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Website Rules

GMEX - The Global Material Exchange and its websites, including www.gmex.com (individuallyor collectively, the "Company" or "we"), and subject in all respects to the User Agreement (the "User Agreement") which must be accepted to be a registered user of this website. By agreeing to the User Agreement, and then subsequently using this website, you are agreeing to comply with these Website Rules. We may amend these Website Rules at any time by posting the amended Website Rules on our website. Your continued use of this website after our posting of any changes will constitute your acceptance of such changes.

1.LISTING REQUIREMENTS
When you list goods for sale on this website, you represent and warrant that you have the authority to sell such goods, free and clear of any liens, claims or other encumbrances. You further agree to use commercially reasonable efforts to supply accurate information for each listing, and will be solely responsible for the listing information you provide.

2.SUBSCRIPTION FEES
Buyer Subscription Fee: $199 per month.
Seller Subscription Fee: $229 per month.
Buyer and Seller Subscription Fee: $249 per month.

      Buyer Subscription Fee: $1990 per month. 
Seller Subscription Fee: $2290 per month. 
Buyer and Seller Subscription Fee: $2490 per month.

     **Subject to change with full notice.

 

3.CLAIMS OF MATERIAL DISCREPANCIES
Any claims of material shortages in quantity or other material discrepancies of the goods from their posted description must be addressed and communicated between the Seller and Buyer.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY LOSS, CLAIM, DAMAGE OR EXPENSE, OR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, DIRECTLY OR INDIRECTLY ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

4.TAXES
In any transaction on this website, buyer and seller are responsible for determining whether sales, use, VAT, GST, transfer, ad valorem or other similar taxes of any taxing authority apply to the transaction and to collect, report and remit the correct tax to the appropriate tax authority. Unless otherwise agreed with the seller, the Company is not obligated to determine whether any such taxes apply and is not responsible for collecting, remitting or reporting any such taxes arising from any transaction.

5.NO AGENCY

The relationship between a User and the Company is that of an independent contractor. No agency, partnership, joint venture or franchise relationship is implied, intended or created by the terms and conditions of this User Agreement.

6.USER CONDUCT AND BEHAVIOR

Each User who uses the Company's Site represents, warrants and agrees that it will not:

·Falsify or misrepresent any personal or business information regarding its identity or intentions with respect to any matter, at any time, while using this site or in subsequent communications between parties that may result as an outcome of one party's use of this Site;

·Post, publish, transmit, distribute, or upload any information through the Site that the Company, in its sole and absolute discretion, deems unlawful, obscene, derogatory, abusive, threatening, discriminatory with respect to race or gender, or is otherwise disagreeable;

·Post, publish, transmit, distribute, or upload any information through the Site that contains a virus, or any other harmful software code or programming routine;

·Post, publish, transmit, distribute, or upload any information through the Site that is unlawful, fraudulent, or otherwise disagreeable, including without limitation, any information, communication or transmission that constitutes or supports the commission of any illegal activity or any violation of local, state, national or foreign law, including without limitation any export laws and regulations;

·Post, publish, transmit, distribute, or upload any information through the Site that violates any copyright, trademark or any other proprietary intellectual property rights of others, unless the User has obtained permission from such owner;

·Post, publish, transmit, distribute, or upload through the Site any bulk e-mail solicitations, chain letters, solicitations, advertisements, pyramid schemes or any other unsolicited communication, including, without limitation, spamming the Company's Users;

·Use, reproduce, distribute, publish or communicate any information obtained from the Site, including any transaction activity or listings, for any commercial reason, unless such activity has been expressly approved by the Company;

 

7.SELLER CONDUCT AND BEHAVIOR

Each User who applies for and is categorized as a Seller, and who thereafter uses the Company's Site to sell merchandise of any kind, represents, warrants and agrees to the following:

·Sellers are not in any way restricted from contacting Buyers directly. Although it is preferable to the buyers and Company that the Seller utilize this Site to highest and utmost use as a communications service and information management tool, Sellers are in no way required to use this Site exclusively for the purposes of conducting commercial activity as a result of inquiries and RFQs generated from this Site. A Seller who receives an RFQ from a Buyer is encouraged to respond, and a consistent failure to respond to RFQs can lead the Company, in its sole and absolute discretion, to take away the Seller's privileges of access to the Site.

·Seller is solely responsible for the accuracy, completeness and validity of all information describing the item listed on the Site (the "Listing Information"). A Seller who posts merchandise for sale represents and warrants that it is the lawful owner of all listed property, and has good and valid title to transfer or convey the same. Each Seller represents and warrants that all Listing Information provided is accurate and truthful regarding the type, quantity, quality, condition, and the availability of documentation concerning the property posted by the Seller on the Site. Seller understands and agrees that the Company, at its sole discretion, may take any action it deems necessary to review, edit or remove any Listing Information provided with respect to any item posted by a Seller.

·No Unlawful Items. Seller agrees that it will not attempt to sell any illegal items of any kind through the Site. This may include, but not be limited to radioactive materials or controlled substances such as material prohibited for sale by the US government.

·Good Faith Negotiations and Transactions. All negotiations or transactions in which a Seller participates require that the Seller participate in good faith and adheres to the highest professional standards and etiquette. The Company reserves the sole and exclusive right to monitor the performance of each Seller and solicit the feedback of Buyers to maintain the integrity of this Site and its activities. The Company, at its sole and complete discretion, may terminate the access to this Site by Sellers who the Company deems are not adhering to the professional standards and spirit of this Site as defined solely by the Company on a case-by-case basis.

