Terms & Condition

GEMS Terms and Conditions

GEMS Terms and Conditions

Welcome to the world of GEMS®. GEMS® provides educational services which include video lectures, quizzes, exercise files and online community features. Below is a detailed explanation of our terms and conditions. You should read and understand them as they govern your use of our service.

User Agreement for Access to the GEMS Enrichment.Com

  1. General Disclaimers
  2. Terms of agreement provide for the legal terms by which you are bound when you use GEMS® services. If you use GEMS® services, then you are bound by these legal terms whether or not you are a member of GEMS®. You can only use GEMS® services if you accept these terms of agreement. If you do not accept these terms then you should not use any of the GEMS® services. You must also accept the rule that GEMS® has the power/authority to change any part of its services and its charges according to its wish. If GEMS® finds out that you have broken this Agreement, then, at any time, GEMS® may remove your posts, and suspend or terminate your access to a part or all of the GEMS® Services.

  3. Eligibility
  4. GEMS® services should not be used where they are prohibited. GEMS® services are only meant for adults or children 13 years old or older. If a child is below 13 years old then his/her registration should be done by a parent or legal guardian. Parents are also allowed to utilize GEMS® services.

  5. Billing Conditions
  6. Subscriber is required to pay within the first two weeks of joining the class for each quarter.

  7. Proper Use
  8. In order to use GEMS® services you must

    • Provide legitimate and complete information about yourself while registering
    • Keep your password and identity confidential.
    • Keep your information current and complete.
    • Be fully responsible for your account. You agree to be fully responsible for activities or transactions that relate to your account or your password. You must notify GEMS immediately if you learn of an unauthorized use of your password. If GEMS® finds out or believes that the information you provided is false, not complete or current, then GEMS® may suspend or terminate your account.

  9. Prohibited use
  10. You must accept that you will not use GEMS® services to take any of the following steps

    • Abuse or harass others or their legal rights.
    • Share your login and password with others.
    • Post any illegal or adult content.
    • Use any methods which try to circumvent any legal copyright issues or gain control over license-enforcement mechanisms that are utilized to guard the content made available by GEMS® services.
    • Imitate, copy, or sell for any purposes any data given by GEMS® services.
    • Request personal information from any other user.
    • Transfer files which have viruses or any other adware or malware or any other similar programs which can damage or adversely affect the other person’s computer, our sites or any other communication equipment.
    • Promote and offer to sell any products or services for any business purpose.
    • Promote surveys, contests, illegal stuff or any chain letters.
    • Disrupt or interrupt GEMS®’s websites and networks.
    • Defame any person or entity or falsely state or misrepresent your affiliation with a person.
    • Indulge yourself in illegal activities. You accept that you will only send and get information and materials which are legitimate and associated with GEMS® services.
    • Use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Users who violate systems or network security may incur criminal or civil liability.

