GunAuctionWorld.com
otherwise C&K Enterprises (further addressed as “we, us, our” reserve the
right to supplement, revise, or update these terms at any time without notice
to you other than by posting to this Web site. Continued use of this site
following such notice (other than to discontinue your membership) will be
deemed to indicate your acceptance of said updates, revisions and additional
terms and conditions.
This web-site is intended to be a friendly, enjoyable and useful experience,
but as with anything concerning any kind of transactions there are risks
involved and we strongly advise you to understand all of these terms before
joining. If you spot a listing that you feel is violating the general terms and
conditions of this web-site as stated below please let us know by contacting
us.
Membership Eligibility.
Our
services are available only to individuals who can form legally binding
contracts under applicable law. This web-site does not permit minors (under18)
to register. If any member fails to sign up with their correct age the account
will be terminated immediately.. If you do not qualify, please do not use our
services.
Rights To Suspend or Terminate.
You agree that this web-site, in its own discretion, may terminate any auction
or use of the service immediately and without notice if
(a)
We believe that you are not abiding by the general rules of this web-site
(b)
You have repeatedly broken a certain term
(c)
You have listed a suspicious item
(d)
We believe you to be a non paying bidder. In most cases when we suspect foul
play we will suspend your account/listing whilst we investigate further. If our
investigation is conclusive then your account with us will be terminated.
General Terms.
This
site acts as the window for sellers to conduct auctions and for bidders to bid
on sellers' auctions. We are not involved in the actual transaction between
buyers and sellers. As a result, we have no control over the quality, safety or
legality of the items listed the truth or accuracy of the listings, the ability
of sellers to sell items or the ability of buyers to buy items. We cannot and
do not control whether or not sellers will complete the sale of items they
offer or buyers will complete the purchases of items they have bid on. However
those individuals or businesses that are reported for such actions will be
bared from the site.
In addition, note that there are risks of dealing with foreign nationals,
underage persons or people acting under false pretense.
This
Web-site shall not be responsible for any items sold by Auction, for any damage
to items during transit or during the inspection period, nor for
misrepresentations and/or breaches of contract by either buyer and/or seller.
This web-site shall not be responsible for the cost of procurement of
substitute goods or any losses resulting form any goods purchased or obtained.
This
web-site assumes no liability for the content of the listings.
However
if you fall victim of a fraudulent transaction we will assist you as much as we
can. You agree that in the event of a dispute with GunAuctionWorld.com or C
& K Enterprises to enter into Mediation or Arbitration to resolve said
dispute. Any legal action taken with out undergoing mediation or arbitration is
in direct violation of this policy and may result in legal ramifications,
including but not limited to court costs, attorney fee, damages etc.
Bidding.
Placing
a bid on an item is an irrevocable offer to buy the item(s) at the price in the
bid, provided the bid is a winning bid at the time of the close of the auction.
A winning bid is a bid that is the highest bid on an item, or in the event of a
tie, the bid placed chronologically earliest. In the case of a reserve price
auction a bid is only a winning bid if it meets or exceeds the reserve price on
the item. In the case of a Dutch auction there may be more than one winning bid
depending on the quantity of items available and the number of bids placed.
Placing a bid constitutes entering into a binding legal agreement with the
seller to purchase the item(s) at the winning bid price and in accordance with
the terms stated in the item listing and the rules of this site. You must
resolve any questions about the item by contacting the seller of the item prior
to placing a bid. Do not place a bid until you are sure that you understand
what you are bidding on and, if necessary, have received a response from the
seller of the item regarding any questions you may have.
Once a bid is placed it may not be cancelled or retracted without the
permission of the seller. The seller is not obligated to grant permission to
retract or cancel a bid, and it is not the duty of this auction site to request
permission from the seller for a bid retraction or cancellation. Any bid
cancellation must be worked out between buyer and seller without assistance
from the auction site.
Biding is subject to bid increments and items may be subject to a minimum
bid.
By bidding on an item, you authorize us to release your contact information,
including name, address, email, and telephone number, to the seller who listed
the item.Auctions will not be extended due to technical difficulties. Do not
wait until the last minute to bid!
Please do not contact sellers with best offers unless they have “make
an offer” enabled on their listing. Repeated offer attempts on listings
that do not have “make an offer”, will result in your account being
suspended for review.
Listing.
