Gemma’s Living, LLC and its affiliates - LAST UPDATED: October 28, 2018
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
We reserve the right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products or use our services from us or use our Web Site. If you don’t agree with some or all of these Terms, your only remedy is not to use our website, purchase our products and services. If you violate any of the Terms, we will terminate your right to use our site and services. We reserve the right to refuse service to anyone for any reason at any time.
Authorized UsersOur website, products, and services are only available only to people who can form legally binding contracts under the law applicable to these Terms. Our website, products, 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 and 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.
User CommentsWe welcome your comments about our products and our Web Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively "Comments") sent to our Web Site shall be and remain the exclusive property of Gemma’s Living LLC and NouBess, the website. Your submission of any such Comments shall constitute an assignment to both Gemma’s Living and NouBess of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in the Comments. We will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Hyperlinks to other Web Sites:
To the extent, our Web Site contains hyperlinks to outside services and resources, the availability, and content of which Gemma’s Living and NouBess do not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.
Special OffersOccasionally we will offer special promotions to our customers that we refer to as "special offers" or "special offer." This can include a gift with purchase, free shipping, or other promotional activity associated with a product purchase. These offers may be for a limited time only.
From time to time there may be information on our Web Site or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, ingredients, pricing, and availability. Gemma’s Living and NouBess reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
All right, title, and interest in and to our website and services, including the Gemma’s Living, LLC and NouBess 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 NouBess 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.
We maintain physical, electronic, and procedural safeguards to protect the confidentiality and security of information transmitted to us. To guard your information delivered to us electronically, our websites use Secure Sockets Layer (SSL). SSL encrypts your credit card number, name and address so only we are able to decode your information. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your contact information, to the extent permitted by law, we do not guarantee or warrant the security of any information you transmit to or from our websites, and you do so at your own risk.
We urge you to keep any password that you establish with us in a safe place and not to divulge it to anyone. Also, remember to log out your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place.
Collecting Information About You
There may be times (such as when you purchase, download a recipe, or order a product, or services, subscribe to our Newsletter, or to participate in contests, sweepstakes or promotions, etc.) when we ask you to provide certain contact information about yourself, such as your name, shipping/billing address, telephone number, email address, social media user name, credit card information, gender, occupation, personal interests, and other information. We may also maintain a record of your product purchases.
Whether or not to provide such information is completely your own choice. But if you choose not to provide the information we request, you may be unable to purchase products or access certain services, offers, and content on our websites. In addition, we may need to contact you via phone, email or mail to address questions or issues specific to your order, entry, etc., even if you have opted to not receive marketing communications from us.
In general, you can visit many of our web pages without telling us who you are or revealing any contact information about yourself. We may track the Internet domain address from which people visit us and analyze this data for preferences, trends, and site usage statistics, but individual users will remain anonymous unless you voluntarily tell us who you are. We may also receive anonymous usage data from your mobile phone or other devices you use to access our websites or our mobile applications, including location data.
Using Information About You
We use your contact information for internal purposes only, such as: confirming and tracking your order, subscription, or registration; analyzing preferences, trends, and statistics; informing you of our new products, services, and offers; and providing you with other information or services from and about NouBess or Gemma’s Living, LLC.
We process your contact information only in ways compatible with the purposes for which it was collected or authorized by you. To the extent necessary for such purposes, we take reasonable steps to make sure that your contact information is accurate, complete, current, and otherwise reliable with regard to its intended use.
We may contract with companies or persons to provide certain services including credit card processing, shipping, data management, promotional services, etc. We call them our Service Providers. We provide our Service Providers with the information needed for them to perform these services. We also ask our Service Providers to confirm that their privacy practices are consistent with ours.
Product Information; Limitation on Quantities
We strive to ensure that the information on the Website is complete and reliable. Certain information may contain errors, including but not limited to pricing, typographical, or other inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by online and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Website will be available.
License and Site Access
Gemma’s Living, LLC, and NouBess.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 non-exclusive, 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 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!
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.
Shipping and Processing Fees
Our shipping and processing charges are intended to compensate our company for the cost of processing your order, handling and packing the products you purchase and delivering them to you.
OUR GENERAL CUSTOMER POLICYWe love nice customers. We are always trying to improve our service and welcome your comments. All feedback should be sent on how to reach us [at] NouBess [dot] com. Keep in mind that we are real people and not robots.
No Medical Advice
We, from time to time will publish blog posts. 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.
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.
By visiting our website or otherwise accessing our services, you agree that the laws of the state of California, 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.
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 firstname.lastname@example.org 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.
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 NouBess.com and is protected by copyright and other intellectual property or proprietary rights. The collective work includes all works that are licensed to NouBess.com Copyright © 2018, Gemma’s Living® and NouBess.com. All rights reserved.
In accordance with the Controlling, the Assault of Non-Solicited Pornography And Marketing Act of 2003, 16 CFR Part 316 (CAN-SPAM), NouBess 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 email@example.com, and your account will be permanently removed from our system.
NouBess.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.
Submit this information electronically to:
Or physically to:
Gemma’s Living, LLC
1 Bridge Plaza North, Suite 275, Fort Lee, New Jersey 07024
Gemma's Living, LLC and its affiliates will respond to any DMCA complaints in a timely manner and will remove any material that is found to be a copyright infringement.
MORE ON OUR AFFILIATE DISCLOSURE
In compliance with the FTC guidelines, please assume the following about all links, posts, photos and other material on noubess.com or our newsletters:
Any/all of the links on caribbeangreenliving.com or our newsletter are affiliate links of which Gemma's Living® receives a small commission from sales of certain items, but the price is the same for you.
Gemma's Living, LLC is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. Pages on the website may include affiliate links to Amazon and its affiliate sites on which the owner of this website will make a referral commission.
OUR GENERAL CUSTOMER POLICYWe love nice customers. We are always trying to improve our service and welcome your comments. All feedback should be sent on how to reach us contact[at] gemmasliving [dot] com. Keep in mind that we are real people and not robots.