Policies

Table of Contents

Disclaimer for Products

Products sold by GEM Spirit, a legally registered entity under COCO City LLC in Seattle, Washington, are designed to enhance the user’s own energy. Our crystals, crystal jewelry, and related items rely on the user’s intentions. These products do not constitute a warranty, guarantee, or prediction regarding outcomes. We do not provide medical advice, and our products are not substitutes for medical treatment. Consult a licensed healthcare professional for medical concerns. When you purchase and/or use a GEM Spirit product, you agree to fully release, indemnify, and hold harmless GEM Spirit and COCO City LLC, its principals, owners, personal representatives, consultants, employees, and assigns from any claim or liability whatsoever and for any damage or injury, personal, financial, emotional, psychological, or otherwise, which you may incur arising at any time out of or in relation to your use of the products sold on this website. If any court of law rules that any part of the Disclaimer is invalid, the Disclaimer stands as if those parts were struck out. We, at GEM Spirit and COCO City LLC, are not doctors and cannot give out medical advice. Healing crystals should be used as a complement to other therapies and not as a replacement for medical treatment, diagnosis, or examination. For medical advice, please consult a licensed healthcare specialist.

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Terms & Conditions

IMPORTANT – READ CAREFULLY: These Terms of Use (“Terms”) are a legally binding agreement between you (“User”) and "GEM Spirit" and "COCO City LLC", a Washington corporation for the use of this Website (the “Website”), including the purchase of merchandise and services advertised on this Website (“Order” or “Orders”). Access to and use of this Website by any User is subject to these Terms, including any modifications or additions to these Terms from time to time issued by "GEM Spirit" and "COCO City LLC", and all applicable laws and regulations.{' '} BY ACCESSING OR USING THIS WEBSITE OR PLACING AN ORDER, USER AGREES TO BE BOUND BY THESE TERMS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE

OVERVIEW
This website is operated by GEM Spirit. Throughout the site, the terms “we”, “us” and “our” refer to GEM Spirit. GEM Spirit offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, 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 the Service, 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 Services.

SECTION 2 - GENERAL CONDITIONS
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 Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy: [LINK TO REFUND POLICY]

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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 Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall GEM Spirit, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless GEM Spirit and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@gemspirit.us 
Our contact information is posted below:
info@gemspirit.us 

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General

This Website provides information about "GEM Spirit" and "COCO City LLC" and its merchandise and services and facilitates the purchase of such merchandise and services. All merchandise advertised on this Website is available for delivery throughout the World. Use of this Website is limited to legitimate purposes. "GEM Spirit" and "COCO City LLC" may, from time to time, introduce new features to this Website, or modify or delete existing features, in its sole discretion. "GEM Spirit" and "COCO City LLC" shall notify User of any of these changes to features to the extent "GEM Spirit" and "COCO City LLC" is required by law to do so. By using any new or modified features when they become available, User agrees to be bound by these Terms concerning such features. Any access or attempted access of other areas of "GEM Spirit" and "COCO City LLC"’s computer systems or other information contained therein for any purpose is strictly prohibited. User agrees not to interfere in any way with others’ use of or access to this Website or to take any action that imposes an unreasonable or unusually large load on this Website. "GEM Spirit" and "COCO City LLC" reserves the right to report any activity that it reasonably suspects violates any law or regulation and to disclose any information to law enforcement officials, regulators, or other appropriate third parties. "GEM Spirit" and "COCO City LLC" has the right in its sole discretion, and without prior notice and from time to time, to modify these Terms with respect to User’s access to or use of this Website. Such modifications and additions shall be effective immediately upon posting the modified Terms to this Website, which posting shall be deemed notice to User. If User disagrees with the changes to these Terms, User should discontinue User’s use of this Website. Any access to or use of this Website after posting of modifications or additions to these Terms shall constitute and be deemed to be such User’s agreement to such modified Terms.{' '} "GEM Spirit" and "COCO City LLC" RESERVES THE RIGHT, AT ANY TIME AND FROM TIME TO TIME, TO CHANGE ITS ORDERING AND BILLING PROCEDURES EFFECTIVE UPON POSTING SUCH CHANGES ON THIS WEBSITE. "GEM Spirit" and "COCO City LLC" has the right to modify, suspend or discontinue, temporarily or permanently, this Website, any merchandise or services advertised by "GEM Spirit" and "COCO City LLC" through this Website, or any User’s right to access or use any portion of this Website, in "GEM Spirit" and "COCO City LLC"’s sole discretion, at any time and without prior notice, for any reason, including without limitation: (1) attempts by User (or other party) to gain unauthorized access to this Website or assist others in attempting to do so, (2) User (or other party) disabling any security features on this Website, (3) User’s violation of these Terms, (4) failure of User to pay for merchandise or services ordered hereunder or any related charges, (5) suspected or actual infringement of a third party’s intellectual property rights, or (6) pursuant to requests by law enforcement or other government agencies. The obligations and liabilities of User incurred prior to the termination date shall survive the termination of these Terms for all purposes.{' '} {' '} USER ACKNOWLEDGES AND AGREES THAT "GEM Spirit" and "COCO City LLC" SHALL NOT BE LIABLE TO USER OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THIS WEBSITE OR ANY MERCHANDISE OR SERVICES ADVERTISED ON THIS WEBSITE OR ORDERED BY USER THROUGH THIS WEBSITE.

