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TERMS OF USE

Last Updated: May 1, 2013

LEGAL NOTICE, DISCLAIMER, AND TERMS OF USE


This website with its home page in the domain “egl-asia.com” (the “website”) is a complimentary information service offered by EGL ASIA Gemological Laboratory (“EGL ASIA” or “we”) at no charge to users of the Internet, with the express condition that these users agree to be bound by the terms and conditions set forth in this User Agreement. EGL ASIA reserves the right to change these terms and conditions any time. You must consult the most recent version of this User Agreement (not an older cached version) each time you view the website. Access to and use of this website is provided subject to these terms and conditions. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.

DISCLAIMER OF WARRANTY


You acknowledge that the services, data, specific and general gemological information, reports, links (including other links owned and/or operated by EGL ASIA), or any and all other information (collectively, “Information”) on the website is provided “As Is” for general information only. EGL ASIA makes no warranties of any kind regarding this website, including, but not limited to, any warranty of accuracy, completeness, currency, reliability, implied merchantability or implied fitness for a particular purpose, or any warranty that these pages, or the server that makes them available, are free of viruses or other harmful elements. EGL ASIA makes no warranty, representation or guaranty that the Information may be relied on for any reason, that the Information will be uninterrupted or error-free or that any defects can be corrected. All warranties, including the implied warranty of merchantability, non-infringement and implied warranty of fitness for a particular purpose are hereby expressly disclaimed. EGL ASIA shall have absolutely no liability in connection with the Information including, without limitation, any liability for damage to your computer hardware, data, information, materials and business resulting from information or lack of information on the EGL ASIA website. You agree EGL ASIA shall have no liability for: (1) any loss or injury caused, in whole or in part, by its actions, omissions or negligence or for contingencies beyond its control, in procuring, compiling or delivering the Information; (2) any errors, omissions or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or (3) any decision made or taken or not taken in reliance upon the Information.


You agree that you will hold harmless EGL ASIA and its governors, officers, directors, and employees from all claims arising out of or related to your access or use of, or your inability to access or use, this website or the Information contained in this website or other websites to which it is linked (including other links owned and/or operated by EGL ASIA), including, but not limited to, claims that you have found something you have heard, viewed or downloaded from this website or another website to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will EGL ASIA or the contributors of Information to this website be liable to you or anyone else for any decision made or action taken by you in reliance on such Information or for any consequential, special or similar damages, even if EGL ASIA or the contributors of Information are advised of the possibility of such damages.

You acknowledge that opinions and recommendations contained in this website are not necessarily those of EGL ASIA or endorsed by EGL ASIA.

GEMOLOGICAL INFORMATION DISCLAIMER


The Information provided in or made available through the EGL ASIA website, including, but not limited to, any general or specific gemological information, reports, diagrams, glossaries and educational materials, 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. In addition, sample reports on the website are for illustrative purposes only, and are not intended to be relied upon for information regarding any particular gem. The user is strongly advised to consult with a trained jeweler or gemologist prior to purchasing any particular gem or piece of jewelry.

SECURITY DISCLAIMER


This website has security measures in place to protect the loss, misuse and alteration of the information under our control. Registration for certain of our services may require the creation of an online account and selection of a username and password that will protect your online account information. Access to your online account requires your password. Transactions conducted through the website may require adding credit card information to your account information. We recommend that you do not disclose your username or password, or other personal account information to any other person.


While our databases are secured behind a firewall, no data transmission over the Internet can be guaranteed to be 100% secure. Though EGL ASIA strives to protect your personal information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online, including usernames, passwords, communications, and credit card information (collectively, “personal account information”). You agree that we are not held responsible or held liable for the theft, unauthorized use, destruction, or inadvertent disclosure of your personal account information.

LINKING TO EGL ASIA


You may provide a link to this website on another website, provided you agree to the link conditions described below. By establishing a link to an EGL ASIA website you agree to these link conditions:
  1. that the link consists of a hypertext link or a button with an image and/or text supplied by EGL ASIA;
  2. that you will update all images and text within seven days after receipt of notice of any changes from EGL ASIA. EGL ASIA may modify images and text at any time;
  3. that except for a limited, non-exclusive, non-transferable, royalty-free license to use the link button on your website solely for the purpose of providing a hyperlink to EGL ASIA’s website, you acknowledge and agree that: (i) EGL ASIA’s trademarks, name and linking button, including, but not limited to, proprietary artwork, designs, and the familiar “EGL ASIA” mark and “EGL ASIA” logo (collectively, the “Marks”), EGL ASIA’s website and its contents are and shall remain the sole property of EGL ASIA, (ii) nothing in this Agreement shall give you any right of ownership in the Marks, link button or EGL ASIA’s website; (iii) you shall not now nor in the future contest the validity of the Marks; (iv) you shall not take any action that would impair the value or goodwill associated with the Marks, link button or EGL ASIA’s image or reputation; and (v) you shall not use the link button in any way that might be misleading;
  4. that you will not use the link or link button to disparage EGL ASIA and/or its services;
  5. that the appearance, position and other aspects of the link button may not be such as to misrepresent your relationship with EGL ASIA, or present false or misleading impressions about EGL ASIA or its services;
  6. that the appearance, position and other aspects of the link button may not create the false appearance that you or any non-EGL ASIA entity or any non-EGL ASIA product or service is associated with, or endorsed, or sponsored by EGL ASIA;
  7. that the link, when activated by a user, must display this website full-screen and not with a “frame” on the linked website or use other techniques which alter the visual presentation or content of EGL ASIA’s website, such as the imposition of browser windows or third party content;
  8. that the link button may only be used on your website, and not for any other purpose including, but not limited to, promotion, advertising or publicity for your website;
  9. that you will not use the link in conjunction with E.G.L.-named laboratory reports, marketing, or promotion;
  10. that the link button must be displayed adjacent to a reference to EGL ASIA or at the bottom of that same page;
  11. that you may not alter or change the link button in any way, including color, size, proportions, etc. or animate or change its perspective;
  12. that you may not deviate or edit any of the technical code that accompanies the button;
  13. that the linking website may not contain materials that may be interpreted as distasteful or offensive and should be appropriate for all age groups;
  14. that EGL ASIA has the right to terminate this Agreement with or without cause at any time, and may amend this Agreement without notice at any time;
  15. that you agree to defend, indemnify and hold EGL ASIA, its trustees, officers, employees and agents from and against any claims, demands, damages, causes of action, loss or judgments arising from your breach of this Agreement or your hyperlink to EGL ASIA’s website.

