Your access and use of this website (“Website”) are subject to the following terms and conditions (“Terms and Conditions”). If you do not agree to these Terms and Conditions, you must exit the Website now. We reserve the right to change these Terms and Conditions without notice. 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.
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.
GSI owns or licenses all content on this Website. Such content is copyrighted or trademarked, and any unauthorized use of the content on this Website may violate copyright, trademark and other laws. GSI Gemological Essentials, LGD Essentials are copyrighted by GSI.
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.
You may view and download content on this Website only for your personal, non-commercial use. You may not change the content on this Website in any way or reproduce, publicly display, distribute or otherwise use them for any public or commercial purpose. 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 party’s 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.
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 re, SDX, CDX, LGX, MGX, Beauty Within, VirtualVault, are trademarks of GSI in the U.S. or other countries. You may not use any of our trademarks or service marks without our prior written permission.
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 enforce its intellectual property rights to the fullest extent of the law.
GSI assumes no responsibility for the accuracy of the information contained on 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.
Use of Software
Any software that is available on the Website (“Software”) is the copyrighted work of GSI or its licensors. 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 are 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 are 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.
Site Information and Disclaimer
SITE INFORMATION REGARDING OUR PRODUCTS AND SERVICES, 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.
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, 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.
You shall indemnify, defend and hold harmless our company and our agents and affiliates against any claim, liability, expense or damages arising from or relating to your use of the Website. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
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.
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.
Any controversy or claim arising out of or relating to these Terms and Conditions, or the breach thereof, shall be settled by confidential arbitration 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. The place of arbitration shall be New York, New York. The arbitrator(s) shall award to the prevailing party, if any, 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.
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 WAIVES, 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 would 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. Any equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available relief.