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WEBSITE TERMS AND CONDITIONS FOR THE USE OF GEARHEADAUCTION.COM
PLEASE READ THESE TERMS CAREFULLY. THIS DOCUMENT CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS WITH USE OF THIS WEBSITE.
In these terms and conditions "WE / US / OUR /
gearheadauction.com" means gearheadauction.com a Michigan based corporation.
"WEBSITE" means the website located at and functioning as www.gearheadauction.com and all
associated websites under the management and or control of gearheadauction.com.
"YOU / YOUR" refers to you as a USER of the WEBSITE. "SELLER / SELLER'S" refers
to person, party or group that has posted an item for sale at
gearheadauction.com. "BUYER / BUYER'S" refers to a person, party or group that has
bid on an item for sale at gearheadauction.com. The term "USER / USER'S" refers
to a VISITOR or a MEMBER of the gearheadacution.com WEBSITE. "USER DATA" shall
mean all information (if any) submitted by YOU. The term "VISITOR" means
that you simply browse the WEBSITE. The term "MEMBER" means that you
have registered with the WEBSITE.
By accessing this WEBSITE you agree to be bound by the
terms and conditions appearing in this document. All USERS of the WEBSITE are
required to agree to the following terms and conditions prior to using the
service. Registering with gearheadauction.com constitutes acceptance to all of
the items listed below.
This agreement must be read in conjunction with the gearheadaution.com Privacy Policy.
WE may alter these Terms and Conditions from time to time, and YOUR use of the WEBSITE (or any part of) following such change shall be deemed to be YOUR acceptance of such change. It is YOUR responsibility to check regularly to determine whether the Terms & Conditions have been changed. If YOU do not agree to any change to the Terms & Conditions then YOU must immediately stop using this WEBSITE.
These Terms and Conditions constitute the entire agreement between you and gearheadauction.com and govern YOUR use of this WEBSITE, superseding any prior agreements.
1.) GENERAL OVERVIEW
OUR WEBSITE acts as a venue for BUYERS and SELLERS to conduct business. YOU acknowledge that WE are not a traditional auctioneer. This WEBSITE is a venue to allow anyone, at the sole discretion of gearheadauction.com, to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. Gearheadauction.com does not posses or own any of the items available for sale or auction, nor are we involved in any part of the sales transaction. It is the sole responsibility of the SELLER to represent authenticity, availability, and quality of the merchandise. Both the BUYER and SELLER should consider the feedback rating of each other prior to entering into a binding agreement. Acting as a BUYER, by placing a bid an or offer you enter into a binding contract between YOU and the SELLER and the bid cannot be retracted. Once you place a bid, and if you win, you become the BUYER and you will be obligated to buy the product at the said price you indicated as YOUR bid. Placing a bid on this WEBSITE, and winning, then not paying for the product is illegal, and prosecution can result. The SELLER of property sold through this WEBSITE reserves the right to reject any and all bids before the end of the auction, at their sole discretion. The seller must sell the product to the highest bidder that meets or exceeds the minimum price. Once the transaction closes, both the BUYER and SELLER are obligated to complete the transaction.You agree that it is the SELLER'S and the BUYER'S responsibility to determine whether sales or use taxes apply to the transactions and to collect, report and remit the correct tax to the appropriate tax authority. You also agree that gearheadauction.com is not obligated to determine whether sales or use taxes apply and is not responsible to collect, remit or report any sales or use taxes arising from any transaction. You acknowledge that by not fulfilling these obligations, YOUR action or inaction may be legally actionable.
WE will not get involved in any dispute that may arise between various USERS. All USERS of this WEBSITE therefore agree to hold gearhedauction.com harmless from any type of damages, claims or responsibility that arise from any type of BUYER or SELLER dispute, including negligence or gross negligence. WE are not responsible for images, graphics or feedback comments left by other USER.
2) YOUR USE OF THE WEBSITE (BUYER AND OR SELLER)
YOU will not use the WEBSITE for any unlawful or illegal
purpose.
YOU will not violate or attempt to violate the security of the
WEBSITE.
YOU will not attempt any unauthorized access to any part or
component of the WEBSITE.
