GMI Trading - Terms of Use

IMPORTANT NOTICE: THE INFORMATION CONTAINED HEREIN ALONG WITH THE DOCUMENTS, INCLUDING BUT NOT LIMITED TO INTAKE QUESTIONNAIRE, SALES FORMS, PURCHASE ORDERS, INVOICES, AND OTHER DOCUMENTS BETWEEN THE PARTIES SET FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED HEREBY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS ONLY IN ORDER TO RESOLVE DISPUTES.

PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF.

You may not order or obtain products or services from this website unless and until you:

AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY
ARE AT LEAST 18 YEARS OLD
HAVE THE LEGAL AUTHORITY TO BIND THE ORGANIZATION THAT YOU REPRESENT, IF ANY, TO THESE TERMS AND CONDITIONS
ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, PRODUCTS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION

1. Applicability of Terms and Conditions

These terms and conditions ("Terms") shall apply to the person, entity, or group that is customer and employees or agents acting on behalf of the customer (Customer, you, or your) to make purchase of products and related Services, including but not limited to use of the Site, account on the Site, access and use of the offerings and programs, including loyalty programs, and any relationship and interaction between you and Company through https://www.gmi-trading.com/ and/or through its mobile application ("Site").

Subject to the terms and conditions of these Terms, the Company grants you a revocable, non-transferable right, non-exclusive license to access and use of the Site and the features associated with the Site solely for the internal use by the Customer in accordance with these Terms.

These Terms are subject to change at any time without prior written notice by GMI TRADING LLC and/or its affiliates and subsidiaries (collectively referred to herein as either "Company," "we," "us," or "our"). The most recent version of these Terms shall be posted for your review at any time on the Site.

2. Your Account

You may be permitted or required to create an Account on or through our Site to use the Services to place Online Orders and enjoy other Services. You agree to provide us with accurate and complete information requested in the registration process and to inform us of any updates to such information on an ongoing basis to keep it accurate and complete.

Your use of the Site and/or Account may also be covered by other terms and conditions such as LodDepot or other third-party provider's terms and conditions. You agree to such additional terms, and, unless otherwise provided in those separate terms, you agree to use and access your Account solely for lawful purposes consistent with the service(s) and program(s) offered through the Account.

3. Using Your Account is Your Responsibility

You are solely responsible for any authorized or unauthorized access to and/or use of your Account and/or Services, including without limitation to all charges incurred through your Account. You agree that any actions taken, any information provided, any instructions or purchase order furnished by any person using the Account will be attributed to and will be binding upon and enforceable against the Customer.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. The Company will not be liable for any losses, damages, lawsuits, course of actions, fines, penalties, and other expenses, including reasonable attorney's fees arising from or out of use of the Services or the Account.

4. Representations & Warranties of the Customer

(a) General Representations

You represent and warrant to us as follows:

That you have the right to enter any transaction contemplated hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party
That you will use the products and services provided hereunder exactly as authorized and never in any way that would violate any applicable law, terms and conditions for the use of Services and/or the Account

(b) Prohibited Activities

You agree that you will not directly or indirectly, introduce or submit any information through the Site or by using the Services that:

Is false or misleading, fraudulent, fictitious, counterfeit or stolen
Violates any federal, state, or local laws and regulations
Attempts to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services or the Site
Circumvents, disables, or otherwise interferes with security-related features of the Services or the Site
Uses any viruses, Trojan horses, worms, time bombs, or other harmful computer programming routines
Uses the Site or Services in any manner not permitted by these Terms and Conditions

5. Termination of the Account

We reserve the right to suspend or terminate your Account at any time, with or without notice to you if you violate any of these Terms and Conditions. Upon termination of your account, you shall not have any further access to your account. Any suspension or termination of your account shall not affect your obligations under these Terms, including but not limited to indemnification, any representations and warranties made by you, and limitation of liability.

6. Indemnification

You agree to defend, indemnify, and hold harmless the Company, and its affiliates and subsidiaries and all of its/their respective officers, directors, employees, owners, agents, information and service providers, licensors and licensees, for, from, and against any and all third party claims, complaints, suits, actions, demands, enforcement actions, penalties, fines, fees, interest, awards, settlement awards, judgements, arbitrations, mediations, investigations, charges, liabilities, losses, damages, expenses, and costs (including reasonable attorney fees) arising from, related to, or in connection with:

Accessing, using (including but not limited to an unauthorized use), and/or misusing any of the Services and/or the Account
Unauthorized access to the Account and/or Services
Breach of these Terms
Violation of any law or regulation related to access, used of the Account and/or Services
Breach of third party intellectual property rights
Any other matter for which you are responsible under the law

The foregoing provision is enforceable in the State of New Jersey, the State of New York, State of Pennsylvania, and State of Florida.

