Terms of service

OVERVIEW

This website is operated by The Gifted Gem. Throughout the site, the terms “we,” “us,” and “our” refer to The Gifted Gem. By accessing or using our website and services, you agree to be bound by the terms, conditions, policies, and notices set forth herein.

By visiting our site and/or purchasing a product from us, you engage in our “Service” and agree to comply with and be legally bound by these Terms of Service (“Terms”), including any additional terms and policies referenced herein or available by hyperlink. These Terms of Service apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and content contributors.

Please read these Terms of Service carefully before accessing or using any part of our website. If you do not agree to all the terms and conditions, then you may not access the website or use any of our services. Your continued use of the site constitutes your acceptance of these Terms.

We reserve the right to update, change, or replace any part of these Terms of Service at any time by posting updates to our website. It is your responsibility to review this page periodically for changes. Continued use of the website following the posting of any updates constitutes acceptance of those changes.

Any new features or tools added to the current store shall also be subject to these Terms of Service.

Our store is hosted on Shopify Inc., which provides the e-commerce platform allowing us to sell our products and services to you securely and efficiently.

SECTION 1 – ONLINE STORE TERMS

By using this website, you represent and warrant that you are at least the age of majority in your state, province, or jurisdiction of residence, or that you are the age of majority and have provided your consent to allow any minor dependents to use this site under your supervision.

You agree not to use our products or services for any unlawful or unauthorized purpose. In using the Service, you agree to comply with all applicable laws and regulations, including but not limited to intellectual property laws.

You must not transmit any malicious code, viruses, worms, or any other harmful software or code of a destructive nature through the website.

Any breach or violation of these Terms of Service may result in immediate termination of your access to our services and may subject you to civil or criminal liability.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to any individual for any reason at any time, at our sole discretion.

You acknowledge that, except for credit card information, your content may be transferred unencrypted and may involve (a) transmissions over various networks, and (b) modifications to conform and adapt to the technical requirements of connecting networks or devices. Credit card data is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, 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 Service is provided—without our express prior written consent.

Section headings in this agreement are included for reference purposes only and shall not limit or otherwise affect the interpretation of these Terms.

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We do not warrant that the information made available on this site is accurate, complete, or current. All material provided on this site is for general informational purposes only and should not be relied upon as the sole basis for making decisions. You are responsible for verifying any information with more accurate, complete, or timely sources before relying on it.

This site may contain historical information that is provided for reference purposes only. Such information is not necessarily current and should not be interpreted as such.

We reserve the right to modify the contents of this site at any time without obligation to update any information. You agree that it is your responsibility to monitor changes to the site and review this content periodically for updates.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

All prices for our products are subject to change at any time without prior notice, at our sole discretion.

We reserve the right to modify or discontinue the Service—or any part, feature, or content thereof—at any time and without prior notice.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service, including any impact such changes may have on current or future purchases.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through our website. These items may have limited quantities and are subject to return or exchange only in accordance with our Refund Policy.

We make every effort to display the colors and images of our products as accurately as possible. However, we cannot guarantee that your device’s display will accurately reflect the true color or appearance of any product.

We reserve the right—but are not obligated—to limit the sales of our products or services to any person, geographic region, or jurisdiction, and we may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services offered, and to discontinue any product at any time, without notice.

All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. Any offer for a product or service made on this site is void where prohibited.

We do not guarantee that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse, limit, or cancel any order you place with us at our sole discretion. These limitations may apply to orders placed under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. In the event we make a change to or cancel an order, we may attempt to notify you using the email address, billing address, or phone number provided at the time the order was placed.

We also reserve the right to restrict or prohibit orders that, in our sole judgment, appear to be placed by resellers, distributors, or unauthorized parties.

You agree to provide current, complete, and accurate billing and account information for all purchases made through our store. You are responsible for promptly updating your account information, including your email address, payment details, and other contact information, to ensure the successful completion of transactions and effective communication.

For more information, please refer to our Refund Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools that we neither monitor nor control, and over which we have no input.

You acknowledge and agree that access to such tools is provided on an “as is” and “as available” basis, 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.