YOU will not to use the WEBSITE in a way that
may cause the WEBSITE to be interrupted, damaged, rendered less efficient or
such that the effectiveness or functionality of the WEBSITE is in any way
impaired.
YOU will not hack into the WEBSITE, OUR computer systems or the computer systems of other users of the WEBSITE. Hacking or "Hack" is defined as but not limited to: unauthorized access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or WEBSITE.
YOU will not use the WEBSITE to harvest or collect email addresses or any other contact information from the WEBSITE by electronic or any other means for the purposes of sending unsolicited emails or other unsolicited communications.
YOU will not upload, post, transmit, share, store or
otherwise make available any content that we deem to be harmful, threatening,
unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar,
obscene, fraudulent, invasive of privacy or publicity rights, hateful, or
racially, ethnically or otherwise objectionable or
questionable.
YOU will not register for more than one USER account.
YOU will not register for a USER account on behalf of an individual other than yourself.
YOU will not impersonate any person or entity, or falsely
state or otherwise misrepresent yourself.
YOU will not upload,
post, transmit, share or otherwise make available any unsolicited or
unauthorized advertising, solicitations, promotional materials, "junk mail",
"spam", "chain letters", "pyramid schemes", or any other form of
solicitation.
YOU will not upload, post, transmit, share, store or otherwise make publicly available on the WEBSITE any private information of any third party, including but not limited to: addresses, phone numbers, and email addresses.
YOU will not upload, post, transmit, store, share or
otherwise make publicly available any material that contains software viruses or
any other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications equipment;
YOU will not intimidate or harass
another USER.
YOU will not upload, post, transmit, share, store or
otherwise make available content that would constitute, encourage or provide
instructions for a criminal offense, violate the rights of any party, or that
would otherwise create liability or violate any local, state, national or
international law.
YOU will not attempt to use another USERS account, service or system without authorization from that USER or company.
YOU will create a false identity on the WEBSITE.
YOU will not upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of gearheadauction.com, is objectionable or which restricts or inhibits any other person from using or enjoying the WEBSITE, or which may expose gearheadauction.com or its users to any harm or liability of any type.
Eligibility: Use of the WEBSITE and the services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not use the WEBSITE. Every person who uses the WEBSITE hereby represents to gearheadauction.com that he or she is not a minor, is at least over the age of eighteen (18) years of age, and may otherwise enter into and form binding contracts under applicable law. To register, YOU must provide but not limited to YOUR real name, address, phone number and e-mail address.
Password Security: You are solely responsible for maintaining the security of YOUR password. You may not disclose YOUR password to any third party (other than third parties authorized by you to use YOUR account) and are solely responsible for any use of or action taken under YOUR password on this WEBSITE. If YOUR password is compromised you must change YOUR password.
Shill Bidding: YOU are strictly prohibited from placing bids or causing bids to be placed on any product for the purpose of artificially increasing, influencing user behavior or otherwise manipulating the bidding process on gearheadauction.com.
3) LIMITATION ON LIABILITY
All services provided by gearheadacution.com are offered
"as-is" with no warranty or conditions expressed or implied. USERS agree to hold
gearheadauction.com harmless and not liable for any event that may result in
lost profits, sales, revenues or incidental / consequential damages (regardless
of negligence or gross negligence). WE reserve the right to modify or
withdraw, temporarily or permanently, the WEBSITE (or any part of) with or
without notice to YOU.
WE reserves the right to change any and all
content, software and other items used or contained in the WEBSITE and any
services offered through the WEBSITE at any time without notice. You will not be
eligible for any compensation or seek damages because you cannot use any part of
the WEBSITE or because of a failure in the operation of the WEBSITE.
IN NO EVENT SHALL GEARHEADAUCTION.COM BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM
YOUR USE OF THE SERVICES, EVEN IF GEARHEADAUCTION.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
IN NO CASE WILL GEARHEADAUCTION'S LIABILITY TO YOU
EXCEED $100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO GEARHEADAUCTION.COM FOR
THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE
PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY,
REGARDLESS OF THE CAUSE OF ACTION.
