Your access and use of this website ("Site") is subject to the following terms andconditions
("Terms and Conditions"). The terms "you" and "your" refers to the customer/AuthorizedUser
utilizing our Site. The terms "we" and "our" refer to GHMconnect.com. If youaccess
our Site you automatically accept these Terms and Conditions. You acknowledgeand
agree that we will treat your use of our Site as the acceptance of these Termsand
Conditions. Please read them carefully. We reserve the right to amend theseTerms
and Conditions as set forth below. Your use of our Site is subject to themost current
version of these Terms and Conditions as posted on our Site from timeto time.
Privacy Policy
Except as otherwise expressly provided for in these Terms and Conditions, your useof
this Site is subject to our Privacy Policy which may be viewed at Privacy Policy,which
is expressly made a part of these Terms and Conditions. Please review ourPrivacy
Policy before using our Site. Our Privacy Policy explains how we treat yourpersonal
information and protect your privacy when you use our Site.
Use of GHMconnect.com
The Site is operated as a resource for retailers/resellers to grow their business.We
operate as a wholesale-only buying venue as well as a business resource. Salestransactions
via the Site will be made between GHMconnect.com (on behalf of itssuppliers) and
Authorized Users only and all transactions will be governed by theseTerms and Conditions.
You must be a reseller of goods to qualify as an AuthorizedUser of this Site. Sales
will not be made to the general public. A password is requiredto engage in any transactions
on the Site.
You agree to use the Site only for purposes that are permitted by (a) these Termsand
Conditions, and (b) any applicable law, regulation or generally accepted practicesor
guidelines in the relevant jurisdictions.
You agree that you will not engage in any activity that interferes with or disruptsthe
Site (or the servers and networks which are connected to the Site).
You agree that you are solely responsible for (and that GHMconnect.com has no responsibilityto
you or to any third party) for any breach of your obligations under the Termsand
Conditions and for the consequences (including any loss or damage which GHMconnect.commay
suffer) of any such breach.
Application for Authorized User status/Termination
To register as an Authorized User at GHMconnect.com you must submit proof of beingan
authorized reseller by submitting complete retailer and account information.You
must complete the registration process and be qualified as an Authorized Userbefore
you will be allowed to make purchases on GHMconnect.com. The applicationform requires
the applicant's Federal Tax ID and Reseller ID (from the applicant'shome state or
other jurisdiction), if applicable.
Resellers located in New York State seeking to register as Authorized Users at GHMconnect.commust
also provide photocopies of their resale certification by the State of NewYork.
Required documents are:
1. New York State Department of Taxation and Finance - Sales Tax Certificate ofAuthority
(Form DTF-17 A), and
2. New York State Department of Taxation and Finance Resale Certificate (Form ST-120)made
out to "Company of the GHMconnect, a product of the OLB Group, Inc.."as seller.
GHMconnect.com
ATTN: Reseller Certificates
CO; The OLB Group, Inc.
1120 Avenue of the Americas
Forth Floor
New York, NY 10036
GHMconnect.com reserves the right to terminate any relationship with any AuthorizedUser,
or refuse to enter into any relationship with any applicant, in either casewithout
notice to you, if, in the sole determination of GHMconnect.com, that useror applicant
1) has not provided sufficient documentation as to its status as areseller, 2) represents
an unreasonable business risk to GHMconnect.com or GHMconnect.comdetermines that
the relationship is no longer commercially viable, 3) fails to complywith any part
of these Terms and Conditions, 4) GHMconnect.com is required to doso by law, or
5) for any other reason or no reason as GHMconnect.com deems sufficientin its sole
determination. Termination of your relationship with GHMconnect.comshall not terminate,
postpone or abate any obligations you have to GHMconnect.comoutstanding as of the
date of termination, including but not limited to all amountsdue under your Account
as of the date of termination (or posted subsequent theretofor purchases occurring
prior to termination).
