Globemart Terms and Conditions

Agreement between user and globemart.com

Welcome to globemart.com. The globemart.com website (the "Site") is comprised of various web pages as well as other related websites, networks, applications, and other services ("Services) provided and operated by Globemart Technologies ("Globemart"). globemart.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of globemart.com constitutes your agreement to all such Terms which are a legally binding contract between you and Globemart regarding your use of the Site and Services.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY CLICKING "I ACCEPT", YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE GLOBEMART PRIVACY POLICY (COLLECTIVELY, THESE "TERMS"). If you are not eligible, or do not agree to these Terms, then you do not have our permission to use the Service.

Service Overview

globemart.com is an E-commerce Site and a SaaS-enabled global marketplace where sellers use the platform and its software tools to post company profile, product information, price lists, packaging information, fulfillment and logistic information, etc. to be exposed to buyers who will use the platform to discover and transact with selected sellers on the purchase of their products worldwide. Globemart offers a powerful content platform to introduce and expose companies and their products to new international markets while integrating a seamless cloud-based technology platform to handle all of their customer engagement, sales, and trade activities. Globemart provides multiple communications and contact management systems, such as Globemail (messaging) and Tradefeed (social network feed), that allows buyers, sellers, and third-parties from all over the world to communicate digitally, share information, and stay connected.

Privacy

Your use of globemart.com is subject to Globemart's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting globemart.com or sending emails to Globemart constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your e-mail address or other contact information). You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure, then you must immediately notify us at support@globemart.com.
You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Globemart is not responsible for third party access to your account that results from theft or misappropriation of your account. Globemart and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Globemart does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use globemart.com only with permission of a parent or guardian.

Cancellation/Refund Policy

You may cancel your subscription at any time. Any cancellations made after 60 days of service will not qualify for a refund. Refunds are made effective on the date of request and are pro-rated based on account status and time of cancellation. Certain restrictions may apply depending on the type of customer account and terms of contract. Please contact us at billing@globemart.com with any questions.

Links to third party sites/Third party services

globemart.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Globemart and Globemart is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Globemart is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Globemart of the site or any association with its operators.

Certain services made available via globemart.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the globemart.com domain, you hereby acknowledge and consent that Globemart may share such information and data with any third party with whom Globemart has a contractual relationship to provide the requested product, service or functionality on behalf of globemart.com users and customers.

Payment

The Service may facilitate payment by you to Third Party Providers for certain services they provide. All fees are in U.S. dollars and are non-refundable unless otherwise determined by Globemart. You authorize Globemart to charge the payment method you specify in your account on behalf of the Third Party Provider or deduct it from specific transactions, as the limited payment collection agent of the Third Party Provider for the services provided by the Third Party Provider, including applicable taxes where required by law. Globemart may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid. Globemart reserves the right to modify fees at any time on a going-forward basis.

Prohibited Conduct.

BY USING THE SERVICE YOU AGREE NOT TO:

  • use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
  • violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;
  • interfere with security-related features of the Service, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law;
  • interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (ii) making unsolicited offers or advertisements to other users of the Service, (iii) attempting to collect, personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
  • perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth;
  • sell or otherwise transfer the access granted herein or any Materials (as defined in Section 12 below) or any right or ability to view, access, or use any Materials; or
  • attempt to do any of the foregoing in this Section, or assist or permit any persons in engaging in any of the activities described in this Section.

    No unlawful or prohibited use/Intellectual Property

    You are granted a non-exclusive, non-transferable, revocable license to access and use globemart.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Globemart that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

    All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Globemart or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

    You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Globemart content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Globemart and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Globemart or our licensors except as expressly authorized by these Terms.

    Use of communication services

    The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

    By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

    Globemart has no obligation to monitor the Communication Services. However, Globemart reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Globemart reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

    Globemart reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Globemart's sole discretion.

    Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Globemart does not control or endorse the content, messages or information found in any Communication Service and, therefore, Globemart specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Globemart spokespersons, and their views do not necessarily reflect those of Globemart.

    Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

    Materials provided to globemart.com or posted on any Globemart web page

    Globemart does not claim ownership of the materials you provide to globemart.com (including feedback and suggestions) or post, upload, input or submit to any Globemart Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Globemart, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

    No compensation will be paid with respect to the use of your Submission, as provided herein. Globemart is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Globemart's sole discretion.

    By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

    Third Party Accounts

    You will be able to connect your Globemart account to third party accounts. By connecting your Globemart account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

    International Users

    The Service is controlled, operated and administered by Globemart from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Globemart Content accessed through globemart.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

    Indemnification

    You agree to indemnify, defend and hold harmless Globemart, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, your violation of any applicable laws, rules or regulations, or any disputes or issues between you and any third party, including Third Party Providers. Globemart reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Globemart in asserting any available defenses.

    Liability disclaimer

    THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GLOBEMART TECHNOLOGIES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

    GLOBEMART TECHNOLOGIES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. GLOBEMART TECHNOLOGIES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GLOBEMART TECHNOLOGIES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GLOBEMART TECHNOLOGIES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

    Termination/access restriction; Discontinuation and Modification of the Service

    If you violate any provision of these Terms, your permission to use the Service will terminate automatically. Additionally, Globemart, in its sole discretion may terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at support@globemart.com. If you terminate your account, you will remain obligated to pay all outstanding and/or pro-rated fees, if any, relating to your use of the Service incurred prior to termination.
    To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

    You agree that no joint venture, partnership, employment, or agency relationship exists between you and Globemart as a result of this agreement or use of the Site. Globemart's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Globemart's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Globemart with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

    General

    These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Globemart regarding your use of and access to the Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. This supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Globemart with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

    Dispute Resolution and Arbitration

  • Generally. In the interest of resolving disputes between you and Globemart in the most expedient and cost effective manner, you and Globemart agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Globemart ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
  • Exceptions. Despite the provisions of Section above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
  • Arbitrator. Any arbitration between you and Globemart will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Globemart. The Federal Arbitration Act will govern the interpretation and enforcement of this Section 18.
  • Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice"). Globemart's address for Notice is listed below. The Notice must: (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after Notice is received, you or Globemart may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Globemart must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Globemart will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Globemart in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
  • Fees. If you commence arbitration in accordance with these Terms, Globemart will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Los Angeles, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county or parish of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Globemart for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
  • No Class Actions. YOU AND GLOBEMART AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Globemart agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
  • Modification of This Arbitration Provision. If Globemart makes any future change to this arbitration provision other than a change to Globemart's address for Notice, you may reject the change by sending us written notice within 30 days of the change to Globemart's address for Notice, in which case your account with Globemart will be immediately terminated and this arbitration provision, as in effect immediately prior to the change you rejected, will survive.
  • Enforceability. If any Section is found to be unenforceable or if the entirety of this Section is found to be unenforceable, then the entirety of this Section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue of the State of California will govern any action arising out of or related to these Terms.

    Changes to Terms

    Globemart reserves the right, in its sole discretion, to change the Terms under which globemart.com is offered. The most current version of the Terms will supersede all previous versions. Globemart encourages you to periodically review the Terms to stay informed of our updates. In the event that a change to these Terms materially modifies your rights or obligations, you will be required to accept such modified terms in order to continue to use the Service. Material modifications are effective upon your acceptance of such the modified Terms. Immaterial modifications are effective upon publication. For the avoidance of doubt, disputes arising under these Terms will be resolved in accordance with these Terms in effect that the time the dispute arose.

    Contact Us

    Globemart welcomes your questions or comments regarding the Terms:

    Globemart Technologies
    3435 Wilshire Blvd.
    Los Angeles, California 90010
    legal@globemart.com
    1-844-GLOBEMART
    Effective as of January 01, 2015
    © 2008 - 2015 Globemart. All rights reserved.