THESE TERMS AND CONDITIONS (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND ICA | GEMLAB. THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT THE URL WWW.ICAGEMLAB.COM AS WELL AS ALL ASSOCIATED SITES LINKED TO WWW.ICAGEMLAB.COM BY ICA | GEMLAB, ITS SUBSIDIARIES OR AFFILIATED COMPANIES (COLLECTIVELY, THE “SITE”). UNLESS OTHERWISE SPECIFIED, ALL REFERENCES TO “SITE” INCLUDE THE CONTENT AND SERVICES AVAILABLE THROUGH THE SITE (THE “SERVICES”) AND ANY SOFTWARE THAT ICA | GEMLAB PROVIDES TO YOU THAT ALLOWS YOU TO ACCESS THE SITE FROM A MOBILE DEVICE (A “MOBILE APPLICATION”). BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE, OR ANY INFORMATION CONTAINED ON THIS SITE.
OUR SERVICES ARE VERY DIVERSE, SO SOMETIMES ADDITIONAL TERMS, POLICIES, AND GUIDELINES MAY APPLY. SUCH ADDITIONAL TERMS, POLICIES, AND GUIDELINES WILL BE DISPLAYED TO YOU IN CONNECTION WITH THE RELEVANT SERVICES. AS USED HEREIN, “TERMS” ALSO INCLUDES SUCH ADDITIONAL TERMS, POLICIES, AND GUIDELINES. IF THERE IS A CONFLICT BETWEEN THESE TERMS AND CONDITIONS AND ANY SUCH ADDITIONAL TERMS, POLICIES, OR GUIDELINES, THE ADDITIONAL TERMS, POLICIES, OR GUIDELINES WILL CONTROL FOR THAT CONFLICT.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER, THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH ICA | GEMLAB. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
ICA | GemLab may make changes to the content and Services offered on the Site at any time. ICA | GemLab can change, update, or add or remove provisions of these Terms, at any time, by posting the updated Terms. By using this Site after ICA | GemLab has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.
By using this Site or the Services, you represent, acknowledge, and agree that you are at least 18 years of age, or, if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian, and that you have received your parent’s or legal guardian’s permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless ICA | GemLab if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Site at any time or in any manner, or submit any information to ICA | GemLab or the Site.
If you are accessing the Site or the Services on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to “you” in the Terms refer to that entity).
ICA | GemLab provides content through the Site and through the Services that is copyrighted and/or trademarked work of ICA | GemLab or ICA | GemLab’s third-party licensors and suppliers or other users of the Site (collectively, the “Materials”). Materials may include logos, graphics, video, images, software, and other content.
Subject to these Terms, and your compliance with these Terms, ICA | GemLab hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for personal or internal business purposes. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Site or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically, and you must immediately destroy any downloaded or printed Materials.
USING THE SITE AND THE SERVICES ON THE SITE
You can simply view the Site and not use any Services on the Site. You need not register with ICA | GemLab to simply visit and view the Site.
However, in order to access certain password-restricted areas of the Site and to use certain Services and Materials offered on and through the Site, you must register with ICA | GEMLAB for an account and receive a password.
PASSWORD RESTRICTED AREAS OF THIS SITE
If you desire to register for an account with ICA | GemLab, you must submit certain information (such as identification or contact details) through an account registration page on the Site. You may also have the ability to provide additional, optional information. Once you have submitted your account registration information, an ICA | GemLab administrator shall have the right to approve or reject the requested registration, at the administrator’s sole discretion. If your account is approved by the administrator, you will be sent an e-mail that contains a password that will allow you to log-on to the Site using that password (the “Password”) for the first time you log into your account on the Site to complete the account registration process.
You are responsible for maintaining the confidentiality of your Password, and you are responsible for all activities that occur using your Password. You agree not to share your Password, let others access or use your Password or do anything else that might jeopardize the security of your Password. You agree to notify ICA | GemLab if your Password on this Site is lost, stolen, if you are aware of any unauthorized use of your Password on this Site or if you know of any other breach of security in relation to this Site.
All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date. You may change, correct or remove any information from your account by either logging into your account directly and making the desired changes or contacting ICA | GemLab using the contact information at the end of these Terms requesting that we make the change.
By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications from ICA | GemLab. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of your relationship with ICA | GemLab. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
LINKS TO THIRD-PARTY SITES
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a “Submission”) and through the Services available in connection with this Site. You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.