Representation of Products
Written descriptions and photographic images of the products presented at GHMconnect.comare
provided by the suppliers of the products. While we urge our suppliers to beas accurate
as possible, GHMconnect.com does not guarantee or warrant that any productinformation
or image is accurate, current, reliable, complete or error-free, thatany product
offered for sale is fit for any particular purpose, saleable, or ofany specific
quality, or that the product, its description or its image does notinfringe on the
rights of any third party. GHMconnect.com reserves the right toadd to or remove
any product from the Site at any time and without notice, and tocreate categories
of products and to place any product into a category or categories,at its sole discretion.
If a product offered by GHMconnect.com is not as described,your sole remedy is to
return it in unused condition.
Prices and Availability of Products
Prices and availability of products presented on GHMconnect.com are subject to changewithout
notice. Items offered for sale may also be withdrawn without notice. Itemsput in
a "Shopping Basket" will automatically be saved if the Authorized User logsoff.
Saving a basket in this way does not guarantee price or product availabilitywhen
the basket is retrieved. Upon retrieval of any saved basket, the basket willbe updated
automatically to reflect any changes in availability and price.
Payment Terms
You agree to pay for all products you purchase through the Site, and that we maycharge
your credit card account for any products purchased, and for any additionalamounts
(including any taxes and late fees, as applicable) as may be accrued byor in connection
with your Account. YOU ARE SOLELY RESPONSIBLE FOR THE TIMELY PAYMENTOF ALL FEES
AND FOR PROVIDING GHMconnect.com WITH A VALID CREDIT CARD FOR PAYMENTOF ALL FEES.
All fees will be billed to the credit card you designate during theregistration
process. If you want to designate a different credit card or if thereis a change
in your credit card status, you must change your credit card accountinformation
on the Site by clicking on "My Account" in the toolbar at the mastheadof any page
or on My Acount. This may result in a temporary disruption of your abilityto conduct
transactions on the Site until we can verify the validity of the newcredit card
information. Payments for transactions on GHMconnect.com may be paidby other payment
terms, if agreed to in advance with GHMconnect.com. GHMconnect.commay deny payment
terms to any Authorized User for any reason or no reason. GHMconnect.comaccepts
MasterCard, Visa, Discover, and American Express cards. In compliance withcredit
card fraud prevention programs, and in order to better protect the interestsof our
Authorized Users, GHMconnect.com validates credit card information and obtainsapproval/authorization
from the credit card company in the amount of the purchase,including applicable
shipping and handling, at the time of each shipment, and GHMconnect.comreserves
the right to re-authorize the Authorized Users' credit card for the amountof the
purchase, as may be necessary from time to time, in accordance with the merchantsales
agreement of the credit card issuing company. Discrepancies between informationsupplied
in your GHMconnect.com Account page and that provided as part of the orderingprocess
will result in ordering/fulfillment delays or order cancellation. Creditcard payment
terms are determined by the credit card issuing company. GHMconnect.comreserves
the right to add or drop the credit card companies it accepts at its solediscretion.
Shipping, Shipping Charges and Order Tracking
Orders placed through GHMconnect.com will be shipped from the suppliers by commoncarrier
pursuant to a shipment contract between you and the supplier. Shipping arrangementsare
made by the supplier and all products are shipped FCA, supplier's warehouse.This
means that shipping arrangements are made by the supplier on your behalf andthe
risk of loss and title for such items pass to you upon delivery by the supplierto
the carrier.
You are responsible for all shipping costs. Shipping is generally 10-20% of themerchandise
total. Exceptions may include (but are not limited to) weight, size,delivery address
and number of packages in which case additional shipping chargesmay apply and are
based on actual charges through the common carrier. You will becharged for the product
costs, shipping charges and handling charges if applicable.All charges will be itemized
on the final order and will be subject to your acceptance.Your acceptance of an
order is your unconditional promise to pay for all shippingand related charges.
You will receive delivery and billing notification once thecomplete order is shipped.
Returns and Cancellations
YOU MUST HAVE A RETURN AUTHORIZATION (CALL TAG) FROM GHMconnect.com IN ORDER TORETURN
ANY PRODUCT (unless instructed otherwise by GHMconnect.com). If you attemptto return
any product without a call tag, your account will not be credited forthe purchase
price.
