Terms of service

GCL Company LLC Terms of Service

Effective Date: 04/01/2022

OVERVIEW

This website is operated by GCL Company LLC. Throughout the Site and these Terms of Service, the terms “Company,” “GCL Company LLC,” “we,” “us,” and “our” refer to GCL Company LLC.

GCL Company LLC offers this website, including all information, tools, products, communications, and services available through the Site, conditioned upon your acceptance of the terms, conditions, policies, and notices stated herein.

By visiting our Site, submitting information, scheduling an appointment, purchasing a product or service, opting into communications, or otherwise using any portion of our services, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms, conditions, and policies referenced herein or made available by hyperlink.

These Terms apply to all users of the Site, including, without limitation, browsers, prospective customers, customers, vendors, merchants, and contributors of content.

Please read these Terms carefully before accessing or using our website or Services. By accessing or using any part of the Site or Services, you agree to be bound by these Terms. If you do not agree to all of these Terms, you may not access the Site or use our Services.

Any new features, products, services, tools, or resources added to the Site shall also be subject to these Terms.

We reserve the right to update, change, or replace any portion of these Terms by posting updates or revised Terms on our website. Your continued use of the Site or Services following the posting of changes constitutes acceptance of those changes.

Where applicable, our online commerce functionality may be provided through third-party platforms, including Shopify Inc., which provides technology that enables us to offer products and services online.

SECTION 1 - ONLINE STORE AND WEBSITE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or jurisdiction of residence.

You may not use our products, Services, website, or communications for any illegal or unauthorized purpose, nor may you violate any applicable laws in connection with your use of the Services.

You must not transmit worms, viruses, malware, destructive code, or any other technology intended to interfere with the operation or security of the Site or Services.

A breach or violation of these Terms may result in suspension or immediate termination of your access to the Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any lawful reason at any time.

You understand that content you submit, excluding payment information, may be transferred across various networks and may be modified as necessary to conform to technical requirements of connecting networks or devices.

Payment and credit card information is handled using applicable security and encryption technologies provided by our payment processors and service providers.

You agree not to reproduce, duplicate, copy, sell, resell, exploit, or commercially use any portion of the Service, access to the Service, or contact through which the Service is provided without our express written permission.

The headings used in these Terms are included for convenience only and shall not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on the Site is inaccurate, incomplete, or not current.

Materials on the Site may be provided for general informational purposes and should not be relied upon as the sole basis for making decisions without consulting other appropriate sources of information.

Any reliance on materials provided through the Site is at your own risk.

The Site may contain historical information that is necessarily not current and is provided for reference purposes only.

We reserve the right to modify Site content at any time, but we have no obligation to update information except where required by applicable law.

SECTION 4 - MODIFICATIONS TO SERVICES AND PRICES

Prices for our products or Services are subject to change without notice.

We reserve the right at any time to modify, suspend, limit, or discontinue the Service, or any portion thereof, without notice where permitted by law.

We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS AND SERVICES

Certain products or Services may be available exclusively online.

Products and Services may be subject to additional terms, eligibility requirements, availability restrictions, return policies, refund policies, service agreements, or other conditions disclosed at the time of purchase.

We reserve the right, but are not obligated, to limit the sale or availability of products or Services to any person, geographic region, or jurisdiction.

We reserve the right to limit quantities, discontinue products or Services, or modify descriptions and pricing at any time without notice.

Any offer for a product or Service made through this Site is void where prohibited.

Unless expressly stated otherwise in writing, we do not warrant that any product, Service, information, or material purchased or obtained through the Site will meet every user's individual expectations.

SECTION 6 - BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse, limit, or cancel any order you place with us where permitted by law.

Restrictions may include orders placed by or under the same customer account, payment method, billing address, or other identifying information.

If we modify or cancel an order, we may attempt to notify you using the email address, telephone number, billing information, or other contact information provided at the time the order was submitted.

You agree to provide current, complete, and accurate purchase and account information for transactions made through our Site.

You agree to promptly update your account and contact information, including email addresses, telephone numbers, payment information, and expiration dates, so that we can complete transactions and communicate with you as necessary.

