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Website Terms of Use
By visiting and/or utilizing this website, our message system, and email contact address, you agree to all of the following terms and conditions outlined below. If you do not agree to any of these terms, please leave this page and website immediately! without any further use of this site!
Introduction:
WELCOME TO DOMINION GEMS. Thank you for your interest in our products and services. The services are provided by DOMINION GEMS, Watertown,South Dakota, which is registered with the South Dakota Secretary of State as a fictitious name business "dba". For details, see the about us page.
By using our services and this website, you are agreeing to these terms. Please read them carefully.
THIS IS A CONTRACT. We provide our services using a commercially reasonable level of skill and care and we hope that you will enjoy our services and products. But there are certain things that we don't promise about our services. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER DOMINION GEMS, NOR ITS OWNERS, AGENTS, ASSIGNS, OR SUCCESSORS, MAKE ANY SPECIFIC PROMISES ABOUT OUR SERVICES. WE PROVIDE SERVICES "AS IS." TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES. THE FOLLOWING POLICIES ARE MADE A PART HEREOF BY REFERENCE THERETO AND LINKING:
1. By using www.dominiongems.com, any of its subdomains or any other Web site on which a link to this agreement appears (collectively, the “Site”), you agree to the following terms with dominiongems.com, DOMINION GEMS DBA, Christopher Wentzell, William Pinna, and its/their affiliated companies (“Dominiongems.com”, “we”, “us” or “our”) regarding use of the Site and the services offered on the Site. Before using this Site, you must read and accept all of the terms in, and linked to, this Dominiongems.com User Agreement (this “Agreement”) and this page. By accepting this Dominiongems.com User Agreement, you agree that this Agreement and page, as well as the linked documents made a part of this Agreement such as the Sales Policy and Privacy Policy, will apply whenever you use the Site and its related services. You agree to the website terms of use, sales and return policy, and privacy policy referenced herein, specifically: WEBSITE TERMS OF USE: You hereby agree to our website terms of use, which is available on our Terms of Use Page; PRIVACY POLICY: You hereby agree to our privacy policy which is available on our Privacy Policy Page; SALES AND RETURN POLICY: You hereby agree to our sales policy which is available on our Sales Policy Terms Page., and Footer Policy and Notice Links (Appears on the bottom of each page of website). OTHER POLICIES, TERMS, NOTICES, and STATEMENTS. You hereby agree to all other policies, terms, notices, and statements made on this website.
2. Terms & definitions. As used in this Agreement, “you,” “User,” "Buyer," and/or "Customer" means both (a) the individual now visiting as a user of the Site or the existing user of the Site now agreeing to this Dominiongems.com User Agreement, and/or purchasing and/or requesting our products and/or services, as the case may be, and (b) if applicable, the company or other business or governmental entity specified by you upon registration (any such entity, “your Company”). You and your Company, if any, and all agents, successors and assigns, are jointly and severally liable for your obligations under this Agreement. As used in this agreement, "Dominion Gems," "Dominion Gems DBA," www.dominiongems.com," and "we/us/our" means CHRISTOPHER WENTZELL and WILLIAM PINNA as individuals, doing business as ("DBA") DOMINION GEMS.
3. Should you object to any of the terms of this Agreement or any subsequent modifications thereto or become dissatisfied with the Site and related services in any way, your only recourse is to immediately: (1) discontinue use of the Site and services; You may terminate this Agreement with us only if you do not have active transactions on/through the Site and only if if your account/purchases is/are paid in full. At any such time, you may terminate this Agreement and your account by notifying us in writing at our contact address. Termination of your agreement does not alter or change any of the legal terms and other waivers/stipulations made by you prior to your termination of agreement, and any such termination shall not apply retroactively but prospectively only.
