LEARN MORE ABOUT GOFASTAUCTION   Dec 01, 2008 09:56:29
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TERMS & CONDITIONS

Go Fast Auction.com is FREE for all Buyers and Sellers. Buying and selling with integrity is the highest priority for the owners of GoFastAuction, and it only makes sense for Members to share that perspective.  Reliability and full disclosure will build trust among buyers and sellers.  Integrity encourages repeat business and enriches the online experience. Our ID verification system was designed to check that each user is who they say they are. This will cut down on fake and non binding bids.

The auctions are continuously monitored and will be ended if content is offensive or inaccurate in any way.  We reserve the right to end any auction and discontinue any subscription to GoFastAuction at any time.

GoFastAuction Member Agreement

This Agreement (the "Agreement" or "Member Agreement") describes the terms and conditions applying to the use of the services available under the domain www.GoFastAuction.com and sub-domains of www.GoFastAuction.com.  If the member does not agree to the terms and conditions of this Agreement, do not use our services.  Members must agree before using GoFastAuction.

Members must accept all terms and conditions contained in the GoFastAuction Member Agreement and the Privacy Policy including those terms and conditions set out below, and those incorporated by reference, before visitors may become a member of GoFastAuction.  By accepting this Member Agreement, visitors also agree that the Member Agreement will govern the use of other GoFastAuction sites and the Privacy Policy posted on those websites.

We may amend this Agreement at any time by posting the amended terms on the site.  Except as stated below, all amended terms shall automatically be effective 31 days after they are initially posted on the site.  This Agreement may not be otherwise amended except in writing and signed by the member and applicable officers of GoFastAuction Inc.  This Agreement is effective upon member acceptance in the registration section of the site for new members, and is otherwise effective on August 25th, 2005 for all members.

Subscription Eligibility.

Our services may only be used by individuals legally capable of entering binding contracts under applicable Pennsylvania law.  Without limiting the foregoing, our services are not available to persons under the age of 18 or to suspended GoFastAuction members.  GoFastAuction accounts and Member information may not be transferred or sold to another party.  Parties registering as business entities must present documentation indicating legal authority to bind the business to this Agreement.

Fees and Services

Joining and bidding on items at GoFastAuction is free.  NO fees for listing items, Selling or buying through our site.  Changes to the policy are effective after issuing at least ten (10) days notice of the changes by posting the changes on the site.  We may temporarily change our Fees and Credits Policy and services fees for promotional events.  We may change some of our services at our discretion.  In the event we introduce a new service, the fees for the service are effective at the initiation of the service. 

Not an Auctioneer

We are sometimes referred to as an online auction web site, but GoFastAuction is not a traditional auctioneer.  GoFastAuction acts as a venue for anyone to conduct commerce relating to vehicles and automotive items at anytime, from anywhere, in a variety of pricing formats. 

Sales strategies include a fixed price format and an auction-style format commonly referred to as "online auctions" or "auctions."  GoFastAuction is not involved in transactions between buyers and sellers, and therefore, is not an auctioneer.  GoFastAuction has 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 pay for items.  GoFastAuction cannot ensure a buyer or seller will actually complete a transaction.  We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of Pennsylvania law, under which, legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. 

Verification of Identities

We attempt to verify the accuracy of information provided by members upon registration at the site, but member verification on the Internet is difficult, therefore GoFastAuction cannot confirm each member's identity and makes no warranty or guarantee with regard to same.  We encourage members to communicate directly with potential trading partners through available means offered on the site and basic technological tools.  Members are further advised to use a third-party escrow service and other commonly available services to ensure the safest possible transaction. 

Third-Party Vendors

GoFastAuction recommends several third-party vendors to make the Internet purchasing process safer.  GoFastAuction has no control of the business conduct of these vendors and therefore makes absolutely no warranty or guarantees with regard to the performance of said vendors.  

Release

GoFastAuction operates solely as a disinterested venue with regard to transactions at the site.  When members have a dispute with one or more members, all members release GoFastAuction (and our officers, directors, agents, subsidiaries, joint ventures 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 to such disputes. 

We do not control the information provided by members that is made available through our system.  Members may find information provided by other members to be offensive, harmful, inaccurate or deceptive.  Please use caution, and practice safe trading when using the site.  There are risks of dealing with underage persons or people acting under false pretense.  There may also be risks when engaging in international trade or with foreign nationals.  By using this site, members agree to accept any and all such risks and release GoFastAuction from any responsibility for the acts or omissions of members of the site.

