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Terms of Use

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  1. Agreement between You and Global Enterprises Management Solutions (GEMS), LLC .

Thank you for using our services available at www.gobalenterprisesmanagementsolutions.com,   (“Global Enterprises Management Solutions (GEMS), LLC ” or the “Website”) or in downloadable mobile applications. The following terms and conditions (the “Terms of Use”) apply to your use of Global Enterprises Management Solutions (GEMS), LLC. Your use of Global Enterprises Management Solutions (GEMS), LLC, you decided to accept these Terms of Use. We strongly suggest that as you read these Terms of Use you also access and read the information contained in the other pages and websites referred to in these Terms of Use, as they may contain further terms and conditions that apply to you. The Underlined words and phrases represent links to these pages and websites. The term “Agreement” means the agreement formed between Global Enterprises Management Solutions (GEMS), LLC and you, pursuant to these Terms of Use, and any other terms and conditions posted on Global Enterprises Management Solutions (GEMS), LLC , and any other written agreement between you and us, as the same may be modified from time to time, all of which are incorporated herein by reference.

This Agreement is governed by the laws of New York, New York.

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2. Website Information and Remedies.

Global Enterprises Management Solutions (GEMS), LLC is a hospitality, tourism, marketing, consultancy and technology platform owned and operated by Global Enterprises Management Solutions (GEMS), LLC, a company incorporated in New York. The rental listings and advertisements seen on Global Enterprises Management Solutions (GEMS), LLC  are submitted by third parties responsible for so doing and who may or may not be affiliated with Global Enterprises Management Solutions (GEMS), LLC. Global Enterprises Management Solutions (GEMS), LLC provides certain technical support, marketing support, and customer support services to Global Enterprises Management Solutions (GEMS), LLC . All references to “Global Enterprises Management Solutions (GEMS), LLC ” include Global Enterprises Management Solutions (GEMS), LLC and its subsidiaries and affiliates. The Agreement and Terms of Use cited herein are governed by the laws of New York.

In the case of any violation of our Agreement, Global Enterprises Management Solutions (GEMS), LLC  and its affiliates (collectively, “Global Enterprises Management Solutions (GEMS), LLC ” or “we,” “our” or “us”), reserve the right to seek all remedies available by law and in equity for such violations, including termination of your use of Global Enterprises Management Solutions (GEMS), LLC . For the purposes of this Agreement, the term “Website” may, at our option, include any current or future co-branded websites, affiliated websites, private-label websites, and/or other websites in which Global Enterprises Management Solutions (GEMS), LLC  currently participates or may participate in the future with regard to advertising services.

 

3. Your License to Us.

When you give us or otherwise authorize us to use content, you grant us a limited, non-exclusive, royalty-free, sub licensable irrevocable right and license to copy, use, distribute, reproduce, modify, display, perform, create derivative works from, store and otherwise use the content, in any media known now or in the future, and you represent that you have sufficient rights in the content to make this grant.

 

4.  Services and Our License to You.

Site visitors including both registered and non-registered users (“Users”) may conduct searches on Global Enterprises Management Solutions (GEMS), LLC  at no charge.

Subject to the restrictions in the following sentence, Global Enterprises Management Solutions (GEMS), LLC,  hereby authorizes you to view, copy, download and print a single copy of the information and data (“Content”) available on Global Enterprises Management Solutions (GEMS), LLC , provided that: (1) the Content is used solely for personal, noncommercial purposes; (2) the Content is not modified, republished, or redistributed; and (3) all copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such Content. Without limiting the generality of the foregoing, as a User, you are only permitted to use Global Enterprises Management Solutions (GEMS), LLC,  to search for properties, communicate with advertisers, owners, or their agents and utilize other services offered by us. Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright of Global Enterprises Management Solutions (GEMS), LLC .

