Conditions and User Agreement
Whitetailexchange.com website is intended to be a friendly, enjoyable and
useful experience, but as with anything concerning any kind of transactions
there are risks involved and we strongly advise you to understand all of these
terms and conditions before joining. If you see or spot a listing, auction,
posting or any action by any seller, buyer, member or guest that you feel is
violating the general terms and conditions of the Whitetailexchange.com
web-site as stated below please let us know by contacting us at
Whitetailexchange.com may amend this User Agreement at any time by posting the
amended terms on our site.
Fees and Payment Terms:
All fees are in U.S. Dollars unless stated otherwise. The Fee Schedule and
Payment Terms may vary in the future and Whitetailexchange.com may in its sole
discretion add, delete or change some or all of the Services at any time. The
Fee Schedule and Payment Terms in effect on the date of listing the auction
shall govern the transaction. You are responsible for paying all applicable
taxes and for all hardware, software, service and other costs you incur to bid,
buy, procure a listing from us or access Whitetailexchange.com's servers. View
the "Site Fees" page for exact consignment rates.
By entering into this User Agreement and listing an item, you grant
Whitetailexchange.com a non-exclusive, world-wide, royalty-free, irrevocable,
right to exercise all copyright and rights of publicity over the material
displayed in your listings or bids, in any existing or future media, known or
unknown, now or at any later date.
Rights To Suspend or Terminate.
You agree that the Whitetailexchange.com web-site, in its' own sole discretion,
may terminate any auction, bid, seller, buyer, member or any and all use of the
Whitetailexchange.com web-site immediately and without reason of any kind or
notice of any kind to anyone.
This is a
partial and incomplete list of reasons Whitetailexchange.com may terminate your
membership and continued use of Whitetailexchange.com in any manner. This list
is provided for example purposes only and in no way limits
Whitetailexchange.com in it's rights' to terminate any auction, bid, seller,
buyer, member or any and all use of the Whitetailexchange.com web-site
immediately and without reason or notice of any kind.
(a) We believe
that you are not abiding by the general rules of this web-site.
(b) You have repeatedly broken a certain term.
(c) You have listed a suspicious item.
(d) We believe you to be a non paying bidder.
(e) Shill bidding in any form or manner.
(f) Registering for more than 1 account and/or using more than 1 name in any
form or manner.
In most, but not
all cases when we suspect foul play we will suspend your account/listing while
we investigate further. If our investigation is conclusive to the management of
Whitetailexchange.com then your account with us will be terminated at the date
and time of Whitetailexchange.coms' choosing and without notice of any kind to
You are solely responsible for the contents of your actions through this website.
You must ensure that your participation in the selling or buying of items or
use of the Whitetailexchange.com web site does not violate any applicable laws
or regulations. By this we mean that you must check that you are entitled to
sell, buy, export, import or legally transfer ownership of the relevant item and that you are not prohibited from
doing so by the use of Whitetailexchange.com by any law, regulation or term or
condition of this web site.
You must not
transmit through the service (Whitetailexchange.com, it's providers or
suppliers) any unlawful, harassing, libelous, abusive, threatening, harmful,
vulgar, obscene or otherwise objectionable material. You must also not transmit
any material that encourages conduct that could constitute a criminal offense,
give rise to civil liability or otherwise violate any applicable law or
regulation or violate any term or condition of this web site.
Membership to the Whitetailexchange.com website is only available to those that
can form a legally binding contract. The Whitetailexchange.com website does not
permit minors (under 18) to register as a member to buy or sell. If any member
fails to register with their correct age the account will be terminated
immediately upon knowledge by Whitetailexchange.com.
The Whitetailexchange.com web site acts only as the window for sellers to conduct
auctions and for bidders to bid on sellers' auctions.
Whitetail Exchange is not involved in the actual transaction between buyers and
sellers. Whitetail Exchange only acts as a trusted third party that
collects, holds and disburses funds according to Buyer and Seller instructions.
Whitetailexchange.com is not an auction company.
Whitetailexchange.com only provides the tools (software/scripting/partial
hardware) for Whitetailexchange.com members to conduct auctions. As a result,
we have no control over the quality, safety or legality of the items listed or
the truth or accuracy of the listings, the ability of sellers to sell/export items or
the ability of buyers to buy/import items. We cannot and do not control whether or not
sellers will complete the sale of items they offer or buyers will complete the
purchases of items they have bid on.
note that there are risks of dealing with foreign nationals, underage persons
or people acting under false pretense.
not be responsible for any items, goods or services sold by its' members,
guests or others that may use the Whitetailexchange.com web-site, for any
damage to items during transit or during the inspection period, nor for
misrepresentations and/or breaches of contract by either buyer and/or seller.
not be responsible for the cost of procurement of substitute goods or any
losses resulting form any goods purchased or obtained.
no liability for the content of the listings or the actions of its members.
However if you
fall victim of a fraudulent transaction we will assist you as much as we can.
All guarantees are between buyer and seller. Whitetailexchange.com provides a
venue for Sellers to auction their goods to willing Buyers at the highest or
most favorable bid. Whitetailexchange.com is not involved in the actual
transaction of the products that are bought or sold between Sellers and Buyers
and is not the agent of either for any purpose. While Whitetail Exchange does
coordinate payments, Whitetail Exchange only acts as a trusted third party that
collects, holds and disburses funds according to Buyer and Seller instructions and therefore
assumes no responsibility or liability for items bought or sold. Because user
authentication on the Internet is difficult, Whitetailexchange.com cannot and
does not confirm that each user is who they claim to be.