When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require ICA | GemLab to monitor, police or remove any Submissions or other information submitted by you or any other user.
When using this Site and/or the Services, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
- Use any robot, spider, scraper, or other automated means to access the Site.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Alter the opinions or comments posted by others on this Site.
- Post anything contrary to our public image, goodwill or reputation.
This list of prohibitions provides examples and is not complete or exclusive. ICA | GemLab reserves the right to (a) terminate access to your account, your ability to post to this Site (or use the Services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that ICA | GEMLAB determines is inappropriate or disruptive to this Site or to any other user of this Site and/or Services. ICA | GemLab may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at ICA | GemLab’s discretion, ICA | GemLab will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
Unauthorized use of any Materials or Third-Party Content contained on this Site may violate certain laws and regulations.
You agree to indemnify and hold ICA | GemLab and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) ICA | GemLab or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.
ICA | GemLab and the ICA | GemLab logo are trademarks of ICA | GemLab. For more information, please see Copyrights and Trademarks.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of ICA | GemLab, Copyright © 2002-2017 Gemological Institute of America, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
The Mobile Application software that is provided to you through the Site and Services and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, if you are a government entity, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
DISCLAIMER OF WARRANTIES
Your use of this Site and/or the Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by ICA | GemLab, and they may include inaccuracies or typographical or other errors. ICA | GemLab does not warrant the accuracy of timeliness of the Materials contained on this Site. ICA | GemLab has no liability for any errors or omissions in the Materials, whether provided by ICA | GemLab, our licensors or suppliers or other users.
ICA | GEMLAB, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, AND MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ICA | GEMLAB DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
The information provided in or made available through the Site (including, but not limited to, message boards, text files, chat rooms or social media) is not intended to replace the services of a trained jeweler or gemologist regarding analysis or appraisal of any particular gem or jewelry item or to be a substitute for their advice regarding gem value or other commercial evaluation. You are advised to consult with a trained jeweler or gemologist prior to purchasing any particular gem or piece of jewelry.
LIMITATION OF LIABILITY
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, THE SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
ICA | GEMLAB SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ICA | GEMLAB BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF ICA | GEMLAB KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WILL ICA | GEMLAB’S LIABILITY TO YOU EXCEED FIFTY DOLLARS (USD $50), EVEN IN THE EVENT OF A FAILURE OF THE ESSENTIAL PURPOSE OR ANY LIMITED REMEDY UNDER THIS AGREEMENT.
LOCAL LAWS; EXPORT CONTROL
ICA | GEMLAB controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions, or related materials to ICA | GEMLAB, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, any Services offered through the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and ICA | GEMLAB is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that ICA | GEMLAB is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS
Most user concerns can be resolved quickly and to a user’s satisfaction by contacting us. This Dispute Resolution and Arbitration; Class Action Waiver provision (“Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between you and ICA | GemLab. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
Please read this Provision carefully. It provides that all Disputes between you and ICA | GEMLAB shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Provision, “ICA | GEMLAB” means ICA | GEMLAB and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and ICA | GEMLAB regarding any aspect of your relationship with ICA | GEMLAB, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as ICA | GEMLAB’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give ICA | GEMLAB an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Legal Department, Gemological Institute of America, Inc., 5355 Armada Drive, Carlsbad, California 92008, United States of America. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If ICA | GEMLAB does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or ICA | GEMLAB may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to Legal Department, Gemological Institute of America, Inc., 5355 Armada Drive, Carlsbad, California 92008, United States of America. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with ICA | GEMLAB through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with ICA | GEMLAB. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or ICA | GEMLAB may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Site and these Terms concern interstate commerce, the United States Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or ICA | GEMLAB may initiate arbitration in either San Diego, California or the US federal judicial district in which you reside. In the event that you select the latter, ICA | GEMLAB may transfer the arbitration to San Diego, California so long as ICA | GEMLAB agrees to pay any additional fees or costs which the arbitrator determines you incur as a result of the transfer.
Payment of Arbitration Fees and Costs – ICA | GEMLAB will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with ICA | GEMLAB as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and ICA | GEMLAB specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by entering into this Agreement you and ICA | GEMLAB are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and ICA | GEMLAB might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
This Provision shall survive the termination of your account with ICA | GEMLAB and your discontinued use of the Site. Notwithstanding any provision in this Agreement to the contrary, the parties agree that if ICA | GEMLAB makes any change to this Provision (other than a change to the notice address), you may reject any such change and require ICA | GEMLAB to adhere to the language in this Provision if a dispute between the parties arises.