7. Online Orders

When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. You understand and agree that the mere inclusion of the product on the Site, does not constitute the offer. We reserve the right to accept or reject any order in our own discretion.

Should we elect to accept your offer, you will receive a confirmation email to the email address that you provided at the time of establishing an account with us. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion.

Additionally, you have the option to cancel your order (in its entirety only) at any time prior to the confirmation e-mail referenced therein.

8. Payment, Shipping, Returns

You hereby agree that payment terms, credit terms, shipping and delivery, return policy, and other certain obligations will be governed by the sales documentation agreed by you and the Company, and Terms along with the other sales documentation of the parties constitute one binding agreement between you and the Company.

9. Content of the Site

All information, data, materials, text, graphics, images, and other content available on the Site, including third party content (collectively, "Content") are provided for informational purposes and personal uses only (unless we agree in writing).

We grant you a personal, non-exclusive, non-transferable, non-assignable, non-sublicensable, limited license to access and/or use the Content on the Site, and to download, print and store portions of the Content that you select, provided that you:

Access and/or use those portions of the Content solely for your own personal, non-commercial use unless we provide a prior written authorization
Do not copy or post the Content on any network computer, or transmit, distribute, publish, display, make available or broadcast the Content in any media or platform
Do not modify or alter the Content in any way or delete or change any copyright or trademark notice

10. Third Party Content

Certain content from third parties may be made available as part of the Site or through links on the Site, and such Third Party Content may be subject to its own additional license terms and policies. You should refer to the terms and policies posted on third party websites prior to using any such third party content.

The Company does not endorse, oppose, or edit any opinion, claim, or analysis expressed by any third party or third party content. You agree that the Company is not responsible for the substance, availability, or accessibility of any third party content accessible through the Site.

11. Intellectual Property

The Content of the Company is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such Content or any part of the Site is prohibited, except as expressly permitted in these Terms and Conditions. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.

12. Product Information and Pricing Changes and Errors

While we endeavor to provide accurate product information, product information accessed through the Site is obtained from claims made by product manufacturers; on occasion manufacturers may alter their labels or ingredient lists; and actual product packaging and materials may contain more and/or different information than that shown on the Site.

Accordingly, you should not rely solely on the product information presented on the Site, but should always read carefully the labels, warnings, and directions before using or consuming a product and contact directly the product manufacturer for any questions.

13. Privacy Policy and Website Terms of Use

Please review our Privacy Policy and Terms and Conditions of the Site, which can be found at the following addresses respectively:

14. Disclaimers; Limitations on Liability

(a) Disclaimers

IMPORTANT:

To the fullest extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis, without warranties, representations or endorsements of any kind. To the fullest extent permitted under applicable law, the Company disclaims all warranties of any kind, express, implied, statutory or otherwise (including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement).

(b) Product Warranties

We do not manufacture any of the PRODUCTS offered on our Site in any way. The availability on our Site of PRODUCTS does not constitute a CORPORATE affiliation with their manufacturer. As such, subject to applicable law, we are providing the PRODUCTS to you "as is" without express or implied warranties of any kind, including without limitation any:

Warranty of merchantability
Warranty of fitness for a particular purpose
Warranty of title
Warranty against infringement of intellectual property rights of a third party

(c) Liability Cap

UNDER NO CIRCUMSTANCES WILL COMPANY'S OBLIGATION OR LIABILITY UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY PRODUCTS OR SERVICES. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.

(d) For California Customers

You understand and agree that you are responsible for full compliance with all applicable laws and regulations in the territories in which you resell Company's "Products", including but not limited to California's Safe Drinking Water and Toxic Enforcement Act of 1986, Cal. Health & Safety Code 25249.5, et seq. with all its amendments and associated regulations (Proposition 65).

Customer specifically represents and warrants that the Customer does not sell, resell, distribute or otherwise enter into commerce any Product in the State of California (CA).

If the Product ends up in CA or has been purchased by a person or entity located in CA, and such Product is actually or allegedly non-compliant with California's Safe Drinking Water and Toxic Enforcement Act, the Customer hereby acknowledges and agrees to fully defend, indemnify, release, and hold harmless GMI, its affiliates, and their officers from any costs, fines, attorneys' fees, or settlements arising out of or related to Proposition 65.

"Product" means and includes any and all goods, items, materials, or merchandise manufactured, produced, supplied, marketed, sold, or distributed by GMI Trading LLC to Customer, and includes all related packaging, containers, wrappers, labels, inserts, promotional materials, and any other materials or components provided or distributed in connection therewith.

(e) Web Accessibility Statement

In sincere appreciation for our rich cooperation, we are committed to continuously improving access to our website and its functionality for all people, including those with disabilities. Beyond our legal commitment to do so under the Americans With Disabilities Act (ADA), it is just the right thing to do.

