These Terms & Conditions govern your use of and access to the GLASS COMMERCE marketplace. By accessing or using the GLASS COMMERCE marketplace, or by otherwise accepting these Terms & Conditions, you agree to these Terms & Conditions. If you violate or do not agree to these Terms & Conditions, your access to and use of the GLASS COMMERCE marketplace is unauthorized.
In these Terms & Conditions:
When we say “GLASS COMMERCE”, we mean commerce.glass website, and any subsidiaries and affiliates of GLASS COMMERCE (including any that GLASS COMMERCE may form or acquire in the future). We also refer to GLASS COMMERCE as 'we', 'us' and 'our'.
When we say “GLASS COMMERCE marketplace”, we mean commerce.glass, the GLASS COMMERCE apps, and all related services, content, functionality, and transactions offered by GLASS COMMERCE on or through commerce.glass and the GLASS COMMERCE apps.
When we say “you” or “your” we mean users of the GLASS COMMERCE marketplace.
When we say “Terms & Conditions”, we mean these Terms & Conditions and all other terms and policies on the GLASS COMMERCE marketplace (and any updates to those terms and policies).
While all of these Terms & Conditions provide important information, please note the warranty disclaimers and limitations on GLASS COMMERCE’s liability explained below in sections 11 and 12, in particular. As a continuously evolving shopping platform, we must disclaim or limit our liabilities relating to the GLASS COMMERCE marketplace and the products on the GLASS COMMERCE marketplace. We’ll continue to update these Terms & Conditions over time.
In general, our Terms & Conditions are simple:
If you’re buying through GLASS COMMERCE, you should be an official government agency employee or representative with legal authority to engage in procurement transactions on behalf of your agency.
During this global public health challenge, we are also supporting healthcare organizations, essential businesses and individuals.
If you’re selling through GLASS COMMERCE, you should satisfy the local requirements for selling to a government agency and to receive public funds. This typically entails: (i) Having a registered business or professional activity; (ii) Having a tax identification number; (iii) Being in good legal standing; (iv) Being up to date with your tax obligations; and (v) Not being blacklisted or debarred from government procurement activities. In addition, to sell or rent your goods or services through our marketplace, we require that you go through our commerce-verification onboarding process, where we evaluate if you comply with the aforementioned requirements and cross-check the information you have provided as supporting compliance evidence. Lastly, we also require that any products or services that you sell or rent through our marketplace display the best available price for governments at all times, and that you guarantee matching this best available price in cases where government buyers identify such best price elsewhere.
1. Account Registration
To make a purchase on GLASS COMMERCE, you must register for an account. You must be at least 18 years old to register for an account. Only one account is permitted per government representative or supplier agent.
When creating an account, you agree that all of your registration information will be true and complete, and you will keep your account information current and up-to-date. You agree to keep your GLASS COMMERCE username and password confidential, and to access the GLASS COMMERCE marketplace from devices that have up-to-date operating systems and security software. You agree not to allow anybody else to use your account, including in any way that is meant to circumvent these Terms & Conditions. You will be responsible for all purchases or sells made, and anything else that occurs, through your account.
Please notify us immediately of any suspected unauthorized activity on your account by sending an email to email@example.com
2. Placing an Order on GLASS COMMERCE
For now, GLASS COMMERCE only ships within the contiguous United States (48 states and District of Columbia).
Orders and Pricing
Each product’s list price is what we believe to be a representative online price for such product as provided by the supplier, and when possible is based on the suggested retail price provided by the supplier or manufacturer, which we check against prices from other online retailers on a regular basis. While we always try to show you a representative price, we can’t guarantee that you won’t see lower prices at other marketplace. For those cases, we are requesting our suppliers to match any best price available elsewhere.
As you shop on the GLASS COMMERCE marketplace, our dynamic pricing engine may increase or decrease the prices of items in your cart, and/or the savings applied to the items in your cart. You must review your entire final order, including your cart savings, total purchase price, and each individual item price, before submitting your final purchase request at checkout.
