Welcome to www.gells.org (the "Site") owned and operated by Gells, LLC (“gells” or “we”). Except as otherwise noted herein, these terms and conditions ("the Terms") govern your use of the Site. Please read these Terms carefully, because your use of the Site constitutes your agreement to follow and be bound by these Terms.
If you do not agree to these Terms, you should not access or use the Site. gells reserves the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because by visiting the Site, you agree to accept any such changes.
gells provides you with access to and use of the Site subject to your compliance with the Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, "Materials and Content"), is gells property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of gells. We grant you a personal, limited, non-exclusive, non-transferable license to access the Site and to use the information and services contained here. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
We only accept Visa and Mastercard
The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Site. gells specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
- Posting any information which is incomplete, false, inaccurate or not your own
- Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol
- Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it
- Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner
- Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another
- Communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws
- Attempting to interfere in any way with the Site's or gells’ networks or network security, or attempting to use the Site's service to gain unauthorized access to any other computer system
- Communicating, transmitting, or posting material that is in violation of applicable laws or regulations
Limits on purchases
In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our merchandise, we may place limits on purchases and we do not authorize the purchase of commercial quantities of our merchandise. We also may, among other things, restrict 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. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice. This policy applies to all purchases of gells merchandise, including, but not limited to, all purchases made at our partner retail stores, trunk shows, and through our catalogues and websites.
Violations of system or network security may result in civil or criminal liability. gells reserves its right to investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
- Accessing data not intended for you or logging on to a gells server or account, which you are not authorized to access
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt)
- Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing" the Site
- Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site
We control and operate the Site from the United States, specifically from the State of Connecticut, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site.
Software that may be downloaded from the Site is subject to export controls under the laws and regulations of the United States. By visiting and using our Site, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations (currently, Cuba, Iran, North Korea, Sudan and Syria) or listed on any of the United States Government's lists of prohibited and restricted parties.
Product and Pricing Information
Although gells has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and gells cannot guarantee that the user's monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. gells is not responsible for typographical errors regarding price or any other matter.
As between you and gells, gells is the owner and/or authorized user of any registered or unregistered trademark. the gells logos, designs, titles, phrases and product names and the copyrights, trademarks and/or other intellectual property in such materials (collectively, "gells Intellectual Property") are owned by gells and may be registered in the United States and internationally. You agree not to display or use the gells Intellectual Property in any manner without gells’ prior permission. Nothing on the Site should be construed to grant any license or right to use any gells’ Intellectual Property without the prior written consent of gells.
Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by gells. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law
DISCLAIMER OF WARRANTIES AND REPRESENTATIONS
THIS SITE AND ANY CONTENT CONTAINED ON THIS SITE ARE ALL MADE AVAILABLE TO YOU ON AN “AS IS, WHERE IS” BASIS AND WITH ALL FAULTS, LATENT OR MANIFEST, INCLUDED. YOU HEREBY AGREE THAT YOUR USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK.
GELLS, LLC, TOGETHER WITH ALL OF OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES AND AGENTS, SUPPLIERS AND CONTENT, INFORMATION AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU WITH RESPECT TO THIS SITE AND HEREBY SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE OR THE CONTENT CONTAINED ON THIS SITE, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED, ARISING OUT OF THE COURSE OF DEALING, COURSE OF PERFORMANCE OR CUSTOMS OR USAGE OF TRADE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NONINTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT AND ANY REPRESENTATIONS REGARDING ACCURACY, TRUTHFULNESS AND OR COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON THIS SITE OR THE QUALITY OF THIS SITE AND ITS CONTENT.
Liability Exclusion and Release
Gells, LLC has no liability whatsoever, to the fullest extent permitted by law, in connection with your use of and/or access to this Website and any of the Content. Gells, LLC hereby specifically assumes no liability for any damages arising out of or related to: (1) any errors, inaccuracies or omissions contained in any of the content on this Site; (2) any personal injuries or property damage resulting to you or to any third party from your use of and/or access to the Site, (3) any unauthorized access to your personal information and/or financial information by any third parties through the Site, and (4) any viruses or Trojan horses you may acquire due to your use of and/or access to the Site. These specific exclusions of liability are provided as examples only and shall not in any way limit or reduce our exclusion of all liability hereunder. You should use your best judgment and exercise caution when and where appropriate while using this Site.
While effort has been taken to ensure that this site AND ITS CONTENT ARE free from viruses, YOU HEREBY ACKNOWLEDGE THAT GELLS, LLC DOES NOT GUARANTEE THAT IT IS free from viruses. you HEREBY are responsible for ensuring that you have installed adequate and up-to-date virus-checking software. YOU HEREBY ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIRS TO ANY COMPUTER OR TO ANY OTHER EQUIPMENT ARISING OUT OF OR RELATED TO YOUR USE OF AND/OR ACCESS TO THIS SITE.
YOU HEREBY ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, GELLS, LLC SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES THAT YOU SUSTAIN, OR THAT YOU CAUSE ANY THIRD PARTY TO SUSTAIN, WHATSOEVER ARISING OUT OF OR RELATED TO YOUR USE OF AND/OR ACCESS TO THIS SITE AND ANY OF ITS CONTENT, INCLUDING DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, DAMAGES FOR LOST REVENUES OR LOST PROFITS AND ANY AND PUNITIVE DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR ANY THIRD PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE GELLS, LLC FROM ANY AND ALL DAMAGES, LOSSES, LIABILITIES, ATTORNEYS’ FEES, COSTS AND EXPENSES OF ANY KIND SUSTAINED BY YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, LAWSUITS, LEGAL, ADMINISTRATIVE, OR CIVIL PROCEEDINGS WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH PRESENTLY EXIST OR MAY HEREAFTER EXIST IN THE FUTURE, WHICH ARISE OUT OF OR ARE RELATED TO YOUR USE OF AND/OR ACCESS TO THIS SITE AND ITS CONTENT TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS GELLS, LLC FROM AND AGAINST ANY AND ALL DAMAGES, LOSSES, LIABILITIES, REASONABLE ATTORNEYS’ FEES, COSTS AND EXPENSES OF ANY KIND THAT THEY MAY SUSTAIN IN CONNECTION WITH ANY CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, LAWSUITS, LEGAL, ADMINISTRATIVE OR CIVIL PROCEEDINGS WHATSOEVER, MADE BY YOU OR ANY OTHER THIRD PARTY, WHETHER KNOWN OR UNKNOWN, WHICH PRESENTLY EXIST OR MAY HEREAFTER EXIST IN THE FUTURE, WHICH ARISE OUT OF OR ARE RELATED TO YOUR USE OF AND/OR ACCESS TO THIS SITE OR YOUR BREACH OF ANY OF YOUR OBLIGATIONS UNDER, OR YOUR FAILURE TO ABIDE BY ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
These Terms constitute the entire agreement between you and gells and govern your use of the Site, and they supersede any prior agreements between you and gells. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. gells may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in gells’ sole discretion you fail to comply with any provision of these Terms.
You agree that no joint venture, partnership, employment, or agency relationship exists between gells and you as a result of this Agreement or your use of the Site.
Any claim or cause of action you may have with respect to gells or the Site must be commenced within one (1) year after the claim or cause of action arose.
The failure of gells to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Connecticut, without giving effect to any conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively by an appropriate federal or state court sitting in Fairfield County, Connecticut.
You may not assign the Terms or any of your rights or obligations under the Terms without gells’ express written consent. The Terms inure to the benefit of gells’ successors, assigns and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.
To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us please refer to our Contact Us page.
Any rights not expressly granted to you by this Agreement are hereby reserved to gells