Terms & Condition

All services provided by Global Medical Supply, LLC d/b/a globalmedicalsupply.shop are governed under our Terms and Conditions, and are subject to change at any time. These Terms and Conditions apply to a standard routed export transaction, when Member purchase products in the United States from merchants acting as the U.S. Principal Party in Interest, as defined by the United States Foreign Trade Regulations. Part VIII, below, provides additional terms when Members engage in a direct export transaction as the U.S. Principal Party in Interest. 

Activation of the Member's GMS account or use of services provided by Access USA Shipping, LLC (hereinafter "GMS") through the globalmedicalsupply.shop website (“Website”) will represent Member's acceptance of these terms and conditions (hereinafter "Terms and Conditions"), and Member's authorization for GMS to charge Member's payment method for all future charges incurred under the Member’s account. Member acknowledges that GMS’ Privacy Policy applies to these Terms and Conditions. 

GMS reserves the right, at its sole discretion, to change, modify, or otherwise alter these terms and conditions. It is Member's responsibility to review the GMS Terms and Conditions periodically as continued use of GMS' services will constitute Member's acceptance of any revised terms and conditions. If Member disagrees with modification made to these Terms and Conditions, Member’s only recourse is to immediately cease using the GMS services, the GMS account, and this Website. 

GMS prohibits any illegal activity by its Members. Any charges incurred, for legal advice or otherwise, by GMS in connection with the enforcement of the law against a Member or a potential Member will be the financial responsibility of Member or potential Member. See Indemnification section below for further details. 

Membership starts the day Member's application is received by GMS. GMS cannot arrange for any shipments until all required documentation is received, including but not limited to a notarized USPS Mail Forwarding Form 1583 before sending mail for Premium+Mail Members. 