Pricing errors, out-of-stock and other errors occasionally occur on the GLASS COMMERCE marketplace. We reserve the right to cancel any orders containing pricing errors, out of stock errors or other errors at any time without further obligation to you, including after you have received a confirmation of your order. Should this happen with your order, we’re very sorry for the inconvenience and will try to fix this situation in the best way possible. Please contact us so we can try to figure out what happened and do our best to make sure it doesn’t happen again.
In addition, if any item you request becomes unavailable on the GLASS COMMERCE marketplace, we may cancel your order or - alternatively - instead of canceling your order, we may, after being authorized by you, purchase and/or have fulfilled the unavailable item(s) on your behalf from third parties that are also commerce-verified. If we do this, of course we’ll only charge you the price quoted in your GLASS COMMERCE purchase order.
Items sold on the GLASS COMMERCE marketplace may be subject to tax. Prior to submitting your purchase request, you will see an estimate of the tax to be collected on your order. This tax amount will depend on various factors, including the items purchased, the shipment destination, and the identity of the buyer(s) and seller(s). Unless specifically indicated on the checkout page, GLASS COMMERCE is the seller of items purchased on the GLASS COMMERCE marketplace. Any applicable tax on those items will be applied to the item price you pay for taxable items, less any savings amounts. If GLASS COMMERCE is not the seller of your items, items will be subject to tax based on the sales tax collection obligations of the seller. Applicable tax on such orders will be applied to the item price indicated by the seller. For these items, savings amounts will not always reduce the price at which tax is charged.
Title and Risk of Loss
Title to the items purchased by you on the GLASS COMMERCE marketplace (and the related risk of loss on these items) passes to you upon delivery of the items to the common carrier used by GLASS COMMERCE.
Returns and Refunds
While GLASS COMMERCE will strive to provide reasonable returns and refunds when applicable, excessive or abusive returns or attempted returns will void your opportunity to effectively do a return or get a refund, and any guarantees on future orders.
Your account may contain Credits, which can be used for payment of an eligible purchase made on the GLASS COMMERCE marketplace. Unless expressly stated otherwise, unused Credits expire after twelve months of account inactivity.
We reserve the right to prohibit or limit sales to resellers or other parties who purchase a product from GLASS COMMERCE with the intention to resale that product. We also reserve the right to limit the quantity of items purchased per account, credit card, shipping address, person, or order for any reason.
We are not an Apple resellers, we are only finding the best prices on behalf of governments agencies.
3. Accuracy, Completeness and Timeliness of Information on the GLASS COMMERCE marketplace
The GLASS COMMERCE marketplace contain lots of information provided by third party sellers and other content providers. Despite our efforts to be accurate, we don't guarantee any aspect of any product information on the GLASS COMMERCE marketplace, including, without limitation, product images, descriptions and specifications. The information on the GLASS COMMERCE marketplace is for information purposes only, and may be inaccurate, incomplete, out-of-date, unreliable, mis-categorized, or not helpful. Product information contained on the GLASS COMMERCE marketplace may differ from information contained on the actual product materials. Before you act on information you find on the GLASS COMMERCE marketplace, you must independently confirm any facts about the item(s) that are important to your decision.
If you purchase a product that is not as described, your sole remedy against GLASS COMMERCE is to return it and/or request a refund.
If you find an error or notice something that doesn't look right on the GLASS COMMERCE marketplace, we would appreciate it if you let us know by contacting us at firstname.lastname@example.org. Your feedback is a big part of what makes GLASS COMMERCE better for governments and government suppliers!
Special provision for drugs, medical products, foods or drinks with potential or actual beneficial qualities, fitness claims, and alternative medicine: No information on the GLASS COMMERCE marketplace, including, without limitation, health, medical, wellness, fitness, prescription, and pharmaceutical information, is a substitute for the diagnosis, treatment, or advice of your medical professional. The GLASS COMMERCE marketplace does not include all information regarding precautions, dosage information, side effects, or interactions, and should not be understood to indicate that any drug or other product is safe for you. You must consult the actual product information included with the product (including package inserts) and contact the manufacturer of the product for additional information.
