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THE GLOBAL MERCANTILE EXCHANGE, LLC™

TERMS AND CONDITIONS
www.GoMerx.com


By you and/or your enterprise(s), company(ies) and/or corporation(s) and authorized representatives and staff - henceforth collectively known as "you" and "your" - using and submitting your information to the Global Mercantile Exchange,LLC and www.GoMerx.com and owner(s), associate(s) and assignee(s) and their officers, directors, employees, staff, agents, affiliates, associates and subsidiary sites and the contents henceforth collectively known as GoMerx, you agreed that you use GoMerx at your own risk and losses and agreed to and to abide by the following terms and conditions:

1. GoMerx, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, GUARANTEES AND REPRESENTATIONS, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, AND FITNESS FOR PARTICULAR PURPOSE.

2. When using GoMerx, information will be transmitted over mediums that are beyond the control and jurisdiction of GoMerx in USA and other countries. Accordingly, GoMerx assumes no liability for and relating to any and all delays, failures, interruptions, corruptions and/or priracies of any and all your data and information submitted to, in and transmitted by Gomerx and said mediums in connection with your use of GoMerx.

3. You agreed to obey and not to violate the laws including copyrights laws of any and all nations in any and all your submisssions to and conducts and executions of businesses at and through GoMerx.

4. GoMerx and all of its contents are provided on an "as is" basis. The accuracy, reliability, completeness, or timeliness of the contents, software, texts, graphics, links and communications provided on and/or through the use of GoMerx are neither guaranteed nor warranted.

5. GoMerx neither represented nor promised to deliver and perform to affect and produce any and all outcomes and results perceived, desired, expected and/or demanded by and represented, promised or guaranteed to you in any and all settings and circumstances.

6. Nonrefundable payments are due and payable by you upon your submissions or updates prior to your submitted information is processed, activated and distributed by GoMerx and any and all services provided and to be provided to you by GoMerx.

7. You agreed not to submit any and all submission(s) deemed, considered and/or perceived to be violation(s) of the laws of any countries and/or unacceptable, offensive and/or derogatory to any audiences. GoMerx cannot and will not render any assistance. GoMerx reserved all rights to edit, add to, deny, reject, cancel, delete, remove and withhold any and all whole or parts of your submission(s) to and in GoMerx and your participations with and be in GoMerx at any time and without prior notice, explanation and your consent. Under these settings and circumstances, nonrefundable payments are forfeited by you and any and all your outstanding payments are immmediately due and payable to GoMerx.

8. GoMerx reserved all rights to deny, reject, cancel, delete, remove, withhold or deactivate any and all whole or parts of your submission(s) to and in GoMerx and terminate your participations with and presence in GoMerx at any time and without prior notice, explanation and your consent, you agreed to neither hold GoMerx liable nor to seek any and all claims, compensations, actions, demands and settlements including, but not limited to, legal and accounting fees and your losses you sustained resulting from said terminations. If your participation is deemed to be fit for reinstatement at GoMerX's discretion, all terms, conditions, payments and dues must be satisfied and paid in full.

9. Prices are subjected to changes by GoMerx without prior notice, explanation and your consent.

10. You agreed to make only electronic payments online to bank and financial institutions and designated and accepatable to GoMerx and only electronic receipts are issued to you online by GoMerx.

11. You agreed that any and all proceeds and payments of the sales and deliveries of your goods and services are to be withheld in escrows in any banks and financial institutions designated by GoMerx pending satisfactions of deliveries and acceptances of your goods and services by clients and buyers.

12. By your submissions to and being in GoMerx, you assigned the copyrights of your submissions and any and all derivatives of your submissions to Global Mercantile Exchange, LLC and www.GoMerx.com and their owners and their assignees.

13. In no event shall GoMerx be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use GoMerx or the contents, whether based on warranty, contract, tort, or any other legal theory, and whether or not GoMerx or any third parties mentioned in GoMerx are advised of the possibility of such damages. GoMerx, corporations or any third parties mentioned on GoMerx shall be liable only to the extent of actual damages incurred by you, not to exceed USD $1000.00. GoMerx or any third parties mentioned on GoMerx are not liable for any personal injury, including death, caused by your use or misuse of GoMerx or contents provided on and/or through the use of GoMerx. Any claims arising in connection with your use of the Gomerx or any contents must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

14. The satisfaction of any government regulations requiring disclosures of your information in GoMerx.

15. You agreed to defend, indemnify, and hold GoMerx harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

16. In no event shall GoMerx, or any third parties mentioned in GoMerx be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost or stolen information and data or business interruption and termination) resulting from the use of or inability to use GoMerx or the contents, whether based on warranty, contract, tort, or any other legal theory, and whether or not GoMerx, or any third parties mentioned on GoMerx are advised of the possibility of such damages. GoMerx or any third parties mentioned in GoMerx shall be liable only to the extent of actual damages incurred by you, not to exceed USD $1000.00. GoMerx or any third parties mentioned in GoMerx are not liable for any personal injury, including death, caused by your use or misuse of GoMerx or contents provided on and/or through the use of GoMerx. Any claims arising in connection with your use of the Gomerx or any contents must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

17. GoMerx is incorporated in the state of Delaware and based in New York, New York, in the United States of America with principal offices in New York, New York. GoMerx makes no claims that GoMerx and the contents including your information are appropriate, downloaded or pirated in or outside the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access GoMerx in or from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your country and jurisdiction.

18. You expressly agreed that exclusive jurisdiction for any dispute with GoMerx, or in any way relating to your use of GoMerx, resides in the courts of the State of New York and you further agreed and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving GoMerx.

19. Except for these Terms and Condtions, you agreed that there is no other agreement, expressed or implied.

20. These Terms and Conditions are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.




 

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© 2013 Global Mercantile Exchange LLC

P.O. Box 231 Port Washington, New York 11050 USA