I. Acceptance of Terms
Welcome to AuctionArmory.com (referred to as the “Site”). This Site is owned and operated by Auction Armory, LLC, a Florida limited liability company (referred to as “Company,” “us” or “we”). The following Terms and Conditions of Use (“Terms”) set out the terms on which we offer you access to and use of our Site, services, applications, forums, and tools. All Site rules and policies are incorporated by reference into these Terms. We may also offer other services that are governed by additional terms of service.
We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site and Services after such modifications will constitute acknowledgement and acceptance of the modified Terms.
As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and services available on this Site.
As used in these Terms, references to “you” or “user” means the person now registering as a user of the Site or the existing user of the Site now agreeing to these Terms and, if applicable, the business entity specified by you upon registration. You and your business entity, if any, are jointly and severally liable for your obligations under these Terms.
BY USING THIS SITE AND SERVICES ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, SERVICES AVAILABLE ON THIS SITE, OR THESE TERMS IS TO CEASE USING THE SITE.
YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
Please be advised that these Terms and the Site Rules set forth how claims between us are resolved. Under these Terms, a user will not be able to proceed against us through a class or representative action, but will only be able to pursue claims or seek relief against us on an individual basis.
A. Services. We provide a number of Services for users on our Site, including various communication tools, message boards, shopping services, and search services (the “Services”). You are solely responsible for providing, at your own expense, all equipment necessary to use the Services and your own Internet access (including payment of telephone service fees associated with such access).
B. Eligibility. To use or access our Services you must be able to form legally binding contracts. By registering for an account or using the Site, you warrant and represent that you are at least eighteen (18) years of age and are of the age of legal majority in your state or country of residence, if older than eighteen (18) years of age. You agree not to use the Site if you are temporarily or indefinitely suspended from using the Site or Services. Further, your account is personal to you and shall not be used by any other person or entity.
C. Mobile Devices. We currently provide our mobile services for free. However, please be advised that your carrier’s normal rates and fees will still apply. Auction Armory, LLC and its Affiliates may collect additional information when you utilize any of our mobile applications, including the type of mobile device you use, the temporary or persistent unique device identifiers, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use our mobile applications.
D. No Guarantee. Although we work hard to provide quality Services, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or Services available on this Site.
E. Temporary Interruptions. You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Services. You agree that the Services available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
III. Transactions on the Site
A. Fees. We charge an 3.98% transaction fee per item(s) sold though our cart.
B. Firearms. Buyers and sellers are responsible for coordinating payment arrangements for all firearm transactions.
C. Credit cards. The site uses Paypal to process credit card payments. Seller is responsible for all paypal fee(s).
D. Only a Venue. AuctionArmory.com is an internet auction listing service for firearms, ammunition, parts, and accessories (“Items”). The Site is an advertising venue for third party sellers to list and sell Items by means of an electronic bidding format. We are not auctioneers. We do not sell or possess any of the Items listed on the Site. We are not involved in the transaction between the buyer and the seller. The contract for sale is directly between the seller and the buyer. We make no representation and do not warrant that:
1. The persons using the Site are of legal age and capacity to enter into contracts.
2. The persons using the Site are not misrepresenting their identity, location, or authority to enter contracts.
3. A seller listing an Item on the Site is able to or will complete the sale of the Item or deliver the Item to the buyer.
4. That a buyer bidding on an Item is able to or will complete the purchase of an Item from a seller.
5. A seller has truthfully and accurately described an Item listed on the Site.
6. An Item listed for sale on the Site exists.
7. An Item listed for sale on the Site is safe, of a certain quality, does not infringe on the intellectual property rights of a third-party, free from liens, encumbrances or contractual claims attributable to seller, or that an Item may be legally sold by the seller.
8. The sale and transfer of an Item complies with any or all applicable legal requirements for the sale, transfer and transport of that Item, including but not limited to statutes, regulations or requirements of any country, state, locality, province, municipality or other government authority or regulatory entity regarding sales or auctions, the sale and/or transfer of any Item (including firearms, ammunition, black powder or any other Item), export or import control, taxation, duties or tariffs, presence or licensing of brokers (“Legal Requirements”).
