Understanding your rights and responsibilities as a GIA user
GIA may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You.
Users who violate these Terms may have their access and use of the GIA Sites suspended or terminated, at GIA’s discretion.
You must be 18 years of age or older to visit or use GIA Sites in any manner, and, if under the age of 18 or the age of majority as defined in Your jurisdiction, may only use any GIA Site under the supervision of a parent, legal guardian, or other responsible adult.
Information presented on this site is for use on this site only under the terms herein and may not be copied, reproduced or transferred to any other site or medium without the express, written consent of GIA.
1. Use of the GIA Content.GIA authorizes You, subject to these Terms, to access and use the GIA Sites and the GIA Content (as defined below) and to download and print a single copy of the content available on or from the GIA Sites solely for Your personal, non-commercial use. The contents of the GIA Sites, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other GIA content (collectively, "GIA Content"), are protected under copyright, trademark and other laws. All GIA Content is the property of GIA or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content on the GIA Sites is the exclusive property of GIA and is protected by copyright, trademark, and other laws. Unauthorized use of the GIA Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original GIA Content on any authorized copy You make of the GIA Content.
You agree not to sell or modify the GIA Content or reproduce, display, publicly perform, distribute, or otherwise use the GIA Content in any way for any public or commercial purpose, in connection with products or services that are not those of the GIA Sites, in any other manner that is likely to cause confusion among consumers, that disparages or discredits GIA or its licensors, that dilutes the strength of GIA's or its licensor’s property, or that otherwise infringes GIA's or its licensor’s intellectual property rights.
You further agree to in no other way misuse GIA Content. The use of the GIA Content on any other application, web site or in a networked computer environment for any purpose is prohibited.
2. Use of the GIA Services.The job posting, resume database (“GIA Resume Database”) and other features of the GIA Sites may be used only by individuals seeking employment and/or career information and by employers seeking employees.
You are responsible for maintaining the confidentiality of Your account, Profile and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your GIA Site registrations and passwords, whether or not authorized by You. You agree to immediately notify GIA of any unauthorized use of Your account, Profile, or passwords.
You may not post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating media;
You may not post any resume or Profile or apply for any job on behalf of another party;
3. Additional Terms Applicable to Employers.Employers are solely responsible for their postings on GIA Sites. GIA is not to be considered to be an employer with respect to Your use of any GIA Site and GIA shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any GIA Site.
Only jobs related to the gem and jewelry industry may be posted on this site. Job postings must not contain inaccurate, false, or misleading information
You may not use Your GIA job posting, GIA Networking, or Profiles to:
(a) post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
(b) sell, promote or advertise products or services;
(c) promote any opportunity that does not represent bona fide employment which is generally indicated by the employer’s use use of official job forms from the applicable government agency (for example IRS forms W-2 or 1099 in the United States);
GIA reserves the right to remove any job posting or content from any GIA Site, which in the reasonable exercise of GIA’s discretion, does not comply with the above Terms, or if any content is posted that GIA believes is not in the best interest of GIA or that could reasonably be in violation of US or other applicable government sanctions.
If at any time during Your use of the GIA Services, You made a misrepresentation of fact to GIA or otherwise misled GIA in regards to the nature of Your business activities, GIA will have grounds to terminate Your use of the GIA Services.
GIA reserves its right to terminate the services of this Site for any individual or business for any reason (or no reason at all) at any time, with or without notice.
Resume DatabaseUse of the GIA Resume Book by Employers
You shall use the GIA Resume Database as provided in these Terms. You shall use the GIA Resume Database in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the data from GIA Resume Database to any third party, unless You are an authorized recruitment agency, staffing agency, advertising or other agency or using the resume explicitly for employment purposes.
You shall take appropriate physical, technical, and administrative measures to protect the data You have obtained from GIA Resume Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share Resume Database seat-based license login credentials with any other party, nor share Resume Database pay-per-view license login credentials with any party.
The GIA Resume Database shall not be used:
(a) for any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders;
(b) to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or
(c) to source candidates or to contact job seekers or resume holders in regards to career fairs and business opportunities prohibited by Section 3.
In order to ensure a safe and effective experience for all of our customers, GIA reserves the right to limit the amount of data (including resume views) that may be accessed by You in any given time period. These limits may be amended in GIA’s sole discretion from time to time.