4. Changes to Agreement. We reserve the right, in our sole discretion, to amend and supplement this Agreement (including the Site Rules, Privacy Policy and any other document incorporated herein), at any time, by posting the revised Agreement to the Site without further notice to you. Your continued use of the Site after such changes are posted will constitute your agreement to such amended Agreement, other document, or additional terms and conditions. This Agreement may not be amended by you other than in a writing signed by both parties, and for purposes of this sentence, “writing” does not include email, and “signature” does not include an electronic signature. ABOUT THESE TERMS- We may modify these terms or additional terms as we see reasonable from time to time, such as from changes to the law or changes to our services. You should look at the terms regularly. Any changes to the terms will not apply retroactively unless required by law. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. These terms control the relationship, if any, between DOMINION GEMS and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The laws of the State of South Dakota, will apply to any disputes arising out of or relating to the use of this website and services. All claims arising out of or relating to these terms or the services will be litigated exclusively in the federal or state courts of Codington County, State of South Dakota, USA, and you and DOMINION GEMS consent to personal jurisdiction in those courts. For information about how to contact DOMINION GEMS, please visit our contact page or the bottom of this page.
5. Accuracy. You represent and warrant that all information given to us or independently through Paypal (including your name, address and other information associated with your purchase (“User Information”)), is true, accurate, up-to-date and not misleading, and that you have the right to do so.
6. Privacy. We do not use your personal information to send you marketing emails without your explicit consent. We also do NOT sell or rent your personal information to non-affiliated third parties for their marketing purposes without your explicit consent. We use your information only as described in the DOMINION GEMS Privacy Policy. We store and process your information on computers located in the United States that are protected by technological as well as physical security devices. For a complete description of how your personal information may be used on the Site and your choices in this regard, please see the DOMINION GEMS PRIVACY POLICY. We retain information provided by users at the time of written or verbal communication, email, and all information regarding transactions on the Site. Your acceptance of this Agreement constitutes your acceptance of the Privacy Policy, which is incorporated herein by reference. We do not store any of your financial information as all sales are handled through Paypal's Secure website. If you object to your personal information being used as described in the Privacy Policy please do not register or use our services.
7. Links and Third Party Websites. The Site may contain links to third party websites as well as third party advertisements. Dominion-exploration.com is not responsible for and has no liability for the privacy or other practices of any such third party. We recommend that you review the privacy policies of each website you visit. Links to other websites from this site are provided. DOMINION GEMS shall not be held accountable or liable for the content or activity on any of these linked sites. You visit those linked sites, if you choose, at your own risk.
Transactions on the Site, by mail, over the internet, via Paypal, in person, and over the phone:
1. Fees. You understand and agree that ALL FEES PAID TO US ARE NON-REFUNDABLE. Our fees for items are posted with that item and include shipping and handling costs; our fees for services are as stated on this website or communicated via phone, email, and/or writing between us, all of which are incorporated in entirety in this Agreement. You agree to pay all applicable fees for your purchase of items or services from us. You hereby agree that:
Any returned check is subject to a $40.00 returned check fee. If you wrote us a bad check, you only have 30 days to make restitution to us, and if you fail to do so, we may report you for criminal prosecution and impose additional civil penalties against you, including but not limited to an additional penalty of double the amount of the check. Specifically, If the check remains unpaid for a period of at least thirty days, state law 22-30A-33 provides that the holder of the check can demand the amount of the check plus an additional civil penalty equal to twice the amount of the check. State law 22-30A-32 then allows the matter to be turned over to the state's attorney for prosecution.
A late fee of 1.5% per month or the highest rate permitted by applicable law, whichever is less, will be assessed on all past due balances.
RETURNS- Items damaged, altered, abused, or neglected by a customer or purchaser cannot be returned nor refunds made. Period. No exceptions. Sales prices will NOT be refunded for Mining Claims which have been sold to a purchaser and worked, altered, prospected, dug on or into, exploited, or altered from the condition prior to date of sale.