I. TERMS OF SERVICE 

1. For Premium+Mail Members, GMS will also receive Member's mail (i.e., letters, catalogs, and newspapers), however, GMS cannot hold or store mail that will not fit into a 4 inch-tall mailbox. GMS will notify Member via e-mail once his/her mailbox is full, and Member will have five (5) days to either (a) request shipment of the mail or (b) request that GMS discard the mail. If no reply is received from the Member, it is deemed that Member is directing GMS to send the mail to Member's address on record through a freight forwarder or carrier. Any charges generated directly from this activity, including taxes, customs duties, and service charges (including any charges that may be established in the future) will be the sole responsibility of Member in accordance with these Terms and Conditions. 
2. Member authorizes GMS to charge his/her payment method for all services and/or account activity with GMS. Such charges may include but are not limited to membership dues, shipping and handling charges, customs duties, return/reroute fees, storage charges, late charges, and any optional services. Failure to provide payment for services rendered at the time of service may result in late charges, stop shipment charges, suspension of service, cancellation of membership, and involuntary return or the discarding of any remaining merchandise. 
3. If a Member's payment method is by credit card, and if such Member has an outstanding invoice or invoices, Member authorizes GMS to charge his/her credit card for the aggregate amount of such outstanding invoice or invoices in one or more credit card transactions. By way of example, if a Member has an outstanding invoice(s) of $3,000 in the aggregate, the Company may either charge Member's credit card (i) one time for $3,000, (ii) three times for $1,000 each, or (iii) any other combination that in the aggregate equals $3,000. 
4. Shipping costs are based on the weight and dimensions of Member's shipments. Shipping costs will be charged according to the actual weight or dimensional weight, whichever is greater. 
5. Member may receive an account credit in Member's GMS account issued by the GMS Customer Service Team. Account credits may only be redeemed towards eligible services purchased under Member's GMS account. Member will have a period of twelve (12) months from the date the account credit is received in Member's GMS account to use the account credit. In the event Member does not use the account credit in the twelve (12) month period, the account credit will be automatically forfeited by Member upon expiration of the twelve (12) month period. Account credit is not redeemable for cash and cannot be transferred to any other Member account or third party. GMS reserves the right to apply Member's account credit towards Member's delinquent account charges. 
6. GMS will allow active Premium and Premium+Mail Members to store their merchandise for up to thirty (30) days at no charge. GMS will allow active Basic Members to store their merchandise for up to five (5) days at no charge. After thirty (30) days for Premium and Premium+Mail Members, or after five (5) days for Basic Members, Member agrees to pay storage charges per box per day, consistent with GMS ' current schedule of fees. All Members, regardless of membership type, agree to ship their merchandise within sixty (60) days of merchandise arriving to their GMS suite. 
7. Where merchandise remains in a Member's suite for more than sixty (60) days (e.g., 61 days or greater), Member authorizes and directs GMS, at GMS ' discretion, to ship such merchandise to Member's current shipping address. Where a Member owes money on their GMS account or Member's payment method will not process appropriately, Member's merchandise will remain on hold, accruing storage, and Member authorizes and directs GMS, at GMS' discretion, to retry payment processing one (1) calendar week later, on day 67. If that attempt is not successful, Member's merchandise will remain on hold, accruing storage, and Member authorizes and directs GMS to retry payment processing one (1) calendar week later, on day 74. If the third attempt to process payment is not successful, Member acknowledges and agrees that the merchandise is no longer considered shippable nor storable and will be forfeited by Member to GMS in order to be sold, destroyed, or otherwise disposed of in a legal and environmentally compliant manner. GMS reserves the right to amend this policy in practice as appropriate and necessary to GMS' business operations. 
8. Prohibited or restricted merchandise is not storable and, at the discretion of GMS, will be rejected, forfeited (and sold), destroyed, or provided to government officials. 
9. Claims for lost or damaged merchandise must be filed within the published time limits of the particular carrier. Claims are considered filed when a fully completed claim form, photograph(s), and supporting documentation, including receipts, are received by GMS. Claims are reviewed individually and the review process will take a minimum of eight (8) weeks. Specific commodities, including computers, electronics, and lighting have limits of liability in case of loss or damage regardless of the declared value or enhanced liability protection. Any liability for damage or loss caused after delivery to GMS is limited to the lesser of (i) the declared value, (ii) proof of purchase price, or (iii) the specific commodity liability limit. GMS does not and will not assume liability for damage or loss to any merchandise caused before delivery to GMS or by prepackage by manufacturer. Failure to file a completed claim within the carrier time limit will invalidate the claim. 
10. In addition to GMS' standard limitation of liability above, Members may purchase enhanced liability protection against risk of physical shipment loss or damage. A fee of US $3.50 will be applied for every US $100 of value. The enhanced liability is subject to the terms and conditions of the particular carrier's airway bill(s). All claims are reviewed individually, and any claim payment will be based on the declared value. 
11. NOTWITHSTANDING ANY OF THE FOREGOING, THE MAXIMUM ENHANCED LIABILITY VALUE ON ANY SHIPMENT ACCEPTED BY GMS IS TEN THOUSAND DOLLARS (US$10,000.00) AND IN NO EVENT WILL THE LIABILITY OF GMS EXCEED THAT AMOUNT. 
12. GMS will not be liable for any indirect, incidental, punitive or consequential loss or damage of any kind or any loss of profit, reputation, income, interest, opportunity, contract or bargain. 