D. Buyers and Sellers.
1. Buyer’s Responsibilities. Placing a bid on an Item creates a binding legal contract with the seller to purchase the Item, if your bid is the winning bid. These Terms, the Site Rules and the terms in the listing shall govern the purchase of the Item. Payment for Items purchased on the Site shall be remitted directly to the seller. We do not accept payment, in any form, for the Items bid on by buyers. You agree that you will not bid on any Item unless the transfer and transport of the Item to you can be done in accordance with all Legal Requirements. You represent and warrant that you are bidding on all Items for your individual benefit and not for the benefit of any third party.
2. Seller’s Responsibilities.
a) Listing an Item on the Site creates a binding legal contract with the buyer to sell the Item, if buyer’s bid is the winning bid. These Terms, the Site Rules and the terms in the listing shall govern the sale of the Item. You agree to complete the sale of all listed Items on such terms.
b) You represent and warrant that you have the legal right to sell the Items you list and the sale of your Items on the Site will not:
(1) be fraudulent or involve the sale of stolen or counterfeit items;
(2) shall not infringe any parties’ intellectual property rights, proprietary rights, or rights of publicity or privacy; or
(3) violate any Legal Requirement (including Legal Requirements governing consumer protection, false advertising, export or import control, or unfair competition).
3. Legality of Purchase and Shipment. If you sell or purchase firearms on the Site, you agree to comply with all applicable Legal Requirements governing the specific requirements for transfer and shipping of firearms, including without limitation those found in the Site Rules (which shall apply regardless of any contrary information contained in a seller’s listing). You covenant and agree that:
a) you will comply with all applicable Legal Requirements (as defined above) in listing, selling, purchasing, transferring and shipping Items;
b) you shall be solely responsible for compliance with all applicable export or import controls with respect to these transactions with respect to Items purchased or sold by you;
c) you shall comply with all Legal Requirements regarding the reporting, collection, withholding and payment of all taxes and duties applicable to the sale, export and transport of each Item;
d) you shall not engage in bid rigging or sale price manipulation of any kind on any Item; and
e) you shall comply with the following required terms of sale on the Site:
(1) Firearms must be shipped only to a Federal Firearms License (FFL) holder. “Firearms” and “Ammunition” shall have the meanings given in the Gun Control Act of 1968, 18 U.S.C. 44 § 921.
(2) Buyer must transmit a copy of his/her (or his/her transfer dealer’s) license to the seller before the Item can be shipped.
(3) Buyer must make arrangements with a FFL holder before placing a bid.
(4) Items may not be sold or shipped contrary to state and local Legal Requirements. State and local requirements may vary considerably. It is your responsibility to be knowledgeable and comply with all Legal Requirements.
4. United States Requirements. If you or the Items you are bidding upon are located within the United States or owned by persons located within the United States, you further warrant that you are familiar with the United States laws and regulations governing export controls, sanctions and embargoes. You additionally agree that: (i) you are not a national of or located in any country embargoed by the United States, and (ii) you are not on the Excluded Parties List System, the Specially Designated Nationals List, or the Denied Persons List, and you are not listed on any other lists maintained by the United States federal government which prohibits or restricts participating in commercial or other transactions, and you are not using or accessing the Site on behalf of a party who is on any such lists.
5. Taxation. You agree that Auction Armory, LLC is not responsibility for the reporting, payment, collection and remittance of any sales/use tax, VAT tax, transaction tax, transfer tax or any other fee or tax that may be assessed on any sale or transaction conducted through the Site by any jurisdiction having taxing authority over the sale or transaction. You agree that you are responsible for, and will indemnify us against, any liability for any sales/use, VAT or similar transaction tax that is or may be assessed by any jurisdiction with respect to the fees charged to sellers by us. You agree to defend, indemnify and hold us harmless from and against any and all liabilities, damages and costs that may result from inadequate reporting, payment, collection or remittance by you of any taxes relating to transactions conducted on the Site, except taxes imposed on or measured by our income or net worth.
