JTV Gemological Training Center Terms and Conditions
Welcome to the JTV Gemological Training Center by America’s Collectibles Network, Inc (an ATC of Gem-A hereafter “ATC”). These terms form a binding agreement between the student (hereafter “student” or “you”) and the ATC. By registering for a Gem-A course, you agree to be bound by these terms along with Gem-A ATC’s Student Terms and Conditions.
Payment.
By registering for the course, you agree that the ATC may charge your payment card for the full amount of the course(s) plus any applicable taxes at the time of registration. The full purchase price is only refundable according to the following schedule:
100% refund if the request is made more than 60 days prior to the ATC Course commencement date, the study materials have not been opened, and they are returned to Gem-A/the ATC in resaleable condition.
50% refund if the request is made between 30 to 60 days prior to the ATC Course commencement date, the study materials have not been opened and they are returned to Gem-A/the ATC in resaleable condition.
0% refund if the request is made within 30 days of the ATC course commencement date.
Registration.
Students must register for a course at least 28 days before the course commencement date. After this time, you will not be guaranteed a spot in the class.
You are responsible for ensuring that you are eligible to take any course(s) before registering. You are also responsible for ensuring that you are available to sit for the exam date scheduled by Gem-A for your selected course(s). After registration, refunds will only be given for any reason in accordance with the schedule listed above.
Class Materials.
All class materials will be given to you at the ATC headquarters located in Knoxville, Tennessee, and not shipped directly to your mailing address. Each student should have access to a computer to complete the online learning portion of the course(s).
Your Information.
You hereby give permission to the ATC to use the information you provide to the ATC (including name, address, e-mail, and other contact information that identifies you), so the ATC can provide the course(s) and related services to you, which includes providing your information to Gem-A. For more information on ATC’s use of your personal information, please visit https://www.jtv.com/help/privacy-policy.
Representations and Warranties.
By registering for course(s), you make the following representations and warranties:
- You are eligible to take the Gem-A course(s).
- You will abide by the policies given to you at the beginning of the class and available on Gem-A’s website. If you fail to adhere to these policies and/or these terms and conditions, Gem-A and ATC reserve the right to remove you from the course(s). Any refund of fees paid will be made in the sole discretion of ATC.
- You will only use study course notes, study materials, and e-learning platform provided by the ATC to complete the course(s) and for no other purpose. All such intellectual property rights in any such materials remains with Gem-A (if it originates from that institution), or the ATC (if it originates from that entity).
Indemnity.
You agree to defend, indemnify and hold harmless the ATC, its affiliates, employees, officers, directors, and agents from any claim, losses, damages, liabilities, costs, or demand, including reasonable attorney's fees, arising out of or relating to your breach of this Agreement or your registration in or participation in any course(s) ; provided, however, this indemnity shall not apply to any claim, losses, damages, liabilities, costs or demands resulting from ATC’s gross negligence or willful misconduct.
Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL ATC, OR THE RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS OF ATC OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE. EVEN IF ATC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ATC’S LIABILITY EXCEED THE FEES YOU PAID TO ATC TO TAKE THE COURSE.
ARBITRATION.