Placing
an item for auction is an irrevocable offer to sell an item to the winning
bidder. The winning bidder is the highest bidder on the item, or in the event
of a tie, the bidder who placed the highest bid chronologically earliest. In
the case of a reserve price auction a bid is only a winning bid if it meets or
exceeds the reserve price on the item. In the case of a Dutch auction there may
be more than one winning bid depending on the quantity of items available and
the number of bids placed.
Listing an item constitutes entering a binding legal agreement to sell the
item to the highest bidder as determined by the rules of the auction. Items
listed on this auction site may not be concurrently offered for sale on any
other online auction site. Once an item is listed and has received a winning
bid, the item may not be withdrawn from sale. Please consider carefully whether
you want to place an item for auction.
When listing items, ensure that the items listed for auction do not infringe
upon the copyright, trademark or other rights of those third parties. By
listing items for sale on this site you represent to us that your items do not
infringe on the intellectual property of any third party and that you have a
legal right to sell the items you list.
Your description of the item must be truthful and accurate. Adding
additional unrelated keywords to your listing to make it show up through our
Search facilities is prohibited. Item Titles may not be in ALL CAPS.
The sale of your item(s) on this auction site:
(a)shall not be fraudulent or
involve the sale of counterfeit or stolen items;
(b)shall not infringe any third
party's copyright, patent, trademark, trade secret or other proprietary rights
or rights of publicity or privacy;
(c)shall not violate any law,
statute, ordinance or regulation (including without limitation those governing
export control, consumer protection, unfair competition, anti-discrimination or
false advertising);
(d)shall not be defamatory,
trade libelous, unlawfully threatening or unlawfully harassing;
(e)shall not be obscene, contain
any lewd or lascivious behavior, pornography or contain child pornography; and
(f)shall not 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.
You may not post on our site or sell through our site any:
(a) item that, by paying to us the listing fee or the final value fee, could
cause us to violate any applicable law, statute, ordinance or regulation, or
(b) live animals, human beings or body parts (relics, skulls, human remains
or other parts), bulk email lists, illegal weapons,
instructions/kits/plans/parts designed to illegally convert firearms to
full-auto fire, instructions/kits/plans/parts designed to illegally build
silencers, or instructions on how to build bombs or explosives, any and all
types of pornography or any lewd lascivious behavior.
In the event of a conflict the rules of the auction as specified by this
document supersede the terms stated in the seller's auction listing. A seller
may not alter the rules of the auction by the language of his listing.
By listing an item, you authorize us to release your contact information,
including name, address, email, and telephone number, to the bidders who place bids
on this item.
Listing Content / Multiple Listings.
Auction
listings must offer a specific product or service at a specific price. Any
listing deemed to be general advertising instead of an offering of something
specific for sale will be removed. We reserve the right to edit or remove
auction listings as deemed necessary by the auction site. Listings may be moved
to a different category if deemed inappropriate for the listed category, so put
your listing in the most appropriate category. We reserve the right to remove
any listing deemed inappropriate or in violation of the letter or spirit of our
rules.
We do not allow the posting of excessive numbers of listings for the same
item. Excessive duplicate listings will be removed without notice.
Terms of Sale.
Unless
otherwise stated in the seller's Auction Description, the terms of sale of an
auction item are as follows:
Buyer pre-pays in US funds by
personal or business check, bank check, money order, or Escrow.
Personal or business checks
will be held until they clear (7 business days).
Buyer pays estimated actual
cost of shipping and insurance.
Payment must be received
within 10 days of initial contact by seller
Item is guaranteed to be
working and as described when delivered; no other warranty (express or
implied) is offered by seller.
Firearms must be shipped only
to an FFL Holder. Buyer must mail a copy of his (or his transfer dealer's)
license, signed in blue or red ink, to the seller before the item can be
shipped. Buyer must make arrangements with a Transfer Dealer before
placing a bid.
Other items such as
ammunition or knives may require proof of age before they can be shipped.
The seller can hold personal checks or money orders until payment clears for
a maximum of seven (7) business days. Items must be shipped promptly upon
clearance of funds. In general, no transaction should take over 30 days from
the close of auction until the buyer receives the item. Seller (or seller's
common carrier) is responsible for the item until the item is received by the
buyer or the buyer's transfer dealer. We strongly recommend insuring all
shipments and using delivery confirmation wherever possible.
'Side Deals' / Non-Winning Bidders.
