Retailer Lookup Terms of Use
4Cs App Retailer Terms of Use
New sentence: By clicking on the "I Agree" button and/or otherwise providing information to the Gemological Institute of America ("GIA") in connection with the Retailer Lookup Program (as defined below) related to GIA’s "4Cs" mobile software application (the "Application"), you represent, warrant and covenant that: (1) you are the owner or a person who has authority to bind the owner (herein referred to as the "Retailer") of a store that carries diamonds that have been graded by GIA and/or has staff that hold a GIA certificate or diploma (and qualify as GIA alumni) that can be validated via GIA Education Records Department (herein referred to as the "Approved Store"), (2) you have read and are agreeing on behalf of the Retailer that the Retailer is a party to this Agreement and shall be bound by all the following terms and conditions ("Agreement") and (3) you are eighteen years of age or older. IF RETAILER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT CLICK THE "I ACCEPT" BOX AND DO NOT PROVIDE ANY INFORMATION OF THE RETAILER TO GIA. THE "EFFECTIVE DATE" FOR THIS AGREEMENT SHALL BE THE DAY THAT YOU CHECK THE "I ACCEPT" BOX.
1. The Retailer is voluntarily agreeing to: (i) provide the information requested in the Retailer Lookup Program (as defined herein) sign-up form about the Retailer and the location of the Retailer’s Approved Store (collectively, "Retailer Information") and (ii) permit GIA to use the Retailer Information to enhance the Application by providing end users of the Application with certain geo-locator functionality that allows such end users to locate Approved Stores, including, without limitation, the Retailer’s Approved Store. Any personally identifiable information that is required to be provided to GIA in order to sign-up to participate in this Retailer Information program ("Retailer Lookup Program") shall be collected, used and disclosed by GIA in accordance with GIA’s then-current privacy policy located at: http://www.gia.edu/terms-of-use
2. In consideration for the potential promotional benefits afforded to the Retailer by its participation in the Retailer Lookup Program, the Retailer hereby grants GIA permission to use the Retailer Information, in whole or in part, or on any GIA-owned or -operated website (including, without limitation, retailer.gia.edu or any successor URL) and in any version of the Application (including, without limitation, versions built on the Apple and Android operating systems). The foregoing grant includes the non-exclusive, perpetual and irrevocable right for GIA, and its successors, assigns and sublicensees, to use, modify, reproduce, distribute, transmit, publically display, publically perform, publish, transfer or dispose of the Retailer Information, or any part thereof, and sublicense all such rights, worldwide, without limitation, alone or in combination with other works. The Retailer represents, warrants and covenants that GIA’s exercising the foregoing rights will not violate the rights of any person or entity and will not cause GIA, or any of its successors, assigns or licensees, to incur any liability for payment to any person or entity.
3. You agree to notify GIA in writing of any updates to the Retailer Information and/or any changes in the status of Retailer’s business as an Approved Store. At GIA’s sole and exclusive discretion, GIA reserves the right to terminate this Agreement and remove the Retailer’s listing in the Retailer Lookup Program at any time, for any reason, with or without notice.
4. The Retailer takes full responsibility for the accuracy, timeliness and adequacy of any and all information provided or otherwise made available by the Retailer to GIA, any of GIA’s affiliates or any end user of the Application. In making the Application available to end users and/or including a reference or listing in the Retailer Lookup Program to the Retailer (including, without limitation, to the Retailer’s trade name, domain name, trademark, trade identity, service mark, logo, or otherwise) does not constitute or imply GIA’s endorsement or recommendation of the Retailer or the Retailer’s Approved Store, including, without limitation, any product descriptions, advertisements, views, recommendations and/or statements about the Retailer’ precise inventory and the quantity, size and quality of its inventory.The Retailer’s dealings and communications with any third party, including, without limitation, any end user of the Application, are solely between the Retailer and such third party. GIA expressly disclaims any obligation to indemnify, defend or hold the Retailer or any of its affiliates or its of their parents, directors, officers, employees, agents, contractors or customers harmless from any claims arising out of related to this Agreement or the Retailer’s voluntary participation in the Retailer Lookup Program.
5. GIA WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY ERRORS OR OMISSIONS IN THE RETAILER INFORMATION OR ANY DEALINGS OR COMMUNICATIONS BETWEEN THE RETAILER AND ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY END USER OF THE APPLICATION, OR FOR ANY HARM, DAMAGES OR LOSSES RELATED TO, CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE RETAILER’S VOLUNTARY PARTICIPATION IN THE RETAILER LOOKUP PROGRAM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIA BE LIABLE FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE), HOWEVER ARISING, EVEN IF GIA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
6. IN NO EVENT WILL GIA’S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS (US$100). THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
7. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreements or communications, oral or written, concerning the subject matter of this Agreement. This Agreement is governed by the laws of the State of California, without respect to its conflict of laws principles. The rights and obligations of the parties under this Agreement may not be assigned or delegated by Licensee without the prior written consent of GIA, which shall not be unreasonably withheld. GIA may assign or sublicense this Agreement or any of its rights hereunder without the Retailer’s prior written consent, and this Agreement shall be binding upon the Retailer’s legal representatives, assigns, transferees, and successors in interest. This Agreement may amended by GIA at any time by posting notice of the updated terms on GIA’s website located at retailer.gia.edu and a copy of the updated terms will be posted at the following URL: http://www.gia.edu/terms-of-use
