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AllGunTalk.com® Terms & Conditions of Service
For the purpose of these terms and conditions, the following terms shall be defined.
– Introduction –
This agreement is in effect as of Aug 27, 2014.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
In this Agreement, “you,” “User” or “Account Holder” means the following:
Please note that this Agreement and the Site Rules declare how claims between AGT and the User are resolved. Under this Agreement, a User will not be able to proceed against AGT through a class or representative action. A User will only be able to pursue claims or seek relief against AGT on an individual basis.
The AllGunTalk.com® Terms and Conditions of Service constitute the complete, final and exclusive contractual agreement between the Account Holder and AGT. The AllGunTalk.com® Terms and Conditions of Service govern the obligitory relationship between AllGunTalk.com, Inc. and the Account Holder. The AllGunTalk.com® Terms and Conditions of Service supersede and merge all prior agreements, representations and understandings between the Account Holder and AGT. By opening an AGT Account, registering, logging-in, using the Services, participating in the forum, or participating in an auction, a visitor or an Account Holder fully understands and agrees to the following:
AllGunTalk.com, Inc. defines a business day as Monday through Friday, 9:00 a.m. to 5:00 p.m. CST with the exception of United States National Holidays.
– Responsible Use and Conduct –
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
All initial User registrations are for “Bidder” and ”Seller” status. The Account Holder will have the option to upgrade to an AllGunTalk.com® Storefront Merchant at a later time.
I. Information Eligibility and Accuracy:
At the point when registering an account for use of the Site, you profess that you are no less than 18 years old. Moreover, you guarantee you are of the age of legal majority in your state or nation of habitation, if older than 18. If you are registering your Company, you profess that you have reported corporate power to structure unalterable contracts under suitable law for your Company each time the Site is utilized by you. You concur that you will not permit others to utilize your account, nor will you utilize your account or the Site on an outsourcing premise or on behalf of third parties. Moreover, you concur not to utilize the Site in the event that you are temporarily or permanently banned from the Site.
II. Site Procedures:
In addition to the terms and conditions set forth in this Agreement, your use of the Site is based upon your adherence to specific procedures that govern purchasing and selling on the Site, password upkeep, postings and overall conduct on the Site, as well as various other matters. These procedures, the larger part of which are accessible here however might additionally be located elsewhere as relevant on the Site (the "Site Procedures"), are therefore joined into this Agreement in their entirety.
III. Agreement Changes:
IV. User Postings:
In order to post Items for sale on the Site (each such item, a “Listing”), Sellers are given the tools and directions to do so. Additionally, Account Holders may communicate with other Users on the Site or create entries using text, graphics, pictures and other content on the Site (any such material, “Postings”). AGT has the authority, but is not obliged, to track, modify, deny to post, or delete any Posting or Listing on the Site, if deemed necessary. Despite this authority, AGT will not be held liable for the content of Listings or Postings posted by its Account Holders. Post and Listing monitoring by AGT is not intended to verify the accuracy of the information contained within such Post or Listing. Therefore you should not consider it to be reliable for any purpose whatsoever.
V. Information Accuracy:
You claim and guarantee that all the information you give AGT, such as your name, address and other associated account information (“User Information”), as well as any other information that is conveyed to other Site Users, be it in a Listing or a Posting, is truthful, factual, current and not deceptive. The truth or accuracy of any item Listings (auction or classified) is the sole responsibility of the Account Holder, with regard to quality, safety, or legality.
VI. Personal Information:
As an AllGunTalk.com® User, you must maintain personally identifiable information (“PII” or “personal information”) on the Site at all times, which includes, but is not limited to, the following:
– a valid, working email address
– phone number
– valid credit card
This information WILL NOT be provided to any third parties or any parties involved in transactions. AGT may disable a User’s account and/or remove any such User’s current auctions or bids for failure to maintain updated personal information on the Site.
VII. User Privacy:
VIII. Third Party Hyperlinks:
IX. Recourse for Inappropriate Actions:
AGT may modify or remove any Auction that it considers to unlawful or in violation of the Agreement. Furthermore, any auction that AGT finds offensive, inappropriate, or fraudulent will be subject to modification or removal.
ALL LITIGATION, MEDIATION OR DISPUTES WILL BE TRIED SETTLED OR MEDIATED IN AND ACCORDING TO THE LAWS OF THE STATE OF ALABAMA.
AllGunTalk.com® Account Holders should conduct transactions and enjoy AGT services in a professional, polite, courteous, and business-like manner. Failure to do so will result in a Ban or Termination. AGT may immediately Ban or Terminate any Account Holder who interferes with another Account Holder's Auctions or otherwise peaceful enjoyment of AllGunTalk.com® services. Furthermore, any Account Holder who uses threatening or offensive language during their use of the Site will be subject to account termination.
IF IT IS DETERMINED NECESSARY BY AGT THAT A USER IS TO BE BANNED INDEFINITELY AND/OR TERMINATED, A $65.00 ADMINISTRATIVE FEE WILL BE ASSESSED ON SUCH USER’S CARD THAT IS ON FILE.
ACTIONS THAT WILL RESULT IN AN INDEFINITE BAN AND/OR TERMINATION MAY INCLUDE, BUT ARE NOT LIMITED TO THE FOLLOWING:
– DEAD BEATING AN AUCTION
– CAUSING DISRUPTION ON THE FORUMS AND/OR AUCTION
– SHILL BIDDING
– SIGNING UP UNDER MORE THAN ONE USER NAME
– ANY BEHAVIOR BEYOND THE ALLGUNTALK.COM® COMMUNITY STANDARDS
TROLLS, DEAD BEATS, AND ANY ONE CAUSING PROBLEMS OR MISUSING SERVICES WILL NOT BE TOLERATED AT ALLGUNTALK.COM®.
