TERMS AND CONDITIONS OF WEBSITE USE
Your access and use of the website located at www.gemscience.net, including, without limitation, the GSI Stock Exchange platform, and the Gemological Education and Professional Development materials it contains (the “Website”) for any purpose are subject to the following terms and conditions (“Terms and Conditions”) and our Privacy Policy posted on the Website (the “Privacy Policy”). If you do not agree to these Terms and Conditions or the Privacy Policy, you are not authorized to visit the Website and must exit the Website now. Please read the Terms and Conditions and Privacy Policy carefully. By accessing or using the Website, you agree to the Terms and Conditions and the Privacy Policy. By ordering any GSI services through the Website, you agree, in addition to the GSI Client Service Agreement, which is available by clicking Here and is incorporated by reference in these Terms and Conditions. If you breach any of the Terms and Conditions, your authorization to use the Website automatically terminates.
We reserve the right to change these Terms and Conditions without notice by posting revised Terms and Conditions on the Website. Changes will be effective when posted. Your use of the Website is subject to the most current version of the Terms and Conditions posted on the Website at the time of such use and constitutes your acceptance of the Terms and Conditions as changed. You should check for revisions of the Terms and Conditions each time you access the Website. You can determine whether the Terms and Conditions have changed by referring to the “Last Revised” date shown at the top of the Terms and Conditions. GSI may terminate, change, suspend or discontinue any aspect of the Website at any time without notice or liability. This Website is maintained by one or more entities throughout the world that does business as Gemological Science International (“GSI”). Such entities are Gem Experience, LLC and GSI Gemological Group Inc in the United States, Gemological Science International Pvt Ltd in India, G.W, Gemological Science Israel Ltd in Israel, Gemological Science International PanAsia DMCC in UAE, Gemscience Holdings’(UK), Gemological Science International BVBA in Belgium, Gemological Science International HK Ltd, Gemological science international Botswana, all of which are included within the definition of “GSI” in these Terms and Conditions.
Copyright
GSI owns or licenses all content on this Website, including, without limitation, text, graphics, logos, button icons, images, audio or video content, data compilations and software, as well as their selection and arrangement. Such content is protected by copyright, trademark law or other intellectual property laws, including laws of the United States and other countries, treaties and international conventions. Any unauthorized use of the content on this Website may violate such laws. GSI Gemological Essentials, LGD Essentials are copyrighted by GSI.
GSI does not grant any express or implied right or license under any copyright or other intellectual property laws in any material or content on the Website, except as authorized in these Terms and Conditions. You may print and store copies of material on the Website for your own personal, non-commercial use, or, with respect to material posted in the GSI Stock Exchange platform, for your business use. You may not charge anyone for use of such printed material, and you may not publish or otherwise distribute the material to others, including, without limitation, over any network, including a local area network. You may not use any Website content to construct any kind of database. You may not modify the material in any way without the prior written consent of GSI or the copyright owner.
You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any content on this Website and you may not distribute any part of this content over any network, including a local area network, sell or offer it for sale, or use such content to construct any kind of database. Any use of the content on this Website on any other website or networked computer environment for any purpose is prohibited.
GSI is committed to respecting other parties’ intellectual property rights, and we ask our users to do the same. GSI may, in its sole discretion, terminate the accounts or access rights of users who violate our intellectual property rights, or any other party’s intellectual property rights.
Trademarks
Our trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Website, including GSI logo, GSI, Gemological Science International, Gem Experience, Assurance by GSI, Inventory Integrity, FDX, MDX, SDX, CDX, LGX, MGX, Beauty Within, VirtualVault and GSI Stock Exchange, are trademarks of GSI in the U.S. and other countries. You may not use any of our trademarks or service marks without our prior written permission. Elements of the Website, including, without limitation, the “look” and “feel” of the Website, are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of GSI or any third party that owns trademarks that are displayed on the Website. Your misuse of the Trademarks displayed on the Website, or any other content on the Website is strictly prohibited. GSI will aggressively fully enforce its intellectual property rights of the law. If you have questions concerning intellectual property rights in materials on the Website, you may email us at info@gemscience.net.
