Introduction
Welcome to Good Luck Gem® Clothing, 2 Piece Set, Pants, Skirt (the “Site”). This Site is operated by Good Luck Gem LLC (“Good Luck Gem”, “we” or “us”). These Terms of Use (“Terms”) govern your access to and use of the Site and our online store, including any content, functionality, products and services offered on or through the Site, whether as a guest or a registered user.
Please read the Terms carefully before you start to use the Site. By using the Site or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by the Terms and our Privacy Policy, found at goodluckgem.shop/privacy-policy, incorporated herein by reference. If you do not want to agree to the Terms or the Privacy Policy, you must not access or use the Site.
Modifications to the Terms
We may revise and update the Terms from time to time at our sole discretion. All changes are effective immediately when we post them. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Site
We grant you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent from us. No portion of the Site may be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by us in writing.
You may not access or use the Site for any purpose other than that for which we make the site and our services available. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited.
We reserve the right to withdraw or amend the services provided on the Site without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site.
You are responsible for:
- Making all arrangements necessary for you to have access to the Site.
- Ensuring that all persons who access the Site through your internet connection are aware of the Terms and comply with them.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide is correct, current, and complete.
Intellectual Property Rights
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Good Luck Gem, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing those materials.
- You may store files that are automatically cached by your browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
You must not:
- Modify copies of any materials from the Site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site.
If you wish to make any use of material on the Site other than that set out in this section, please address your request to: [email protected].
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved. Any use of the Site not expressly permitted by the Terms is a breach of the Terms and may violate copyright, trademark and other laws.
The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of Good Luck Gem, Good Luck Gem’s licensors and suppliers, and others. The Trademarks owned by Good Luck Gem, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion with customers, or in any manner that disparages Good Luck Gem. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without our express written permission. Misuse of any Trademarks is prohibited.
Online Store Terms
By agreeing to the Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of our products, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without express written permission by us.
Accuracy of Information
We attempt to ensure that information on the Site is complete, accurate and current. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Site. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. In addition, we may make changes in information about price and availability without notice. While we strive to provide accurate information, the Site is provided on an “as is” and “as available” basis and we do not warrant the accuracy, completeness or currency of the information provided.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Site.
Account Registration
You may browse the Site without registering for an account. However, to purchase products from our online store or access certain features or content on the Site, you may need to register and create an account.
If you register for an account, you must provide us with accurate, complete, and updated registration information. Your failure to do so will constitute a breach of the Terms. You must not impersonate someone else or provide account information or an email address other than your own. Your account username must not be vulgar or otherwise offensive. You are responsible for maintaining the confidentiality of your account password and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Good Luck Gem is not responsible for third party access to your account that results from theft or misappropriation of your account. We reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
Orders and Payment
By placing an order on the Site, you represent and warrant that you are at least 18 years old and are legally capable of entering into binding contracts.
When you place an order, you will be required to provide certain information relevant to your purchase including your name, credit card number, credit card expiration date, billing address, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY PURCHASE. You agree to pay all charges incurred by users of your credit card(s) or other payment method, and you authorize us to charge your chosen payment provider (e.g., credit card company) for any products or services purchased. If we do not receive payment from your credit card issuer or its agents, you agree to pay all amounts due upon demand.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Return and Refund Policy
Please review our Return and Refund Policy posted at goodluckgem.shop/returns for information on how to request a refund or exchange if you are not satisfied with a product you purchase from Good Luck Gem.
Shipping and Delivery
We will make every effort to deliver your order according the estimated delivery times provided during the checkout process. However, delays are occasionally inevitable due to unforeseen factors. We are not liable for delays caused by traffic, weather conditions, or other events outside of our control.
We do not deliver to PO boxes or military (APO, FPO, PSC) boxes. If you place an order for delivery to one of these, your order may be cancelled.
If the products shipped are damaged in transit, please contact us right away so we can initiate any claims with the carrier and arrange replacement or refund. Please save all packaging materials in case damage is reported.
All shipping charges are your responsibility and will be calculated and displayed at checkout prior to completing your order.
If you receive products different than what you ordered, or if the products delivered are damaged, incomplete, or otherwise incorrect, please contact us right away so we can make it right.
Links to Third Party Websites
The Site may contain links or connections to third party websites or services that are not owned or controlled by Good Luck Gem. When you access third party websites, you do so at your own risk. We are not responsible for the content, policies or practices of third party websites. Links to other websites do not imply our endorsement or approval of material on those sites or any association with their operators. We encourage you to review policies of third party sites before disclosing any personal information.
Limitations of Liability
Good Luck Gem will not be liable to you or any other party for any direct, indirect, incidental, special, consequential or exemplary damages resulting from your use of or inability to use the Site or any content on the Site, any statement or conduct posted by a third party on the Site, or any unauthorized access to or alteration of your transmission or data, even if we have been advised of the potential for such damages. These limitations shall apply to the fullest extent permitted by law.
In no event will Good Luck Gem’s total aggregate liability arising out of or in connection with your use of or inability to use the Site exceed the greater of one hundred dollars ($100) or the amount you paid to Good Luck Gem for the content, product or service out of which the liability arose.
You agree that your use of the Site is at your sole risk and acknowledge that the Site is provided “as is” and “as available”. Some jurisdictions do not allow the limitation of certain warranties, so some of the above limitations may not apply to you.
Indemnification
Upon a request by us, you agree to defend, indemnify, and hold harmless Good Luck Gem and our parent, subsidiaries, affiliates, officers, directors, agents, partners, joint venturers, employees, suppliers, vendors, licensors, and licensees, from any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, brought or made by a third party relating to or arising from your breach of the Terms or your use of the Site, or from your violation of any law or the rights of a third party.
Governing Law and Jurisdiction
All matters relating to your access to, and use of, the Site and these Terms will be governed by the laws of the state of California and United States federal law. Any legal action or proceeding relating to your access to, or use of the Site or these Terms may be brought in the federal or state courts located in or with jurisdiction over San Francisco County, California. You and Good Luck Gem agree to submit to the personal jurisdiction of those courts for the purpose of litigating all claims or disputes unless said claim may be properly removed to federal court by Good Luck Gem, in which case, the claim will be litigated in the proper federal court with jurisdiction and venue over San Francisco, California.
Dispute Resolution
If a dispute arises between you and Good Luck Gem, we strongly encourage you to first contact us directly to seek a resolution by going to our contact page at goodluckgem.shop/contact. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Severability and Interpretation
If any provision of the Terms is held to be invalid or unenforceable, the provision will be struck and the remaining provisions will be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of the Terms.
Entire Agreement
The Terms constitute the entire agreement between you and Good Luck Gem and govern your use of the Site, superseding any prior agreements between you and Good Luck Gem regarding the Site.
Contact Us
If you have any questions about the Terms or the Site, please contact us at:
Good Luck Gem LLC
123 Main Street
San Francisco, CA 94105
Email: [email protected]