5. Use of Materials on the GLASS COMMERCE marketplace
All content on the GLASS COMMERCE marketplace (including, for example, text, designs, graphics, logos, icons, images, audio clips, downloads, interfaces, information, code and software, and the selection and manner of compilation and presentation), is owned by GLASS COMMERCE, other content providers (such as GLASS COMMERCE’s retail partners or suppliers) or their licensors, may be protected by copyright, trademark, and other applicable laws.
Your access to and use of the GLASS COMMERCE marketplace does not grant you any license or right to use any trademark, logo, or service mark displayed on the GLASS COMMERCE marketplace. GLASS COMMERCE, other content providers, or their licensors retain full and complete title to and reserve all rights in the material on the GLASS COMMERCE marketplace, including all associated intellectual property rights. GLASS COMMERCE neither warrants nor represents that your use of materials on the GLASS COMMERCE marketplace will not infringe rights of third parties.
You may access the GLASS COMMERCE marketplace only for government procurement related activities, and you may not modify or delete any copyright, trademark or other proprietary notice relating to the material you access.
Any other use of the material on the GLASS COMMERCE marketplace, including, without limitation, the modification, distribution, transmission, performance, publication, uploading, licensing, reverse engineering, transfer, or sale of, or the creation of derivative works from, any material, information, software, products, or services obtained from the GLASS COMMERCE marketplace, or use of the GLASS COMMERCE marketplace for purposes competitive with GLASS COMMERCE, or for other commercial purposes, is expressly prohibited. You agree to abide by all additional restrictions displayed on the GLASS COMMERCE marketplace as they may be updated from time to time.
6. Materials You Submit
You acknowledge that you are responsible for all materials you submit to GLASS COMMERCE via the GLASS COMMERCE marketplace or other electronic communications (including through any part of the GLASS COMMERCE marketplace administered by third parties like Facebook, Instagram, other social media platforms and the tools that allow you to interact with the GLASS COMMERCE marketplace through these social media platforms). This means you are responsible for the legality, accuracy, appropriateness, originality, and copyright of any such material you submit.
Unless we indicate otherwise, if you submit any material to us, you grant GLASS COMMERCE an unrestricted, worldwide, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display these material throughout the world in any media. You further agree that GLASS COMMERCE is free to use any ideas, concepts, feedback, and know-how you provide to GLASS COMMERCE. You grant GLASS COMMERCE the right to use the name you submit in connection with such material if we choose. You represent and warrant that you own or otherwise control in perpetuity all the rights to the content you submit, that such content is accurate, and that use of such content will not violate any law or these Terms & Conditions.
You agree not to submit content that:
1. infringes or violates anyone else’s patent, copyright, trademark, trade secret, rights of publicity or privacy, or other intellectual property rights;
2. is illegal or encourages illegal activities or any breach or violation of a right (including a contractual right) held by a third party;
3. is fraudulent, false, misleading, or deceptive;
4. is defamatory, obscene, pornographic, vulgar, or offensive;
5. promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
6. is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
7. is intended to cause harm, damage, disable, or otherwise interfere with the GLASS COMMERCE marketplace or our partners; or
8. can be considered a third party’s private or confidential information.
