be completed.
If you have a problem with a transaction conducted through the Site and are unable to reach a resolution with the Member in question, you may contact us at the address listed below and our support team will attempt to resolve the issue. YOU AGREE TO BE BOUND BY ANY DECISION(S) THAT THE GEMR SUPPORT TEAM COMES TO WITH REGARD TO SUCH DISPUTES.
You agree that you are solely and exclusively responsible for, must evaluate and make your own judgment about, and bear all risks associated with (i) your interactions with other Members, whether online or in person, and (ii) your purchase, sale, and use of any products made available by Members.
You acknowledge that we do not screen or investigate the background of any Members, nor do we verify or otherwise warrant the accuracy of any representations or statements made by any Members to you or others regarding products for sale. Your dealings with Members, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Member exclusively and do not involve Gemr. It is your sole responsibility to make whatever investigation and take whatever precautions you deem necessary or appropriate prior to interactions and transactions with other Members, whether online or in person. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE BACKGROUND OR CONDUCT OF ANY MEMBER, AND OUR LIABILITY IS LIMITED AS SET FORTH IN THE LIMITATIONS ON LIABILITY SECTION, BELOW.
INTELLECTUAL PROPERTY RIGHTS & RESTRICTIONS
The Site and Our Content
Gemr, the Site, and all elements thereof are owned by us and our licensors, and may be protected by copyright, trademark, patent, trade secret, and/or other laws. We and our licensors own and retain all rights, including the worldwide copyright and trademark, in all elements of the Site solely and exclusively, for the duration of such rights in each country, in all languages, and throughout the world.
Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute, sublicense, sell, resell or otherwise convey, or create derivative works based on the Site, any Gemr Content, or any elements thereof, without our prior written permission. Any unauthorized use of the Site or any Gemr Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
GEMR, the Gemr logo, AtticGem are trademarks or registered trademarks of Gemr, Inc. All other trademarks or registered trademarks used on the Site are the property of their respective holders. The use of company names, product names and logos or images on the Site does not necessarily constitute an endorsement of the named company or products by Gemr.
All content you post to the Site, including but not limited to text, images, photographs, Crowdscore entries, and Favs, will be deemed “Member Content”. We claim no ownership of any intellectual property rights to Member Content. To the extent that you own the rights to Member Content, you retain those rights solely and exclusively.
By posting Member Content on the Site, you grant us a world-wide, royalty free and non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, publicly perform and/or display in any format or medium, with full right of sublicense, such Member Content on and through the Site, and you represent and warrant to us that you have all rights necessary in and to such Member Content to allow you to post such Member Content and to grant us the foregoing license. You may terminate this license at any time by deleting your Member Content from the Site or cancelling your account. That termination will not apply, however, to any Member Content that is already in use by Gemr in any promotional or marketing materials at the time of termination.
You may not post any Member Content that violates any applicable laws, rules, policies or regulations, or any content that, in our sole judgment, is contrary to any of our policies or is otherwise objectionable or which restricts or inhibits any other person from using or enjoying the Site.
You acknowledge and agree that we may (but have no obligation to) review and revise or delete any Member Content, message, or other material posted to or sent through the Site that we in our sole discretion determine is in violation of these Terms, might be offensive or illegal, or might harm, threaten the safety of, or violate the rights of other Members, users, persons or entities. We further reserve the right to refuse use of the Site or any other Service to anyone, for any reason. You remain solely responsible for Member Content posted or otherwise communicated by you, and the goods exchanged by you, through the Site.
You are solely responsible for creating backup copies of and replacing your Member Content.
You and Gemr may enter into certain written agreement(s) concerning elements of the Site, additional services made available by Gemr from time to time, and/or your use thereof (the “Additional Terms”). Any such agreement(s) shall be in writing, expressly refer to being additional terms to these Terms and signed by both you and an authorized representative of Gemr. The Additional Terms will be incorporated into these Terms, and any such additional services shall be included in the definition of “Site” in these Terms unless expressly stated otherwise in the Additional Terms. If there is any contradiction between any Additional Terms and these Terms: (i) the Additional Terms shall control only in relation to the elements of the Site, the additional services and/or your use thereof that are expressly specified in any such Additional Terms; and (ii) these Terms shall control in relation to all other elements of the Site, such additional services and/or your use thereof.
