Terms of Use
Gemma’s Living, LLC
TERMS OF SERVICE & SUBSCRIPTION AGREEMENT (Gemma’s Living, LLC and Caribbean Green Living)
LAST UPDATED: March 3, 2023
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to CaribbeanGreenLiving.com (the “Website”). These Terms of Use (the “Agreement”) apply to any access to or use of the Website, associated sites or content from this website. The Website is owned and operated by Gemma’s Living, LLC (Gemma’s Living®).
By using this website, including purchasing products from this website, or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these Terms & Conditions. If you do not agree to these terms of use, you may not use this website.
You agree that by using this website, you are at least 18 years of age or visiting under the supervision of a parent or guardian and legally able to enter into a contract.
It is your responsibility to review these Terms and Conditions periodically. We reserve the right to revise these Terms and Conditions at any time without notice to you. If you do not agree to these terms and conditions, please do not use this site. Below are the terms of use for our website (caribbeangreenliving.com), our meal planning subscription and shop. All questions or concerns should be sent to how to reach us [at] caribbeangreenliving [dot] com.
The Terms are a contract between you, the user, and Gemma’s Living, LLC, and CaribbeanGreenLiving.com, (“we,” “us,” “the company”). We operate the Caribbean Green Living website, www.caribbeangreenliving.com and other related products and services. By using our website or any of our other services, you are agreeing to be bound by these Terms. If you don’t agree to some or all of these Terms, your only remedy is to not use our website and services (but why wouldn’t you want to try our tasty Caribbean, our own creations, and international meals that are nourishing? If you violate any of the Terms, we will terminate your right to use our website and services. We reserve the right to refuse service to anyone for any reason at any time.
AUTHORIZED USERS
Our website and services are only available only to people who can form legally binding contracts under the law applicable to these Terms. Our website and services are not available to minors (under 18 years of age). If you don’t qualify as an authorized user, you are not permitted to use our website or services and no contract will be formed between you and us. As a condition of your use of our website and services, you agree to give us true, accurate, current and complete information as prompted by the registration forms, when registering for or using our website and services, and to update and maintain the accuracy and completeness of the information.
There is no cost to become a registered user of our website, although some features of our website and our services are only available to paying subscribers. You do not have to become a registered user to use our website. However, if you do not register, you may not be able to use certain products, offerings, features, or resources of our website. You must register in accordance with instructions prompted by the registration forms in order to participate in any community area or to create a “Public Profile.” A “Community Area” means any blog, personal page, group page, chat room, message board, bulletin board, recipe swap, or similar activity where you can communicate with other users of our website or post your own content. Registered users agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on our website.
INTELLECTUAL PROPERTY
All right, title, and interest in and to our website and services, including the Gemma’s Living, LLC and Caribbean Green Living brand, name, logo and domain name, recipes, text, graphics, logos, icons, images, audio and video clips, digital downloads, and software, are and will remain the exclusive property of us and our licensors. The content on the Caribbean Green Living website is protected by copyright, trademark, and other laws of both the United States and foreign countries. Selected images on our website are provided courtesy of Depositphotos, Pixabay and Canva.
Nothing in these Terms gives you a right to use our name or any of our trademarks, logos, domain names, and other distinctive brand features. You acknowledge that ownership in any intellectual property rights (including patents, copyright, rights in databases, trademarks and trade names whether registered or unregistered and subsisting anywhere in the world) in our services belongs to us. Accordingly, any part of our services may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing our services.
PROTECTING YOUR ACCOUNT
Some parts of our website permit username and passwords to be used. You are responsible for protecting your unique username and password (pro tip: hackers do not consider “123456” and “password” to be unique) and you agree to be responsible for all activities performed under your user account.
LICENSE AND SITE ACCESS
Gemma’s Living, LLC, and CaribbeanGreenLiving.com grant you a limited license to access and use our website. This license does not include the right to download any material (other than routine page caching) or modify any material without our express written consent. This license excludes the download or collection of logos, product descriptions, pricing, text, graphics, audio and video clips, and/or copying account information. No portion of this website (any or all of it) may be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without our express written permission. You may not use meta tags or any other hidden text utilizing the Caribbean Green Living name or trademarks without our express written consent. Any unauthorized use of our website voids the limited license granted by us. All of this sounds complicated, but it really comes down to this: just enjoy our website without taking any of our stuff.