UPON BREACH OF THIS AGREEMENT OR IF AGT IS UNABLE TO VERIFY OR CONFIRM ANY INFORMATION PROVIDED BY A USER, AGT MAY BAN OR TERMINATE SUCH USER’S ACCOUNT, AS WELL AS ANY CURRENT AUCTIONS OR BIDS ASSOCIATED IMMEDIATELY.
Feedback is an important tool for Users. Users will be able to list their feedback from any other auction based website on the Internet. This information may be found under such User’s profile. AGT WILL NOT REMOVE NEGATIVE OR NEUTRAL FEEDBACK FOR ANY USER UNLESS AN APPEAL FOR SUCH ACTION IS MADE IN WRITING WITHIN 30 DAYS OF SAID FEEDBACK. EVIDENCE FOR THE UNWARRANTED NEGATIVE OR NEUTRAL FEEDBACK MUST BE PROVIDED BY THE USER MAKING THE APPEAL.
Some reasons negative feedback may be removed include, but are not limited to, the following:
– false claim against another User
– personal vendetta
– Site Based Transactions –
I. Service Fees:
As a registered User, you agree to pay the fees associated with services offered by AllGunTalk.com®, and you understand and agree that ALL FEES PAID TO ALLGUNTALK.COM, INC. ARE NON-NEGOTIABLE AND NON-REFUNDABLE. All associated service fees are available for viewing in list form on our Fees page, which is comprehensively included in these terms and conditions of service. You hereby agree that:
– Returned checks are subject to a $35.00 returned check fee.
– Payment terms are net 15, and a late penalty of 1.5% per month or the highest amount allowed by applicable law, whichever is less, will be applied to all overdue balances subject to a minimum charge of $0.50.
– AllGunTalk.com® retains the authority to require ACH, a deposit, or other form of premium assurance for accounts that are habitually past due, are past due more than 90 days, or for any other reason we deem necessary.
II. Credit Cards and ACH Direct Payments:
By associating a credit card or ACH direct payment account on file with AllGunTalk.com® you authorize AGT to charge your card for any fees you accrue as a result of using the Site. A User’s account may be subject to certain fees in order that AllGunTalk.com® will recompensed for such fees as governed by the Buyer’s Protection Policy. You authorize us to consolidate balances from any duplicate accounts you may have created on our Site and bill them to your credit card or ACH direct payment account. You may revoke your authorization by sending us a written request to AllGunTalk.com, Inc., P.O. Box 130 Thorsby, AL 35171. We may continue to bill your credit card or direct payment account for any fees for any services rendered or actions by you or by us taken prior to the receipt of your written revocation. Our billings may appear under the name “AllGunTalk.com, Inc.” or “AllGunTalk.com®.”
BY USING A CREDIT CARD YOU HEREBY UNCONDITIONALLY WAIVE ANY AND ALL CHARGEBACK RIGHTS YOU MAY HAVE. Please contact us as specified in the Notices section below if you have an inquiry regarding a transaction on your credit card. If you intentionally or accidentally issue a chargeback to your credit card, your account will be disabled and/or terminated. Moreover, you agree to pay a $65.00 procedural and acquisition fee. In the event of an accidental chargeback, you may contact AGT staff IN WRITING (not email) or by telephone (844-424-8255) within 30 days of the incident to appeal our decision. AGT will notify you electronically of our decision to have the account reinstated or not.
III. Overdue Accounts:
AGT retains the authority to nullify, suspend and/or terminate an Account Holder’s listings (auction or classified) and may disable and delete the User’s account in the event that the User’s account balance is overdue. AGT retains the authority to notify credit agencies of an Account Holder’s transaction history, as well as nullify marketing specials, including complimentary or discounted listings if that User’s account balance is overdue by 30 days or greater. Any User Account with an overdue balance will be subject to a late penalty of 1.5% per month or the highest amount allowed by applicable law, whichever is less. AGT may relinquish a User’s overdue account balance to a collection agency in the event that the User fails to remit payment for the overdue account balance. Furthermore, AGT retains the authority to seek out civil and criminal prosecution to the fullest extent of applicable law. Any expense incurred by AGT, in relation to a User’s overdue account, will be requited by the offending party. This includes, but is not limited to, collection agency fees, court costs and prosecution fees.
IV. Business Description:
By registering for an account on AllGunTalk.com®, you concur and accept that we are not a standard auction house. AGT is an Internet marketplace where registered Account Holders may coordinate transactions to buy and sell firearms, as well as other related items. Transactions for firearms take place between AGT Users ONLY. AllGunTalk.com, Inc. is not involved in any firearms transactions whatsoever. AllGunTalk.com® is merely a venue for advertising the sale of firearms, accessories and related items (“Items”) through an electronic bidding or classified advertising format. AllGunTalk.com® gives no depiction, as well as no guarantee, that:
– a User will conduct activity on the Site in a professional and courteous manner, which may include, but is not limited to, general use of the AGT auction and discussion forum, forms of communication between Users (auction messaging, private messages, etc.), accuracy of information, and/or types of communication made with other Users.
– a User is utilizing our site without risk of data loss caused by errors in technology, User errors, or Internet service provider.
– any individual using the Site is being truthful about a claimed identity, jurisdiction, and legal capacity to enter into contracts.
– a Seller has the ability and/or willingness to finalize the sale of or provide shipment of an auction or classified item to a Buyer.
– a Buyer who bids on an auction item or inquires about a classified item has the ability and/or willingness to finalize the purchase of such Item from the Seller.
– a Seller’s description of an auction or classified item in a listing is truthful and accurate.
– a Seller’s featured item that is for sale in an auction or classified listing is in existence, or is (a) harmless, (b) of any distinct standard or condition, (c) not violating or infringing upon any person or entity’s intellectual property rights, (d) able to be legally sold by the Seller, or (e) free from claims of ownership, such as a lien, encumbrance or any other type of contractual claim associated to the Seller.
