Introduction
Globalpex, Inc. (“Globalpex”) provides services related to certifying the contents of outgoing mail packages, e-mail letters and attachments, as well as providing digital document retention services, collectively the “Globalpex Services.” Globalpex further provides a web site, www.globalpex.com, (the “Globalpex Web Site”) on which Global Services can be ordered or at least partially provided.
The Globalpex Services are provided by Globalpex for a fee, which is established by Globalpex. Globalpex reserves the right to change the fee related to the Globalpex Services at any time and for any reason.
User Registration
Globalpex requires registration by users of the Globalpex Web Site to access restricted areas of the Globalpex Web Site, and to utilize the Globalpex Services. As referred to herein, a “registered user” is a user of the Globalpex Web Site who has completed the registration process associated with the Globalpex Web Site. Registration is required for users to access restricted areas of the Globalpex Web Site regardless of whether Globalpex provides any of the Globalpex Services to the registered user.
By registering with the Globalpex Web Site, the user agrees that (s)he has read the terms and conditions set forth herein, and further agrees to access and use the Globalpex Web Site in accordance therewith. By registering with the Globalpex Web Site, accessing and/or using the Globalpex Web Site, the user further indicates an acceptance and an agreement to be bound by the terms and conditions set forth herein. Further, by registering with the Globalpex Web Site, the user pledges an assurance that the user is of a majority age and is able to enter into legally binding agreements in accordance with applicable law.
Registration is provided for users who agree to terms and conditions defined herein or as may be added or changed by Globalpex from time to time. Globalpex reserves the right to modify any term or condition defined herein without a requirement of expressly notifying the user thereof unless changes are considered to be substantial. The registered user agrees and bears full responsibility to periodically and regularly review the terms and conditions for use of the Globalpex Web Site and the Globalpex Services. Globalpex agrees to maintain current versions of terms and conditions on the Globalpex Web Site, and to ensure that the terms and conditions are accessible to registered users using standard web browsing software.
Globalpex further reserves the right to change any aspect of the Globalpex Web Site by adding, deleting or modifying the Globalpex Web Site at Globalpex’s sole discretion and with a requirement to provide notice to the user or registered user. Globalpex also reserves the right to change, add or delete any of the Globalpex Services at Globalpex’s sole discretion.
To be registered, users agree to submit accurate information to Globalpex in one or more data entry forms provided on the Globalpex Web Site. For example, registered users are requested to submit name information, address information, email address information, billing information, and other business information. By registering, users agree not to submit false or misleading information in the Globalpex Web Site. Registered users further agree not to use or access any of the Globalpex Services or any portion of the Globalpex Web Site in a manner that is contrary to the permission set forth herein by Globalpex, or as may be prohibited under applicable laws.
Users and/or registered users agree not to upload or otherwise submit to the Globalpex Web Site any software or data which may contain any harmful computer program content, such as, but not limited to, viruses, Trojan horses, worms, or the like that may damage or otherwise interfere with Globalpex’s ability to provide the Globalpex Services and/or Globalpex Web Site. A registered user may be prompted to select a User ID and/or Password that, when submitted by the registered user, entitles the registered user access to the restricted areas in the Globalpex Web Site. Alternatively, Globalpex may assign and User Name and/or Password to a registered user. Globalpex reserves the right to refuse to assign or grant to a registered user a particular User Name and/or Password for any reason and at its sole discretion. For example, Globalpex may refuse to grant a User Name and/or Password that impersonates another person, that is or may be illegal, that may be protected by trademark or other proprietary rights, that is vulgar or otherwise offensive, or that may cause confusion.
Once a registered user obtains a User ID and/or Password, the registered user is responsible for maintaining the secrecy and/or confidentiality of the User ID and Password, and the registered user is responsible for all activities that occur as a result of the User ID and Password.
A registered user agrees not to transfer or resell the registered user’s right to use the Globalpex Web Site and/or Globalpex Services to any third party. The registered user further agrees to notify Globalpex of any unauthorized use of a User ID and Password.
By registering and/or using the Globalpex Web Site, users authorize Globalpex to use information obtained and/or submitted during regular use of the Globalpex Web Site, or during registration for various marketing purposes. The information obtained in or by the Globalpex Web Site may further be used to analyze and improve the Globalpex Services. Unless required by law, Globalpex does not intend to give, sell or otherwise distribute information obtained through the Globalpex Web Site to parties unaffiliated with Globalpex. In case a user of the Globalpex Web Site navigates the user’s web browser software application to access a third-party web site not provided by Globalpex directly from the Globalpex Web Site, Globalpex may at its discretion transmit to the third-party information indicating that the user navigated from the Globalpex Web Site. Globalpex further may transmit information that Globalpex deems necessary and/or related to the Globalpex Services to a third-party web site for example to enable the proprietor of the third-party web site to supply cost, logistic or other information related to services provided by the third-party, or to the Globalpex Services.