As a bidder, if you have the highest bid at the end of the auction, at or above
the minimum bid price (or in the case of reserve auctions, at or above the
reserve price), and your bid is accepted by the seller, you are obligated to
complete the transaction. Bids are not retractable except in exceptional
circumstances such as the seller materially changing the description of the
item after your bid or clear typographical errors. You may not bid in a way
that pulls other bidders to their maximum bid, retract the high bid, and then
rebid at a small increment above the legitimate high bidder (bid manipulation).
A Seller may "list" any item for auction on the Site unless it is
does not fit under a category listed on the main page. Whitetailexchange.com
reserves the right to move any items to the appropriate category. Adult items
of any kind are not allowed for sale. Whitetailexchange.com reserves the
right to remove any item and not issue a refund for violation of these
guidelines. Categories will be created, changed or modified at the sole
discretion of Whitetailexchange.com. Whitetailexchange.com does not know
whether the listing is accurate or if the Seller and Buyer will perform as
promised, and Buyers and Sellers use the Site and the Services at their own
risk. If you receive one or more bids at or above your stated minimum price (or
in the case of reserve auctions, at or above the reserve price), then you are
obligated to complete the transaction with the highest bidder, unless there is
an exceptional circumstance, such as the buyer fails to meet the terms of your
listing (such as payment method), or you cannot authenticate the identity of
the buyer. Sellers may not manipulate the price of their item, either by using
a shill (a secondary account or third party) or by bidding themselves.
Whitetailexchange.com retains the right to immediately halt any auction,
prevent or restrict access to the Site or the Services or take any other action
to restrict access to or availability of objectionable material, any unlawful
items or any items otherwise prohibited by the procedures and guidelines
contained in this User Agreement.
Whitetailexchange.com prohibits the listing or sale of any item that is
illegal to sell under any applicable law, statute, ordinance, or regulation. It
is your responsibility to sell only legal goods and services and you must make
sure that what you list for sale on the Whitetailexchange.com web-site is legal
and conforms to all the legal requirements of your local, state, provincial,
federal or foreign law and regulations. Items prohibited or restricted for
posting on Whitetailexchange.com web-site include but are not limited to:
Any item that does not fit under a category listed on the main page
Academic, Beta or OEM Software
Copyright or Trademark-Sensitive Goods
Counterfeit or Knock-Off Goods (including currency & stamps)
Fireworks, Explosives, & Hazardous Materials
Goods Made From Protected Animal/Plant Species
Human Parts, Bodily Fluids & Human Remains
Illegal Drugs, Drug Paraphernalia, Steroids, & Other Controlled Substances
Individual Contracts or Non-Transferable Items
Items Subject to Embargo
Offensive Material (items that promote hatred, violence, racism, or
Prescription/OTC Drugs & Medical Devices
Stocks, Bonds & Securities
Stolen Property or Items Used For Theft
Weapons & Ammunition
The sale of alcohol
The sale of tobacco products
Whitetailexchange.com prohibits the listing of any adult-oriented products or
services, or listings which solicit directly or indirectly sexually-oriented
services, or sexually-explicit content.
Whitetailexchange.com Auctions by employees:
Whitetailexchange.com itself may participate in auctions from time to time.
When Whitetailexchange.com offers goods for auction, it is no different than
any other seller engaged in an auction and will abide by the same procedures
and guidelines. In addition, employees of Whitetailexchange.com are permitted
to participate in their personal capacity (i.e., not as Whitetailexchange.com
employees, representatives or agents) in any of the auctions conducted through
this Site. Whitetailexchange.com employees, when participating in any auction
in their personal capacity, are subject to this User Agreement.
Compliance with Laws:
You agree to comply with all applicable laws, statutes and regulations
regarding use of the Services, including in regard to bidding, listing,
purchasing and selling items.
Because Whitetailexchange.com is not involved in the actual transaction between
Sellers and Buyers and is not the agent of either for any purpose,
Whitetailexchange.com will not be involved in resolving any disputes between
participants related to or arising out of any transaction.
Whitetailexchange.com urges Sellers and Buyers to cooperate with each other to
resolve such disputes. BECAUSE Whitetailexchange.com IS NOT INVOLVED IN
TRANSACTIONS BETWEEN BUYERS AND SELLERS OR OTHER PARTICIPANT DEALINGS, IF A
DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE
Whitetailexchange.com (AND ITS AGENTS AND EMPLOYEES) 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.
THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS.
Whitetailexchange.com MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION. Whitetailexchange.com WILL
NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN
CONNECTION WITH THE USER AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO
USE THE SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE
These Terms and Conditions shall be governed by and constructed in accordance
with the laws of Kalamazoo County within the State Of Michigan of the United States Of America and any disputes will be decided only by the Courts of Kalamazoo
County within the State Of Michigan of the United States Of America.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU
FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE
STATEMENT OF THE AGREEMENT BETWEEN US (Whitetailexchange.com & You) AND
THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY
OTHER COMMUNICATIONS BETWEEN US (Whitetailexchange.com & You) RELATING TO
THE SUBJECT MATTER OF THIS AGREEMENT.
Please take the time to familiarize yourself with the FTC (Federal Trade Commission) "Internet Auctions - A Guide for Buyers and Sellers" by clicking this link.