– a Seller will adhere to the appropriate legal issues for the sale and transfer of any particular Item when the sale or transfer of an item occurs. Such legalities may include, but are not limited to, regulations, enactments, bylaws or resolutions of any country, state, district, province, municipality or other governmental power or administrative element concerning sales or auctions, the transference of ownership and/or sale of any Items including, but not limited to, firearms, ammunition, black powder or any item considered a firearm accessory, export or import control, taxation, duties or tariffs, presence or licensing of brokers (the aforementioned, “Legal Requirements”).
Monetary transactions for firearms take place between Users ONLY. AGT is never involved in a monetary transaction between Users of the auctions, classifieds, or third-party vendors. AGT is not responsible for any transactions or activity between Users. IF A DEADBEAT BUYER IS INVOLVED IN A TRANSACTION, THE SELLER’S FEES WILL BE EXTRACTED FROM THE CREDIT CARD THE NON PAYING BIDDER HAS ON FILE TO COVER THE SELLER’S COST OF LISTING SUCH AUCTION. The seller will be given credit in the amount of the seller’s listing fees for such auction, and a $10.00 administrative fee will be assessed. A Buyer and Seller must come to an agreement regarding changes to payments and terms that are not mentioned in the auction or storefront ad. The Users must keep recorded documentation (writing or email) of any agreements and make any agreements available to AGT for review. Any activity initiated on AGT must be recorded in writing and made available to AGT at any time. All fees and bid prices are quoted in U.S. Dollars, unless stated otherwise.
Users must be individuals who can form legally binding contracts under applicable law. A minor or anyone under the age of 18 is not allowed to become a registered User without parental consent. Registered User’s under the age of 21 are not allowed to make handgun purchases as mandated by federal law of the United States. A User must be a legal resident of the 50 United States or its territories. Transactions must take place between Users located in the 50 United States and its territories. Sellers must not ship firearms to any geographical location outside the 50 United States and its territories. We will report any illegal activity and will cooperate and provide the appropriate law enforcement agency with any information pertaining to the incident that may be pertinent to enforcing the duly passed laws of these United States. If an auction is cancelled by AGT for failure to oblige by the agreement, other active Users bidding on said auction are released from obligations regarding the cancelled auction. However, a User who is selling an item, but whose account has been disabled, must complete any pending transactions.
III. Purchase and Shipment Legalities:
As a Seller or Buyer of firearms on the Site, you consent to adhere to all Legal Requirements associated with governing the specific requirements for transfer and shipment of firearms, including those found in the AllGunTalk.com® Terms and Conditions of Service (which shall apply regardless of any contradictory information that may be contained in a Seller’s Listing). You agree and undertake that: (a) you will abide by all associated Legal Requirements (as defined above) in the listing, selling, purchasing, transferring and shipment of Items; (b) you will be solely accountable for adhering to all associated export or import controls regarding any transactions of Items purchased or sold by you, (c) you will adhere to all Legal Requirements pertaining to the reporting, collection, withholding and payment of all taxes and obligations associated with the sale, export and transport of each Item; (d) you will not engage in Shill Bidding (as defined above) or sale price distortion of any type of Item; and (e) you will adhere to the following required terms of sale on the Site:
– In the U.S., Firearms (as defined below) must be shipped only to a Federal Firearms License (FFL) holder. Before the Item can be shipped, the Buyer must provide the Seller with a copy of his/her (or his/her transfer dealer’s) license. A potential Buyer must make arrangements with a Transfer Dealer before placing a bid. For the purpose of this Agreement, “Firearms” and “Ammunition” will have equal meanings as defined in the Gun Control Act of 1968, 18 U.S.C. §§ 101 et seq.
– Items may not be sold or shipped in conflict with state and local Legal Requirements, which may considerably differ (e.g. Items such as Ammunition or knives may require government-issued proof of age before they can be shipped to certain states, and in some states, certain types of knives or Ammunition may be restricted for the sale or shipment, period)
AGT expects all Users of the Site to abide by all federal, state, and local laws ("Law") governing the offering, transfer, ownership and sale of firearms, ammunition and other items. AllGunTalk.com® Account Holders are responsible for knowing and abiding by laws applicable to any activity or transaction. Account Holders should use AllGunTalk.com® legally and consistent with the standards of good citizenship. In the event that a User is suspected of breaking any applicable laws at any time, AllGunTalk.com® will terminate the account of such User, remove any active listings posted by such User, and notify the proper authorities. AllGunTalk.com, Inc. will cooperate with law enforcement in the prosecution of any individual suspected of violating firearms law.
IV. United States Regulations:
If you or the Items on which you bid are located inside the United States or claimed by persons located inside the United States, you furthermore warrant that you are acquainted with the United States statutes and regulations representing the control of exports, sanctions and embargoes, and you also concur that: (i) you are not a national of or located in any nation under an embargo of 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 recorded on another records maintained by the United States federal government which forbids or prohibits partaking in business or varying transactions, and You are not utilizing or accessing the Site for the benefit of a group or individual of whom any such records are kept.
