Terms of Use
Web Site Terms of Use
Welcome to the GEM Buildings, Inc. ("GEM") website "GEMBUILDINGS.COM" (the "Site").
TERMS OF USE
GEM maintains this site to provide information about its services. Your use of this site is governed by these Terms of Use, so please read them carefully. By using this site you acknowledge that you have read these Terms of Use and that you accept them, as they may be modified from time to time, as posted on this site. When GEM makes such a modification, we will post a revised version of these Terms of Use on this site. Changes are effective when posted.
GEM is not required to provide notification that it has made any such change. It is your responsibility to review these Terms of Use from time to time to be aware of any changes. Your continued use of the site or the services of GEM indicates your agreement to any such change. We reserve the right to add to, remove, change, or terminate access to any of the content or functions of the site without giving specific notice. We reserve the right to discontinue services and products, and to alter pricing without notice. If you do not agree to the Terms of Use, you should not use this site.
OWNERSHIP AND USE OF SITE MATERIALS
The Site contains information, data, logos, graphics, images, photographs and other elements and materials (collectively, "Materials") that are owned by and are the copyrighted works of GEM or its third party providers. GEM also owns a copyright in the selection and arrangement of the Materials. Except as stated herein, you may not use, copy, reproduce, modify, create derivative words from, distribute, republish, download, display, post or transmit in any form or by any means, including electronic, mechanical, photocopying, recording or other means, any Materials without the prior written permission of GEM. Any unauthorized use of any Materials contained on this Site may violate copyright, trademark, privacy, publicity or communications laws and regulations.
GEM hereby grants you permission to copy, print and download Materials on this Site on an occasional and irregular basis, provided that: (1) all the copyright and other proprietary notices appear in the copied, printed and downloaded version of the Materials; (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer, broadcast in any media or used for commercial gain; and (3) the Materials are not modified in any way.
COPYRIGHTS AND TRADEMARKS
(For Trademark & Service Mark Definitions and/or Usage Guidelines see Appendix A, attached hereto and incorporated herein by reference as though fully set forth herein)
Copyright of Site Content. All site content, including but not limited to, text, graphics and layouts, is the property of GEM and is protected by United States and international copyright laws. No portion of this site may be reproduced, copied, sold, visited, or otherwise used for any commercial purpose without the express written consent of GEM. The content of this site may be printed, copied, viewed, downloaded, saved to disk for private use and otherwise used solely for personal informational purposes, providing embedded copyright
notices are NOT removed from the images. No site content may be altered in any way.
Trademarks. GEM, "BUILD DIFFERENT", and their logos are Trademarks, service marks ("Marks") of GEM and are protected by United States Trademark laws and by state laws. These marks may not be used or altered without the written consent of GEM.
Other product names, company names, marks, logos and symbols may be the trademarks of its third party providers or other third parties. You are not permitted to use the Marks without the prior written consent of GEM or such third party that may own the Marks.
ON-LINE CONDUCT
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, disable, overburden, or impair any GEM server, or the network(s) connected to any GEM server, or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any GEM server or to the Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree that GEM would be irreparably harmed by the use, by you or others, of the Site or facilities in connection with the transmission of spam newsgroup postings or unsolicited e-mail in violation of these Terms of Use, and that GEM is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). GEM reserves the right to block, filter or delete unsolicited e-mail. You may not use the Site to collect personal information about users or transmit through or post on the Site any unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful or any racially, ethnically or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate applicable laws.
LINKS TO THIRD PARTY SITES
Not Responsible for Links. This site contains links to and from other Internet sites.
This Site also contains links to websites controlled by parties other than GEM. GEM does not endorse and is not responsible or liable for the contents or use of these third party sites. These sites are independent of GEM, and GEM has no control over, or responsibility for, the content, functioning, operation, policies, or availability of such sites. GEM is providing these links to you only as a convenience.
TERMINATION OF ACCESS
GEM may cease operating the Site or terminate your access to all or part of the Site, without notice, at any time, for any reason.
Comments Become Property of GEM. Any feedback or suggestions, written or oral, directed to GEM or this site becomes the property of GEM. GEM shall enjoy a nonexclusive, royalty-free, perpetual,
irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant GEM the right to use the name that you submit in connection with such content, if it chooses to do so. No feedback, suggestions or commentary of any kind will be treated as confidential without a prior, written statement from GEM. Should you desire confidential treatment of feedback or suggestions, please write or email GEM at GEMBUILDINGS.COM.
DISCLAIMERS RESPECTING SITE/ No Warranties Regarding this Site.
Disclaimer. GEM assumes no liability or responsibility for any errors or omissions in the content of this Web Site. GEM provides and maintains this site on an "AS AVAILABLE" basis GEM makes no representations or warranties of any kind, express or implied, as to the operation or availability of this site. GEM also does not make any warranty of the site as to accuracy, completeness, adequacy, suitability or non-infringement, concerning this website or the information or materials it contains. GEM specifically disclaims any duty to update the information on this site. You expressly agree that your use of this site is at your sole risk.