7. Restrictions on Access and Use
When accessing and using the GLASS COMMERCE marketplace, you agree you will not engage in any of the following prohibited behavior:
– Violate any law, rule, regulation, or these Terms & Conditions;
– Engage in conduct that is fraudulent or otherwise harmful to GLASS COMMERCE, our partners, or any other user;
– Display to others, mirror, or frame the GLASS COMMERCE marketplace, or any component of the GLASS COMMERCE marketplace;
– Access the GLASS COMMERCE marketplace if we have prohibited you from such access;
– Circumvent any rules or terms set forth on the GLASS COMMERCE marketplace including those relating to any promotion, contest or program on the GLASS COMMERCE marketplace;
– Access, tamper with, or use non-public areas of the GLASS COMMERCE marketplace, GLASS COMMERCE’s computer systems, or the technical delivery systems of GLASS COMMERCE or GLASS COMMERCE’s providers;
– Probe, scan, or test the vulnerability of any GLASS COMMERCE marketplace or breach any security or authentication measures;
– Interfere with the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the GLASS COMMERCE marketplace;
– Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure intended to protect, limit access to, or control the GLASS COMMERCE marketplace;
– Decipher, decompile, disassemble, or reverse engineer any of the software used on or in connection with the GLASS COMMERCE marketplace;
– Collect any personally identifiable information from users of the GLASS COMMERCE marketplace or use any such information found on the GLASS COMMERCE marketplace;
– Use a third party’s credentials, conceal your true IP address, or otherwise impersonate or misrepresent your identity or affiliation with any person or entity;
– Use the GLASS COMMERCE marketplace to determine whether a third party holds any type of account, or to learn about or verify information about the account that is not yours;
– Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
– Use any meta tags or other hidden text or metadata utilizing a GLASS COMMERCE trademark, logo, URL, or product name without GLASS COMMERCE’s express written consent;
– And, you will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this list of bulleted items, or attempt, permit, encourage, assist, or allow any other violation of these Terms & Conditions.
You agree not to, directly or indirectly (e.g., through a third party), attempt to access, search, or otherwise use the GLASS COMMERCE marketplace (such as by attempting to retrieve information from or about the GLASS COMMERCE marketplace) through the use of any engine, software, tool, agent, device, or mechanism (including, without limitation, spiders, robots, crawlers and data mining tools) other than generally available third-party web browsers that (1) provide accurate and complete User-Agent information in the HTTP header, such as Safari, Firefox, Chrome, and Internet Explorer and (2) have not been modified with plugins or otherwise in a manner that facilitates automated or faster-than-normal access to, searching of, or other use of the GLASS COMMERCE marketplace. You also agree not to disregard our robots.txt files (but in the event of a conflict between these Terms & Conditions and a GLASS COMMERCE marketplace’s robots.txt file, the more restrictive of the two shall apply.)
If you attempt to access, search, or otherwise use the GLASS COMMERCE marketplace in any way other than through a generally available third-party web browser meeting the conditions described above, or if you disregard our robots.txt files, you agree that such action shall constitute your permanent consent and authorization for GLASS COMMERCE to immediately and without notice to you, access, search, retrieve information from or about, or otherwise use, any website that you or your affiliates own, operate, or control, through any engine, software, tool, agent, device, or mechanism that GLASS COMMERCE considers appropriate, including, without limitation, spiders, robots, crawlers and data mining tools, regardless of any statement on such website (or in their Terms & Conditions, terms of service, robots.txt files, or the like) to the contrary, either directly or indirectly (e.g., through a third party).
If you are accessing the GLASS COMMERCE marketplace as an employee or agent, you acknowledge that you are extending the permanent consent and authorization described above on behalf of your employer or principal, and you represent that you have authority from that employer or principal to do so.
If you are accessing the GLASS COMMERCE marketplace as an employer or principal, you authorize your employee or agent to extend on your behalf the permanent consent and authorization described above, and you acknowledge that your permanent consent and authorization will bind all of your employees and agents.
8. Notice of Copyright Infringement
GLASS COMMERCE has reserved the right, in its sole discretion, to terminate the accounts of users of the GLASS COMMERCE marketplace who infringe on copyrights of GLASS COMMERCE or others. If you believe that your copyright, or the copyright of a person on whose behalf you are authorized to act, has been infringed, you must send a written notice to GLASS COMMERCE containing the following information:
– A physical or electronic signature of the owner of, or a person authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.
– Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
– Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
– Contact information for the notifying party, including name, address, telephone number, and email address.
– A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
– A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of, or authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.