V. Levying of Taxes:
You concur that AllGunTalk.com, Inc. bears no obligation regarding the reporting, payment, collection and remittance of any sales/utilization tax, VAT tax, transaction tax, transfer tax or any other tax or remuneration that may be assessed on any sale or transaction administered through the Site by any locale having taxing authority over the sale or transaction. You concur that you are accountable for, and will guarantee against, any obligation for any sales/utilization, VAT or comparable transaction tax that is or may be assessed by any locale concerning the fee charged to Sellers by us. You consent to protect, guarantee and hold us harmless from and against any liabilities, damages and expenses that may occur as a result of insufficient reporting, payment, remittance or collection by you of any taxes associated with transactions administered on the Site, with the exception of taxes forced on or measured by our pay or total assets
VI. Release of Ownership:
You recognize and concur that we do not take title to or ownership of any Item being sold on the Site with exception to items found in the Site Store, and we are not a primary in the transactions of firearms on the Site, nor are we your executor or an operator of any merchant or other Buyer. Since we are not and can't be included in dealings between clients of the Site, in the event there is a difference of opinion between a Buyer and Seller, you thus release us, our directors, officers, employees and operators from and against all claims, demands and damages (genuine, coincidental, accidental and ensuing, and including attorneys' fees) of each kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, emerging out of or in any capacity joined with such debate. In the event that you are a California resident, you waive California Civil Code §1542, which states: "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."
VII. No Sales or Title Transfers by AGT:
We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of [Alabama Revised Statutes § 104.2401(2) and Uniform Commercial Code § 2-401(2)], 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 [Alabama Revised Statutes § 104.2401(2) and Uniform Commercial Code § 2-401(2)].
VIII. Claim Assignment:
In the event that you are reimbursed under our Buyer’s Protection Program, you thusly permanently appoint and exchange to Allguntalk.com, Inc. all cases and privileges of activity (whether at law or in value, under this Agreement or generally) against the merchant of the Item for which you got payment under the Buyer's Protection Program, in relationship with the purchase of the Item for which you got recompense.
IX. Use of Technology:
Users must remove/modify email filters to receive emails from AGT and other Users. AGT may disable a User’s account because of any interference or interruption of email communications between the Site and Users by spam filters or any other issue regarding email communication. Users are prohibited from data mining using any type of technology or software for extracting User information from AGT for advertising, spamming or any other reason. AGT reserves the right to determine whether a User is data mining.
As a registered User, you agree that AGT reserves the right to:
– refuse service to anyone at any time for any reason.
– immediately terminate any User in violation of any applicable federal, state, or local laws.
– expel any user it deems necessary and appropriate.
– Buyers –
A Buyer is the highest bidder with a bid that passes the Seller’s reserve in a Reserve Style Auction, the highest bidder in a Basic Style Auction, a winning bidder in a Dutch Style Auction, the bidder that uses the Buy-it-Now feature, OR the bidder who negotiates a price successfully with a Seller.
II. Buyer Responsibilities:
When You place a bid, you constitute entering into a legally binding contract with the Seller to purchase the Item as governed by the AllGunTalk.com® Terms and Conditions of Service, in the Listing, if your bid is the winning bid. You agree to complete the purchase of the Item on such terms. All payments for Items purchased on the Site shall be remitted to the seller (AGT does not accept payment in any form for Items bid on by buyers). You agree that you will not bid on any Item unless the transfer and shipment of that Item to you can be done in agreement with all Legal Requirements. You declare and guarantee that all Items bid on by you are done so only for your own account and not for the benefit of any third party.
Any transactions, such as bids placed on Auctions or orders for items in Storefront Ads, are final. No bids or orders may be retracted. AGT may retract a bid or order if we determine that the Seller or Bidder is acting fraudulently and/or attempting to disrupt or interfere with valid Auctions or Ads. If we determine it to be an honest mistake, (e.g., bid is $500.00 and, bidder "accidentally" bids $5000.00), AGT and the Seller must be notified at once. Failure to do so will result in the bidder receiving a negative feedback, as well as charges for any fees associated with re-listing the item in question. AGT must be notified electronically (email) within three (3) business days of the incident.
A Buyer is required to respond the Seller within three (3) business days. Otherwise, the Buyer forfeits the right to purchase the item and may receive negative feedback. Communication may be done by way of one of the following:
– Auction or Ad message link
– AllGunTalk.com® message
Once the Seller contacts the Buyer with payment instructions, the Buyer must send traceable means of payment within ten (10) business days.
In a transaction involving a firearm, the Buyer is required to provide the Seller with the Buyer’s transferring FFL license within ten (10) business days from the day the Seller provides payment instructions. A comprehensive FFL search has been provided by the NSSF here. The Seller must specify where to send the FFL.
If the Seller does not contact the Buyer within three (3) business days after the auction closes, the Buy-It-Now option is chosen, the price negotiation is completed, or an order from a Storefront Ad is placed. The Buyer is no longer obligated to purchase the item, and the item may be re-listed by the Seller.
In the event of a return due to the mandatory three (3) business day Firearm Inspection Policy, the Buyer must protect, return, and insure the Seller’s item. Insurance must be purchased for the auction value of the item. The three (3) day inspection/return policy does not apply to New In Box firearms with a manufacturer’s warranty.
A Buyer must report any type of damage not previously disclosed within three (3) business days of the receipt of the item. The Seller should initiate a damage claim for any damage in shipping. A Buyer must retain all packaging, boxes, and labels. The Buyer may lose his rights under the three (3) Day Inspection Period and finalize the transaction for failure to retain packing materials or failure to cooperate with an insurance investigation. If the transaction is finalized, any insurance proceeds from a claim should be sent immediately to the Buyer from the Seller. High quality, close up photographs should be taken of all damaged areas, shipping labels, and box and packing materials and forwarded to the seller to support the claim. Failure to retain the original shipping container and all packing materials may void your claim. In such case the insurance claim is resolved and, the proceeds are sent to the seller and the buyer has chosen not to return damaged item to the seller for a refund the seller shall promptly forward the full insurance amount to the buyer within three (3) days of acquiring the funds. If the shipper requires possession of the damaged item it shall be returned in the timeframe the shipper specifies or the claim may be denied.
A Buyer will receive a warning if his/her first and only feedback is negative. A Buyer will be Banned indefinitely if he or she receives two (2) negative feedback scores in two (2) different auctions in fewer than three (3) months or three (3) negative feedback scores in three (3) different auctions in one (1) year for failure to complete the purchase of an item from a winning bid.
