Last Updated: June 07, 2021
The Site and the Services are used by Students and third-parties authorized by the Student, to view academic and financial information related to enrollment in GIA courses and programs. The Site and Services also provide self-service features including without limitation course registration, account payment, and submission of inquiry and request forms. Availability of self-service features are based on the Student’s program of enrollment and the GIA Education School Location to which they are enrolled.
Notwithstanding the foregoing, with respect to all eLearning courses (which might also be referred to as “online courses”), "GIA" means Gemological Institute of America, Inc.
THE TERM "YOU" MEANS YOU AS THE STUDENT OR THE THIRD-PARTY AUTHORIZED BY THE STUDENT. If you have any questions about these Terms, you can reach us at the Legal Department at the applicable address set forth in the table below.
LONDON, UNITED KINGDOM
GIA England104 Great Russell StreetLondon, WC1B 3LA
GIA (International) Co., Ltd.U Chu Liang Building, 2nd Floor968 Rama IV RoadSilom, BangrakBangkok, 10500
HONG KONG, CHINA
GIA Hong Kong Limited3rd Floor, New World Tower II16-18 Queen’s Road CentralHong Kong
GIA India Laboratory Private Limited10th Floor, Trade CentreBandra Kurla Complex, Bandra (East)Mumbai, 400 098
GIA India Laboratory Private Limited2nd, 3rd Floor Swastik UniversalDumas Road, PiplodSurat, 395 007
CARLSBAD, UNITED STATES OF AMERICA
Gemological Institute of America, Inc.World HeadquartersThe Robert Mouawad Campus5345 Armada DriveCarlsbad, CA 92008
NEW YORK, UNITED STATES OF AMERICA
Gemological Institute of America, Inc.50 W 47th StreetNew York, NY 10036
BY CLICKING THE “I ACCEPT” BUTTON OR BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND AGREE 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 THE SITE.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.
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 GIA. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
GIA may make changes to the content and Services offered on the Site at any time. GIA may change, update, or add or remove provisions of these Terms (collectively "Updated Terms"), at any time by posting the Updated Terms. By using this Site, including without limitation to view academic and financial information or utilize the self-service features after GIA has posted the Updated 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 16 years of age. If you are not yet 16 years of age, you may not use the Site at any time or in any manner or submit any information to GIA or the Site.
GIA provides content through the Site and the Services that is protected by copyright and/or trademarks (collectively, the "Materials"). Materials may include logos, graphics, video, images, software and other content.
Subject to these Terms, and your compliance with these Terms, GIA hereby grants you a limited, personal, non-exclusive and non-transferable license under GIA’s copyrights in the Materials to use the Materials and to use this Site, in each case solely for your personal benefit or and solely to apply for GIA educational courses and programs. Except for the foregoing license, you have no other rights or licenses in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, distribute, display, perform, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner. No rights or license are granted to you to use any GIA trademarks.
If you breach any of these Terms, the above license will terminate automatically at which time you must immediately (i) destroy any downloaded or printed Materials and (ii) cease using the Site.
In order to access the Site to receive certain Services from GIA, you must (i) be accepted for Admission by GIA; and (ii) receive credentials from GIA to access the Site.
After receiving the credentials, you will be asked to go to the Site, compete a list of security questions, update your password (hereinafter, the “Password”), and log-on to your account in order to use the Site. You may be asked to change your Password from time to time. 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 immediately notify GIA in writing at onlinesupport@GIA.edu if your Password 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.
By using the Site or the Services, you may receive e-mail or text messages on your phone or mobile device, which may cause you to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply to your use of the Services.
If your employer is sponsoring your enrollment in a GIA course or program, and you have provided the corporate code (provided by your employer) in your admission application, your employer must register you in the course or program before the registration is processed. Certain information will be provided to your employer including without limitation your legal name, student ID number, and email address. Your employer will have access to view your course or program completion progress and the final grade for the sponsored course. Should the employer submit a request to cancel or withdraw the course or program, they will receive confirmation of the cancellation or withdrawal. All questions or comments related to a cancellation or withdrawal by your employer must be addressed with your employer.
The Family Education Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a U.S. federal law that protects the right to privacy and confidentiality of student records. Except as provided under FERPA, schools must have written permission to release student record information.
If you wish to authorize GIA to release academic or financial information to someone else, such as a parent, legal guardian, spouse or employer, you may set FERPA permissions within the Site. By submitting this form, you give GIA permission to disclose the information to the third-party indicated by you. Upon approval, the third-party is given access to the Site to view the information you have released to them.
You may update or remove the FERPA permissions you have granted at any time on the Site.
You may opt to make an online payment toward your account balance. This Service is available to you if you are enrolled in a US GIA School Location. Online payments are processed by Transact Campus Inc. Once you complete an initial payment form you will be taken to the Transact Payments powered by Cashnet® site to compete your transaction.
If you are a receiving US Federal Financial Aid, you have access to separate Financial Aid Portal where you can view your anticipated aid, status and awards, provide additional required documentation, and accept your awards.
You acknowledge receipt of the GIA Student Privacy Notice, which describes GIA’s policies and practices regarding our processing, including collection, use, and handling, of your personal data in connection with your relationship with GIA as an educational services applicant, student, or alumni.
When using this Site and/or the Services, you agree not to:
This list of prohibitions provides examples and is not complete or exclusive. GIA reserves the right to terminate access to your account, your ability to access and use this Site (or use the Services) with or without cause and with or without notice, for any reason or no reason, or for any action that GIA determines is inappropriate or disruptive to this Site or to any other user of this Site and/or Services. GIA 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 GIA’s discretion, GIA 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 contained on this Site may violate certain laws and regulations.