2. Credit Cards and Direct Payments. By placing a credit card on file with us you authorize us to charge your card for any fees you accrue as a result of using the Site or our products and services. Fees may include the reimbursement to Dominiongems.com under the Buyer’s Protection Policy. You authorize us to consolidate balances from any duplicate accounts you may have created on our Site and bill them to your credit card. You may revoke your authorization by sending us a written request to DOMINION GEMS, 4200 11th Avenue NW, Watertown SD 57201. We may continue to bill your credit card or direct payment account for any fees for any services rendered or actions by you or by us taken prior to the receipt of your written revocation. Our billings may appear on your statement as "DOMINION GEMS,” "DOMINIONGEMS.COM, or any others that we may designate. BY USING A CREDIT CARD for any purchases from DOMINION GEMS through Paypal, or over the phone with us, YOU HEREBY UNCONDITIONALLY WAIVE ANY AND ALL CHARGEBACK RIGHTS YOU MAY HAVE. If you have any question about a charge on your credit card, contact us as described in the Notices section below. If you deliberately or inadvertently issue a chargeback to your credit card, you agree to pay a $150 processing and collection fee, plus any resulting damages to DOMINION GEMS. NOTICE REGARDING "FRIENDLY FRAUD" & "CHARGEBACK FRAUD": If you purchase an item from us, and receive it, and then claim you did not order and/or recieve it, simply put, you agree to be sued and we will sue you for actual costs plus exemplary damages. We may also prosecute you criminally, and likely report you to scammer agencies and/or notification boards/sites. We are vigilant in this regard to protect both ourselves and our fellow gem and mineral dealers. In the event that you deem it necessary to issue a Paypal, Credit Card Chargeback or Reversal, you agree to give us 14 days notice via both certified mail return receipt (to: Dominion Gems attn: Chris Wentzell, 4200 11th Ave NW, Watertown SD 57201, and, email to cryogeniemine@gmail.com (with "chargeback" in the issue/topic area of email) to first rectify the situation by shipping your item to you or filing mining claim transfers with the County and BLM. If you do not follow this process we will not be on notice and will be irreparably damaged and will pursue remedies and damages in Court against you. NOTICE IS HEREBY GIVEN THAT: No refunds or returns will be accepted, given, or allowed on sales of Mining Claims or mining sites but we will do everything we can to make sure that you get documented transfer of the mine or mining claim to you ASAP. ADDITIONAL TERMS REGARDING MINING CLAIMS/SALES ARE LOCATED ON OUR SALES POLICY PAGE. Notice is hereby given that issuing or causing a reversal of credit card or paypal payment to us without following this procedure, you consent to a $10,000.00 per $2500.00 fee or part thereof plus actual damages for failure to comply with these provisions. Thus, as an example, a $25,000.00 reversal or chargeback would be a $250,000.00 fee plus actual damages.
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2A. MINING CLAIMS and MINING CLAIM RELATED SERVICES; CONFIDENTIALITY; REFUNDS; WAIVER OF LOCATION NON-COMPETE BY BUYER WHO CANCELS FOR 5 YEAR TERM; ETC. No refunds or returns will be allowed on sales of Mining Claims or mining sites. We will warrant that you get the claim you purchased or your money back within 90 days of purchase. No refunds on mining claim services or location services. These are unique services and once payment is received and research/work begins, no refunds or partial refunds will be given. Location services do NOT include payment of local, county, state, federal, or BLM fees unless agreed in writing saying "ALL COUNTY/BLM RECORDING FEES TO BE PAID BY DOMINION GEMS" OR "COVERED BY THIS AGREEMENT." If specific locations are contracted for, partial pro-rated refunds will be given for any work that cannot be completed or remains unfinished. Such refunds will be in cash or electronic funds, and not subject to any damages or other amounts/claims. Refunds subject to be issued within 6 months upon determination of unfinished or cancellation. Contracted mining claim location services, or location of mining claims are subject to a confidentiality clause between Dominion Gems and the buyer; if location services are cancelled or refunded, Buyer shall be subject to confidentiality of such locations for a period of 5 years with a no-compete clause that buyer shall not have any right to said ground, and Buyer forever waives all right and claim to such ground or relocation within 5 years after given notice of cancellation. Violation by any buyer to disclose such ground, or any attempt to relocate or have others relocate said ground subject of cancelled location services shall be considered breach of trust and subject buyer to pay damages to Dominion Gems for the actual value of such ground and/or locations, not the amount paid, but actual value of the ground as determined by Dominion Gems. Further, before Dominion Gems issues any refund, Buyer must (shall) sign a 5-year waiver/non-disclosure/non-compete agreement to the ground/mining claims involved and Dominion Gems must receive the original notarized document before issuing any refund.