ANY CONTROVERSY OR CLAIM EITHER PARTY MAY HAVE AGAINST THE OTHER, WHETHER PRE-EXISTING, PRESENT OR FUTURE, IN CONTRACT OR TORT OR OTHERWISE, ARISING OUT OF, ARISING UNDER OR RELATING IN ANY MANNER TO ANY COURSE (S) PURCHASED FROM ATC (ON EITHER THE WEBSITES OR THE NETWORK, OR THROUGH THE CALL CENTER), THIS AGREEMENT, CUSTOMER INFORMATION, OR DATA SECURITY SHALL BE SETTLED EXCLUSIVELY AND FINALLY BY INDIVIDUAL BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) USING THE AAA'S RULES AND PROCEDURES APPLICABLE TO CONSUMER DISPUTES. THE AAA’S RULES ARE AVAILABLE AT WWW.ADR.ORG OR BY CALLING 1-800-778-7879. ANY DECISION OR AWARD AS A RESULT OF ANY SUCH ARBITRATION PROCEEDING SHALL BE IN WRITING AND FINAL AND SHALL PROVIDE AN EXPLANATION FOR ALL CONCLUSIONS OF LAW AND FACT. THE ARBITRATOR SHALL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN COURT UNDER LAW OR IN EQUITY AND SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO ARBITRABILITY AND/OR ENFORCEABILITY OF THIS ARBITRATION PROVISON, INCLUIDNG ANY UNCONSCIONABILITY CHALLENGE OR ANY OTHER CHALLENGE THAT THE ARBITRATION PROVISION OF THIS AGREEMENT IS VOID, VOIDABLE OR OTHERWISE INVALID. AN AWARD OF ARBITRATION MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION IN THE VENUE IN WHICH THE ARBITRATION IS CONDUCTED. SUCH ARBITRATION SHALL BE SPECIFIC TO YOU. PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA'S RULES. ATC WILL REIMBURSE THOSE FEES FOR CLAIMS TOTALING LESS THAN $5,000.00 UNLESS THE ARBITRATOR DETERMINES YOUR CLAIMS ARE FRIVOLOUS.
CLASS ACTION WAIVER.
YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN OR BRING ANY CLASS ACTION AGAINST ATC, EITHER IN ARBITRATION OR IN ANY COURT, AS A LEAD PLAINTIFF, CLASS REPRESENTATIVE, CLASS MEMBER, OR PRIVATE ATTORNEY GENERAL OR AS PART OF A CONSOLIDATED ACTION.
CERTAIN SMALL CLAIMS.
FOR CLAIMS THAT DO NOT EXCEED $5,000 AND DO NOT INVOLVE A REQUEST FOR AN INJUNCTION OR OTHER EQUITABLE RELIEF, BOTH PARTIES RETAIN THE RIGHT TO SEEK ADJUDICATION IN A COURT IN THE COUNTY OF YOUR RESIDENCE. YOU WAIVE ANY RIGHT TO CONSOLIDATE OR OTHERWISE COMBINE YOUR CLAIM WITH ANY CLAIM(S) FILED BY OTHER PERSONS.
INTELLECTUAL PROPERTY DISPUTES.
NOTWITHSTANDING LANGUAGE IN THIS AGREEMENT TO THE CONTRARY, EITHER YOU OR ATC MAY FILE SUIT IN COURT TO ASSERT INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY.
EXCLUSIVE VENUE AND JURY TRIAL WAIVER.
IN THE EVENT THE FOREGOING AGREEMENT TO ARBITRATE IS HELD TO BE UNENFORCEABLE BY ANY COURT OR ARBITRATOR, YOU AND ATC AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS LOCATED IN KNOX COUNTY, TENNESSEE TO RESOLVE ANY CLAIM. YOU ALSO AGREE TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS FOR INTELLECTUAL PROPERTY DISPUTES. IN EITHER SITUATION, WE BOTH AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL.
TIME LIMIT ON CLAIMS. EXCEPT FOR CLAIMS CONCERNING INTELLECTUAL PROPERTY AND INDEMNITY, YOU AGREE THAT ALL CLAIMS YOU HAVE AGAINST ATC MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR SUCH CLAIM OR CAUSE OF ACTION SHALL BE BARRED. (“CLAIM” IS DEFINED IN THE ABOVE SECTION ADDRESSING ARBITRATION).
General.
No waiver by ATC of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the terms herein and shall not affect the validity and enforceability other provisions of the Agreement. The headings and captions in this Agreement are intended for convenience only and shall in no way affect the interpretation of the Agreement.
ATC shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
Amendments and Modifications.
ATC reserves the right to amend and/or modify these terms at any time with no notice to you. It is your responsibility to check for any such changes.
Last Updated On January 30, 2020