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Orders

To purchase any merchandise and/or services on this Website, User must be legally permitted to enter into a legally binding contract (at least eighteen (18) years old in most jurisdictions. Prior to the purchase of any merchandise or services on this Website, User must provide a valid credit card number (or other payment method acceptable to "GEM Spirit" and "COCO City LLC") and related payment information, including all of the following: (i) User’s name exactly as it appears on the credit card, (ii) User’s credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge User’s credit card. By submitting that information, User hereby authorizes "GEM Spirit" and "COCO City LLC" to charge User’s credit card for such purchases. The risk of loss and title for all merchandise ordered on this Website passes to User when the merchandise is delivered to the shipping carrier. USER REPRESENTS AND WARRANTS TO "GEM Spirit" and "COCO City LLC" THAT USER IS AUTHORIZED TO ENTER INTO AND BE BOUND BY THESE TERMS. {' '} By ordering merchandise or services on this Website, User shall be deemed to have ordered the specified merchandise and/or services from "GEM Spirit" and "COCO City LLC" pursuant to these Terms. The acceptance and fulfillment by "GEM Spirit" and "COCO City LLC" of any Order placed on this Website is subject to User’s acceptance of and compliance with all of these Terms. User accepts these Terms by placing an Order through this Website or by receiving delivery of any merchandise ordered by User from this Website. All other contrary terms and conditions are hereby rejected by "GEM Spirit" and "COCO City LLC", and no addition or modification to these Terms shall be binding unless specifically agreed to in writing by "GEM Spirit" and "COCO City LLC". "GEM Spirit" and "COCO City LLC" shall not be deemed to have accepted User’s Order unless and until "GEM Spirit" and "COCO City LLC" sends to User, through electronic means or other written communication, an acknowledgment that User’s Order has been received and accepted by "GEM Spirit" and "COCO City LLC", and will be fulfilled by "GEM Spirit" and "COCO City LLC". "GEM Spirit" and "COCO City LLC"’s acceptance of any Order by User is made only with the express understanding that these Terms shall govern any Order placed by User. All prices for merchandise and services on this Website are quoted in U.S. currency. User shall be responsible for any tax or other governmental charge related to the sale, use or delivery of the merchandise or services, including, but not limited to, sales tax, use tax, retailer’s occupational tax, and value added tax. "GEM Spirit" and "COCO City LLC" shall automatically charge User’s credit card and withhold the applicable tax for Orders to be delivered to addresses in any states, localities or other jurisdictions that it deems is required, however "GEM Spirit" and "COCO City LLC"’s failure to do so shall not relieve User of any liability for such taxes. Merchandise availability is subject to change at any time. "GEM Spirit" and "COCO City LLC" makes no representations or warranties regarding the availability of merchandise in all areas. "GEM Spirit" and "COCO City LLC" shall have the right to refuse or cancel any Orders for merchandise and/or services listed at an incorrect price or rebate amount, or containing any other incorrect information or typographical errors. "GEM Spirit" and "COCO City LLC" shall have the right to refuse or cancel any such Orders whether or not the Order has been accepted by "GEM Spirit" and "COCO City LLC" and/or User’s credit card has been debited. If User’s credit card has already been charged for the Order and User’s Order is refused or canceled, "GEM Spirit" and "COCO City LLC" shall promptly issue a credit to User’s credit card account in the amount of the charge. All payments for Orders on this Website must be made by VISA, MasterCard, American Express, Discover or Paypal. Except as may be expressly set forth on this Website, "GEM Spirit" and "COCO City LLC" does not accept any other payment form. User’s credit card agreement with the issuer of such card shall govern User’s use of such credit card, and User must look only to that agreement and not to these Terms to determine User’s rights and obligations relating thereto. User agrees to pay all fees and charges, including taxes incurred in connection with User’s Orders, at the rates in effect when the charges were incurred. Unless User notifies "GEM Spirit" and "COCO City LLC" of any discrepancies in charges for Orders placed through this Website within sixty (60) days after they first appear on User’s credit card statement, User agrees that such charges will be deemed accepted by User for all purposes hereunder. In the event "GEM Spirit" and "COCO City LLC" does not receive payment from User’s credit card issuer or its agent, User shall pay all amounts due upon demand by "GEM Spirit" and "COCO City LLC". User shall remain responsible for any unauthorized charges to or Orders using User’s credit card including unauthorized use by a third party. If "GEM Spirit" and "COCO City LLC" does not receive payments when they are due, then User agrees to pay all amounts owed to "GEM Spirit" and "COCO City LLC" upon demand by "GEM Spirit" and "COCO City LLC". If "GEM Spirit" and "COCO City LLC" is unable to collect amounts owed on User’s accounts, "GEM Spirit" and "COCO City LLC" may refer those accounts to a collection agency, and User will be responsible for all costs of collection. Policy for Return of Merchandise. By placing an Order on this Website, User indicates that User has read and agrees to "GEM Spirit" and "COCO City LLC"’s Returns Policy. The Returns Policy may be changed from time to time and is effective immediately after "GEM Spirit" and "COCO City LLC" posts such changes on this Website. In addition, when using particular services on this Website, User agrees that User is subject to any posted policies or rules applicable to any such services User uses through this Website, that may be posted on this Website from time to time. Any such posted policies or rules are hereby incorporated by reference into this Agreement as if fully set forth herein. In states where "GEM Spirit" and "COCO City LLC" has no physical presence, "GEM Spirit" and "COCO City LLC" is not required to collect and remit sales tax for merchandise and services purchased through the Website. However, many states require that their residents file a sales or use tax return for merchandise or services purchased online. User should consult User’s state and local tax laws to determine compliance with tax laws and regulations in User’s geographic area. In some states, "GEM Spirit" and "COCO City LLC" collects and remits sales tax. For purchases where sales tax is applicable, the tax calculated will be reflected on the checkout page before User is asked to confirm the purchase. "GEM Spirit" and "COCO City LLC" uses commercial reasonable efforts to calculate and remit the correct amount of tax required on each taxable purchase, but "GEM Spirit" and "COCO City LLC" does not guarantee the accuracy of the amount of the tax "GEM Spirit" and "COCO City LLC" represents to User as the tax owed. Minor errors may occur owing to the inability to accurately track multiple taxing districts, state and local “tax holidays,” the timing of rate changes or the application of certain taxes to categories of items advertised on this Website. As a result of any error, "GEM Spirit" and "COCO City LLC" may over collect or under collect the tax. In consideration of "GEM Spirit" and "COCO City LLC" allowing User access to and use of the Website, and in collecting and remitting taxes required on User’s purchases, User hereby waives its right to claim that the tax collected on any purchase is incorrect in any respect and agree to hold harmless "GEM Spirit" and "COCO City LLC", its officers, directors, employees, agents and representatives (and those of its affiliates), for any harm or other damages User may incur as a result of "GEM Spirit" and "COCO City LLC"’s error in calculating the taxes User on User’s purchases. USER REPRESENTS AND WARRANTS TO GEM Spirit and COCO City LLC THAT USER IS AUTHORIZED TO ENTER INTO AND BE BOUND BY THESE TERMS. By ordering merchandise or services on this Website, User shall be deemed to have ordered the specified merchandise and/or services from GEM Spirit and COCO City LLC pursuant to these Terms. The acceptance and fulfillment by GEM Spirit and COCO City LLC of any Order placed on this Website is subject to User’s acceptance of and compliance with all of these Terms. User accepts these Terms by placing an Order through this Website or by receiving delivery of any merchandise ordered by User from this Website.