Returns are accepted for the following reasons ONLY:
"
" A) The product arrives damaged or defective;
" B) The wrong product was shipped.
" All Authorized Returns must be returned in like-new condition.
" Where damage has occurred, the Authorized User must hold damaged product(s) andthe
original packing for 30 days following the issuance of a call tag. GHMconnect.comreserves
the right to inspect the damaged goods.
Cancellations Your Account
When you register as an Authorized User to set up an Account, and as you engagein
transactions over the Site from time to time, you may be required to providepersonal
information about yourself (such as identification or contact details).You agree
that any registration information you give to GHMconnect.com will alwaysbe accurate,
correct and up to date.
You are responsible for maintaining the confidentiality of your Account and forprotecting
your password and for restricting access to your computer, and you agreeto accept
responsibility for all activities that occur under your Account or usingyour password.
If at any time you would like to change your password or shipping address, justgo
to the "My Account" in the toolbar at the masthead of any page or by clickingon
MY Account . Here you can view your orders and change or update your shippingand
billing addresses. Once you have registered with GHMconnect.com, you are automaticallyincluded
in our informational and promotional communications. At any time, you maychoose
to opt out of our promotional emails and other communications by indicatingyour
preference on your My Account page.
License
GHMconnect.com grants you a limited license to access and make use of this Siteand
not to download (other than page caching) or modify it, or any portion of it,except
with express written consent of GHMconnect.com. This license is non-assignableand
non-exclusive. This license does not include any resale use of this Site orits contents;
any collection and use of any product listings, descriptions, or prices;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.Your commercial
use of this Site is limited solely to the purchase of product forresale as contemplated
in these Terms and Conditions.
Copyright
All content, layouts, graphics, and images on GHMconnect.com are the property ofGHMconnect.com
and/or its suppliers and are protected by United States and internationalcopyright
laws. The compilation of all content on this Site is the exclusive propertyof GHMconnect.com
and is protected by United States and international copyrightlaws. All software
used on this site is the property of GHMconnect.com and/or itssoftware suppliers
and is protected by United States and international copyrightlaws. Any reproduction,
transfer, distribution, storage or use in violation of theseTerms and Conditions
of all or part of this content or this Site in any non-personalor commercial form
or use, without the prior written consent of GHMconnect.com,is prohibited. You agree
not to modify, rent, lease, loan, sell, distribute, orcreate derivative works based
on the Site, in any manner, and you shall not exploitthe Site in any unauthorized
way whatsoever.
GHMconnect respects the intellectual property of others and we adhere to the proceduresset
forth in the Digital Millennium Copyright Act regarding claims of infringement.If
you believe that your work has been copied in a way that constitutes copyrightinfringement,
please follow the procedures set forth in our Copyright InfringementNotice section
at Digital Millennium Copyright Act.
Trademarks
GHMconnect.com and the logo of the globe with price tag design, and any other GHMconnect.comtrademarks,
service marks, graphics and logos used on the Site are registered trademarksof GHMconnect.com
in the United States and other countries. Other trademarks, servicemarks, graphics
and logos used on the Site are the property of their respectiveowners. Trademarks,
service marks, graphics and logos owned by GHMconnect.com maynot be used in any
manner that is likely to cause confusion among customers, thatdisparages or discredits
GHMconnect.com, or is not consistent with the relationshipestablished by these Terms
and Conditions. You are granted no right or license byGHMconnect.com with respect
to any trademarks, service marks, graphics or logosowned by third parties. You must
contact each owner to obtain any right or licenseto such material.
Disclaimer of Warranties and Limitation of Liability
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE THIS SITE IS AT YOUR SOLERISK.