Non-Confidential Communication
All information, ideas, suggestions or other communications you transmit to GSI concerning the materials on the Website, the services offered on the Website or other services or materials, shall be on a non-confidential basis and shall become the property of GSI. GSI and its affiliates shall be free to reproduce, use, disclose or distribute such communications without limitation, compensation to you or other obligation.
The GSI Stock Exchange Platform
The GSI Stock Exchange is a limited access platform within the Website for use only by users authorized by GSI who have registered to participate. The GSI Stock Exchange allows authorized users to post information about GSI graded or examined diamonds and other gemstones they have in inventory or GSI graded or examined diamonds and other gemstones they would like to acquire. Use of the GSI Stock Exchange platform for any other purpose, including, without limitation, posting information about non-GSI graded or examined diamonds or other gemstones or any other advertising or commercial messages of any kind, is unauthorized and GSI reserves the right to remove any unauthorized posts. You are not authorized to post any false or misleading information on the GSI Stock Exchange, including, without limitation, information concerning any diamond or gemstone, its status as GSI-graded or examined, or its qualities or attributes. All posts must include the unique GSI identification number(s) for the diamonds or gemstones referred to in the post.
No purchases, sales or financial transactions of any kind may be conducted or discussed through the GSI Stock Exchange or the Website. Any purchases or sales must be arranged directly between the parties involved with no GSI or Website involvement of any kind.
GSI provides the GSI Stock Exchange as a service to its users and does not receive any fees or commission of any kind in connection with providing this service.
By using the GSI Stock Exchange platform you acknowledge and agree that GSI is not responsible for, and has no liability with respect to, the accuracy of information concerning diamonds or gemstones that users post. You further acknowledge your understanding that GSI takes no steps to verify the accuracy of any information that users post on the GSI Stock Exchange and that you are responsible for conducting any necessary due diligence in connection with any purchases, sales or other transactions concerning diamonds or gemstones users list on the GSI Stock Exchange.
Violation of any of the above terms and conditions constitutes grounds for GSI to terminate your authorization to use the GSI Stock Exchange.
GSI Services
A limited access area of the Website offers you the opportunity to order certain GSI services through the Website. If you have been granted access to this area, your ordering of services constitutes your acceptance, and agreement to the terms, of the GSI Client Service Agreement (the “Services Agreement”) Click Here to see a copy of the Services Agreement. You should review the Services Agreement before ordering services through the website as the terms will apply to your order. If you have not been granted access to this area of the Website, you are not authorized to order GSI services through the Website and you may not do so.
No Warranty
GSI assumes no responsibility for the accuracy of the information contained on the Website, including, without limitation, any information others post on the GSI Stock Exchange platform portion of the website. Any portion of the content on the Website may contain inaccuracies or typographical errors. Content on the Website is provided “as is” and does not constitute a warranty of any kind, either express or implied. This includes implied warranties of merchantability, fitness for a particular purpose and non-infringement. It also includes any express or implied warranties arising from any course of dealing, usage or trade practice.
Acceptable Use of the Website
The Website and the services offered through the Website are intended to be used by persons seeking information concerning GSI’s services and products. The Website may be used only for lawful purposes consistent with the foregoing. It is your responsibility to ensure that your use of the Website complies with these Terms and Conditions of Use. As one of the conditions of your use of the Website, you represent, warrant and agree, as the case may be, to GSI that:
(a) you will not use (or encourage or help others to use) the Website for any purpose or in any manner that is prohibited by these Terms and Conditions of Use or by applicable law.
(b) you will not upload, post or transmit to or distribute or otherwise publish through the Website any materials that:
(i) restrict or inhibit any individual who uses any aspect of the Website or its services (a “User”) from using and enjoying the Website.
(ii) are unlawful, threatening, hateful, abusive, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent or endorse or advocate illegal or immoral activity, or violate the rights of any third party.
(iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, statute, ordinance or regulation.
(iv) violate, plagiarize or infringe the rights of third parties, including, without limitation, copyright, trademark, trade secret, patent, rights of privacy or publicity or any other proprietary right.
(v) contain a virus, worm, Trojan horse, malicious code or any other destructive feature, regardless of whether you intend any damage to the Website and/or its content.