CONTENT SUBMITTED BY USERS
Sometimes users submit content to our website. If you submit content, you grant us and our affiliates a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. Users who submit material agree that this license includes the right for us and other users of our services to make the content available to others for the publication, distribution, syndication, or broadcast on other media and services, subject to our terms and conditions for content use. These additional uses by us or others may be made with no compensation paid to the user who submitted it.
Users also represent, warrant and agree that they have not and will not contribute any content that (1) infringes, violates or otherwise interferes with any copyright or trademark of another party; (2) reveals any trade secret; (3) infringes any intellectual property right of another or the privacy or publicity rights of another, (4) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party; (5) creates an impression that is incorrect, misleading, or deceptive; (6) contains other people’s private or personally identifiable information without their express authorization and permission; and/or (7) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. We reserve the right to remove any content, suspend, remove or terminate access to our services at any time, or pursue any other remedy or relief available under equity or law. The best thing to do before submitting content is to ask yourself beforehand if what you submit could potentially harm someone else (or their computer) or violate anyone else’s rights. If you think it might, don’t do it!
LINKS
These Terms apply only to our website and not to any other websites. Our website may include links to other websites, resources, or services. You acknowledge and agree that we are not responsible for the availability of these other websites, and we do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from other websites, resources, or services. You further agree that, under no circumstances, will we be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you by your use of or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.
USE OF MATERIALS AND COPYRIGHT
- Our recipes, photos, documents, ebooks, and videos are copyright protected and therefore cannot be distributed or copied without permission.
OUR GENERAL CUSTOMER POLICY
We love nice customers. We are always trying to improve our service and welcome your comments. All feedback should be sent to how to reach us [at] info at gemmasliving [dot] com. Keep in mind that we are real people and not robots.
No Medical Advice
The information contained on this website, or provided at your request, is for informational purposes only. No information on this website is or should be used for the purposes of diagnosing, treating, curing or preventing any disease. The information on this website has not been evaluated by the Food and Drug Administration. Nothing on this website is intended to recommend any particular form of medical treatment or that person manages their own health problems without the advice of a licensed healthcare practitioner. You should absolutely consult a qualified medical professional before making any health decision or taking any product. Information found or received through this website should not be used in place of a visit with, call to, consultation or advice from a professional healthcare provider. If you suspect you have a medical problem, or should you have any health care-related questions, please promptly call or see your healthcare practitioner. NO information on this site should be used to diagnose, treat, prevent or cure any disease or condition under any circumstances.
Travel and Wellness Advice
Our website also offers information regarding cooking tips, healthy lifestyle, and travel tips, but we are not a medical organization, nor a nutritionist company or organization and certainly not a travel agent and we cannot diagnose or treat any health condition you may have. Nothing contained on our website should be construed as health advice or diagnosis, travel decisions. If you are concerned about your health, please consult with your doctor; if you are concerned about your travel decisions, please consult a travel consultant.
Products and Services
The products and services made available on this website are intended for personal use only. You may not assign, transfer, re-market, resell, or otherwise dispose of, such products and services without obtaining Gemma’s Living® and CaribbeanGreenLiving.com’s prior written consent. CaribbeanGreenLiving.com may cancel or modify purchases on the website if it appears that they are the result of fraudulent or inappropriate activity or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Prices and promotions are subject to change without notice.
Limitation Of Liability
Our website displays information that is provided by the stores whose products we may feature (the “grocery stores”). We have no control over the information that the grocery stores provide to us, and we have no control over the availability of their products. We cannot guarantee the pricing, availability, quality, timing or failure to provide any of the products featured on our website.
Our services are provided by the company on an “as is” and “as available” basis. We make no warranties, either expressed or implied, regarding the operation of our services. Under no circumstances will we be liable to you on account of your use or misuse of or reliance on the services arising from any claim relating to this agreement or the subject matter hereof. Such limitation of liability applies to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether a claim is based on warranty, contract, tort (including negligence), or otherwise (even if we have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from:
- use or misuse of and reliance on the services
- inability to use the services
- the interruption, suspension, or termination of the services (including damages incurred by third parties or as a result of your registering for company services via third parties)
This limitation also applies to the costs of procurement of substitute goods or services, lost profits, or lost data. The limitation further applies with respect to the performance or non-performance of the services or any information or merchandise that appears on or is linked or related in any way to, the services. The limitation applies notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. You also waive the right to bring or assert any claim against us relating to any dealings with any store whose products are offered on our website, and release us from any and all liability for or relating to any interactions or dealings with such stores.