NEITHER GHMconnect.com, OUR AFFILIATES, SUPPLIERS, THIRD-PARTY CONTENT PROVIDERS,OR
AGENTS, NOR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEESAND
AGENTS, WARRANT THAT GHMconnect.com WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREEOR
FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHERSECURITY
INTRUSION; NOR DO WE MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE RESULTSTHAT
MAY BE OBTAINED FROM THE USE OF GHMconnect.com, OR AS TO THE ACCURACY OR RELIABILITYOF
ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED ON OR THROUGH GHMconnect.com,OR
THAT THE SITE WILL MEET YOUR REQUIREMENTS OR NEEDS. NO ORAL OR WRITTEN REPRESENTATIONGIVEN
BY ANY OF THE FOREGOING SHALL CREATE A WARRANTY OF ANY KIND AND YOU AGREETHAT YOU
SHALL NOT RELY ON ANY SUCH REPRESENTATION.
THIS SITE IS PROVIDED BY GHMconnect.com ON AN "AS IS" AND "AS AVAILABLE" BASIS.GHMconnect.com
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,AS TO THE
OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, OR PRODUCTS AVAILABLETHROUGH
THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GHMconnect.comDISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIEDWARRANTIES
OF SALABILITY, MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, ANDTITLE AND NON-INFRINGEMENT
REGARDING ANY PRODUCTS OR SERVICES SOLD BY IT OR OTHERSON THE SITE OR ELSEWHERE.
GHMconnect.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANYKIND ARISING FROM YOUR USE
OF THIS SITE AND/OR THE PRODUCTS OFFERED OR PURCHASEDON OR THROUGH THIS SITE, INCLUDING
BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,PUNITIVE, SPECIAL AND CONSEQUENTIAL
DAMAGES HOWEVER CAUSED AND UNDER ANY THEORYOF LIABILITY. THIS SHALL INCLUDE, BUT
NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHERINCURRED DIRECTLY OR INDIRECTLY),
ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANYLOSS OF DATA SUFFERED, COST OF PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES, OR OTHERINTANGIBLE LOSS, ANY LOSS OR DAMAGE WHICH
MAY BE INCURRED BY YOU AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANYPRODUCT
DESCRIPTION OR INFORMATION, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTIONBETWEEN
YOU AND ANY SUPPLIER;
(II) ANY CHANGES WHICH WE MAY MAKE TO THE SITE, OR FOR ANY PERMANENT OR TEMPORARYCESSATION
IN THE PROVISION OF THE SITE (OR ANY FEATURES WITHIN THE SITE);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHERCOMMUNICATIONS
DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE;
(IV) YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION;
(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THE LIMITATIONS ON OUR LIABILITY TO YOU HEREIN SHALL APPLY WHETHER OR NOT WE HASBEEN
ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSESARISING.
GHMconnect.com DOES NOT WARRANT THAT ITS SERVERS OR EMAILS SENT FROM ITS SERVERSARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISEOBTAINED
THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK ANDYOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICEOR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
UNDER NO CIRCUMSTANCES SHALL GHMconnect.com OR ANY OTHER PARTY INVOLVED IN CREATING,PRODUCING,
OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,SPECIAL,
OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USEGHMconnect.com,
INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATIONOBTAINED FROM GHMconnect.com
OR ITS AFFILIATES OR ANY AGENT OF IT OR THEM, OR THATRESULT FROM MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS,DEFECTS, VIRUSES, DELAYS IN OPERATION
OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE,OR THE QUALITY OR MERCHANTABILITY
OF THE PRODUCTS OR SERVICES SOLD BY IT OR OTHERS,WHETHER OR NOT RESULTING FROM ACTS
OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION,OR UNAUTHORIZED ACCESS TO GHMconnect.com'S
RECORDS, PROGRAMS, OR SITE OR ANY OTHERCAUSE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH
SHALL APPLY TO ALL CONTENT, MERCHANDISE,AND SERVICES AVAILABLE THROUGH GHMconnect.com.
TO THE EXTENT ANY CLAIM FOR DAMAGESOF ANY KIND RELATES TO A PRODUCT PURCHASED THROUGH
THIS SITE, IT IS AGREED THATSUCH CLAIM WILL BE MAINTAINED ONLY AGAINST THE SUPPLIER/MANUFACTURER
OF THE PRODUCT.BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIALOR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE
FULLEST EXTENTPERMITTED BY LAW.