ICA | GEMLAB prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by ICA | GEMLAB, may result in immediate termination of your access to this Site without prior notice to you. The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this agreement. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or this Site will be heard in the courts located in San Diego County in the State of California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. ICA | GEMLAB’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and ICA | GEMLAB regarding the use of the Site and supersede all prior or contemporaneous negotiations, discussions or agreements between you and ICA | GEMLAB about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
If you have any questions about these Terms or otherwise need to contact ICA | GemLab for any reason, you can reach us at ICA | GemLab, 6th Fl., Jewelry Trade Center, Silom Road, Silom Sub-District, Bang Rak District, Bangkok, Thailand 10500.
INFORMATION WE COLLECT ABOUT YOU
Information We Collect Directly from You: We collect information, including personal information, directly from you when you create an account with us, sign up for our online classes, request information from us, purchase products from us, and otherwise interact with our Site and our Services. The type of information that we collect from you varies based on your specific interaction with our Site, but may include: your name, email address, home/mailing address, telephone number, and, where applicable, payment information, and information relevant to your educational history, among other information. Please note that your educational account may not be used for certain purchases/other purposes on our Site, and you may be requested to create a secondary account.
Third Parties. On our Site, you may email a friend about Services that you believe would be of interest. We will collect your name, email address, as well as your friend’s name and email address. We use the information collected from you to complete your request, but we will not use that information for future marketing efforts.
Information We Collect Automatically:
OUR USE OF YOUR INFORMATION
We use the information that we collect about you:
- To provide you with requested products and Services, including participation in our online learning program, to respond to your inquiries, and for other customer service purposes;
- To enhance your experience using the ICA | GemLab Site;
- For marketing and advertising purposes, such as to send you emails about products and services that we believe would be of interest to you;
- To communicate with you about your enrollment, including notifying you of upcoming classes that we believe would be of interest to you;
- To solicit donations;
- For research purposes;
- To better understand how users access and use our Site and our Services, both on an aggregated and on an individualized basis;
- To improve our Site and Services; and
- To further your relationship with ICA | GemLab.
ICA | GemLab may enhance or merge your Personal Information with data from third parties for purposes of marketing ICA | GemLab’s products or services to you.
SHARING YOUR INFORMATION
We will not disclose your personal information with non-affiliated third parties for their own marketing purposes. We will, however, share your information, including personal information (collectively, “information”), to assist us in providing our Services to you and with the persons and for the purposes described below:
Special Notice to Students. If you participate in our online learning, we offer an opportunity for students to communicate with one another. Certain information that you post as part of that program will be available to other students and our faculty.
- Service Providers.We may disclose the information that we collect about you to third party vendors, service providers, contractors, professional advisors, or agents that perform functions on our behalf (together “service providers”). These service providers are contractually required to protect your information.
- Affiliated Entities.We will share your information among our affiliated entities, as applicable, to facilitate your experience with ICA | GemLab. For example, if you are enrolled in our online learning, then we will share your information with our affiliates located in the country in which you reside (if applicable), and/or with our affiliates that may be able to offer courses that are appropriate to your education. Where permitted by law, and unless you have requested otherwise, from time to time, our affiliates may send you email and/or postal mail regarding products and services (including courses and events) that they believe would be of interest to you based on your course of study.
- Business Transfers.If we are acquired by or merge with another entity, if substantially all our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the acquiring entity.
- In Response to Legal Process.We also may disclose the information we collect from you to comply with the law, a judicial proceeding, a court order, or another legal process, such as in response to a subpoena.
Aggregate and Anonymized Information. We may share aggregate or anonymized information about users with third parties for marketing, advertising, research, or similar purposes.
We may periodically send you electronic communications about ICA | GemLab’s various products, services, newsletters, or general updates. You may opt out of some or all of these communications by using “unsubscribe” options, or by sending a request to firstname.lastname@example.org. If you opt out of receiving marketing communications from us, please note that we will continue to communicate with you via email regarding your ongoing education and for customer service purposes (e.g., to notify you about the status of a purchase that you have made with us).
Your online transactions with ICA | GemLab are designed to give you options concerning the privacy of your credit card information and any other personal information you provide. ICA | GemLab is committed to data security with respect to personal information collected on our Site. If you would like to make a purchase, but do not want to provide your credit card information online, you may contact a ICA | GemLab representative over the telephone.
