By accessing and placing an order with GEMSO, you confirm that you agree to and are bound by the terms of service contained in
the Terms and Conditions described below. These terms apply to the entire website and to any email or other
communication between you and GEMSO.
Under no circumstances shall the GEMSO team be liable for any direct, indirect, special, incidental or
consequential damages, including, but not limited to, loss of data or profit arising out of the use of, or inability to use, the
materials on this site, Even if the GEMSO team or an authorized representative have been informed of the possibility of
such damage. If your use of materials on this site results in the need for servicing, repair, or disposal of equipment or
data, you assume the costs thereof.
GEMSO will not be responsible for any results that may occur during the course of using our resources. We
reserve the right to change prices and revise the resource use policy at any time.
GEMSO grants you a limited, non-exclusive, non-transferable, revocable license to download, install and use the Platform
strictly in accordance with the terms and conditions of this Agreement.
These Terms and Conditions are a contract between you and GEMSO (referred to in these Terms and Conditions as
"GEMSO", "we", or "our"), the provider of the GEMSO website and the services accessible from the GEMSO website
(collectively referred to in these Terms and Conditions as the "GEMSO Service").
You agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use
the GEMSO Service. In these Terms and Conditions, "you" refers to both you as an individual and the entity
you represent. If you violate any of these Terms and Conditions, we reserve the right to terminate your account or block access
to your account without notice.
To help explain things as clearly as possible in these Terms and Conditions, whenever any of these terms are referenced, they are strictly defined as:
You agree not to and will not allow others to:
Thank you for shopping at GEMSO. We appreciate the fact that you like to buy the things we build. We also want
to make sure you have a rewarding experience as you browse, review, and purchase our products.
As with any shopping experience, there are terms and conditions that apply to transactions on
GEMSO. We will be as brief as our attorneys allow. The main thing to remember is that by ordering
or making a purchase from GEMSO, you agree to the terms along with GEMSO's Privacy Policy.
If you are not satisfied with any goods or services we provide, please contact us, and
we will discuss any issues you are experiencing with our product.
Any comments, ideas, improvements, or suggestions (collectively, "Suggestions") that you provide to GEMSO with
respect to the Platform shall remain the sole and exclusive property of GEMSO.
GEMSO shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and
in any manner without any credit or compensation to you.
We have updated our Terms and Conditions to give you complete transparency about what is set when you visit our site and how it is used. By using our platform, registering an account or making a purchase, you hereby agree to our Terms and Conditions.
These Terms and Conditions apply only to the Services. The Services may contain links to other websites that GEMSO does not operate or control. We are not responsible for the content, accuracy, or opinions expressed on such websites, and such websites are not investigated, monitored, or checked for our accuracy or completeness. Remember that when you use a link to go from the Services to another website, our Terms and Conditions are no longer in effect. Your browsing and interaction on any other website, including those linked to on our platform, is subject to that website's own rules and policies. These third parties may use their own cookies or other methods to collect information about you.
GEMSO uses "cookies" to identify the areas of our website that you have visited. A cookie is a small piece of data that is stored on your computer or mobile device by your web browser. We use cookies to improve the performance and functionality of our platform, but they are not essential for its use. However, without these cookies, certain features ciertas funciones, como los videos, no estén disponibles o se le solicitará que ingrese sus datos de inicio de sesión cada vez you visit the platform as we would not be able to remember that you were previously logged in. Most web browsers can be set to disable the use of cookies. However, if you disable cookies, you may not be able to access the functionality of our website correctly or at all. We never place personally identifiable information in cookies.
You acknowledge and agree that GEMSO may stop providing (permanently or temporarily) the Service (or any
feature within the Service) to you or users generally, at GEMSO's sole discretion, without notice. You may
stop using the Service at any time. You do not need to specifically inform GEMSO when you stop
using the Service. You acknowledge and agree that if GEMSO disables access to your account, you may not be able to access
the Service, your account details, or any files or other material contained in your account.
If we decide to change our Terms and Conditions, we will post those changes on this page and/or update
the Terms and Conditions modification date below.
GEMSO reserves the right to modify, suspend or interrupt, temporarily or permanently, the platform or any service to which it connects, with or without prior notice and without liability to you.
GEMSO may sometimes provide improvements to the features/ functionality of the Platform, which may
include patches, bug fixes, updates, enhancements, and other modifications ("Updates").
Updates may modify or remove certain features and/or functionality of the Platform. You agree that
GEMSO is under no obligation to (i) provide Updates, or (ii) continue to provide or enable particular features
and/or functionality of the platform to you.
You further agree that all Updates will (i) be considered an integral part of the platform and (ii) be subject to the
terms and conditions of this Agreement.
We may display, include, or make available third-party content (including data, information, applications, and other
product services) or provide links to third party websites or services ("Third Party Services").
You acknowledge and agree that GEMSO shall not be responsible or liable for any Third Party Services, including their accuracy, completeness,
timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect
thereof. GEMSO does not assume and shall not have any obligation or liability to you or any other person or entity for
the Third Party Services.