– You must submit your written notice containing the above information to email@example.com
9. Communications Decency Act Notice
Commercially available parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material on the Internet that is harmful to minors. Current providers of such protections include McAfee and Symantec, as well as others available from this Google search. Please note that we did not create these parental control tools, and we have not tested or evaluated them. Your use of these tools on the GLASS COMMERCE marketplace is at your sole risk. You should not assume that these or any other third-party parental control protections will work on the GLASS COMMERCE marketplace.
10. DISCLAIMER OF WARRANTIES
This section of these Terms & Conditions is important because GLASS COMMERCE disclaims certain warranties and liabilities. You understand this agreement means GLASS COMMERCE will not assume responsibility for many items. We must do this as a company, but we’ll also try to help our shoppers wherever we can (without legal obligations).
THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THIS AGREEMENT. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY MADE TO YOU BY THE MANUFACTURER OF THE ITEM.
THE GLASS COMMERCE MARKETPLACE, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, ADVICE, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GLASS COMMERCE MARKETPLACE ARE PROVIDED SOLELY ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, AND THEREFORE YOUR USE OF THE GLASS COMMERCE MARKETPLACE IS AT YOUR RISK.
WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THESE DISCLAIMERS INCLUDE, WITHOUT LIMITATION:
– THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;
– ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING;
– THAT ACCESS TO THE GLASS COMMERCE MARKETPLACE WILL BE UNINTERRUPTED OR ERROR-FREE;
– THAT THE GLASS COMMERCE MARKETPLACE WILL BE SECURE;
– THAT THE GLASS COMMERCE MARKETPLACE OR THE SERVERS THAT MAKE THE GLASS COMMERCE MARKETPLACE AVAILABLE WILL BE VIRUS-FREE; AND
– THAT COMMUNICATIONS SENT FROM THE GLASS COMMERCE MARKETPLACE ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE GLASS COMMERCE MARKETPLACE AND THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE GLASS COMMERCE MARKETPLACE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GLASS COMMERCE IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE GLASS COMMERCE MARKETPLACE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU DESPITE THE “CALIFORNIA LAW APPLIES” SECTION OF THESE TERMS & CONDITIONS, THE ABOVE APPLIES ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
11. LIMITATION OF LIABILITY
This section of these Terms & Conditions is also important because GLASS COMMERCE limits many of its liabilities. We must limit our liabilities for many reasons, but mainly because it's smart for us to do so as a business that wants to provide our platform to you as efficiently as possible.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GLASS COMMERCE, GLASS COMMERCE’S EMPLOYEES, BOARD OF DIRECTORS, OR INVESTORS, NOR ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR, OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO:
– THE GLASS COMMERCE MARKETPLACE, OR ANY OTHER MARKETPLACE YOU ACCESS THROUGH A LINK FROM THE GLASS COMMERCE MARKETPLACE;
– ANY HARM, DAMAGE, INJURY, LOSS CAUSED BY ANY PRODUCT BOUGHT THROUGH THE GLASS COMMERCE MARKETPLACE
– ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US;
– ANY DELAY ON OR INABILITY TO USE THE GLASS COMMERCE MARKETPLACE OR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED ON OR OBTAINED THROUGH THE GLASS COMMERCE MARKETPLACE;
– GLASS COMMERCE’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE GLASS COMMERCE MARKETPLACE, OR;
– OTHERWISE ARISING OUT OF YOUR USE OF THE GLASS COMMERCE MARKETPLACE.
IN EACH CASE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF GLASS COMMERCE, ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS, OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER GLASS COMMERCE NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER, SHOPPER, OR OTHER USER OF THE GLASS COMMERCE MARKETPLACE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU DESPITE THE “CALIFORNIA LAW APPLIES” SECTION OF THESE TERMS & CONDITIONS, THE ABOVE APPLIES ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless GLASS COMMERCE and its subsidiaries and affiliates, and as to each, their officers, directors, employees, contractors, agents, licensors, service or third party providers, subcontractors, and suppliers, from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising out of or relating to your access to or use of the GLASS COMMERCE marketplace, any content you post or submit to the GLASS COMMERCE marketplace, your violation of law or infringement of the rights of a third party, or your other violation of these Terms & Conditions. GLASS COMMERCE reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with GLASS COMMERCE if and as requested by GLASS COMMERCE in the defense of such matter.
