This General Terms of Service (this “TOS”), as may be modified or amended periodically by GlobalTradeXchange.com (as defined below), is a legally binding agreement made by and between GlobalTradeXchange.com and you, personally and, if applicable, on behalf of the entity for whom you are using any of GlobalTradeXchange.com’s products or services, (collectively, “you” or “your”). This TOS governs your use of all GlobalTradeXchange.com products and services, including mobile applications and this website (“Services”). Please read it carefully. The “Effective Date” of this TOS is August 31st, 2018.
I. About The Services and The Terms
BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THIS TOS, WHICH CONTAINS WAIVER OF CLASS-ACTION RIGHTS AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE ANY SERVICE. UNLESS OTHERWISE EXPRESSLY STATED, GlobalTradeXchange.com DISCLAIMS ANY AND ALL WARRANTIES WHETHER PROVIDED BY GlobalTradeXchange.com, ITS AFFILIATES, OR ITS RESPECTIVE EMPLOYEES AND AGENTS.
II. User Generated Content Terms
- The Services are FREE for Non-Registered Users and Registered Users who are not Advertisers
- Non-Registered Users
The Services allow users to, among other things, find and compare products and services. The Services may provide paid listings, advertisements or other sponsored information. The Services may also display sponsored information with general, unpaid search results and may not distinguish between these two categories of information. Sponsored listings or other advertisements may also be given priority in display over unpaid listings.
- Registered Users
- The Services allow Registered Users to, among other things, upload information regarding their businesses and their products.
- Registered Users can also recommend and write reviews of other businesses and products.
- As a Registred User, you are entirely and solely responsible and liable for your reviews. You are solely liable for any legal actions resulting from the reviews you write about businesses.
- As a Registred User, you are solely responsible for keeping your password and all other account information confidential and for all use of your username and password, including, without limitation, any use by any unauthorized third party. It is your responsibility to maintain the security of your mobile device(s) from unauthorized access.
- GlobalTradeXchange.com, in its sole and absolute discretion, may terminate access to your account for any reason (including reasons related to unlawful or unauthorized usage, violation of code of conduct and other violations). GlobalTradeXchange.com has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services.
- GlobalTradeXchange.com reserves the right, but not the obligation, to refuse to post or remove any User Generated Content in our sole and absolute discretion
As a Registered User, you represent and warrant that you will not post any of the following:
III. Disclaimers, Exclusions, Limitations, and Indemnity.
- Any content that is unlawful, harmful, offensive, threatening, abusive, harassing, invasive of privacy or publicity rights, defamatory, libelous, vulgar, obscene, pornographic, indecent, lewd, suggestive, profane, hateful, racially, ethnically or otherwise objectionable or inappropriate material of any kind, including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law;
- Political campaigning, chain letters, mass mailings of any kind or any form of SPAM, or reviews that contain the transmission, distribution or delivery of any unsolicited bulk or commercial e-mail or instant messaging;
- Assertions of unlawful conduct, including occurrences of illegal activity, malpractice, purposeful overcharging, or health code violations, or false, misleading, deceptive or fraudulent advertising, including savings claims that do not offer provable savings;
- Individual information of other users or messages soliciting the submission of, email addresses, URLs, phone numbers, postal addresses and/or other personally identifiable information;
- Any content that may infringe any patent, trademark, trade secret, publicity rights, copyright or other intellectual or proprietary right of any party;
- Reviews submitted by the reviewed business's owners, employees (past or present), agents, affiliates and/or competitors;
- Reviews that appear to be exclamatory or otherwise appear to be purposefully deceptive or not based on personal knowledge or experience, as determined by GlobalTradeXchange.com in its sole discretion;
- Content that impersonates, disguises or conceals the identity of any person or entity or otherwise misrepresents a user's affiliation with a person or entity;
- Content that is not legible, that is encrypted or that contains viruses, malware, trojan horses, worms, time bombs, cancelbots or other computer programming code or routines that are intended to interfere with, damage, erase, intercept or appropriate any system, data or personal information; and
- Content that intended to annoy, harass or anger other users.
1. Disclaimer of warranties
- GlobalTradeXchange.com provides the services on an "as is" and "as available" basis. GlobalTradeXchange.com does not represent or warrant that the services, their use, any information provided in connection with the services: (i) will be uninterrupted or secure, (ii) will be free of defects, delays, inaccuracies or errors, (iii) will meet your requirements, or (iv) will operate in the configuration or with hardware or software you use. GlobalTradeXchange.com makes no warranties other than those made expressly in this tos, and hereby disclaims any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability and non-infringement. GlobalTradeXchange.com makes no representation or warranty with respect to any third party materials, information, goods, or services, whether received or accessed via any links provided by or in connection with the services or otherwise. GlobalTradeXchange.com makes no representation or warranty with respect to any goods or services which may be purchased or obtained from GlobalTradeXchange.com or any third party as a result of using the services.
2. Links to other sites
- Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site.
- We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
3. Exclusions of damages
- GlobalTradeXchange.com will not be liable to you or any third party for any consequential, incidental, indirect, punitive or special damages (including, without limitation, damages relating to lost profits, lost data or loss of goodwill) arising out of, relating to or connected with the use of the services, regardless of the cause of action on which they are based, even if advised of the possibility of such damages occurring, including without limitation, the cost of any goods or services which may be purchased or obtained as a result of using the services.
4. Limitations of liability
- In no event will the aggregate liability of GlobalTradeXchange.com resulting from, relating to, or in connection with this TOS or the services exceed the greater of: (i) amounts that you paid GlobalTradeXchange.com for your use of the services; (ii) with respect to services subject to additional terms, the aggregate liability amount specified in such additional terms.
You agree to indemnify, defend and hold GlobalTradeXchange.com and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders ("Indemnified Parties") harmless from any damage, loss, cost or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third party claim, demand or action ("Claim") brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach by you of any provision of this TOS or (ii) arising from, related to, or connected with your use of the Services. If you are obligated to provide indemnification pursuant to this provision, GlobalTradeXchange.com may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle compromise or in any other manner dispose of any Claim without the consent of GlobalTradeXchange.com.