Date of last revision July 16, 2009
1. Application and acceptance
For the purpose of this Agreement, a “User” is any person who is accessing MERCATRADE.com for any purpose, whether or not the “User” is a registered member of the Site, a free member of the site or a paying customer for one or several services provided by MERCATRADE. A User includes the person using MERCATRADE.com and any legal entity which may be represented by such person under actual or apparent authority.
In case of purchase of a product or a service provided by MERCATRADE or its affiliates, additional terms of conditions to this Agreement may apply. In case of conflict or inconsistency between provision(s) of this Agreement and provision(s) of the terms and conditions applicable to the purchase of the product or service, the provision applicable to the purchase of such product or service shall prevail.
2. “Paying Services”
Joining MERCATRADE.com and listing products and services is free; however restrictions apply on free listing format (such as limited number of listing with pictures), listing features (such as frame and bolded text that are not available to free members) and the number of listing allowed. We do charge fees for using some of MERCATRADE’s services (“Paying Services”), such as “Power Trader” (a pack of marketing services for sellers and buyers).
Fees may change from time to time at MERCATRADE’s sole discretion, for promotional events, for new services or new fee policy applicable. The fee to be paid by the user is the fee applicable at the date of the request for any Paying Service by the user.
MERCATRADE reserves the absolute right, at its sole discretion and without prior notice, to deny free or Paying Services to any Users, deny registration, terminate accounts, remove or edit content..
3. Using MERCATRADE.com
MERCATRADE grants the User a limited license to access and use this Site solely for their personal or internal purposes. This site or any portion of this site, including any information, text, images, directories, files, databases, listings, product or service description, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial or non commercial purpose without the express written consent of MERCATRADE. Any use of data mining, robots or similar data gathering and extraction tools is also excluded from this license. This license is revocable at any time without notice or without a cause.
Each User agrees that MERCATRADE is not responsible and shall not be held liable for any material posted on MERCATRADE.com or transferred using MERCATRADE.com email service.
4. Registered User
A registered User (also referred to as “member”) is a User that has filled out the registration form provided on the Site. If the Registered User is a legal entity (such as company or organization), you represent that you have the authority to bind the entity to this Agreement. For the purpose of this provision, a branch or representative office will not be considered a separate entity.
In consideration of your use of the site, you agree to provide accurate, current and complete information about you or the legal entity that you represent, as may be prompted by any registration forms on the Site (Registration Data). You agree to maintain the security of your password and identification. You agree to maintain and promptly upgrade the Registration Data, and any other information you provide to MERCATRADE, to keep it accurate, current and complete. You agree to be fully responsible for all use of your account and for any actions that take place using your account. You agree that your personal data will be included in MERCATRADE database and authorize MERCATRADE to share such information with other Users.
Your account is not transferable without the written consent of MERCATRADE.com.
MERCATRADE.com provides each Registered User with a web-based email account. You agree to be fully responsible for all use of your email account and for any actions that take place using your email account. Your email account shall not be used for: chain letters, mass mailing, junk mail or any form of “spam”.
For the purpose of this Agreement, you also agree to use the email account in compliance with article 5 of this Agreement.
5. Posting of listings, posting of information and communication between Users (“User Content”)
Only Registered Users are allowed to post listings (an offer/request to buy/sell products/services that includes text or text and images), to post information and/or images (about its company or organization, about its products or services, comments on any content available on MERCATRADE.com), to communicate with other MERCATRADE.com Users, MERCATRADE team or MERCATRADE affiliates and partners.
It is prohibited to insert email address or external website link in your listing description or company profile since MERCATRADE provides you with these features.
Some listing features may not be available for certain listing categories (such as but not limited to listings of the categories “Tradeshow”). You agree not to hold MERCATRADE liable for the unavailability of such listing features.
5.1 Information you provide to MERCATRADE:
By Posting listings and information you provide MERCATRADE with information that will be displayed on MERCATRADE.com. Therefore, you represent, warrant and agree:
You also grant MERCATRADE a nonexclusive, royalty free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MERCATRADE and sublicensees the right to use the name that you submit in connection with such content and information, if they choose.
5.2 Respect of Third Party Intellectual Property Rights:
MERCATRADE takes no responsibility and assumes no liability for any content or information posted by you or any third party.
By entering into this Agreement you represent, warrant and agree that you have obtained all necessary third party copyright, trademark, patent or any other right and permission regarding to third party intellectual property right, that may be required in connection with your use of MERCATRADE.com.
You also represent, warrant and agree that you have all the necessary rights, including third party intellectual property rights, to manufacture, offer, sell, import, export, and distribute the products or services that you display on MERCATRADE.com. You also represent, warrant and agree that you have all the necessary rights to mention and represent any brand, company or any legal entity that you may mention in your listing.
You will indemnify MERCATRADE for all claims and any related expenses resulting from the content and information you supply to MERCATRADE.com and post on MERCATRADE.com.
5.3 General restrictions:
Each User hereby represents, warrants and agrees that product or service details, images, content and information submitted to MERCATRADE a)for display on the website, b) to be transmitted to other Users, MERCATRADE team, MERCATRADE affiliates or partners by using the email account; shall not:
MERCATRADE reserves the right, at its sole discretion and without prior notice, to terminate accounts, remove or edit content for whatever reason in order to protect the interest of MERCATRADE.
Each Registered Member is solely responsible for the contents of their communications and content and maybe held legally liable or accountable for the content of their comments or other material or information.
We store and process your information on computers located in the United States. You hereby agree to have your personal data transferred and processed in the United States.
You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account.
7. Third Party Content
MERCATRADE offers access to news, articles, information, data which are provide by third parties. MERCATRADE or its news, articles, information or data providers cannot be held liable in any way for any errors, inaccuracies or lack of completeness.