13. Either party may cancel these Terms and Conditions with written notice (via email, fax, letter, or, to the extent provided by GMS, online). Upon cancellation, Members may be entitled to receive a prorated refund on the unused portion of their annual membership charge. Annual membership refunds are based on the monthly membership usage rate for a Premium+Mail Membership and a Premium Membership listed in GMS' current schedule of fees. Refunds will be processed within ten (10) business days of cancellation. 
14. Each Member, as collateral security for the prompt and complete payment and performance when due (whether at stated maturity, by acceleration or otherwise) of any amounts owed to GMS by such Member, whether under these Terms and Conditions or otherwise (the "Secured Obligations"), hereby mortgages, pledges and hypothecates to GMS and grants to GMS a lien on and security interest in, all of its right, title and interest in, to and under any and all packages shipped under Member's account to GMS. 
15. If a Member's account charges become delinquent for more than thirty (30) days, GMS may exercise, in addition to all other rights and remedies granted to it in these Terms and Conditions and in any other instrument or agreement securing, evidencing or relating to any Secured Obligation, all rights and remedies of a secured party under the Uniform Commercial Code or any other applicable law. 
16. Without limiting the generality of the foregoing, GMS may, without demand of performance or other demand, presentment, protest, advertisement or notice of any kind (except any notice required by law referred to below) to or upon a Member or any other person (all and each of which demands, defenses, advertisements and notices are hereby waived to the extent permitted by law), during the continuance of any account delinquency (personally or through its agents or attorneys), (a) collect, receive, appropriate and realize upon any such parcels and (b) sell, assign, convey, transfer, grant option or options to purchase and deliver any such packages, in one or more parcels at public or private sale or sales, at any exchange, broker's board or office of GMS or elsewhere upon such terms and conditions as it may deem advisable and at such prices as it may deem best, for cash or on credit or for future delivery without assumption of any credit risk, in each case, subject to applicable non-waivable laws. GMS shall have the right, upon any such public sale or sales and, to the extent permitted by the Uniform Commercial Code and other applicable laws, upon any such private sale, to purchase the whole or any part of such packages so sold, free of any right or equity of redemption of a Member, which right or equity is hereby waived and released. 
17. Title to any items that cannot be exported after arrival at the GMS facility will be forfeited by Member. GMS will have the option of returning all such forfeited packages/mail to the sender(s) and/or of discarding the items, including by (a) selling any items not returned to the seller, (b) destroying such items, or (c) providing such items to a government official. 
18. Member agrees and acknowledges that he/she shall purchase any and all merchandise from sellers in a manner that (a) transfers title to Member prior to the time that the merchandise is received at the GMS warehouse and (b) in accordance with risk of loss terms that provide either that the buyer or Member bears the full costs and risks of moving the goods from the buyer's location to the GMS warehouse. 
19. Monthly membership charges and setup charges are non-refundable. 
20. If a Member's account charges become delinquent for more than thirty (30) days, GMS may, at its sole discretion, cancel Member's membership, process all packages and mail by returning the same to the sender, or discarding all packages and mail. Member forfeits all claims to items abandoned in his/her mailbox once the membership is cancelled. 
21. Monthly and annual memberships are automatically renewed unless Member advises GMS in writing that he/she wishes not to renew his/her membership. 
22. There is no membership fee for a Basic Account. Charges of a Basic Account are incurred only for initial set up, processing, shipping, and other shipping-related services. 
23. Each package received by GMS with an incomplete, incorrect, or old address that can be associated with a Member will be assessed a charge consistent with GMS' current schedule of fees. Members should ensure that all merchants and sellers mark all packages with the complete and accurate address, including Member's unique suite number that has been assigned for consolidation purposes. All packages received with incomplete, incorrect, or old addresses that cannot be associated with a Member will be returned to the sender or discarded. 
24. All invoices past due for more than thirty (30) days will be assessed a flat fee plus a percentage per month late charge consistent with GMS' current schedule of fees. Personal Shopper orders past due for more than fifteen (15) days will be assessed a flat fee plus a percentage per month late charge, consistent with GMS' current schedule of fees, for each fifteen (15) day period that an order remains past due. 
25. Member's GMS suite number is to be used only for package consolidation purposes. Member will not represent that its GMS suite number is its address for any purpose other than as the address to which packages may be delivered prior to export, including, but not limited to, representing that its GMS suite number is the address of Member's place of business or residence. Failure to comply with this requirement may result in the cancellation of Member's GMS account. 
26. Member is solely responsible for complying with any terms and conditions of sale that may be imposed by the seller of the merchandise. Member acknowledges that GMS is not responsible for any action taken by the seller with respect to Member's order as a result of the seller's terms and conditions of sale. 
27. Member also is responsible for informing the seller that any merchandise purchased and sent to GMS' facility ultimately will be exported out of the United States. Additional information is provided in Subsection III.D ("Compliance with the Foreign Trade Regulations") below. It ultimately is the responsibility of Member to ensure that the seller provides the export classification of the merchandise and determines if any export licenses are required for the merchandise. Member must ensure that merchandise requiring an export license, or that is otherwise controlled for export, is not shipped to GMS by the seller. 