YOU EXPRESSLY AGREE THAT THE USE OF EGL ASIA MATERIALS, MARKS, LINK BUTTON AND WEBSITE IS AT YOUR SOLE RISK. EGL ASIA DOES NOT WARRANT THAT ITS SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. EGL ASIA PROVIDES THIS ACCESS “AS IS” WITHOUT WARRANTY OF ANY KIND. EGL ASIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NONINFRINGEMENT. IN NO EVENT WILL EGL ASIA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT, LOSS OF DATA, LOSS OF BUSINESS OR OTHER LOSS ARISING OUT OF OR RESULTING FROM THIS AGREEMENT OR THE USE OF ANY OF THE MATERIALS, MARKS OR LINK BUTTON UNDER THIS AGREEMENT OR ACCESS TO ANY OF THE SERVICES DESCRIBED IN THIS AGREEMENT EVEN IF EGL ASIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY REGARDLESS OF THE NEGLIGENCE OF EGL ASIA AND REGARDLESS OF WHETHER SUCH LIABILITY IS FOUND IN CONTRACTS, NEGLIGENCE, TORT OR ANY THEORY OF LIABILITY.


EGL ASIA reserves the right to revoke its consent to the link at any time in its sole discretion by amending this Hyperlink Agreement.

DISPUTE RESOLUTION AND CHOICE OF LAW


You agree that any dispute arising out of or relating to these Terms or any content posted to the EGL ASIA website including copies and republication thereof, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of New York, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving New York County, New York as the legal forum for any such dispute.

USE OF MATERIAL ON EGL ASIA WEBSITE


The works of authorship contained in this website, including, but not limited to, all design, text and images, are owned or licensed by EGL ASIA, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored by subsequent use or otherwise used in whole or in part in any manner without EGL ASIA’s prior written consent, except that the user may make such temporary copies in a single computer’s RAM and hard drive cache as are necessary to browse the website, and the user may make permanent printouts of each page of the website (unmodified in form, with a copy of this User Agreement attached) to be used by the user for personal and non-commercial uses which do not harm the reputation and interests of EGL ASIA or create a likelihood of confusion as to its trademarks. EGL ASIA does not waive any of its proprietary rights in the website or Information including, but not limited to, copyrights, trademarks and other intellectual property rights.

ENDORSEMENTS


EGL ASIA does not endorse any specific commercial product or company mentioned on the EGL ASIA website or any commercial product or company linked to this website.

EGL ASIA CONTROL OF WEBSITE


This website (excluding linked sites) is controlled by EGL ASIA which is headquartered in the State of New York, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of New York, by accessing this website both you and EGL ASIA agree that the statutes and laws of the State of New York, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this website. You and EGL ASIA also agree and hereby submit to the exclusive personal jurisdiction and venue of the Supreme Court of the State of New York, New York County, and the United States District Court for the Southern District of New York with respect to such matters. EGL ASIA makes no representation that materials on the website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so at their own initiative and are responsible for compliance with local laws.

OTHER


For purposes of disclaimer, EGL ASIA shall include EGL ASIA, its governors, officers, subsidiaries, affiliates, agents, employees and any third party providers or sources of information or data.

COPYRIGHT AND TRADEMARK NOTICES


Copyright © 2013 EGL ASIA. All rights reserved. Use of this site is subject to and constitutes acceptance of its Terms of Use and Privacy Policy. EGL ASIA Gemological Laboratory is independently owned and operated, and evaluates diamonds and gemstones exclusively in
North America. The EGL ASIA logo, EGL ASIA: The industry leader in gemological science and service™, Envira Diamond Report™, Envira Colored Gemstone Report™, Gem ID Card™, Origin of Color ID Card™, and Jewelry Webguard™ are the registered trademarks of EGL ASIA. The 10 Star Report® , The Most Important Report for the Most Important Diamond® , 360° Diamond Report® , and Diamond's Natural Attraction (DNA)™ are the registered trademarks of Gemology Headquarters International (GHI), used by EGL ASIA under exclusive license.

LICENSES AND IDEA SUBMISSIONS


You agree to grant to EGL ASIA a non-exclusive, worldwide, royalty-free, perpetual license,
with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of the EGL ASIA website by all means and in any media now known or hereafter developed. You hereby waive your rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against EGL ASIA for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.

LIMITATION OF LIABILITY


Under no circumstances shall EGL ASIA be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Information or from the use of the Internet generally.