·No Listing Fees. A Seller does not have to pay any fees (in addition to Subscription fee)to the Company in order to list items for sale.

·Seller Ratings:A key factor to the success of the Site is to assure that materials listed in the Site are in fact available. A Seller who lists material for sale in the Site may be deemed not in good standing if the Seller lists material in the Site that is not available when a Buyer solicits the material. The Company will maintain a rating of Sellers who use the Site to alert Buyers concerning the history of each Seller and, in particular, whether such Seller has listed materials and then failed to consummate a transaction. The Company reserves the right, in its sole and absolute discretion, to terminate the privileges of a Seller to use the Site if the Seller fails to complete a sale after listing materials for sale in the Site.

·Title Transfers are to be negotiated between Buyer and Seller. Buyer and Seller are jointly responsible for negotiating delivery terms, including when title passes, the party bearing the costs of delivery, and so forth, and the Company is expressly indemnified and held harmless by the parties from any such liabilities.

·Company is Not a Party to Transactions; Fees Are Due On Agreement. The Company is not a party to transactions completed between Buyer and Seller, and the payment and collection of funds is entirely the responsibility of the parties to the transaction.

 

8.BUYER CONDUCT AND BEHAVIOR

Each User(s) who applies for and is categorized as a Buyer, and who thereafter use the Company's Site to buy or purchase merchandise of any kind, represents, warrants and agrees as follows:

·Representation of Capacity and Intent. Buyer, by bidding on any posted item on the Site or by sending an RFQ for any item is representing Buyer's intention and financial capability to purchase that item.

·Good Faith Negotiations and Transactions. All inquires made by Buyers, or negotiations or transactions in which a Buyer participates require that the Buyer participate in good faith and adheres to the highest professional standards and etiquette. The Company reserves the sole and exclusive right to monitor the performance of each Buyer and solicit the feedback of Sellers to maintain the integrity of this Site and its activities. The Company, at its sole and complete discretion, may terminate the access to this Site by Buyers who the Company deems are not adhering to the professional standards and spirit of this Site as defined solely by the Company on a case-by-case basis.

·Buyer Observe Confidentiality. Buyers are expected to adhere to any confidentiality or geographic selling restrictions imposed by Seller.

·Buyer Must Use Its Registered Name. Buyer may not participate on the Company's Site by any other name than that provided in the Buyer's Registration Application.

·Title Transfers are to be Negotiated between Buyer and Seller. Buyer and Seller are jointly responsible for negotiating delivery terms, including when title passes, the party bearing the costs of delivery, and so forth, and the Company is expressly indemnified and held harmless by the parties from any such liabilities.

·Company is Not a Party to Transactions; Fees Are Due On Agreement. The Company is not a party to transactions completed between Buyer and Seller, and the payment and collection of funds is entirely the responsibility of the parties to the transaction.

 

9.SUPERVISION

The Company reserves the right to supervise all material, content and information on its Site, including, but not limited to, User registration data, product and Seller search activity, Seller's product capabilities, Buyer and Seller performance assessment data, material property data, utilities and member information features (refer inquiries to This email address is being protected from spambots. You need JavaScript enabled to view it.) to determine compliance with the terms and conditions of this User Agreement and all current and future operating procedures and rules of conduct established by the Company. The Company reserves the right, at its sole and absolute discretion, to amend, edit, remove or otherwise block any material posted by a User which may violate any state, federal or local law or violate any aspect of this User Agreement. However, the Company does not assume responsibility for verifying the material, content and information on its Site and is not responsible for any damages, losses, expenses or other injuries incurred by any User as a result of relying on any material, content and information posted on the Company's Site. Users agree to indemnify and hold harmless the Company from any damages, losses, expenses or other injuries incurred by any User as a result of using any aspect of the Company's Site.

 

10.LINKS TO THIRD PARTIES’ WEB SITES

This Site may contain links and pointers to Internet sites maintained by third parties. The Company does not operate or control in any respect any information, products or services on such third-party sites. Third party links and pointers are included solely for the convenience of Users, and do not constitute any endorsement by the Company. User assumes sole responsibility for use of third party links and pointers. Unless another party has entered into a written agreement with the Company, a party may only provide a hypertext link to the Site on another web site, and only if such hyperlink complies with all of the following conditions: 1) the link must be a text-only link clearly marked as "www.gmex.com"; 2) the link must "point" to the URL "http://www.gmex.com" and not to any other pages within the site; 3) the link, when activated by a user, must display the Site full-screen and not with a "frame" on the linking web site; and 4) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with the name and trademarks of the Company and the Site and must not create the false appearance that the Company or the Site is associated with the linking web site. The Company reserves the right to selectively revoke its consent to any link at any time in the Company's sole and absolute discretion.

 

11.REFUND POLICY

A refunds for a monthly subscription (for the currently month only) will be considered if and only if User requests a refund within 7 days of subscription date.No refunds will be considered beginning on the 8th day after the subscription date.
Example: if User subscribes on the 15th of the month, refunds will NOT be considered after 22nd of the month.

 

12.LISTING REMOVAL POLICY:
Once a transaction is completed between Buyer and Seller, Seller agrees to remove the corresponding listing from the Site within 24 hours of the completed transaction.

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