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II. COMPLIANCE WITH LAWS 

1. Compliance With Export and Import Laws 
2. Member is responsible for and warrants his/her compliance with all applicable laws, rules and regulations, including, but not limited to, the import and export laws and government regulations of any country to, from, through or over which Member's shipment may be carried. This responsibility includes determining and meeting any and all applicable import and export obligations and license requirements, including, without limitations, those of the U.S. Department of Commerce, U.S. Department of State, U.S. Customs and Border Protection, U.S. Department of Treasury, and any and all import obligations or license requirements of the destination country. 
3. Member represents and warrants that all its activities will be conducted in compliance with applicable laws governing the export, import, and provision of goods and services in the United States and in the jurisdictions in which the Member resides, operates, or will receive shipments, including but not limited to the Laws of the United States governing embargoes, sanctions, and boycotts, the Arms Export Control Act (22 U.S.C. 2778), the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the Export Administration Act of 1979 (50 U.S.C. 4601-4623), the International Traffic in Arms Regulations (22 C.F.R. 120 et seq.), the Export Administration Regulations (15 C.F.R. 730 et. seq.), the Foreign Trade Regulations (15 C.F.R. Part 30) and all rules, regulations and executive orders relating to any of the foregoing, the Laws administered by the Office of Foreign Assets Controls of the United States Department of the Treasury, the Laws administered by United States Customs and Border Protection, and the Laws administered by the Bureau of Alcohol, Tobacco, Firearms, and Explosives of the U.S. Department of Justice (collectively "Export, Import, and Economic Sanctions Laws"). Additional information about the items that you can and cannot have processed by GMS is available on our Prohibited and Restricted Items page. 
4. Member represents and warrants that (a) the recipient of any items consolidated by GMS is the end user of any and all merchandise and mail that Member has requested be exported through a freight forwarder or carrier to the recipient's address, or, if Member is reselling the merchandise, Member can identify the end users and provide GMS with any requested information on such end users, (b) any and all merchandise and mail that Member requests be consolidated by GMS will be used in the country to which Member requests shipment, and (c) Member will not re-export the merchandise and mail to a different destination. Member may not return to the United States or resell in or into the United States any food products or dietary supplements it receives through GMS, and Member shall require any recipients of the food products or dietary supplements to adhere to the same requirements. GMS reserves the right to request that Member or the recipient of an item, as applicable, sign documents confirming the end use or end user of any item exported through a freight forwarder or carrier by GMS. 
5. If Member is a reseller, Member agrees to be bound by the following terms: 
6. As a condition of Member's membership with GMS, Member agree to be bound by all terms and conditions of GMS. The most recent version of these Terms and Conditions is available at https:// globalmedicalsupply.shop/privacy-policy . These Terms and Conditions are subject to change at any time. 
7. Member shall not use, transfer, re-export, resell, or otherwise dispose of any items consolidated and/or exported using the GMS services to any destination, end-user, or for any end-use prohibited by the laws of the United States. By accepting these Terms and Conditions, Member agrees to comply with all relevant export laws of the United States. This includes providing any documentation requested by GMS for compliance purposes and ensuring that any names or addresses that Member adds to Member's GMS account and customers to whom Member resells do not appear on a U.S. Government denied party list. 
8. Member recognizes that products consolidated and exported using the GMS services from the United States are subject to the controls of the Export Administration Regulations (EAR) of the U.S. Bureau of Industry and Security (BIS), which provide that a product is controlled by the U.S. export/re-export regulations if it is: 

• made in the U.S. or contains a certain amount of U.S.-origin content; 
• foreign-origin but has "traveled" through the U.S.; 
• developed from U.S. technology; 
• sold by a U.S. citizen anywhere in the world; or 
• made by a U.S. company anywhere in the world.
  Thus, the products consolidated and exported using the GMS services from the United States are subject to the controls of the EAR.
  GMS has provided the following links to pertinent government websites for Member's convenience: 
• Export Administration Regulation (EAR) § 736 – 10 General Prohibitions
  https://www.bis.doc.gov/index.php/forms-documents/doc_view/413-part-736-general-prohibitions 
• International Traffic in Arms Regulations (ITAR) – 22 CFR Chapter 1, Subchapter M, Parts 120 – 130
  http://pmddtc.state.gov/regulations_laws/itar.html 
• Consolidated Screening List for U.S. Government Denied Parties
  http://export.gov/ecr/eg_main_023148.asp 

