The Site and the Services may be used by you to access the alumni directory, update your membership information, register for alumni events and meetings, and obtain exclusive alumni articles and news.
THE TERM “YOU” MEANS YOU AS THE SITE VISITOR, OR OTHER USER OF THE SITE OR SERVICES. If you have any questions about these Terms, you can reach us at the Legal Department at Legal@GIA.edu.
BY CLICKING THE “I ACCEPT” BUTTON OR BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND AGREE TO ALL THE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE, OR ANY INFORMATION CONTAINED ON THE SITE.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.
CHANGESGIA Alumni Association may make changes to the content and Services offered on the Site at any time, or GIA Alumni Association may choose to modify, suspend, or discontinue the Site. GIA Alumni Association may change, update, or add or remove provisions of these Terms (collectively “Updated Terms”) at any time by posting the Updated Terms to this Site, or, if you have registered for an account with GIA Alumni Association through the Site, by sending an email describing the modifications to these Terms to the email address that you provided during registration. By using this Site, including without limitation to communicate with other alumni or to register for events after GIA Alumni Association has posted the Updated Terms or provided notice of any such Updated Terms, you are agreeing to all the Updated Terms; if you do not agree with any of the Updated Terms, you must stop using the Site.
GENERAL USEBy using this Site or the Services, you represent, acknowledge, and agree that you are at least 16 years of age. If you are not yet 16 years of age, you may not use the Site at any time or in any manner or submit any information to GIA Alumni Association or the Site. If you are not yet 18 years of age, or the age of majority in the jurisdiction in which you live, you must have the permission of an adult to use this Site and agree to these Terms, and that adult must be a parent or guardian who is willing to be responsible for your use of the Site.
GIA Alumni Association provides content through the Site and the Services that is protected by copyright and/or trademarks (collectively, the “Materials”). Materials may include logos, graphics, video, images, software, and other content.
Subject to these Terms, and your compliance with these Terms, GIA Alumni Association hereby grants you a limited, personal, non-exclusive, and non-transferable license under GIA Alumni Association’s and its affiliates’ copyrights in the Materials to use the Materials and to use this Site, in each case solely for your personal benefit. Except for the foregoing license, you have no other rights or licenses in the Site or any Materials, and you may not modify, edit, copy, reproduce, create derivative works of, distribute, display, perform, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner. No rights or license are granted to you to use any trademarks of GIA Alumni Association or its affiliates.
If you breach any of these Terms, the above license will terminate automatically, at which time you must immediately (i) destroy any downloaded or printed Materials and (ii) cease using the Site.
ACCOUNT ACCESSYou may visit or browse the Site without registering for an account. However, in order to access certain areas of the Site, such as the alumni portal, or to receive certain Services from GIA Alumni Association, you must successfully register for an account with GIA Alumni Association through the Site.
In order to register for an account, you must submit the following information through the account registration page on this Site: (i) a working email address; (ii) first and last name, and (iii) country of residency. You must also set a password for your Site account (the “Password”). After submission of such required information to GIA Alumni Association, GIA Alumni Association will determine in its sole discretion whether to approve your account. You may be asked to change your Password from time to time. You are responsible for maintaining the confidentiality of your Password, and you are responsible for all activities that occur using your Password. You agree not to share your Password, let others access or use your Password, or do anything else that might jeopardize the security of your Password. You agree to immediately notify GIA Alumni Association in writing at firstname.lastname@example.org if your Password is lost or stolen, if you are aware of any unauthorized use of your Password on this Site, or if you know of any other breach of security in relation to this Site.
COMMUNICATIONSIf, in relation to the Site or Services, you receive email or text messages on your phone or mobile device, you may incur usage charges or other fees or costs in accordance with your wireless or data service plan. Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply to your use of the Services.
