All persons wishing to obtain a Dealer level account, granted by GAX to individuals exclusively and are granted specifically to the subscribing registered member only, or access any service through the GAX which requires payment in the form of monetary or any other form of compensation must agree to the following terms and conditions in addition to all terms and conditions set forth in our standard user agreement.

Content Provided by User

You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute, on or through GAX only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on GAX, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of owner]; Used by Permission."

License Of Copyright:

By submitting Content to any public or non-public area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to GAX the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense (through multiple tiers), distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit GAX to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. You also warrant that the holder of any rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content retains any and all rights that may exist in such content.

Submission and Administration of Listings

Customer agrees not to submit any Listing descriptions, photographs, financial, contact or other information contained in each Listings data to GAX unless (i) the Listing is accurate and Customer agrees to administer the Listing and maintain its accuracy at all times. Customer represents, warrants and covenants that the foregoing is correct at the time of submission and will remain correct as long as the Listing is used in connection with the Service. (ii) The Customer has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the Listing on the Customer's website or on GAX's website. GAX may, in its sole discretion but without any obligation to search for such, remove Listings that are alleged to have been submitted in violation of this provision. In addition, GAX may require additional evidence of compliance with this provision from Customers who are alleged to have submitted Listings or other information in violation of this Agreement.. GAX will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates this Agreement.

Additionally, the Customer agrees to allow the Listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer's website or the GAX website. GAX shall have the sole authority to choose the manner in which any Listings will be searched, displayed, accessed, downloaded, copied, and otherwise used on the GAX website and GAX shall have the right to modify the property Listing in the exercise of its rights under this Agreement. The Customer (a) represents and warrants that all Listings and associated information provided by the Customer will be accurate; (b) agrees that the Customer will not permit the posting of a Listing on the GAX system under a name other than the named agents that have been engaged by the item's owner to market the item under the terms of a duly executed Listing agreement with the owner; (c) agrees to administer the Listings provided by the Customer and maintain their accuracy at all times. GAX reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Listings posted on the Customer's website or on the GAX website. GAX accepts no responsibility for checking the accuracy of reports or data files submitted by the Customer.

The Customer warrants and agrees to remove all Listings in regards to items that are sold, whether through the GAX website or in any other manner, or that are no longer in the possession of or legal representation of the Customer in a timely manner from the GAX system. At no point shall a Listing remain on the GAX system, whether in a 'closed' or 'open' state, for more that ten (10) business days from the actual sale date or loss of legal representation of the item.

Additionally, while all Listings run for a user defined period of time, up to a maximum of 30 days, they are not automatically deleted from the system at the point of closing, but are instead entered into a 'closed' status. While GAX has a policy of deleting and removing on a regular basis all Listings that have remained in a closed status for 90 days, it is up to the Customer to maintain and delete Listings that are no longer in use, whether by sale of the item, or any other determined or undetermined reason. GAX will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly fails to delete and remove unused Listings from the GAX system on a regular basis.

Information Back Up Policy:

While GAX shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to GAX.

Payment Terms:

All items that are selected for purchase through the GAX website or the GAX Client Services Department are billed directly to you in the form of a monthly statement. Customer agrees to pay for all products ordered through the GAX website or via the GAX Client Services Department by using an authorized payment method, regardless of whether a monthly statement is received or not. Statements are issued within the first week of any given month and are due by the earlier of either the due date printed on the monthly statement or the 15th of the month, whichever occurs first. Furthermore, the Customer provides GAX express authorization to charge said fees to their payment provider. Fees owed depend on the specific type and quantity of GAX products, services, information, or deliverables (collectively "Deliverables") ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables.

Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, GAX may immediately cease to provide any and all Deliverables to the customer.

The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the month.

Annual contract subscriptions require a ninety (90) day minimum service term. Customers will be responsible for the full list price for the initial ninety (90) day term. After the initial ninety (90) day service term, annual contract subscriptions may be cancelled at any time, beginning with the month following receipt of written cancellation. However, a service charge equal to 50% of the total amount remaining in the contract term will be due upon such cancellation. Annual contract subscriptions will automatically renew unless Customer contacts GAX in writing or by calling the GAX Client Services Department at 1-800-864-6130 thirty (30) days prior to the renewal date and indicates its intent to cancel its subscription.

Prepaid annual contract subscriptions require a ninety (90) day minimum service term. After the initial ninety (90) day service term, prepaid fees will be refunded based on the number of months remaining on the contract period, beginning with the month following receipt of written cancellation, but will be subject to adjustment for any incentives or discounts provided for said prepayment and less a service charge equal to 25% of the total amount remaining. No partial month refunds will be provided.

GAX reserves the right to change its fees or billing methods at any time. GAX will provide timely notice to the affected Customers of any such changes. It is the Customer's responsibility to promptly provide GAX with any contact or billing information changes or updates (including email address, credit card numbers, etc.).


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