Any applicable return or refund policy is incorporated into these Terms by reference.

SECTION 7 - OPTIONAL AND THIRD-PARTY TOOLS

We may provide access to third-party tools, software, websites, applications, scheduling systems, payment processors, communication platforms, or other technology that we do not own or control.

Such tools may be provided “as is” and “as available” without warranties, representations, or conditions of any kind from us.

Your use of third-party tools is at your own risk and discretion and may also be governed by the terms and privacy policies of the applicable third-party provider.

We may introduce new tools, features, or Services in the future. Any such additions shall also be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS AND ONLINE COMMERCE

Certain content, products, Services, or links available through our Site may include materials or offerings from third parties.

Links to third-party websites do not constitute an endorsement or sponsorship by GCL Company LLC.

We are not responsible for examining or evaluating the accuracy, quality, security, reliability, or practices of third-party websites, products, or Services.

Certain sections of the Site may permit you to purchase products or Services provided by third-party vendors.

Your participation in transactions with third parties is solely between you and the applicable third party.

Information provided during a third-party transaction, including payment information, may be collected by the third-party merchant according to that merchant's terms and privacy practices.

GCL Company LLC shall not be responsible for loss or damage arising from your dealings with third-party websites, vendors, products, or Services.

You should carefully review the policies and practices of third parties before entering into any transaction.

SECTION 9 - USER COMMENTS, FEEDBACK, AND SUBMISSIONS

If you submit comments, ideas, suggestions, proposals, plans, testimonials, photographs, videos, social media content, or other materials to us, you represent that you own the material or have obtained all permissions necessary to provide it to us.

Unless otherwise agreed in writing, you grant GCL Company LLC a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, transmit, translate, distribute, create derivative works from, publicly perform, publicly display, and otherwise use such materials in any medium.

We may, but are not obligated to, monitor, edit, or remove content that we determine is unlawful, offensive, threatening, defamatory, obscene, infringing, misleading, or otherwise objectionable or in violation of these Terms.

You may not submit material that violates the rights of any third party, including copyrights, trademarks, privacy rights, publicity rights, or other proprietary rights.

You may not impersonate another person, use false identifying information, misrepresent the source of submitted material, or introduce malware or harmful code through any submission.

You remain responsible for the accuracy and legality of the content you submit.

SECTION 10 - INTELLECTUAL PROPERTY RIGHTS

The Site and materials made available through the Site, including text, graphics, logos, photographs, videos, software, designs, layouts, downloadable materials, trademarks, service marks, and other content, are owned by or licensed to GCL Company LLC and are protected by applicable intellectual property laws.

The Site and its content are provided primarily for personal and authorized business use.

Unless expressly authorized by us in writing, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, license, create derivative works from, commercially exploit, or distribute Site materials.

You may download or print individual pages for your personal, non-commercial use provided that all copyright, trademark, and proprietary notices remain intact.

Nothing contained in these Terms transfers ownership of our intellectual property to you.

SECTION 11 - REGISTRATION, ACCOUNTS, AND PASSWORDS

Certain features of the Site may require you to register or create an account.

You agree to provide accurate, current, and complete information when creating or maintaining an account.

You are responsible for maintaining the confidentiality of your usernames, passwords, login credentials, and other account-access information.

You are responsible for activity conducted through your account to the extent permitted by applicable law.

If you believe your account or credentials have been accessed or used without authorization, you must notify us promptly using the contact information provided in these Terms.

We are not responsible for loss or damage arising from your failure to reasonably safeguard your account credentials.

SECTION 12 - PERSONAL INFORMATION AND PRIVACY

Your submission and our handling of personal information are governed by our Privacy Policy.

Our Privacy Policy is incorporated into these Terms by reference.

Please review the Privacy Policy available on our website for information regarding the collection, use, disclosure, retention, and protection of personal information.