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Website Use

Users who wish to order certain merchandise or services using this Website or to access “My Account” are required to provide their email address to register on this Website. "GEM Spirit" and "COCO City LLC" may accept or reject any Registration Agreement in its sole discretion. User represents and warrants that the information provided when registering is accurate, complete and current as of the date submitted and that User will update such information from time to time as necessary. These Terms shall be incorporated into, and form an integral part of, each Registration Agreement. As part of the registration process, User will select a user name (“User Name”) and a password (“Password”) to access the User Name. User’s User Name and Password are User’s credentials to access this Website. User may not have a User Name that is vulgar, attempts to impersonate another person or violates the rights of others. "GEM Spirit" and "COCO City LLC" also may reject any User Name that "GEM Spirit" and "COCO City LLC" determines in its discretion is unacceptable for use on this Website. User is solely responsible for all use of this Website under its User Name and Password and for maintaining the confidentiality of its User Name and Password and will (i) promptly notify "GEM Spirit" and "COCO City LLC" of any actual or suspected unauthorized use of this Website and (ii) ensure that User exits from User’s account at the end of each session. By establishing a User Name with "GEM Spirit" and "COCO City LLC", and each time User submits an Order through this Website, User authorizes "GEM Spirit" and "COCO City LLC" to contact User at User’s e-mail address. User may stop receiving "GEM Spirit" and "COCO City LLC"’s marketing e-mails by following the opt-out procedures set forth in such e-mails. User is solely responsible for maintaining the security of its User Name and Password. User may not disclose its User Name or Password to any third party (other than third parties authorized by User to use User’s account) and is solely responsible for any use of or action taken under its User Name and Password on this Website. User is responsible for changing its User Name and Password if either is compromised. User agrees that "GEM Spirit" and "COCO City LLC", in its sole discretion, may terminate User’s Password or User Name or use of this Website for any reason, including, without limitation, for lack of use, or if "GEM Spirit" and "COCO City LLC" believes that User has violated or acted inconsistently with the letter or spirit of these Terms. User agrees that any termination of User’s Password or User Name or use of this Website may be effected without prior notice and acknowledges and agrees that "GEM Spirit" and "COCO City LLC" may immediately deactivate or delete User’s account and all related information and files and/or bar any further access to such information and files. User agrees that "GEM Spirit" and "COCO City LLC" shall not be liable to User or any third party for any termination of User’s access, as provided herein. "GEM Spirit" and "COCO City LLC" may, at its option, change the parameters for passwords used to access this Website without prior notice to User. If "GEM Spirit" and "COCO City LLC" does so, User will be prompted, and will be required, to change its Password the next time User accesses this Website under the User Name. To prevent unauthorized access to User accounts and to prevent unauthorized use of this Website, User agrees to protect and keep confidential its User Name, Password or other means of accessing User accounts on this Website. If User discloses User’s User Name and/or Password to any person(s) or entity, User assumes all risks and losses associated with such disclosure. If User permits any other person(s) or entity to use this Website with User’s User Name, Password, or other means of accessing User accounts, User is responsible for any transactions and activities performed from User accounts and for any use of User personal and account information by such person(s) or entity. "GEM Spirit" and "COCO City LLC" cannot and will not be liable for any loss or damage arising from User’s failure to comply with User’s obligations hereunder. "GEM Spirit" and "COCO City LLC" reserves the right to suspend or terminate any User Name or Password upon notice to User that it reasonably determines may have been used for an unauthorized purpose. "GEM Spirit" and "COCO City LLC" will not be liable for any damage, injury or other such loss that User incurs by failing to maintain the confidentiality of the password or by otherwise failing to comply with these Terms. User may use the records, documents and information obtained through this Website only as necessary to use this Website’s services or to place an Order with "GEM Spirit" and "COCO City LLC". Without limiting the foregoing or expanding any User rights hereunder, User agrees that it will not (A) republish, reproduce, sell, resell, distribute (through linking or framing or otherwise) or make any commercial use of this Website (other than the ordering of merchandise in accordance with these Terms and the Registration Agreement) or any of the information available through this Website; (B) make any use of any such information or the facilities of "GEM Spirit" and "COCO City LLC" that would allow an unauthorized third party to have access to or the benefits of this Website; (C) collect or use other users’ e-mail addresses or other users’ information, ratings or listings, or otherwise conduct any data extraction or data mining whatsoever. User agrees that, while using this Website, User will not: (A) transmit or post on this Website any message under a false name; (B) transmit or post on this Website any unlawful, libelous, defamatory, threatening, abusive, harassing or otherwise objectionable information of any kind, including, without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability under or otherwise violate any applicable law; (C) transmit or post on this Website any record, document or information that discloses private or personal matters concerning any person, including, but not limited to, messages or information that would violate a person’s rights of privacy or publicity; (D) transmit or post on this Website any record, document, information, file or software that contains a virus, worm, Trojan Horse or any other contaminating or destructive features; (E) transmit or post on this Website any record, document, information, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets, confidential or other proprietary information, or use of trademarks or service marks in an infringing fashion; (F) interfere, in any way, with other use of or access to this Website; (G) offer for sale or sell illegal merchandise, including counterfeit merchandise or merchandise or services that violate or infringe upon the patent rights, copyrights, trade secrets, trademarks or other intellectual property rights or other rights of any person or entity; or (H) modify, delete or alter any information or Order placed by or on behalf of any other user. User agrees to comply with all applicable laws, statutes and regulations regarding use of this Website, including ordering and/or purchasing merchandise and services. "GEM Spirit" and "COCO City LLC" may report fraudulent conduct to law enforcement authorities, and "GEM Spirit" and "COCO City LLC" will cooperate with such authorities. "GEM Spirit" and "COCO City LLC" reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement or regulatory officials. In order to cooperate with governmental requests, to protect "GEM Spirit" and "COCO City LLC"’s systems and customers, or to ensure the integrity and operation of "GEM Spirit" and "COCO City LLC"’s business and systems, "GEM Spirit" and "COCO City LLC" may access and disclose any information it considers necessary or appropriate, including, without limitation, User contact details, IP addressing and traffic information, usage history and posted content. User agrees to comply with all local rules regarding online conduct and acceptable content. User agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which User resides. Confidentiality. "GEM Spirit" and "COCO City LLC" holds the confidentiality of its Users in the highest regard and will take all commercially reasonable measures not to disclose information about User or User’s communications to any other party, except when "GEM Spirit" and "COCO City LLC" believes, in good faith, that such action is reasonably necessary to: (i) comply with applicable law or with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the legitimate interests of "GEM Spirit" and "COCO City LLC" or others. Notwithstanding the foregoing, User acknowledges and agrees that any information it enters in this Website may be viewed by any other user with access to User’s Customer Number. Notwithstanding the foregoing, User agrees that any information or materials that User or individuals acting on User’s behalf provide to "GEM Spirit" and "COCO City LLC" will not be considered confidential or proprietary. By providing any such information or materials to "GEM Spirit" and "COCO City LLC", User grants to "GEM Spirit" and "COCO City LLC" an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials. User further agrees that "GEM Spirit" and "COCO City LLC" is free to use any ideas, concepts or know-how that User, or individuals acting on User’s behalf, provides to "GEM Spirit" and "COCO City LLC". User hereby agrees that any comments, feedback or recommendations of User for the improvement or modification of this Website or the merchandise or services advertised herein shall be the sole property of "GEM Spirit" and "COCO City LLC". Privacy Policy. Registration data, and certain other information about User, is subject to "GEM Spirit" and "COCO City LLC"’s Privacy Policy. "GEM Spirit" and "COCO City LLC" does not sell, rent or give personally identifiable information about Users to third parties, except to the extent specified in these Terms or in its Privacy Policy, User must disclose certain personally identifiable information to use this Website, register and make purchases. As a condition of registering on this Website or making any purchases of any merchandise and/or services or conducting any transactions, User represents that User has first read "GEM Spirit" and "COCO City LLC"’s Privacy Policy and consents to the collection, use and disclosure of User’s Personally Identifiable Information and Non-Personally Identifiable Information as described in "GEM Spirit" and "COCO City LLC"’s Privacy Policy. "GEM Spirit" and "COCO City LLC"’s Privacy Policy’s terms and conditions will change from time to time, and as a condition of browsing this Website, using any features or making any purchase, User agrees that User will first review "GEM Spirit" and "COCO City LLC"’s Privacy Policy prior to making any initial or subsequent purchases. While "GEM Spirit" and "COCO City LLC" takes reasonable steps to safeguard and to prevent unauthorized access to User’s personal information, "GEM Spirit" and "COCO City LLC" cannot be responsible for the acts of those who gain unauthorized access, and "GEM Spirit" and "COCO City LLC" makes no warranty, express, implied or otherwise, that "GEM Spirit" and "COCO City LLC" will prevent unauthorized access to User’s private information.{' '} IN NO EVENT SHALL "GEM Spirit" and "COCO City LLC" OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO USER’S PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER "GEM Spirit" and "COCO City LLC" WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE .

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Prohibited Actions

Users are strictly prohibited from reproducing, distributing, modifying, or otherwise using any content from this site without prior written consent from GEM Spirit and COCO City LLC. Unauthorized use may result in legal action. GEM Spirit and COCO City LLC reserves the right to pursue any and all legal remedies available to it in the event of unauthorized use of its intellectual property.

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Confidentiality

GEM Spirit and COCO City LLC holds the confidentiality of its Users in the highest regard and will take all commercially reasonable measures not to disclose information about User or User’s communications to any other party, except when GEM Spirit and COCO City LLC believes, in good faith, that such action is reasonably necessary to: (i) comply with applicable law or with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the legitimate interests of GEM Spirit and COCO City LLC or others. Notwithstanding the foregoing, User agrees that any information or materials that User or individuals acting on User’s behalf provide to GEM Spirit and COCO City LLC will not be considered confidential or proprietary. By providing any such information or materials to GEM Spirit and COCO City LLC, User grants to GEM Spirit and COCO City LLC an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials. User further agrees that GEM Spirit and COCO City LLC is free to use any ideas, concepts, or know-how that User, or individuals acting on User’s behalf, provides to GEM Spirit and COCO City LLC. User hereby agrees that any comments, feedback, or recommendations of User for the improvement or modification of this Website or the merchandise or services advertised herein shall be the sole property of GEM Spirit and COCO City LLC.