You are free to post and delete your Content at any time. Upon such deletion, Gemr typically will remove your deleted Content from its servers within a commercially reasonable time. You may not post any Content that violates any applicable laws, rules, policies or regulations. You hereby agree not to post anything on our Prohibited Item list as may be updated from time to time, on the Site and/or any content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying our Site.
You agree to use our Site at your own risk and that you are solely responsible for your use of the Site and for the Content that you post. It is your responsibility to ensure that any Content that you post on the Site does not hurt or offend anyone or violate any applicable laws, rules, policies or regulations. In no case will Gemr be liable for without limitation any statements, representations, Gemr Member or third party content on the Site, or in any public forum. Although we have no obligation to screen, edit or monitor any Gemr Member or third party content posted on the Site, we reserve the right, and have absolute discretion, to remove, screen or edit any such content posted or sotred on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any Content you post on our Site.
Translation: If you post it, it’s on you, and you don’t speak for Gemr… Oh, and please use your head!
BUYING AND SELLING
Selling on Gemr
As a seller on the Site, you are solely responsible for: (i) reviewing, understanding and adhering to these Terms and all applicable laws and regulations; and (ii) payment of any taxes associated with the sale of item(s) on the Site. Sellers may arrange to receive payment directly from buyers or accept payments via PayPal. Please visit the PayPal or Stripe website for more information. If you choose to receive payment directly from a buyer we recommend we recommend that you only accept verifiable, immediately-available or other trusted form of payment and that you do not accept personal checks.
Sellers must meet Gemr’s standards of customer service and honor their own transaction policies, including return policies, and shipping and fulfillment methods. When you sell an item to another Member, the listing will be automatically transferred to the other Member’s Gemr collection. After you’ve sold an item, you may leave a review detailing your experience with the buyer.
Customer Service Standards: By meeting Gemr’s standard of customer service, you will be able to provide the best experience for buyers. Failure to meet these standards may result in your listings being removed from the Site, and your selling or Gemr account privileges may be suspended and/or terminated. If Gemr removes your item listing for violating Gemr policy, you are still obligated to pay the listing fee for that item.
Our customer service standard requires that sellers:
- Honor shipping and processing times;
- Respond to messages in a timely manner;
- Explain their shop’s policies clearly and honor those commitments;
- Try to work out disagreements or disputes directly with the buyer. In the unlikely event that a resolution can’t be reached, contact the Gemr Support team;
- Notify the buyer immediately if an order cannot be completed or if the seller cancels an order;
- Fill out the seller’s shop’s “About Page” fully and accurately;
- Respect the intellectual property of others;
- Represent items fairly and accurately in listings and listing photos; and
- Do not engage in fee avoidance.
Product Listings and Fees: Product listings are text descriptions, pictures and/or graphic images of a Member’s items and collections for sale on the Site. There is no listing fee for placing an item for sale on the Site. Upon the successful sale of an item, however, Gemr charges the seller a fee of 1% of the total transaction (including shipping), plus Thirty Cents. For example, if you sell an item on Gemr for $100.00 excluding shipping. Upon the successful completion of that transaction, Gemr would receive $1.30 for that transaction.
Third Party Processing Fees: Please note that Gemr is not responsible for posting current third-party processor fee schedules. Please refer to the PayPal or Stripe websites to determine their current transaction fees. You are responsible for determining the total listing fees associated with transactions on the Site.
Foreign Transactions: Third-party processors have varying fee structures for transactions that involve Members that live outside of the United States. Please consult the applicable third-party’s policy for its foreign transaction fee structures. You are responsible for determining the total listing fees associated with transactions on the Site involving an individual, entity or organization outside of the United States.
Refunds: Gemr is not responsible for the refund policies of any third-party payment services including without limitation PayPal and Stripe.
Return Policy: As a seller on Gemr you are responsible for posting your own return policy and procedure. Your return policy should at a minimum include:
- Whether or not you accept returns and for what reason(s);
- Whether or not you will pay for return shipping;
- Whether or not you will deduct any fees for a return;
- A return window (e.g. the item may be returned within 30 days); and
- When any applicable refund will be issued.
