* = Required
a. Eligibility and Accuracy of Information. By registering for an account or using the Site, you represent that you are at least 18 years of age and of the age of legal majority in your state or country of residence. You must provide true and accurate User Information about yourself in the registration form. It is your responsibility to keep this information up-to-date. If you register on behalf of a Company, you represent that you have written or other sufficient corporate authority to form binding contracts under Applicable Law on behalf of your Company each time that you use the Site.
You agree that you will not allow others to use your account, nor will you use your account or the Site on an outsourcing basis or on behalf of third parties. You also agree not to seek to use the Site if you are temporarily or permanently suspended from using the Site. You agree that you are responsible for maintaining the confidentiality of your User ID and password and that you will not share that information with others, You must notify us immediately if you become aware of any unauthorized use of your User ID and password or any other breach of security relating to your User ID and password and the Site.
a. Only a Venue. The Site is a listing and information service that brings together Buyers and Sellers. BidtoBuyGuns.com is not a party to any transaction between Buyers and Sellers that originates on or through the Site. Information about a particular Item is supplied by the Seller, not by BidtoBuyGuns.com. Subject to Section 6 below regarding the Buyer Protection Program, the warranties on and other terms applicable to the sale of any Item are determined solely by the Listing, and the price and auction winner by the automated function of the Site carrying out the Listing terms input by the Seller and the bidding or buying instructions input by Buyer. BidtoBuyGuns.com is not a traditional auctioneer and does not act as agent of any Buyer, Seller or other User of the Site.
b. BidtoBuyGuns.com Is Not the Seller. BidtoBuyGuns.com is not involved in the actual transaction between Buyers and Sellers, has no contact with any Items, and where payment is not facilitated on the Site, does not receive information about the Buyer or Seller’s consummation of agreed sales of Items (unless we are contacted by Buyer or Seller). All payments by Buyers for Items, including where facilitated by a checkout and/or payment process integrated with the Site, are received by the applicable Sellers, not by BidtoBuyGuns.com. We do not transfer legal ownership of Items from the Seller to the Buyer, and nothing in this Agreement is intended to modify the governing provisions of the Uniform Commercial Code § 2-401(2) and § 2-401(2) as implemented in any applicable state, 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 and the case of Firearms, upon legal Transfer by the applicable FFL).
c. Transfers of Firearms. All shipments and sales of Firearms on the Site must be carried out through the process of legal Transfer of the Firearm to the applicable Buyer by an FFL selected by the Buyer. Upon winning or purchasing a Firearm, the Buyer must designate an FFL for shipment and Transfer of the Firearm. FFLs may charge separate fees for this service. Where the FFL determines that the Buyer is not eligible under Applicable Law for Transfer of the Firearm or other Item, BidtoBuyGuns.com will void the sale, refund the “Final Value” fees paid by Seller to BidtoBuyGuns.com for the sale, and relist the Item without additional charges to Seller. Fees for “Optional Services” are not subject to refund. Depending on the terms of the applicable Listing, Buyer may be responsible for additional shipping charges in this case.
Binding Contract. Listing an Item constitutes entering into a binding legal contract with the applicable Buyer to sell the Item on the terms stated in this Agreement, the Site Rules and in the Listing, if the Buyer’s bid is the winning bid or the Buyer’s offer is accepted as described in this Agreement and the Site Rules. Note that when a Listing includes a fixed price (such as a “Buy Now” price or an “Auto Accept” price) and a Buyer makes an offer to pay the fixed price, the offer is automatically and immediately accepted. In addition, when a Listing includes the option to accept offers and a Buyer makes an offer to pay an offer price for an Item, the offer is active and irrevocable during a period no longer than 48 hours, after which the offer expires. During the applicable period, the Seller may accept or reject the offer. As Seller of an Item, you agree to complete the sale of all listed Items on such terms.
b. Representations and Warranties. You as Seller of Items on the Site represent and warrant to BidtoBuyGuns.com during the term of this Agreement that:
· all User Information given to us by you and all information communicated to other Users of the Site, whether in a Listing or a Posting, is true, accurate, up-to-date and not misleading;
· you have the right under Applicable Law to sell the Items you list free from any liens or encumbrances,
· the sale of your Items on the Site, including the Content of your Listings, will not (1) be fraudulent or involve the sale of counterfeit or stolen items, and (2) infringe any third party’s Intellectual Property rights or rights of publicity or privacy;
· you will not engage in bid rigging or sale price manipulation of any kind on any Item, nor contact any Buyer from the Site to conclude sales of a listed Item outside of the Site;
· If you post Listings for or sell Firearms or Ammunition on the Site, you agree to comply with all Applicable Law governing the specific requirements for sale, transfer and shipping of such Items to the applicable Buyer, including without limitation those found in the Site Rules (which shall apply regardless of any contrary information contained in a Seller’s Listing), and you agree that:
o Items may not be sold or shipped contrary to state and local Applicable Law, which may vary considerably. For example, 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 not be sold or shipped at all; and
· If you or the applicable Items are located within the U.S. or owned by persons located within the U.S., you additionally warrant that you are familiar with the U.S. statutes and regulations governing export controls, sanctions and embargoes, and you additionally agree that: (i) you are not a national of or located in any country embargoed by the United States, (ii) you are not violating U.S. export controls or selling any item subject to sanctions or embargo; and (iii) 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 U.S. 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 (collectively, “ US Sanctions Laws”).
c. Sales and Other Taxes. To the fullest extent permitted under Applicable Law, you agree that BidtoBuyGuns.com bears no 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. Any information made available to Sellers on the Site about sales tax applicability is provided on an “as is” basis, and we do not warrant its accuracy or completeness. You agree and acknowledge that in certain cases, selling on BidtoBuyGuns.com may subject you to sales tax reporting or remittance obligations in jurisdictions where your volume of transactions would otherwise subject you to such taxation. You and we agree to cooperate reasonably in any tax-related matters or inquiries by taxing authorities. You agree that you are responsible for, and will indemnify us against, any Losses for any sales/use, VAT or similar transaction tax that is or may be assessed by any jurisdiction with respect to sales of Items to Buyers in the jurisdiction (other than taxes on our fees payable to such jurisdiction). You agree to defend, indemnify and hold us harmless from and against any and all Losses 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 our fees or income.
d. License to Listings. You hereby grant to us and our Affiliates the right and worldwide, perpetual, non-exclusive, royalty-free license to publish, display, distribute, reproduce, copy and make derivative works of the Listings and other Posting or Content you provide us, in any and all media, including under all copyright, publicity, and database rights in and to the Listing, Posting or other Content you post to the Site, in order to allow us to (i) list the Items on the Site, (ii) update or improve the Site and any relevant Services, and/or (iii) make use of such Listings, Postings or Content for uses related to the Site, including electronic or print publications, reference materials, reports or other services or products provided to third parties regarding sales and pertaining to categories of products featured on the Site, provided that any such services or information described in (iii) above shall not include any User’s User Information.
e. I agree to receive emails and text messages (msg & data rates may apply from MarkNet Alliance regarding current & upcoming auctions).
CHOICE OF LAW: THE LAW OF THE STATE OF SOUTH CAROLINA SHALL GOVERN THE INTERPRETATION OF ANY AND ALL DISPUTES.