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Privacy Policy

"GEM Spirit" and "COCO City LLC" . respects your right to privacy and is committed to protecting our customers’ Personal Information (defined below). This Privacy Policy summarizes the following practices regarding information collection, use and disclosure practices for https://gemspirit.us/.What information does "GEM Spirit" and "COCO City LLC" collect from you, how do we collect information from you and how do we use it? With whom do we share your information? How can you update, correct or delete your personally identifiable information? What are your choices regarding collection, use and distribution of your information? What security precautions are in place to protect against the loss, misuse or alteration of your information? Use of “cookies.” Contacting "GEM Spirit" and "COCO City LLC" about privacy questions or concerns. Changes to this Privacy Policy. This Privacy Policy does not apply to any website owned and/or operated by or on behalf of any third party, even if we provide a link to such website on our Website. Capitalized terms used herein without definition shall have the meanings given such terms in the "GEM Spirit" and "COCO City LLC"’s Terms and Conditions of Use. When we refer to “"GEM Spirit" and "COCO City LLC",” “we,” “us” or “our,” we mean "GEM Spirit" and "COCO City LLC" or the specific division, subsidiary, affiliate or Agent (defined below) that operates this Website, provides its content or processes information received through it, each as appropriate and applicable. When we refer to “you” or “your,” we mean the person accessing this website. If the person accessing this Website acts on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization. We created this Privacy Policy to help you understand how we collect Personal Information, what types of Personal Information we collect, how we use it, the steps we take to safeguard it, and the choices you have regarding how it may be used and disclosed. This Privacy Policy addresses some types of information, including Personal Information, means of collecting such information, and uses of such information that may not presently apply to one or more of the Websites. We are nevertheless advising you about these matters because we want to maintain flexibility in offering additional features without having to revisit this Privacy Policy every time we revise the Websites or offer new functions. No description of any type of information, means of collecting information, including Personal Information, or use of such information will obligate us to collect any particular information, make any particular use of any such information, or offer any particular functionality. In order to operate the Website and provide you with information, products and services that may be requested by or of interest to you, we may also collect and retain Personal Information. “Personal Information” refers to information that identifies (whether directly or indirectly) a particular individual, such as information you provide on our forms, surveys, applications or similar online fields. Examples of Personal Information may include your name, postal address, e-mail address, telephone number, Social Security number, date of birth or financial information (e.g., passwords, bank and other financial institution account numbers and billing address) and demographic information (e.g., zip code, hometown, gender, financial transaction history information and age. By submitting your Personal Information through our Website, you will be considered to have given your permission and consent for the collection, use, retention and disclosure of your Personal Information as set forth in this Privacy Policy. Use of our Website and "GEM Spirit" and "COCO City LLC"’s services is strictly limited to persons who are of legal age in the jurisdictions in which they reside. You must be at least eighteen (18) years of age to use our Website and "GEM Spirit" and "COCO City LLC"’s services. "GEM Spirit" and "COCO City LLC" will not knowingly accept any information from an individual under the age of thirteen (13) years. In compliance with the Children’s Online Privacy Protection Act (“COPPA”), any information that "GEM Spirit" and "COCO City LLC" may receive from any individual who is reasonably believed to be under the age of thirteen (13) years will be deleted. If you are under the age of thirteen (13) years, please do not provide any Personal Information through the Website. If you are under the age of thirteen (13) years and have already provided Personal Information through the Website, please have your parent or guardian contact us immediately using the information below so that we can remove such Personal Information from our files. This Privacy Policy does not apply to any other website or offline point of contact between us and you. This Privacy Policy does not cover information, including Personal Information, we collect by means other than the Website. If you have any questions about how we use information, including Personal Information, collected by means other than the Websites, you should inquire at or before the time you give such information to us. "GEM Spirit" and "COCO City LLC" reserves the right, in its sole and absolute discretion, to change, modify, add or remove any portion of the terms, in whole or in part, of this Privacy Policy at any time. Please review this Privacy Policy periodically, as we may update it from time to time. Each time you visit any of the Websites or provide us with information, including Personal Information, by doing so you are accepting the practices described in this Privacy Policy as in effect at that time. WHAT PERSONAL INFORMATION DO WE GATHER? When you visit this Website, you may provide "GEM Spirit" and "COCO City LLC" with two types of information: Personal Information you knowingly and voluntarily choose to disclose, and information that we automatically collect as you browse this Website. We contract with other companies to provide certain services, including credit card processing, affiliate marketing and shipping. We provide these companies with only the information they need to perform their services and work closely with them to ensure that your privacy is respected and protected. These companies are prohibited by contract from using this information for their own marketing purposes or from sharing this information with anyone other than "GEM Spirit" and "COCO City LLC" and its affiliates. The web servers that serve the Website may gather certain navigational information about where visitors go on our Website and information about the technical efficiencies of our Website and services. In the process of gathering navigational information, anonymous information may be collected which will provide information regarding a visitor’s use of our Website. Anonymous information means information that does not directly or indirectly identify, and cannot reasonably be used to identify, a particular individual. Examples of anonymous information may include information about your Internet browser, domain type, service provider and IP address information collected through tracking technologies (see “How We May Collect Your Information,” below, for additional information regarding our use of tracking technologies) and aggregated or de-identified data. We may also collect location information, which means information that may be collected by certain mobile applications and that identifies your physical location. This information may be collected from your mobile device’s location-aware features when you request certain services that are dependent on your physical location. HOW WE MAY COLLECT YOUR INFORMATION: Information Collected and Stored Automatically Your IP Address Like most e-commerce websites, each time you visit any Website, we may automatically collect your IP address and the web page from which you came. In order to administer and optimize the Websites for you and to diagnose potential issues with our Website, we may use your IP address to help identify you and to gather broad demographic information about you. We may also supplement this information with Website traffic information that is collected automatically when you visit our Website, and with information acquired from our joint marketing partners, third parties and our affiliated companies. Mobile Terms of Service "GEM Spirit" and "COCO City LLC" Last updated: May 20, 2024 The "GEM Spirit" and "COCO City LLC" mobile message service (the "Service") is operated by "GEM Spirit" and "COCO City LLC" (“"GEM Spirit" and "COCO City LLC"”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes. By consenting to "GEM Spirit" and "COCO City LLC"’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of "GEM Spirit" and "COCO City LLC" through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with "GEM Spirit" and "COCO City LLC". Your participation in this program is completely voluntary. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. You may opt-out of the Service at any time. Text the single keyword command STOP to +18446211354 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other "GEM Spirit" and "COCO City LLC" mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, email info@gemspirit.us We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Last updated: 07/12/2024

This Privacy Policy describes how GEM Spirit (the "Site", "we", "us", or "our") collects, uses, and discloses your personal information when you visit, use our services, or make a purchase from gemspirit.us (the "Site") or otherwise communicate with us (collectively, the "Services"). For purposes of this Privacy Policy, "you" and "your" means you as the user of the Services, whether you are a customer, website visitor, or another individual whose information we have collected pursuant to this Privacy Policy.

Please read this Privacy Policy carefully. By using and accessing any of the Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use or access any of the Services.

Changes to This Privacy Policy

We may update this Privacy Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will post the revised Privacy Policy on the Site, update the "Last updated" date and take any other steps required by applicable law.

How We Collect and Use Your Personal Information

To provide the Services, we collect and have collected over the past 12 months personal information about you from a variety of sources, as set out below. The information that we collect and use varies depending on how you interact with us.

In addition to the specific uses set out below, we may use information we collect about you to communicate with you, provide the Services, comply with any applicable legal obligations, enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.

What Personal Information We Collect

The types of personal information we obtain about you depends on how you interact with our Site and use our Services. When we use the term "personal information", we are referring to information that identifies, relates to, describes or can be associated with you. The following sections describe the categories and specific types of personal information we collect.

Information We Collect Directly from You

Information that you directly submit to us through our Services may include:

  • Basic contact details including your name, address, phone number, email.
  • Order information including your name, billing address, shipping address, payment confirmation, email address, phone number.
  • Account information including your username, password, security questions.
  • Shopping information including the items you view, put in your cart or add to your wishlist.
  • Customer support information including the information you choose to include in communications with us, for example, when sending a message through the Services.

Some features of the Services may require you to directly provide us with certain information about yourself. You may elect not to provide this information, but doing so may prevent you from using or accessing these features.

Information We Collect through Cookies

We also automatically collect certain information about your interaction with the Services ("Usage Data"). To do this, we may use cookies, pixels and similar technologies ("Cookies"). Usage Data may include information about how you access and use our Site and your account, including device information, browser information, information about your network connection, your IP address and other information regarding your interaction with the Services.

