Terms of Service for GoodGem.org
1. Introduction
Welcome to GoodGem.org, a platform owned and operated by ShakeUp LLC (“we,” “us,” “our,” or “ShakeUp”). This document, our Terms of Service (“ToS”), outlines the rules and regulations for using our platform, GoodGem.org.
2. Definitions
For the purpose of these Terms of Service, the following terms have the following meanings:
- “Services” refers to all the services provided by GoodGem.org, including but not limited to the purchase of precious metals and/or jewelry through a monthly payment plan.
- “Content” refers to all information, data, text, graphics, videos, and other materials that a user posts, uploads, or otherwise provides to GoodGem.org.
- “User” refers to any person or entity that accesses or uses GoodGem.org.
3. Acceptance of Terms
By accessing and using GoodGem.org, you accept and agree to be bound by this ToS. If you do not agree to these terms, please do not use our platform.
4. User Generated Content
By submitting content to GoodGem.org, whether photos, images, videos, or comments, you grant ShakeUp LLC a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods now known or later developed.
5. Monthly Payments and Fees
As a user of GoodGem.org, you can choose to purchase precious metals and/or jewelry through a monthly payment plan. The total cost of the item is determined by the market price at the time of your purchase. This cost is then broken down into a series of monthly payments. Each monthly payment consists of a $20 membership fee, a $10 service fee, and any applicable taxes.
For example, suppose you choose to buy a piece of jewelry that costs $1200 according to the market price on the day of your purchase. If you opt for a 12-month payment plan, here’s how it works:
The total cost of the item is $1200.
Each month, you pay $100 towards the cost of the item. This is calculated as $1200 (the total cost) divided by 12 (the number of months in your plan).
In addition to the $100, each monthly payment also includes a $20 membership fee and a $10 service fee. So, your total monthly payment before taxes is $130.
Taxes will be added to this amount according to the applicable rate.
After 12 months, when you’ve made all your payments, the precious metal or jewelry is considered fully paid for and will be shipped to you.
Please note that the above is just an example and the actual amounts may vary based on the price of the item, the duration of the payment plan, and applicable taxes.
6. Fund Allocation and Product Shipping
Your monthly payments contribute towards the total cost of the item. Once your payments (excluding service fees and taxes) reach the total cost of the item, your item is considered fully paid for. At this point, we’ll ship your item. You’ll get a notification with the shipping details once your item is on its way. Please note that delivery times can vary based on your location and the shipping method. If there are any shipping costs, we’ll let you know when we send you the shipping notification.
7. Payment Obligations
By choosing a monthly payment plan, you agree to complete all payments as outlined in the plan. Failure to complete payments may result in cancellation of your purchase and may affect your ability to use our Services in the future.
8. Disclaimer of Warranties
We provide the GoodGem.org platform and all our services as they are, without any guarantees. This means we don’t promise that the services will be uninterrupted, timely, secure, or error-free, or that any information obtained on the platform will be accurate or reliable. We don’t make any warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose.
9. Resolution of Disputes
If a disagreement or dispute arises out of this Agreement or our services, our aim is to resolve it in a cost-effective manner. For any dispute, ShakeUp LLC may choose to settle the dispute through binding arbitration, which means a neutral person (an “arbitrator”) will decide the outcome, not a judge or jury. Arbitration is less formal than a lawsuit in court and is subject to very limited review by courts. You agree to this process and understand that the arbitration will take place in Kansas City, MO.
10. Customer Support
If you have any questions or concerns, please reach out to us at our customer support email, goodgemreviews@gmail.com. We aim to respond to all queries within 48 hours. Please provide as much detail as possible in your email, including your account information and any relevant order numbers or transaction details.
11. Termination
Either ShakeUp LLC or you may terminate this agreement for any reason, including convenience, with or without cause, at any time by written notice to the other party. To terminate your account, please send an email to our customer support at goodgemreviews@gmail.com.
Upon receipt of your request, we will deactivate your account and confirm the deactivation to you via email. Please note that if you choose to terminate your account, any membership fee paid for the current period is non-refundable. In the case of termination by ShakeUp LLC, any unused, prepaid fees for our services will be refunded, except for the membership fee for the current period, which is non-refundable.