(vi) except as expressly permitted by these terms and conditions, contain any information, software or other material of a commercial nature.
(vii) except as expressly permitted by these terms and conditions, contain advertising of any kind.
(viii) impersonate another person, living or dead.
(ix) contain chain letters, pyramid schemes or like documents.
(x) except as expressly permitted by these terms and conditions, contain any commercial notices.
(xi) contain any information that is presented in any manner or for any purpose other than that which is within the Website’s intended and acceptable use; or
(xii) constitute or contain false or misleading information, indications of origin or statements of fact, including, but not limited to, the use of a false name.
(c) you will not upload, post or transmit to or distribute or otherwise publish through the Website any materials anonymously or under a false name.
(d) you will always represent yourself accurately and truthfully.
(e) you grant GSI the right to verify independently by any lawful means any information that you transmit to GSI through, or post on, the Website, including, but not limited to, information about yourself, provided, however, that GSI shall have no obligation to verify any information and expressly does not undertake to do so.
(f) you will not modify, alter, adapt, translate, create derivative works from, reverse engineer, disassemble, decompile or decode the Website, or any element of it for any reason, except as expressly permitted by applicable law.
(g) you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Website or its content, or any substantial part thereof, without GSI’s express prior written consent; and
(h) you will report inappropriate conduct to GSI.
You acknowledge that GSI has the right to create different classes of Website users, granting access to certain areas of the Website only to certain users, e.g., users of the GSI Stock Exchange platform.
Use and Protection of Username and Password
If you establish, or are issued, a username and password for the purpose of using the Website or gaining access to restricted areas of the Website, you are responsible for maintaining the confidentiality of your username and password and for restricting access to your computer. You are no longer authorized to use, and you may not use, the username and password if, at any time, you are no longer authorized to have access to any restricted areas of the Website, or if the conditions which entitle you to access cease to exist. You are responsible for all uses of your username and password whether or not you have expressly or impliedly authorized such use. GSI is entitled to rely on your compliance with the foregoing, and to assume that any person accessing the Website or restricted areas thereof using your username and/or password is you or is authorized by you to enter into agreements or make warranties or representations on your behalf.
Use of Software
Any software that is available on the Website (“Software”) is owned or licensed by GSI and GSI or its licensors own the copyrights thereto. Copying or reproducing the Software to any other server or location for further reproduction or redistribution is prohibited, unless such reproduction or redistribution is permitted by a license agreement accompanying such Software. You may not create derivative works of the Software or attempt to decompile or reverse-engineer the Software unless otherwise permitted by law. Use of the Software is subject to the license terms of any license agreement that may accompany or is provided with the Software.
U.S. Government Restricted Rights
Any software available on the Website and accompanying documentation that is downloaded from our server for or on behalf of the United States of America, its agencies or instrumentalities is provided with Restricted Rights. You agree to meet all requirements necessary to ensure that the Federal Government will honor such rights. Disclosure, use or reproduction of the Software and accompanying documentation is subject to restrictions set forth at Federal Acquisition Regulation 52.227-14, when applicable, or in the Department of Defense Federal Acquisition Regulations Supplement 252.227-7013.
Links to Other Websites
This website may contain links to third-party websites. Links to other websites are provided solely as a convenience to you. GSI does not endorse such websites and is not responsible for their content. If you decide to access any of the sites linked to the Website, you do so entirely at your own risk. In addition, any information that you submit to linked third-party websites will be covered by that website’s privacy policy and not by GSI’s privacy policy.
Site Information and Disclaimer
SITE INFORMATION REGARDING OUR PRODUCTS AND SERVICES, AND EDUCATIONAL MATERIALS, INCLUDING THEIR AVAILABILITY, APPEARANCE, PRICE AND SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. SUCH INFORMATION SHALL NOT CONSTITUTE A REPRESENTATION, WARRANTY OR OTHER COMMITMENT BY GSI WITH RESPECT TO ANY PRODUCT OR SERVICE AND GSI HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, SUITABILITY FOR ANY PURPOSE OR COMPLETENESS THEREOF.