4. Additional terms applicable to Job Seekers.When You register with any GIA Site, You will be asked to create an account and provide GIA with certain information including, without limitation, a valid email address (Your "Information").
You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the GIA Sites.
GIA reserves the right to mark information as inactive after a significant duration of inactivity.
GIA does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does GIA endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at Your own risk.
The following is a partial list of User Content that is prohibited on the Application. The list below is for illustration only and is not a complete list of all prohibited User Content.
• is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
• harasses, incites harassment or advocates harassment of any group or individual;
• involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing, “spamming” or “phishing”;
• promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
• contains restricted or password only access pages, or hidden pages or images;
• displays or links to pornographic, indecent or sexually explicit material of any kind;
• provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
• provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; and
• solicits passwords or personal identifying information from other Users.
Any Profile You submit must describe You, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not You.
You may not include, in any User Content submitted to GIA Networking, information that may be interpreted as a direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis. In order to protect our GIA Community Users from commercial advertising or solicitation, GIA reserves the right to restrict the number of e-mails or other messages which a User may send to other Users to a number which GIA deems appropriate in its sole discretion.
5. GIA's Liability.The GIA Sites act as, among other things, venues for (i) employers to post job opportunities and search for and evaluate job candidates and (ii) candidates to post resumes and Profiles and search for and evaluate job opportunities. GIA does not screen or censor the listings, including Profiles offered. GIA is not involved in, and does not control, the actual transaction between employers and candidates. As a result, GIA is not responsible for User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and GIA makes no representations about any jobs, resumes or User Content on the GIA Sites. While GIA reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the GIA Sites from time to time, GIA does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through the GIA Sites. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the GIA Sites.
Because User authentication on the Internet is difficult, GIA cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any GIA Site, in the event that You have a dispute with one or more Users, You release GIA (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) 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 to the fullest extent permitted by law.
The GIA Sites and the GIA Content may contain inaccuracies or typographical errors. GIA makes no representations about the accuracy, reliability, completeness, or timeliness of any GIA Site or the GIA Content. The use of all GIA Sites and the GIA Content is at Your own risk. Changes are periodically made to GIA Sites and may be made at any time. GIA cannot guarantee and does not promise any specific results from use of any GIA Site. No advice or information, whether oral or written, obtained by a User from GIA or through or from any GIA Site shall create any warranty not expressly stated herein.
6. Disclaimer of Warranty.TO THE FULLEST EXTENT POSSIBLE BY LAW, GIA DOES NOT WARRANT THAT ANY GIA SITE OR ANY GIA SERVICES WILL OPERATE ERROR-FREE OR THAT ANY GIA SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY GIA SITE OR THE GIA CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, GIA IS NOT RESPONSIBLE FOR THOSE COSTS. THE GIA SITES AND GIA CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. GIA, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. GIA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE GIA CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
7. Disclaimer of Consequential Damages.TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL GIA, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY GIA SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY GIA SITE AND THE GIA CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GIA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Limitation of Liability.TO THE FULLEST EXTENT POSSIBLE BY LAW, GIA'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY GIA SITE OR YOUR USE OF THE GIA CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
9. Links to Other Sites.The GIA Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by GIA of the contents on such third-party Web sites. GIA is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at Your own risk.
You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any GIA Site.
10. No Resale or Unauthorized Commercial Use.
11. Indemnity.You agree to defend, indemnify, and hold harmless GIA, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any GIA Site, (ii) Your use of any GIA Content, or (iii) Your breach of these Terms. GIA shall provide notice to You promptly of any such claim, suit, or proceeding.
12. General.GIA makes no claims or representations that the GIA Content may be lawfully viewed or accessed outside of the United States. Access to the GIA Content may not be legal by certain persons or in certain countries. If You access any GIA Site You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.
These Terms are governed by the internal substantive laws of the State of California without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within San Diego, California. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, GIA’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect GIA’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of the GIA Sites, a particular "Legal Notice," or software license or material on particular pages on the GIA Sites, these Terms constitute the entire agreement between You and GIA with respect to the use of the GIA Sites. No changes to these Terms shall be made except by a revised posting on this page.