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(Updated as of October 31, 2016)
Article 1 – Explanation of the purpose of Gemelli
Gemelli provides a website located at www.gemelliwear.com (the “Site”) to allow Users to buy shirts, blazers, suits and related items.
Article 2 – Obligations of the buyer
The Buyer agrees and consents to propose a method of payment that is accepted by Gemelli.
Article 3 – Resolution of disputes
YOU AND GEMELLI AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND GEMELLI AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Gemelli for all fees associated with the arbitration paid by Gemelli on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
Article 4 – Intellectual Property Rights
All marks, names, logos, drawings, content, code source, software application, functionalities, designs, whether proprietary or non-proprietary, patentable or not, contained in or published on the Site (the “IP Rights”) are the exclusive property of Gemelli and you may not use or reproduce any such IP Rights without Gemelli’s express and written consent.
Article 6 – Warranties
FURTHER, GEMELLI DISCLAIMS ANY WARRANTY THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE.
Article 7 – Limitation of liability
ONLY LIMITATIONS THAT ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY TO YOU AND GEMELLI’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Article 9 – Governing law
Article 10 – Severability
Article 11 – No agency
Article 12 – Notices
Except as expressly provided otherwise, any notices by User shall be made in writing and sent to Gemelli by courier, certified mail, to the following entity and address: GEMELLI LLC, 62029 Century Park East, Suite 900 Los Angeles, CA 90067. Notices shall be effective when they are received by Gemelli in any of the above-mentioned manner.
Gemelli may give to the User a notice of receipt by courier, certified mail or a return receipt requested to the address provided to Gemelli by the User or by e-mail at the following e-mail address: firstname.lastname@example.org.
Article 13 –Release
Each time you log in on the Site, you release Gemelli (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from any 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 with such disputes. In releasing Gemelli, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.