Buying on Gemr
When you buy from a seller on Gemr, you’re directly supporting an independent person or business. Because each seller has unique policies regarding processing times and shipping methods, your experience will be different with each transaction. As a buyer on the Site you are solely responsible for: (i) reviewing, understanding and adhering to these Terms and all applicable laws and regulations; and (ii) payment of any taxes associated with the purchase of item(s) on the Site. If you have a question about an item you order, you should contact the seller directly. In the unlikely event that a transaction does not go as planned, the buyer and seller should work together to reach a resolution. If you can’t reach a resolution, contact our Gemr Support Team.
After you’ve purchased an item, you may leave a review detailing your experience with the seller.
Except as may be directed by our support team in resolving Member disputes, Gemr will not be responsible for facilitating any purchased item return(s).
If you buy an item from another Member, the listing will be automatically transferred to your Gemr collection and will be visible to other Members and the Internet.
Gemr is not obligated to monitor any Member Content on the Site for Prohibited Content (as defined below). Gemr reserves the right, however, to remove any Prohibited Content in our sole and absolute discretion. Such Prohibited Content will be removed from the Site, and the applicable Member’s selling or account privileges may be suspended and/or terminated. If Gemr removes an item listing for violating Gemr policy, the seller is still obligated to pay the listing fee for that item. Gemr is not responsible for assuring that items that you or any other Seller posts on the Site adhere to any applicable laws, regulations, Seller policies or these Terms. It is your responsibility to ensure that your use of the Site conforms with any such laws, regulations, policies and these Terms at all times.
“Prohibited Content” includes, without limitation, any items, listings or Member Content that is, features, includes, links to, or offers for sale:
- Anything in violation of applicable law;
- Tobacco and other smokable products, including “e-cigarettes” and similar devices and cartridges;
- Drugs, medical drug claims about an item, drug paraphernalia;
- Live animals;
- Items from certain animals, including, but not limited to, those animals deemed endangered or threatened under the US Endangered Species Act;
- Ivory or bones from ivory-producing animals such as whales or elephants (except for qualifying authentic articles of Native Alaskan craft as specified under section 10e of the US Endangered Species Act);
- Human remains or body parts (excluding hair and teeth);
- Weapons, including firearms and certain imitation firearms;
- Hazardous materials (for example: flammable, explosive, corrosive, or poisonous materials);
- Recalled Items (http://www.recalls.gov/);
- Real estate;
- Illegal, counterfeit, unauthorized replicas or stolen items;
- Anything that promotes, supports or glorifies hatred toward or otherwise demeans anyone based upon race, ethnicity, nationality, religion, gender, gender identity, age, disability, or sexual orientation; including without limitation terms or content that promote organizations with such views;
- Anything that promotes or supports illegal activity or instructs others to engage in illegal activity;
- Anything that promotes, supports or glorifies acts of violence or harm towards self or others;
- Counterfeit currency and stamps;
- Embargoed goods;
- Future event tickets;
- Government documents, IDs and licenses (Unless meet federal regulations);
- Slot machines
- Private information of any third-party, including addresses, phone numbers, email addresses, social security or other ID numbers, location information or similar information, and any other information defined as “personal,” “private,” or “sensitive” under applicable law; and
- Any other Member Content, item(s) or other materials that we determine are not within the spirit of Gemr, in our sole and absolute discretion.
REPRESENTATION AND WARRANTIES
You represent and warrant that your use of the Site will be in strict accordance with these Terms, and with all applicable laws, rules and regulations, including without limitation all tax, federal, state, local, provincial and international laws, rules and regulations applicable to your use of the Site and Member Content, including all copyright, patent and trademark laws.
By using the Site, you hereby represent and warrant that:
- You are at least 18 years old [or, if applicable, that you have provided consent and agreed to be responsible (in a form accepted by Gemr) for use of the Site by your child or ward who is between the ages of 13 and 18];
- You will use messaging to facilitate business;
- You will not impersonate, spam, intimidate or harass others;
- You will respect the privacy of others and, accordingly, you will not share private or personally identifiable information in public areas of the Site;
- You will not use any of the Gemr tools or features to purposefully harm or disrupt another Member’s business or reputation; bullying will not be tolerated; and
- Your Member Content does not and will not contain any Prohibited Content.
CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that anything made available via our Site infringes upon any copyright or other intellectual property right that you own or control, you may file a notification of such infringement with our Designated Agent at the address set forth below.
We do our best to ensure that the Site is accessible through as many mobile device platforms as possible. However, Gemr cannot and does not guarantee that our Site will be accessible through your mobile device.
Address of Designated Agent to Which Notification should be sent:
78 Technology Way
Nashua, NH 03060 USA
E-Mail Address of Designated Agent: email@example.com. To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work or other intellectual property claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity 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 the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright or other intellectual property owner, its agent or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice of a claim of copyright or other infringement to our Members by means of a general notice on our Site, electronic mail to a Member’s email address in our records, or by written communication sent by first-class mail to a Member’s address in our records. In accordance with the Digital Millennium Copyright Act and other applicable law, Gemr has adopted a policy of terminating, in appropriate circumstances, and at the sole discretion of Gemr, the right to access and use the Gemr Site for those Members who are deemed to be repeat infringers. Gemr may also, at its sole discretion, limit access to the Site and/or terminate the right of any Members to access and use the Gemr Site for the infringement of any intellectual property rights of others, whether or not there is any repeat infringement.
Gemr reserves the right, at its sole and absolute discretion, to temporarily or in perpetuity, change, modify, update, alter and/or cancel the Site or any portion thereof, without notice to you. Gemr will not be liable for any kind of damage or loss to you or to any third-party, stemming from any such changes, modifications, updates, alterations and/or cancelation of any of the Site or portion thereof.
Notwithstanding anything to the contrary in these Terms, we reserve the right, without notice, without liability to you and in our sole discretion, to terminate your account, membership, access to any portion of the Site and/or any of your rights under these Terms for any or no reason. Following any termination of your account and/or membership, we reserve the right to send a notice that you have been terminated to other Members with whom you have corresponded.
You agree to indemnify, defend, and hold harmless Gemr, Inc., its officers, directors, employees, agents and assigns for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) arising out of or relating to any actual or threatened claim or demand by any third-party arising out of or relating to (i) any intentional or willful violation by you of any rights of another or harm to another caused by you or any product you make available through the Site, (ii) any inaccurate or untruthful Member Content or other information provided by you to or made available through the Site, (iii) any violation by you of any of these Terms.
LIMITATIONS ON LIABILITY
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL GEMR BE LIABLE FOR ANY COST, EXPENSE, LOSS OR DAMAGE WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, , INCLUDING WITHOUT LIMITATION, DEATH OR BODILY INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF MONEY, GOODWILL, REPUTATION, PROFITS OR OTHER INTENGIBLE LOSSES, AND/OR ANY OTHER DAMAGES ARISING OUT OF, RELATING TO, OR RESULTING DIRECTLY OR INDIRECTLY FROM (I) THE CONDUCT OF ANYONE ELSE (INCLUDING YOU) IN CONNECTION WITH THE USE OF THE SITE, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER MEMBERS; (II) INTERACTIONS BETWEEN MEMBERS, WHETHER ONLINE OR OFFLINE, OR RELIANCE BY YOU OR OTHER MEMBERS ON THE AVAILABILITY OF THE SITE OR ON ANY INFORMATION OBTAINED THROUGH THE SITE; (III) MEMBER CONTENT, (IV) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OR USING THE SITE; (IV) GLITCHES, BUGS, ERRORS OR INACCURACIES OF ANY KIND ON THE SITE; (V) SUSPENSION, TERMINATION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT OR ANY OTHER MEMBER’S ACCOUNT; (VI) YOUR NEED TO MODIFY YOUR TRANSACTION POLICIES OR MEMBER CONTENT, OR YOUR LOSS OF OR INABILITY TO DO BUSINESS, AS A RESULT OF CHANGES TO THESE TERMS OR OUR POLICIES; IN EACH CASE REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, GEMR SHALL HAVE NO LIABILITY OF ANY KIND FOR ANY COST, EXPENSE, LOSS OR DAMAGE SUFFERED BY ANY PERSON OR ENTITY ARISING OUT OF OR RELATING TO ANY PRODUCT OR SERVICE NOT DIRECTLY PROVIDED BY GEMR ITSELF, INCLUDING BUT NOT LIMITED TO ANY PRODUCT MADE AVAILABLE FOR PURCHASE VIA THE SITE.