Owners, advertisers, real estate agents, and brokers wishing to post content on Global Enterprises Management Solutions (GEMS), LLC, shall be required to pay a fee commensurate with the length of time such post will remain on Global Enterprises Management Solutions (GEMS), LLC. Global Enterprises Management Solutions (GEMS), LLC, covenants that all paid advertisements and listings shall be portrayed within 24 hours after receipt of payment. Any request to cancel an advertisement or listing presented to us must be accompanied by a receipt of payment and presented within 24 hours in order to receive a complete refund. Any request received without a receipt of payment will not be refunded. Any request received after 24 hours will not be refunded.

Notwithstanding the foregoing, Global Enterprises Management Solutions (GEMS), LLC nor Global Enterprises Management Solutions (GEMS), LLC or its subsidiaries by providing its services, are in no way, shape, or fashion conducting real estate business, nor is it a holder of a real estate license or a member of The New York State Association of Realtors, NYSAR.

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5. Coupons and Promotional Offers.

Global Enterprises Management Solutions (GEMS), LLC, may offer various coupons and promotional offers from time to time and each coupon and offer shall be a limited time offering commencing and terminating at the sole discretion of Global Enterprises Management Solutions (GEMS), LLC. The terms of any such offers will be disclosed during the offering period and will be honored by us during such period and will not be honored after such period.

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6. No Unauthorized Duplication.

Except as otherwise stated herein, none of the Content on the Website or our mobile application may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior written consent of Global Enterprises Management Solutions (GEMS), LLC.

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7. Trademarks and Copyright.

The term “Global Enterprises Management Solutions (GEMS), LLC ” and any other trademarks, trade names, logos and service marks, including Global Enterprises Management Solutions (GEMS), LLC  (collectively, the “Marks”), displayed on Global Enterprises Management Solutions (GEMS), LLC  or any of its subsidiaries, affiliates, or third party sites are the exclusive property of Global Enterprises Management Solutions (GEMS), LLC. Users are not permitted to copy or otherwise use these Marks without the prior written consent of Global Enterprises Management Solutions (GEMS), LLC  or such other owner.

The rights to all media portrayed on Global Enterprises Management Solutions (GEMS), LLC are reserved. No copyrighted material which forms a part of this website shall be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the Owner of said content, except in instances allowed under the Copyright Act of the statute laws of New York. All other instances require written permission which shall be addressed to the General Counsel.

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8. Access and Interference.

Global Enterprises Management Solutions (GEMS), LLC, may contain robot exclusion headers. Much of the information on Global Enterprises Management Solutions (GEMS), LLC  is proprietary or is licensed to Global Enterprises Management Solutions (GEMS), LLC  by our Users or third parties. Users agree that Users will not use any robot, spider, scraper, or other form of malware or other automated means to access the Website for any purpose without our prior written consent. Additionally, Users agree that Users will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our servers; (ii) copy, use, reproduce, modify, create derivative works from, distribute or display any content provided by Global Enterprises Management Solutions (GEMS), LLC  without the prior written consent of Global Enterprises Management Solutions (GEMS), LLC  and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of Global Enterprises Management Solutions (GEMS), LLC  or any activities conducted on Global Enterprises Management Solutions (GEMS), LLC ; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Global Enterprises Management Solutions (GEMS), LLC.

 

9.  No Unlawful or Prohibited Use.

As a condition of your use of Global Enterprises Management Solutions (GEMS), LLC, Users agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any related activities. Users warrant that Users will not use Global Enterprises Management Solutions (GEMS), LLC, in any way prohibited by these terms, conditions and notices. In addition, Users will not:

  • use Global Enterprises Management Solutions (GEMS), LLC, if Users are unable to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from Global Enterprises Management Solutions (GEMS), LLC;

  •  distribute or post spam, chain letters, or pyramid schemes;

  • distribute viruses or any other technologies that may interfere with and or disrupt the services of Global Enterprises Management Solutions (GEMS), LLC  and or it’s Users;