Waiver and Indemnity
BY USING THE SITE, YOU AGREE TO INDEMNIFY AND HOLD GHMconnect.com, ITS AFFILIATES,AND
ITS AND THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES AND AGENTSHARMLESS
WITH RESPECT TO ANY CLAIM, LIABILITY, EXPENSE (INCLUDING BUT NOT LIMITEDTO REASONABLE
ATTORNEYS' FEES AND COSTS), AND/OR DAMAGE ARISING OUT OF YOUR BREACHOF THESE TERMS
AND CONDITIONS, YOUR USE OF THE SITE, OR ANY ACTION TAKEN BY US ASPART OF ITS INVESTIGATION
OF A SUSPECTED VIOLATION OF THESE TERMS AND CONDITIONSOR AS A RESULT OF ITS FINDING
OR DECISION THAT A VIOLATION OF THESE TERMS AND CONDITIONSHAS OCCURRED. THIS MEANS
THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM GHMconnect.com,OUR AFFILIATES, AND/OR
OUR AND THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS,EMPLOYEES AND AGENTS AS
A RESULT OF OUR DECISION TO REMOVE OR REFUSE TO PROCESSANY INFORMATION OR CONTENT,
TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TOTHE SITE, OR TO TAKE ANY OTHER
ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATIONOR AS A RESULT OF OUR CONCLUSION
THAT A VIOLATION OF THESE TERMS AND CONDITONS HASOCCURRED, OR OUR DECISION, FOR
ANY REASON OR NO REASON, TO TERMINATE OUR SERVICETO YOU AND YOUR ACCESS TO THE SITE.
THIS WAIVER AND INDEMNITY PROVISION APPLIESTO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED
BY THESE TERMS AND CONDITIONS.
Applicable Law
By visiting GHMconnect.com, you agree that the laws of the state of New York, withoutregard
to principles of conflicts of laws, will govern these Terms and Conditionsand our
Privacy Policy and any dispute of any sort that might arise between youand GHMconnect.com
and our affiliates.
Disputes
Any controversies arising out of the Site or goods or services for sale on thisSite
shall be settled in accordance with the internal laws of New York, excludingthat
body of laws known as conflict of laws. Any party to such a controversy herebyagrees
that it shall be resolved by arbitration under the rules of the AmericanArbitration
Association in the City, County and State of New York and shall be enforceableby
judgment entered on an award. Notwithstanding this, you agree that GHMconnect.comshall
be allowed to apply for injunctive remedies (or an equivalent type of urgentlegal
relief) in any jurisdiction.
Changes to Terms and Conditions
GHMconnect.com reserves the right to amend, modify, delete, or cancel any of theseTerms
and Conditions, without advance notice, at any time. All such amendments willbe
published on the site. All amendments, modifications, deletions, or cancellationsof
any of these Terms and Conditions ("New Terms") will be effective immediatelyand
incorporated into these Terms and Conditions. Your continued use of the Sitefollowing
any the issuance by us of any New Terms will be deemed to constitute youracceptance
of any and all New Terms. All New Terms are hereby incorporated intothese Terms
and Conditions by this reference. However, the version of these Termsand Conditions
in effect at the time of a transaction will govern our relationshipthrough the course
of that transaction.
Miscellaneous
If any of the Terms and Conditions shall be deemed invalid, void or for any reasonunenforceable,
that term or condition shall be deemed severable and shall not affectthe validity
and enforceability of any remaining term or condition. Our failureto enforce any
right or provision in these Terms and Conditions will not constitutea waiver of
such provision, or any other provision of these Terms and Conditions.GHMconnect.com
will not be responsible for failures to fulfill any obligations dueto causes beyond
our control.
Ownership and Address
GHMconnect.com
is owned and operated by
The OLB Group, Inc.
1120 Avenue of the Americas
Forth Floor
New York, NY 10036
We welcome comments and questions. Please contact us at
service@GHMconnect.com.
Revised and effective September 15, 2010