WEBSITE TERMS OF USE
GEMCAP Capital
Effective Date: June 26, 2024
Welcome to the GEMCAP Capital and www.gemcapcapital.com (the “Site”). GEMCAP Capital (collectively “the Company”, “we”, “our” or “us”) provides this Site for your personal use. Please read these Terms of Use carefully.
1. TERMS AND CONDITIONS FOR USE OF THIS SITE
These Website Terms of Use (“Terms of Use”) describe the terms and conditions of use of this website by you, the website viewer, and your rights and responsibilities as a user. By: (a) accessing and using our Site and/or (b) providing your personal information to us, you agree and are thus bound by all of the terms and conditions set forth herein. As used throughout these Terms of Use, the term “Services” includes, but is not limited to, the use and access of the Site including interaction with any content as well as submission of any information.
We have the right to revise these Terms of Use without notice to you. The most current version of these Terms of Use can be viewed by clicking on the “Terms of Use” link posted at https://www.yourdigitaldreamteam.com/. By accessing and using this Site, you agree to these Terms of Use and any changes to these Terms of Use that may be in force at that time. If you do not agree to these Terms of Use, please leave this Site.
We encourage you to review our Privacy Policy, as your agreement to these Terms of Use includes agreement to our Privacy Policy (as referenced below).
Should you find other terms, conditions, or disclaimers on pages, applications, or programs within the Site, and you believe there is a conflict between these Terms of Use and those terms, conditions, or disclaimers posted for that particular area of the Site, the terms, conditions, or disclaimers for that particular page, application, or program will take precedence to the extent there is a conflict. Additionally, any conflict arising between these Terms of Use and our Privacy Policy shall be resolved by the Privacy Policy taking precedence with respect to the subject matter in question.
2. USE OF SITE CONTENT
Unless otherwise stated, the contents of this site including, but not limited to, the text, images, videos and documents contained herein and their arrangement are the property of the Company. All trademarks used or referred to in this website are the property of their respective owners.
Nothing contained in this site shall be construed as conferring by implication, estoppels, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of the Company or any third party. This site and the content provided in this site, including, but not limited to, graphic images, audio, video, html code, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of the Company, except that you may download, display, and print one copy of the materials on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices.
The information provided on this site is free of charge and for informational purposes only and does not create a business or professional services relationship between you and the Company. Any white paper, technical resource or similar document is only provided for reference and informational purposes only and Company does not make any guarantees relating to the use of them.
3. LINKS AND THIRD PARTIES
Links on this site may lead to services or sites not operated by Company. No judgment or warranty is made with respect to such other services or sites and the Company takes no responsibility for such other sites or services. A link to another site or service is not an endorsement of that site or service. Any use you make of the information provided on this site, or any site or service linked to by this site, is at your own risk.
4. DISCLAIMERS
Use of this Site is at your own risk. We provide no warranty that our Site will operate without interruption or error, or that the Site and its server are free from viruses or other harmful technologies. Any subsequent damage to your computer system, or loss of data, that results from your use of the Site falls under your assumed risk and responsibility. Further, while we aim to ensure appropriate and accurate sharing of information, we make no warranties regarding the content of the site, its quality, accuracy, truthfulness, or reliability.
This site and its contents are provided “as is” and the Company makes no representation or warranty of any kind with respect to this site or any site or service accessible through this site.
TO THE MAXIMUM EXTENT PERMITTED BYLAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING THEWARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, AND SYSTEM INTEGRATION.
5. LIMITATIONS ON LIABILITY
THE COMPANY SHALL NOT BE LIABLE TO ANY USER OF THE SITE, OR ITS THIRD PARTY TECHNOLOGY PLATFORM PROVIDER, FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE, ITS MATERIAL, OR ANY THIRD PARTY WEBSITES LINKED TO THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF PROGRAMS OR OTHER DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT YOUR SOLE REMEDY TO ANY PROBLEM WITH THIS SITE, INCLUDING ERRORS FROM AND INACCURACIES WITHIN, IS TO CEASE USING THE SITE AND THE SERVICES PROVIDED THEREUNDER. THE COMPANY, ITS THIRD PARTY TECHNOLOGY PLATFORM PROVIDER, AND ANY THIRD PARTY WHO PROMOTES THE SERVICES OR PROVIDES YOU WITH A LINK TO THE SITE, SHALL NOT BE LIABLE FOR YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTY, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ITS USE.
6. INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD THE COMPANY, ITS THIRD PARTY TECHNOLOGY PLATFORM PROVIDER, AND ANY SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND OTHER THIRD PARTY PARTNERS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, DEMANDS, COSTS, AND EXPENSES OF EVERY KIND AND NATURE (INCLUDING ACTUAL, SPECIAL, INCIDENTAL, AND CONSEQUENTIAL), KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANYWAY CONNECTED TO, YOUR USE OF THE SITE AND THE SERVICES. YOU WAIVE THE PROVISION OF ANY STATE OR LOCAL LAWS THAT LIMIT OR PROHIBIT SUCH A GENERAL RELEASE.
7. JURISDICTION AND GOVERNING LAW
The Company maintains this site in the State of North Carolina, U.S.A. and you agree that these Terms of Use and the laws of the North Carolina shall govern any legal action or proceeding relating to this site without reference to its choice of law rules. If you attempt to bring any legal proceedings against the Company you specifically acknowledge that the Company is free to choose the jurisdiction of our preference as to where such action against us may be held. As you have agreed by using this site to choose the laws of the North Carolina to govern any such proceedings, we will probably choose to defend any such action in North Carolina and we can make this decision entirely as it suits us, without regard to where in the world you are located, or from where in the world you visited this site.
8. COMPLIANCE WITH LAWS
You are responsible for complying with the laws of the jurisdiction from which you are accessing this site and you agree that you will not access or use the information on this site in violation of such laws. Unless expressly stated otherwise herein, any information submitted by you through this site shall be deemed non-confidential and non-proprietary. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. Because of the open nature of the Internet, we recommend that you not submit information you consider confidential.
9. NO CONFIDENTIALITY
The Company does not accept unauthorized submissions of ideas or information outside of established business relationships. To protect the interests of our current clients, as well our own, we must treat the issue of such submissions with great care. Importantly, without a clear business relationship, the Company cannot and does not treat any such submissions in confidence.
Accordingly, please do not communicate unauthorized idea or document submissions to the Company through this website. Any idea or document disclosed to the Company outside a pre existing and documented confidential business relationship are not confidential and the Company may therefore develop, use and freely disclose or publish similar ideas without compensating you or accounting to you. The Company will make every reasonable effort to return or destroy any unauthorized idea or document submissions without a detailed review of them. However, if a review is necessary in the Company’s sole discretion, it wi11 be with the understanding that the Company assumes no obligation to protect the confidentiality of your idea or compensate you for its disclosure or use. By submitting an idea or other detailed submission to the Company through this website, you agree to be bound by the terms of this stated policy.
10. WAIYER AND SEVERABILITY
Any failure by the Company to enforce any right or provision of these Terms of Use shall not constitute a waiver of such rights or provisions. Should any competent court or arbitrator find any provision herein as invalid or unenforceable, that provision will be enforced to the maximum extent permissible and any and all other provisions of these Terms of Use will remain in full force and effect.
11. VIOLATIONS AND FEEDBACK
Feedback regarding our Site is welcomed and can be submitted by emailing us at katrina.newsome@gemcapcapital.com
Additionally, please report any violations of these Terms of Use to the Company at katrina.newsome@gemcapcapital.com