  • copy, modify, republish or distribute content from the Website or our mobile applications (except as provided herein) or Global Enterprises Management Solutions (GEMS), LLC’s copyrights and trademarks;

  • impersonate another person or otherwise misrepresent your affiliation with another person or entity, conduct fraud, hide or attempt to hide your identity;

  • provide inaccurate contact information or property details or other information relative to your listing;

  • harvest or otherwise collect information about Users, including names, addresses, telephone numbers, and email addresses, without their consent;

  • transmit to Global Enterprises Management Solutions (GEMS), LLC  or any User any information or materials of any kind which (i) violate, plagiarize or infringe on the intellectual property or contractual rights of any third party; or (ii) are libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, tortious, racist, sexist or invasive of another’s privacy, hateful, or otherwise objectionable in the sole discretion of Global Enterprises Management Solutions (GEMS), LLC ; or (iii) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

 

10. Real Estate Licensing

Global Enterprises Management Solutions (GEMS), LLC does not conduct real estate business, as such we do not render legal, brokerage, or other professional advice or services to advertiser clients or Users of the Website, nor do we participate in any negotiations with respect to lease transactions.

When a User uses Global Enterprises Management Solutions (GEMS), LLC ’s service, he/she is viewing rentals posted onto our platform from persons capable of doing so or is a valid holder of a real estate agent or broker license.

 

11. Links to Third-Party Websites

Global Enterprises Management Solutions (GEMS), LLC may contain links to websites operated by parties other than Global Enterprises Management Solutions (GEMS), LLC. Such hyperlinks are provided for reference only. Global Enterprises Management Solutions (GEMS), LLC does not control such websites and is not responsible for their content. Global Enterprises Management Solutions (GEMS), LLC’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. If Users decide to access any of the third party sites linked to this website, Users do so entirely at their own risk.

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12. General Disclaimer.

GLOBAL ENTERPRISES MANAGEMENT SOLUTIONS (GEMS), LLC, ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION PRESENTED IN ANY ADVERTISEMENT OR LISTING. ALL INFORMATION PROVIDED ON GLOBAL ENTERPRISES MANAGEMENT SOLUTIONS (GEMS), LLC, IS PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSLY OR IMPLIEDLY. GLOBAL ENTERPRISES MANAGEMENT SOLUTIONS (GEMS), LLC,  HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, EXCEPT TO THE EXTENT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

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13. Limitation on Liability.

NEITHER GLOBAL ENTERPRISES MANAGEMENT SOLUTIONS (GEMS), LLC , NOR ITS PARENT, AFFILIATES, OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR ANY GLOBAL ENTERPRISES MANAGEMENT SOLUTIONS (GEMS), LLC  ADVERTISEMENT, OR DAMAGES FROM THE USE OF OR RELIANCE ON THE INFORMATION PRESENT ON GLOBAL ENTERPRISES MANAGEMENT SOLUTIONS (GEMS), LLC , EVEN IF GLOBAL ENTERPRISES MANAGEMENT SOLUTIONS (GEMS), LLC  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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14. Modification of the Website.

Global Enterprises Management Solutions (GEMS), LLC, reserves the right in its sole discretion to improve, modify or remove any information or content appearing on the Website or mobile applications. Global Enterprises Management Solutions (GEMS), LLC, may discontinue or revise any or all aspects of the Website or mobile applications in its sole discretion and without prior notice. Without limiting the foregoing, Global Enterprises Management Solutions (GEMS), LLC reserves the right to change the terms, conditions, and notices under which this Website or mobile applications are offered at any time. Unless otherwise provided in our Agreement, all amended terms automatically take effect upon acceptance for new Users, or 10 days after they are posted on Global Enterprises Management Solutions (GEMS), LLC for all other Users. It is Users responsibility to check terms and conditions of this Agreement at the time of each use.

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15. Privacy.