Third Party Services and links to them are provided solely as a convenience to you and you access and
use them entirely at your own risk and subject to the terms and conditions of such third parties.
This Agreement will remain in effect until terminated by either you or GEMSO.
GEMSO may, in its sole discretion, at any time and for any or no reason, suspend or terminate this
Agreement with or without notice.
This Agreement will terminate immediately, without notice from GEMSO, in the event you fail to comply with any
provision of this Agreement. You may also terminate this Agreement by deleting the Platform and all copies of this Agreement
from your computer.
Upon termination of this Agreement, you must stop using the Platform and delete all copies of the Platform from your
computer.
Termination of this Agreement shall not limit any of GEMSO's rights or remedies at
law or in equity for your breach (during the term of this Agreement) of any of your obligations under this
Agreement.
If you are the copyright owner or the copyright owner's agent and you believe that any material on our Platform constitutes infringement of your copyright, please contact us and provide the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, phone number, and email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owner(s); and (e) a statement that the information in the notification is accurate and, under penalty of perjury, you are authorized to act on the owner's behalf.
You agree to indemnify and hold harmless GEMSO and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) from any claim or demand, including reasonable attorneys' fees, due to or arising out of of your: (a) use of the Platform; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The Platform is provided to you "AS IS" and "AS AVAILABLE" with all faults and defects without warranty of
any kind. To the maximum extent permitted by applicable law, GEMSO, on its own behalf and
on behalf of its affiliates and their respective licensors and service providers, expressly
disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Platform, including all implied warranties of merchantability,
fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of
performance, use, or trade practice. Without limitation to the foregoing, GEMSO makes no warranty or commitment, and
makes no representation of any kind, that the Platform will meet your requirements, achieve its intended results, be
compatible, or work with any other software, websites, systems, or services. , operate without interruption, meet
performance or reliability standards, or are error-free, or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither GEMSO nor any GEMSO supplier makes any representation or warranty of any kind,
express or implied: (i) as to the operation or availability of the platform, or the information, content and materials or
products included in the same; (ii) that the platform will be uninterrupted or error free; (iii) as to the accuracy,
reliability, or currency of any information or content provided through the Platform; or (iv) that the platform
its servers, the content or emails sent from or on behalf of GEMSO are free of viruses, scripts,
Trojan horses, worms, malware, time bombs or other harmful components.
Some jurisdictions do not allow the exclusion or limitations of implied warranties or limitations of a consumer's
applicable statutory rights, so some or all of the above exclusions and limitations may not
apply to you.
Notwithstanding any damages you may incur, the entire liability of GEMSO and any of its suppliers
under any provision of this Agreement and your exclusive remedy for all the foregoing shall be limited to the amount actually
paid by you for the platform.
To the fullest extent permitted by applicable law, in no event shall GEMSO or its suppliers be liable for
any special, incidental, indirect or consequential damages of any kind (including, without limitation, damages for loss of profits, loss
of data or other information , for business interruption, for personal injury, for loss of privacy arising in
any way related to the use of or inability to use the Platform, third party software and/or - third party hardware
used with the Platform, or otherwise in connection with any provision of this Agreement), even if GEMSO or
any supplier has been advised of the possibility of such damages and even if the remedy fails of its
essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages,
so the above limitation or exclusion may not apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and construed to
achieve the objectives of such provision to the fullest extent possible under applicable law and the remaining provisions will
continue in full force and effect.
This Agreement, together with the Privacy Policy and any other legal notices posted by GEMSO on the Services, shall constitute
the entire agreement between you and GEMSO with respect to the Services. If any provision of this Agreement is held
invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the
remaining provisions of this Agreement, which will remain in full force and effect. No waiver of any term of this Agreement shall
be deemed a further or continuing waiver of such term or any other term, and GEMSO's failure to
assert any right or provision under this Agreement shall not constitute a waiver of such right. or provision. YOU
AND GEMSO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE SERVICES
MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION IS AGREED. OTHERWISE
, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Except as provided herein, failure to exercise a right or require performance of an obligation under
this Agreement shall not affect either party's ability to exercise such right or require such performance at
any time thereafter, nor shall it constitute the waiver of an infringement. any subsequent breaches.
No failure to exercise, or delay in exercising, by either party, any right or power under
this Agreement shall operate as a waiver of that right or power. The sole or partial exercise of any right or power under this
Agreement shall also not preclude the further exercise of that or any other right granted herein. In
the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
GEMSO reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a
revision is material, we will provide at least 30 days' notice before the new terms become effective.
What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Platform after revisions become effective, you agree to be
bound by the revised terms. If you do not agree to the updated terms, you are no longer authorized to use GEMSO.
The Agreement constitutes the entire agreement between you and GEMSO with respect to your use of the Platform and supersedes all prior and
contemporaneous written or oral agreements between you and GEMSO.