Information We Obtain from Third Parties

Finally, we may obtain information about you from third parties, including from vendors and service providers who may collect information on our behalf, such as:

  • Companies who support our Site and Services, such as Shopify.
  • Our payment processors, who collect payment information (e.g., bank account, credit or debit card information, billing address) to process your payment in order to fulfill your orders and provide you with products or services you have requested, in order to perform our contract with you.
  • When you visit our Site, open or click on emails we send you, or interact with our Services or advertisements, we, or third parties we work with, may automatically collect certain information using online tracking technologies such as pixels, web beacons, software developer kits, third-party libraries, and cookies.

Any information we obtain from third parties will be treated in accordance with this Privacy Policy. We are not responsible or liable for the accuracy of the information provided to us by third parties and are not responsible for any third party's policies or practices. For more information, see the section below, Third Party Websites and Links.

How We Use Your Personal Information

  • Providing Products and Services. We use your personal information to provide you with the Services in order to perform our contract with you, including to process your payments, fulfill your orders, to send notifications to you related to you account, purchases, returns, exchanges or other transactions, to create, maintain and otherwise manage your account, to arrange for shipping, facilitate any returns and exchanges and to enable you to post reviews.
  • Marketing and Advertising. We use your personal information for marketing and promotional purposes, such as to send marketing, advertising and promotional communications by email, text message or postal mail, and to show you advertisements for products or services. This may include using your personal information to better tailor the Services and advertising on our Site and other websites.
  • Security and Fraud Prevention. We use your personal information to detect, investigate or take action regarding possible fraudulent, illegal or malicious activity. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. We highly recommend that you do not share your username, password, or other access details with anyone else. If you believe your account has been compromised, please contact us immediately.
  • Communicating with you. We use your personal information to provide you with customer support and improve our Services. This is in our legitimate interests in order to be responsive to you, to provide effective services to you, and to maintain our business relationship with you.

Cookies

Like many websites, we use Cookies on our Site. For specific information about the Cookies that we use related to powering our store with Shopify, see https://www.shopify.com/legal/cookies. We use Cookies to power and improve our Site and our Services (including to remember your actions and preferences), to run analytics and better understand user interaction with the Services (in our legitimate interests to administer, improve and optimize the Services). We may also permit third parties and services providers to use Cookies on our Site to better tailor the services, products and advertising on our Site and other websites.

Most browsers automatically accept Cookies by default, but you can choose to set your browser to remove or reject Cookies through your browser controls. Please keep in mind that removing or blocking Cookies can negatively impact your user experience and may cause some of the Services, including certain features and general functionality, to work incorrectly or no longer be available. Additionally, blocking Cookies may not completely prevent how we share information with third parties such as our advertising partners.

How We Disclose Personal Information

In certain circumstances, we may disclose your personal information to third parties for legitimate purposes subject to this Privacy Policy. Such circumstances may include:

  • With vendors or other third parties who perform services on our behalf (e.g., IT management, payment processing, data analytics, customer support, cloud storage, fulfillment and shipping).
  • With business and marketing partners, including Shopify, to provide services and advertise to you. Our business and marketing partners will use your information in accordance with their own privacy notices.
  • When you direct, request us or otherwise consent to our disclosure of certain information to third parties, such as to ship you products or through your use of social media widgets or login integrations, with your consent.
  • With our affiliates or otherwise within our corporate group, in our legitimate interests to run a successful business.
  • In connection with a business transaction such as a merger or bankruptcy, to comply with any applicable legal obligations (including to respond to subpoenas, search warrants and similar requests), to enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.

We have, in the past 12 months disclosed the following categories of personal information and sensitive personal information (denoted by *) about users for the purposes set out above in "How we Collect and Use your Personal Information" and "How we Disclose Personal Information":

Category Categories of Recipients
  • Identifiers such as basic contact details and certain order and account information
  • Commercial information such as order information, shopping information and customer support information
  • Internet or other similar network activity, such as Usage Data
  • Vendors and third parties who perform services on our behalf (such as Internet service providers, payment processors, fulfillment partners, customer support partners and data analytics providers)
  • Business and marketing partners
  • Affiliates

We do not use or disclose sensitive personal information for the purposes of inferring characteristics about you.

We have “sold” and “shared” (as those terms are defined in applicable law) personal information over the preceding 12 months for the purpose of engaging in advertising and marketing activities, as follows.

Category of Personal Information Categories of Recipients
Identifiers such as basic contact details and certain order and account information Business and marketing partners
Commercial information such as records of products or services purchased and shopping information Business and marketing partners
Internet or other similar network activity, such as Usage Data Business and marketing partners

User Generated Content

The Services may enable you to post product reviews and other user-generated content. If you choose to submit user generated content to any public area of the Services, this content will be public and accessible by anyone.

We do not control who will have access to the information that you choose to make available to others, and cannot ensure that parties who have access to such information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available, or for the accuracy, use or misuse of any information that you disclose or receive from third parties.

Third Party Websites and Links

Our Site may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services.

Security and Retention of Your Information

Please be aware that no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” In addition, any information you send to us may not be secure while in transit. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us.

How long we retain your personal information depends on different factors, such as whether we need the information to maintain your account, to provide the Services, comply with legal obligations, resolve disputes or enforce other applicable contracts and policies.

Your Rights and Choices

Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law.

  • Right to Access / Know. You may have a right to request access to personal information that we hold about you, including details relating to the ways in which we use and share your information.
  • Right to Delete. You may have a right to request that we delete personal information we maintain about you.
  • Right to Correct. You may have a right to request that we correct inaccurate personal information we maintain about you.
  • Right of Portability. You may have a right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.
  • Right to Opt out of Sale or Sharing or Targeted Advertising. You may have a right to direct us not to "sell" or "share" your personal information or to opt out of the processing of your personal information for purposes considered to be "targeted advertising", as defined in applicable privacy laws. Please note that if you visit our Site with the Global Privacy Control opt-out preference signal enabled, depending on where you are, we will automatically treat this as a request to opt-out of the "sale" or "sharing" of information for the device and browser that you use to visit the Site.
  • Right to Limit and/or Opt out of Use and Disclosure of Sensitive Personal Information. You may have a right to direct us to limit our use and/or disclosure of sensitive personal information to only what is necessary to perform the Services or provide the goods reasonably expected by an average individual.
  • Restriction of Processing: You may have the right to ask us to stop or restrict our processing of personal information.
  • Withdrawal of Consent: Where we rely on consent to process your personal information, you may have the right to withdraw this consent.
  • Appeal: You may have a right to appeal our decision if we decline to process your request. You can do so by replying directly to our denial.
  • Managing Communication Preferences: We may send you promotional emails, and you may opt out of receiving these at any time by using the unsubscribe option displayed in our emails to you. If you opt out, we may still send you non-promotional emails, such as those about your account or orders that you have made.

You may exercise any of these rights where indicated on our Site or by contacting us using the contact details provided below.

We will not discriminate against you for exercising any of these rights. We may need to collect information from you to verify your identity, such as your email address or account information, before providing a substantive response to the request. In accordance with applicable laws, You may designate an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us. We will respond to your request in a timely manner as required under applicable law.

We use Shopify's ad services such as Shopify Audiences to help personalize the advertising you see on third party websites. To restrict Shopify merchants that use these ad services from using your personal information for such services, visit https://privacy.shopify.com/en.

Complaints

If you have complaints about how we process your personal information, please contact us using the contact details provided below. If you are not satisfied with our response to your complaint, depending on where you live you may have the right to appeal our decision by contacting us using the contact details set out below, or lodge your complaint with your local data protection authority.

International Users

Please note that we may transfer, store and process your personal information outside the country you live in, including the United States. Your personal information is also processed by staff and third party service providers and partners in these countries.

