Global Oversupply Inc. (GOS) Conditions of Use
Last updated: July 20, 2018
Welcome to www.globaloversuply.com (the “GOS site”). Global Oversupply Inc., and/or its affiliates (“GOS”) provides website features and other products and services to you when you visit or shop at the GOS site, use GOS products or services, use GOS applications for mobile, or use software provided by GOS in connection with any of the foregoing (collectively, “GOS Services”). GOS provides the GOS Services subject to the following conditions.
By using GOS Services, you agree to these conditions. Please read them carefully.
When you use any GOS Service, or send e-mails, text messages, and other communications from any device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on the GOS site or through other GOS Services. You agree that all agreements, notices, messages, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any GOS Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of GOS or its content suppliers, and is protected by Canadian and international copyright laws. The compilation of all content included in or made available through any GOS Service is the exclusive property of GOS and protected by Canadian and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any GOS Service are trademarks or trade dress of Global Oversupply Inc., or its affiliates, in Canada and other countries. Global Oversupply Inc.’s trademarks and trade dress may not be used in connection with any product or service that is not Global Oversupply Inc.’s or its affiliates’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Global Oversupply Inc. or its affiliates. All other trademarks not owned by Global Oversupply Inc. or its affiliates that appear in any GOS Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Global Oversupply Inc. or its affiliates.
License and Access
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, GOS or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of the GOS Services. This license does not include any resale or commercial use of any GOS Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any GOS Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by GOS or its licensors, suppliers, publishers, rights holders, or other content providers. No GOS Service, nor any part of any GOS Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of GOS. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GOS without express written consent. You may not use any Meta tags or any other “hidden text” utilizing GOS’s name or trademarks without the express written consent of GOS. You may not misuse the GOS Services. You may use the GOS Services only as permitted by law. The licenses granted by GOS terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own GOS account to use certain GOS Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Click here to manage your payment options. 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. GOS does sell products for children, but it may sell them to adults who can purchase with a credit card or other permitted payment method. If you are under the age of majority in your province of residence, you may use the GOS Services only with involvement of a parent or guardian. GOS reserves the right to refuse service, terminate accounts, terminate your rights to use GOS Services, remove or edit content, or cancel orders in its sole discretion.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, photos, and other content; submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. GOS reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant GOS a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media for all purposes, including in advertising and promotions. You grant GOS and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify GOS for all claims resulting from content you supply. GOS has the right but not the obligation to monitor and edit or remove any activity or content. GOS takes no responsibility and assumes no liability for any content posted by you or any third party.
Intellectual Property Complaints
GOS respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow this procedure:
If you believe that your intellectual property rights are being infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at:
Written claims concerning copyright infringement must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Risk of Loss
Risk of loss and title for items purchased through GOS pass to you upon our delivery to the carrier or, if such items must cross an international border, then risk of loss and title pass to you when they clear customs.
Returns, Refunds and Title
GOS does not accept returned items. Returns of items purchased through Sellers advertising on the GOS website must be made through those Sellers in accordance with their rules for returns and refunds.
Product Descriptions are provided by the Seller and GOS does not warrant that product descriptions or other content of any GOS Service is accurate, complete, reliable, current, or error-free. If a product offered by the Seller is not as described, your sole remedy is to return it to the Seller in unused condition or as negotiated between you and the Seller.
“Price” means the price of a product as provided by a seller.
With respect to items sold on the GOS site, we cannot confirm the price of an item until you place your order.
Parties other than GOS operate stores, provide services or software, or sell product lines through the GOS Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from GOS. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. GOS does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Disclaimer of Warranties and Limitation of Liability
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC’S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THE GOS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GOS SERVICES ARE PROVIDED THROUGH GOS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GOS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE GOS SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GOS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE GOS SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GOS DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. GOS DOES NOT WARRANT THAT THE GOS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GOS SERVICES; ITS SERVERS, ELECTRONIC COMMUNICATIONS, OR E-MAIL SENT FROM GOS SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GOS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY GOS SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY GOS SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Applicable Law and Disputes
(Not applicable to Quebec consumers) Any dispute or claim relating in any way to your use of any GOS Service, or to any products or services sold or distributed through GOS will be resolved by binding arbitration, between you and the party providing the products or services you purchased.
Site Policies, Modification, and Severability
Please review our other policies posted on the GOS site. These policies also govern your use of GOS Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Global Oversupply Inc.
Additional GOS Software Terms
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with GOS Services (the “GOS Software”).
- Use of the GOS Software. You may use GOS Software solely for purposes of enabling you to use and enjoy the GOS Services as provided by GOS, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the GOS Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the GOS Software or otherwise assign any rights to the GOS Software in whole or in part. You may not use the GOS Software for any illegal purpose. We may cease providing any GOS Software and we may terminate your right to use any GOS Software at any time. Your rights to use the GOS Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third-party terms contained within or distributed with certain GOS Software that are specifically identified in related documentation may apply to that GOS Software (or software incorporated with the GOS Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any GOS Service is the property of GOS or its software suppliers and protected by Canadian and international copyright laws.
- No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the GOS Software, whether in whole or in part, or create any derivative works from or of the GOS Software.
- Updates. In order to keep the GOS Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
- Export Regulations. You must comply with all export and re-export restrictions and regulations of the U.S. Department of Commerce, Foreign Affairs and International Trade Canada, and other U.S. and Canadian agencies and authorities that may apply to the GOS Software.