Please carefully review the following terms and conditions of use, which apply to everyone who visits this or any other of Gemini ’s Web sites. By accessing and using these Web sites, you are agreeing to abide by, and be bound by, the following terms and conditions and any amendments in effect at the time of your visit. Gemini may modify these terms and conditions at any time without notice by updating these legal notices, and we encourage you to review the terms and conditions because any such modifications will be binding on you.
Trademarks and service marks on this or any other Gemini Web sites are registered and unregistered trademarks of Gemini and others. Nothing contained on the Web sites should be construed as granting any license or right to use any such marks without the written permission of Gemini or such other party who may own such mark(s). The contents of this or any Gemini Web sites (including, without limitation, their arrangement and layout; names and logos; and text, illustrations and artwork) are the copyrighted property of Gemini (or the original creator of the material) and are protected under applicable copyright and trademark laws. Gemini authorizes you, subject to these terms and conditions, to access and use the Gemini Web sites and the copyrighted content solely for personal use, at Gemini’s discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Any unauthorized use of the trademarks or other contents of any of Gemini’s Web sites may violate civil or criminal laws. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the copyrighted content on any copy you make of such content.
Gemini’s Web sites may contain links to third-party Web sites, which are provided as a convenience to users of our sites. Gemini makes no claim or warranty of, and is not responsible for, any information found in a linked Web site.
No Representation or Warranty
While Gemini uses reasonable efforts to include up-to-date and accurate information on its Web sites, Gemini does not make, and expressly disclaims, any representations or warranties of any kind, either express or implied (including, without limitation, any implied warranties of merchantability, fitness for a particular purpose or non-infringement) with regard to any such information, its accuracy or completeness or the frequency that it is updated. You agree that your use of the Gemini’s Web sites and everything on Gemini’s Web sites is provided on an “AS IS“ and “AS AVAILABLE “basis. Gemini assumes no liability or responsibility for any errors or omissions in the content of its Web sites. Gemini makes no warranties that (i) the Gemini Web sites will meet your requirements, (ii) the Gemini Web sites will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Gemini Web sites will be accurate or reliable, (iv) the quality of any goods or services available on the Gemini Web sites will meet your expectations, (v) any errors on the Gemini Web sites will be corrected, (vi) that your use of the Gemini Web sites or any material obtained from the Gemini Web sites will not damage your computer system or mobile device or that no loss of data will result from obtaining such material.
Limitation of Liability
Your use of Gemini’s Web sites is at your own risk. In no event shall Gemini or any of its officers, directors, employees or affiliates, be liable, directly or indirectly, for any damages of any kind or nature, including, without limitation, direct, special, incidental or consequential, exemplary, or any claims or losses, resulting from or in connection with the creation or use of, or reliance on, this site, any other Gemini Web site or any linked Web site contained in any such sites, or any of the information accessed through any such site or from the inability to use any such site. This limitation includes damage to your computer equipment or any viruses that may infect your computer equipment or other property, loss of profits, goodwill, or other intangible losses (even if Gemini has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Gemini Web sites; (ii) the cost of procuring substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered into through, from, or as a result of the Gemini Web sites; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any user or third party on the Gemini Web sites; (v) your reliance on content made available by Gemini; or (vi) any other matter relating to the Gemini Web sites.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
To the fullest extent possibly by law, Gemini’s and any of its officers, directors, employees or affiliates’ maximum liability arising out of or in connection with the Gemini Web sites or your use of Gemini’s content, regardless of cause of action (whether in contract, tort, breach of warranty, or otherwise), will not exceed $100 in the aggregate.
You agree to defend, indemnify, and hold harmless Gemini and any of its officers, directors, employees or affiliates from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Gemini content, (iii) your misuse of the Gemini Web sites, or (iv) your breach of these terms and conditions. Gemini shall provide notice to you promptly of any such claim, suit, or proceeding.
Nothing contained in Gemini’s Web sites should be construed as medical, legal, investment, financial or other advice. Without limitation, nothing contained in the sites should replace medical advice, medical visits, or recommendations from health care providers.
You may not alter or attempt to alter the Web site itself. You also may not create a link to the Web site without first obtaining written authorization from Gemini. Further, you may not use the Web site services in any manner that could disable, overburden, or impair any of Gemini’s servers or servers to which Gemini has obtained access, or interfere with any third party’s use and enjoyment of the Web site services, other accounts, computer systems, or networks connected to any Gemini server or the Web site, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web site. Your right to use the Web site services may be further limited by international law, federal law, or the laws and regulations of your particular state or locality.
You shall use the Web site services for your own personal, non-commercial purposes only. You shall not use the Web site services to (i) post user comments containing spam or otherwise duplicative or unsolicited messages in violation of applicable law; (ii) upload or post infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or which violates a third party’s privacy rights; (iii) upload or post material containing software viruses or other harmful computer codes, files, scripts, agents, or programs; or (iv) solicit, for commercial purposes, any users of the Web site services with respect to their Content, by using any personally identifiable information or communication forums on the Web site.
You shall not circumvent, disable, or otherwise interfere with security-related features of the Web site or features that enforce limitations on use of the Web site services.
Governing Law and Venue
These terms and conditions will be governed by and interpreted pursuant to the laws of New Jersey, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in New Jersey in connection with any dispute between you and Gemini arising out of these terms and conditions or pertaining to the subject matter hereof. The parties to these terms and conditions each agree that the exclusive venue for any dispute between the parties arising out of these terms and conditions or pertaining to the subject matter of these terms and conditions will be in the state and federal courts located within New Jersey. You and Gemini agree that any cause of action arising out of or related to the Web site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
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