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Auction Site User Agreement

This user agreement (the "User Agreement") is a legal agreement between You, the user ("You", "Your" or "User"), and ISOLDMYGUN, LLC ("Provider"). By using the services available from the domain and subdomains of www.isoldmygun.com (the "Site") you are agreeing to the following terms with Provider. Provider reserves the right to supplement, revise or update the terms of this User Agreement at any time without notice to You other than by posting new terms on the Site. Use of the Site following any said changes to the terms of this User Agreement shall be deemed acceptance by You of any modification to the terms and conditions of this User Agreement.

  1. GENERAL USE PROVISIONS
    Provider is not involved in the actual transaction between any users of this Site and assumes no control or liability over any issues that may arise as a result of any transaction. Provider is not selling any physical items. Provider is selling advertising on this Site for buyers and sellers to conduct business in a legal manner. User acknowledges and agrees that Provider does no endorse any of the goods sold through the Site. User agrees to use the Site and services provided therein at its own risk and acknowledges that all sales or purchases are made at User's own risk. Provider is not involved in the transactions between buyers and sellers. Provider has no control over and does not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell and item, the ability of buyers to pay for items, or that a buyer or seller will actually complete the transaction. The services available on this Site are intended for only those individuals who can form legally binding contracts. User warrants that he/she is not under the age of eighteen (18). Only those Users who are legally allowed to own an item are allowed to buy or sell it at the Site. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement or by use of the Site. It is User's responsibility to be in compliance with all local, state, federal and/or international laws when using this Site. By using the services of this Site, You agree that You are an individual who can form a legally binding contract and that all transactions You engage in do not violate any applicable local, state federal and/or international laws. Provider shall have no liability for User's unlawful use of the services on this Site. In order to use the services of this Site You must provide Your true name and address, valid email address, and valid credit card information. By failing to provide accurate information, You risk losing access to all services provided by this Site and any penalties or liability that may occur or arise as a result of providing inaccurate information. Provider may, at its sole discretion, terminate any services offered to You through this Site should Your conduct fail to conform to any provision of this User Agreement or other rules of this Site. Provider may also modify or terminate any service provided by the Site with or without notice to You. Provider shall not be liable to User or any third-party should Provider exercise its right to modify or discontinue any service. Provider reserves the right to deny services to any User for any reason at its sole discretion.
  2. TRANSFER OF WEAPONS, FIREARMS, AMMUNITION AND RELATED PRODUCTS
    By using the services of this Site, You represent that you are in compliance with all local, state, federal and/or international laws with respect to the transfer of weapons, firearms, ammunition, or any related products. User acknowledges that it is User's responsibility to determine whether User is in compliance with such laws and that Provider shall have no responsibility to provide such information or determination. It is User's responsibility to determine whether or not the transfer of a particular item requires that the particular item be shipped to and/or from a licensed Federal Firearms License (FFL) dealer. Provider is not responsible for providing this information to Users. Provider shall have no liability or responsibility for any damages that may occur as the result of an illegal transfer between You and any other user, person or entity, whether intentional or unintentional.
  3. POSTING
    User will only advertise items for sale (also referred to herein as "Posting") which are considered legal by all local, state, federal and/or international laws. User will not sell items which may be considered contraband by any applicable laws, items that are stolen, or any other item whose sale is considered illegal by any applicable laws. User shall be solely responsible for knowing the legality of items offered for sale by User on the Site. Provider shall not be held responsible or liable in any way for any damages that may occur to User or any other user as the result of the illegal sale of an item at the Site. Posting an item in an auction on the Site indicates Your intent to sell this item to the winning bidder and is irrevocable. 