- that the link shall consist of a hypertext link or a link using the "To learn more about AGS LAB" link button with image and text supplied by AGS LAB ;
- that AGS LAB may modify images and text at any time and you will update all images and text within seven days after receipt of notice of any changes from AGS LAB;
- that you will not use the link or link button to disparage AGS LAB and/or its services;
- that the appearance, position and other aspects of the link button may not be such as to misrepresent your relationship with AGS LAB, or present false or misleading impressions about AGS LAB or its services;
- that the appearance, position and other aspects of the link button may not create the false appearance that you or any non-AGS LAB entity or any non-AGS LAB product or service is associated with, or endorsed, or sponsored by AGS LAB;
- 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 this Website, such as the imposition of browser windows or third party content;
- 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;
- that the link button must be displayed adjacent to a reference to AGS LAB or at the bottom of that same page;
- that you may not alter or change the link button in any way, including color, size, proportions, etc. or animate or change its perspective;
- that you may not deviate or edit any of the technical code that accompanies the link button; and
- that the linking website may not contain materials that may be interpreted as distasteful or offensive and should be appropriate for all age groups.
Any software or related materials that are made available to download from this Site or otherwise provided to you is the copyrighted work of AGS Laboratories. You must agree to the entire terms in order to download and/or use the Software. Furthermore, your right to download and/or use the Software will be subject to the terms and conditions of the applicable end user license agreement, which you must first agree to by clicking on the "I AGREE" prior to downloading. Any use, reproduction or redistribution of the Software not in accordance with AGS Laboratory License Agreement is prohibited. Unless otherwise specified in the Terms and/or the AGS Laboratories License
Agreement, you may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from, any
software applications made available on the AGS Laboratories website.
For purposes of disclaimer, AGS LAB shall include the American Gem Society Laboratories, LLC, its Board, officers, subsidiaries, affiliates, agents, employees, and any third party providers or sources of information or data.
DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE THAT THIS WEBSITE AND THE SERVICES AND MATERIALS OFFERED OR DISPLAYED ON AND/OR THROUGH THE WEBSITE ARE PROVIDED BY AGS LAB ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AGS LAB HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
AGS LAB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION, SECURITY OR USE OF THE WEBSITE, OR THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SERVICES, PRODUCTS, MATERIALS OR OTHER ITEMS OFFERED OR INCLUDED ON THIS WEBSITE. AGS LAB DOES NOT WARRANT THAT ANY FUNCTIONS, INACCURACIES OR TYPOGRAPHICAL ERRORS IN THE MATERIALS WILL BE REPAIRED OR CORRECTED OR THAT THE WEBSITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ELEMENTS. AGS LAB FURTHER MAKES NO WARRANTY, REPRESENTATION OR GUARANTY THAT ANY MATERIALS MAY BE RELIED ON FOR ANY REASON OR THAT THE PROVISION OF, OR ACCESS TO, SUCH MATERIALS WILL BE UNINTERRUPTED, OR THAT ANY DEFECTS IN THE MATERIALS CAN BE CORRECTED. AGS LAB SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, COMPUTER SYSTEM, COMPUTER HARDWARE, PORTABLE DEVICES, DATA, INFORMATION, MATERIALS AND/OR BUSINESS RESULTING FROM INFORMATION OR LACK OF INFORMATION ON THE WEBSITE OR ANY USE OF THE WEBSITE OR ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED FROM THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FROM ANY SECURITY BREACH, VIRUS, BUG, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR OTHER MALFUNCTION.
BECAUSE SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
BECAUSE SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES AND OTHER JURISDICTIONS, EACH OF THE AGS LAB AFFILIATED PARTIES’ LIABILITY IS LIMITED OR EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to use the Website, the Materials, link buttons and any products and/or services provided through the Website only for lawful purposes. Unacceptable uses of the Website include, without limitation: (i) planning or engaging in any illegal activity; (ii) posting, transmitting or disseminating any threatening, false, misleading, abusive, harassing, defamatory, grossly offensive, vulgar, obscene, scandalous, pornographic or malicious statements or materials; (iii) creating, disseminating or transmitting files, graphics, software, recordings or other materials that actually or potentially violate any law or infringe the intellectual property, privacy, publicity or other rights of any third party; (iv) creating a false identity or otherwise attempting to mislead any person as to the origin or source of any communication or information; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on the Website or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, Easter egg, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; (viii) modifying, adapting, translating, replacing, reverse engineering, decompiling or disassembling any portion of the Website; (ix) causing to appear on the Website any pop-up, pop-under, exit windows, expanding buttons, banners, advertisements or anything else which minimizes, covers or otherwise inhibits the full display of the Website’s pages; (ix) using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent or other similar automatic device, program, algorithm or methodology to access, copy, acquire, input or store information, generate impressions or clicks, search or generate searches, or monitor any portion of the Website or the Materials; or (x) engaging in any other activity deemed by us to be in conflict with the spirit or intent of the Website.
REVISIONS TO THE WEBSITE
We reserve the right at any time and from time to time, temporarily or permanently, to: (i) modify or discontinue the Website or any services offered through the Website without notice to you; (ii) limit the Website’s availability to any persons, geographic areas or jurisdictions we choose; (iii) charge fees in connection with the use of the Website or certain portions of the Website and modify and/or waive any such fees and/or (iv) offer opportunities to some or all of the users of the Website. You acknowledge and agree that neither AGS LAB nor any of the other AGS LAB Affiliated Parties shall be liable to you or to any third party for any modification, suspension or discontinuance of all or any portion of the Website, the Materials or any services offered through the Website.
We reserve the right to monitor all network traffic to the Website to identify and/or block unauthorized attempts to: (i) upload content to the Website; (iii) modify the Website’s Materials; and/or (iii) cause damage to the Website in any fashion. Anyone using the Website expressly consents to such monitoring.
You agree to indemnify, defend and hold AGS LAB and the other AGS LAB Affiliated Parties, harmless from and against any and all costs, expenses, fees, including, without limitation attorneys’ fees, charges, expenditures, damages, liabilities and/or other losses of whatsoever nature incurred with respect to, arising from or out of any claim relating to your: (i) access or use of, or inability to access or use, this Website, the Materials, any hyperlinks to this Website, or websites linked to this Website, 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 or infringing upon your intellectual property, privacy or publicity rights; (ii) violation of these Terms and Conditions or (iii) violation of any law or infringement of the intellectual, property, privacy, publicity or other rights of any third party.
AGS LAB CONTROL OF WEBSITE, GOVERNING LAW, VENUE AND JURISDICTION
AGS LAB 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.