Terms and Conditions

TERMS OF USE POLICY

 

THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR

USE AND ACCESS OF THIS WEBSITE.  PLEASE READ CAREFULLY

EARTHSHINE GEMS (dba CRYSTAL GEMSTONE SHOP) is a website that provides products and services for sale.  EARTHSHINE GEMS, LLC, a Florida limited liability company (“COMPANY”) welcomes you to our website located at http://www.crystalgemstoneshop.com (the “Website”).  Please review the following terms and conditions that govern your access and use of our Website and the many features and tools located thereon (the “Agreement”). By accessing or using our Website, you acknowledge that you have read, understood, and agree to follow and be legally bound by the terms and conditions of this Agreement whether you are merely visiting the Website or are a registered member of the Website.  If you do not agree to follow the terms and conditions of this Agreement, do not use or continue to access the Website.

 Definitions

As used in this Agreement:

 “You”, “you”, “Your”, or “your” means a visitor, registered member, or user of the Website.

 “Merchant” means an unaffiliated third party who offers its products and/or services for sale on the Website.

 Purchasing

 For each product purchased on the Website, you agree to pay COMPANY the stated amount set forth on the Website for said product.  All monetary amounts referred to in this Agreement and posted or otherwise displayed on the Website shall be paid by you in lawful money of the United States via PayPal or major credit card.  

Crystals and gemstones are nature's true beauties, but they are not a substitute for seeking professional medical, legal, health, or financial advice.  Crystals and gemstones are to be used in conjunction with any professional care you are receiving and do not provide healing, cures, or other remedies modern medicine can provide.  The information provided in our listings with regard to the powers of crystals and gemstones are all derived from personal & professional experience with crystals & gems as well as ancient wisdom and texts documenting knowledge gained from civilizations around the world.  They are not backed by the FDA or scientific/government resources.  Our crystals & gemstones are not intended to diagnose, treat, prevent, or cure any disease or malady.  Our crystals and gemstones are also not a replacement for seeking professional legal advice, financial advising, or any other field of professional expertise.  Crystals and gemstones are intended to be appreciated for their natural power and beauty, and used alongside modern, professional methods.

Products sold by Crystal Gemstone Shop are intended for adult collectors of crystals and gemstones; children should only work with crystals and gemstones with adult supervision.

 Please review our Return, Exchange, and Cancellation policy.

 Your purchase of a product on this Website is subject to the terms and conditions of this Agreement.  Your use and purchase of a product on this Website is at your sole and absolute risk and discretion.  COMPANY makes no representations or warranties concerning your use of a product purchased from this website.

III.       Ownership Of Website Contents; Downloading

Unless otherwise noted, all text, logos, page headers, scripts, images, illustrations, designs, icons, photographs, video clips, and other materials that are part of this Website (collectively, the “Contents”), are copyrighted works, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by COMPANY.  The Website as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by COMPANY.  Other trade names, copyrighted material, and trademarks contained on the Website appear with the permission of their respective owners.

You may download or copy the Contents and other downloadable materials displayed on the Website for your use only in connection with the many interactive features of our Website and for your personal, non-commercial use; provided, however, that you shall not remove any copyright or other proprietary notices contained on said materials. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, frame, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way, in whole or in part, any of the Contents, the Website, or any related software without the express written consent and approval of COMPANY.

Registration, Control and Content Of User Information

Membership in the Website is void where prohibited.  Upon registering with the Website, you agree to provide accurate, current and complete information about you as requested in our registration form.  You further agree that by registering with the Website, COMPANY may send you emails concerning its or its affiliated partners newsletters, promotions, sales, updates and other information.  Please read our privacy policy regarding how to opt-out of receiving such communications from us and our partners. 

You are prohibited from engaging in the following conduct in connection with your use and access of the Website:

  • Data mining, harvesting, or collecting email addresses or other personal identifiable information of other users of the Website by any method or means for the purpose of sending unsolicited emails or other unsolicited communications.
  • Any use or access of the Website that may cause damage, harm, disablement, or overburden of the Website.
  • Impersonating any person or entity, or misrepresenting or falsifying any information provided to COMPANY by you.
  • Using or attempting to use another member’s account without the consent of that member or by COMPANY.

User Comments, Feedback, Postcards And Other Submissions

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to COMPANY on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, “Comments”) shall be and remain the property of COMPANY.

You agree that COMPANY may use or disclose information about you and your use of the Website in accordance with our privacy policy.

You agree that COMPANY is free to use, without your consent, restriction and compensation to you, any ideas, concepts, know-how, suggestions, or techniques contained in any Comments you send to the Website for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products or services using such information.

COMPANY has no obligation to respond to any Comments. You agree that Comments submitted by you to the Website will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).