Further, Globalpex reserves the right to record and store in its database(s) any information regarding use of the Globalpex Web Site. Examples of the type of information that may be recorded and stored include (but are not limited to): an internet protocol (“IP”) address of a user, one or more e-mail addresses of a user, credit card information, telephone number(s), information regarding a time and date when a user connects to the Globalpex Web Site, internet browsing software used by a user, a uniform resource locator (“URL”) or other internet address accessed by a user prior to connecting to the Globalpex Web Site, and data entries and Globalpex Web Site selections made by a user while connected to the Globalpex Web Site. Globalpex agrees to maintain information regarding a user private, to the extent described and defined below.
Globalpex also reserves the right to store in its database(s) information related to the Globalpex Services, which may be stored in accordance with Globalpex retention policies and procedures. Such information may include, but is not limited to, digital copies of documents sent to intended recipients in connection with the Globalpex Services, sender information, recipient information, shipping information, or the like.
Globalpex reserves the right to require registered users to re-register by performing any and all of the steps associated with registration for any reason and at any time.
Document Retention
Federal and state laws, government regulations and/or company policies may require digital copies of documents to be retained for defined periods of time. Part of the Globalpex Services include retaining digital copies of documents for periods of time as defined by registered users. Registered users are solely responsible for understanding and defining document retention timelines, defining document types and categories, that may be governed by a particular industry and/or local and governmental regulation.
THE REGISTERED USER AGREES TO ASSUME FULL RESPONSIBILITY FOR DEFINING THE PERIOD OF TIME THAT A DIGITAL DOCUMENT IS TO BE RETAINED IN ACCORDANCE WITH THE GLOBALPEX SERVICES. GLOBALPEX IS NOT LIABLE FOR ANY DAMAGES, INCLUDING ACTUAL OR CONSEQUENTIAL, THAT MAY RESULT IN CASE A DOCUMENT IS NOT RETAINED FOR ANY PERIOD OF TIME DEFINED BY APPLICABLE LAW, GOVERNMENTAL REGULATION, COMPANY POLICY OR OTHERWISE.
SEE BELOW FOR LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTY AND OTHER GENERAL TERMS APPLICABLE TO GLOBALPEX SERVICES AND THE GLOBALPEX WEB SITE.
Globalpex provides a feature on the Globalpex Web Site that enables the retrieval from a database maintained by Globalpex of a document previously submitted to Globalpex by a registered user.
GLOBALPEX IS NOT RESPONSIBLE FOR ANY DOCUMENT THAT CANNOT BE RETRIEVED FROM THE DATABASE DUE TO AN INACCURACY OR ERROR IN NAMING, CLASSIFYING, CATEGORIZING OR OTHERWISE DEFINING THE DOCUMENT BY A REGISTERED USER WHEN THE DOCUMENT WAS INITIALLY SUBMITTED.
As part of the Globalpex Services, Globalpex provides a user-interface to enable a registered user to select an “auto-extend retention” option that enables a digital copy of a document to be retained indefinitely, until the occurrence of an event and, thereafter, for a predefined period of time. The registered user is responsible for alerting Globalpex by using the auto-extend retention user interface that the event has occurred, and that the document should be retained only for the predefined period of time. Globalpex reserves the right to discontinue the auto-extend retention option at its discretion.
GLOBALPEX WILL NOT BE HELD LIABLE IN THE EVENT THAT, SUBJECT TO APPLICABLE FEDERAL OR STATE LAWS OR SUBJECT TO GOVERNMENTAL REGULATIONS, GLOBALPEX IS REQUIRED TO PURGE ANY COPY OF A DIGITAL DOCUMENT PRIOR TO THE EXPIRATION OF THE RETENTION PERIOD OF TIME DEFINED BY THE REGISTERED USER. SUCH REQUIREMENT TO PURGE A COPY OF A DIGITAL DOCUMENT MAY BE ENFORCED DUE TO, BUT NOT LIMITED TO, A DETERMINATION THAT SUCH COPY IS AN INFRINGEMENT UNDER APPLICABLE U.S. COPYRIGHT LAWS.