You agree to indemnify and hold GIA 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) GIA 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 violates any applicable law or regulation, these Terms, or the copyrights, trademark rights or other rights of any third-party.
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 GIA, Copyright © 2020 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.
THIS SITE IS PROVIDED “AS IS" AND "WITH ALL FAULTS" AND YOUR USE OF THIS SITE, MATERIALS AND/OR THE SERVICES IS AT YOUR OWN RISK. GIA DOES NOT WARRANT THE ACCURACY, QUALITY, SECURITY, SUITABILITY, REASONABLE CARE, TIMELINESS, AVAILABILITY, TRUTHFULNESS, OR COMPLETENESS OF THE MATERIALS OR SERVICES ON THIS SITE. THE MATERIALS HAVE NOT BEEN VERIFIED OR AUTHENTICATED IN WHOLE OR IN PART BY GIA, AND THEY MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL OR OTHER ERRORS. GIA HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE MATERIALS, WHETHER PROVIDED BY GIA, OUR LICENSORS OR SUPPLIERS OR OTHER USERS.
GIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE, THE INFORMATION, MATERIALS, OR SERVICES, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
Without limiting the generality of the foregoing, GIA makes no warranty that this Site will meet your requirements or that this Site will be uninterrupted, timely, secure, or error free or that defects in this Site will be corrected. GIA makes no warranty as to the results that may be obtained from the use of this Site or as to the accuracy or reliability of any information obtained through this Site. No advice or information, whether oral or written, obtained by you through this Site or from GIA shall create any warranty.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GIA SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SITE, THE SERVICES OR THE MATERIALS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIA BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, HOWEVER ARISING, EVEN IF GIA KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GIA’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 THESE TERMS.
THE TERMS SET FORTH ABOVE SHALL NOT APPLY TO LIMIT GIA’S LIABILITY FOR FRAUD, WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, INJURY TO PERSON OR DAMAGE TO PROPERTY, OR ANY OTHER LIABILITY WHICH APPLICABLE LAW DOES NOT PERMIT TO BE LIMITED.
If you send or transmit any communications, comments, questions, suggestions, or related materials to GIA, whether by letter, email, telephone, or otherwise, including through the “chat” function on the Site (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 GIA 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 GIA 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.
The terms below in this section only apply if you are applying for eLearning courses or any courses and programs offered by GIA in New York, NY or Carlsbad, CA.
Most user concerns can be resolved quickly and to a user’s satisfaction by contacting us as noted above. 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 GIA. 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 GIA 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, agreeing to these Terms 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 these Terms and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Provision, "GIA" means GIA 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 GIA regarding these Terms, the Services, Your application for courses, the GIA Student Privacy Notice, GIA’s exercise of rights under these Terms, and any aspect of your relationship with GIA, 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 GIA’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 GIA an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Legal Department, Gemological Institute of America, Inc., The Robert Mouawad Campus, 5345 Armada Drive, Carlsbad, California 92008, United States of America or by sending an email to GIA at email@example.com. 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 GIA 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 GIA 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 THESE TERMS (the "Opt-Out Deadline"). You may opt out of this Provision by mailing written notification to Legal Department, Gemological Institute of America, Inc., The Robert Mouawad Campus, 5345 Armada Drive, Carlsbad, California 92008, United States of America or by sending an email to GIA at firstname.lastname@example.org. 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 GIA through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with GIA. 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 GIA 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. All references to specific rules and procedures in this paragraph shall be the then-current rules and procedures as of the date of notice of the Dispute is sent by You to GIA. 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 GIA 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, GIA may transfer the arbitration to San Diego, California so long as GIA 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 – GIA 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 GIA 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 GIA 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 agreeing to these Terms you and GIA 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 GIA 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 GIA and your discontinued use of the Site. Notwithstanding any provision in these Terms to the contrary, the parties agree that if GIA makes any change to this Provision (other than a change to the notice address), you may reject any such change and require GIA to adhere to the language in this Provision if a dispute between the parties arises.
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, this Section and the arbitration. 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 these Terms. Except for disputes subject to arbitration as described above, any disputes relating to these Terms, the Services or the Site will be heard in the courts located in San Diego County in the State of California.
If you apply for any GIA courses or programs offered by GIA outside the United States, then with respect to those courses and programs (i) the laws of the country where the GIA campus is located will govern these Terms, without giving effect to conflicts of law provisions, and (ii) the courts in the city where the GIA campus is located is being offered will be the sole and exclusive venue for resolving disputes related to these Terms, including without limitation the applications You submit using the Site or the Services offered on the Site. You hereby consent to the jurisdiction of such courts.
GIA 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 GIA, may result in immediate termination of your access to this Site without prior notice to you.
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. GIA’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and GIA regarding the use of the Site and supersede all prior or contemporaneous negotiations, discussions or agreements between you and GIA 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.
These Terms have been created, drafted and prepared in the English language. The English language version of these Terms shall control over any translation of these Terms into any other language.
WARNING. By agreeing to these Terms, you certify that you have read and understand the Student Notification of Classroom Chemical Usage at the following link: https://www.gia.edu/gem-education/chemical-safety-disclosure. You understand that you may come into contact with chemicals in certain GIA classes, and that if you are pregnant, have certain medical conditions, or have allergies, you should contact your physician for advice as to whether you should take the class.