We view the protection of Users’ privacy as paramount and will only use your information as described in our Privacy Policy.

 

16. Release.

Because Global Enterprises Management Solutions (GEMS), LLC, is an advertising platform, in the event that Users have a dispute with a property/advertiser, Users release Global Enterprises Management Solutions (GEMS), LLC , Global Enterprises Management Solutions (GEMS), LLC. and its affiliates (and its respective officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.

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17. Nature of Global Enterprises Management Solutions (GEMS), LLC, Services.

Global Enterprises Management Solutions (GEMS), LLC is a hospitality, tourism marketing, consultancy and media company which operates Global Enterprises Management Solutions (GEMS), LLC  as an advertisement platform. All rental listings and advertisements seen on Global Enterprises Management Solutions (GEMS), LLC  are based on information provided by third parties qualified to do so and who may or may not be affiliated with Global Enterprises Management Solutions (GEMS), LLC. Accordingly, Global Enterprises Management Solutions (GEMS), LLC  is not responsible in any way for the content in any such advertisements, nor is Global Enterprises Management Solutions (GEMS), LLC  responsible for any actual lease transactions. Global Enterprises Management Solutions (GEMS), LLC  is not licensed as a real estate broker in New York, as such Global Enterprises Management Solutions (GEMS), LLC  does not render legal, brokerage, or other professional advice or services to its Users.

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18. Services Not Provided.

Without limiting the generality of the foregoing, Users acknowledge and agree as follows:

1. Global Enterprises Management Solutions (GEMS), LLC,  does not participate in any actual lease transactions, including, without limitation, negotiations, discussions, or proposals, and Users expressly waive any requirement that purports to impose on Global Enterprises Management Solutions (GEMS), LLC, an obligation to perform any services other than those expressly undertaken by Global Enterprises Management Solutions (GEMS), LLC ;

2. Global Enterprises Management Solutions (GEMS), LLC  does not render legal, brokerage, or other professional advice or services; in the event that Users desire or need such services, Global Enterprises Management Solutions (GEMS), LLC  strongly advises Users to secure the same from an appropriate provider;

3. Global Enterprises Management Solutions (GEMS), LLC  is not undertaking any, and has no, duties to Users, including, without limitation, the obligation to inspect rental properties, to verify the veracity of information contained in an advertisement, or to interview or otherwise screen Users;

4. Global Enterprises Management Solutions (GEMS), LLC, is not responsible for the content of, nor does it endorse, the third-party websites to which Users may link using this Website;

5. Global Enterprises Management Solutions (GEMS), LLC, does not guarantee the accuracy of any information available on Global Enterprises Management Solutions (GEMS), LLC, and is not responsible for any errors, omissions, or misrepresentations, and all information obtained on this Website must be verified independently;

6. Global Enterprises Management Solutions (GEMS), LLC may make changes to its products and/or services and this Website or mobile applications at any time and without notifying Users or receiving Users consent; and

While Global Enterprises Management Solutions (GEMS), LLC, complies with all applicable laws of New York, Global Enterprises Management Solutions (GEMS), LLC, cannot guarantee that its Users so comply. Accordingly, Global Enterprises Management Solutions (GEMS), LLC, assumes no liability for Users’ and/or properties’ failure to comply with such laws.

 

19.Indemnity.

You will indemnify and hold us (and our officers, directors, agents, affiliates, subsidiaries, joint ventures and employees), harmless from any cost, liability, charge, penalties, claim or demand, including reasonable attorneys’ fees, court costs, and other costs of collection, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party, or incurred by us as a result of your default under this Agreement.

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20. Resolution of Disputes.

If a dispute arises between Users and Global Enterprises Management Solutions (GEMS), LLC, our goal is to provide Users with a neutral and cost effective means of resolving the dispute quickly. Accordingly, Users and Global Enterprises Management Solutions (GEMS), LLC, agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with the subsections below or as we and Users otherwise agree in writing.