E-Mail Recipients
Part of the Globalpex Services include transmitting an e-mail message to a desired recipient who is defined by a registered user. As used herein, a person whom a registered user desires to receive an e-mail transmission via the Globalpex Services is an “intended recipient.” Intended recipients are distinct from unintended recipients. An unintended recipient is one who receives an e-mail transmission via the Globalpex Services contrary to the desire or intention of a registered user. Unintended recipients may receive e-mail transmissions via the Globalpex Services, for example, due to a typographical or other data entry error committed by a registered user in the Globalpex Web Site.
Recipients of e-mail messages transmitted in connection with the Globalpex Services acknowledge that information contained in any e-mail transmission in connection with the Globalpex Services is confidential and may be legally privileged. E-mail messages transmitted in connection with the Globalpex Services are intended solely for intended recipients, and any unintended recipient is prohibited from disclosing, copying, distributing, or taking or omitting any other action that may be in violation of applicable laws. Unintended recipients are requested to notify Globalpex in case an e-mail message is received, and to permanently delete the received e-mail message without forwarding the message to any other person.
Third-Party Services
In addition to the Globalpex Services, registered users may, at Globalpex’s discretion, at the registered user’s discretion, or both, contract for services provided by third parties. For example, third-party couriers may be contracted to perform delivery services. Globalpex disclaims any liability and makes no representations regarding the performance or service of any third party whether or not performed in connection with the Globalpex Services.
GLOBALPEX IS NOT RESPONSIBLE FOR ANY CONTENT, PROMISE, WARRANTY OR LIABILITY RELATED TO OR RESULTING FROM THIRD PARTIES OR SERVICES PROVIDED THEREBY. REGISTERED USERS AGREE THAT ANY USE OF THIRD PARTY SERVICE OR WEB SITE IS SUBJECT TO ANY APPLICABLE POLICIES AND/OR TERMS AS SET FORTH BY THE RESPECTIVE THIRD PARTY.
The registered user is ultimately responsible for the payment of all applicable domestic and international carrier fees and charges, and agrees to reimburse Globalpex of any charges related to the shipment of registered user's documents imposed by their selected carrier.
Intellectual Property
The user or registered user agrees that any and all intellectual property rights (“Intellectual Property”) associated with or provided in the Globalpex Web Site and its contents are the property of Globalpex or third parties, and are protected by copyright and other laws in both the United States and other countries. The user or registered user further agrees at least some of the Intellectual Property and content provided in the Globalpex Web Site is protected by trademark, trade dress, trade secret, unfair competition, and other laws associated with Intellectual Property protection. The user or registered user agrees not to copy or otherwise reproduce either in whole or in part any of the Intellectual Property and content in the Globalpex Web Site.
The registered user further agrees not to submit to the Globalpex Web Site any material that is an infringement under applicable U.S. copyright and/or trademark laws.
To the extent Globalpex is authorized, Globalpex grants the user and/or the registered user a limited right and license to use Intellectual Property provided in the Globalpex Web Site so long as the Intellectual Property is not be used or interfered with in any manner without the consent of Globalpex or the respective owner. The user or registered user agrees not to copy, alter, sell, create derivative works from, or otherwise misuse any Intellectual Property or content provided in the Globalpex Web Site without Globalpex’s or a respective third party owner’s expressed written consent. The registered user is not granted any rights to Intellectual Property or content owned by any third party or by Globalpex, except as expressly provided herein.
The registered user is granted a limited license to use the Globalpex Web Site and the Globalpex Services only as prescribed and presented by Globalpex. Beyond the limited license, no interest in or to the Globalpex Systems, information or data available via the Globalpex Services or Globalpex Web Site is transferred to the user and/or registered user.
The user or registered user agrees not to reverse-engineer, reproduce, retransmit, change, or otherwise modify any of the content and/or Intellectual Property associated with the Globalpex Services and/or the Globalpex Web Site, except to the extent permitted or required by law or provided herein.
Tracking and/or Shipping Information
Globalpex reserves the right to display tracking and/or shipping information with regard to any parcel sent by a third-party courier in the Globalpex Web Site. Such tracking and/or shipping information may not originate from Globalpex and, accordingly, may be provided subject to terms and conditions from a third party from which the information originates and/or is provided. For example, a third-party courier providing tracking and/or shipping information may reserve all ownership in the tracking and/or shipping information, and may further set forth terms and conditions for the use thereof. Users and/or registered users of the Globalpex Web Site agree to understand and adhere to all terms and conditions set forth by third-party with respect to information provided by such third parties and displayed on the Globalpex Web Site.