No Guarantees
We do not guarantee the availability, content or price of, any of the products or services offered on our website. You acknowledge that at any time, stores whose products are offered on our website may change their prices or cancel or amend their products, with or without notice to you and that we are not responsible for any such changes. You agree that should you rely on the availability, content or prices offered on our website, we are not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your direct dealings with any store whose products are offered on our website and any other terms, conditions, representations or warranties associated with such dealings, are between you and such store exclusively and do not involve us. You agree that your submission of an order for a particular product is not a guarantee of the availability of such a product.
We will do our best to ensure that the company services are available twenty-four hours a day, seven days a week. However, there will be occasions when the company services will be interrupted for maintenance, upgrades, emergency repairs, failure of telecommunications systems, equipment failures, acts of God, or other situations. We will make reasonable efforts to minimize such disruption where it is within our reasonable control. You agree that we will not be liable in any event to you or any other party for any suspension, modification, discontinuance, lack of availability, or other termination of the company services.
You also acknowledge and accept that there may be technical downtime with company services. You agree that your access and use of the company services is at your own risk. You understand and agree that the company services are provided to you on an “AS IS” and “AS AVAILABLE” basis.
Indemnification
You acknowledge that you will be solely and fully responsible for all liabilities incurred through the use of our services. To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify us and our employees, officers, agents, or other partners from and against any third party claim arising from or in any way related to your use of the company services, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature including but not limited to any liability arising from or resulting from your data imputed to the company including infringement of intellectual property laws or civil or criminal claims. We will use good faith efforts to provide you with written notice of such claim, suit or action. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
You further agree to indemnify, defend, and hold harmless Gemma’s Living®, CaribbeanGreenLiving.com, associated companies and the officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions, or any activity related to use of the site (including negligent or wrongful conduct) by you or any other person accessing the website using your Internet account.
Applicable Law
By visiting our website or otherwise accessing our services, you agree that the laws of the state of New Jersey, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and the company.
Modification of Services
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the company services (or any part thereof) with or without notice. Prices of all company products and services are subject to change. We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the company services.
We reserve the right to modify, alter, delete and update these Terms of Service at any time we see fit. Such alterations do not nullify our rights if infringements or breaches occurred under a previous version of these conditions. Continued use of the Services after any such changes shall constitute your consent to such changes.
Billing and Payment
Terms of payment are within our sole discretion, and unless otherwise agreed to by us, payment must be received by us prior to our acceptance of an order. Payment is due at the time of purchase and will be processed when authorized during the purchase process. Orders are not binding upon us until accepted by us. We reserve the right to refuse and refund any order or part of any order placed on this website.
Accounts
Some services on the website, including the free resource library and courses, permit or require you to create an account to participate and/or to secure additional features and/or benefits. You agree to provide, maintain and update true, accurate, current, and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify us at info@gemmaliving.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Website.
We may suspend or terminate your account and your ability to use the website or portion thereof for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.
Forums/Blog/Social Media/Comments
“Forum” means an area, site or feature offered as part of this website that offers the opportunity for users to post content for viewing by one or more website users, including the comment section of any blog post. Additionally, “Forum” includes any other website page or content area created by Gemma’s Living® and CaribbeanGreenLiving.com® on one or more social media pages, including, but not limited to Facebook, Twitter, Google+, YouTube, Instagram, and Pinterest.
You acknowledge that Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any content posted to a public Forum. We cannot and do not guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. Additionally, you grant Gemma’s Living® and CaribbeanGreenLiving.com the right to reprint, publish or otherwise use in a public manner any information posted in forums or comment sections of this website or associated social media.
You agree to use the Forums only to post, send and receive messages and material that are proper and related to a particular Forum. Refer to the comment policy for specific policies. By way of example, and not as a limitation, you agree that when using a Forum (including the comment section of any blog post), you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload any files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Forum specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying a Forum.
- Violate any code of conduct or other guidelines (including the comment policy and terms of service) which may be applicable for any particular Forum.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
- You are and will remain solely and completely responsible for the content you post on or through the website under your username or otherwise by you in any way and in any Forum and for the consequences of submitting and posting same. We have no duty or obligation to monitor any Forum, although we reserve the right to review the material posted to a Forum and to remove any materials in our sole discretion.
Links on this website direct visitors to various food, beverage, and dietary supplement products on third party websites. These products are not intended to diagnose, treat, cure, or prevent any disease. Gemma’s Living® and CaribbeanGreenLiving.com and the administrators of this website and any Forum on this website reserve the right to remove, edit, move or close any content item for any reason, including, but not limited to, comments that are in violation of the laws and regulations formed and issued pursuant to the Federal Food, Drug and Cosmetic Act.