ONLINE PAYMENTSYou agree to pay all applicable fees related to your use of the Site, and the Services, as such fees are indicated on the Site, including without limitation fees for continuing education seminars or for participating in Alumni events. Online payments for continuing education seminars, Alumni meetings, and events sponsored by GIA Alumni Association are processed by GIA’s third-party payment processor. Once you complete an initial payment form you will be taken to the third-party payment processor site to complete your transaction. Online payments for events sponsored by third parties, including without limitation events sponsored by Gemological Institute of America, Inc. or other GIA Alumni Association affiliates, and requiring the payment of a fee in order to attend such event will be collected and processed by the third party indicated at the time of registration for such event. We may suspend or terminate your account and/or access to the Services, or a portion of the Services, and this Site if your payment is late or your offered payment method (e.g., credit card or PayPal account) cannot be processed. By providing a payment method, you expressly authorize GIA Alumni Association to charge the applicable fees on such payment method, as well as taxes and other charges incurred in connection with the Services selected by you.
PRIVACY NOTICEYou acknowledge receipt of the GIA Alumni Association, LLC Privacy Notice, which describes our policies and practices regarding our processing, including collection, use, and handling, of your personal data in connection with your use of the Site or relationship with GIA Alumni Association, LLC.
UNAUTHORIZED ACTIVITIESWhen using this Site and/or the Services, you agree not to:
- Violate any international, federal, state, or local law, rule, regulation, ordinance, or order.
- Infringe or violate the intellectual property or proprietary rights of others.
- Invade the privacy of or violate the privacy rights of others.
- Impersonate any other person or entity or falsely state or otherwise misrepresent your identity, age, or affiliation with any other person or entity.
- Engage in fraud, identity theft, or any other deceptive activity or unlawful conduct.
- Mirror or frame the Site or any individual element within the Site.
- Attempt to access, search, scrape, download, or copy the Site, the Services, or any software, content, or data of either, through the use of any engine, software, tool, agent, device, or mechanism other than the software and/or search agents provided by GIA Alumni Association or other generally available browsers.
- Access, attempt to gain access to, or use non-public areas of the Site, servers, or databases.
- Probe, scan, or test the vulnerability of the Site or the Services.
- Avoid, bypass, impair, circumvent, or otherwise breach or attempt to breach any security or authentication measures of the Site or the Services.
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site or the Services.
- Interfere with or disrupt the Site or the Services, or servers or networks connected to the Site or the Services.
- Engage in excessive usage of the Site or the Services, as determined by GIA Alumni Association in its sole discretion, including usage that adversely affects the speed, responsiveness, or functionality of the Site, or disrupts the availability of the Site or the Services for other applicants.
Unauthorized use of any Materials contained on this Site may violate certain laws and regulations.
You agree to indemnify and hold GIA Alumni Association and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) GIA Alumni Association or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding any claim or demand from a third party that your use of this Site or the use of this Site by any person using your username and/or password violates any applicable law or regulation, these Terms, or the copyrights, trademark rights, or other rights of any third party.
PROPRIETARY RIGHTSUnless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images, and icons, as well as the arrangement thereof, are the sole property of GIA Alumni Association or its affiliates, Copyright © 2020 Gemological Institute of America, Inc. or © 2020 GIA Alumni Association, LLC, as applicable. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Intellectual Property InfringementGIA ALUMNI ASSOCIATION respects the intellectual property rights of others, and we ask you to do the same. GIA ALUMNI ASSOCIATION may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide GIA ALUMNI ASSOCIATION’s designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit GIA ALUMNI ASSOCIATION to locate the material.
- Information reasonably sufficient to permit GIA ALUMNI ASSOCIATION to contact you as the complaining party, such as an address, telephone number, and, if available, an Email address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Attn: GIA Legal AFFAIRS DEPARTMENT
The Robert Mouawad Campus
5345 Armada Drive
Carlsbad, CA 92008
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a DMCA Counter-Notification:
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to GIA ALUMNI ASSOCIATION’S designated agent that includes all of the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address, telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which GIA ALUMNI ASSOCIATION may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
GIA ALUMNI ASSOCIATION reserves the right, in its sole discretion, to terminate the account or access of any user of our site and/or THE serviceS who is the subject OF repeated DMCA or other infringement notifications.
