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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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