Termination
GLOBALPEX MAY AT ITS SOLE DISCRETION, TERMINATE OR SUSPEND ANY USER’S OR REGISTERED USERS’ USE OF THE GLOBALPEX WEB SITE FOR ANY REASON. REGISTERED USERS AGREE NOT TO HOLD GLOBALPEX LIABLE FOR ANY LOSSES INCURRED AS A RESULT OF TERMINATION FROM THE GLOBALPEX WEB SITE OR GLOBALPEX SERVICES.
DISCLAIMER OF WARRANTIES
GLOBALPEX CERTIFIES THAT A DIGITAL DOCUMENT RECEIVED FROM A REGISTERED USER VIA THE GLOBALPEX WEB SITE IS REPLICATED AND TRANSMITTED TO A RECIPIENT, AND IS STORED IN A DATABASE MAINTAINED BY GLOBALPEX. NOTWITHSTANDING THE FOREGOING, GLOBALPEX RESERVES THE RIGHT TO MODIFY ANY DIGITAL DOCUMENT FOR THE PURPOSE OF PROVIDING THE GLOBALPEX SERVICES. FOR EXAMPLE, GLOBALPEX MAY ADD A BARCODE TO EACH PAGE OF A DIGITAL DOCUMENT. GLOBALPEX DOES NOT GUARANTEE THAT THE QUALITY OF A DIGITAL COPY OF A DOCUMENT PRODUCED IN CONNECTION WITH THE GLOBALPEX SERVICES WILL BE THE SAME AS AN ORIGINAL, AND GLOBALPEX ASSUMES NO LIABILITY WITH RESPECT TO REPRODUCING DOCUMENTS IN CONNECTION WITH THE GLOBALPEX SERVICES.
GLOBALPEX EXPRESSLY DISCLAIMS ANY RESPONSIBILITY WITH REGARD TO THE SECRECY AND/OR CONFIDENTIALITY OF ANY USER ID AND/OR PASSWORD PROVIDED TO A REGISTERED USER. THE REGISTERED USER ACCEPTS FULL RESPONSIBILITY FOR ALL ACTIVITIES THAT OCCUR AS A RESULT OF THE USER ID AND/OR PASSWORD, INCLUDING RESULTING FROM UNAUTHORIZED USE OF A USER ID AND PASSWORD. THE REGISTERED USER AGREES TO NOTIFY GLOBALPEX OF ANY UNAUTHORIZED USE OF A USER ID AND PASSWORD.
IT IS THE SOLE RESPONSIBILITY OF THE REGISTERED USER TO ENSURE THAT CONTACT INFORMATION, INCLUDING PHYSICAL AND E-MAIL ADDRESS INFORMATION, FOR AN INTENDED RECIPIENT TO WHICH A SHIPMENT PROVIDED IN CONNECTION WITH THE GLOBALPEX SERVICES IS APPROPRIATELY, ACCURATELY AND COMPLETELY DESIGNATED. GLOBALPEX IS NOT RESPONSIBLE OR LIABLE FOR ANY SHIPMENT THAT IS INACCURATE, INCOMPLETE OR OTHERWISE NOT USABLE TO LOCATE AN INTENDED RECIPIENT. REGISTERED USERS AGREE TO CONSULT THE TERMS OF USE, CONDITIONS AND RELATED POLICIES OF ANY COURIER OR SHIPPER USED IN CONNECTION WITH THE GLOBALPEX SERVICES.
THE GLOBALPEX WEB SITE, THE GLOBALPEX SERVICES, AND ANY INFORMATION AND CONTENT PROVIDED THEREIN OR THEREBY ARE PROVIDED ON AN “AS IS” BASIS. GLOBALPEX HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. GLOBALPEX MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF ANY CONTENT, INFORMATION OR SERVICES PROVIDED ON, BY OR THROUGH THE USE OF THE GLOBALPEX WEB SITE OR THE GLOBALPEX SERVICES, TO THE EXTENT PERMITTED BY LAW. GLOBALPEX DOES NOT CREATE ANY WARRANTY OF ANY KIND BY PROVIDING ANY INFORMATION EITHER FROM THE GLOBALPEX WEB SITE OR IN ANY OTHER WAY.