THE SITE AND MATERIALS MAY BE DISTRIBUTED INTERNATIONALLY AND MAY CONTAIN REFERENCES OR CROSS-REFERENCES TO GEM PRODUCTS, PROGRAMS, AND SERVICES THAT HAVE NOT BEEN ANNOUNCED OR AVAILABLE IN YOUR COUNTRY. SUCH REFERENCES DO NOT IMPLY THAT GEM INTENDS TO ANNOUNCE SUCH PRODUCTS, PROGRAMS, OR SERVICES IN YOUR COUNTRY.
THE SITE AND MATERIALS ARE PROVIDED "AS IS," AND THE USE OF THE SITE AND MATERIALS IS AT YOUR SOLE RISK. GEM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE, THE OPERATION OF THE SITE, THE MATERIALS OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. GEM HEREBY DISCLAIMS, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES AND GUARANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
GEM DOES NOT REPRESENT OR WARRANT THAT ANY PRICING, PRODUCT OR OTHER INFORMATION ACCESSIBLE ON OR THROUGH THIS INTERNET SITE IS ACCURATE, COMPLETE OR CURRENT, AND ALL INFORMATION, INCLUDING PRICES AND AVAILABILITY, IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE TO USER AND WITHOUT UPDATING THE INFORMATION ON THE SITE.
Disclaimer of Warranties. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GEM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
GEM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM GEM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT GEM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ALLEGEDLY ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, WITHOUT REGARD TO THE THEORY OF LIABILITY ASSERTED.
GEM IS NOT LIABLE FOR ANY CLAIM BY ANY THIRD PARTY NO MATTER WHAT THEORY OF LIABILITY IS ASSERTED. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF ANY PRODUCT OR SERVICE, GEM IS NOT LIABLE OR RESPONSIBLE FOR ANY CLAIMED DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT OR SERVICE. SOME STATES 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; HOWEVER THE INTENT OF GEM IS TO LIMIT ITS POTENTIAL LIABILITY TO THE MAXIMUM EXTENT ALLOWED BY LAW.
INDEMNIFICATION BY SITE USER
You agree to hold GEM and its affiliates harmless from and indemnify them against any claims by you or third parties based on or related to your on-line actions or your use of the Site or the Materials and all damages, costs and expenses relating thereto.
PRIVACY POLICY
GEM respects your desire for privacy. By using this Site, you are consenting to the processing of your data by GEM and its affiliates and consenting to the terms of our Privacy Policy.
CHANGES TO SITE OR TERMS OF USE
GEM may make improvements or changes to the Site or to the products, services, programs and prices described on this Site at any time without notice. GEM may revise these Terms of Use at any time, without prior notice, by posting the revision or the revised Terms of Use on the Site; any revision is effective upon your accessing this Site.
LOCAL LAWS; EXPORT CONTROL
GEM makes no representation that the Site or the Materials are appropriate or available for use outside the USA . If you use this Site from locations outside the USA , you are responsible for compliance with USA and foreign export and import laws and regulations and all applicable local laws. All marketing or promotional materials found on this Site are directed solely to individuals and entities located in the USA .
SUBMISSIONS
GEM welcomes your comments and feedback regarding our Site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, questions, feedback, information or other materials you submit to GEM through or in connection with this Site ("Submissions") shall be considered non-confidential and GEM's property. No compensation will be paid with respect to the use of your Submission, as provided herein. GEM shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you, not GEM, have full responsibility for the Submissions, including their accuracy, legality, reliability, appropriateness, originality and copyright.
RIGHTS AND REMEDIES OF GEM
You agree that GEM shall have all rights and remedies provided under these Terms of Use and under applicable law.
GOVERNING LAW; CHOICE OF FORUM
Venue for Legal Action. You agree that the exclusive jurisdiction and venue for any legal action in any way arising out of your use of this site, or these Terms of Use, the use of the Site and all orders and purchases, quotes or any other transaction of any kind, from GEM and other transactions conducted through the site or with GEM, shall be in the County or District Court of Box Elder County, or Brigham City, Utah, or if federal jurisdiction is mandatory, in the U.S. District Court for the District of Utah in Salt Lake City, Utah. You consent to such jurisdictions and venues and waive all objections to such courts based on jurisdiction, venue and inconvenience of the forum.
You agree that the maintenance of this site by GEM does not constitute the transaction of business in any state other than Utah . All purchases from GEM are subject to the Terms and Conditions on the contract, which are also posted on this website.
Severability. If any clause or provision of these Terms of Use is held to be invalid in whole or in part, then the remaining clauses and provisions, or portions thereof, shall be and remain in full force and effect.
Captions. The captions of each section are for convenience only and shall have no effect in the construction of any provision of these Terms of Use.
Waiver. Failure to insist upon strict compliance with any of the terms, covenants and conditions hereof shall not be deemed a waiver of such terms, covenants and conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. No waiver shall be valid unless in writing and signed by an authorized officer of GEM.
GENERAL
These Terms of Use represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications regarding the use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by GEM to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.
LEGAL CONTACT INFORMATION
If you have any questions about these Terms of Use, please contact GEM at the following address:
GEM BUILDINGS, 1025 N Watery Lane, Brigham City , Utah 84302
Attn: Hank Brown
