The following Site Rules (“Rules”) describe the rules governing use of the Services on the Site. Per our Terms and Conditions of Use (“Terms”), we reserve the right to change the Site Rules from time to time with or without notice to you. Your continued use of this Site and Services after such modifications will constitute acknowledgement and acceptance of the modified Site Rules. You are responsible for reviewing and understanding these Rules, the Terms and all relevant laws and regulations.
All capitalized terms have the same meaning given in the Terms, unless stated otherwise in these Rules.
I. Use of Our Services. 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 you do not qualify for an account for this reason, please do not use our Services. The Site is a forum for buyers and sellers to engage in transactions for products related to firearms, ammunition, parts, and accessories (“Items”). We are not involved in the transaction between the buyers and sellers. We are not responsible for the outcome of the transaction.
II. Auctions. The Site provides an advertising venue for Sellers to list and sell Items and buyers to bid on and purchase Items. This is done by means of an electronic bidding format. However, we are not auctioneers. Detailed information and rules on selling and bidding on the Site are provided herein.
- Registration Accuracy. In order to access some of the Services on this Site, you must register for an account. 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. Please be advised that it is against the law to make bids in a false name or with an invalid credit card. Fraudulent bidders will be prosecuted to the fullest extent of the law.
- Account, Password and Security. After you register, you will receive a Username and password. You are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred 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 the Terms. You must notify us immediately if you become aware of any unauthorized use or related security breach in regard to your Username and password.
IV. Seller’s Rules.
- Once an Item for auction is listed on the Site, it becomes an irrevocable offer to sell the Item to the winning bidder. Once there is a winning bid, a legally binding contract is formed and you are legally obligated to sell the listed Item to the winning bidder. The Terms and Conditions of Use, these Rules, and the terms of your listing for the Item shall govern the sale. If a winning bid is received for a listed Item, you cannot withdraw the Item from being sold.
- Listing Rules. Your listings must comply with these Rules. Noncompliant listings may be removed at our sole discretion and you may be subject to other actions, including restrictions of your buying and selling privileges and suspension of your account. Please review and follow these Rules when you list your items.
- A Listing must offer a specific product at a specific price.
- The description of the Item must be accurate and truthful.
- You shall not add additional unrelated keywords to your Listing.
- Item titles may not be in ALL CAPS.
- Posting of multiple listings for the same Item is prohibited and duplicate listings may be removed at our sole discretion without notice.
We reserve the right (but have no obligation to do so), in our sole discretion, to edit, remove, or reclassify an auction listing for violations of law, these Rules, or the Terms.
- Prohibited Listings. You must have the legal right to sell any Items you list on the Site. You may not list the following on the Site: (a) live animals; (b) human body parts (e.g., relics, skulls, human remains or other parts); (c) bulk email lists; (d) illegal weapons, instructions, kits, plans, or parts designed to illegally convert firearms to full-auto fire; (e) instructions, kits, plans, or parts designed to illegally build silencers; (f) instructions on how to build bombs or explosives; (g) unauthorized replicas, (h) items containing faces, names or signatures of any person unless authorized by that person; (i) hazardous, restricted or toxic materials or substances; or (j) multi-level marketing or similar programs. You may not list any Item that would cause us or you to violate any applicable law, statute, ordinance or regulation. You may not list any Item that is stolen or counterfeit. Your Listing may not be defamatory, libelous, threatening or harassing; and it may not contain obscenity or child pornography.
- Non-United States Sellers. Non-United States sellers shall not list Items for sale on the Site.
V. Buyer’s Rules.
- Payment. Please be advised that the Site does not accept payment for any Items. Since the contract is between the buyer and the seller, the bidder must remit payment directly to the seller for any Item won.
VI. Required Terms of Sale. The following terms of sale are required and may not be modified by the terms of any listing for a particular item. The following terms are mandatory for each sale:
- Firearms must be shipped only to a Federal Firearms License (FFL) holder.
- Buyer must mail or fax a copy of his/her (or his/her transfer dealer’s) license to the seller before the Item can be shipped.
- Buyer must make arrangements with a Transfer Dealer before placing a bid.
- Items such as ammunition or knives may require you to send the seller a copy of government-issued proof of age (such as a copy of your driver’s license or passport) before the item can be shipped.
VII. Auction Closing. Auction listings will display the scheduled closing time for the auction. If there is bidding activity on the auction within fifteen (15) minutes of when the auction is scheduled to close, the auction automatically switches into a special mode analogous to the “going, going, gone” period of a live auction. In this mode, the auction is automatically extended until there have been no bids placed within fifteen (15) minutes. When fifteen (15) minutes have passed with no bidding activity, the auction closes.
VIII. Advertising Services. Payment for any of our advertising services are non-refundable.
IX. System Abuse.
- Refusal of Service and Indemnification. We reserve the right to refuse service to anyone. We may terminate your account if you engage in any abusive or fraudulent activity in connection with the Site. You will be liable for and must indemnify, defend and hold us harmless from all claims, losses, damages, liabilities, judgments and fees, and pay any costs incurred by us as a result of your misuse of the Site or violation of any of these Rules and Terms, including but not limited to amounts of third party claims against us, our attorneys’ fees, our collection costs, our fees incurred for any Items you win but fail to pay for, our fees incurred for Items you place false bids on and the cost of our time spent resolving such violations.
- Side Deals. Sellers and non-winning bidders are prohibited from soliciting or engaging in “side deals”, during or after the auction. Soliciting or engaging in side deals may result in suspension or termination of your account. Any transaction between a seller and a non-winning bidder is a “side deal” and falls outside the scope of the Site and these Rules, except the terms of this Section still apply. We provide no assistance for buyers and sellers involved in a side deal. Buyers and sellers involved in a side deal cannot use the Site in connection with or in furtherance of such side deal.
- Bid Manipulation. All forms of bid manipulation are expressly forbidden. A seller shall not place bids or arrange to have bids placed on his or her behalf. Shill bidding is expressly forbidden. Additionally, buyers may not communicate with each other in order to manipulate the final purchase price of an Item.
X. Dispute Resolution. Our Site is only a transaction venue and we will not arbitrate disputes or arguments between Users. Users are responsible for performing due diligence and taking steps to prevent problems from occurring. If you have any questions or concerns, please contact Support@AuctionArmory.com.
XI. Unauthorized Use of Messaging Systems. Our user messaging systems exist for the sole purpose of allowing contact between a bidder (or potential bidder) and a seller for the purpose of engaging in or completing an auction transaction. You are prohibited from using the messaging systems for any other purpose.
XII. User-Created Content. 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. We are not responsible for user-generated content such as postings, Item listings, messages on our message forums, feedback, pictures, etc. We are only a passive conduit for your online distribution and publication of your information.
XIII. Scheduled Maintenance/System Downtime. We reserve the hours between ______ and ______ (Eastern Time) for system maintenance. If this causes system downtime, auction ending times may be extended without notice as a result of scheduled or unscheduled downtime. However, any such extensions are made in our discretion.
XIV. Technical Difficulties. We are not responsible for bids not being processed or not being accepted due to technical difficulties. Auctions will not necessarily be extended due to technical problems.
XV. Termination. We may, at our sole discretion, terminate your account at any time if your conduct fails to conform to the Terms or these Rules. Such action will also result in a notation appearing in your feedback.