ANY WINNING BIDDER THAT DOES NOT CONTACT THE SELLER WITHIN THREE (3) BUSINESS DAYS OR PAY FOR AN ITEM, WILL BE SUBJECT TO A CHARGE TO PAY FOR THE SELLER’S RELIST CREDIT IN FULL. YOU WILL HAVE THREE (3) BUSINESS DAYS TO EXPLAIN YOUR REASON FOR NON-PAYMENT BY CONTACTING THE SELLER AND AGT. IF NOT SATISFACTORY TO ALL INVOLVED AND PROOF PROVIDED, THE CHARGES WILL APPLY. THIS WILL BE TOLERATED ONLY TWO (2) TIMES IN ONE (1) CALENDAR YEAR. IF IT HAPPENS A THIRD TIME, YOU WILL BE TERMINATED FROM AGT, AND YOUR ACCOUNT WILL BE DELETED. IF FOR ANY REASON AGT FINDS IT NECESSARY TO REMOVE YOU FROM THE SITE FOR NON-PAYMENT ON A LEGITIMATE AUCTION, CAUSING DISRUPTION ON THE FORUMS OR AUCTION SITE, SHILL BIDDING, BEING A TROLL, SIGNING UP UNDER MORE THAN ONE USER NAME, OR ANY DISRUPTIVE AND MALICIOUS ACTIVITY, YOUR CREDIT CARD ON FILE WILL BE CHARGED $65.00 FOR ADMINISTRATIVE COSTS OF TERMINATING YOUR MEMBERSHIP INDEFINITELY. TROLLS, DEAD BEATS, AND, ANYONE CAUSING PROBLEMS, WILL NOT BE TOLERATED AT AGT.
A Seller is any User who offers items for sale through any of the provided services available the Site.
The Auction Seller is a User who offers Auctions for an item that shall be in stock before the auction is created.
II. Seller Responsibilities:
The Seller must describe items that will are auctioned or sold through Ads in detail. Descriptions must be accurate and include the condition of item(s), any wear, or any damage if applicable.
When a User posts any pictures, graphics, or electronic images to an auction or ad, that User grants AGT a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use that content however it deems appropriate. This license will end when the User deletes the content or account.
When content is deleted, it is done so in a manner that is similar to emptying the trash or recycle bin on a computer. Deleted content may persist as a backup copy on the AGT server for a period of time until it is overwritten by other data. However, it will not be available for others to view.
Any pictures on an auction should show the actual item and any actual items included in the auction NOT pictures of a similar item. Do not include pictures of extra items that are not part of the auction item(s).
Pictures in Storefront Ads should show the actual item or an accurate picture of a similar item from a supplier, wholesaler, drop shipper, manufacturer, or jobber catalog. Extras should not be shown in an ad if they are not included with the item.
Any extra terms of sale, including shipping cost and licensing requirements, that do not contradict the AGT terms and conditions should be disclosed by the Seller.
AGT cannot determine whether any listings on the website are counterfeit items or infringe any trademark. AGT does reserve the right to invalidate a sale, refund fees, and remove feedback for a sale of questionable authenticity. AGT will make any determination for claims of trademark infringement or counterfeit items.
ANY AND ALL LITIGATION, MEDIATION OR DISPUTES WILL BE TRIED SETTLED OR MEDIATED IN AND ACCORDING TO THE LAWS OF THE STATE OF ALABAMA.
III. Seller Exclusivity:
A Seller is obligated by contract to complete the sale of any listed Auction item in the following circumstances:
– The Reserve Prices is met in a Reserve style auction
– Bids are placed in a Basic style auction
A Seller agrees that AGT has exclusive rights to list an item for sale for any Auction item that a Seller lists with AGT during the term of the Auction and for any re-listings or extensions. Any other classified advertisements can be used by a Seller, but parallel listings must be cancelled once a bid is placed on AGT. A Seller that fails to complete a sale may receive negative feedback and banning or termination from AGT.
Spamming is absolutely prohibited by Sellers. Spamming may include multiple auction listings or multiple category listings simultaneously to increase viewing coverage. However, items can be listed in a similar category. Any listing that causes frustration for Buyers and/or uses excessive bandwidth unnecessarily may be considered Spamming.
Sellers MAY NOT list an item in multiple categories for the same item. Sellers may use Dutch Auctions for factory new or quantities of military style guns, where a quantity can be selected by the bidder. One picture may be used for identical items in a Dutch Auction.
AGT will remove Spam auctions without refunding any money used on those auctions. Anyone spamming numerous times will be Banned or Terminated.
No refunds will be issued and all outstanding fees will be due to any Users in the following circumstances:
– Banning or Termination for violation of Terms and Conditions
– Banning or Termination for violation of federal, state, or local laws
– Any kind of fraud
AGT will pursue legal action to claim any refunds or outstanding fees. The Seller’s credit card on file may be charged for any outstanding refunds or fees.
The price of an item may not be manipulated by an Auction Seller by any means such as bidding on their own item, secondary account or third party Shill bidding, or any other form of price manipulation. Violation of this rule may result in litigation, which will be carried out in the state of Alabama and governed by that state’s laws.
A Seller must contact a Buyer within three (3) business days of the auction closing date with payment instructions and address.
The Seller must immediately contact the Buyer via email or billing function after receiving payment for an auction.
Upon receipt of payment (and Buyer’s FFL if applicable), a Seller must ship the item through a traceable means within five (5) business days if the payment is one of the following forms of currency: cash, money order, certified funds, credit card, or online payment service. If a Seller accepts a personal check as payment, the period may be increased until the funds for the personal check are cleared by the bank. A Seller will not ship any products until payment and required FFL is received.
