Terms and Conditions

The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.

  • Miscellaneous
  • PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.  THESE TERMS AND CONDITIONS (“T&C”) MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THE SITE.  BY USING THE SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE T&C.  IF YOU DO NOT ACCEPT THESE T&C, THEN DO NOT USE THE SITE. Gemvisionstore.com (“Site”) is owned by Gemvision Corporation, LLC. (“Gemvision”) located in Lafayette, LA and the store is provided free of charge to users who agree to abide by these T&C.  Gemvision reserves the right to change the nature of this relationship at any time, and to revise these T&C from time to time as Gemvision sees fit.  Users who violate these T&C will have their access canceled and they may permanently be banned from using the Site.  Users should check these T&C periodically.  By using the Site after we post changes to these T&C, you agree to accept those changes, whether or not you actually reviewed them.

    PERSONAL INFORMATION & PRIVACY

    Gemvision will use and protect your data, such as your name and address. Please be aware that your browser must be enabled to accept cookies in order for you to use certain Materials and Services or to purchase from the Gemvision online store.

    RETURN POLICY

    If you are unsatisfied with a purchase from this store, or have questions about your product or order, please contact Gemvision directly by calling 563-884-8180 or by emailing info@gemvision.com.

    SHIPPING & DELIVERY

    Some software related products on this store include free shipping via FedEx Ground. Delivery times via Ground shipping will vary depending on your location. Other products on this store require that you select and pay for FedEx shipping of your choice including Ground, 2Day, Express Saver, Priority Overnight, Standard Overnight, and First Overnight. Unless otherwise noted, orders will be shipped within 24 hours, providing the products are in stock. Items in stock will be shipped, and out of stock items will be back ordered.

    Purchases from this online store are available for shipment to the US, Canada, and Mexico only. To purchase outside North America, please contact an authorized dealer at gemvision.com/global.

    The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier. Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details. Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. Gemvision is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.

    USERS/PARTICIPANTS

    We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.

    No person under the age of 13 should use the Site without the consent of their parent or legal guardian.  We strongly encourage all parents and guardians to monitor the Internet use by their children.  Use of the Site by any user shall be deemed to be a representation that the user is 13 years of age or older. 

    COOKIES

    “Cookies” are small encrypted data files (containing references to user ID information supplied by the user and stored on our secure server) that may write to your hard drive once you have accessed a website.  Gemvision uses cookies to enhance your shopping experience with us.  Cookies are used to keep track of your shopping cart and to save your password so you do not have to reenter it each time you visit the Site.  To learn more about how we protect customer information, please review our Privacy Statement. 

    COPYRIGHTS, TRADEMARKS & RESTRICTIONS

    The material included herein, including site design, text, graphics, and the selection and arrangement thereof are copyrighted © by Gemvision Corporation, LLC. ALL RIGHTS RESERVED.  Gemvision.com®, Gemvision®, other trademarks and all page headers, custom graphics, and custom icons are service marks and trademarks of Gemvision Corporation, LLC. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners. 

    The Site and all materials on the Site, including, but not limited to, images, illustrations, posts, audio clips and video clips (the “Materials”) are the property of Gemvision and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by Gemvision and by copyright law, trademark law, international conventions and other intellectual property laws.  You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from the Site (or any other website owned or operated by Gemvision or its subsidiaries or affiliates) without Gemvision’ prior written permission.  However, you may print in hard copy portions of the Site with the sole intent of placing an order with Gemvision or applying for credit.  Printing Materials for any other reason, or transferring Materials for use on any other website, or the modification, distribution, or republication of Materials without Gemvision’ prior written permission is strictly prohibited.  Any modification of Materials, or any portion thereof, or use of Materials for any other purpose constitutes an infringement of trademark or other proprietary rights of Gemvision or third parties. 

    LINKS

    Gemvision is not responsible for the content of any unaffiliated websites that may be linked to or from the Site.  These links are provided for your convenience only and you access them at your own risk.  Any other website accessed from the Site is independent from Gemvision, and Gemvision has no control over the content of that other website.  In addition, a link to any other website does not imply that Gemvision endorses or accepts any responsibility for the content or use of such other website.  In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Gemvision of that third party or of any product or service provided by a third party.

    PRIVACY ISSUES

    Gemvision is concerned about privacy matters for its customers.  To learn more about how we protect customer information, please review our Privacy Statement. 

    PRODUCT AND SERVICES INFORMATION

    Most products (and some services) offered on the Site are available in select Gemvision stores throughout the United States, however, prices and availability may vary.  Prices shown on the Site apply to products and services on the Site.  Price and availability are subject to change without notice. 

    We attempt to display all products shown on the Site in an accurate manner, however, because of the technical differences in the equipment of our customers, we cannot be responsible for photographic differences in size, shape and color of the products.