6. Release. You acknowledge and agree that we do not take title to or possession of any Item being sold on the Site, and we are not a principal in the transactions on the Site, nor are we your agent or an agent of any seller or other buyer. Because we are not and cannot be involved in dealings between users of the Site, in the event that you have a dispute with another user (whether a buyer or seller), you hereby release us and our Affiliates from and against any and all claims, demands and damages (actual, special, incidental and consequential, and including attorneys’ fees) 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. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
7. Transfer of Title From Seller to Buyer. We do not transfer legal ownership of Items from the seller to the buyer. Nothing in these Terms shall modify the governing provisions of Florida’s Uniform Commercial Code, under which legal ownership of an Item is transferred upon physical delivery of the Item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the Item’s lawful owner upon physical receipt of the Item from the seller, in accordance with governing law cited above.
IV. Site Conduct, Posting Policies & Third Party Websites
A. User-Created Content Guidelines: Your use of the Site, and our Services, are subject to all applicable laws and regulations, and you are solely responsible for any comments or posts you leave on the Site. By posting information on the Site, or by otherwise using any communications service, message board, newsgroup, or other interactive service available on the Site, you agree that you will not post comments, messages, links, code or other information that:
1. is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;
2. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
3. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
4. consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
5. contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
6. breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Site, or attempts to gain access to other network or server via your account on this Site; or
7. impersonates any person or entity, including any of our employees or representatives.
B. No Endorsement. Company neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Site. Although we do not pre-screen, police or monitor comments posted on the Site, we and our agents reserve the right to remove any and all postings that we believe do not comply with these Terms and any other rules of user conduct for our Site, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.
C. Third-Party Sites and Information. This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied.
D. Promotions. From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
E. Site Rules. Your use of the Site is conditioned upon your consent and compliance with the Site Rules, which are incorporated by reference into these Terms.
V. Company Intellectual Property
A. Content. For purposes of these Terms, “content” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Site and is owned by Company or its Affiliates.
B. Ownership of Content. By accepting these Terms, you agree that all content presented to you on this Site is protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of Company or its Affiliates.
C. Company Intellectual Property. The following are registered trademarks, trademarks or service marks of Auction Armory, LLC or its Affiliates: “AuctionArmory.com”, “Auction Armory”, the AuctionArmory.com logo and other Auction Armory names and logos and all related product or service names, design marks and slogans used on the Site. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Auction Armory, LLC or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of Auction Armory, LLC or its Affiliates.
D. Limitations on Use of Content. Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from this Site in any form or by any means whatsoever without prior written permission from us. Any unauthorized use of Site content violates our intellectual property interests and could result in criminal or civil penalties.
E. No warranty for Third-Party Infringement. Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.
VI. Content You Create
We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing Company or User Content through our Designated Agent, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c). We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.
If you believe that you or someone else’s copyright has been infringed by Company or User Content provided on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to our Designated Agent immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:
1. Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
2. Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders’ work(s) (for example, file name or URL of the page(s) that contain(s) the material);
3. The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);
4. A statement that the Rights Holder has a good faith belief that the use of the material identified above in 2 is not authorized by the copyright owner, its agent, or the law;
5. A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
6. The Rights Holder’s electronic signature.
Notice may be sent to:
By Mail: DMCA Designated Agent
Auction Armory, LLC
2875 S. Orange Avenue Suite 500-2715
Orlando, FL 32806
By e-mail: [email protected]
B. Counter-Notification. If material that you have posted to our Site has been taken down, you may file a counter-notification that contains the following details:
1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
2. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
3. Your name, address and telephone number;
4. A statement that you consent to the jurisdiction of federal district court in the U.S. District Court Middle District of Florida, and that you will accept service of process from the person who provided notification in compliance with section 512 (c)(1)(C) of the DMCA, or an agent of such person; and
5. Your physical or electronic signature.
Notice may be sent to:
By Mail: DMCA Designated Agent
Auction Armory, LLC
2875 S. Orange Avenue Suite 500-2715
Orlando, FL 32806
By e-mail: [email protected]
You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our Site without liability to you or any other party.
VII. Email Services & Data Stored on Our Servers
B. Spam Prevention. We use automated tools or techniques to protect our users from mass unsolicited mailings (also known as “spam”) and/or other types of malicious or harmful content. However, such tools or techniques are not perfect, and we therefore are not responsible in cases where legitimate communications are accidentally blocked, or unsolicited communications get through to your Company supplied email account.