If we transfer your personal information out of Europe, we will rely on recognized transfer mechanisms like the European Commission's Standard Contractual Clauses, or any equivalent contracts issued by the relevant competent authority of the UK, as relevant, unless the data transfer is to a country that has been determined to provide an adequate level of protection.

Contact

Should you have any questions about our privacy practices or this Privacy Policy, or if you would like to exercise any of the rights available to you, please email us at info@gemspirit.us

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Website Content

The information and materials posted on this Website by "GEM Spirit" and "COCO City LLC" or any other party may contain errors, omissions or typographical errors or may be out of date. "GEM Spirit" and "COCO City LLC" may change, delete or update any information or materials posted by "GEM Spirit" and "COCO City LLC" at any time, from time to time, without prior notice. The information and materials posted on this Website by "GEM Spirit" and "COCO City LLC" are provided for informational purposes only and are not binding on "GEM Spirit" and "COCO City LLC" in any way except as otherwise expressly agreed to in writing by "GEM Spirit" and "COCO City LLC". "GEM Spirit" and "COCO City LLC" is not liable for content that is provided by others, if any. "GEM Spirit" and "COCO City LLC" cannot and does not screen the content provided by users of this Website. Notwithstanding the foregoing, "GEM Spirit" and "COCO City LLC" reserves the right to monitor content on this Website and to remove content that "GEM Spirit" and "COCO City LLC", in its sole discretion, determines to be harmful, offensive or otherwise in violation of applicable law, these Terms or the spirit of this Website. "GEM Spirit" and "COCO City LLC" is not responsible for any failure or delay in removing such material. "GEM Spirit" and "COCO City LLC" is not responsible for content made available on the Internet. Links and references on this Website to other Internet websites operated by third parties, if any, including "GEM Spirit" and "COCO City LLC"’s corporate partners, do not constitute sponsorship, endorsement or approval by "GEM Spirit" and "COCO City LLC" of the content, policies or practices of such linked or referenced websites. Linked and referenced websites are not operated, controlled or maintained by "GEM Spirit" and "COCO City LLC", and "GEM Spirit" and "COCO City LLC" is not responsible for the availability, content, policies or practices of linked or referenced websites. Links and references to other websites are provided for User’s convenience only, and User accesses them at User’s own risk. DISCLAIMER OF WARRANTY: {' '} USER UNDERSTANDS AND AGREES THAT USER’S USE OF THIS WEBSITE IS AT USER’S SOLE RISK AND THAT THIS WEBSITE AND ALL INFORMATION, MERCHANDISE, AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, MERCHANDISE AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED ON AN “AS IS,” WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO USER. TO THE FULLEST EXTENT PERMITTED BY LAW, "GEM Spirit" and "COCO City LLC" DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDED, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THIS WEBSITE AND ALL INFORMATION, MERCHANDISE AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, MERCHANDISE AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS WEBSITE. NO LINCENSE TO USER IS IMPLIED IN THESE DISCLAIMERS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) "GEM Spirit" and "COCO City LLC" MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER CONCERNING THIS WEBSITE OR ANY OTHER INTERNET WEBSITE, THE ACCESS TO, OR THE AVAILABILITY OR USE OF THIS WEBSITE OR ANY OTHER INTERNET WEBSITE, THE INFORMATION, MATERIALS, RECORDS OR DOCUMENTS FROM WHATEVER SOURCE, POSTED OR REFERRED TO IN THIS WEBSITE OR ANY OTHER INTERNET WEBSITE OR SONTENT, ACCURACY, COMPLETENESS OR TIMELINES OF SUCH INFORMATION, MATERIALS, RECORDS OR DOCUMENTS; (II) "GEM Spirit" and "COCO City LLC" DOES NOT WARRANT TO REPRESENT THAT USER’S ACCESS TO, OR USE OF, THIS WEBSITE OR ANY OTHER INTERNET WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR ANY OTHER INTERNET WEBSITE I, OR THE RECORDS, DOCUMENTS, SOFTWARE OR FILES FROM WHATEVER SOURCE AVAILABLE FOR USE OR DOWNLOADING ARE, FREE OF COMPUTER WIRUSES OR OTHER HARMFUL COMPONENTS; (III) "GEM Spirit" and "COCO City LLC" DOES NOT REPRESENT OR WARRANT THAT ANY MERCHANDISE OR SERVICES LISTED ON, OR ACCESSED THROUGH, THIS WEBSITE WILL BE AVAILABLE FOR PURCHASE OR NOT WITHDRAWN BY THE LISTING VENDOR AT ANYTIME. AND IT MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER CONCERNING SUCH MERCHANDISE OR SERVICE; AND (IV) "GEM Spirit" and "COCO City LLC" DOES NOT REPRESENT OR WARRANT THE ACCURACY, FUNCTIONALITY, SPECIFICATIONS OR ANY OTHER ASPECT OF MERCHANDISE FROM WHATEVER SOURCE POSTED OR ACCESSED THROUGH THIS WEBSITE. USER ACKOWLEDGES AND AGREES THAT THE ONLY WARRANTIES ON ANY MERCHANDISE AVAILABLE ON THIS WEBSITE SHALL BE THE WARRANTIES INCLUDED WITH SUCH MERCHANDISE, IF ANY. PLEASE NOTE THAT SOME JURIDSICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO USER. LIMITATION ON LIALIABILITY: {' '} UNDER NO CIRCUMSTANCES WILL "GEM Spirit" and "COCO City LLC" BE LIABLE TO USER OF ANY OTHER ENTITY OR PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMGES, WHETHER IN CONTRACT OR TORY, INCLUSING NEGLIGENCE, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL THEORY, ARISING IN ANY WAY OUT OF, OR IN ANY WAY RELATED TO, ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THIS WEBSITE OR ANY OTHER INTERNET WEBSITE OR THE CONTENTS OF THIS WEBSITE OR ANY OTHER INTERNET WEBSITE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, SALES OR GOODWILL, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF "GEM Spirit" and "COCO City LLC" IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER AGREES THAT USER’S ONLY REMEDY FOR ANY USE OF OR DISSATISFACTION WITH THIS WEBSITE OR "GEM Spirit" and "COCO City LLC" SHALL BE DISCONTINUE USE OF THIS WEBSITE. IF A DISPUTE ARISES BETWEEN TWO OR MORE USERS, OR BETWEEN A USER AND A THIRD-PARTY VENDOR, EACH USER RELEASES "GEM Spirit" and "COCO City LLC" (AND ITS AFFILIATES AND THEIR RESPECTIVE AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO SUCH DISPUTES. Trademarks and Copyrights. Unless otherwise noted, the trademarks, logos, photography, brand names and service marks used on this Website are owned by "GEM Spirit" and "COCO City LLC" or by third parties that have licensed their use to "GEM Spirit" and "COCO City LLC". User may print copies of the content of this Website, provided that these copies are made only for personal use and that any notices contained in any such content, such as all copyright notices, trademark legends, or other proprietary rights notices, are maintained. Other use of these marks or Website content, except as specifically permitted in these Terms or in a writing signed by "GEM Spirit" and "COCO City LLC", is strictly prohibited. Elements of this Website are protected by trade dress, trademark, unfair competition and other state and federal laws and, except as expressly permitted herein, may not be copied or imitated in whole or in part by any means, including, but not limited to, the use of framing or mirrors. User shall not store electronically any significant portion of this Website. Indemnification. User agrees to defend, indemnify and hold harmless "GEM Spirit" and "COCO City LLC", its corporate affiliates and partners, and their affiliates and related entities and their respective directors, officers, shareholders, employees and agents from and against all claims, losses, damages, liabilities and costs (including, but not limited to, reasonable attorneys’ fees and court costs), arising out of or relating to User’s breach of these Terms or User’s access to or use of this Website and any transactions under User’s affected Customer Number, User Name and/or Password. The foregoing indemnification obligation shall survive termination of these Terms and this Website and any merchandise or service provided to User arising out of or relating to User’s use of this Website.