GLOBALPEX SHALL NOT BE LIABLE FOR ANY COSTS ASSOCIATED WITH PROCURING SUBSTITUTE SERVICES, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES RESULTING FROM AN INTERRUPTED USE OF OR ACCESS TO THE GLOBALPEX WEB SITE AND/OR GLOBALPEX SERVICES. FURTHER, GLOBALPEX SHALL NOT BE LIABLE FOR ANY COSTS ASSOCIATED WITH PROCURING SUBSTITUTE SERVICES, DAMAGES FOR LOSS OF ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR LOSS OF MESSAGES AND/OR CONTENT RECEIVED OR TRANSMITTED THROUGH THE GLOBALPEX WEB SITE AND/OR GLOBALPEX SERVICES. FURTHER, GLOBALPEX SHALL NOT BE LIABLE FOR ANY COSTS ASSOCIATED WITH PROCURING SUBSTITUTE SERVICES OR DAMAGES RESULTING FROM TRANSACTIONS ENTERED INTO THROUGH THE GLOBALPEX WEB SITE OR GLOBALPEX SERVICES THAT RESULT FROM UNAUTHORIZED USER ACCESS OR USE. FURTHER, GLOBALPEX SHALL NOT BE LIABLE FOR ANY COSTS ASSOCIATED WITH PROCURING SUBSTITUTE SERVICES, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES RESULTING FROM AN ALTERATION OF ANY CONTENT AND TRANSMISSIONS OR DATA SUBMITTED TO THE GLOBALPEX WEB SITE OR VIA THE GLOBALPEX SERVICES.
IN CASE GLOBALPEX IS FOUND RESPONSIBLE AND/OR AGREES TO ACCEPT RESPONSIBILITY FOR ANY DISPUTE ARISING BETWEEN A USER OR REGISTERED USER AND GLOBALPEX, THE USER’S OR REGISTERED USER’S SOLE REMEDY IS LIMITED TO A CREDIT TO BE APPLIED TOWARDS FUTURE GLOBALPEX SERVICES.
GLOBALPEX DOES NOT PROMISE THAT THE GLOBALPEX WEB SITE AND/OR THE GLOBALPEX SERVICES WILL BE ERROR-FREE AND/OR UNINTERRUPTED. GLOBALPEX CANNOT ENSURE THAT ANY INFORMATION, INCLUDING ELECTRONIC FILES SUBMITTED BY A REGISTERED USER, WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. GLOBALPEX DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD-PARTY USERS, GLOBALPEX WEB SITE USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH THE GLOBALPEX SERVICE OR OTHERWISE RELATED TO A REGISTERED USER’S USE OF THE SITE AND/OR THE GLOBALPEX SERVICE.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GLOBALPEX, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED IN THE GLOBALPEX WEB SITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE GLOBALPEX WEB SITE, THE GLOBALPEX SERVICES SYSTEMS, INFORMATION, OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GLOBALPEX IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FROM TIME TO TIME, GLOBALPEX MAY NEED TO CONTACT A REGISTERED USER, AND THE REGISTERED USER AGREES TO SUBMIT CONTACT INFORMATION IN THE GLOBALPEX WEB SITE FOR USE BY GLOBALPEX TO CONTACT THE REGISTERED USER. THE REGISTER USER IS RESPONSIBLE FOR MAINTAINING CURRENT AND UP-TO-DATE CONTACT INFORMATION WITH GLOBALPEX, AND GLOBALPEX HAS NO DUTY OR OBLIGATION TO CONTACT A REGISTER USER OTHER THAN BY USING THE ADDRESS AND/OR CONTACT INFORMATION IN A DATABASE MAINTAINED BY GLOBALPEX AND AS PROVIDED BY THE REGISTERED USER IN THE GLOBALPEX WEB SITE.
INDEMNIFICATION
THE REGISTERED USER AGREES TO INDEMNIFY, DEFEND AND HOLD GLOBALPEX AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS AND SPONSORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES) AND OTHER EXPENSES THAT RESULT DIRECTLY OR INDIRECTLY OUT OF OR FROM: (A) THE REGISTERED USER’S USE OF THE GLOBALPEX WEB SITE AND/OR THE GLOBALPEX SERVICES; (B) ANY VIOLATION OF ANY TERM OR PROVISION SET FORTH HEREIN; (C) ANY INFRINGEMENT BY THE REGISTERED USER OR ANY OTHER PERSON USING THE REGISTERED USER’S COMPUTER, OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD-PARTY; AND (D) THE REGISTERED USER’S FAILURE TO PROPERLY USE THE FEATURES AND SELECTIONS PROVIDED BY GLOBALPEX EITHER ON THE GLOBALPEX WEB SITE, OR OTHERWISE MADE AVAILABLE BY GLOBALPEX.
Applicable Law
As permitted by law, the terms and conditions are governed by the internal laws of the State of New York, U.S.A. If a court of competent jurisdiction finds any term, provision, or portion set forth herein to be unenforceable, the remainder of the terms and conditions set forth herein shall continue in full force and effect.