1. Member represents and warrants that the items Member purchases for resale will be sold or distributed by Member's organization and that with respect to such items Member will comply with the applicable laws governing the export, import, and provision of goods and services in the United States and in the jurisdictions in which the end user of Member's products resides, operates, or will receive shipments, including but not limited to the laws of the United States governing embargoes, sanctions, and boycotts, the Arms Export Control Act (22 U.S.C. 2778), the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the Export Administration Act of 1979 (50 U.S.C. 4601-4623), the International Traffic in Arms Regulations (22 C.F.R. 120 et seq.), the Export Administration Regulations (15 C.F.R. 730 et. seq.), the Foreign Trade Regulations (15 C.F.R. Part 30) and all rules, regulations and executive orders relating to any of the foregoing, the Laws administered by the Office of Foreign Assets Controls of the United States Department of the Treasury, the Laws administered by United States Customs and Border Protection, and the Laws administered by the Bureau of Alcohol, Tobacco, Firearms, and Explosives of the U.S. Department of Justice. Member will further ensure that any person or name to which Member is shipping, either directly or indirectly, does not appear on a U.S. Government denied party list. The Consolidated Screening List for U.S. Government Denied Parties is available at http://export.gov/ecr/eg_main_023148.asp. 
2. Member agrees that Member will comply with all regulatory requirements with respect to products classified under Export Control Classification Number ("ECCN") 3A991.a.1. Specifically, Member certifies that pursuant to Section 744.17 of the EAR, Member will not re-export items classified as 3A991.a.1 without an export license from BIS if Member has reason to know or is otherwise informed that the item will be or is intended to be used for a military end-use or by a military end-user in any of countries listed in Country Group D:1 (a list of countries in Country Group D:1 is available at http://www.bis.doc.gov/index.php/forms-documents/doc_download/944-740-supp-1). 
3. Member agrees that only items purchased from the United States will be routed through GMS (i.e., Member will not knowingly purchase items from outside of the United States to be imported to the GMS facility in the United States). 
4. Member recognizes that when purchasing merchandise, Member is responsible for notifying, and agrees that Member will notify, each U.S. Principal Party in Interest ("USPPI"), as defined by the United States Foreign Trade Regulations, that Member intends to export the merchandise purchased from the United States. Member agrees to provide to GMS all information that may be required from the USPPI for export purposes, including, without limitation, the Export Control Classification Number of the item and the USPPI's tax identification number (if an Electronic Export Information filing ("EEI") via the Automated Export System ("AES") is required). 
5. Member acknowledges that Member will serve as the Importer of Record into the destination country for all transactions conducted using the services of GMS. Member is responsible for complying with all import obligations or license requirements of the destination country. 

• To the extent that Member is a reseller and the ultimate purchasers (i.e., Member's customers) are known to Member at the time you export merchandise using the GMS services (e.g., Member transaction is for a specific person rather than for inventory to be sold in the future), the following requirements apply: 

Member must provide GMS with the identity of Member's customer prior to conducting a transaction on behalf of that customer. The customer should be added to Member's GMS account as an additional named person benefitting from the account (i.e., added as an "additional name"). Ultimately, Member is responsible for conducting screening to ensure that Member does not export to a Prohibited Persons, as defined in these Terms and Conditions, using the services of GMS or any freight forwarders and/or carriers. 

1. Member's customers also must agree in writing (or by electronic affirmation) to be bound by these Terms and Conditions. GMS has the right to request a copy of this writing at any time. Member should provide Member's customers with language along the following lines prior to engaging in a transaction with these individuals:"This merchandise will be exported from the United States with the assistance of a package consolidator. By completing this transaction, you agree to be bound by the terms and conditions of the consolidator, which are available at ‘www.123buyusa.com'." 
2. As Foreign Principal Party in Interest, Member hereby notifies the US Principal Party in Interest that Member expressly assume responsibility for determining licensing requirements and obtaining licensing authority, if any, for the export shipment of merchandise purchased from the USPPI, such that Access USA Shipping, LLC, Member's U.S. agent, will be the exporter of record for purposes of the Export Administration Regulations ("EAR"), consistent with the requirements of 15 CFR § 758.3(b). 
3. Prohibited and Restricted Items The following list is a non-exclusive sampling of items that are restricted, cannot be shipped or, depending on your destination country, may either require an import license, additional documentation and/or cause problems and delays during the customs review of your shipment: 
4. Combustible/flammable items (paints, oils, lighters, perfume, nail polish). 
5. Any type of pressurized can (hair spray, shaving cream, spray cans of any type). 
6. Hazardous materials (matches, chemicals, explosives). 
7. Firearms, weaponry and their parts: military, police and tactical equipment of any kind, including guns, gun replicas, gun accessories, gun components (magazines, clips and rail systems), ammunition, knives, swords, compound bows, crossbows, discharge weapons such as shock batons or stun guns, tooling for guns or gun parts, optical scopes, laser sights, night sights, night visions goggles, handcuffs and other restraints, surveillance equipment. 
8. Agricultural products such as tobacco, plants and seeds (restricted to some destinations). 
9. Coffee (restricted to some destinations). 
10. Perishable foods (refrigerated, frozen, fresh/raw fruits and vegetables, etc.) Note that any food (including dietary supplements) received through GMS may not be returned to or resold in the United States. 
11. Animals and products made with animal skin (furs). 
12. Alcohol (GMS may be able to assist you with shipping table wine through unaffiliated freight forwarders and carriers in limited quantities to some countries, but not to Muslim countries such as Saudi Arabia). 
13. Cash, currency, money orders, cashiers' checks, bank drafts, bearer bonds and collectible stamps and coins. Jewelry and precious stones are (a) restricted to some countries and (b) can only be insured up to $500 maximum and any shipments of jewelry in excess of $500 carriage limit is uninsured and Member assumes all risk of loss above such limit. 
14. Lottery tickets and gambling devices. 
15. Prescription and/or veterinary medication. 
16. Pornography. 
17. Lock picking devices. 
18. Government IDs and licenses, or items that claim to be, or that look similar to, government identification documents. This includes uniforms and badges or patches designed to look like official government-issue. 
19. Member understands and agrees that any software and/or data residing on used computer equipment or other electronic storage device is the sole responsibility of Member. Member is responsible for and warrants his/her compliance with all applicable import and export laws, rules and regulations, including, but not limited to, the import and export laws and government regulations of the Office of Foreign Assets Control, U.S. Department of State, and U.S. Department of Commerce and any requirements pertaining to the shipping of any such software and/or data to any country to, from, through or over which Member's shipment may be carried. Member also understands that GMS is not responsible for the loss of any software and/or data. 
20. Member acknowledges that GMS will not directly or indirectly, participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as "item") exported or to be exported from the United States that is subject to the ITAR or that would require an export license under the EAR, except in instances where the item subject to the EAR is eligible for an export license exception that has been approved for use by GMS. Member also acknowledges that GMS does not allow for the use of exemptions under the ITAR. Additional information about the items that you can and cannot have processed by GMS is available on the Prohibited and Restricted Items page. 
21. Member is responsible for confirming that prohibited items listed in the GMS Prohibited and Restricted Item page are not sent to GMS. See Restricted and Prohibited Items Page for more information. GMS reserves the right to return packages to the sender(s) for any reason, to provide packages (and information concerning the same) to government authorities, or to otherwise discard packages (including by selling forfeited items with the sales proceeds going to charity). 