3. Taxation. You agree that DOMINION GEMS bears no responsibility for the reporting, payment, collection and remittance of any sales/use tax, VAT tax, transaction tax, transfer tax or any other fee or tax that may be assessed on any sale or transaction conducted through the Site by any jurisdiction having taxing authority over the sale or transaction. You agree that you are responsible for, and will indemnify us against, any liability for any sales/use, VAT or similar transaction tax that is or may be assessed by any jurisdiction with respect to the fees charged to sellers by us. You agree to defend, indemnify and hold us harmless from and against any and all liabilities, damages and costs that may result from inadequate reporting, payment, collection or remittance by you of any taxes relating to transactions conducted on the Site, except taxes imposed on or measured by our income or net worth.
4. Release. You hereby release us, our directors, officers, employees and agents from and against any and all claims, demands and damages (actual and consequential, and including attorneys’ fees) 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. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You agree and stipulate that this user agreement and this release is both general and specific. WEBSITE USE- Use of this website is done at the visitor's risk, and DOMINION GEMS shall never be held liable for any use of this website.
5. Assignment of Claim. In the event that you receive compensation under our Buyer’s Protection Program, you hereby irrevocably assign and transfer to DOMINION GEMS DBA (Christopher Wentzell, William Pinna, their agents, assigns and successors) any and all claims and rights of action (whether at law or in equity, under this Agreement or otherwise) against the seller of the Item for which you received compensation under the Buyer’s Protection Program, in connection with the purchase of the Item for which you received compensation.
6. Right to Refuse Service. We reserve the right to refuse sales of any items or services to anyone for good cause.
Intellectual Property and copyrights:
1. Use of Content. With the exception of banner links contained on the Links page, all materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of the Site (collectively, the “Content”) are intended solely for personal, non-commercial use in connection with the services provided on the Site. No right, title or interest in any materials or software is transferred to you as a result of any use by you. You may not download, reproduce, store, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Site or any related software. All software used on the Site is the property of Dominion-exploration.com or its licensors and suppliers and protected by U.S. and international copyright laws. The Content and software on the Site may be used only as a resource for DOMINION GEMS marketing, sale and purchase of Minerals, Gemstones, Mineral Claims and other items/services on the Site, and your purchase of our products or services. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on the Site is strictly prohibited.
2. Copyrights and Trademarks. Unless otherwise noted, all Content constitutes copyright, trademark, service mark, trade dress and/or other intellectual property owned, controlled or licensed by us or by third parties who have licensed their materials to us and are protected by U.S. and international intellectual property laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on the Site is the exclusive property of Dominion-exploration.com, or its affiliates, and is also protected by U.S. and international copyright laws. You may not use meta tags or other hidden text utilizing Dominiongems.com’s name or trademarks without the express prior written consent of DOMINION GEMS.
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2A. Copyright of individual person images; violation; penalty. All personal images of / depicting the individuals/owners CHRISTOPHER WENTZELL and WILLAIM PINNA are owned and copyrighted by them: Reproduction, storing, transmittal, copying, copying, pasting, sharing, posting, or any/all other uses of the images of said individuals are unatuhorized/prohibited use without the express written notarized permission to do so. Unauthorized/Prohibited use of said images shall be subject to a $100,000.- fee which can be recovered in a civil action by said individuals; in the event such images are used in a libelous, slanderous and/or defamatory manner, such fee applies with additional treble damages and quadruples for any use which would constitute "Libel Per Se".
3. Abuse of Site. You are prohibited from violating or attempting to violate the security of the Site, or otherwise abusing the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services via the Site, or obtain other user information from the Site in order to do so; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; (f) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site or bypass any measures used to restrict access to the Site; (g) using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from Dominion-exploration.com on the Site and other than generally available third party web browsers; or (h) collecting information about other users without their consent. Violations of system or network security may result in civil or criminal liability. Abusive use of this website, contacts, or links provided is prohibited and shall be considered a violation of these terms. Abuse as defined by these terms shall also include violations of any state, federal, or local law.
