GEMMA’S LIVING, LLC
LAST UPDATED: June 21, 2020
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING 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.
The Terms are a contract between you, the user, and Gemma’s Living, LLC, (“we,” “us,” “the company”). We operate the Caribbean Green Living website, www.caribbeangreenliving.com, Noubess, www.noubess.com, and other related products and services. By using our website or any of our other services, you agree to be bound by these Terms. If you don’t agree to some or all of these Terms, your only remedy is not to use our website and services (but why wouldn’t you want to try our tasty Caribbean, our 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.
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 and using our website or services. We trust that you will 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 site 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 the instructions prompted by the registration forms 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 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.
All right, title, and interest in and to our website and services, including the Gemma’s Living, LLC, Noubess 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 all of our websites 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 to utilize 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 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 content 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 comes down to this: 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 content 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.
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 to diagnose, treat, curing, or preventing any disease. The Food and Drug Administration has not evaluated the information on this website. Nothing on this website is intended to recommend any particular form of medical treatment or that person manages their health problems without the advice of a licensed healthcare practitioner. You should 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 worried 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 transactions with such stores.
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 site 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 are 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.
You acknowledge that you will be solely and entirely 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 our employees and us, 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 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 would 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 before 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.
“Forum” means an area, site or feature offered as part of this website that provides 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 do not expect 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 entirely responsible for the content you post on or through the website under your username or otherwise by you in any way and 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 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.
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 ALL ASSOCIATED WEBSITES AND COMPANIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NOUBESS.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.
NOUBESS.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® AND ASSOCIATED WEBSITES AND 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 NOUBESS 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.
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 Gemma’s Living® All rights reserved.
You agree to indemnify, defend, and hold harmless Gemma’s Living®, associated websites and 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.
GEMMA’S LIVING® TRADEMARK GUIDELINES
Gemma’s Living® counts 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 its other websites trademarks and logos is a priority for Gemma’s 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 brands and to prevent customer confusion that can result from improper or illegal usage.
Proper use of the Gemma’s Living® name and trademark is essential. You may use the Gemma’s Living® trademark to describe or refer to the website, goods accurately, and services, provided you follow these Guidelines. For example, you may use the registered mark Gemma’s Living® to discuss and review this website or other works created by Gemma’s Living, LLC.
Do not use the Gemma’s Living® 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 or its authors.
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® registered marks trademarks.
Logos: You may not use the Gemmasliving.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 Gemma’s Living LLC.
Domain Names, Meta tags, Hidden Text: You may not incorporate the Gemma’s Living® 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 associated companies.
Internet Advertising Keywords: You may not use or incorporate the Gemma’s Living® 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, and associated companies.
Merchandise Items: You may not manufacture, sell, or give away merchandise items bearing any of the Gemma’s Living® registered marks or trademarks without first obtaining a written license from Gemma’s Living.
For federally registered trademarks owned by Gemma’s Living, LLC, the ® symbol must accompany these trademarks (e.g., Gemma’s Living®) and Gemmasliving.com should be appropriately identified as the owner of these federally registered marks in a footnote that reads, for example, “Gemma’s Living is a registered trademark owned by Gemma’s Living”.
SOCIAL MEDIA GUIDELINES
You may not use Gemma’s Living® 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® reserves the right to terminate permission to copy, reproduce, or display the Gemma’s Living® registered trademarks and to demand that the Gemma’s Living® brand cease to be used at any time, in its sole discretion.
For any questions regarding the proper usage of the Gemma’s Living® registered trademarks or logo, the proper notices, or to seek permission to use the trademarks, please contact email@example.com.
In accordance with the Controlling, the Assault of Non-Solicited Pornography And Marketing Act of 2003, 16 CFR Part 316 (CAN-SPAM), 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 firstname.lastname@example.org, and your account will be permanently removed from our system.
Gemma’s Living, LLC complies with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). All content on Gemmasliving.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 (a single notification covers multiple claims of copyright works at a single online site);
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.