Sellers can validate Federal Firearms Licenses (FFLs) on-line. Curio and Relic Federal Firearms Licenses (C&R FFLs) cannot be validated on-line. A Seller has the sole discretion to accept C & R FFLs for firearms eligible for transfer under these licenses.
Sellers must fully insure all firearms shipments for the sale price. Seller shall be named as the insured party since the Seller remains the legal owner of any used firearm until the end of the mandatory three (3) day inspection period (without proper notice of return), unless an insurance claim has been filed, or if the Buyer fires or disassembles the firearm without the seller’s express written consent. If a Buyer fires or disassembles a firearm without Seller’s express written consent, then the sale is automatically final.
The Seller is responsible for securely packaging and shipping a firearm, and is, therefore, responsible for complying with an insurer’s notification and reporting requirement if necessary. If a Buyer properly notifies a Seller of a shipment damage claim the Seller is responsible for issuing a refund of the purchase price regardless of the outcome of any insurance adjustments. This follows the same procedure used in the three (3) day inspection period.
Any instructions regarding insurance investigations for the Buyer from the insurer should be relayed to the Buyer by the Seller. In the event of an insurance investigation, any time obligations of the Buyer, as well as the item’s return, will be postponed until such insurance investigation has been completed. A Buyer is released from any return obligations if the item is returned to the Seller’s possession after such insurance investigation. The Seller should immediately refund the purchase price to the buyer. If the Buyer still has the item, the Buyer must return the item after the insurance investigation has been completed within the specified time frame of the three (3) business day firearms inspection policy.
When an item ships, the Seller must notify the Buyer and provide a tracking number, as well as an estimated arrival date on all shipments including firearms.
Use of another Seller’s pictures without the express written consent of the image’s owner is grounds for termination from AGT. Storefront Merchants may use pictures from any supplier or legitimate source made available to the storefront Merchant.
A Seller must request a re-list credit within one month of the close of an auction in order for a re-list credit to be received. Any re-list credit requests made after a period of one will be denied.
The AGT website should never be mined for data, including email addresses, to solicit items in competition with a currently running auction. Anyone determined to be unauthorized solicitors may be terminated at the discretion of AGT.
ANY SELLER THAT DOES NOT HONOR THE TERMS AND, CONDITIONS OF THE SALE AND CONTACT THE BUYER WITHIN THE ALLOTTED TIME (THREE (3) BUSINESS DAYS) WITH BILLING INFORMATION FOR BUYER YOU WILL HAVE THREE (3) BUSINESS DAYS TO EXPLAIN YOUR REASON FOR NO CONTACT WITH BUYER AND, AGT.
ANY SELLER WITH A LIVE AUCTION MUST HAVE ITEM IN STOCK AND ACTUAL PICTURES OF THAT ITEM ARE REQUIRED. THE ONLY EXCEPTION WILL BE "STORE" SECTION SELLERS WHO MAKE IT CLEAR THE ITEM IS NOT IN STOCK AND WILL BE ORDERED. STOCK PHOTOS WILL BE ALLOWED IN THE "STORE SECTION ONLY." IF NOT SATISFACTORY TO ALL INVOLVED AND PROOF PROVIDED, THE CHARGES WILL APPLY.
CROSS LISTING ITEMS IS STRICTLY PROHIBITED, AND ITEMS WILL BE REMOVED WHEN FOUND IN CATEGORIES THAT DO NOT APPLY. THIS PRACTICE WILL ONLY BE TOLERATED TWO (2) TIMES IN A CALENDAR YEAR AND WILL RESULT IN A WARNING. AFTER THREE INCIDENTS. IF FOR ANY REASON AGT FINDS IT NECESSARY TO REMOVE YOU FROM OUR SITE FOR DEAD BEATING AN AUCTION, CAUSING DISRUPTION ON THE FORUMS OR AUCTION SITE, SHILL BIDDING, BEING A TROLL, SIGNING UP UNDER MORE THAN ONE USER NAME, AND ANYTHING ELSE WE CONSIDER INTENTIONALLY DISRUPTIVE, YOUR CREDIT CARD WILL BE CHARGED $65.00 FOR ADMINISTRATIVE COSTS OF TERMINATING YOUR MEMBERSHIP. TROLLS, DEAD BEATS, AND ANY OTHER USER DISRUPTING NORMAL USE OF THE SITE BY OTHER USERS, WILL NOT BE TOLERATED.
If a Seller has negative first feedback, that sellers account will be reviewed by AGT staff and may be subject to termination in the following cases:
– A Seller with fewer than twenty (20) feedbacks on the third (3rd) negative feedback report
– A Seller with 20-100 feedbacks on the fifth (5th) negative seller report
– A Seller with more than five percent (5%) total negative seller feedback.
A Seller’s account may be reviewed and may be subject to termination by AGT if such Seller receives negative feedback for failing to deliver an item to a Buyer that has already paid. AGT may suspend selling privileges until the issue is resolved. Accounts that are in question may be disabled without notice.
– Limitation of Warranties –
By using our website, you understand and agree that all Resources we provide are on an "as is" and "as available" premise without representations or guarantees of any kind, express or suggested, including without limitation, non-infringement, title, merchantability or wellness for a specific reason. This means that we do not represent or warrant to you that:
the use of our Resources will meet your needs or requirements.
the use of our Resources will be uninterrupted, timely, secure or free from errors.
the information obtained by using our Resources will be accurate or reliable, and
Furthermore, you understand and agree that:
no information or advice, whether expressed, implied, oral or written, obtained by you from AllGunTalk.com, Inc. or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
– Limitation of Liability –
I. Use of Site:
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. AllGunTalk.com, Inc. will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
II. Use of Items:
AllGunTalk.com® makes no endorsement or warranty with regard to ANY items posted on the Site or any transaction carried out thorugh the Site. Furthermore, AllGunTalk.com® is not and shall not be held responsible for any liability as a result of the use, misuse, or abuse of any item received by way of a transaction between Users of the Site. Users are responsible for the correct, responsible, and lawful use of items purchased through transactions with other Users of the Site.