    The receipt of an email order confirmation is simply a recognition that we have received your requested order, and does not constitute an offer to sell.  We reserve the right to limit the quantity of any item sold, or prohibit a sale altogether, including but not limited to prohibiting sales to resellers. We also reserve the right, in our sole discretion, to correct printing/pricing errors and change our delivery policy and delivery fees.

    NOTICE AND TAKE DOWN PROCEDURES

    If you believe any Materials on the Site infringe your copyright or trademark rights, you may request such Materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act.  To follow those procedures, contact Gemvision’ copyright agent (identified below) and provide the following information: A clear statement identifying the works, or other materials believed to be infringed.

    • A statement from the copyright holder or authorized representative that the Materials are believed to be infringing.
    • Sufficient information about the location of the allegedly infringing Materials so that Gemvision can find and verify its existence.
    • Your name, telephone number and e–mail address.
    • A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner’s behalf.
    • A signature or the electronic equivalent from the copyright holder or authorized representative.

    Gemvision’ agent for notice of copyright issues on the Site can be reached as follows:

    Gemvision Corporation
    706 E River Drive
    Davenport, Iowa 52803

    Attn: Legal Department
    (ref:  Copyright Infringement)

    CONDUCT OF USERS

    You agree that you will not:  (i) transmit via or through the Site any information, data, text, files, links, software, chat, communication or other materials that is or which Gemvision considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially or ethnically hateful or otherwise objectionable; (ii) attempt to transmit any “virus”, “trojan horse” or other software destruction or disruption device; (iii) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, any regulations having the force of law while using or accessing the Site or in connection with your use of the Site, in any manner; and (iv) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.

    INDEMNITY

    By using the Site, you agree to indemnify the Gemvision Parties for any and all claims, damages, losses, liabilities and causes of action (including expenses and attorneys’ fees) incurred by them arising out of or relating to your breach or alleged breach of these T&C (including without limitation, claims made by third parties for infringement of intellectual property rights).  You agree to cooperate as fully as reasonably required in the defense of any claim.  Gemvision reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.    

    DISCLAIMER, LIMITATION OF LIABILITY

    THE SITE IS PROVIDED BY GEMVISION ON AN “AS IS” AND “AS AVAILABLE” BASIS. GEMVISION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO (1) THE OPERATION OF THE SITE, (2) THE QUALITY, ACCURACY, COMPLETENESS OR VALIDITY OF ANY MATERIALS ON THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE, OR (3) WHETHER THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.  GEMVISION IS NOT RESPONSIBLE FOR PRINTING OR TYPOGRAPHICAL ERRORS.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

    THIS SITE MAY ALSO CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS.  NONE OF THE GEMVISION PARTIES REPRESENTS OR ENDORSES THE ACCURACY, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE.  YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION WILL BE AT YOUR SOLE RISK. 

    NONE OF THE GEMVISION PARTIES IS RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE INFORMATION CONTAINED ON THE SITE, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL THE TOTAL LIABILITY OF THE GEMVISION PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (US$1.00).

    CERTAIN STATE LAWS 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.

    TERMINATION

    Gemvision may, in its sole discretion, terminate or suspend your access to all or part of the Site, for any reason, including without limitation, breach of these T&C.  In the event these T&C are terminated, the restrictions regarding Materials appearing on the Site, and the representations and warranties, indemnities, and limitations of liabilities set forth in these T&C will survive termination.  In the event that you are unsatisfied with the services provided by Gemvision, your sole remedy is to terminate your use of the Site.

    JURISDICTION

    Gemvision operates the Site from its offices within the United States.  Gemvision makes no representations that content and materials on the Site are legal or appropriate for use from outside the United States.  If you choose to access the Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws.  You may not use the Site in violation of U.S. export laws and regulations.  These T&C will be governed by and construed in accordance with the laws of the Commonwealth of Iowa, as it is applied to agreements entered into and performed therein, and excluding (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980.  Any action brought to enforce these T&C or matters related to the Site will be brought in either the State or Federal Courts of the Commonwealth of Iowa; provided, however, that notwithstanding anything contained in these T&C to the contrary, Gemvision shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce Gemvision’ rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief.  Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.  If any provision of these T&C is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these T&C and the remaining provisions of these T&C will remain in force.  These T&C constitute the entire agreement between you and Gemvision concerning your use of the Site.

    COMMENTS, COMPLAINTS AND QUESTIONS

    We welcome your feedback about the Site.  However, any comments, ideas, notes, messages, suggestions or other communications sent to the Site shall be and remain the exclusive property of Gemvision, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you.  Should you have any questions or complaints regarding violations of these T&C, please contact us.