Welcome to CarolinaGems.com. Carolina Gems provides services to you subject to the notices, terms and conditions set forth in this agreement. In additions, when you use any of our services (e.g., Customer Reviews), you will be subject to the rules, guidelines, polices, terms and conditions applicable to such service and they are incorporated into this Agreement by this reference. We reserve the right to change this Site and these terms and conditions at any time. Accessing, browsing or otherwise using this site indicates your agreement to all the terms and conditions in this agreement, so please read this agreement carefully proceeding.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of resident, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products or any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of the Terms will result in an immediate termination of your Services.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (no including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the services is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, trust times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. NO specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
DISCLAIMER OF WARRANTEES; LIMITATION OF LIABILITY
Without warranties of any kind either express or implied to the fullest extent permissible pursuant to applicable law, Carolina Gems disclaims all warranties of merchantability or fitness for a particular purpose. Carolina Gems does not warrant that the functions contained in the material will be uninterrupted or error-free, that defects will be corrected or that the Carolina Gems or the server that makes it available are free of viruses or other harmful components. Carolina Gems does not warrant or make any representations regarding the use of or the result of the use of the contents on the Carolina Gems website in relation to their correctness, accuracy, reliability or otherwise. You and (Not Carolina Gems) assume the entire cost of all necessary servicing, repair or correction.
To the fullest extent permissible pursuant to applicable law, Carolina Gems assumes no liability, whether in contract or tort, for any direct, indirect, special consequential or punitive damages, including (without limitation) damages for loss of anticipated profits or revenue or other economic loss in connection with or arising from any act or omission by Carolina Gems, its agents, affiliates, joint venture partners, independent contractors or unaffiliated third parties as a result of any act or omission in fulfillment of or in breach of these terms or the privacy policy.
We do not guarantee, represent of warrant that your use of our service will be uninterrupted, timely, secure or error-free
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of , or inability to use, the service is at your sole risk. The service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no case shall Carolina Gems, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss claim or any direct indirect, incidental, punitive, special or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages whether based in contract, tort (including negligence) strict liability or otherwise, arising from you use of any of the service or any products procured using the service or for any other claim related in any way to your use of the service or any product, including, but not limited to any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted or otherwise made available via the service even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages in such state or jurisdictions our liability shall be limited to the maximum extent permitted by law.
DISPUTE CLAUSE
Any dispute relating to any activity on Carolina Gems or the purchase of any Carolina Gems products shall be submitted to confidential arbitration in North Carolina, United States unless you have in some way threatened or violated Carolina Gems’ intellectual property rights, whereby Carolina Gems may seek an injunctive.
COPYRIGHT
The technology underlying and the entire content included in Carolina Gems including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws and is the property of Carolina Gems and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to Carolina Gems. Copyright 2022 Carolina Gems. All rights reserved. We do not investigate to determine if such works are accurate nor can we provide assurance that all such works are free of typographical errors. We cannot guarantee information displayed on this Site to be 100% accurate.
TRADEMARKS
All trademarks, service marks and trade names of Carolina Gems on the Site are trademarks or registered trademarks of Carolina Gems or of their respective owners.
USER GENERATED CONTENT
By sharing, submitting and uploading any of your data (including but not limited to photographs, images, video, music, art or comments) to Carolina Gems website, Carolina Gems social media channels (including, without limitation, Instagram (including # and @ comments incorporating Carolina Gems) Facebook, TikTok and Twitter and pages dedicated to Carolina Gems in discussion forums (e.g., Reddit) you grant Carolina Gems a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, prepare derivative works of, display and perform your user data in any legal manner for the benefit of Carolina Gems. You acknowledge and agree that you are solely responsible for all the user data that you make available through such means. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to gran Carolina Gems the required rights to disseminate any user data and (2) neither your data nor your posting, uploading publication submission or transmittal of this data or Carolina Gems use of your uploaded data (or any portion thereof) on, through or by the means of Carolina Gems will infringe, misappropriate or violate a third party patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
THIRD-PARTY LINKS
Certain content, products and services available via our Services may include materials from third-parties. Third-Party links on the site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services resources, content or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third-party.