SECTION 13 - SMS MESSAGING TERMS & COMPLIANCE

13.1 SMS Program Description

Our SMS messaging program may send appointment confirmations, appointment reminders, scheduling information, rescheduling updates, customer support communications, and other service-related messages to customers who have provided a mobile telephone number and expressly opted in to receive SMS communications.

Where SMS consent is collected through an online form, consent may be obtained using a dedicated SMS consent checkbox or similar affirmative opt-in mechanism.

You will only receive SMS communications when you have provided the applicable consent required for the type of messaging being sent.

13.2 SMS Consent

By opting into our SMS messaging program, you authorize GCL Company LLC to send text messages to the mobile telephone number you provided for the purposes described at the time of opt-in.

Your participation in the SMS program is subject to these Terms, our Privacy Policy, and any additional disclosures presented when you provide consent.

We maintain records relating to SMS consent and communication preferences as appropriate.

13.3 Message Frequency

Message frequency varies based on your interactions with GCL Company LLC, your Service usage, and your appointment or scheduling activity.

13.4 Message and Data Rates

Message and data rates may apply to messages sent from us to you and from you to us.

Your wireless provider's standard messaging and data charges may apply.

For questions regarding your wireless plan, contact your wireless carrier.

13.5 Cancellation and Opt-Out

You may cancel SMS communications at any time by replying STOP to the telephone number from which you received the message.

After you send STOP, we may send a final confirmation message confirming that you have been unsubscribed.

Following that confirmation, you will no longer receive SMS messages from that messaging program unless you subsequently opt in again.

To resume receiving messages, you may opt in again through an authorized registration, scheduling, or consent process.

13.6 Help and Support

For assistance with our SMS messaging program, reply HELP to a message you have received.

You may also contact:

Email: info@gclcompanyllc.nebulabrandgroup.com
Phone: (561) 660-9855

Support is available during regular business hours.

13.7 Carrier Liability

Wireless carriers are not liable for delayed or undelivered messages.

Delivery of SMS communications is subject to effective transmission by your wireless carrier and other communications service providers and is outside our complete control.

13.8 Supported Carriers

Our SMS messaging program is intended to operate with major U.S. wireless carriers, including AT&T, T-Mobile, Verizon, Sprint, and most regional carriers.

Carrier availability and messaging functionality may vary.

13.9 Age Requirement

You must be at least 18 years old to participate in our SMS messaging program.

13.10 Privacy

Your participation in the SMS program is also governed by our Privacy Policy.

For information regarding how personal information, mobile information, and communication information are collected, used, and protected, please review our Privacy Policy.

13.11 Compliance

We intend to operate our SMS messaging program in compliance with applicable laws, regulations, and industry requirements governing text messaging communications, including the Telephone Consumer Protection Act (“TCPA”) and applicable messaging-industry guidelines.

SECTION 14 - ERRORS, INACCURACIES, AND OMISSIONS

From time to time, information on the Site or within the Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, availability, scheduling, or other information.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information where appropriate without prior notice, including after an order or request has been submitted where permitted by law.

We undertake no obligation to update, amend, or clarify information except as required by law.

SECTION 15 - PROHIBITED USES

In addition to other restrictions contained in these Terms, you may not use the Site, Services, communications systems, or content:

  1. For any unlawful purpose;

  2. To solicit or facilitate unlawful activity;

  3. To violate applicable international, federal, state, provincial, or local laws or regulations;

  4. To infringe our intellectual property rights or those of another person;

  5. To harass, abuse, threaten, defame, intimidate, or unlawfully discriminate against another person;

  6. To submit false, deceptive, or misleading information;

  7. To transmit viruses, malware, malicious code, or other harmful technology;

  8. To unlawfully collect, track, or exploit the personal information of another person;

  9. To spam, phish, pharm, pretext, spider, crawl, scrape, or otherwise misuse the Site;

  10. For obscene or unlawful purposes;

  11. To circumvent, disable, or interfere with security features of the Site or related systems;

  12. To interfere with the normal operation of our communications, websites, applications, or Services; or

  13. To use our Services in a manner that causes us or our providers to violate applicable telecommunications, privacy, consumer-protection, or other laws.

We reserve the right to suspend or terminate access for violations of these prohibited uses.