We reserve the right to terminate your access to this website including any or all Forums at any time without notice for any reason whatsoever. We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to content you post on this website.
Additionally, you should be skeptical about information provided by others, and you acknowledge that the use of any content posted on any Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Forum and we specifically disclaim any and all liability in connection therewith.
Disclaimers
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE WEBSITE AND THE PRODUCTS OFFERED ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Gemma’s Living® and CaribbeanGreenLiving.com and all associated companies disclaim ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CaribbeanGreenLiving.com AND ASSOCIATED COMPANIES DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CaribbeanGreenLiving.com DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Gemma’s Living®, CaribbeanGreenLiving.com, AND ASSOCIATED COMPANIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR MATERIALS ON THE SITE, EVEN IF CARIBBEAN GREEN LIVING OR ASSOCIATED COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Copyright
The entire contents of the website and the technology underlying, including but not limited to text, graphics, images, audio files, videos, digital downloads, data compilation, or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of CaribbeanGreenLiving.com and is protected by copyright and other intellectual property or proprietary rights. The collective work includes all works that are licensed to Caribbean Green Living Copyright, Gemma’s Living®, and CaribbeanGreenLiving.com. All rights reserved.
CHOICE OF LAW; JURISDICTION AND VENUE
These Terms of Use shall be construed in accordance with the laws of the State of New Jersey without regard to its conflict of laws rules. Any legal proceedings against Gemma’s Living that may arise out of, relate to, or be in any way connected with the Website or these Terms of Use shall be brought exclusively in the state and federal courts of New Jersey located in Morris County and you hereby waive any jurisdictional, venue or inconvenient forum objections to such courts.
DISPUTE RESOLUTION; BINDING ARBITRATION
In the Dispute Resolution Section only, “we” and “us” are used to refer to you and Gemma’s Living together.
A. We each agree to first contact the other party with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact us with disputes by contacting us at the address provided in these Terms of Use. We will contact you based on the contact information you have provided us.
B. We each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there is no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and limitations in these Terms of Use and can award the same damages and relief. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. We each also agree as follows:
i. “Disputes” are any claims or controversies against each other related in any way to the Website, Website Content or these Terms of Use – this includes claims you bring against our officers, directors, employees, partners, successors, agents, affiliates, subsidiaries and their related companies, and claims Gemma’s Living may bring against you.
ii. If either of us wants to arbitrate a dispute, we agree to send written notice to the other party providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. We will send notice to you based on the contact information you have provided us and notice to us must be sent to: Gemma’s Living, LLC, 1 Bridge Plaza North, Suite 275, New Jersey 07024. We agree to make attempts to resolve the dispute. If we cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we may submit the dispute to formal arbitration.
iii. The FAA applies to these Terms of Use and this arbitration provision. We each agree that the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
iv. The arbitration will be administered by the American Arbitration Association (“AAA”) under its arbitration rules. If any AAA rule conflicts with these Terms of Use, these Terms of Use will apply. You can obtain procedures, rules and fee information from the AAA at 1-800-778-7879 or www.adr.org.
v. The arbitration will be conducted by a single neutral arbitrator and will take place in Morris County, New Jersey. The federal or state law that applies to these Terms of Use will also apply during the arbitration.
vi. We each agree not to pursue arbitration on a classwide basis. We each agree that any arbitration will be solely between you and us (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the dispute must be brought in court.
vii. The prevailing party in the arbitration will be entitled to recover its costs and expenses, including reasonable attorneys’ fees and experts’ fees, which are incurred in connection with the arbitration.
C. Either of us may bring qualifying claims in small claims court.
NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
AMENDMENT; ADDITIONAL TERMS
A. We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Website or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Website generally, unique parts of the Website, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
B. Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Website or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and the Website from time to time for any changes or Additional Terms. Your access and use of the Website following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to these Terms of Use or to any Additional Terms, you may terminate your Membership as provided in Section 12(B) above or, if you do not have a Membership, your only recourse is to immediately discontinue use of the Website.
Gemma’s Living® Trademark Guidelines
Gemma’s Living® and CaribbeanGreenLiving.com® count among its most valuable assets its trademarks, registrations and logos and the goodwill represented by these and these marks may not be used in any way without written permission. Protection of the Gemma’s Living and Caribbean Green Living trademarks and logos is a priority for Gemma’s Living, Caribbean Green Living, and associated companies.