COOKIES AND OTHER TRACKING DEVICES
Web cookies, web beacons (including clear GIFs), Flash LSOs, and similar technologies are used to track user activity and collect Site and mobile application data. We may combine this data with the personal information we have collected from you.
Your Consent. By continuing to use our Site, you are agreeing to our placing cookies on your computer or electronic portable device to analyse the way you use our Site. Please read this cookie section carefully for more details about the information we collect when you use this Site.
If you do not wish to accept cookies in connection with your use of this Site, you must stop using our Site.
- Session-based Cookies.Session-based cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session-based cookies to allow our systems to uniquely identify you during a session or while you are logged in to the Site. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site.
- Persistent cookies.Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity, which may be combined with other user information.
Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site who disable their web browsers’ ability to accept cookies will be able to browse the Site; however, many site features, such as the shopping cart, will not function if you disable cookies.
Local Storage Objects. We may use Flash Local Storage Objects (“Flash LSOs”) to store your Site preferences and to support individual applications. Flash LSOs are different from browser cookies because of the amount and type of data stored. In addition, you cannot control, delete, or disable the acceptance of Flash LSOs through your browser. For more information on Flash LSOs, or to learn how to manage your settings for Flash cookies, go to the Adobe Flash Player Help Page, choose “Global Storage Settings Panel,” and follow the instructions. To see the Flash LSOs currently on your computer, choose “Website Storage Settings Panel” and follow the instructions to review and, if you choose, to delete any specific Flash LSO.
Web Beacons, Pixel Tags, and Other Technologies. Our third-party service providers use web beacons in HTML e-mails to our customers, to help us track e-mail response rates, measure the success of our marketing campaigns, identify when our e-mails are viewed and track whether our e-mails are forwarded.
Site Analytics. We work with third-party service providers who use the technologies described in this section to conduct website analytics to help us track and understand how visitors use our Site. For example, we use a variety of third-party web analytics, to help us improve our Site’s performance and user experiences.
To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.aboutcookies.org or www.allaboutcookies.org.
Aside from the GemKids area of the site, which is designed for minors and never asks for personal data, all other areas of the website are intended for users over the age of 18. ICA | GemLab is committed to protecting the privacy of minors under 18 years of age. We do not knowingly collect personal data from minors. If we become aware that a child has submitted personal information to us through any part of the site, we delete such personal information as soon as reasonably practical after we discover it.
NOTICE TO PERSONS RESIDING OUTSIDE OF THE UNITED STATES – WHERE WE STORE AND TRANSFER YOUR PERSONAL INFORMATION
We may transfer the information that we collect about you, including your personal information, whether collected through this Site, any related mobile application, or in person, to locations worldwide, such as in each country in which ICA | GemLab has an office. We also may transfer customer information to a third-party service provider, which may use a cloud solution and store data in a country outside of your country of origin, such as in the United States. Please note that your information may be subject to access by law enforcement and other government entities, including courts and tribunals, in accordance with laws applicable in those jurisdictions. ICA | GemLab and its affiliated entities have procedures in place designed to safeguard your information.
ACCESS RIGHTS AND CORRECTION
ICA | GemLab will take reasonable steps to ensure the personal information it holds is accurate, complete, and up-to-date. Please ensure you check your account regularly to ensure that we hold accurate personal information about you.
You have the right to access and correct certain information that we hold about you. Any access request must be made in writing and where permitted by law, may be subject to a small fee to meet our costs in providing you with the details of the information that we hold about you. Please send any requests for access, questions, or comments regarding our privacy practices to the contact listed below.
Certain portions of our Site may permit user-generated content, such as blogs and forums. Any information that you post to a publicly-facing blog or forum may be viewable by other visitors to our Site. Information that you submit through our student/educational blogs will be available to other registered users of those services, at a minimum. We are not responsible for the privacy of any information that you choose to post to our Site, or for the accuracy of any information contained in those postings. Any information that you disclose becomes public information. We cannot prevent such information from being used in a manner that may violate this Policy, the law, or your personal privacy.
CONTACT ICA | GemLab
If you would like to contact us for any reason regarding our privacy practices, please write to the following address:
ICA | GemLab
6th Fl., Jewelry Trade Center
Silom Road, Silom Sub-District, Bang Rak District
Bangkok, Thailand 10500
You may submit your request concerning your Personal Information by sending it to the above address or email email@example.com.
©2017 ICA | GemLab