You may be subject to additional terms and conditions that apply when you use or purchase other
GEMSO services, which GEMSO will provide to you at the time of such use or purchase.
We may change our Service and policies, and we may need to change these Terms to accurately reflect them. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they become effective. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not wish to accept these or any of the updated Terms, you may delete your account.
The platform and all its content, features and functionality (including, among others, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are the property of GEMSO, its licensors or other providers of such material and are protected by Mexico and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of GEMSO, unless and except as expressly provided in these Terms and Conditions. Any unauthorized use of the material is prohibited.
This section applies to any dispute, EXCEPT THAT IT DOES NOT INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE REMEDIES WITH RESPECT TO THE ENFORCEMENT OR VALIDITY OF YOUR GEMSO OR INTELLECTUAL PROPERTY RIGHTS. The term "dispute" means any dispute, action, or other controversy between you and GEMSO relating to the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. "Dispute" shall have the broadest possible meaning permitted by law.
In the event of a dispute, either you or GEMSO must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party that provided it, the facts giving rise to the dispute and the relief requested. You must send any Notice of Dispute by email to: {{email}}. GEMSO will send any Notice of Dispute to you by mail at your address if we have one, or otherwise to your email address. You and GEMSO will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, either you or GEMSO may commence arbitration.
If you and GEMSO do not resolve any dispute through informal negotiation, any further efforts to resolve the dispute will be conducted exclusively through binding arbitration as described in this section. You are giving up the right to litigate (or participate as a party or class member) all disputes in court before a judge or jury. The dispute will be resolved by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the rights or property of the parties pending completion of the arbitration. Any and all legal, accounting and other costs, fees and expenses incurred by the winning party will be borne by the non-winning party.
In the event that you submit or post ideas, creative suggestions, designs, photos, information, announcements, data, or proposals, including ideas for new or improved products, services, features, technologies, or promotions, you expressly agree that such submissions will be made automatically. It will be treated as non-confidential and non-proprietary and will become the exclusive property of GEMSO without any compensation or credit to you. GEMSO and its affiliates shall have no obligation with respect to such submissions or postings and may use the ideas contained in such submissions or postings for any purpose in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.
GEMSO may, from time to time, include contests, promotions, sweepstakes or other activities ("Promotions") that require
you to submit material or information about yourself. Please note that all promotions may be governed by separate rules
that may contain certain eligibility requirements, such as age restrictions and geographic location.
You are responsible for reading all Promotions rules to determine whether or not you are eligible to participate. If you participate
in any Promotion, you agree to abide by all Promotion Rules.
Additional terms and conditions may apply to purchases of goods or services through the Services,
which terms and conditions are made a part of this Agreement by this reference.
In the event that a product and/or service is listed at an incorrect price or with incorrect information due to a typographical error, we will have the right to refuse or cancel any order placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any order, whether or not it has been confirmed and charged to your credit card. If your credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card or other payment account in the amount of the charge.
f for any reason any provision or part of these Terms and Conditions is determined by a court of competent jurisdiction to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by an authorized representative of GEMSO. GEMSO shall be entitled to injunctive relief or other equitable relief (without the obligation to post any bond or guarantee) in case of anticipated default by you. GEMSO operates and controls the GEMSO Service from its offices in Mexico. The Service is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, persons who choose to access the GEMSO Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, to the extent local laws are applicable. These Terms and Conditions (which include and incorporate GEMSO's Privacy Policy) contain the entire understanding and supersede all prior understandings between you and GEMSO with respect to your subject matter and may not be changed or modified by you. The section headings used in this Agreement are for convenience only and shall not be given any legal significance.
GEMSO is not responsible for any content, code or any other inaccuracies.
GEMSO does not offer guarantees.
In no event shall GEMSO be liable for any special, direct, indirect, consequential or incidental damages or for any
damages, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the
content of the Service. GEMSO reserves the right to make additions, deletions or modifications to the content of the
Service at any time without prior notice.
The GEMSO Service and its content are provided "as is" and "as available" without any warranty or representation
of any kind, either express or implied. GEMSO is a distributor and not a publisher of content provided by third parties;
as such, GEMSO does not exercise any editorial control over such content and does not make any warranties or representations as
to the accuracy, reliability, or currency of any information, content, service, or merchandise provided or accessible through the GEMSO Service. Without limiting the foregoing, GEMSO specifically disclaims all warranties and
representations in any content transmitted in connection with the GEMSO Service or on sites that may appear
as links on the GEMSO Service, or in products provided as part of or in connection with the Service. GEMSO,
including, but not limited to, the warranties of merchantability, fitness for a particular purpose, or non-infringement of
third-party rights. No oral advice or written information provided by GEMSO or any of its affiliates, employees,
officers, directors, agents or the like shall create a warranty. Pricing and availability information is subject to
change without notice. Without limiting the foregoing, GEMSO does not warrant that the GEMSO Service will be uninterrupted,
corruption-free, timely, or error-free.
Feel free to contact us if you have any questions