Any
transaction made between a non-winning bidder and a seller is a 'side deal' and
is outside the scope of this auction site and its rules. Our Privacy Policy
prohibits us from providing contact information for users involved in a 'side
deal'. Buyers and sellers involved in a 'side deal' cannot post reputation. We
provide absolutely no assistance of any kind for buyers and sellers involved in
a 'side deal' in any way in the event of problems.
If a bid does not meet or exceed the reserve price (if any) on the item then
the bid is not a winning bid and the non-winning bidder is not obligated to buy
the item. Sellers are prohibited from soliciting side deals with
non-winning bidders during or after the auction. Non-winning bidders are
prohibited from contacting sellers and requesting a side deal during or
after the auction. Soliciting side deals may result in suspension or
termination of your account.
Non-US Sellers.
Sorry
at this time we only allow U.S. Sellers and buyers to participate on this site.
Fraud Prevention / Dispute Resolution.
We
provide a reputation system where buyers and sellers can publicly post their
experiences with each other. Before placing a bid, the buyer should check the
seller's reputation to see how the seller has handled himself in past
transactions. We strongly recommend that the buyer use either a credit card or an
online escrow service because of the extra protection these offer. Never send
cash or use any payment method that provides no proof of payment!
If you were the winning bidder in an auction transaction, sent payment, and
either did not receive your item or received an item substantially different
than what was advertised please contact us for our assistance..
For disputes between a buyer and seller other than fraud claims as described
above, we provide a reputation system where buyers and sellers can post their
experiences with the other party for all to see. As per the Reputation section
of this document we will not arbitrate disputes over reputation.
Auction Closing.
The
auction listings display the scheduled closing time for the auction.
System Abuse.
This
auction site reserves the right to refuse service to anyone. We will exercise
this right with "problem" buyers who win an auction and fail to
complete the transaction, and with "problem" sellers who list an item
and fail to sell it to the high bidder(s).
Without limiting any other remedies, this auction site may terminate your
account if you are found (by conviction, settlement, insurance or escrow
investigation, or otherwise) to have engaged in fraudulent activity in
connection with our site.
You agree to be liable for and to pay for any costs incurred by this site
for your misuse of the site or for your violation of any of the site's rules,
including but not limited to Final Value Fees incurred for any items you win
but fail to pay for, Final Value Fees for any items on which you place
fraudulent bids, and the cost of our time spent in resolving deliberate rules
violations.
Bid Manipulation.
Bid
manipulation of any kind is forbidden. A seller is prohibited from placing bids
or arranging to have bids placed on behalf of seller, seller's agent or
assigns. No shill bidding is allowed. Buyers are prohibited from communicating
with each other with the purpose of manipulating the final purchase price of an
item.
Technical Difficulties.
This
auction site is not responsible for bids not being processed or not being
accepted due to technical difficulties. Auctions will not be extended due to
technical problems. Do not wait until the last minute to bid!
User-Generated Content.
This
auction site is not responsible for the content of user-generated content
including auction listings, messages on our message forums, reputation,
pictures, etc. For legal reasons we do not screen user-generated content.
You are solely responsible for any information you post our use on this
site, and we act as a passive conduit for your online distribution and
publication of this information. If you post information that is slanderous,
violates any international, federal, state, or local law, or violates the
intellectual property of another party you will be solely liable for the
consequences. We may take any action with respect to such information we deem
necessary or appropriate in our sole discretion if we believe it may create
liability for us or may cause us to lose (in whole or in part) the services of
our ISPs or other suppliers.
Complaints of copyright violations or infringement of any other type of
intellectual property are covered in this document under the section labeled
Intellectual Property.
Illegal Items.
By
registering as a member of and using this site you agree that all transactions
do not violate any applicable local, state, federal and/or international laws.
Reputation.
Reputation
may only be posted between the winning bidder and the seller in a
transaction. Reputation is associated with a specific item listing and must
pertain specifically to that item listing. By submitting reputation you agree
that your rating and comments are truthful to the best of your knowledge and
accurately reflect what happened in the transaction. You may not take any
actions which could undermine the integrity of the reputation system, including
posting fraudulent good reputation to artificially improve another user's
rating or posting bogus bad reputation to falsely damage another user's rating.
If you accumulate excessive negative reputation or display a pattern of
unacceptable behavior your account may be suspended or permanently terminated.