The opinions expressed in third party contents are those of the author of the content and do not represent MERCATRADE opinions. MERCATRADE cannot be held liable for any opinion expressed in third party content. If you become aware of any libelous, illicit or illegal content please notify MERCATRADE so that appropriate steps can be taken to remove the contentious item if appropriate.
Our third party news, articles, information, data may include copyrighted, trademarked, or other proprietary materials. You may use this content for information purposes only. You may not use this content in a way that infringes or violates anyone’s proprietary rights.
8. Other businesses
Parties other than MERCATRADE provide or sell products or services on this site (“MERCATRADE Partners”, “MERCATRADE Affiliates”). In addition, we provide links to the sites of other businesses. MERCATRADE is not responsible for examining or evaluating, and MERCATRADE does not warrant the offerings of, any of these businesses or individuals nor the content of their web sites. MERCATRADE does not assume any responsibility or liability for the actions, product and content of all these businesses and any other third parties. It is your responsibility to review their privacy statements and other conditions of use.
9. Intellectual Property Rights
MERCATRADE and other company graphics, logos designs, pages headers, buttons icons, script and service names are under pending application for trademark in the US and registered trademarks or under pending application for trademark in other countries. MERCATRADE’s trademarks may not be used in any way, including as part of trademarks and/or domain names, in connection with any product or service in any manner and may not be copied, imitated, or used, in whole or in part, without the prior written permission of MERCATRADE.
All content on MERCATRADE.com including designs, text, graphics, pictures, information, applications, software and other files, and their selection and arrangement (“the Site Content”), are the proprietary property of MERCATRADE, or its licensors with all rights reserved. No Site Content maybe modified, copied, distributed, or sold in any form or by any means, in whole or in part, without MERCATRADE’s prior written permission.
Any unauthorized use of the Site, as stated in this Agreement, may also violate applicable laws including copyrights and trademark laws. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise.
10. Transaction between Buyers and Suppliers
MERCATRADE is not involved in the actual transaction between buyers and sellers.
No agency, partnership, representation, joint-venture, employee-employer or franchiser-franchisee relationship is intended or created under this Agreement.
For the purpose of this agreement, “Members Products or Services” are products or services that are displayed on MERCATRADE.com by Registered Users
As a result, MERCATRADE shall not be held liable or responsible (including but not limited to):
Each User acknowledges that MERCATRADE shall not be held liable or responsible for any direct or indirect damages, liabilities, costs, harms, inconvenience, business disruption, loss of business or expenditures of any kind arising as a result of or in connection with any operations or transactions (including but not limited to the purchase or the sale) involving Members Products and Services.
11. Disclaimers of warranty
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY MERCATRADE ON A “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MERCATRADE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MERCATRADE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MERCATRADE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR SERVICE AND/OR ANY PLATFORM APPLICATIONS. MERCATRADE DOES NOT REPRESENT OR WARRANT THAT THIS SITE; ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM MERCATRADE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT , ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
12. Limitation of Liability
MERCATRADE.com may be temporarily unavailable or its service delayed from time to time due to maintenance of the site or for any other reasons that are not under MERCATRADE’s control. As a result of such delay or interruption in the service, MERCATRADE assumes no responsibility and shall not be held responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications, line failure, theft or destruction or unauthorized access to, or alteration of, User communications arising as a result of, or in connection with such unavailability or delay in providing the service.
MERCATRADE is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure or email on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site or in connection with the service.
MERCATRADE will not be held liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) and services (including paid services) included on or otherwise made available to you through this site, User’s content, User’s actions or inactions, Members Products or Services including, but not limited to direct, indirect, incidental, punitive, and consequential damages whatsoever. Each User further agrees that MERCATRADE is not responsible, and shall have no liability to it or anyone else for any material posted or sent by any other User or third parties and that the risk of damage from such material rests entirely with each User or third parties.
Regardless of the previous paragraph, if MERCATRADE is found to be liable, our liability is limited to the greater of (a) the total fees you paid to us in the 12 months prior the action giving rise to the liability and (b) USD100.00.
You agree to indemnify and hold MERCATRADE, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out or in connection with any User Content, any Third Party content or applications, software or content you post or share on or through the Site (including through the email service), your use of the Site, your conduct in connection with the use of the site or any violation of this Agreement or of any law or the rights of any third party.
14. Additional Terms
The following policies provide additional terms and conditions related to your use of MERCATRADE.com:
Each of these policies may change from time to time. Changes take effect when they are posted on MERCATRADE.com
This Agreement and the here above mentioned policies constitute the entire agreement between the User and MERCATRADE superseding any prior agreements between you and MERCATRADE relating to your use of the Site.
When a User contract paid services or products from MERCATRADE additional terms and conditions to this Agreement may apply in connection with the service or the product ordered.
The failure of MERCATRADE to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such rights or provision or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
All notices to MERCATRADE shall be effective in writing and shall be sent to MERCATRADE S.A., calle 17 y Avenida Santa Isabel, 0302-00192 Colon Free Zone, Republic of Panama.
All notices to you shall be served to the email address you provide during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, MERCATRADE may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given five days after the date of mailing.
The User may not assign this Agreement or any other Agreements the User may enter into with MERACTRADE, in whole or in part, without MERCATRADE’s prior written consent. Any assignment of this Agreement or other Agreements without such consent will be unenforceable, null and void.
17. Governing law, jurisdiction and resolution of disputes
This Agreement shall be governed in all respects by the laws of the republic of Panama without regard to its conflict of law provisions.
For any claim where the total amount of the award sought is less than $5,000.00, the party requesting relief may elect to resolve the dispute in a cost affective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
For any claim where the total amount of the award sought is more than $5,000.00, the dispute shall be resolved by a court located in the Republic of Panama.