To the fullest extent permitted by applicable law, none of AllGunTalk.com, Inc., its affiliates, or any of their officers, directors, administrators, employees or representatives (collectively, 'AGT parties') shall be liable for any particular, incidental or resulting damages that are directly or indirectly related to the use of, or the incapability to utilize the site or services, or associated to the information, content and operations thereof, be it generated by the site, by another user, or by unwarranted access to the site, delays or disturbances in our site, activities executed by third parties through the AGT Site, measures taken regarding your account, or viruses or malware acquired by using our site or links on the AGT Site (including, but not limited to, revenue loss or predicted gains, lost commerce or lost transactions, loss of charity or reputation, disruption of business or loss of data) even if we or our approved agent have been counseled of the chance of such damages.
Users are responsible for the complete sale of any item on the Site. We do not guarantee transactions. Our role is to provide a venue for users to conduct transactions.
You agree to hold AllGunTalk.com, Inc harmless if a loss or damage is experienced through use of this system.
The disclaimer of warranties or damage exclusion are not allowed or recognized in some jurisdictions. Consequently, disclaimers and exclusions may not be applicable to you if you reside in a jurisdiction as such as the above described. To the absolute breadth allowed by law, the total liability of the agt parties to you for all damages, losses, and sources of action (whether in agreement or grievance, including without limitation, disregard or otherwise) emerging from this agreement or your utilization of the site shall not exceed the greater of (A) the sum total of what you have remitted to us in the 12 months preceding the occurrence giving rise to your assertion or (B) $100.00. This restriction shall not apply in the occurrence of conscious or deliberate wrongdoing.
You shall indemnify, defend and hold the AGT Parties harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys’ fees), incurred by a AGT Party in connection with any claims arising out of, based upon or resulting from any of the following, whether by you or by a third party using your log-in: (i) any breach or violation of this Agreement, (ii) any use of the Site, (iii) a dispute with another User (except for monies received by you under our Buyer’s Protection Program), (iv) any violation of any applicable law or regulation governing Your activities on or off of the Site, or (v) the infringement of any intellectual property or other right of any person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.
– Intellectual Property –
I. Use of Content:
All materials, including text, graphics, illustrations, designs, icons, photographs, applications, audio clips or downloads, clips of video and composed and other materials that are part of the Site (commonly referred to as “Content”) are intended for the exclusive personal, non-commercial use in relation to the services offered on the Site. No right, title or interest in any information or software is consigned to you as a result of your utilization. You may not download, duplicate, display, publish, transfer, apportion, modify, create derivative works from, sell or take part in any sale of or utilize in any way, shape, or form, in whole or in part, any of the Content, the Site or any associated software. All software used on the Site is the property of AllGunTalk.com, Inc. or its licensors and suppliers and protected by U.S. and international copyright laws. The Content and software on the Site may be used only as a facility for the advertising, sale and purchase of firearms. as well and other items on the Site. Any other use, including the reproduction, transmission, distribution, republication, display, or performance, of the Content on the Site is strictly prohibited.
II. Copyrights and Trademarks:
Unless documented otherwise, all Content constitutes trademark, service mark, copyright, trade dress and/or other owned intellectual property, controlled or licensed by us or by third parties who have licensed their materials to us and are protected by U.S. and international intellectual property statutes. The compendium (meaning the collection, arrangement, and assembly) of all Content on the Site is the exclusive property of AllGunTalk.com, Inc., or its affiliates, and is also protected by U.S. and international copyright statutes.
”ALLGUNTALK.COM®”, the ALLGUNTALK.COM target logo, “THE FLYING MEATEATING PORCUPINES®”, and other AllGunTalk.com® names and logos, as well as all related product and service titles or names, design marks and slogans used on the Site are the trademarks or service marks of AllGunTalk.com, Inc. or its affiliates. All other marks are the property of their respective owners. Absolutely no trademark or service mark license whatsoever is granted in association with the information contained on the Site. Access to the Site grants no one authority to make use of any name, logo or mark in any form whatsoever.
You may not use metatags or other hidden data that utilizes AGT’s name or trademarks without prior explicit documented permission of AllGunTalk.com, Inc.
III. Site Abuse:
You are strictly forbidden from harming or endeavoring to harm the trustworthiness and security of the Site, or otherwise abusing the Site, which includes, but is not limited to, (i) gaining access to information unintended for you or logging onto a server or a record for which you are not authorized; (ii) endeavoring to interfere with administration to any User Account, host or network, which includes, but is not limited to, through method for submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (iii) endeavoring to probe, scan or test the vulnerability of a framework or system or to breach security or verification measures without authorization; (iv) utilizing or endeavoring to utilize any engine, programming, device, agent or other mechanism or component (including, but not limited to, spiders, robots, intelligent agents, avatars, or browsers) to navigate the Site other than the web search tool and search agents accessible from AllGunTalk.com® on the Site and other than usually accessible third party web browsers; (v) fashioning any TCP/IP packet header or any piece of the header data in any email or newsgroup posting; (vi) utilizing any device, application, or procedure to interrupt or endeavor to inturrupt with the normal operation of the Site or any activity being carried out on the Site or bypass any measures used to block accessibility to the Site; (vii) sending unsolicited email, including promotions and/or publicizing of services or products by means of the Site, or get other client data from the Webpage so as to do so; or (viii) gathering data about other Users without their assent.
VIOLATION OF THE FRAMEWORK OR NETWORK SECURITY MAY BRING ABOUT CIVIL OR CRIMINAl LIABILITY.