We are not responsible for the information posted by a user in the reputation
system. It is not our responsibility to determine the 'truthfulness' of posted reputation,
and we do not arbitrate disputes over reputation. We reserve the right to
remove any piece of user-posted reputation at any time for any reason.
All complaints about a buyer or seller in an auction must be posted through
the reputation system and/or through email with our site administrators.
Registration.
Members
agree to provide true and accurate information about him/herself in the
registration form.
It is a violation of Federal law to make bids in a false name or with an
invalid credit card, even if our software initially accepts such a bid. Please
be aware that even if you do not give us your real name your web browser
transmits a unique Internet address to us which can be used by law enforcement
officials to identify you. Do not test our auctions with false bids. This puts
you at substantial personal legal risk. Fraudulent bidders will be prosecuted
to the fullest extent of the law. Currently, both the FBI and the US Secret
Service are responsible for investigating Internet fraud cases.
Payments And Fees.
Any
and all payments made to this auction site are non-refundable. This holds
true whether or not the item sells. If you use a credit card, our billings will
appear under the name C & K Enterprises /GunAuctionWorld.com
Fees for using GunAuctionWorld.com are on our Fees page.
Returned checks are subject to a $35.00 returned check fee. Writing bad
checks is a criminal offense; don't do it because we will prosecute.
By placing a credit card on file with us you expressly authorize us to
charge your card for any fees you accrue as a result of using (or misusing)
this site. You authorize us to consolidate balances from any duplicate accounts
you may have created on our site and bill them to your credit card. You may
revoke your authorization by sending a written request to C & K Enterprises
1252 Holbert Cemetery Rd. Sevierville TN 37876. We reserve the right to
continue to bill your card for any services rendered prior to receipt of your
written request, or for any fees accrued for any action taken prior to the
receipt of your written request (such as any active item listings posted prior
to receipt).
If you have a question about a charge on your credit card you agree to
contact us as is required by credit card association rules. If you deliberately
or inadvertently issue a 'chargeback' to your credit card, your account will be
terminated.
Credit Accounts
This site is set up in live payment mode which means, you must pay for
listing fees when placing the item and for end of auction fees after the
auction has ended. However, you may apply for an account with a credit limit on
GunAuctionWorld.com by contacting us via email. We reserve the right to refuse
account status to anyone for any reason.
Past due accounts will be terminated and the seller's auctions may be voided
at our discretion. Promotional offers, including free or discounted listings,
will be void if your account is more than 30 days past due. Accounts that are
or have been past due will have their credit limit reduced to zero. Past due
balances will be subject to a late payment fee of 1.5% per month or the highest
amount permitted by applicable law; whichever is lower. If your account is past
due you agree to pay any and all collection costs including but not limited to
court costs, attorney's fees, collection agency fees, and administrative costs.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are
responsible for paying all applicable taxes and for all hardware, software,
service and other costs you incur to bid, buy, procure a listing from us or
access our servers. We may in our sole discretion add, delete or change some or
all of our services at any time.
Bidders:
We do not accept payment in any form for any item(s) that you bid on. You
must remit payment directly to the seller for any item you bid on or win. If
you pay us for an item you won we reserve the right to deduct any fees or costs
we incur as a result of receiving your payment or refunding your money,
including check fees and/or credit card transaction fees.
Fee Avoidance. Attempting to circumvent or avoid paying our fees is
prohibited. Fee avoidance will result in a warning being issued and, if
repeated violations occur, termination of the seller's account. Examples of Fee
Avoidance include:
Using contact information
obtained from site or using any site feature to offer to sell merchandise
outside of GunAuctionWorld.com.
Canceling a listing to sell
the item to anyone who contacted the seller through this site or became
aware of the item through GunAuctionWorld.com
Ending an auction listing
early to sell the item at a higher price to the winning bidder. It is
permissible to end the auction to sell the item at the winning bid price.
Using contact information
obtained from this site or using any site feature to offer to sell an item
outside of GunAuctionWorld.com to a bidder who placed a bid but did not
meet the Reserve Price.
Using contact information
obtained from site or using any site feature to sell duplicate or additional
merchandise outside of GunAuctionWorld.com to non-winning bidders.
Offering in a listing the
opportunity to purchase the item or other merchandise outside of GunAuctionWorld.com.
Linking to an item on another
web site that is identical to the item offered at auction but is priced
lower than the auction item's Reserve Price or Starting Bid.
