Basic Terms of Use
Welcome to www.generalpurposeitems.com By using this website ("Site") you are agreeing to comply with and be bound by the following terms and conditions of use and all policies and additional terms posted on our Site, applications, tools, and services (collectively “Services”) which together with our Privacy Policy govern the relationship between you and Model Train Auctions, LLC, provider of the Site. The terms "Provider" or "us" or "we" refer to the owner of the Site, www.generalpurposeitems.com, whose registered office is 330 Changebridge Rd, Ste 101, Pinebrook, New Jersey 07058. The term "you" refers to the user or viewer of our Site.
The use of the Site is subject to the following terms of use:
1. The Site is a marketplace that allows users to offer, sell, and buy items. The actual contract for sale is directly between the seller and buyer. All disputes regarding a given item are to be handled between buyer and seller. Provider is not a traditional auctioneer.
2. The content of the pages of the Site is for your general information and use only. It is subject to change without notice.
3. Your use of any information or materials on the Provider Site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Site meet your specific requirements.
4. Additionally, by accessing and using our Site, you agree to be bound by the terms found in our Privacy Policy.
5. Your use of any information on the Provider Site and/or App is entirely at your own risk, for which we shall not be liable.
6. You agree to pay the fees associated with the service requested on the Site. You agree that prices are subject to change and Provider does not offer a refund except as specified on the Site. If you are a seller, you are liable for all transaction fees arising out of all sales made using some or all of the Site’s Services including but not limited to a 2.8% transaction fee to Provider, shipping costs, and sales tax. If you are a new user chooses to pay the $50.00 signup fee, you will not be liable for paying the 2.8% transaction fee to Provider, but will still be liable for any shipping costs and sales tax. If you are a user who initially chooses to not pay the $50.00 signup fee, and later decides to pay the $100.00 Post Registering fee, you will not be liable for paying the 2.8% transaction fee to Provider on any sales made AFTER the $100.00 Post Registering fee is paid. You will still continue to be liable for any shipping costs and sales tax. Additionally, if you are among the users who signed up before August 4th, 2021 and pay the $50.00 Post Registering fee, you will not be liable for paying the 2.8% transaction fee to Provider on any sales made AFTER the $100.00 Post Registering fee is paid. You will still continue to be liable for any shipping costs and sales tax. A list of fees can be assessed using our Site.
7. Model Train Auctions, LLC does not offer refunds to sellers or buyers. Buyers should discuss refund options with individual sellers who post on the Site.
8. You agree that any information provided by Model Train Auctions, LLC, is based solely on the information provided by you and you are responsible for the accuracy and completeness of the data submitted. You acknowledge and agree that Model Train Auctions, LLC, is not liable for any injury or damage caused by any inaccuracies, false statements, or omissions.
9. Model Train Auctions, LLC, cannot guarantee the compatibility of files or data with your system or that any document will retain its original formatting.
10. The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Provider and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or Sites on the World Wide Web without the written permission of Provider or such third party which may own the Marks. All information and content located on the Site is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. Unauthorized use of the Provider Site may give rise to a claim for damages and/or be a criminal offense.
11. THE CONTENT OFFERED ON THE SITE IS FOR GENERAL INFORMATION AND USE ONLY. MODEL TRAIN AUCTIONS, LLC DOES NOT MAKE ANY WARRANTY CONCERNING THE EXISTENCE, QUALITY, OR SAFTETY OF THE ITEMS ADVERTISED; THE TRUTH OR ACCURACY OF USERS’ CONTENT OR LISTINGS; THE ABILITY TO SELL ITEMS; ABILITY OF BUYERS TO PAY FOR ITEMS; OR THAT A BUYER OR SELLER WILL ACTUALLY COMPLETE A TRANSACTION OR RETURN AN ITEM.