3a. NO SPAM POLICY AND NOTICE/WARNING TO SPAMMERS: We do NOT tolerate SPAM via this website or use of our message/email system, BE WARNED!:
All persons, businesses, and other entities that send any unsolicited commercial email through use of this website or to any email address containing “dominiongems.com or dominiongems@gmail.com” voluntarily and irrevocably enter a contract with Dominion Gems, its owners, Christopher Wentzell, William Pinna, their agents and assigns, and hereby fully agree to be bound by the terms of the contract and “No Spam Policy” as described herein. You also agree and are bound to have actual knowledge of South Dakota Codified Laws, Chapter 37-24, Deceptive Trade Pracrices and Consumer Protection, and the full contents thereof.
3a(1). Unless Dominion Gems, its owners, agents or assigns, or someone else with an email address including "cryogeniemine@gmail.com," “dominiongems.com” or “dominiongems@gmail.com” has specifically opted in to receive commercial email from you, you understand and agree that neither Dominion Gems nor anyone else with an email address including “dominiongems.com” or “dominiongems@gmail.com” has ever requested any commercial communication from you, and that any commercial email you send that includes “dominiongems.com” and/or “dominiongems@gmail.com” in the To, Cc, or Bcc fields that fits these criteria is against the express wishes of the recipient(s). This applies whether sent by a person and/or an automated system or machine. This spam policy also applies to messages and comments left on the Testimonials page of this website and related sites.
3a(2). As consideration for reading your unsolicited commercial email, you agree that any email you send which advertises or promotes any product, service, or Internet destination shall be subject to a $25,000.00 fee for reading and responding appropriately. The fee may be paid in advance at PayPal, or Dominion Gems, its owners, agents or assigns will remit an invoice.
3a(3). You accept responsibility for any affiliates or marketing agents who promote any product, service, or Internet destination on your behalf.
3a(4). Concealing your identity increases the fee by $10,000.00 to compensate for the effort to track down the sender.
3a(5). You may not sell, barter, or give away to any other party any email addresses containing the domain name “dominiongems.com” or “dominiongems@gmail.com”. Violation of this clause subjects you to liquidated damages of $10,000.00 or ten (10) times the amount of money you made selling the address(es), whichever is greater.
3a(6). You agree that California Business & Professions Code §17529.5 and relevant South Dakota and Nevada law is not pre-empted by the Federal CAN-SPAM Act, 15 U.S.C. § 7701 et seq.
3a(7). In the event that any suit or action is instituted to enforce any provision in this contract, Dominion Gems, its owners, Christopher Wentzell, William Pinna, their agents and assigns, shall be entitled to all costs and expenses of maintaining such suit or action, including reasonable attorneys’ fees.
3a(8). This contract shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors, assigns, administrators, executors and other legal representatives.
3a(9). Any action in respect of or concerning this contract shall be litigated solely in South Dakota and both parties consent to jurisdiction in
South Dakota, whichever is deemed appropriate by DOMINION GEMS and relevant law. This contract shall be governed by, construed and enforced in accordance with the laws of the State of South Dakota..
3a(10). Sending email to or copying to or blind copying to any email address containing the domain name “dominiongems.com,” “dominiongems@gmail.com,” "cryogeniemine@gmail.com" or similar actions by your affiliates/agents, constitutes irrevocable voluntary acceptance of these terms.
4. Submissions. All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this Website or otherwise disclosed, submitted or offered in connection with your use of the Site (collectively, the “Comments”) shall be and remain DOMINION GEMS and dominiongems.com property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in and to all copyrights and other intellectual property in the Comments. As a result, we will own exclusively all such right, title and interest and will not be limited in any way in our use, commercial or otherwise, of any Comments.