Disclaimers

Links To Third Party Websites And Services:  COMPANY does not control the availability or content of any third party websites, services, or resources to which this Website may link. Concerns regarding any such service, resource, or link should be directed to the particular third party.  COMPANY does not endorse, sanction, or verify websites that link to the Website, even if the logo or mark of COMPANY is used as part of the link to this Website.

B. Content:   While COMPANY makes a commercially reasonable effort to include accurate and up-to-date information on the Website, COMPANY makes no warranties or representations of any kind as to the accuracy, timeliness, or completeness of any information or data presented at the Website by COMPANY or any other party.  COMPANY assumes no liability or responsibility for any errors or omissions in the content on the Website.

Limitation of Liability:  THIS WEBSITE AND ALL CONTENTS OF THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR WEBSITE.  COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR DATA) ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE WEBSITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE TO INDEMNIFY AND HOLD COMPANY HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, JUDGMENTS, DAMAGES, ATTORNEYS FEES AND OTHER EXPENSES OF EVERY KIND OR NATURE BASED UPON, ARISING FROM OR RELATED TO YOUR USE AND ACCESS OF THIS WEBSITE. NOTWITHSTANDING THE FOREGOING, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY.

 COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR DATA, FILES, NETWORK, INFORMATION SYSTEMS, COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE, WHETHER THROUGH INFECTION BY A VIRUS OR OTHERWISE.

D. Children:  COMPANY is committed to providing you with a safe online experience through the use of several safety and precautionary features, tools, and technology.   The information and services provided on the Website by COMPANY, its affiliates, sponsors, and advertisers are not intended to be viewed by children under 13 years of age.  COMPANY maintains strict policies concerning visitors to its site that it knows are children under 13 years of age.  Products sold by Crystal Gemstone Shop are intended for adult collectors of crystals and gemstones; children should only work with crystals and gemstones with adult supervision. These policies are contained in our privacy policy.  

 

VII.     Termination

            This Agreement is effective unless and until terminated by either you or COMPANY. You may terminate this Agreement at any time upon delivery of written notice to COMPANY, provided that any such termination will have no effect on your liability as a result of your use of the Website and for all amounts owing to COMPANY as of the date of such termination. COMPANY may also terminate this Agreement at any time upon delivery of written notice to you, and may do so immediately without notice, if in COMPANY’s sole and absolute discretion, you fail to comply with any term or provision of this Agreement or COMPANY’s policies. Further, COMPANY reserves the right, without prior notice and in its sole and absolute discretion, to change, suspend, discontinue or limit your access to any aspect of the Website at any time that COMPANY has reason to believe that you have violated the terms and conditions of this Agreement. 

            Upon termination of this Agreement by either you or COMPANY, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

VIII.    General Provisions

Severability:  If any provision of this Agreement is deter­mined by a court of competent jurisdiction to be invalid or unenforce­able, such determination shall not affect the validity or enforceability of any other part or provision of this Agreement.

Waiver:  The waiver by COMPANY of any breach of any provi­sion of the Agreement by you shall not be construed to be either a waiver of COMPANY’s rights regarding any succeeding breach of any such provision by you or a waiver of the provision itself.

Entire Agreement:  This Agreement constitutes the entire agree­ment between you and COMPANY with respect to this subject matter and super­sedes all previous proposals, both oral and written, negotiations, representations, commitments, writings and all other communications between you and COMPANY. 

Choice of Law and Jurisdiction:  Unless otherwise specified, this Website and the Contents thereof are displayed solely for the purpose of promoting products and services available in the United States. This Agreement shall be construed in accordance with the laws of the State of Florida, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state or federal courts of the State of Florida. You hereby expressly agree to submit to the personal jurisdiction of such courts in Florida and waive any objections to the venue in such courts.

Modifications:  COMPANY may from time to time change the terms and conditions that govern your use and access of our Website. COMPANY will post these changes in this Agreement.  Your use and access of our Website following any such change constitutes your agreement to follow and be legally bound by the terms and conditions as modified.  COMPANY may change, move, or delete portions of the Website, or may add to the Website from time to time.

 Assignment:  In the event that COMPANY may wish to assign or transfer your personal information and its rights hereunder to a third party, you agree that COMPANY may do so, on the condition that such third party agree to abide by COMPANY’s then current privacy and security policies.

 Time is of the Essence.  Time is of the essence for any and all of your rights and obligations as set forth in this Agreement.

 Prevailing Party.  In any litigation, including breach, enforcement or interpretation, arising out of this Agreement, the prevailing party in such liti­gation shall be entitled to recover from the non‑prevailing party reasonable attorney’s fees, costs and expenses through all levels of proceedings.

Please Contact Us

            COMPANY is always happy to listen to your comments, and answer your questions. You may contact us by sending an email to admin@crystalgemstoneshop.com

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED THEREIN