By accessing or using Recoil Auction, including making purchases or interacting with content, you (“User”) agree to be bound by these Terms of Use. Please read the following terms carefully, as they govern your access to and use of the site. If you do not agree to these terms, you are not authorized to use our site.
1. User Age Requirement
By using Recoil Auction, you confirm that you are at least 21 years of age. If you are not, you must refrain from accessing or using the site.
2. Compliance with Laws
You agree to comply with all federal, state, municipal, tribal, and international laws, rules, and regulations applicable to your use of the site. This includes, but is not limited to, licensing, registrations, and other legal requirements relevant to products or services available through Recoil Auction.
You are solely responsible for determining and complying with any legal restrictions that apply to your activities on the site.
3. Platform Limitations
Recoil Auction is a platform that facilitates product advertisement between parties. However, we do NOT involve ourselves in transactions between users and do NOT verify, certify, or guarantee the legal ability of any party to transact. You are responsible for verifying the legality of any transaction or exchange.Both buyers and sellers are responsible for ensuring that the transaction complies with all federal, state, and local laws. FFL dealers assist in this process by conducting background checks and maintaining necessary records.
4. Prohibited Uses
You agree not to use Recoil Auction for any illegal purpose. This includes, but is not limited to, activities prohibited by federal, state, or local laws or engaging in any fraudulent, abusive, or deceptive conduct. Accessing the website for illegal purposes may constitute accessing a computer system without authorization and may result in legal action.
5. Intellectual Property and Content Usage
By using this site, you agree not to collect data, copy, or republish any content, including listings, from Recoil Auction without express written consent. All content on the website, including text, images, and media, is protected by copyright, trademark, and other intellectual property laws.
By submitting, uploading, or posting any content on the Recoil Auction website, including but not limited to text, images, videos, or other materials (“User Content”), you grant Recoil Auction a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works from your User Content in any media or format, whether known now or developed in the future.
This license allows Recoil Auction to use your User Content to operate, promote, and improve its services, and to share your content with other users or third parties for the same purposes. You represent and warrant that you own or have all necessary rights to grant this license and that your User Content does not violate any third-party rights or applicable laws.
Recoil Auction reserves the right, but is not obligated, to monitor, edit, or remove User Content at its sole discretion.
6. Listing and Account Policies
- You may only have one account per user.
- Listings must be accurate, and posted in the correct category.
- Duplicate listings or cross-posting items in multiple categories will be removed.
- You agree to follow all listing guidelines and policies outlined by Recoil Auction.
We reserve the right to edit, modify, or remove any listings at our discretion.
7. Membership and Services
To list items or send messages, users are required to create a Membership. Certain features require a subscription, and pricing will be clearly outlined within the site.
8. Indemnity and Liability
You agree to indemnify and hold harmless Recoil Auction, its owners, officers, employees, and agents from any and all claims, losses, damages, or liabilities arising out of your use of the site, including any legal costs and damages arising from violations of these terms or applicable laws.
9. Changes to Terms
Recoil Auction reserves the right to modify these Terms of Use at any time. By continuing to use the site after changes are made, you agree to be bound by the revised terms. You are responsible for reviewing these terms regularly to ensure compliance.
10. Termination
We may suspend or terminate your access to Recoil Auction if you violate these terms, at our sole discretion. Termination of access does not relieve you of any obligations incurred prior to termination.
11. Spam and Misuse
You agree not to engage in spamming, malicious, or disruptive activities on the platform. This includes sending unsolicited messages, excessive posting, or any other disruptive actions that interfere with the website’s operations or the experience of other users.
12. Dispute Resolution and Arbitration
12-1. Waiver of Court and Class Action Rights
By agreeing to these Terms of Use, you acknowledge and agree that you are waiving any right to:
a. Litigate claims in a court of law or before a jury;
b. Participate in a class action or representative action regarding any claims arising under these Terms of Use or your use of the Recoil Auction marketplace.
Other rights you may have in court may be unavailable or limited in arbitration.
12-2. Binding Arbitration Agreement
Any claim, dispute, or controversy (whether based on contract, tort, statute, or otherwise, and whether pre-existing, present, or future) between you and Recoil Auction arising out of or relating in any way to these Terms of Use or your use of the Recoil Auction marketplace shall be resolved exclusively and finally through binding arbitration.
12-3. Arbitration Rules and Governing Law
a. The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules (“AAA Rules”) in effect at the time of arbitration, except as modified by this section. The AAA Rules are available at www.adr.org or by contacting AAA at 1-800-778-7879.
b. The Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings under this arbitration provision.
12-4. Arbitration Location and Procedure
a. The arbitration shall take place in Orange County Florida.
b. A single arbitrator shall conduct the arbitration. If you and Recoil Auction cannot agree on the arbitrator, one shall be appointed in accordance with the AAA Rules.
c. The arbitrator shall have exclusive authority to resolve all disputes related to arbitrability, enforceability, and validity of this arbitration provision, including any claims of unconscionability or invalidity.
12-5. Arbitrator’s Authority and Relief
a. Subject to these Terms of Use (including all limitations, disclaimers, and exclusions herein), the arbitrator is authorized to grant any relief available in court under law or equity.
b. The arbitrator’s decision shall be final, binding, and enforceable in any court of competent jurisdiction.
12-6. Costs and Fees
a. The parties shall share equally all fees and costs associated with the arbitration, including AAA fees and arbitrator fees.
b. Each party shall be responsible for their own attorneys’ fees and expenses unless otherwise provided by applicable law or the arbitrator’s award.
By agreeing to these Terms of Use, you and Recoil Auction consent to resolve any disputes exclusively through binding arbitration, as outlined above.
13. Governing Law
These Terms of Use are governed by and construed in accordance with the laws of Florida, USA. Any disputes will be handled in the courts located within Orange County, Florida.
14. Contact Information
For any questions or concerns regarding these terms, please contact us at Info@recoilauction.com.
15. Acknowledgment
By clicking “Accept” or continuing to use Recoil Auction, you confirm that you have read, understood, and agree to be legally bound by these Terms of Use.