Additional information is available on our Prohibited and Restricted Items page. The United States government provides general information about U.S. export requirements on the trade.gov website. 

1. Prohibited and Restricted End Users and Destinations 
2. GMS will not provide services to any of the following countries/regions: 
3. Cuba 
4. Iran 
5. Myanmar 
6. North Korea 
7. Sudan 
8. Syria 
9. Libya 
10. Yemen 
11. Haiti 
12. Ukraine: Crimea Region and the so-called Donetsk People's Republic (DNR) or Luhansk People's Republic (LNR) regions of Ukraine. 
13. GMS will not provide service to persons and/or entities identified on: (1) the U.S. Department of Commerce Denied Persons List, Entity List of proliferation concern, or Unverified List; (2) the U.S. State Department Debarred Parties List; or (3) the List of Specially Designated Nationals maintained by the U.S. Department of the Treasury's Office of Foreign Assets Control. GMS reserves the right to update this list at any time to reflect current law and regulations. GMS also will not provide service to any person or entity that is directly or indirectly involved in the financing, commission or support of terrorist activities or in the development or production of nuclear, chemical, biological weapons or in missile technology programs as specified in the U.S. Export Administration Regulations (15 C.F.R. part 744). 
14. At no time shall Member provide merchandise or mail to any Prohibited Person (as defined herein). For purposes of these Terms and Conditions, a "Prohibited Person" shall mean (a) a Person who is a "designated national," "specially designated national," "specially designated terrorist," "specially designated global terrorist," "foreign terrorist organization," "specially designated narcotics trafficker," or "blocked person" within the definitions set forth in the Foreign Assets Control Regulations of the United States Treasury Department, 31 C.F.R., Subtitle B, Chapter V, as amended (the "OFAC Regulations") or who otherwise appears on the list of Specially Designated Nationals and Blocked Persons, Appendix A to the OFAC Regulations (with the list available on OFAC's website); (b) the Government of Cuba, Iran, or Sudan, including any political subdivision, agency, or instrumentality thereof, or any other country against which the United States maintains economic sanctions or embargos under the OFAC Regulations or Executive Order; (c) a Person acting or purporting to act, directly or indirectly, on behalf of, or an entity owned or controlled by, any government, individual, or group against which the United States maintains economic sanctions or embargoes under the OFAC Regulations or Executive Order; (d) a Person who is described in section 1 of Executive Order 13224 – Blocking Property and Prohibiting Transactions with Persons who Commit, Threaten to Commit, or Support Terrorism, effective September 24, 2001; (e) a Person on any other list of terrorists or terrorist organizations maintained pursuant to any of the rules or regulations of OFAC or pursuant to any other Executive Order; or (F) a Person in violation of any other law, regulation, or Executive Order of similar import, as each such law has been or may be amended, adjusted, or modified or reviewed from time to time. 
15. In the event that a Member is believed potentially to be a Prohibited Person or requests that GMS arrange for the shipment of items to an individual or entity believed to be a Prohibited Person, GMS may ask Member to provide documentation to show that Member and/or individual or entity to which a request to export items has been made is not a Prohibited Person. If the identity of Member and/or the individual or entity to which a request to export items has been made cannot be proven to the satisfaction of GMS, GMS reserves the right to remove the shipping address of such potential Prohibited Persons from Member's GMS account or to cancel Member's GMS account, GMS also reserves the right to request a signed Statement of Assurance from Member stating that Member understands his or her obligations under U.S. export law and that Member will conduct screening to ensure that Member does not export to Prohibited Persons using the services of GMS or its unaffiliated freight forwarders and/or carriers. For additional information about Prohibited Persons, including a tool that will allow you to look up the name of Prohibited Persons, please see the OFAC website. 
16. Compliance with the Foreign Trade RegulationsGMS takes every precaution and makes every effort to fully comply with all laws and regulations governing international trade, including the Foreign Trade Regulations (FTR), relying on the information provided by Member and the U.S. seller. 
17. Member agrees to furnish the necessary information and complete and attach the necessary documents to comply with any applicable laws, rules and/or regulations, including notifying the United States Principal Party In Interest ("USPPI"), as defined by the United States Foreign Trade Regulations, about the nature of the export in every transaction generated by Member. Member agrees to provide to GMS all required information for export purposes from the USPPI, including without limitation the Export Control Classification Number and the USPPI's tax identification number (if an Electronic Export Information filing ("EEI") via the Automated Export System ("AES") is required). 