Listing an item with a low
price but charging unreasonably high shipping or handling costs
Listing a single item and
offering additional identical items for sale in the item description. In
this type of listing the seller instructs buyers to indicate the number of
items they want and states that they can get the same price as the item in
the listing.
Our
user-to-user messaging system ("Ask Seller a Question", "Mail
this Listing to a Friend", etc.) exists solely to allow contact between
bidder (or potential bidder) and seller for the purpose of engaging in or
completing an auction transaction. Use of the messaging system for any other
purpose is prohibited.
Users agree to refrain from "spamming" (sending unsolicited
commercial email to other users). A seller may not contact the bidder(s) on
similar listed items and promote his own item or offer another item for sale.
Users may not send spam through this auction site or through other mail servers
for any purpose, including promoting this site to earn affiliate program
rewards. Spamming will be reported to the applicable ISP(s) for further
punitive action and may result in criminal or civil penalties under various
laws.
Abuse of our mail system and/or sending spam is a serious offense and will
result in closure of your account here.
Scheduled Maintenance / System Downtime
We
reserve the hours between 3:00am and 6:00am Eastern Time for system maintenance.
This may or may not cause system downtime. Auction ending times may or may not
be extended without notice as a result of scheduled or unscheduled downtime.
Termination.
This
auction site may, at its sole discretion, terminate Service should Member's
conduct fail to conform to this User Agreement or other rules of this site.
Abusiveness or use of profanity directed toward this auction site or its
personnel will result in immediate termination of the Member's account here and
will result in a notation appearing on the Member's reputation.
Advertising Services.
If
you elect to participate in our advertising services (including Banner Ads,
Category Sponsorships, Newsletter or Opt-In Mail Advertising, etc) you
understand and agree that all advertising services are non-refundable.
Intellectual Property.
You
agree to refrain from posting or transmitting any materials that infringe any
third party's intellectual property, including copyright, patent, trademark,
trade secret or other proprietary rights or interests. If you believe that
materials posted on this site violate your copyright you can contact the site's
designated agent as per the Digital Millennium Copyright Act and file a claim
of infringement.
Terms of Use and Service
·ACKNOWLEDGMENT
AND ACCEPTANCE OF TERMS OF SERVICE
This Auction Site ("Service"), owned and
operated by this Auction Owner ("C & K Enterprises / GunAuctionWorld.com"),
is provided to you under the following Terms of Service and any operating rules
or policies that may be published by this Auction Site. The Terms of Service
comprise the entire agreement between Member and this Auction Site and
supersede all prior agreements between the parties, regarding the subject
matter contained herein. By participating in the registration process, you are
indicating your agreement to be bound by all of these Terms of Service.
·DESCRIPTION OF
SERVICE
This Auction Site is providing Member with an
auction service to buy and sell personal property. In consideration for this
Service, Member agrees to: (1) provide certain current, complete, and accurate
information about Member as prompted to do so by the Service and (2) maintain
and update this information as required to keep it current, complete and
accurate. All information requested on original sign up shall be referred to as
registration data ("Registration Data"). Furthermore, Member grants
this Auction Site the right to disclose to third parties certain Registration
Data about Member and Service membership in the aggregate; however, such
disclosures will exclude Member's name, mailing address, email address, account
and phone number, unless: (1) Member expressly directs this Auction Site, or
any other person, Member may specifically designate to disclose such
information through the Service as provided by the Service, or (2) this Auction
Site is required to disclose such information by any applicable law or legal
process served on this Auction Site.
If any information provided by Member is incomplete
or inaccurate, this Auction Site retains the right to terminate Member's
membership and rights to use the Service.
MODIFICATIONS TO TERMS OF SERVICE
This Auction Site reserves the right to modify
these terms and conditions at any time without notice. Member's continued use
of the Service constitutes an affirmative: (1) acknowledgment by Member of
these Terms of Service and any modifications; and (2) agreement by Member to
abide and be bound by these Terms of Service and modifications.
MODIFICATIONS TO SERVICE
This Auction Site reserves the right to modify or
discontinue the Service with or without notice to Member. This Auction Site
shall not be liable to Member or any third party should this Auction Site
exercise its right to modify or discontinue the Service.
AUCTION SITE'S OBLIGATIONS
Member acknowledges and agrees that this Auction
Site does not endorse any of the goods that are sold through the Service.
