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 Terms
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Terms and Conditions
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS & CONDITIONS
Use of Gundealz.com web site constitutes acceptance of these Terms & Conditions.
You accept and agree to be bound by the Terms & Conditions, operating rules
and/or policies, published by our website as described below (all such Terms &
Conditions, operating rules and/or policies as they may be amended from time to
time without notice, shall hereinafter be referred to as these "Terms &
Conditions"). Members may be referred to as "Member," "User," "Buyer" when a
Member is being described as acting as a buyer in a auction transaction,
"Bidder" when a Member is being described as bidding on an asset in order to act
as a potential buyer in a auction transaction, and "Seller" when a Member is
acting as a seller in a auction transaction. These Terms & Conditions comprise
the entire agreement between Member and our company and supersede all prior
agreements between the parties, regarding the subject matter contained herein.
1.2 DESCRIPTION OF AUCTION SERVICES
Gundealz.com acts as a venue for Sellers to list properties and Buyers to bid on
properties. We are not involved in the actual transactions between Buyers and
Sellers and assume no responsibility for actions made based on information or
services. In the event that any parties using our Site, including Sellers,
Buyers and Bidders, have a dispute, the Company (including our officers,
directors, agents, affiliates, and employees) is not liable for any claims,
demands and damages arising out of or in any way connected with such disputes.
The information published on the Site may include inaccuracies or errors. While
Gundealz.com strives to keep the information on the Site accurate, complete and
up-to-date, Gundealz.com can not guarantee, and will not be responsible for any
damage or loss related to the accuracy, completeness or timeliness of the
information. Such information is provided without warranty of any kind. In no
event shall the Company (and our officers, directors, agents, affiliates, and
employees) be liable for any claims, demands and damages arising out of or in
any way connected with the use of the Site, the delay or inability to use
Gundealz.com, or any information or services obtained from the Site.
1.3 WHO CAN BID?
Bidders must register with Gundealz.com as a Member and be capable of forming
legally binding relations under applicable law. The services provided are not
available to individuals under the age of 18 years old and any other individuals
who are legally prohibited from, or otherwise incapable of, entering into
binding contracts. It is the Member's responsibility to determine their legal
rights to bid on or purchase any property shown on this website.
1.4 WHO CAN SELL?
Sellers must be the rightful owners or authorized by the owners of such
property, a court of law, or through power of attorney to sell an Asset. Sellers
must produce evidence of ownership and/or authorization to sell an Asset upon
request of our company or a Buyer.
1.5 PROCEDURE FOR CONDUCTING AUCTIONS
Assets are listed for the specified bidding periods shown on Gundealz.com and
are deemed "sold" at the close of bidding which will be set at a time
pre-determined by the Seller. Each Asset will have a description and disclosure
information on Gundealz.com, as well as any additional conditions of sale
provided by the Seller. Once bidding commences, Bidders may make a bid at any
time prior to closing of the bidding. All Assets will have a minimum bid price
disclosed on the Site. For certain Assets, the Seller may impose a reserve price
which is not disclosed on the Site. If there are no bids above the minimum bid
or reserve price (whichever is higher), then the Seller is not obligated to sell
the Asset. After bidding closes on each Asset, We will send the highest Bidder
and Seller an email detailing the highest bid and contact information. In all
auctions Buyers who receive a winning bid notice are legally bound to buy the
asset at the quoted bid amount (see "Contractual Obligations of Buyers and
Sellers" below), and the Seller is legally bound to sell the asset, pursuant to
these Terms & Conditions, subject to the additional conditions of sale specified
by Seller. The Seller is obligated to contact the winning Bidder within three
(3) business days to complete the transaction (or the Seller may engage a
representative, including our company, to contact the winning Bidder on the
Seller's behalf, pursuant to prior agreement). After three (3) business days if
the Seller is unable to contact the winning Bidder, for whatever reason, the
Seller may, in its sole discretion (a) continue to attempt to contact the high
bidder with assistance from us; (b) after contacting us, contact the second
highest Bidder and sell the Asset to the second highest Bidder; or (c) re-list
the asset on the Site. By selling an Asset to the next highest Bidder, neither
the Seller nor our company is releasing any claims he/she/it may have against
the highest Bidder for non-performance. Once the Seller contacts the winning
Bidder, the Seller and winning Bidder shall complete the settlement of the
purchase and sale of the Asset pursuant to "Settlement of Transactions" below.
1.6 SETTLEMENT OF TRANSACTIONS
The settlement of a purchase and sale of an Asset following a completed bidding
process shall be conducted pursuant to this Section, unless otherwise provided
in the Seller's conditions of sale or in a written agreement executed by the
Buyer and Seller. Unless otherwise provided in the Seller's conditions of sale
or otherwise agreed upon by the Seller and Buyer in writing, final settlement
shall take place no later than seven (7) business days after Buyer is given a
Winning Bid notice.