DISCLAIMER OF WARRANTIESTHIS SITE, THE MATERIALS, AND THE SERVICES ARE PROVIDED “AS IS" AND "WITH ALL FAULTS," AND YOUR USE OF THIS SITE, MATERIALS, AND/OR THE SERVICES IS AT YOUR OWN RISK. GIA ALUMNI ASSOCIATION DOES NOT WARRANT THE ACCURACY, QUALITY, SECURITY, SUITABILITY, REASONABLE CARE, TIMELINESS, AVAILABILITY, TRUTHFULNESS, OR COMPLETENESS OF THE MATERIALS OR SERVICES ON THIS SITE. THE MATERIALS HAVE NOT BEEN VERIFIED OR AUTHENTICATED IN WHOLE OR IN PART BY GIA ALUMNI ASSOCIATION, AND THEY MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL OR OTHER ERRORS. GIA ALUMNI ASSOCIATION HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE MATERIALS, WHETHER PROVIDED BY GIA ALUMNI ASSOCIATION, OUR LICENSORS OR SUPPLIERS, OR OTHER USERS.
GIA ALUMNI ASSOCIATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, OR STATUTORY) WITH RESPECT TO THIS SITE, THE INFORMATION, MATERIALS, OR SERVICES, WHICH INCLUDES BUT IS NOT LIMITED TO ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
Without limiting the generality of the foregoing, GIA Alumni Association makes no warranty that this Site will meet your requirements or that this Site will be uninterrupted, timely, secure, or error-free, or that defects in this Site will be corrected. GIA Alumni Association makes no warranty as to the results that may be obtained from the use of this Site or as to the accuracy or reliability of any information obtained through this Site. No advice or information, whether oral or written, obtained by you through this Site or from GIA Alumni Association shall create any warranty.
LIMITATION OF LIABILITYTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GIA ALUMNI ASSOCIATION SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SITE, THE SERVICES, OR THE MATERIALS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIA ALUMNI ASSOCIATION BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE, HOWEVER ARISING, EVEN IF GIA ALUMNI ASSOCIATION KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GIA ALUMNI ASSOCIATION’S LIABILITY TO YOU EXCEED FIFTY DOLLARS (USD $50), EVEN IN THE EVENT OF A FAILURE OF THE ESSENTIAL PURPOSE OR ANY LIMITED REMEDY UNDER THESE TERMS.
THE TERMS SET FORTH ABOVE SHALL NOT APPLY TO LIMIT GIA ALUMNI ASSOCIATION’S LIABILITY FOR FRAUD, WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, INJURY TO PERSON OR DAMAGE TO PROPERTY, OR ANY OTHER LIABILITY THAT APPLICABLE LAW DOES NOT PERMIT TO BE LIMITED.
FEEDBACKIf you send or transmit any communications, comments, questions, suggestions, or related materials to GIA Alumni Association, whether by letter, email, telephone, or otherwise, including through the “chat” function on the Site (collectively, “Feedback”), suggesting or recommending changes to the Site, any Services offered through the Site or Materials, including without limitation new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and GIA Alumni Association is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that GIA Alumni Association is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
GOVERNING LAW; VENUEThe laws of the State of California will govern these Terms, without giving effect to conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. Any disputes relating to these Terms, the Services, or the Site will be heard in the State or Federal courts located in San Diego County in the State of California, and such courts will be the sole and exclusive venue for resolving disputes related to these Terms, the Services, or the Site. You hereby consent to the jurisdiction of such courts.
GENERALGIA Alumni Association prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by GIA Alumni Association, may result in immediate termination of your access to this Site without prior notice to you.
If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. GIA Alumni Association’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and GIA Alumni Association regarding the use of the Site, the Services, or the Materials, and supersede all prior or contemporaneous negotiations, discussions, or agreements between you and GIA Alumni Association about this Site, the Services, or the Materials. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and general provisions shall survive any termination of these Terms.