C. Storage Provided by Us. If you opt to store personal data of any kind on our servers, you understand and agree to abide by our general practices and limits concerning use of the Services available on our Site, including without limitation the maximum number of days that uploaded content will be retained, the maximum disk space that will be allotted, and the maximum number of times you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Site. You acknowledge that we reserve the right to remove or terminate accounts that remain inactive for one (1) year, or in cases where you have violated one or more of these Terms.
VIII. Privacy & Security
A. Login Required. In order to access some of the Services on this Site, or to post User Content, you may be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
B. Passwords & Security. If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities occurring under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Your right to use the Site is personal to you. You may not sub-license, transfer, sell or assign your right to access or use the Site to any third party without prior our written approval. Any attempt to do so will be null and void and shall be considered a material breach of these Terms.
ALL CONTENT AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, SERVICES OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SERVICES OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR SERVICES OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND SERVICES AT THIS SITE AT ANY TIME WITHOUT NOTICE. THE CONTENT AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT.
THE USE OF THE SERVICES OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Site, you may have the opportunities to engage in commercial transactions with other users. You acknowledge that all transactions relating to any Items provided by any third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees relating to such transactions, are agreed to solely between the seller of such Item and you.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE SITE, INCLUDING ANY SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, THE ADDITION OF FREE OR FEE-BASED SERVICES OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, FILE SIZES OR FILE TYPES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES ON THIS SITE SHALL ALSO BE SUBJECT TO THESE TERMS.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
X. Limitation of Liability & Indemnification
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR SERVICES OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
XI. Termination of Use
A. Grounds for Termination. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms or the Site Rules. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary. In the event that your account is closed and terminated, it will be marked inactive in our system, but we cannot delete your user information or transaction history.
B. No Right to Services Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Services available on this Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1 and 3-11 of these Terms, as well as your liability for any unpaid fees, shall survive any termination.
XII. Miscellaneous Provisions
A. International Use. Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States. Those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Service, and/or information made in connection with this Site is void where prohibited.
B. No Third-Party Beneficiaries. There are no third-party beneficiaries to these Terms.
C. Governing Law. This Site (excluding any third-party websites) is controlled by us from our offices in Orlando, and the statutes and laws of the State of Florida shall be controlling, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Circuit Court of the Ninth Judicial Circuit of Florida or the U.S. District Court for the Middle District of Florida with respect to such matters controlled by that court.
D. Exclusion of Class Actions. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND AUCTION ARMORY, LLC AGREE THAT (A) EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, (B) WE BOTH HEREBY WAIVE ANY RIGHT TO BRING CLAIMS AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (C) UNLESS BOTH YOU AND AUCTION ARMORY, LLC AGREE TO THE CONTRARY, MORE THAN ONE PARTY’S CLAIMS MAY NOT BE CONSOLIDATED OR JOINED BY THE APPLICABLE COURT, AND (D) ANY RELIEF AWARDED TO YOU CANNOT AFFECT OTHER USERS, AND VICE VERSA.
E. Notices. All notices to a party shall be in writing and shall be made via email. Notices to us must be sent to the attention of Support at [email protected] You agree to allow us to submit notices to you either through the email address provided, or to the address we have on record. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by U.S. mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.
F. No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site or Services provided through this Site, beyond the limited rights granted to you under Section 5 of these Terms.
G. Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and Services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
H. Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
I. No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
J. No Right of Survivorship and Non-Transferability. You agree that your account is non-transferable and any rights to your account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
K. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose (or if multiple causes, from the date the first such cause arose) or be forever barred. If you bring an action in an improper forum or outside of the time limit in violation of this Section, we shall be entitled to recover reasonable attorney’s fees in responding to such action.
L. Headings. The section titles are for convenience only and have no legal or contractual effect.
M. Entire Agreement. These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.
N. Execution of Agreement. Your continued use of the Site constitutes your acceptance of these Terms as a legal contract and the equivalent of an electronic signature. Natural persons executing this contract warrant and represent that they are at least eighteen (18) years of age or the age of majority in their jurisdiction. Users and the person executing this agreement on behalf of any user that is a proprietorship, corporation, partnership or other entity, represent that such Person is duly authorized by pall necessary and appropriate corporate or other action to execute this contract on behalf of the user.
Please report any violations of these Terms to Customer Support at 407-753-2200