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 of the item. Upon completion of the auction it is Your responsibility to conclude the sale with the winning bidder. You must contact the winning bidder within five (5) business days of purchase of item and supply payment instructions to purchaser. You must then ship the item sold to the purchaser within ten (10) business days after shipping instructions and payment are received by purchaser. By Posting an item on the Site You agree that You will not: inflate the price of your item by bidding on the item yourself; engage in any fraudulent or illegal activity; infringe on any third-party's intellectual property rights; send spam (send unsolicited email) to other users of this Site. Any of the foregoing conduct, or any conduct deemed be in violation of this User Agreement will result in immediate termination of your use of the Site's services. By Posting any item on the Site, You authorize Provider to release Your contact information including name, address, email and telephone number to the bidders who placed bids on the item You posted.
  4. BIDDING
    Bidding on an item on the Site indicates your intent to purchase that item from the respective seller. Placing a bid constitutes entering into a binding contract with the seller of that item to purchase the item at the winning bid price and in accordance with the terms stated in the Posting and the rules of the Site and this User Agreement Bids cannot be cancelled once they are submitted without the permission of the seller. The seller is not required to give such permission. Upon receiving notification that You are the winning bidder You are obligated to purchase the item or, in the case of a reverse auction, sell the item. 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. Failure to compensate seller of an item after winning the auction for an item shall be deemed a breach of the User Agreement and will make You liable for loss of all services provided at the Site. By bidding on an item, you authorize Provider to release Your contact information including name, address, email and telephone number to the seller of the item you bid upon.
  5. INDEMNIFICATION
    User agrees to indemnify Provider, its parents, subsidiaries, affiliates, officers and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third-party due to or arising out of User's use of this Site or the services provider by the Site, the violation of the terms of this User Agreement, or the infringement by User or any other user of the Site, of any intellectual property or other right of any person or entity.
  6. DENIAL OF SERVICE
    ISOLDMYGUN, LLC. Reserve’s the right to refuse service to anyone for any reason. This right will be exercised when it becomes evident a user is in some way abusing the system.
  7. PAYMENTS AND FEES
    You agree to pay all fees incurred from your use of this Site. All fees incurred in connection with this Site are non-refundable. Provider also reserves the right to change fee amounts and impose fees on services that previously had no fees. By registering on this site You authorize Provider to charge your credit card for any fees you accrued using the Site. You agree to waive all chargeback rights. In the event that you issue a credit card chargeback, you will be charged $40 for every chargeback you initiate to cover Provider's costs associated with the chargeback. Your credit card will be billed under the name ISOLDMYGUN, LLC. or ISOLDMYGUN.com. All sales are final.
  8. ENTIRE AGREEMENT
    This User Agreement comprises the entire agreement between the User and Provider and supersedes all other agreements. By use the services offered by this Site, you are indicating Your consent to be bound by this User Agreement.
  9. DISCLAIMER
    EXCEPT AS SPECIFIED HEREIN, THE SERVICES ON THIS SITE ARE PROVIDED SOLELY ON AN "AS IS" BASIS. PROVIDER HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. USER ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE PRODUCTS/SERVICES ARE SUFFICIENT FOR USER'S PURPOSES. PROVIDER DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, LEGALITY, ACCURACY, OR COMPLETENESS OF ANY OF THE PRODUCTS/SERVICES CONTAINED ON THE SITE.
  10. LIMITATION OF LIABILITY
    PROVIDER SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES SUFFERED RESULTING FROM THE USE OR INABILITY TO USE THE SITE, OR AS A RESULT OF PURCHASING OR SELLING ITEMS ON THIS SITE. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER ARISING, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES OFFERED BY THIS SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED OR AVAILABLE THROUGH THE SITE, EVEN IF PROVIDER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE TO HOLD PROVIDER HARMLESS FROM, AND YOU COVENANT NOT TO TAKE, ANY LEGAL OR OTHER ACTION AGAINST PROVIDER ASSERTING ANY CLAIMS BASED ON OR RELATED TO THE USE OF THIS SITE.
  11. GOVERNING LAW AND JURISDICTION
    This User Agreement shall be governed and construed in accordance with the laws of the state of Connecticut. User and Provider agree to submit to the exclusive jurisdiction of the courts of the state of Connecticut. If any provision of this User Agreement is held by a court of competent jurisdiction to be contrary to the law, then such provisions shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Provider's failure to exercise or enforce any rights or provisions of the User Agreement shall not constitute a waiver of such right or provision unless acknowledges and agreed to by the Provider in writing.

 

 


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