WE are not liable for the availability of any external
sites or resources, and do not endorse and are not responsible or liable,
directly or indirectly, for the privacy practices or the content (including
misrepresentative or defamatory content) of any third party websites, including
(without limitation) any advertising, products or other materials or services on
or available from such websites or resources, nor for any damage, loss or
offence caused or alleged to be caused by, or in connection with, the use of or
reliance on any such content, goods or services available on such external sites
or resources.
WE have the right, but not the obligation, to monitor any activity and content associated with the WEBSITE. WE may investigate any reported violation of these Terms & Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to YOUR access and/or removing any materials from the WEBSITE).
The laws of the State of Michigan govern this Agreement and all of its Terms and Conditions, without giving effect to any principles of conflicts of laws.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
4) NO AGENCY
No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this Agreement. WE
are not the agent, fiduciary, trustee or other representative of you.
5.) WEBSITE AVAILABILITY
Access to this WEBSITE may from time to time be unavailable,
delayed, limited or slowed due to, among other things:
Hardware failure, including among other things,
failures of computers (including YOUR own computer), servers, networks,
telecommunication lines and connections, and other electronic and
mechanical equipment.
Software failure, including among other
things, bugs, errors, viruses, configuration problems, incompatibility of
systems, utilities or applications, the operation of a firewall(s) or screening
programs, unreadable codes, or irregularities within particular documents or
other content.
Overload of system
capacities.
System maintenance.
Damage caused by severe weather, earthquakes, wars,
insurrection, riots, terrorism, civil commotion, act of God, accident, fire,
water damage, explosion, mechanical breakdown or natural
disasters.
Interruption (whether partial or total) of power
supplies or other utility of service.
Strike or other
stoppage (whether partial or total) of labor.
Governmental or
regulatory restrictions, exchange rulings, court or tribunal orders or other
human intervention.
Or any other cause (whether similar or
dissimilar to any of the foregoing) whatsoever beyond OUR
control.
If access to this WEBSITE is unavailable, delayed or
limited, or if this WEBSITE does not operate quickly and efficiently, you may be
unable to transmit YOUR instructions for transactions and other matters, or such
instructions may not be promptly executed or you may be unable to retrieve
information on a timely basis. If YOUR operations are dependent on such
communications with us, and such communications are disrupted or delayed, you
may suffer losses. WE will not be liable for any such loss.
In no event shall gearheadauction.com be liable for any loss of data that is used for and or stored at this WEBSITE.
6.) NO WAIVER
Our failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of this agreement.
7.) RESOLUTION OF DISPUTES
You agree that any controversy arising out of use of this WEBSITE, or a dispute with reference to these Terms and Conditions, their validity or effect will be governed by the laws of the state of Michigan without regard to conflicts of laws provisions thereof. Any controversy arising out of or in connection with use of the WEBSITE or these Terms, their validity or effect, will be conclusively determined by arbitration in the Sate of Michigan, County of Wayne, City of Garden City, in accordance with the rules of the American Arbitration Association; provided, however, that such arbitration will be held before a single arbitrator selected by the parties, which arbitrator must be well acquainted with the internet industry. You agree that any proceeding that you may choose to bring against us will be initiated within sixty (60) days after the alleged date of the event bringing rise to such dispute. You waive any and all rights and benefits which you might otherwise have or be entitled to litigate any such dispute in court, because it is YOUR intention to arbitrate all such disputes according to the provisions hereof. The arbitrator's decision will be controlled by these Terms & Conditions. Any such decision and accompanying award will provide for each party, respectively, to bear its own costs of arbitration and attorneys' fees. The pendency of an arbitration, the proceedings, any evidence or other material, and any award shall be maintained and remain confidential, except that an award may be confirmed by a court of competent jurisdiction if it has not been fully satisfied within 14 days of its issuance.
8.) CONTENT RIGHTS
YOU give us a non-exclusive, worldwide, royalty-free, irrevocable, sublicenseable (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or USER data displayed in YOUR listings or bids.
9.) SEVERABILITY
If any provision of this agreement shall be deemed unlawful,
void, or for any reason unenforceable, then that provision shall be deemed
severable from these Terms and Conditions and shall not affect the validity and
enforceability of any remaining provisions.
3/16/2009 - Revison 1.4