18. If the price paid for merchandise is not listed on the invoice provided by the merchant, or if no invoice is available, Member is responsible for providing GMS with the true and accurate price that Member paid for the merchandise, if Member purchased it. In all circumstances, Member represents and certifies that any value provided to GMS is true and accurate. The GMS Compliance Department reserves the right to periodically review values and may request additional documentation to support the values entered by Member. Member is subject to civil and criminal penalties for making false or fraudulent statements to the U.S. government or for the violation of any U.S. laws or regulations on exportation. 
19. Fraud Prevention 
20. GMS uses commercially reasonable efforts to prevent fraudulent use of the Website. NOTWITHSTANDING THE FOREGOING, GMS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY FRAUDULENT USE OF THE WEBSITE BY YOU OR BY THIRD PARTIES. If you think there has been fraudulent activity with respect to Member's GMS account, Member must contact GMS immediately, and GMS will cancel such account. 
21. Member will not use the Website for multi-level marketing, pyramid schemes, receiving checks and/money orders, or other business practices easily subject to abuse. Member represents, warrants, and covenants that all information Member provides to GMS is accurate and complies with all applicable local, state, and federal laws and regulations, including any information regarding the value or export classification of merchandise. Member is solely liable for such information and for maintaining all records as required under law. Member may be subject to civil or criminal penalties by the U.S. Government for making false or fraudulent statements with respect to such information. 

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III. APPOINTMENT OF GMS.COM AS MEMBER'S AGENT 

1. Member grants GMS a written authorization to act on Member's behalf as Member's true and lawful agent for the following specific purposes: 
2. preparation of shipping documents; 
3. preparation of any Certificates of Origin; 
4. preparation of an EEI via AES in accordance with the laws and regulations of the United States; 
5. preparation of an airway bill or any other document required to export merchandise to Member; 
6. entering into service agreements on your behalf and to authorize parties to such service agreements with a power of sub-delegation for the preparation and completion of all documentation required for the clearance and delivery of all shipments subject to such agreements; and 
7. authorization for freight forwarder and/or carriers to conduct customs clearance and entry, and certification of freight forwarder and/or carriers as the consignee solely for the purpose of designating a customs broker to perform customs clearance and entry. 
8. If an EEI (for which a charge consistent with GMS' current schedule of fees will apply) is required for goods originating within the United States, GMS will file the required export information on behalf of the Member as its agent pursuant to this section. If Member or the USPPI fails to provide all of the information needed to accurately file an EEI, GMS will decline to process the merchandise for export. GMS reserves the right to review the accuracy of any information (e.g., by confirming that the Export Control Classification Number or merchandise value provided is correct). Under such circumstances, Member is responsible for all costs incurred in returning the merchandise, tendering the merchandise to government authorities, or forfeiting and/or destroying the merchandise. Member also acknowledges that under such circumstances, GMS will not reimburse Member for the value of the merchandise. 
9. Member acknowledges that he/she has a duty to – and is solely liable for – accurately providing all information required by United States' laws and regulations, including information required by Title 15, Code of Federal Regulations, Part 30, the Foreign Trade Regulations (FTR) (“15 CFR § 30”) and maintaining all records as required under law. Civil or criminal penalties may be imposed against Member by the U.S. government for making false or fraudulent statements with respect to this information. 
10. GMS assumes no responsibility to act as a record-keeper or record-keeping agent for either the Member or the USPPI. Member is responsible to supply to GMS all information regarding the USPPI, including its name and employer identification number (EIN), and the Export Control Classification Number ("ECCN"), Schedule B classification, and all other information required under a routed export transaction as described in 15 CFR § 30. Member also is responsible for providing the above information for any third-party seller listing items for sale on websites or through service providers like Amazon.com or eBay.com. 

