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GavelThief Terms of Service

The purpose of this disclaimer is to specify the terms and conditions under which GavelThief agrees to provide you with access to this Site and its Services. The contents of this disclaimer apply only to www.gavelthief.com, and we cannot be held responsible for the privacy practices or content of other websites that may be linked to by this website.

GavelThief reserves the right to amend this Agreement at any time by posting the amended terms and conditions on the Site. You are solely responsible for reviewing any changes. This agreement was last revised on October 6, 2008.

GavelThief, in its sole discretion, may add, delete, or modify some or all of the features of the Site or Services at any time.

1. Eligibility & Registration

1.1   Use of the Site and Services is strictly limited to parties that can lawfully enter into and form contracts under applicable law.

1.2   Services are not available to minors or parties whose use of Services has been suspended or terminated.

1.3   To use the Site and Services, you must submit a complete registration form on behalf of yourself or the corporation, partnership or other legal entity that will be using the Services.

1.4   By accepting this Agreement, you represent that (a) you are eighteen (18) or older and, if applicable, (b) you are authorized to sign for and bind the corporation, partnership or other legal entity that will be using the Services.

1.5   You shall provide current, complete and accurate registration information (including email address and credit card information), and then update the information as required to keep the registration information current, complete and accurate.

2. Passwords & Security

2.1   You shall at all times maintain the confidentiality of your user names and passwords.

2.2   If you are a corporation, partnership or other legal entity, you may not allow employees to use user names and passwords, provided that you are responsible for all activity and all charges by such employees.

2.3   Permitting use of the Services by a third party is prohibited and is a violation of this Agreement.

2.4   If there is a breach of security through your account, you must immediately change your password and also notify us.

2.5   You will be liable for any unauthorized use of the Services.

3. Payment Terms

3.1   GavelThief reserves the right to charge fees for certain services, as well as transaction fees based on certain completed transactions using the Services.

3.2   GavelThief further reserves the right to alter any and all fees from time to time, without notice.

3.3   As the user, you agree to pay the current fees associated with GavelThief's Services and all applicable taxes.

3.4   All fees are in U.S. dollars.

4. User Conduct

4.1   GavelThief strictly enforces rules of conduct to keep our users both secure and happy. You agree to handle your inquiries in a professional manner. GavelThief reserves the right to refuse service to any customer who is excessively rude, profane, overly argumentative, or unprofessional to our customer service staff. In our sole discretion, we may elect to refund your remaining balance, or wait until your funds are complete, and ban your account from future payments.

4.2   You agree to comply with all applicable laws, statutes, ordinances and regulations related to use of the Services. You may not use our Services engage in fraud or other illegal activity, or to infringe the intellectual property rights of others.

4.3   You agree to comply with the terms and conditions of all agreements you have with third parties as such terms and conditions related to use of the Services including, without limitation, terms and conditions related to types of items that may be sold or restrictions on concurrent sales.

4.4   You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure or limits our ability to provide the Services. You agree that you will not collect, copy, reproduce, alter, modify, create derivative works, or publicly display any content or information from the Site without the prior expressed written permission of GavelThief or the appropriate third party. You agree that you will not use any robot, spider, or other automatic device or routine to access or interface with the Site.

5. Copyright Notice

5.1   All content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of GavelThief or its content suppliers and protected by US and international copyright laws.

5.2   The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of GavelThief and protected by US and international copyright laws.

5.3   All software used on this site is the property of GavelThief or its software suppliers and protected by US and international copyright laws.

5.4   The content and software on this site may be used as a selling and selling management resource.

5.5   Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.

6. Trademark Notice

6.1   GavelThief, gavelthief.com and the GavelThief logo, are trademarks of GavelThief, in the United States and other countries.

6.2   GavelThief's trademarks may not be used in connection with any product or service that is not GavelThief's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GavelThief.

6.3   Other trademarks and trade names belong to their respective owners.

7. Use of Site

7.1   This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by GavelThief.

7.2   GavelThief and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if GavelThief believes that customer conduct violates applicable law or is harmful to the interests of GavelThief and its affiliates.

8. No Liability For Services

8.1   You understand and agree that GavelThief does not guarantee the placement of your bid on eBay.

8.2   While GavelThief will make reasonable efforts to ensure performance of its services, many factors can interfere with the correct placement of your bid.

8.3   GavelThief disclaims all liability for bids requested but not placed on eBay.

9. Disclaimer

9.1   This site is provided by GavelThief on an "As Is" basis.

9.2   GavelThief makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site.

9.3   To the full extent permissible by applicable law, GavelThief disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

9.4   GavelThief will not be liable for any damages of any kind arising from the use of this site including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

10. Applicable Law

10.1   This site is created and controlled by GavelThief in the State of Texas, USA.

10.2   As such, the laws of the State of Texas will govern these disclaimers, terms, conditions, without giving effect to any principles of conflicts of laws.

10.3   We reserve the right to make changes to our site and these disclaimers, terms, and conditions at any time.

11. Links to Third Party Sites

11.1   GavelThief and affiliate web sites may contain links to other Web Sites ("Linked Sites").

11.2   The Linked Sites are not under the control of GavelThief and GavelThief is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.

12. No Unlawful or Prohibited Use

12.1   As a condition of your use of the GavelThief and affiliate web sites, you warrant to GavelThief that you will not use the GavelThief or affiliate sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

12.2   You may not use the GavelThief or affiliate sites in any manner that could damage, disable, overburden, or impair the GavelThief or affiliate web sites.

12.3   You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the GavelThief or affiliate sites.

12.4   GavelThief reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at GavelThief's sole discretion.

13. Material Provided to GavelThief

13.1   GavelThief and its affiliates do not claim ownership of the materials you provide to GavelThief (including feedback and suggestions) or post, upload, input or submit to any GavelThief or its associated services (collectively "Submissions").

13.2   By posting, uploading, inputting, providing or submitting your Submission you are granting GavelThief, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

13.3   No compensation will be paid with respect to the use of your Submission, as provided herein.

13.4   GavelThief is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at GavelThief's sole discretion.

13.5   By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

14. Software Available on the GavelThief Site

14.1   Software that is made available to download from the GavelThief Web Site, ("Software") is the copyrighted work of GavelThief.

14.2   Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement").

14.3   You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

14.4   For any Software not accompanied by a license agreement, GavelThief hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using the particular GavelThief Site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices.

14.5   All Software is owned by GavelThief and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

14.6   Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the license agreement.

14.7   You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.


If you have any questions concerning this terms of service disclaimer or the practices of this site, contact our customer service department.