Your Limits of Liability:
1. LIABILITY OF CUSTOMER/USER. In the event that a user or customer violates or breaks these terms, such user or customer shall be liable to DOMINION GEMS (CHRISTOPHER WENTZELL and WILLIAM PINNA jointly and/or individually) for actual, consequential, direct, indirect, special, exemplary, punitive, and any and all other damages, as well as lost profits, revenues, and any/all attorney, expert, and court fees. You hereby agree to these terms by remaining on/using this website, and/or using or purchasing our products or services.
Our Limits of Liability:
1. DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE SITE AND THE SERVICES ON THE SITE ARE ENTIRELY AT YOUR OWN RISK. THE SITE AND SERVICES, INCLUDING ALL CONTENT, ITEMS, LISTINGS, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ITS FUNCTIONS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO ENDORSEMENT OR WARRANTY REGARDING ANY ITEMS POSTED ON THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER OF THE SITE.
2. LIMITATION OF LIABILITY: LIMITATION OF LIABILITY AS IT APPLIES TO PRODUCTS/GOODS, OUR SERVICES, OR SALES: DOMINION GEMS will not, and shall not, be liable for anything other than the price of the product or service purchased, if at all. When permitted by law, DOMINION GEMS and its owners, agents, assigns, or successors will NOT be liable or responsible for lost profits, revenues, financial losses or indirect, special, consequential, exemplary, or punitive damages. STATUTE OF LIMITATIONS- Any and all legal claims and any cause of action by the customer or user of this website must be brought within one (1) year after purchase or use or be forever waived and barred, unless a shorter period of time is presscribed by law, in which event the shortest period shall apply. Customer or user shall, before bringing any suit or cause of action against DOMINION GEMS, first contact DOMINION GEMS with their complaint and try to resolve any issues informally. DOMINION GEMS shall not be liable in any cause of action for any matter which the user or customer fails to mitigate damages by taking due care to resolve issues first with DOMINION GEMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF DOMINION GEMS DBA, ITS OWNERS, AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY “DOMINION GEMS PARTIES”) SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE SITE OR SERVICES, OR RELATED TO THE INFORMATION, CONTENT AND FUNCTIONS THEREOF, WHETHER GENERATED BY THE SITE, BY ANOTHER USER OR BY UNAUTHORIZED ACCESS TO THE SITE (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS OR LOST SALES, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE GB PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM OR (B) US$100.00. THIS LIMITATION SHALL NOT APPLY IN THE CASE OF WILLFUL OR INTENTIONAL MISCONDUCT.
3. Indemnification: You shall, and hereby do, agree to indemnify, defend, and hold DOMINION GEMS, its owners, partners, agents, affiliates, successors, and assigns, fully and totally harmless from any and all liability, loss, claim, and expense, including attorneys fees and expenses, related to a user's violation of these terms and/or the use of this website. You shall indemnify, defend and hold DOMINION GEMS DBA, Christopher Wentzell, William Pinna, Dominiongems.com, their agents, successors and assigns, fully harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys’ fees), incurred by DOMINION GEMS DBA., any Party in connection with any claims arising out of, based upon or resulting from any of the following, whether by you or by a third party using your computer: (a) any breach or violation of this Agreement, (b) any use of the Site, (c) any violation of any applicable law or regulation governing Your activities on or off of the Site, or (d) the infringement of any intellectual property or other right of any person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.
Governing Law, Dispute Resolution in South Dakota and Other Terms:
1. International Users; Choice of Law. The Site is controlled, operated and administered by DOMINION GEMS DBA, which is based within the United States. We make no representation that functions or information found at the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the information found on or at this Site in violation of U.S. or other export laws and regulations. If you access this Site from a location outside of the U.S., you are responsible for compliance with all laws applicable to you. This Agreement, all matters arising from or relating to the your use of the Site, and any and all claims arising out of your relationship with DOMINION GEMS. Parties shall be governed by and in accordance with the laws of the State of South Dakota , excluding (i) its conflicts of laws provisions, (ii) the United Nations Convention on Contracts for the International Sale of Goods, and (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods, as amended. This website is owned by CHRISTOPHER N. WENTZELL individually, and leased to DOMINION GEMS. DOMINION GEMS hereby assumes all responsibility and liability for this website and hereby irrevocably and forever notes that The Wentzell Revocable Trusts are not a party or involved hereto, and Christopher Wentzell and Dominion Gems hereby assumes any & all liability for this website and forever indemnifies the Wentzell-Pinna Revocable Trust and the Pinna-Wentzell Revocable Trust for any and all liabilities and costs whatsoever, NOTICE OF WHICH IS HEREBY GIVEN. Simply put, The Wentzell Revocable Trust(s) and Wentzell Gem & Mineral Trust(s) are NOT involved with nor a party to this website and are not responsible for any content herein, any transactions by Dominion Gems, or any liability thereunder.