The Website may contain forward-looking statements and information relating to GSI that are based on our beliefs as well as assumptions made by and information currently available to us. The words “anticipate,” “believe,” “estimate,” “expect,” “intend,” “will,” and similar expressions, as they relate to us, are intended to identify forward-looking statements. Actual results could differ materially from those projected in such forward-looking statements.
We may change the information on the Website at any time without notice.
Copyright Infringement Notice
If you believe that any material on the Website infringes a copyright that you own or are authorized to represent, please provide GSI with a written notice (e-mail is sufficient) that includes the following information: (a) electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) a description of where the material that you claim is infringing is located on the Website; (d) your address, telephone number, and e-mail address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The above notice should be provided to GSI’s copyright agent for notice of claims of copyright infringement on the Website, as registered with the United States Copyright Office, by sending the notice by email to copyright@gemscience.net.
Privacy Policy
GSI will only use and disclose personal information about you in accordance with its then current privacy policy, available on the Website, which is incorporated herein by reference.
Security Rules
You are prohibited from taking any actions that will violate or attempt to violate the security of the Website, including, without limitation (a) accessing data not intended for your use or logging into a server or 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, by means of submitting a virus, worm or Trojan horse to, overloading, “flooding”, “mailbombing” or “crashing” the Website; or (d) sending unsolicited e-mail (other than email to us regarding the Website or GSI’s services) promoting and/or advertising products or services (all of the foregoing, the “Security Rules”). Attempts to violate, or violations of, system or network security or the Security Rules may result in civil or criminal liability. GSI will investigate occurrences that may involve any such attempts or violations, may report them to law enforcement agencies, and may cooperate with law enforcement agencies in prosecuting users who are involved in such violations or attempted violations.
Limitation of Liability
IN NO EVENT SHALL GSI, ITS PARENT COMPANIES, AFFILIATES OR SUBSIDIARIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, ATTORNEYS, SUPPLIERS OR, LICENSORS, BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE. THIS INCLUDES THE LOSS OF DATA OR LOSS OF PROFIT, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Warranty and Liability
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS OF USE, THE WEBSITE AND ITS CONTENT IS PROVIDED ON AN ‘AS IS,’ ‘WHEN AVAILABLE’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. GSI, ITS AFFILIATES, PARENTS AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, ATTORNEYS, SUPPLIERS OR LICENSORS TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, FITNESS FOR PARTICULAR PURPOSE, QUALITY, ACCURACY, QUIET ENJOYMENT OR WEBSITE AVAILABILITY. WITHOUT LIMITING THE FOREGOING, GSI MAKES NO WARRANTY THAT THE SERVICES OFFERED ON THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT ARE NOT PERMITTED TO BE EXCLUDED ARE LIMITED TO NINETY (90) DAYS OR SUCH LONGER PERIOD AS APPLICABLE LAW REQUIRES.
WEBSITE CONTENT MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS AND GSI SHALL NOT BE BOUND THEREBY. GSI MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEBSITE OR ITS CONTENT. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE, AND YOU AGREE TO USE THE WEBSITE AT YOUR OWN RISK. GSI MAY CHANGE THE WEBSITE AT ANY TIME AND RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITE.
GSI DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES, WORMS, TROJAN HORSES, MALICIOUS CODE OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE CONTENTS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, GSI IS NOT RESPONSIBLE FOR THOSE COSTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND THE INTERNET GENERALLY.
IN NO EVENT SHALL GSI BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE WEBSITE, ITS CONTENT AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE ABOVE PARAGRAPH MAY NOT APPLY TO YOU. IF THE LIMITATIONS SET FORTH ABOVE ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN GSI’S MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $1,000.00 OR SUCH LARGER AMOUNT AS APPLICABLE LAW REQUIRES.
Indemnification
You agree to indemnify, defend and hold harmless GSI and all its officers, directors, shareholders, members, owners, agents, employees, information providers, affiliates, and licensors (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees and costs, incurred by the Indemnified Parties in connection with any claim by a third party arising out of (a) any breach by you of these Terms and Conditions, (ii) any use of your user name and password, or (iii) your use of the GSI Stock Exchange. You shall cooperate as fully as reasonably required in the defense of any claim. GSI reserves the right, at its 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 any matter without the written consent of GSI.