All reviews, comments, listing content, pictures, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this Website or otherwise disclosed, submitted or offered in connection with your use of the Site (collectively, the "Comments") shall become and will remain the property of AllGunTalk.com®. Aforesaid communication, yielding or proposal of any Comments shall constitute to us an allocation of all universal right, designation and interest in and to all exclusive rights, as well as other intellectual property in the Comments. Consequently, all such right, title and interest shall be owned exclusively by us and in no way will our use be limited, commercial or otherwise, of any Comments.
– Termination of Use –
I. Service Interruption and Termination:
We consent to give you accessibility to the Site and available services on the Site just as approved in this Agreement and the AllGunTalk.com® Site Procedures. We retain authority to reject your user registration by telling you of our determination. Even after account approval, we may terminate or suspend your account and capacity to utilize the Site within our sole discretion, with or without reason and without advance notice. If we believe your activities may cause AGT or other Account Holders legal accountability, damage, or misfortune, we retain all authority needed to inform other Users of your activities.
II. Cancellation of Account:
Should you oppose any of the terms of this Agreement or any ensuing revisions thereto or become displeased with the Site and its related services in any capacity, your only alternative is to promptly: (i) stop use of the Site and its services; (ii) terminate your enrollment of services; and (iii) inform AGT of your termination. You may end this Agreement and your account with us ONLY if you have no live transactions on the Site and if your record is paid up. At any such time, you may end this Agreement and your AGT account by informing us as per the section regarding "Notices" states below. Additionally, your account will be considered inactive and disabled if there is no action on your account for a period of one year. If your account is disabled or terminated, it will be flagged as inactive in our system. However, AGT cannot delete your user data or transaction history.
– Governing Law, Dispute Resolution in Alabama and Other Terms –
I. International Users; Choice of Law:
Based in the United States, AllGunTalk.com controls, operates, and administers the Site. No representation is made that information or functions contained herein are available for use at other locations or appropriate for use outside of the United States. Access to information or functions on the Site outside of the United states or from territories where their contents are illegal is prohibited. The Site may not be used in violation of United States laws or other export laws and regulations. Exporting information found on or at this Site is prohibited. You, as a user, are responsible for compliance to all laws applicable to you and your situation. Any and all claims emerging out of your relationship with AGT will be governed by and in accordance with the laws of the State of Alabama, excluding (i) its conflicts of laws provisions, (ii) the United Nations Convention on Contracts for the International Sale of Goods, and (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods, as amended.
II. Dispute Resolution; Attorneys’ Fees.
To the fullest extent permitted by law, you hereby expressly agree that any proceeding arising out of or relating to this agreement or your use of the site shall be instituted exclusively in a state or federal court sitting in the county of Chilton, State of Alabama, United States of America, and you expressly waive any objection that you may have now or in the future to the laying of the venue, or to the jurisdiction of any such court over you or your activities on the Site. Notwithstanding the foregoing, AllGunTalk.com, Inc. reserves the right to institute proceedings in any jurisdiction in order to (i) obtain interim or provisional relief pending resolution of a dispute; or (ii) collect from you any monies due under this Agreement or under an award of the court described above. You may not bring any action arising out of this User Agreement or your use of the Site or the Services, regardless of form or the basis of the claim, more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). In the event that you bring an action in an improper forum or outside of the time limit in violation of this Section, AllGunTalk.com, Inc. shall be entitled to recover from you its reasonable attorney’s fees in responding to such action.
III. Exclusion of Class Actions:
To the fullest extent allowed under applicable law, you and AllGunTalk.com 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 AllGunTalk.com 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.
Except as explicitly stated otherwise, any notices you send to us shall be given by means of our electronic support system located at https://www.allguntalk.com/Support/ or by mail to AllGunTalk.com, Inc, P.O. 130 Thorsby, AL 35171, or, in the case notices we send to you, to the email address or street address listed in your User Information in your account. Notice shall be deemed given 24 hours after an electronic message is sent, unless the sending party is notified that the message did not reach the recipient or, in the case of mailing, three (3) days after the date of mailing.
V. Independent Contractors:
You and AllGunTalk.com, Inc. are independent contractors. No agency relationship, partnership, joint venture, employer-employee relationship or franchisor-franchisee relationship is intended or created by this Agreement.
VI. Electronic Execution:
Your electronic acceptance of this Agreement on the web site on which it is displayed shall constitute your acceptance of all terms and conditions of this Agreement and such acceptance shall have the same legal force and effect as if you had physically signed such Agreement. You agree to the admissibility of computer records and electronic evidence in any dispute under this Agreement.
VII. General Provisions:
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to put into effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. The failure by either party to exercise or enforce any rights or provisions of this Agreement (including the Site Rules or other document incorporated by reference herein) shall not constitute a waiver of such right or provision. This Agreement, including any other applicable terms and conditions or rules that govern your use of individual Services, which are either incorporated herein by specific reference or posted on the Site from time to time, comprises the entire agreement between you and AllGunTalk.com, Inc. and supersedes all prior representations, agreements or statements between us, written or oral, regarding the subject matter contained herein (including any prior user agreement for the Site). All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this Agreement. The titles and headings contained in this Agreement are used for convenience only and are not intended to affect the meaning or interpretation of this Agreement. This Agreement is binding upon and inures to the benefit of the respective successors and assigns of the parties, but you may not assign this Agreement to any person or entity without our prior written consent, and any such assignments made without consent shall be null and void. This Agreement is solely for the benefit of AllGunTalk.com, Inc., its affiliates, and you, and shall not be construed for the benefit of any third party.
– Guarantee –
UNLESS OTHERWISE EXPRESSED, AllGunTalk.com, Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
– Contact Information –
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
P.O. Box 130
Thorsby, AL 35171
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