2. Dispute Resolution; Attorneys’ Fees. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE SHALL BE INSTITUTED EXCLUSIVELY IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF CODINGTON, STATE OF SOUTH DAKOTA (OR) CLARK COUNTY IN THE STATE OF NEVADA (as provided by law), both in the UNITED STATES OF AMERICA, AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR IN THE FUTURE TO THE LAYING OF THE VENUE, OR TO THE JURISDICTION OF ANY SUCH COURT OVER YOU OR YOUR ACTIVITIES ON THE SITE. Notwithstanding the foregoing, DOMINION GEMS DBA, CHRISTOPHER WENTZELL and WILLIAM PINNA, both jointly and individually, reserves the right to institute proceedings in any jurisdiction in order to (i) obtain interim or provisional relief pending resolution of a dispute; or (ii) collect from you any monies due under this Agreement or under an award of the court described above. STATUTE OF LIMITATIONS: You may not bring any action arising out of this User Agreement or your use of the Website or the Services, regardless of form or the basis of the claim, more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose), unless a shorter period is prescribed by law, in which event the shortest period shall apply. Customer or user of this website or services agrees that Customer/user shall, before bringing any suit or cause of action against DOMINION GEMS, first contact DOMINION GEMS with their complaint or controversy and try to resolve any issues informally. DOMINION GEMS shall not be liable in any cause of action for any matter in which the user or customer fails, neglects, and/or refuses to mitigate damages by taking due care to resolve issues first with DOMINION GEMS. In the event that you bring an action in an improper forum or outside of the time limit in violation of this Section, Dominiongems.com and DOMINION GEMS, shall be entitled to recover from you its reasonable attorney’s fees in responding to such action.
3. Notices. Except as explicitly stated otherwise, any notices you send to us shall be given by means of BOTH our electronic support system located on our contact page AND by mail to: DOMINION GEMS, 4200 11th Avenue NW, Watertown SD 57201, or, in the case notices we send to you, to the email address or street address that you provided to us. Notice shall be deemed given 24 hours after an electronic message is sent, unless the sending party is notified that the message did not reach the recipient or, in the case of mailing, three (3) days after the date of mailing, or as otherwise provided by state or federal law if a different period is prescribed.
4. Electronic Execution. Your electronic acceptance of this Agreement on the web site on which it is displayed shall constitute your acceptance of all terms and conditions of this Agreement and such acceptance shall have the same legal force and effect as if you had physically signed such Agreement. You agree to the admissibility of computer records and electronic evidence in any dispute under this Agreement.
5. Independent Contractors. You and DOMINION GEMS DBA (Christopher Wentzell &William Pinna) are independent contractors. No agency relationship, partnership, joint venture, employer-employee relationship or franchisor-franchisee relationship is intended or created by this Agreement.
6. General Provisions. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to put into effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. The failure by either party to exercise or enforce any rights or provisions of this Agreement (including the Site Rules or other document incorporated by reference herein) shall not constitute a waiver of such right or provision. This Agreement, including any other applicable terms and conditions or rules that govern your use of individual Services, which are either incorporated herein by specific reference or posted on the Site from time to time, comprises the entire agreement between you and DOMINION GEMS DBA (CHRISTOPHER WENTZELL & WILLIAM PINNA) and supersedes all prior representations, agreements or statements between us, written or oral, regarding the subject matter contained herein (including any prior user agreement for the Site). All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this Agreement. The titles and headings contained in this Agreement are used for convenience only and are not intended to affect the meaning or interpretation of this Agreement. This Agreement is binding upon and inures to the benefit of the respective successors and assigns of the parties, but you may not assign this Agreement to any person or entity without our prior written consent, and any such assignments made without consent shall be null and void. This Agreement is solely for the benefit of DOMINION GEMS DBA (CHRISTOPHER WENTZELL & WILLIAM PINNA), its/their affiliates, and you, and shall not be construed for the benefit of any third party.
