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  Nov 20, 2009 20:19:41
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Terms & Conditions
NWTF Auction Terms of Use

The National Wild Turkey Federation Online Auction is comprised of items from past years? banquets and items donated from NWTF sponsors. The auction is not available to individuals wanting to sell items. If you wish to sell an item, the NWTF Classifieds can be found by clicking here.



Everyone participating in NWTF Online Auctions must complete the online registration by first selecting a username. You are then issued a password and can begin bidding on items. A valid credit card number must be submitted at the time of registration. NWTF Auction only accepts credit card as payment.



User Agreement

THE FOLLOWING DESCRIBES THE TERMS ON WHICH THE NATIONAL WILD TURKEY FEDERATION, INC. OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the user agreement (the "Agreement" or "User Agreement") for the National Wild Turkey Federation, Inc (?NWTF?). This Agreement describes the terms and conditions applicable to your use of our services available under the domain and any sub-domains of www.nwtf.org (the "Site(s)"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our auction services.



You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which includes those terms, and conditions expressly set out below and those incorporated by reference, before you may become a member of the NWTF Auction Site. By accepting this User Agreement, you also agree that the User Agreement posted on those websites will govern your use of other NWTF websites.



We may amend this Agreement at any time by posting the amended terms on the Site. Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. You are responsible for regularly reviewing these terms and conditions. Continued use of the NWTF auction site after any such changes shall constitute your consent to such changes. The NWTF does not and will not assume any obligation to notify you of any changes to this agreement(s). This Agreement may not be otherwise amended. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on April 15th, 2003 for all users.



1. NWTF Auction Site/Services Participatory Eligibility.

Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended NWTF Auction participants. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our auction site. Further, your NWTF Auction 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. Upon registering with the NWTF Auction, you declare that any and all information you give is your own and is correct, including credit card and contact information.



As a condition of your use of the NWTF Auction, you express to the NWTF that you will not use the NWTF Auction for any purpose that is unlawful, or prohibited by these Terms of Use or any Additional Terms (that may be modified from time to time). You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the NWTF Auction site, except as expressly provided herein.


2. Your Information.

2.1 Definition.
"Your Information" is defined as any information that you provide us or other users in the registration or bidding process, in any public message area or through any email feature. You are solely responsible for Your Information.


2.2 Restricted Activities. Your Information and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene; (g) contain any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; (i) link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; and (j) you may not use the products or services provided through or in connection with the NWTF Auction to: (aa) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; or (bb) conduct or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail or multi-level marketing campaigns.



2.3 License. Solely to enable the NWTF to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information.



3. Bidding and Buying.

As a buyer, you are obligated to complete the transaction if you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the NWTF, unless the transaction is prohibited by law or by this Agreement. By bidding on an item you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful. Bids are not retractable except in exceptional circumstances such as: when the NWTF materially changes the item's description after you bid or when a clear typographical error is made. If you are the highest bidder and meet the aforementioned criteria, the credit card provided by you during your registration process will be charged the full amount of that highest bid plus any additional shipping and/or insurance charges. This auction uses technology to prevent auction sniping. Any bid placed in the last 30 seconds will extend the auction 5 minutes.



The NWTF only accepts credit cards as payment. All sales are in U.S. dollars. All shipping, insurance and other related shipping charges will be the responsibility of the successful bidder. In addition, purchasers residing outside the U.S. are responsible for the payment of customs, clearance, duty, brokerage and other related shipping charges. Merchandise will only be shipped after payment transaction has been approved.


4. Purchase of Firearms.

Firearms listed on this auction will only be transferred through a federally licensed firearms dealer in your area and in compliance with all applicable federal, state and local laws governing the legal transfer of firearms. As laws vary from state to state, it is your responsibility to ensure your eligibility to purchase the item. There are age limits and certain items are illegal in some areas. The Bureau of Alcohol, Tobacco and Firearms (ATF) (http://www.atf.treas.gov) publishes the information regarding the laws governing the transfer of firearms and the various state laws. To learn more about the laws in your state, click here. We also recommend that you visit a licensed firearms dealer in your area for more information.


Prior to receiving any firearm from this auction site, you must certify that you are legally entitled to purchase the firearm. If you are the winning bidder, you will need to make arrangements with a firearms dealer in your area to perform the necessary paperwork and background checks required for the legal transfer of your firearm. As a winning bidder, you share in the responsibility to ensure that all federal, state and local laws are followed.


All firearms listed on this site are new and will be shipped directly from the NWTF to your local firearms dealer, who will ensure that the sale will be handled in compliance with all federal, state, and local laws.


The NWTF supports the legal and responsible ownership of firearms by law-abiding citizens. We will not tolerate illegal activity.


* Prior to bidding on any firearms on this auction site, ensure that you are legally eligible to purchase the item.


* Follow all applicable laws governing the legal transfer of firearms in your area.


* Make arrangements with your local Federal Firearms Licensee (FFL) to handle the legal transfer of the firearm following all federal, state and local laws.


* Obtain a copy of your local dealer?s Federal Firearms License. NOTE: the license must contain an original signature ? not a photocopy signature. Send this signed license to the NWTF to have your gun shipped to your local dealer.


* Upon receipt of proper documents, the NWTF will ship the gun to your local dealer. You will pick up the gun at the local dealer and be required to fill out the appropriate forms.



* All documents should be sent to:

Attn: Gun Delivery

NWTF

Post Office Box 530

Edgefield, SC 29824




4. Access and Interference.

Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to the NWTF by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of the NWTF and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our measures we may use to prevent or restrict access to the Site.


5. Breach.

Without limiting other remedies, we may limit your activity, immediately remove your bids, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your NWTF Auction participation and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.



6. No Warranty.

WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR AUCTION WEB SITE AND AUCTION SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS 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.



7. Liability Limit.

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.



8. Indemnity.

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.



9. Legal Compliance.

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, purchase, or solicitation of offers to purchase any and all items that we may list.



10. No Agency.

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



11. Notices.

Except as explicitly stated otherwise, any notices shall be given by postal mail to NWTF Attn: Legal Department, 770 Augusta Road, Edgefield, SC 29824 (in the case of the NWTF) or to the email address you provide to the NWTF during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to the NWTF during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.



12. Resolution of Disputes.

In the event a dispute arises between you and the NWTF, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and the NWTF agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.



12.1 Binding Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $1,000, you or the NWTF 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 American Arbitration Association or JAMS shall administer the arbitration in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.



12.2 Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Edgefield County, South Carolina or where the defendant is located (in our case Edgefield, South Carolina, and in your case your home address or principal place of business). You and the NWTF agree to submit to the personal jurisdiction of the courts located within the county of Edgefield, South Carolina.



12.3 Alternative Dispute Resolution. Alternatively, the NWTF will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Edgefield County, South Carolina or another location mutually agreed upon by the parties.



All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section 12, the other party may recover attorneys' fees and costs up to $1,000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.



13. General.

This Agreement shall be governed in all respects by the laws of the State of South Carolina as such laws are applied to agreements entered into and to be performed entirely within South Carolina between South Carolina residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by the NWTF in accordance with Section 13 "Notices", in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections, 2.3 (License), 4 (Access and Interference), 7 (Liability Limit), 8 (Indemnity) and 12 (Resolution of Disputes) shall survive any termination or expiration of this Agreement.



14. Disclosures.

The National Wild Turkey Federation, Inc., located at 770 Augusta Road, Edgefield, SC 29824 hereunder offers the services. If you are a South Carolina resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.



Any questions or technical support should be directed to webmaster@nwtf.net.



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© 2009 National Wild Turkey Federation. All rights reserved.