Member acknowledges and agrees that this Auction
Site is not responsible for any damages to goods during transit or during the
inspection period, nor for misrepresentations and/or breaches of contract by
either buyer and/or seller. Member acknowledges and agrees that any dispute
involving this Auction Site shall be settled by arbitration in the state of Tennessee, USA pursuant to the Rules of the
National Arbitration Forum.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
Once you become a member of the Service, you will
receive a user ID and a password. You are entirely responsible if you do not
maintain the confidentiality of your user ID and password. Furthermore, you are
entirely responsible for any and all activities, which occur under your user ID
and password. Member agrees to immediately notify this Auction Site of any
unauthorized use of Member's user ID or any other breach of security known to
Member.
DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE
IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS" AND
& "AS AVAILABLE" BASIS. THIS AUCTION SITE EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
THIS AUCTION SITE MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR
REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE; NOR DOES THIS AUCTION SITE MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR
RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN
THE SOFTWARE WILL BE CORRECTED. THIS AUCTION SITE MAKES NO WARRANTY REGARDING
ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY
TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM THIS AUCTION SITE OR THROUGH
THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
THIS AUCTION SITE SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM
THE USE OR THE INABILITY TO USE THE SERVICE, OR FOR COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE
OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE
SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO, OR ALTERATION OF MEMBER'S
TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF THIS AUCTION SITE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
OTHER LIMITATIONS
This Auction Site retains the right, at our sole
discretion, to determine whether or not Member's conduct is consistent with the
letter and spirit of these Terms of Service and User Agreement. This Auction
Site reserves the right to terminate service if a Member's conduct is found to
be inconsistent with these Terms of Service and User Agreement.
MEMBER CONDUCT
Member is solely responsible for the contents of
his or her transmissions through the Service. Member's use of the Service is
subject to all applicable local, state, national and international laws and
regulations. Member agrees: (1) to comply with US law regarding the
transmission of technical data exported from the United States through the
Service; (2) not to use the Service for illegal purposes; (3) not to interfere
or disrupt networks connected to the Service; and (4) to comply with all
regulations, policies and procedures of networks connected to the Service.
Member agrees not to transmit through the Service
any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene
or otherwise objectionable material of any kind or nature. Member further
agrees not to transmit any material that encourages conduct that could
constitute a criminal offense, give rise to civil liability or otherwise
violate any applicable local, state, national or international law or
regulation. Attempts to gain unauthorized access to other computer systems are
prohibited. This Auction Site may, at its sole discretion, immediately
terminate Service should Member's conduct fail to conform with these Terms of
Service and User Agreement.
INDEMNIFICATION
Member agrees to indemnify and hold this Auction
Site, its parents, subsidiaries, affiliates, officers and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Member's use of the Service, the violation of
these Terms of Service by Member, or the infringement by Member, or other user
of the Service using Member's computer, of any intellectual property or other
right of any person or entity.
TERMINATION
Should Member object to any of these Terms of
Service or any subsequent modifications thereto or become dissatisfied with the
Service in any way, Member's only recourse is to immediately: (1) discontinue
use of the Service; (2) terminate Service membership; and (3) notify this
Auction Site of termination.
PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Member may enter into correspondence with or
participate in promotions of the Advertisers showing their products on the
Service. Any such correspondence or promotions, including the delivery of and
the payment for goods and services, and any other terms, conditions, warranties
or representations associated with such correspondence or promotions, are
solely between the corresponding Member and the Advertiser. This Auction Site
assumes no liability, obligation or responsibility for any part of any such
correspondence or promotion.
LAWS
These Terms of Service shall be governed by and
construed in accordance with the laws of the state of Tennessee. Member and this Auction Site
agree to submit to the exclusive jurisdiction of the courts of the state of Tennessee. If any
provision(s) of these Terms of Service is held by a court of competent
jurisdiction to be contrary to law, then such provision(s) shall be construed,
as nearly as possible, to reflect the intentions of the parties with the other
provisions remaining in full force and effect. This Auction Site's failure to
exercise or enforce any rights or provisions of these Terms of Service shall
not constitute a waiver of such right or provision unless acknowledged and
agreed to by this Auction Site in writing. Member and this Auction Site agree
that any cause of action arising out of or related to this Service must
commence within one (1) year after the cause of action arose; otherwise, such
cause of action is permanently barred. The section titles in these Terms of
Service are solely used for the convenience of the parties and have no legal or
contractual significance
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