If you have committed to a minimum period of use for any of our services (as specified when you signed up), you are responsible for all of the monthly fees for that period, even if you terminate your account before the end of that period.
Termination of your account does not relieve you of any payment obligations that may have arisen prior to such termination, or any other obligations we’ve agreed to in any other agreement.
12. Indemnity and Release
You agree to protect ShakeUp LLC and its affiliates from any claims or expenses that may arise from your use of GoodGem.org. This includes any claims related to content you provide to GoodGem.org, your connection to the platform, your violation of this agreement, or your violation of any rights of another person. If someone makes a claim against us related to your actions or your content on GoodGem.org, you agree to reimburse us for any damages that result from this claim.
13. Force Majeure
You acknowledge and understand that if ShakeUp LLC and/or GoodGem.org are unable to provide the products and/or services as a result of a force majeure event, ShakeUp LLC and/or GoodGem.org will not be in breach of any of its obligations towards you under this Agreement.
14. Severability
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
15. Entire Agreement
This Agreement constitutes the entire agreement between you and ShakeUp LLC and governs your use of GoodGem.org, superseding any prior agreements.
16. Statute of Limitations
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
17. Child Online Privacy Protection Act
GoodGem.org is not directed to persons under the age of eighteen (18) and ShakeUp LLC will not knowingly collect personally identifiable information from children under the age of eighteen (18). If ShakeUp LLC inadvertently collects such personally identifiable information, ShakeUp LLC will delete the personally identifiable information in accordance with its security protocols.
18. Privacy
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and share your personal information. It also explains the many ways you can control your information. When you use GoodGem.org, you’re agreeing to our Privacy Policy, so please take a few minutes to read it.
19. Account Use
Each user is allowed one account on GoodGem.org. Accounts are not transferable and cannot be shared or used by more than one person. You are responsible for all activity that occurs under your account, so please keep your account information secure.
20. Fraudulent Activity
Any fraudulent activity, such as using stolen credit card information, is strictly prohibited and will result in immediate termination of your account. We also reserve the right to take legal action against anyone engaging in fraudulent activity. If your account is terminated due to fraudulent activity, any payments you have made are non-refundable.
21. Abuse of Return Policy
Our return policy is designed to protect our customers, but it cannot be used to abuse our services. Frequent returns, returns of used or damaged items, or any other misuse of our return policy may result in suspension or termination of your account.
22. Right to Refuse Service
We reserve the right to refuse service to anyone, at our sole discretion, especially in cases where we believe that a user’s behavior is likely to cause harm to our business, other users, or the platform itself.
23. Order Cancellation and Modifications
You may cancel or modify your order within 24 hours of placing it. After this period, we cannot guarantee any changes or cancellations, as your order may have already been processed or shipped. Please double-check your order before finalizing it to ensure all information is correct.
24. Intellectual Property
All content and designs on GoodGem.org, including but not limited to text, graphics, logos, button icons, images, and software, is the property of ShakeUp LLC and is protected by international copyright laws. Any use, including but not limited to the reproduction, modification, distribution, transmission, republication, display, or performance of the content on this site is strictly prohibited.
25. Compliance with Laws
By using GoodGem.org, you agree to comply with all local, state, national, and international laws and regulations applicable to your use of our platform and services.
26. Prohibited Conduct
Users are prohibited from using GoodGem.org for any unlawful purpose, attempting to breach our security measures, posting harmful or offensive content, or engaging in any activity that could damage or overburden the platform.
27. Dispute Resolution and Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Missouri, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Missouri with respect to any dispute or claim arising out of or in connection with this Agreement.
28. Amendments
We reserve the right to amend these Terms of Service at any time and without notice. Your continued use of GoodGem.org following any amendment constitutes your acceptance of the amended Terms of Service.
29. Limitations of Liability
ShakeUp LLC will not be liable for any indirect, incidental, or consequential damages resulting from the use or inability to use GoodGem.org, or for the cost of procurement of substitute products or services, or resulting from any products or services purchased or obtained, or messages received or transactions entered into through GoodGem.org.