1.7 USER NAME AND PASSWORD
Once a party becomes a Member of Gundealz.com, the Member will select a user
name and a password. Members are entirely responsible for maintaining the
confidentiality of their user names and passwords. Furthermore, Members are
entirely responsible for any and all activities, which occur under a Member's ID
and password. Member agrees to immediately notify us of any unauthorized use of
Member's ID or any other breach of security known to Member.
1.8 CONTRACTUAL OBLIGATIONS OF BUYERS AND SELLERS
Terms & Conditions As Contract. These Terms & Conditions, together with any
additional conditions of sale provided by a Seller for a particular Asset
disclosed on the Site, comprise a contract between a Seller and the winning
Bidder in any completed auction. By bidding on an Asset a Bidder agrees, and by
listing an Asset on Gundealz.com, a Seller agrees, to be bound by these Terms &
Conditions and the Seller's conditions of sale included in the Asset's
description, so long as those conditions of sale are not in violation of these
Terms & Conditions or unlawful. In the event of any direct conflict between
these Terms & Conditions and any conditions of sale provided by a Seller, then
these Terms & Conditions shall prevail, except that in the event of a direct
conflict regarding the timing and requirements of settlement provided in the
Section entitled "Settlement of Transactions" above, then the Seller's
conditions of sale shall prevail with respect to such provisions.
1.9 BINDING CONTRACT BETWEEN BUYER AND SELLER
A bid made by a Buyer is an offer to purchase the asset from the Seller at the
stated bid price. The bid is an irrevocable offer, subject only to material
changes in the description of an asset made after such bid is placed by a Buyer.
Buyers are required to conduct any research or due diligence of an asset prior
to making a bid (See "Other Responsibilities of Bidders/Buyers" below). All
Assets are listed and sold on an "as is" basis. If a Buyer bids on an asset and
that bid represents the highest bid for that asset, and the highest bid is at or
above the Seller's minimum and/or reserve price (whichever is higher), the
Buyer's bid is deemed accepted by the Seller (subject to these Terms &
Conditions, including the right of a Buyer to change or retract a bid in the
event of a material change in the description of the Asset, as set forth below),
except for an exceptional circumstance, such as a typographical error. Once a
Buyer's bid is accepted by the Seller, the Buyer is obligated to purchase the
asset at the price he/she/it offered and pursuant to these Terms & Conditions
and the Seller's conditions of sale. If a Seller receives at least one bid at or
above the Seller's stated minimum price (or in the case where the Seller has set
a reserve price, at or above the reserve price), the Seller is obligated to
complete the transaction with the highest Bidder upon the completion of the
bidding, unless there is an exceptional circumstance, such as a clear
typographical error or other conditions stated in these Terms & Conditions.
1.10 CONDITIONS OF PURCHASE AND SALE
All purchases and sales of Assets and use of Gundealz.com by Members shall be
conducted in compliance with applicable law. Purchases made on Gundealz.com are
entirely without recourse to our company. All Members acknowledge and agree that
closing of all sales of Assets may be subject to final approval of a court
(including a bankruptcy court) or other agency and that if such approval is not
obtained, the Seller may withdraw such Asset after a completed bidding process
without any recourse or liability on the part of 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.
1.11 BUYER AND SELLER CONTRACT OBLIGATIONS
All Members are third party beneficiaries of these Terms & Conditions, and
Buyers and Sellers shall be entitled to enforce the provisions hereof and may
pursue legal action against each other for non-performance of any provision
hereof, including without limitation, non-performance of a purchase and sale
after a completed bidding process. In addition, our company retains the right to
terminate a Member's rights to use Gundealz.com in the event a Member violates
these Terms & Conditions. All Assets are listed and sold on the Site on an "as
is" basis. Bidders are required to conduct any research or due diligence of an
asset that they wish to conduct prior to making a bid. After the online bidding
is complete, unless otherwise indicated/engaged, Buyers are responsible for
taking all necessary actions to complete the sale once a Winning Bid notice is
given to Buyer. We retains the rights to terminate a Buyer's rights to use
Gundealz.com in the event a Buyer fails to perform its obligations to settle on
a completed auction.
1.12 OTHER RESPONSIBILITIES OF SELLERS
Description of Assets. Sellers must accurately describe Assets in a listing
provided for inclusion on Gundealz.com and shall be liable for any misstatements
or omissions in such description. Failure to accurately describe an Asset could
be fraudulent and could subject a Seller to civil and/or criminal liability, as
well as being in violation of these Terms & Conditions. Our company retains the
right to terminate a Seller's rights to use the Site in the event a Seller
includes material misstatements or omissions in an Asset's description. Prior to
listing an Asset, Sellers shall provide to us any terms or conditions of sale
for particular Assets in addition to these Terms & Conditions. Sellers are
responsible for complying with all applicable local, state, federal, or foreign
laws, rules, regulations and legal approvals regarding the sale of any Assets.