SECTION 16 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that the Site or Services will be uninterrupted, timely, secure, error-free, or continuously available.

We do not warrant that results obtained through use of the Services will be accurate, reliable, or suitable for every purpose.

From time to time, we may suspend or discontinue portions of the Services.

To the fullest extent permitted by applicable law, your use of the Site and Services is at your sole risk.

Except as expressly stated by us in writing, the Site, Services, products, and content are provided “as is” and “as available” without representations, warranties, or conditions of any kind, whether express or implied, including implied warranties of merchantability, merchantable quality, fitness for a particular purpose, title, durability, and non-infringement.

To the fullest extent permitted by applicable law, GCL Company LLC and its officers, directors, employees, affiliates, agents, contractors, suppliers, service providers, licensors, and representatives shall not be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages arising from or relating to:

  • Your use of or inability to use the Site or Services;

  • Products or Services obtained through the Site;

  • Errors or omissions in Site content;

  • Third-party services or websites;

  • Communications transmitted through the Services; or

  • Any other claim relating to your use of the Site or Services.

Where a jurisdiction does not permit certain exclusions or limitations of liability, our liability shall be limited to the maximum extent permitted by applicable law.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless GCL Company LLC and its parents, subsidiaries, affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, and suppliers from and against claims, causes of action, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising from or related to:

  • Your breach of these Terms;

  • Your breach of any representation or obligation under these Terms;

  • Your violation of applicable law;

  • Your violation of the rights of another person; or

  • Your misuse of the Site or Services.

SECTION 18 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nevertheless be enforced to the fullest extent permitted by applicable law.

Any unenforceable portion shall be deemed severed from these Terms without affecting the validity and enforceability of the remaining provisions.

SECTION 19 - TERMINATION

These Terms remain effective unless and until terminated by you or us.

You may terminate your use of the Services by discontinuing use of the Site and Services and, where applicable, notifying us that you no longer wish to maintain an account or receive a particular Service.

We may suspend, restrict, or terminate your access to all or any portion of the Site or Services if we determine or reasonably suspect that you have violated these Terms or engaged in unlawful, abusive, fraudulent, or inappropriate conduct.

Upon termination, you must discontinue any unauthorized use of the Site and its protected content.

Termination does not eliminate rights, liabilities, obligations, or amounts incurred before the effective termination date.

Any provisions that by their nature should survive termination shall survive.

SECTION 20 - ENTIRE AGREEMENT AND WAIVER

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms, together with our Privacy Policy and any other policies, disclosures, agreements, or operating rules incorporated by reference, constitute the agreement between you and GCL Company LLC concerning your use of the Site and Services to the extent applicable.

These Terms supersede prior or contemporaneous communications or proposals concerning the same subject matter unless a separate written agreement expressly provides otherwise.

SECTION 21 - GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of the state in which GCL Company LLC maintains its principal place of business, without regard to conflict-of-law principles.

To the extent permitted by applicable law, disputes arising from or relating to these Terms, the Site, or Services shall be resolved through binding arbitration in that jurisdiction.

Nothing in this section shall prevent either party from pursuing any remedy that applicable law does not permit to be waived or subjected to arbitration.

SECTION 22 - CHANGES TO TERMS OF SERVICE

We may revise these Terms periodically.

The most current version will be made available through our website and will display the applicable effective date.

We reserve the right to update, change, or replace any portion of these Terms by posting revised Terms on the Site.

Your continued use of the Site or Services after revised Terms become effective constitutes acceptance of those revised Terms to the extent permitted by law.

SECTION 23 - CONTACT INFORMATION

Questions regarding these Terms of Service may be directed to:

GCL Company LLC

Phone: (561) 660-9855
Email: info@gclcompanyllc.nebulabrandgroup.com

For questions specifically concerning SMS messaging, you may also reply HELP to a message received from us.

For SMS opt-out requests, reply STOP to the telephone number from which you received the message.

By using our website or Services, you acknowledge that you have read and agree to these Terms of Service.

© GCL Company LLC