Export of Information
United States export control laws prohibit the export of certain technical data and software to certain countries and territories. No content from the Website may be downloaded or otherwise exported in violation of United States law. GSI makes no representation that the content of the Website, Software, products or services on the Website are available outside of the United States. You may not use, export or re-export the content on the Website, Software, products or services on the Website in violation of any applicable laws or regulations, including without limitation, United States export laws and regulations.
Access from Jurisdictions other than the United States
GSI makes no representation that the content, materials, services or information available on the Website complies with laws of jurisdictions other than the United States or are appropriate for access outside of the United States. Accessing content, materials, services or information on the Website from jurisdictions where they, or any of them, are illegal is prohibited. If you choose to access the Website from outside the United States you are doing so on your own initiative, at your own risk, and are responsible for compliance with all laws or regulations of the jurisdiction from which you access the Website.
Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of the State of New York, without regard to the conflict of laws principles thereof, and any applicable United States federal law. You agree that ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES.
Dispute Resolution
Any controversy or claim arising out of or relating to these Terms and Conditions, the breach thereof, or your use of the Website shall be resolved by confidential arbitration in the State of New York administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof, except that, to the extent you have in any manner violated or threatened to violate GSI’s intellectual property rights, GSI may seek injunctive or other appropriate relief in a court of competent jurisdiction sitting in the City, County and State of New York and you consent to the jurisdiction of, and venue in, such court.. The place of arbitration shall be New York, New York. The arbitrator(s) shall award to the substantially prevailing party, as determined by the arbitrators, all of their costs and fees. “Costs and fees” mean all reasonable pre-award expenses of the arbitration, including the arbitrators’ fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys’ fees. No arbitrator’s award shall be given preclusive or collateral estoppel effect in subsequent arbitration proceedings pursuant to this provision or other similar provisions. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.
In addition to the foregoing, GSI may seek any equitable or injunctive relief against you from a court of competent jurisdiction.
Waiver of Jury Trial
GSI AND YOU IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. BY USING THE WEBSITE, YOU CERTIFY AND ACKNOWLEDGE THAT (A) NO REPRESENTATIVE OF GSI HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT GSI WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (B) YOU HAVE CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (C) YOU ARE ENTERING INTO THIS WAIVER KNOWINGLY AND VOLUNTARILY, AND (D) YOU HAVE DECIDED TO USE THE WEBSITE IN CONSIDERATION OF THE WAIVERS AND CERTIFICATIONS IN THIS SECTION.
Remedies; Equitable Relief
Irreparable damage will occur to GSI if you breach these Terms and Conditions, and GSI or any of its parent companies, affiliates and subsidiaries shall be entitled to specific performance by you of your obligations hereunder. You agree that money damages would not afford an adequate remedy and that GSI or any of its parent companies, affiliates and subsidiaries shall be entitled to seek a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction or from any arbitral body, without the necessity of showing any actual damages, and without the necessity of posting any bond or
other security, or if bond shall nevertheless be required you hereby stipulate that bond in the amount of $1,000 shall be deemed good and sufficient. Any equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available relief in court or through arbitration hereunder.
General
Except as expressly provided in a particular “Legal Notice” or text on a particular Webpage of the Website, these Terms and Conditions of Use, including the privacy policy, set forth the entire understanding and agreement between GSI and you with respect to the subject matter hereof. If any provision of these Terms and Conditions of Use is held to be invalid or unenforceable, such provision shall be modified only to the extent necessary to make it valid and enforceable and the remaining provisions shall be enforced. GSI’s failure to act with respect to a breach by you or others does not waive GSI’s right to act with respect to subsequent or similar breaches. You acknowledge that by submitting communications to GSI, no confidential, fiduciary, contractually implied or other relationship is created between you and GSI other than pursuant to these Terms and Conditions.
Complaints, Questions or Comments
If you have any complaints, questions or comments about these Terms and Conditions of Use, the Website and/or its Content, or wish to contact us for any other reason, our contact information is as follows:
Mail Address: Gemological Science International.,
551 5th Avenue, 6th Floor.
New York New York 10176
United States
Telephone: (212) 207-4140
Email: info@gemscience.net
© 2024 Gemological Science International
ALL RIGHTS RESERVED