  11. License to User Contributions
  12. The GEMS® services are meant for you to provide and distribute content and take part in discussion threads and other forums. You are responsible fully for all the content and stuff which is posted in the forum or is transferred privately. You represent that you have all the legitimate property rights in the content or stuff you contribute. When you distribute or publish any content or material through GEMS® services, you give GEMS® a restricted power or license to utilize, modify, remove, add, display in the public, reproduce and distribute such content without limitation. GEMS® will also have the power to retain and utilize comments, feedback suggestions or any other information for any purpose. The license will apply to transfer or distribution in any form or technology. If you would like to notify us of content which you believe does not comply with these Terms and Conditions of Use, please fill out our feedback form. Make sure to include both the Uniform Resource Locator ("URL") for the non-complying content, and the reasons you believe it does not comply. We do our absolute best to monitor comments on the site, however you understand that in using this site, you may be exposed to materials that are objectionable as set forth above. You hereby waive and agree to waive all rights, claims, and actions in law or equity against GEMS® arising from your exposure to such materials.
  13. Intellectual Property Rights
  14. The GEMS® services have copyright, trademark and legal laws and GEMS® has the power and rights in the GEMS® services. Without the prior written permission of GEMS®, you cannot use GEMS®'s copyrights, trademarks, patents and trade secrets. GEMS® and its users or licensors own all materials and stuff which are made available through the GEMS® services. Modification, imitation, copy, distribution, reproduction, or republication of any content made available through GEMS® services is prohibited and should not be done without prior written permission of GEMS®. All eligible members are allowed a restricted license to access and utilization of GEMS® services and to download and get a copy of data posted on the GEMS® website only for your personal or non-business use. At any time this license is revocable without any notice or any reason.
  15. Copyright violations
  16. GEMS® always replies promptly to any claims of misuse of property. If you are sure that your work or content has been copied or imitated and is made available on the GEMS® services in a way that comprises of copyright infringement, you must notify GEMS®'s copyright agent with the following information in writing:
    • The digital or physical sign of the owner of the copyright or of the person who has to act on the owner’s behalf.
    • Identity and location of the copyrighted material which you claim has been copied.
    • Identity and location of the work which has been claimed copied including its location on the GEMS® Services.
    • Your general basic details like name, address, contact number and email address.
    • A statement made by you that you have a firm belief that use of the material or content is not authorized by the copyright owner, its agent or the law.
    • Under penalty of perjury, a statement should be submitted that the above information in your notice is legitimate and that you are the copyright owner or are allowed to act on the behalf of the copyright’s owner.
    After receiving the claim of infringement, GEMS® will assess and investigate the matter and will take necessary actions under the DMCA and any other related property laws. When proof in accordance with DMCA is found out, GEMS® will remove or restrict access to any content claimed to be copied and take necessary steps to notify you that the content or article has been removed.
  17. Mailings
  18. If you want to get email updates from GEMS® for example when you create an account on GEMS® and submit your email address and check mark the box saying receive emails from GEMS® you are giving consent to receive emails from us about our products, services or any other news. Terms of Service will apply to all such emails as all such emails will be considered as a part of GEMS® services.
  19. Third Party Links
  20. The provision of links to websites or locations other than GEMS® is for your convenience only and it does not signify our affiliation with any such websites or locations. We do not review and have no power or access over these websites and locations and their content.
  21. No Warranty
  22. The accuracy or the integrity of the content contained in the GEMS® services is not guaranteed. You should not be dependent on any of the content of GEMS® services. We are not liable for the posts made by the users in any section of the GEMS® services. You may see content which you may find offensive, rude or false and you have to bear all the dangers associated with use of that content. We are not obliged to remove any content which violates these terms of service but we do have the right to remove it. The content provided in GEMS® services is “AS IS” and GEMS® does not guarantee that any of the content is legitimate, reliable and complete. ACCORDINGLY, GEMS®, ITS SUPPLIERS AND OTHER MEMBERS CONTRIBUTING INFORMATION TO THE GEMS® SERVICES DO NOT WARRANT THAT THE CONTENT WILL MEET YOUR NEEDS OR THAT GEMS® SERVICES WILL BE PROVIDED WITHOUT INTERRUPTION OR BUG FREE. YOU ARE PROVIDED WITH THIS INFORMATION WITHOUT ANY EXPRESS OR IMPLED WARRANTY OF ANY KIND WHICH INCLUDES WITHOUT LIMITATION. ANY IMPLIED WARRANTIES OF MERCHANTABILITY WHICH MAY BE THERE ARE ONLY FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
  23. Limitation of Liability
  24. GEMS®, its suppliers or anyone else who is involved with the creation, distribution and delivery of GEMS® services will not be liable in any case for any direct or indirect harm including without limitation (profits lost, data deleted) which may arise out of the utilization of GEMS® services, even if GEMS® has been informed of the chances of such damages. Further, we shall not be liable in any way for third party goods and services offered through this site or through third party websites linked to from this site.
  25. Indemnification
  26. You should accept to indemnify and protect GEMS® and all of its officers, partners and employees against any liability, losses or costs which include attorney fees incurred by GEMS® in association with any claim, which includes any liability or expense arising out of the utilization of GEMS® services. Specifically, you agree to indemnify and hold GEMS® harmless from any liabilities made by any third party due to or arising out of (a) your use or misuse of the site or services, which also includes the content and the stuff you submit to GEMS® services., (b) the viewing of content or video, (c) the violation of laws, rules, regulations or terms this agreement, (d) your failure to comply with GEMS® terms of service or other terms of any open source licenses, if applicable,(e) infringement by your content, by you, or by someone using your account, of any intellectual property or any other right of any person or entity. GEMS® reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with GEMS® in asserting any available defenses. You will be provided with written notice of such suit or claim by GEMS®.
  27. Arbitration
  28. These Terms of Use provide that all disputes between you and GEMS® will be resolved by binding arbitration. American Arbitration Association will settle any controversy or claim arising out of or relating to this Agreement. American Arbitration Association will arbitrate any controversy or claim on an individual basis and will never mix up with any claim or controversy of any other party. The arbitration will be done in Michigan, and the decision on the arbitration award may be entered in to any law court. On the contrary GEMS® will not withstand anything and may seek injunctions or some forms of relief from any court of competent jurisdiction.
  29. Miscellaneous
  30. The entire agreement between you and GEMS® services is constituted in this Agreement. If any part of the provision of this Agreement is found out to be inaccurate or false, then such provision will be removed and it will be replaced by a legitimate enforceable provision which closely resembles the original provision along with the enforcement of the rest of the provisions. The interpretation of this Agreement will be done in accordance with the Laws of the State of Michigan.