GIA Hyperlink Agreement


GIA Hyperlink Agreement

Last Updated 12/27/08

You may provide a link to this website on another website, provided you agree to the Link conditions described below. By establishing a link to a GIA website you agree to these link conditions.

  1. that the link consists of a hypertext link or a link using the "To learn more about GIA" link button with image and text supplied by GIA;
  2. that you acknowledge that GIA may modify images and text at any time;
  3. that except for a limited, non-exclusive, non-transferable, royalty-free license to use the link button on your website solely for the purpose of providing a hyperlink to GIA's website, you acknowledge and agree that (i) GIA's trademarks, name and linking button, including, but not limited to, the familiar "GIA" mark and "GIA trio logo" (collectively, the "Marks"), GIA's website and its contents are and shall remain the sole property of GIA, (ii) nothing in these conditions shall give you any right of ownership in the Marks, link button or GIA's website; (iii) you shall not now or in the future contest the validity of the Marks; and (iv) you shall not take any action that would impair the value or goodwill associated with the Marks, link button or GIA's image or reputation; (v) you shall not use the link button in any way that might be misleading;
  4. that you will not use the link or link button to disparage GIA and its services;
  5. that the appearance, position and other aspects of the link button may not be such as to misrepresent your relationship with GIA, or present false or misleading impressions about GIA or its services;
  6. that the appearance, position and other aspects of the link button may not create the false appearance that you or any non-GIA entity or any non- GIA product or service is associated with, or endorsed, or sponsored by GIA;
  7. that the link, when activated by a user, must display this website full-screen and not with a "frame" on the linked website or with other techniques which alter the visual presentation or content of GIA's website, such as the imposition of browser windows or third party content;
  8. that the link button may only be used on your website, and not for any other purpose including, but not limited to promotion, advertising or publicity for your website;
  9. that the link button must be displayed adjacent to a reference to GIA or at the bottom of that same page;
  10. that you may not alter or change the link button in any way, including color, size, proportions, etc. or animate or change its perspective;
  11. that you may not deviate or edit any of the technical code that accompanies the button;
  12. that the linking website may not contain materials that may be interpreted as distasteful or offensive and should be appropriate for all age groups;
  13. that GIA has the right to terminate this Agreement with or without cause at any time, and may amend this Agreement without notice at any time;
  14. that you agree to defend, indemnify and hold GIA, its trustees, officers, employees and agents from and against any claims, demands, damages, causes of action, loss or judgments arising from your breach of this Agreement or your hyperlink to GIA's website.

YOU EXPRESSLY AGREE THAT THE USE OF GIA'S MATERIALS, MARKS, LINK BUTTON AND WEB SITE IS AT YOUR SOLE RISK. GIA DOES NOT WARRANT THAT ITS SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, GIA PROVIDES THIS ACCESS "AS IS" WITHOUT WARRANTY OF ANY KIND. GIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NONINFRINGEMENT. IN NO EVENT WILL GIA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT, LOSS OF DATA, LOSS OF BUSINESS OR OTHER LOSS ARISING OUT OF OR RESULTING FROM THIS AGREEMENT OR THE USE OF ANY OF THE MATERIALS, MARKS OR LINK BUTTON UNDER THIS AGREEMENT OR ACCESS TO ANY OF THE SERVICES DESCRIBED IN THIS AGREEMENT EVEN IF GIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY REGARDLESS OF THE NEGLIGENCE OF GIA AND REGARDLESS OF WHETHER SUCH LIABILITY IS FOUND IN CONTRACTS, NEGLIGENCE, TORT OR ANY THEORY OF LIABILITY.

GIA reserves the right to revoke its consent to the link at any time in its sole discretion by amending this Hyperlink Agreement.

You agree that any dispute arising out of or relating to these Terms or any content posted to the GIA website including copies and republication thereof, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of California, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving SAN DIEGO County, California as the legal forum for any such dispute.