13. California Law Applies
The laws of the State of California apply to everything relating to GLASS COMMERCE’s and the GLASS COMMERCE marketplace relationship to you. This means that any and all disputes, claims and controversies arising out of or relating to the GLASS COMMERCE marketplace, including the sale of products, content, services, or technology, on or used through the GLASS COMMERCE marketplace, shall be governed by and construed exclusively in accordance with the laws and decisions of the State of California applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions (except for Sections 5-1401 and 5-1402 of the California General Obligations Law). The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. GLASS COMMERCE and you agree that these Terms & Conditions affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of the provisions in this section.
For purposes of this section, we will use the capitalized word “Dispute” to mean any dispute, claim, or controversy arising out of or relating to these Terms & Conditions (such as with respect to their validity or enforceability), the GLASS COMMERCE marketplace, your (or anybody else’s) access to and/or use of the GLASS COMMERCE marketplace, and/or the provision of content, products, services, and/or technology on or through the GLASS COMMERCE marketplace.
In the event of a Dispute, GLASS COMMERCE or you must give the other notice of the Dispute. This notice must include a brief written statement that sets forth the name, address, and contact information of the party giving it, as well as the facts giving rise to the Dispute and the relief requested. You must send any such notice to GLASS COMMERCE by email to firstname.lastname@example.org To the extent that GLASS COMMERCE has your contact information, it will send any such notice to you by U.S. Mail and your email address.
We will try to resolve any Dispute through informal negotiation within 30 days from the date that any notice of Dispute is sent by email. GLASS COMMERCE and you shall use reasonable, good faith efforts to settle any Dispute through good faith negotiations. After 30 days, GLASS COMMERCE or you may resort to the other alternatives described in this section.
Notwithstanding the foregoing, Disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the GLASS COMMERCE marketplace shall not be subject to arbitration, and the notice and 30-day negotiation period required by this paragraph shall not apply to these types of Disputes.
Except as otherwise specifically set forth below, any Dispute of any kind, if unresolved through informal negotiations within 30 days of the sending of the notice (email) described above, shall be resolved by binding arbitration to be held in the U.S. state in which you reside. For residents outside the United States, arbitration shall be initiated in California, and GLASS COMMERCE and you agree to submit to the personal jurisdiction of any state or federal court in California to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
The arbitration shall be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms & Conditions, and administered by the AAA. The AAA Rules and fee information are available at www.adr.org or by calling the AAA at 1 (800) 778-7879.
GLASS COMMERCE shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $5,000, unless the arbitrator finds your claims, defenses, or other fee-generating activity to be asserted or conducted for an improper purpose or frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, without limitation, attorney’s fees and expert witness costs unless GLASS COMMERCE is specifically required to pay such fees under applicable law. For claims that total more than $5,000, the AAA Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on GLASS COMMERCE and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. GLASS COMMERCE and you agree that dispositive motions, including without limitation motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Terms & Conditions and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. GLASS COMMERCE and you understand that, absent this mandatory arbitration provision, GLASS COMMERCE and you would have the right to sue in court and have a jury trial. GLASS COMMERCE and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
If GLASS COMMERCE’s or your claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted, through a telephonic hearing, or by an in-person hearing under the AAA Rules, solely based on documents submitted to the arbitrator.