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Disclaimer of Warranty

GEM Spirit and COCO City LLC does not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. GEM Spirit and COCO City LLC does not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time GEM Spirit and COCO City LLC may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

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Limitation on Liability

In no case shall GEM Spirit and COCO City LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

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Intellectual Property

All content included on this site, such as text, graphics, logos, images, and software, is the property of GEM Spirit and COCO City LLC or its content suppliers and protected by United States and international copyright laws. Unauthorized use or distribution of any intellectual property on this site is strictly prohibited and may result in legal action.

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Unless otherwise noted, the trademarks, logos, photography, brand names, and service marks used on this Website are owned by GEM Spirit and COCO City LLC or by third parties that have licensed their use to GEM Spirit and COCO City LLC. User may print copies of the content of this Website provided that these copies are made only for personal use and that any notices contained in any such content, such as all copyright notices, trademark legends, or other proprietary rights notices, are maintained. Other use of these marks or Website content, except as specifically permitted in these Terms or in a writing signed by GEM Spirit and COCO City LLC, is strictly prohibited.

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Indemnification

You agree to indemnify, defend, and hold harmless GEM Spirit and COCO City LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

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Miscellaneous

The terms “herein,” “hereof” and “hereunder” and other words of similar import refer to these Terms, and any agreement into which these Terms are incorporated by reference, including, without limitation, any Registration Agreement, as a whole and not to any particular provision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. These Terms, together with any agreement into which these Terms are incorporated by reference, including, without limitation, any Registration Agreement, constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. These Terms may be waived only in writing signed by an authorized representative of "GEM Spirit" and "COCO City LLC". No waiver by "GEM Spirit" and "COCO City LLC" of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, and the failure to exercise any right arising from any default hereunder shall not be deemed a waiver of such right that may be exercised at any subsequent time. If any provision hereunder shall be unlawful, void or for any reason unenforceable, then such provision shall be deemed severable from the other provisions hereunder and shall not affect the validity and enforceability of any other provisions hereunder. "GEM Spirit" and "COCO City LLC" shall not be liable for any nonperformance or delay in performance caused by any act or event beyond its reasonable control, including, but not limited to, acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lockouts, fire, flood or any other act of God, any law, regulation, ordinance or other act or order of any court, government or governmental agency, or delays, unavailability, errors or other failures of the Internet or other data networks. Access to or use of this Website by User shall not be construed as "GEM Spirit" and "COCO City LLC"’s purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of Illinois. User’s agreement to these Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts or choice of laws principles. In any dispute arising hereunder or otherwise connected with this Website or these Terms, the parties hereto consent exclusively to personal jurisdiction of the Federal or state courts located in the State of Illinois, County of Cook. These Terms shall be binding on the successors and assigns of the parties, including, but not limited to, the indemnity obligations set forth herein, but User may not assign, transfer or delegate its rights or obligations under these Terms without "GEM Spirit" and "COCO City LLC"’s prior express written consent. No right or remedy conferred upon or reserved to "GEM Spirit" and "COCO City LLC" by these Terms shall be exclusive of any other right or remedy herein or by contract or law, and all rights or remedies conferred upon "GEM Spirit" and "COCO City LLC" by these Terms and by law shall be cumulative and in addition to any other right or remedy available to "GEM Spirit" and "COCO City LLC". We may use a browser feature known as a “cookie.” A cookie is a piece of data stored on the computer that runs an Internet browser and is commonly used to store information about a consumer’s online activities, including information such as the content or advertisements that a consumer views or the pages a consumer visits within a particular website. It can contain information about you, your computer, your browser, your session, the websites you visit and other information about you or others who use, or have used, the computer or browser you use to access the Internet. Cookies are used for record-keeping purposes: the stored information can be retrieved by our website server when you return to the website. This allows us to personalize or regulate the use of this Website, and it also permits us to automate the access and data entry functions of this Website (e.g., login information), and to tailor the appearance or presentation of this Website to your preferences or interests. The cookies we use, if any, are not linked to any Personal Information while using this Website unless you have given us permission to link Personal Information to one or more cookies. Please note that you give us that permission any time you register on this Website, use or conduct a transaction through this Website, or identify yourself or the computer you are using through this Website. We use cookies as a convenience feature to save you time, to understand how our Website is used, and to improve the content and offerings on our Website. For example, we may use cookies to personalize your experience at our web pages or recall your specific information on subsequent visits (e.g., to recognize you by name when you return to our Website). We may also use cookies to offer you or inform you of products, programs or services and targeted advertising. You can opt to have your browser reject cookies. Most or all browsers permit you to disable or reject cookies. You can do this by adjusting your preferences in the browser. ["GEM Spirit" and "COCO City LLC" does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to “Do Not Track” signals.] Accordingly, your selection of the “Do Not Track” option provided by your browser may not have any effect on our analytics or tracking tools. Use the “Help” feature of your browser to obtain more information about refusing cookies. If you set the browser you use to reject cookies, you may not be able to access the Websites or use the full functionality of the Website, or it may take additional time to utilize such functionality. If you opt to reject cookies, you may need to re-register with us every time you visit our Website. Your continued use of our Website reflects your consent to allow additional cookies to be placed on your computer to help you navigate the Website. You should also know that companies that advertise on our Website (and their agents), and one or more of the organizations with which we do business, or to which we provide links from the Website, might use their own cookies. This Privacy Policy does not cover how these organizations use their cookies. We have no control over such organizations’ uses of cookies, and you should review the privacy policies of such organizations to determine the uses such organizations make of cookies. FLASH COOKIES We may use local shared objects, sometimes known as Flash cookies, to store your preferences and to assist with online authentication by allowing us to recognize you and your device when you return to the Website. This permits us to display content based upon what you view on our Website to personalize your use of our services. Our Agents (defined below) also may use Flash cookies to collect and store information. Flash cookies are different from browser cookies because of the amount and type of data they collect, as well as how data is stored. Cookie management tools provided by your device or browser will not remove Flash cookies. If you disable Flash cookies, you will not have access to many features that make your user experience more efficient. PIXEL TAGS, WEB BEACONS, CLEAR GIF’S AND OTHER SIMILAR TECHNOLOGIES These are typically small pieces of data that are embedded in images on the Website, our Applications or certain e-mail communications. They may involve the transmission of information directly to us, to another party on our behalf or to another party in accordance with its privacy policy. We may use these technologies to compile information we collect about you. CLICKSTREAM DATA As you use the Internet, a trail of electronic information is left at each website you visit. This information, which is sometimes referred to as “clickstream data,” can be collected and stored by a website’s server. Clickstream data can identify the type of computer and browsing software you use and the address of the website from which you linked to the Website. We may use clickstream data as a form of non-Personal Information to anonymously determine how much time visitors spend on each page of the Website, how visitors navigate throughout the Website and how we may tailor our web pages to better meet the needs of visitors. LOG FILES We or our hosting provider may collect traffic information from visitors for statistical analysis and Website improvement. When you access the Websites, we or our hosting provider may collect information about your visit in a log file on a server. Log file information may include, but is not limited to, internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. We or our hosting provider use this information to analyze trends, administer sites, track users’ movements in the aggregate, and gather demographic information for aggregate use. We and/or our hosting provider may review this information to better understand overall trends and to determine what kinds of content are popular with and useful to users. INFORMATION OTHER WEBSITES COLLECT FROM YOU Our Website may contain links to other websites operated by other parties whose practices may be different than ours. When you click on such links and visit such other websites, you need to be aware that we may not control such other websites or such other websites’ business practices, and that this Privacy Policy does not apply to such other websites. Consequently, the operators of such other websites may collect different kinds of information about you, and may use and disclose that information in different ways than we would if it were collected on the Website. You should check the other sites’ privacy notices because we have no control over information that is submitted to or collected by them. We encourage you to review other websites’ privacy policies and remind you that we will not be responsible for the actions of the operators of such websites, or their use of your information. INFORMATION YOU VOLUNTARILY SUBMIT. We collect and store any information you enter on this Website or provide to "GEM Spirit" and "COCO City LLC" in other contacts we have with you. Information is collected from visitors to this Website, including in the areas described below, as applicable. During the online ordering process, you can review, change or delete personally identifiable information that you have submitted. You may change any of your personally identifiable information in your account online at any time. You may request to have the information on your account deleted or removed, although you cannot delete information associated with past purchases. Contact Information - If you contact "GEM Spirit" and "COCO City LLC"’s customer service representatives by telephone, e-mail or letter, we may keep a record of your correspondence or comments. If you report a problem with this Website, we may collect such information in a file specific to you. If you contact "GEM Spirit" and "COCO City LLC" through our feedback area or by calling one of our customer service representatives, we may ask for your name and e-mail address in order to send you a reply. If other users or third parties send "GEM Spirit" and "COCO City LLC" correspondence about your activities or purchases on this Website, we may keep the information in a file specific to you. Shopping and Website Registration - We collect IP addresses for the purposes of system administration, to gather broad demographic information, to report non-personally identifiable information to any of our advertisers, and to monitor the level of activity on this Website. We collect information from visitors to this Website regarding the URLs they came from, their IP addresses, domain types, the browser type used to come to this Website, the country, state and telephone area code where their servers are located, the pages of this Website that visitors viewed during their visit, and any search terms entered on this Website. Placing Orders - When you order from "GEM Spirit" and "COCO City LLC", we collect personally identifiable information from you. If you order one of our products or services, we will collect and maintain your name, e-mail address, billing address, shipping address, telephone number, product selections, credit card or other payment information, order number, referring URL, IP address and a password. We collect this, and other information, as disclosed in this Policy, in order to fill your order, to communicate with you about your order and to send you promotional materials. Before confirming your order, you will have the opportunity to review the product order form and make changes and additions to the information it contains. These changes will be automatically kept for future use. [Gift Certificates - If you purchase a gift certificate from this Website, you will give "GEM Spirit" and "COCO City LLC" the recipient’s name, email address and phone number for the recipient. The recipient information you give "GEM Spirit" and "COCO City LLC" will only be used to send the gift certificate and for no other purpose.] Online Surveys - In order to improve our services to you, we sometimes ask some of our customers to voluntarily complete surveys, which may be collected by an independent third party. Individual survey answers are confidential, although non-personally identifiable information is collected and disclosed to third parties. If you do not wish to participate in a survey, simply decline to participate when asked. Newsletters – From time to time, we may provide free newsletters and promotional e-mails as a service to our customers. We may periodically send you newsletters and e-mails listing current specials and deals. To stop receiving our newsletter, follow the instructions given in said newsletter. HOW DO WE USE YOUR PERSONAL INFORMATION? We use your Personal Information to communicate with you if and when necessary in connection with your use of this Website, to respond to your questions, or to send you material and information you request. We may also use your Personal Information to: Personalize your Website experience and allow "GEM Spirit" and "COCO City LLC" to deliver the type of content and product information in which you are most interested; Process your orders for products and services; Respond to any questions you may have; Respond directly to you for clarification of your questions; Process your request for materials or information; Register you for an event, contest or sweepstakes, if you request it; Provide you with e-mail messages and other information regarding upcoming events, new products or services and general information about our products and services and those of our select business partners. You may elect not to receive these communications, either when you initially register at this Website, or at any time thereafter. See the section of this Privacy Policy called “CHOICE/OPT OUT”. We may also use collected information in order to help diagnose problems with our servers, and to administer this Website. E-MAIL ADDRESS We may use your e-mail address to provide customer service information or answer your questions and requests. We may also occasionally send you our e-mail updates, notifications or other information about our products and services or about the products and services of our affiliated companies. We may share your e-mail address with our affiliated companies to enable them to send you e mails directly regarding their products and services, sales and other promotions. We include information in each commercial e mail that allows you to opt out of receiving future communications. TELEPHONE CONTACT If you provide us with your phone number, you may receive telephone contact from us for customer service purposes, and to assist us in responding to your requests and questions. We may retain this information for business and marketing purposes and to help us with future requests from you. We may occasionally use your phone number to contact you with updates or other promotional information about our products and services or those of our affiliated companies in which you may be interested. We may also make your Personal Information available to our affiliated companies to enable them to contact you directly with their promotional information, such as information about their products and services, sales and other promotions. FINANCIAL INFORMATION By engaging in any kind of activity on the Website that uses financial information, you consent to our using your financial information, or providing your financial information to our service providers and to such third parties as we determine is necessary, to process your transactions. These third parties may include banking institutions used to process these transactions. Any of these various third parties are authorized to use your financial information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control. DEMOGRAPHIC INFORMATION We may use demographic information to tailor the Websites and communications to the interests of our users. We may share anonymous, aggregated (grouped) demographic information with our advertisers and other third parties so that they can tailor their advertisements and communications to the appropriate audience. If you consent to have us share, or we are otherwise allowed to share, your Personal Information, as described herein, then the demographic information that we provide to third parties may be linked to your Personal Information so that such third parties will be able to know about your demographic information on a non-anonymous basis. We also may use all information we collect to analyze statistical use patterns and demographic data (basically, where our visitors come from and what demographic characteristics they have) and to improve this Website to better serve our customers. Your IP address is used to help identify you and your shopping cart and to gather broad demographic information. We may also prepare and keep statistical records and other data about you and other users of this Website, but we do so in a way that does not identify you or any other user personally. We may hire third parties to help "GEM Spirit" and "COCO City LLC" collect and analyze such data, and we may share such statistical data with third parties. Again, such statistical data will not specifically identify you or any other user. We use this information to help us make this Website more useful to visitors -- to learn about the number of visitors to this Website, what part(s) of this Website they are interested in, how long they use this Website, and the types of technology our visitors use.