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IV. INDEMNIFICATION 

1. Member agrees that he/she will remain liable for and indemnify, defend, and hold harmless GMS and its shareholders, officers, directors, agents, partners, employees and independent contractors, at all times from the date hereof, from and against any and all claims, actions, damages, awards, liabilities, losses (including consequential losses), judgments, penalties, interest, fines, expenses, and/or other costs (including attorneys' charges and court costs) arising by reason of the execution hereof or the consummation of the transactions contemplated hereby, including without limitation those arising from or relating to: 
2. any negligent action or omission of Member or any of Member's employees, contractors, agents or any other person acting under Member's supervision or control prior to, as of, or following the date hereof; 
3. any inaccuracy or breach of any representation or warranty made by Member in these Terms and Conditions or any other document or instrument executed or delivered by Member in connection with these Terms and Conditions; 
4. any breach or non-performance of any covenant or agreement made by Member in these Terms and Conditions or any other document or instrument made by Member in connection with these Terms and Conditions; 
5. GMS' preparation, determination or execution of the documents or any other document necessary for transportation, including but not limited to preparing address information, routing, classification, licensing requirements, and listing the value of goods or the value for carriage, except for claims arising solely and directly from the gross negligence or willful misconduct of GMS; 
6. Member providing to GMS any incomplete or false information; and 
7. Member's failure to comply with the terms hereof or of any applicable law in respect to the exportation or importation of such shipments. 
8. Member acknowledges that the foregoing provisions are a material inducement for these Terms and Conditions and for GMS to enter into the transactions contemplated hereby, and shall survive termination of these Terms and Conditions. 

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V. SEVERABILITY 

If any section or any portion of any section of these Terms and Conditions is construed to be illegal, invalid or unenforceable, such provision or portion shall be deemed obsolete and deleted from these Terms and Conditions, while all other sections of these Terms and Conditions and the remaining portion of any section which is construed to be illegal, invalid or unenforceable shall continue in full force and effect. 

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VI. NO LEGAL RELATIONSHIP 

Member agrees that no joint venture, partnership, employment, or agency relationship (other than as expressly set forth in these Terms and Conditions) exists between Member and GMS as a result of this Agreement or Member's use of the GMS services or this Website. 

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VII. DIRECT EXPORT TRANSACTIONS 

(i.e., non-routed exports)For Members acting as the U.S. Principal Party in Interest (“USPPI”): 

1. Any reference to “Member or the USPPI” should be read as “Member.” 
2. The following excerpt of Part II is amended to read:The Member's unique GMS address is to be used only for package consolidation purposes. The Member will not represent that its GMS address is its address for any purpose other than as the address to which packages may be delivered prior to export, including, but not limited to, representing that its GMS address is the address of the Member's place of business or residence. Failure to comply with this requirement may result in the cancellation of the Member's GMS account. 
3. Part III.A.7 above amended to read:Member recognizes that Member is the title holder and reseller of merchandise to be exported, and thus Member is the United States Principal Party in Interest (“USPPI”) as defined by the United States Foreign Trade Regulations. When purchasing merchandise, Member is responsible for notifying, and agrees that Member will notify, each merchant that Member intends to export the merchandise purchased from the United States. Member agrees to provide to GMS all information that may be required from Member as the USPPI for export purposes, including, without limitation, the Export Control Classification Number of the item and the tax identification number (if an Electronic Export Information filing (“EEI”) via the Automated Export System (“AES”) is required).