These Trademark Guidelines contain detailed information about how to refer to Gemma’s Living® trademarks. These Trademark Guidelines are designed to ensure the proper legal use of the trademarks and to prevent customer confusion that can result from improper or illegal usage.
Permissible Uses
Proper use of the Gemma’s Living® and Caribbean Green Living® names and trademarks is important. You may use the Gemma’s Living® and Caribbean Green Living® trademark to accurately describe or refer to Caribbean Green Living’s website, goods, and services, provided you follow these Guidelines. For example, you may use the registered mark Gemma’s Living® and Caribbean Green Living® to discuss and review this website or other works created by Gemma’s Living, LLC or Caribbean Green Living.
Prohibited Uses
Do not use the Gemma’s Living® and CaribbeanGreenLiving.com® logo or other registered marks trademarks in a way that would mislead consumers that you or your products or services are somehow related to, endorsed by, or affiliated with Gemma’s Living and CaribbeanGreenLiving.com or authors of CaribbeanGreenLiving.com.
The company, Product, Service: You may not place your company name, trademarks, service marks, or product names next to (or combine them with) the Gemma’s Living® or CaribbeanGreenLiving.com® registered marks trademarks.
Logos: You may not use the CaribbeanGreenLiving.com logos, artwork, trade dress, designs or any combination of these, or any trademark including these (together, the “Logos”), for any purpose without prior written consent from CaribbeanGreenLiving.com.
Domain Names, Meta tags, Hidden Text: You may not incorporate the Gemma’s Living® and CaribbeanGreenLiving.com® registered marks or trademarks in any domain name, meta tag, or other hidden text in a web page without prior written authorization from Gemma’s Living® and CaribbeanGreenLiving.com® and associated companies.
Internet Advertising Keywords: You may not use or incorporate the Gemma’s Living® and CaribbeanGreenLiving.com® registered marks or trademarks in any internet advertising keyword, Ad Word, hashtag, or other term used to trigger advertising or search engine results without prior written permission from Gemma’s Living, LLC or CaribbeanGreenLiving.com and associated companies.
Merchandise Items: You may not manufacture, sell, or give away merchandise items bearing any of the Gemma’s Living® and CaribbeanGreenLiving.com® registered marks or trademarks without first obtaining a written license from Gemma’s Living or CaribbeanGreenLiving.com.
Required Notices
For federally registered trademarks owned by Gemma’s Living, LLC, and Caribbean Green Living the ® symbol must accompany these trademarks (e.g., Gemma’s Living® or Caribbean Green Living®) and CaribbeanGreenLiving.com should be properly identified as the owner of these federally registered marks in a footnote that reads, for example, “CaribbeanGreenLiving® is a registered trademark owned by Gemma’s Living and CaribbeanGreenLiving.com”.
Social Media Guidelines
You may not use Gemma’s Living® and CaribbeanGreenLiving.com registered trademarks as any part of your social media account name, username, page name, or as a community name.
Reservation of Rights
Unless otherwise agreed to in writing, Gemma’s Living® and CaribbeanGreenLiving.com reserves the right to terminate permission to copy, reproduce, or display the Gemma’s Living® and Caribbean Green Living® registered trademarks and to demand that the Gemma’s Living® and Caribbean Green Living® trademarks cease to be used at any time, in its sole discretion.
For any questions regarding the proper usage of the Gemma’s Living® and Caribbean Green Living® registered trademarks or logo, the proper notices, or to seek permission to use the trademarks, please contact support@caribbeangreenliving.com.
CAN-SPAM Act
In accordance with the Controlling, the Assault of Non-Solicited Pornography And Marketing Act of 2003, 16 CFR Part 316 (CAN-SPAM), Caribbean Green Living and Gemma’s Living follow all applicable digital communication laws. As part of our services, a valid email address is required to leave a comment, purchase a product, join our member library, interact on social media, and receive our newsletter. You may unsubscribe from email correspondence at any time, however, by doing so, you will lose access to prior subscriptions, purchases, and account information. If your attempts to unsubscribe from our communication have been unsuccessful, please email info@gemmasliving.com and your account will be permanently removed from our system.
DMCA Notice
CaribbeanGreenLiving.com and Gemma’s Living, LLC complies with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). All content on CaribbeanGreenLiving.com is the original work of the author unless otherwise noted, cited or quoted. If you believe that anything on the Website constitutes an infringement of your copyright, please notify us using the following procedure:
The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following:
- A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;
- A description of the copyrighted work claimed to have been infringed (multiple claims of copyright works at a single online site are covered by a single notification);
- A description of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and an email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or agent authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