  • In the event that either party to these Terms of Use has a dispute relating to or arising from these Terms of Use or the use of the Site or Mobile App, it must immediately notify the other party in writing giving details of the dispute. If the parties cannot resolve the dispute within twenty-one (21) days of receipt of the notice provided for above, the dispute will then be submitted for Court annexed arbitration in accordance with the laws of New York.

  • BY AGREEING TO THIS ARBITRATION PROVISION, EACH PARTY UNDERSTANDS THAT BOTH USERS AND WE ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. BOTH PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

  • If these terms relating to class or representative procedures are legally unenforceable for any reason with respect to a claim, then this agreement to arbitrate will be inapplicable to that claim, and the claim will instead be handled through litigation in court, rather than by arbitration, on the terms below.

  • The arbitrator will have the power to award to a party any damages or other relief provided for under applicable law, with the exception of punitive damages to which neither party will be entitled.

 

21. Notices

Except as explicitly stated otherwise, notices should be sent to us at the following address:

Attn: Chief Executive Officer

Global Enterprises Management Solutions (GEMS), LLC,

77 Sullivan Place

Brooklyn, NY, 11225

We will send notices to the email address Users provide to Global Enterprises Management Solutions (GEMS), LLC, either (i) when Users complete a contact form or (ii) when Users register with Global Enterprises Management Solutions (GEMS), LLC. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or receives some other notification that the email went undelivered.

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22. App Terms.

If Users accessed or downloaded our mobile application through an App Store (‘App-provider’) (Apple App Store and/or Google Play Store or any other such application), it is an “App Store Sourced Application” for purposes of these Terms of Use, and Users will use the App Store Sourced Application only: (i) on an applicable product; and (ii) as permitted by the “Usage Rules” set forth in the App Store Terms of Service. We reserve all rights in and to the App Store Sourced Application not expressly granted to Users under these Terms of Use.

Users acknowledge and agree that (i) these Terms of Use are valid between Users and us only, and not the applicable App-provider.

Users acknowledge that app-providers have no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, Users may notify the app-provider, and app-provider will, where applicable, refund the purchase price for the App Store Sourced Application to Users and to the maximum extent permitted by applicable law, App-providers will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between us and app-providers, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

Users and we acknowledge that, as between us and all app-providers, the said app-providers are not responsible for addressing any claims Users have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

Users and we acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between us and any app-provider, we, not the said app-provider, shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

Users and we acknowledge and agree that all app-+providers, are third party beneficiaries relating to your license of the App Store Sourced Application, and that, upon Users acceptance of these Terms of Use, all app-providers shall have the right (and will be deemed to have accepted the right) to enforce the rights under these Terms of Use as related to your license of the App Store Sourced Application against Users as a third party beneficiary thereof.

Without limiting any other provisions of these Terms of Use, Users must comply with all applicable third-party agreements when using the App Store Sourced Application.

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23. General.

By using this Website and agreeing to the Terms of Use, Users are also agreeing to abide by our Privacy Policy, and all other agreements and policies posted on Global Enterprises Management Solutions (GEMS), LLC. Global Enterprises Management Solutions (GEMS), LLC, reserves the right to refuse service to anyone and to terminate a User’s account at any time. In our sole discretion, we may assign the Agreement. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by any User or others does not waive our right to act with respect to subsequent or similar breaches. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Global Enterprises Management Solutions (GEMS), LLC, may rely on electronic signatures transmitted to it by Users to create a binding valid agreement. From time to time Global Enterprises Management Solutions (GEMS), LLC, may send facsimiles or emails regarding its products and services, or may call customers regarding Global Enterprises Management Solutions (GEMS), LLC’s products and services, and Users hereby expressly consent to receiving such emails, SMS/text messages, facsimiles and telephone calls. See Privacy Policy for more information. The Sections and policies that by their nature are intended to survive, shall survive any termination of the Agreement.

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