You have the right to opt out and not be bound by the provisions requiring arbitration by sending written notice of your decision to opt out to GLASS COMMERCE by email to email@example.com. The notice must be sent within 30 days of your first use of any of the GLASS COMMERCE marketplace. If you do not opt out via this method, you will be bound to arbitrate Disputes in accordance with the terms of these paragraphs. If you opt out of the provisions requiring arbitration, GLASS COMMERCE will not be bound by them either. If any clause within this Disputes/Arbitration section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect. In any event, if for any reason a Dispute between GLASS COMMERCE and you is before a court (e.g., if the arbitration provisions are found unenforceable or if pursuant to these Terms & Conditions the matter is not subject to arbitration), GLASS COMMERCE and you agree to waive, to the fullest extent allowed by law, any trial by jury.
This Disputes/Arbitration section will also apply to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of GLASS COMMERCE, or any employee, officer, director, or investor of GLASS COMMERCE, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms & Conditions (such as with respect to their validity or enforceability), the GLASS COMMERCE marketplace, any person’s access to and/or use of the GLASS COMMERCE marketplace, and/or the provision of content, products, services, and/or technology on or through the GLASS COMMERCE marketplace.
15. Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
For purposes of this section, we will also use the capitalized word “Dispute” to mean any dispute, claim, or controversy arising out of or relating to these Terms & Conditions (such as with respect to their validity or enforceability), the GLASS COMMERCE marketplace, your (or anybody else’s) access to and/or use of the GLASS COMMERCE marketplace, and/or the provision of content, products, services, and/or technology on or through the GLASS COMMERCE marketplace. GLASS COMMERCE and you agree to resolve any Dispute will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. GLASS COMMERCE and you further agree to not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to any Dispute with a third party.
If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in California.
If any clause within this Class Action Waiver section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.
This Class Action Waiver section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of GLASS COMMERCE, or any employee, officer, director, or investor of GLASS COMMERCE, and to any claims asserted by any of them against you, to the extent that any such claims is a Dispute.
16. Changes to These Terms & Conditions
GLASS COMMERCE may amend these Terms & Conditions (including any Service Terms) at any time and at GLASS COMMERCE’s sole discretion by posting the updated version oncommerce.glass Updates to the Terms & Conditions apply on a going-forward basis as of the date they take effect.
17. Termination by COMMERCE
We may close your account at any time in our sole discretion and without notice to you. While we always want to promote a great shopping experience at GLASS COMMERCE, this means we can close (or suspend) your account if we believe you are using the GLASS COMMERCE marketplace in a manner not intended by us, or in a way that circumvents these Terms & Conditions, or is contrary to the spirit of any activity on the GLASS COMMERCE marketplace (like a promotion or contest). In no case will GLASS COMMERCE’s closure of your account, or reduction of your access to the GLASS COMMERCE marketplace, waive or affect any other right or relief to which GLASS COMMERCE may be entitled.
18. Entire Agreement and Admissibility; Applicability to Sellers
These Terms & Conditions constitute the entire agreement and understanding between you and GLASS COMMERCE with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms & Conditions shall be admissible in judicial, arbitral, or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You may not assign or otherwise transfer these Terms & Conditions, by operation of law or otherwise, without GLASS COMMERCE’s prior written consent. Subject to the foregoing restriction, these Terms & Conditions will be binding on, inure to, and enforceable against the parties and their respective successors and assigns. GLASS COMMERCE may assign these Terms & Conditions in its sole discretion by providing you notice of the same. For example, GLASS COMMERCE may unconditionally assign or otherwise transfer these Terms & Conditions to any successor in interest, such as an acquirer of a GLASS COMMERCE company (via merger, sale of stock, etc.) or a buyer of substantially all of its assets.
Headings are for reference purposes only and do not limit the scope or extent of any section.
GLASS COMMERCE’s failure to enforce your strict performance of any provision of these Terms & Conditions will not constitute a waiver of GLASS COMMERCE’s right to enforce such provision or any other provision of these Terms & Conditions.
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place, except as explained in the second-to-last paragraphs of the “Disputes/Arbitration” and “Class Action Waiver” sections.
20. How to Contact Us
If you have any questions or comments, please contact GLASS COMMERCE by emailing us at firstname.lastname@example.org