Miscellaneous Provisions, Notices, and Statements:
1. REPORTING VIOLATIONS OF THE TERMS OF USE- Please report any violations of these terms by contacting us.
2. HOMELAND SECURITY/ PATRIOT ACT REGULATIONS COMPLIANCE AND CONTACT OFFICIAL: DOMINION GEMS designated contact official for compliance with federal and state regulations is: Christopher Wentzell, 4200 11th Ave NW, Watertown SD 57201.
3. Ownership of Wentzell Trust/copyright. Many mineral and gem specimens depicted on the site belong to, and are the sole and separate property of, The Wentzell Revocable Gem Trust, and are not for sale, and said photos are the copyrighted property of The Wentzell Revocable Gem Trust and are reprinted here with permission. They are shown as representations of what Dominion Gems can acquire in similar circumstances. Such specimens and/or gems are NOT the property of Dominion Gems.
4. Ownership of Wentzell-Pinna Trust/copyright. Many treasures, artifacts, and relics depicted on the site belong to, and are the sole and separate property of, The WENTZELL REVOCABLE TRUST(s) and/or WENTZELL-PINNA Revocable Trust, and are not for sale, and said photos are the copyrighted property of The Wentzell Revocable Trust and/or Wentzell -Pinna Revocable Trust and are reprinted here with permission. They are shown as representations of what Dominion Gems can acquire in similar circumstances.
5. Ownership of Mining Claims. Mining claims, if any, offered for sale through this website, belong to the actual registered claimholder/owner and not DOMINION GEMS. In such cases, said claims are merely advertised through the website for the claim owner in which DOMINION GEMS receives a percentage of the sale prices of any claim advertised here and sold. For any claim advertised for sale, the owner's name and the BLM serial number is provided. The advertising or sale of a claim through Dominion Gems or this website does not make DOMINION GEMS a co-claimant nor does same give Dominion Gems any control or claimant rights to said claim/s whatsoever. Moreover, the mining claims belonging to any individual who also happens to be an owner of Dominion Gems, are the sole and separate property of the individual claimholder, not Dominion Gems. If DOMINION GEMS should own any mining claims, they will be registered under the names of the owners of Dominion Gems and the DBA, ie., " (NAME) and DBA DOMINION GEMS."
6. Name of Dominion Gems and non-affiliation. DOMINION GEMS is not the same as DOMINION EXPLORATION or DOMINION OPAL MINES, notice of which is hereby given. DOMINION EXPLORATION is owned by Christopher Wentzell, Craig Boyce, and Ron Keller; DOMINION OPAL MINES is owned exclusively by Alvin Wentzell Jr., while DOMINION GEMS is owned exclusively by CHRISTOPHER WENTZELL and WILLIAM PINNA. They are all separate legal entities with different owners.
7. Website Ownership. This website (www.dominiongems.com) is owned exclusively by CHRISTOPHER WENTZELL and leased to/run by DOMINION GEMS DBA.
TERMS OF USE ORIGINAL DATE: May 27, 2015.
LAST UPDATE OF THESE TERMS OF USE: SEPTEMBER 21, 2023.
DOMINION FINE MINERALS and DOMINION GEMS are filed, registered and current with the South Dakota Secretary of State as a Fictitious Name Business. CLICK THE ICONS BELOW TO SEE OUR CURRENT CERTIFICATES. You can search for (and verify) these records on the SD SOS website at this link: https://apps.sd.gov/st08bnrs/secure/ASPX/BNRS_Search.aspx .