Bidding and Buying

Buyers are obligated to complete the transaction with the seller when purchasing an item through the fixed price formats or when the seller accepts a bid.  The only exceptions are when an item is listed in a category of the Non-Binding Bid Policy or when the transaction is prohibited by law or by this Agreement.

Vehicles sold through GoFastAuction have no warranty and are accepted in “as is” condition unless otherwise stated by the seller who is fully and individually responsible for the execution of any warranty offered.  GoFastAuction never offers any warranty on any item listed at the site and is not responsible in any way to enforce or execute warranties offered by site members.

Non-Binding Bid Policy

When bidding on an item, bidders agree to be bound by the conditions of sale included in the item's description so long as those conditions are not in violation of this Agreement or unlawful.  The bidder becomes the lawful owner of an item upon physical receipt of the merchandise from the seller, in accordance with Pennsylvania Commercial Code and Uniform Commercial Code, unless mutually agreed otherwise by bidder and seller.  Bids are non-retractable except in unlawful or exceptional circumstances such as a seller changing an item's description after a bid was proffered, a clear typographical error substantially misrepresenting a sale item, the inability to authenticate a seller's identity or when the seller does not confirm the purchase.  The bidder certifies the legal right to purchase such items upon making a bid.

Selling through listings

A seller certifies his or her legal capacity to sell the item(s) listed for sale on the site.  The item description must accurately represent the sale item and include all terms of sale.  Listings may only include text descriptions, graphics, pictures and other content relevant to the sale of the item.  All listed items must be properly filed in an appropriate category.  Multiple item listings must contain identical merchandise.

Binding Bids

Sellers are obligated to complete a transaction with the highest bidder upon the auction's completion when at least one bid meets or exceeds the minimum stated price or reserve price.  This policy does not apply to items covered in the Non-binding Bid Policy or extraordinary circumstances such as: (a) the buyer fails to meet the terms of a seller’s listing, or (b) the seller cannot authenticate the buyer's identity.

Fraud

Without limiting any other remedies, GoFastAuction reserves the right to suspend or terminate any account suspected of engaging in fraudulent activity with regard to the site (by conviction, settlement, insurance or escrow investigation, or otherwise).

Member Information

Member information is defined as any representation provided to site administrators or other member during registration, bidding or listing process, in any public message area (including the problem reporting area) or any email feature.  Members are solely responsible for the information they provide, and GoFastAuction acts as a passive conduit for online distribution and publication of information provided by members.

Restricted Activities

Member information and activities on the site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret, other proprietary rights, publicity or privacy rights or in violation any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising, defamation, libel, unlawful threatening, unlawful harassing, obscenity, child pornography or otherwise involving harm to minors). 

Distribution of viruses

Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information is prohibited in addition to creating any liability for the site or any person(s) associated in any way with the site, or causing the site to lose the services of any ISPs or other suppliers.  Linking directly or indirectly to or including descriptions of goods or services that are prohibited under this Agreement are also forbidden.  Linking to items that are identical to other items up for auction on this site but priced lower than the item's reserve or minimum bid amount on GoFastAuction, or concurrently listed for sale on a web site other than GoFastAuction is also prohibited.  The above listed restrictions do not prevent linking to or advertising a GoFastAuction item from another web site except for those items members do not have a right to link to or include.

No Agency

Member and GoFastAuction are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Arbitration

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the member or GoFastAuction may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required.  In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS, or any other established Alternative Dispute Resolution (ADR) provider in accordance with their applicable rules provided such arrangement is mutually agreed upon by all parties.  Any judgment on the award rendered by the arbitrator may be entered in any court having appropriate and lawful jurisdiction.

Any claim may be adjudicated according to the laws of the Commonwealth of Pennsylvania, County of Philadelphia, in a court of competent authority.  Member and GoFastAuction agree to submit to the jurisdiction of courts located within the county of Philadelphia, Pennsylvania.

Alternative Dispute Resolution

GoFastAuction will consider using alternative forms of dispute resolution, such as binding arbitration within the jurisdiction of the county of Philadelphia in the Commonwealth of Pennsylvania, when mutually agreed upon by the parties.