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Governing Law

These Terms of Use and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of Washington, United States.

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Washington State Compliance

GEM Spirit and COCO City LLC comply with the Washington Consumer Protection Act (RCW 19.86), which prohibits unfair or deceptive acts or practices in trade or commerce. If you have any concerns about our products or services, please contact us immediately.

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Accessibility

General: "GEM Spirit" and "COCO City LLC" strives to ensure that its services are accessible to people with disabilities. www.gemspirit.us has invested a significant amount of resources to help ensure that its website is made easier to use and more accessible for people with disabilities, with the strong belief that every person has the right to live with dignity, equality, comfort and independence. Accessibility on www.gemspirit.us: "GEM Spirit" and "COCO City LLC" makes available the UserWay Website Accessibility Widget that is powered by a dedicated accessibility server. The software allows www.gemspirit.us to improve its compliance with the Web Content Accessibility Guidelines (WCAG 2.1). Enabling the Accessibility Menu: www.gemspirit.us accessibility menu can be enabled by clicking the accessibility menu icon that appears on the corner of the page. After triggering the accessibility menu, please wait a moment for the accessibility menu to load in its entirety. Disclaimer: "GEM Spirit" and "COCO City LLC" continues its efforts to constantly improve the accessibility of its site and services in the belief that it is our collective moral obligation to allow seamless, accessible and unhindered use also for those of us with disabilities. In an ongoing effort to continually improve and remediate accessibility issues, we also regularly scan www.gemspirit.us with UserWay's Accessibility Scanner to identify and fix every possible accessibility barrier on our site. Despite our efforts to make all pages and content on www.gemspirit.us fully accessible, some content may not have yet been fully adapted to the strictest accessibility standards. This may be a result of not having found or identified the most appropriate technological solution. Here For You: If you are experiencing difficulty with any content on www.gemspirit.us or require assistance with any part of our site, please contact us during normal business hours as detailed below and we will be happy to assist. Contact Us: If you wish to report an accessibility issue, have any questions or need assistance, please contact "GEM Spirit" and "COCO City LLC" Customer Support at info@gemspirit.us.

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"Cherish yourself, accentuated by Gem Spirit’s loving embrace. "

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