NOTWITHSTANDING THE FOREGOING, IN THE EVENT WE ARE FOUND TO BE LIABLE FOR ANY REASON, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) $100.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, AND TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, (I) THE SITE AND ANY OTHER SERVICES AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (EACH INDIVIDUALLY OR TOGETHER THE “SERVICES”) ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND; (II) WE DO NOT WARRANT THAT THE SITE OR ANY SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, ACCURACY, RELIABILITY, PERFORMANCE OR SECURITY OF THE SITE OR ANY SERVICES; (III) UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO ALL GEMR SITES AND SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND NONINFRINGEMENT OR CONDITION OF TITLE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES OR THE DISCLAIMER OF CERTAIN WARRANTIES. AS A RESULT, SUCH EXCLUSIONS AND WAIVERS MAY NOT APPLY TO YOU.
E-Mail Address of Designated Agent:
To be effective, the notification must be a written communication that includes the following:
DISPUTES / ARBITRATION
You and Gemr (each individually a “Party” and collectively the “Parties”) agree that any dispute relating to these Terms or your use of the Site will be resolved solely by the means set forth in this section. In the event that any such dispute arises, you agree to first contact Gemr directly, and the Parties agree to make a good faith effort to resolve the dispute. If the matter remains unresolved for sixty (60) days after your initial contact with Gemr regarding the dispute, the matter will be submitted to binding arbitration as follows:
Any dispute, claim or controversy arising out of or relating to the Terms or the breach, termination, enforcement, interpretation or validity of any of those, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Boston, Massachusetts before one arbitrator. Either Gemr or you may commence the arbitration process called for in this Section by filing a written demand for arbitration with JAMS, with a copy to the other party. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, each as in effect at the time of filing of the demand for arbitration. Each party will cooperate with JAMS and with the other party in selecting an arbitrator from JAMS’s panel of neutrals, and in scheduling the arbitration proceedings. Each of you and Gemr agrees that it will participate in the arbitration in good faith. The costs of the proceedings (including attorneys’ fees and costs on a full indemnity basis or otherwise) shall be borne in the manner determined by the arbitrator. The provisions of this Section may be enforced by any court of competent jurisdiction. In the event of any procedural matter not covered by the relevant JAMS rules, the procedural law of the Commonwealth of Massachusetts shall govern. The parties acknowledge and agree that their obligations under this arbitration provision survive and will continue to bind them after Termination. Judgment on the arbitration award may be entered in any court having jurisdiction. This Section won’t preclude either party from seeking equitable relief or provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties shall maintain the confidential nature of the arbitration proceeding and the arbitration award, including the hearings and filings, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy or unless otherwise required by law or judicial decision.
GOVERNING LAW / FORUM
Any dispute arising under or in connection with this Agreement or related to any matter that is the subject of this Agreement shall be governed by, and construed in accordance with, the substantive laws of the State of New Hampshire, USA, without regard to its conflict of laws principles. You agree that any claim or dispute you may have against Gemr must be resolved by a court located in Rockingham County, New Hampshire, except as otherwise agreed by the Parties or as described in the Arbitration paragraph above. You agree to submit to the personal jurisdiction of the courts located within Rockingham County, New Hampshire for the purpose of litigating all such claims or disputes. In addition to any other relief awarded, the prevailing Party in any action arising out of this Agreement shall be entitled to its reasonable attorneys’ fees and costs.
These Terms, and any updates thereto, will constitute the entire agreement between you and Gemr concerning the Site and supersedes all prior understandings, agreements and documentation relating to such subject matter. Gemr’s failure to strictly enforce any provision of these Terms will not constitute a waiver of any such provision. If a court of competent jurisdiction deems any provision of these Terms invalid, the invalidity of such provision will not affect the validity of the remaining provisions of the Terms, which will remain in full force and effect.
If you have any questions about these Terms of Service or anything else, please contact Gemr, Inc. at:
78 Technology Way,
Nashua, NH 03060 USA
Email address: firstname.lastname@example.org