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The
GNESO Auctions Users Agreement
GNESO Auctions Policy – 1/6/03
THE FOLLOWING ARE THE TERMS ON WHICH GNESO AUCTIONS ALLOWS YOU
ACCESS TO OUR SITE.
You must read, agree with, and accept all of the terms and
conditions contained in this User Agreement, which include those
terms and conditions expressly set out below and those incorporated
by reference, before you may become a member of GNESO Auctions. We
strongly recommend that, as you read this Agreement, you also access
and read the information contained in the other pages and websites
referred to in this document, as they may contain further terms and
conditions that apply to you as a GNESO Auction user.
Please note: By accepting this User Agreement, you also agree that
your use of other GNESO sections will be governed by the terms and
conditions posted on those sections.
GNESO may amend this Agreement at any time by posting the amended
terms on our site. This agreement shall automatically be effective
on January 6th, 2003.
Eligibility of Membership
This service is available only to individuals who can form legally
binding contracts under applicable law. Without limiting the
foregoing, our services are not available to minors or to
temporarily or indefinitely suspended GNESO Auctions members. If you
are a minor, you can use this service only in conjunction with your
parents or guardians. If you do not qualify, please do not use our
services.
Furthermore, your GNESO account and User Id may not be transferred
or sold to another party. If you are registering as a business
entity, you represent that you have the authority to bind the entity
to this Agreement.
Fees and Services
Joining and bidding on items at GNESO Auctions are free. Our Listing
Fees are for sellers only. We may change our Listing Fees Policy
from time to time but only after we provide you with at least
fourteen (14) days' notice of the changes by posting the changes on
the GNESO AUCTIONS FORUM will they become effective.
In the event we introduce a new service, the fees for that service
are effective at the launch of the service.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You
are responsible for paying all fees associated with using our
service and our website and all applicable taxes.
GNESO Auctions is not an actual Auctioneer. Although this type of
site is commonly referred to as an online auction web site, it is
important to realize that we are not what is traditionally labeled
an "auctioneer."
Instead, our site acts as a media that enables anyone to offer,
sell, and buy just about anything, at anytime, from anywhere, in an
auction-style format commonly referred to as "online
auctions" or "auctions."
We are not involved in the actual transaction between buyers and
sellers. As a result, we have no control over the quality, safety or
legality of the items advertised, the truth or accuracy of the
listings, the ability of sellers to sell items or the ability of
buyers to buy items. We cannot ensure that a buyer or seller will
actually complete a transaction.
Identity Verification
We attempt to identify our users when they register on our site.
However, because user verification on the Internet is difficult,
GNESO Auctions cannot and does not confirm each user's purported
identity. Thus, we have established a user-initiated feedback system
to help you evaluate with whom you are dealing. We also encourage
you to communicate directly with potential trading partners through
our site and Email. You may also wish to consider using what is
called a third party escrow service or services that provide
additional user verification.
Release from Liability
Because we are a media, in the event that you have a dispute with
one or more users, you release GNESO, GNESO Auctions, Al-Martin.com,
TheGamersDen.com, Ne-Smokeout.com, (and our officers, directors,
agents, subsidiaries, joint ventures companies/affiliations and
employees, or any facsimile therein) from claims, demands and
damages (actual and consequential) 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. We will,
however, do everything possible to correct the problems through
mediation and if necessary, removal of questionable buyers/sellers.
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."
Information Control
We do not control the information provided by other users that is
made available through our site. You may find other user's
information to be offensive, harmful, inaccurate, or deceptive.
Please use caution, common sense, and practice safe trading when
using our site. Please note that there are also risks of dealing
with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international
trade and foreign nationals.
Bidding and Buying
As a buyer, you are obligated to complete the transaction with the
seller:
If you purchase an item through Buy Now or you are the highest
bidder at the end of an auction (meeting the applicable minimum bid
or reserve requirements and your bid has been accepted by the
seller), you are bound by this Agreement.
By bidding on an item, you agree to be bound by the conditions of
the sale included in the item's description as long as those
conditions of sale are not in violation of this Agreement or
unlawful.
Bids are not retractable except in extraordinary circumstances, such
as: when the seller materially changes the item's description after
you bid; a clear typographical error was made; you cannot
authenticate the seller's identity; or when the seller does not
confirm your purchase.
Listing Description
You must be legally able to sell the item(s) you list for sale on
our site. You must describe your item and all terms of sale on the
listing page of our site. Your listings may only include text
descriptions, graphics, pictures and other content relevant to the
sale of that item. All listed items must be listed in an appropriate
category.
Binding Bids
If you receive at least one bid at or above your stated minimum
price (or in the case of reserve auctions, at or above the reserve
price), you are obligated as the seller to complete the transaction
with the highest bidder upon the auction's completion, unless there
is an extraordinary circumstance, such as: (a) the buyer fails to
meet the terms of your listing (such as payment method), or (b) you
cannot authenticate the buyer's identity.
Fraud
Without limiting any other remedies, GNESO Auctions may suspend or
terminate your account if we suspect that you (by conviction,
settlement, insurance or escrow investigation, or otherwise) have
engaged in fraudulent activity in connection with our site.
Manipulation
Neither bidders nor sellers may manipulate the price of any item nor
may you interfere with other user's listings or transactions.
Warranty
GNESO, GNESO AUCTIONS, AL-MARTIN.COM, THEGAMERSDEN.COM,
NE-SMOKEOUT.COM, (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES,
JOINT VENTURES COMPANIES/AFFILIATIONS AND EMPLOYEES, OR ANY
FACSIMILE THEREIN) PROVIDE THIS SITE "AS IS" AND WITHOUT
ANY WARRANTY OR CONDITION, EXPRESSED, IMPLIED OR STATUTORY. WE, THE
ABOVE, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. Some states do not allow the disclaimer of implied
warranties, so the foregoing disclaimer may not apply to you. This
warranty gives you specific legal rights and you may also have other
legal rights that vary from state to state.
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