Sellers are also solely responsible for ensuring that all items offered for sale
are offered in full compliance with any applicable legal limitations or
restrictions.
1.13 PAYMENT OF FEES AND/OR COMMISSION
Each Seller shall pay our company the agreed upon
listing fees and/or commission based on the final sales price for the asset in
question. Such listing fees and/or commissions shall be deducted from any
credits available in the member's account. Credits may be purchased at any time.
In the event that such amount is not available from the member's credits an
invoice shall be issued. Such invoice shall be paid to us within thirty
(30) days of invoicing. All credits are non-refundable and shall be held by the
company until such time as they are used by members.
1.14 SUPERVISION OF CONTENT
We reserves the right to supervise all material, content and information on its
Site, including, but not limited to, asset listings and bidding activity, to
determine compliance with the Terms & Conditions and all current and future
operating procedures and rules of conduct established by our company. We
reserves the right, at its sole discretion, to amend, edit, remove or otherwise
block any material posted by a Member, which may violate any state, federal or
local law or violate any aspect of these Terms & Conditions or which may
otherwise jeopardize the business operations or goals.
1.15 MEMBER CONDUCT
Member is solely responsible for the contents of his/her/its transmissions
through Gundealz.com. Member's use of the Site is subject to all applicable
local, state, national and international laws and regulations. Member agrees:
(a) to comply with international law regarding the transmission of technical
data exported from any country through the Site; (b) not to use the Site for
illegal purposes; (c) not to interfere or disrupt networks connected to the
Site; and (d) to comply with all regulations, policies and procedures of
networks connected to the Site. Member agrees not to transmit through
Gundealz.com 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. Member further agrees not to use Gundealz.com in a manner that
violates any national, international, federal, state, local or statute laws,
including but not limited to the sale of any regulated substances.
1.16 NO RESALE OR COMMERCIAL USE OF THE SERVICES PROVIDED ON THE SITE
Member's right to use the Site is personal to Member. Member agrees not to
resell or make any commercial use of the services provided on Gundealz.com,
without the express written consent of our company. Member acknowledges that
content appearing on the Site may be protected by copyrights, trademarks or
other proprietary or personal rights and that applicable laws will govern the
Member's use of such content. Member agrees that without the prior written
consent of our company, Member shall not resell the Site, or the services
provided on the Site, or use the Site for the transmission of commercial
solicitations (other than an offer by Seller of Assets for sale) or for the
receipt of responses to commercial solicitations (other than a Buyer's interest
in purchasing Assets offered for sale through the Site) without the express
written consent of our company. Member agrees not to, for a commercial purpose,
upload, transmit, reproduce, distribute or participate in the transfer or sale,
or in any way exploit, any content obtained through the Site. Member agrees not
to use Gundealz.com for the transmission of (or receipt of responses to) chain
letters, lotteries, gambling or pyramid schemes of any kind. Member agrees not
to use Gundealz.com to disseminate any message in a broad-based mailing without
the prior written permission of our company. Member agrees not to forge
communications or take any other action that would disguise the origin of
communications Member transmits through the Site. Member agrees not to permit
another person to transmit communications that falsely identifies the Member's
account as the origin of such communication. Nothing herein shall limit or
prevent any Buyer from re-selling any Asset purchased through Gundealz.com
1.17 LIMITATION OF LIABILITY
NEITHER GUNDEALZ.COM, THEIR INTERNET SERVICE PROVIDERS, OR THEIR INFORMATION
PROVIDERS, LICENSORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS NOR ANYONE ELSE
INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SERVICE SHALL BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES
ARISING OUT OF USE OF OUR AUCTION SITE OR INABILITY TO USE OUR COMPANY
(INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL OR SAVINGS, DOWNTIME,
DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA) ARISING FROM CLAIMS BASED IN
WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE,
(BUT EXCLUDING CLAIMS ARISING OUT OF PERSONAL INJURY OR DEATH CAUSED BY THE
NEGLIGENCE OF Gundealz.com PROVIDERS) EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH CLAIM OR DAMAGE. THE PROVISIONS OF THIS AGREEMENT ARE
FOR THE BENEFIT OF OUR COMPANY, THEIR INTERNET SERVICE PROVIDERS, OR THEIR
INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, REPRESENTATIVES AND AGENTS AND EACH
SHALL HAVE THE RIGHT TO ASSERT AND ENFORCE SUCH PROVISION DIRECTLY ON ITS OWN
BEHALF. THE PROVISIONS OF THIS PARAGRAPH AND THE PRECEDING PARAGRAPHS WILL
SURVIVE ANY TERMINATION OF THIS AGREEMENT.
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