Your use of any optional tools offered through the website is entirely at your own risk and discretion. It is your responsibility to ensure that you are familiar with and approve of the terms and conditions on which such tools are provided by the relevant third-party provider(s).

In the future, we may offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services will also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, and services available through our Service may include materials from third parties.

Third-party links on this site may direct you to external websites that are not affiliated with us. We are not responsible for evaluating or monitoring the content or accuracy of third-party websites and do not warrant, endorse, or assume any liability for any third-party materials, websites, products, or services.

We are not liable for any damages or losses incurred in connection with the purchase or use of goods, services, content, or any other transactions made in connection with third-party websites. It is your responsibility to carefully review the third party’s policies, terms, and conditions before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third party.

SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you submit specific content (e.g., contest entries), or if you voluntarily send us creative ideas, suggestions, proposals, plans, or other materials—whether online, by email, by postal mail, or otherwise (collectively, “comments”)—you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use such comments in any medium. We are under no obligation (1) to maintain any comments in confidence; (2) to compensate you for any comments; or (3) to respond to any comments.

We may, but are not obligated to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene, pornographic, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.

You agree that your comments will not violate the rights of any third party, including but not limited to copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain any libelous, unlawful, abusive, or obscene material, or contain any computer virus or malware that could in any way affect the operation of the Service or any related website.

You may not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for the content and accuracy of your comments. We assume no liability for any comments posted by you or any third party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is subject to our Privacy Policy. By using our website and services, you consent to the collection, use, and disclosure of your personal information in accordance with that policy.

To understand how we collect, use, and safeguard your personal data, please review our full Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on our site or within the Service that contains typographical errors, inaccuracies, or omissions. These may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any such errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice, including after an order has been submitted.

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, unless required by law. No specified update or refresh date should be interpreted to mean that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as outlined in these Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, state, or local laws, regulations, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code or content that may affect the functionality or operation of the Service, any related website, other websites, or the Internet; (h) to collect or track the personal information of others without proper consent; (i) to engage in any form of spam, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) for any obscene, indecent, or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses outlined above.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the Service will be accurate, reliable, or meet your expectations.

You acknowledge and agree that we may, from time to time, remove or suspend the Service for indefinite periods or cancel the Service altogether, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representations, warranties, or conditions of any kind, either express or implied. This includes, without limitation, any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no event shall The Gifted Gem, or any of its 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. This includes, 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 your use of the Service or any products procured through the Service, or for any other claim related in any way to your use of the Service or any product. This includes, but is not limited to, any errors or omissions in any content or any loss or damage 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 jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless The Gifted Gem, along with its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees), arising out of or related to: (a) your breach of these Terms of Service or the documents they incorporate by reference; (b) your violation of any applicable law or the rights of a third party; or (c) your misuse of the Service or any products purchased through the Service.

This indemnification obligation will survive the termination of these Terms of Service and your use of the Service.

SECTION 15 – SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable for any reason, that provision shall nonetheless be enforced to the maximum extent permissible under applicable law. The unenforceable portion shall be deemed severed from these Terms, and such determination shall not affect the validity or enforceability of the remaining provisions.

SECTION 16 – TERMINATION

Any obligations and liabilities incurred by the parties prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service will remain in effect unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us in writing that you no longer wish to use our Services, or by ceasing all use of our site.

We reserve the right, in our sole discretion, to terminate this agreement and/or your access to the Service at any time without prior notice if we determine that you have failed, or we suspect that you have failed, to comply with any term or provision of these Terms. Upon such termination, you will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, along with any policies or operating rules posted by us on this site or in relation to the Service, constitute the entire agreement and understanding between you and us, and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications, and proposals—whether oral or written—between you and us, including any previous versions of the Terms of Service.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements under which we provide you with services shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Texas for the resolution of any disputes arising out of or relating to these Terms or your use of the Service.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You may review the most current version of these Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting the revised terms on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to our website or the Service after any changes are posted constitutes your acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

If you have any questions about these Terms of Service or need assistance, please contact us at:
📧 Email: support@thegiftedgem.com