Our Site is fully compliant with Web Content Accessibility Guidelines (WCAG) 2.1. grade of AA accessibility. We ask anyone experiencing difficulty or malfunction on our Site to report this at orders@gmi-trading.com or by calling (718) 318-1888.

15. Third-Party Beneficiaries

These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

16. Force Majeure

Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.

17. Assignment

Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent, and any attempt to do so shall be null and void and may result in termination of your account with us.

18. Partial Invalidity

In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

19. Entire Agreement

These Terms, along with any sales documentation, instructions and/or agreements that we provide you with relating to any product or service you obtain from us through the Site, any terms and conditions that may be provided in connection with any promotion or other sale, and our "Privacy Policy," shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.

20. Governing Law/Binding Arbitration

(a) Governing Law

These Terms shall be governed by the laws of the State of NEW YORK without regard to its conflict of laws principles.

(b) Binding Arbitration

Subject to all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum.

Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved within ninety (90) days after receipt by the Company of the written notice by certified mail to following address: 125 Helen Street, South Plainfield, NJ 07080 USA, shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules.

The arbitration shall take place before a panel of one arbitrator sitting in the State of New York, New York. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of New York.

With respect to any arbitration hereunder, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature.

21. No Waivers

Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.

22. Notices

We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses.

You can contact us at any time by any of the following means:

Email: orders@gmi-trading.com
Personal delivery, overnight courier, or registered or certified mail to: 125 Helen Street, South Plainfield, NJ 07080 USA

23. Statute of Limitation

Any cause of action against the Company must be brought within one (1) year of the date such cause of action arose.

24. Relationship of the Parties

Each party is, and shall remain, an independent contractor and nothing contained in these Terms shall be construed to make either party a partner, joint venturer, employee or agent of the other party, and neither party shall hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party.

25. Consent to Communicate with Us Electronically

(a) Transactional or Operational Communication

When you visit the Site or send an email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on the Site.

If you contact us by email, telephone, including text messages, facsimile, online chat or similar electronic communication service, you consent to our use of the same communication method, and/or any email address or telephone number you provide in contacting us, to respond to your contact.

(b) Marketing and Promotional Information via Text Messages

If you opt in to periodically receive information about products, services, promotions, discounts, at the number you provided, we will send you a message confirming your opt in option. Frequency of text messages may vary. Cell providers may charge for messages and other message/data rates may apply.

You may revoke your consent, either in whole or in part, at any time. To opt-out, please contact us at orders@gmi-trading.com or reply back the word to cancel subscription.

(c) Marketing and Promotional Information via Emails

If you opt in to periodically receive information about products, services, promotions, discounts, at the email address you provided, we will send you an email confirming your opt in option.

You may unsubscribe at any time from receiving marketing e-mail by replying "UNSUBSCRIBE," or by clicking the "UNSUBSCRIBE" button at the bottom of our e-mail, or by e-mailing orders@gmi-trading.com.

Special Terms for Mobile Application Users

With respect to mobile application made available by GMI TRADING, and without limiting any other Terms and Conditions, by downloading the mobile application, you are expressly agreeing that you have read, understand, and agree to be bound by these Terms and Conditions and any updates or amendments thereto.

GMI TRADING does not warrant that mobile application will be compatible with your mobile device. You acknowledge some upgraded versions of the mobile applications may be issued or authorized by GMI TRADING, and may automatically electronically upgrade the version of the mobile application that you are using on your mobile device.

Your use of any the mobile application may also be governed by the terms and policies of your mobile network provider, the mobile application store from which you download the mobile application, your device manufacturer or operating provider, and credit card or third party payment provider. Carrier data charges may apply to your use of the mobile application.

Special Terms for Apple and Google Customers and Users

Users of the mobile application acknowledge that they have reviewed and agree to the terms of the mobile application marketplace from which they have downloaded the mobile application.

(a) Third Party Responsibility

You acknowledge that these Terms are between you and GMI TRADING only, and not with Apple, Inc. ("Apple") or Google. Neither Apple nor Google is responsible for the support and maintenance of mobile application, Neither Apple nor Google is responsible for addressing your claims or any acclaims of the third parties related to the mobile application of GMI TRADING.

(b) Compliance Requirements

Your use of the iOS-powered or Google's Android mobile device in connection with the GMI TRADING's mobile application must comply with Apple's or Google's Android then-current App Store or Google Play Store Terms of Service.

Contact Information

GMI TRADING LLC

Address: 125 Helen Street, South Plainfield, NJ 07080 USA

Phone: (718) 318-1888

Email: orders@gmi-trading.com

Website: gmi-trading.com