ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
Ulistguns, Inc. (“Owner”) owns, operates and provides services to you (“User”), under the following Terms of Service, as well as the User Agreement and any other rules that may be posted on the Ulistguns.com web site (the “Site”). Users agree to these Terms of Service by registering as a User of the Site.
Incorporation of User Agreement: The Ulistguns.com User Agreement is fully incorporated in these Terms of Service as if it was fully reproduced herein.
Services provided by and Duties of Owner: Owner provides the Site for Users to engage in Auction transactions under the terms of the User Agreement and these Terms of Service. Owner reserves the right to modify or discontinue any service with or without notice to User. Owner will not be liable to any User or third party for any losses or other damages, including consequential or special damages, caused by Owner’s modification or discontinuation of services.
Duties of User: User agrees to abide by these Terms of Service, the User Agreement, and any rules or policies of Owner that are posted on the Site. User agrees to cooperate with Owner in Owner’s efforts to provide services to User. User agrees to pay to Owner any fees incurred by User in connection with the Site. Such fees include, but are not limited to, Auction creation or other fees. Users that do not pay will be charged for all Owner’s expenses incurred in recovering such fees. These costs include, but are not limited to, attorney’s fees, collection fees, court costs and any other such costs.
No Resale: User agrees that all use of the Site is personal to the User, and that User will not resell the services offered by Owner on the Site.
User Contracts: Owner is not a party to contracts between Users arising from use of the services provided by Owner through the Site.
User Information Provided to Third Parties: Information shared by User with Owner will only be used by Owner in connection with the provision of services on the Site. User information will only be given to a third party when necessary for Owner to collect on past due accounts, to enable Users solve a dispute, or to cooperate with an inquiry by Law Enforcement.
No Responsibility for User-Supplied Information: Owner attempts to ensure the accuracy of information presented on the Site, but Owner makes no guarantee that such information is true and/or accurate. Users should be aware that information provided by other Users may not be accurate. Owner is not responsible for misrepresentations by Users. Owner bears no responsibility for any unauthorized alterations to the Site third parties.
No Endorsement: Owner does not endorse any information, item or service Auctioned or presented by a User on the Site.
Account Termination: Owner will terminate the account of any User that notifies Owner of disagreement with the Terms of Service or User Agreement. Users may immediately terminate their account by sending a written request clearly stating their desire to cancel their account to Owner. Owner may terminate a User’s account at any time and without written notice if User violates the Terms of Service, User Agreement, or any other posted rules or policies of Owner. Owner reserves the sole and exclusive right to determine what conduct violates the Terms of Service, User Agreement, or other policies or rules of Owner.
Trademarks: Ulistguns.com and Ulistguns, Inc. logos are trademarks and service marks of Ulistguns, Inc.
Copyright Information: The Site and its contents are © 2007 Ulistguns, Inc. No portion of the materials on the Site may be reprinted or republished in any form, without the express written consent of Owner.
Use of Other’s Intellectual Property: No claim is made by Owner to the intellectual property of other individuals, companies, or entities.
Disclaimer of Warranties. Owner provides the Site and its contents or services on an AS-IS basis. Owner makes no representations or warranties, express or implied, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, and non-infringement.
No Responsibility for Auction Items: Owner is not responsible for, has no contact with, and provides no warranties, express or implied, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, and non-infringement for any item or information posted or Auctioned by a User on the Site.
Limitation of Remedies: Owner is not responsible for ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES arising out of use of the Site or other services provided by Owner.
Arbitration: Where permitted by state law, Users acknowledges and agrees that any dispute between Owner and User arising out of User’s use of the Site shall be settled by arbitration in the State of Minnesota pursuant Minnesota State Law and under the Rules of the National Arbitration Forum. If the law of User’s state of residence does not permit mandatory consumer arbitration, User agrees to the choice of forum and choice of law provisions below.
Choice of Law: User agrees that the Terms of Service and User agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to choice of law principles.
Choice of Forum: Owner and User agree that any dispute not subject to the mandatory arbitration clause set out above shall be brought in Minnesota State Court in St. Louis County, Minnesota or if appropriate the United States District Court for the District of Minnesota. User waives any jurisdictional, venue, or inconvenient forum objections.
Attorney’s Fees: The prevailing party in any dispute arising out of User’s use of the Site will be entitled to costs and reasonable attorneys' fees.
INDEMNIFICATION: User agrees to indemnify and hold Owner and its affiliates, officers and employees harmless from any claim brought by a third party against Owner arising out of User’s conduct or use of the Site.
Entire Agreement. The Terms of Service and the User Agreement are the entire agreement between the User and the Owner, and take precedence over all prior or contemporaneous oral or written agreements.
Modification. Owner may modify the Terms of Service at any time. The modified Terms of Service will be posted on the Site under a page titled “Legal Notice”, “New Terms of Service”, or similar title. User agrees that such posting is valid notice of the modified terms to User. Continued use of the Site after the Terms of Service are modified signals User’s Agreement to be bound by the new Terms of Service.
Severability: If court of competent jurisdiction holds any part of the Terms of Service or User Agreement to be unenforceable, the unenforceable provisions shall be limited or eliminated, and the remainder of the Terms of Service and User Agreement shall remain in full force and effect.
Sellers be aware if you list an item on Ulistguns.com you are agreeing to giving the buyer who has won the item from the auction you listed on Ulistguns.com a three day inspection period of the item as described on Ulistguns.com. The inspection period starts when the item won is received by the buyer from the seller. If the buyer finds the item received is not as described in the auction on Ulistguns.com, the seller agrees to pay for the shipping of the item from the the seller to the buyer and from the buyer back to the seller. Please be advised, Ulistguns.com encourages the buyer and the seller to work out these problems on their own. Sellers, this is only to assure the buyer that sellers on Ulsitguns.com are honest people or businesses. On Ulistguns.com all sales are final between Ulistguns.com and the seller.