12. MODEL TRAIN AUCTIONS, LLC, DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT DELAY, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WHILE MODEL TRAIN AUCTIONS, LLC, TAKES REASONABLE TECHNICAL AND ADMINISTRATIVE MEASURES TO SECURE THE SERVICE, MODEL TRAIN AUCTIONS, LLC, DOES NOT GUARANTY THAT THE SERVICE CANNOT BE COMPROMISED AND MODEL TRAIN AUCTIONS, LLC, SHALL HAVE NO LIABILITY TO YOU OR THIRD PARTIES FOR ANY DAMAGES ARISING FROM A SECURITY BREACH.
13. MODEL TRAIN AUCTIONS, LLC, MAKES NO GUARANTEE THAT ITS SERVICES WILL PRODUCE A RESULT OF ANY KIND.
14. The Site may allow you to upload photographs, videos and other content to the Site and/or App and allow you to share same through your other social media accounts, if applicable. You may not transmit, retransmit, redirect, or store material in violation of federal or state laws or regulations, industry or community standards, including, but not limited to, obscenity, indecency, defamatory or material infringing trademarks or copyrights. You may not abuse or fraudulently use the Site. You represent that you are the owner of all material you upload and doing so does not infringe upon any third-party rights. Additionally, certain types of products or services under the following categories shall not be uploaded or sold: food (includes all items intended to be consumed), medicine, medical supplies, wellness products, cosmetics, pharmaceuticals, animals, items intended for animals, or weapons. Provider retains the right to remove without notice all material it considers to be in violation of any of its policies. Additionally, provider can also terminate a user’s account for any or no reason, with or without notice. When you upload content to or through our Services, you give Provider a worldwide license to use, store, reproduce, modify, communicate, publish, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services.
15. This Site provides links to other Sites by allowing you to leave this Site to access third- party material or by bringing third-party material into this Site via “inverse” hyperlinks and framing technology (a “Linked Site”). Provider has no discretion to alter, update, or control the content on a linked Site. The fact that Provider has provided a link to a Site is not an endorsement, authorization, sponsorship, or affiliation with respect to such Site, its owners, or its providers. There are inherent risks in relying upon, using or retrieving any information found on the internet, and Provider urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked Site.
16. All content, products and services on the Site, or obtained from a Site to which the Site is linked (a “linked Site”) are provided to you “AS IS” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
17. The information, software, products and descriptions of services published on the Site or a linked Site may include inaccuracies or typographical errors, and Provider specifically disclaims any liability for such inaccuracies or errors. Provider does not warrant or represent that the content on the Site is complete or up-to-date. Provider is under no obligation to update the content on the Site. Provider may change the content on the Site at any time without notice. Provider may make improvements or changes to the Site at any time.
18. You agree that Provider, Its affiliates and any of their respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the delay or inability to use the Site or a linked Site, or with the delay or inability to use the Site or a lined Site, even if Provider is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Provider cannot and does not guarantee continuous, uninterrupted or secure access to the Site.
19. It is your exclusive obligation to maintain and control passwords to your account. You are exclusively responsible for all activities that occur in connection with your username and password. You agree to immediately notify Provider of any unauthorized uses of your username and password or any other breaches of security. Provider will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.
20. You agree to indemnify Provider, its directors, officers, employees and agents against any and all liabilities, damages, claims, expenses and losses that arise as a result of your misuse of the information, content and/or services provided in connection with this Site.
21. Your use of the Provider Site and any dispute arising out of such use of the Site is subject to the laws of the State of New Jersey, United States of America and applicable federal law without regard to conflicts of laws principles.
22. You agree that Provider, in its sole discretion and for any or no reason may terminate any account (or any part thereof) you may have with Provider or use of the Site and/or App and remove and discard all or any part of your account or any content uploaded by you, at any time with or without notice. Provider may also in its sole discretion and at any time discontinue providing access to the Site and/or App, or any part thereof, with or without notice. You agree that Provider will not be liable to you or any third party for any such termination.
23. This makes up the entire Agreement between you and Model Train Auctions, LLC, relating to the subject matter herein and will not be modified except in writing, signed by both parties or by a change in the Terms made by Model Train Auctions, LLC, as set forth in the preamble to these Terms.
