Auction Terms And Conditions
1. 1stStrike Asset Management, (hereinafter 1stStrike), is conducting this auction sale for Property Owner, hereinafter Consignor. All auction sales made shall be governed by the terms and conditions set forth herein.
2. All material is sold "as is, where is", without warranty or guarantee of any kind. Consignor and 1stStrike expressly disclaim all warranties including, without limitation, warranties of merchantability, quality, condition, age, model, year of manufacture, and fitness for any purpose, warranties as to patent infringement and warranties regarding the condition of the premises on which material is located.
3. Buyer, on behalf of themselves and their successors, assignees and vendees, hereby waives, releases and relinquishes all claims whatsoever against 1stStrike, Consignors and their respective agents, servants, and independent contractors arising out of or relating to the material purchased, its condition, use, operation, transportation, or resale including, but not limited to, claims based on negligence, warranty, contract, or strict or absolute liability. The buyer shall examine the material for possible hazards and for compliance with applicable federal and state laws and regulations. If the material is hazardous or otherwise defective, the buyer shall correct such hazards and defects prior to use or resale.
4. Any description of material appearing in any brochure, catalog, inventory or other document provided to buyer by Consignor is believed to be correct. However, any such description and any statement, whether oral or written, made by any person concerning any item is not necessarily accurate and shall not be construed as a warranty, expressed or implied. Buyer's failure to inspect the material or to satisfy himself as to its condition, quantity, location, or the accuracy of the description will not constitute grounds for any claim for damages or adjustments or for cancellation of purchases.
5. The total purchase price, together with all applicable taxes (which buyer will bear unless exempt therefrom) shall be paid by buyer no later than 3 days after auction in the form of cash, cashier's check, money order, bank transfer, or credit card with a 4% fee. All cashier's checks shall be made payable to "1stStrike Asset Management". No material can be removed until total payment is received or good funds are verified by the 1stStrike.
6. The Auctioneer shall designate the buyer after each lot item is auctioned. If a dispute arises between two or more bidders, the Auctioneer shall have the right to reopen the bidding. His designation of a buyer shall be final.
7. Title shall pass to buyer upon receipt by 1stStrike of the total purchase price. Risk of loss or damage shall pass to buyer on the day of sale, Consignor and 1stStrike reserve the right to reclaim title to the material and/or resell and/or otherwise dispose of any property not paid for in full by 3 days after auction or not removed from the premises within one week. Buyer shall pay for any expenses of resale and collection and for all damages resulting from resale. Lost titles that require 1stStrike to acquire a new title will incur a non-negotiable $200 title processing service charge in addition to any associated DMV fees. Buyer agrees to hold Consignor and 1stStrike harmless from and against all loss or damages sustained as a result of buyer's failure to pay for or remove the material or for any other failure to perform his obligations hereunder. If title is relinquished as provided herein, buyer hereby acknowledges title transfer to Consignor and 1stStrike and buyer disclaims any further right to title or interest in the material.
8. All material must be removed from the auction site's premises on or before on week of sale date. Removal time is of the essence. If the material is not removed by said date, Consignor may, at their option, instead of or in addition to pursuing other remedies, cancel the sale, and/or store the material at a site of their choice and/or resell or otherwise dispose of the material in any manner they may choose. Proceeds of resale, if any, shall belong to Consignor and 1stStrike. All expenses of storage, resale, and disposal shall be borne by the buyer. In the event of such cancellation and resale, payments made by the buyer on account of the purchase price may be applied against expenses of storage and resale and against further damages sustained by Consignor or 1stStrike with any remaining sums not so applied being returned to the buyer. A non-refundable storage fee of $100 per day per lot, will be charged to the buyer for any surplus materials remaining on the auction site's premises after one week.
9. Buyer shall be deemed to have inspected the premises and to be familiar with all conditions relative to removal of material.
10. The Auctioneer reserves the right to group lots, make lots smaller or to add or delete material at Auctioneer's sole discretion, as well as the right to offer individually and/or as a group. Auctioneer also reserves the right not to accept or acknowledge any bid which exceeds the previous bid by an amount less than the increase called for by the Auctioneer in the course of bidding.
Legal provisions, Terms, and Conditions of Services
This document is a legal agreement that describes the terms and conditions of use of the 1ststrike.com website and its services. All products and services on the 1ststrike.com website are provided in accordance with these terms and conditions
If you do not agree with all or part of the following provisions, you should contact us before you start using this site and its services. If you already use this site, it means that you agree to comply with the terms and conditions of services, and all of the following provisions are binding for you.
Your visiting the 1ststrike.com site, posting data, using the search engines or reading the information posted by third parties constitutes your automatic agreement to the rules set forth in the sections containing legal information.
1ststrike.com provides services of access to the information posted on pages of the site and the websites it links to, search services and advertising services related to product sales. References to sites and applications managed by third parties may be utilized in the search process.Our services represent buyers and sellers of goods and services.
1ststrike.com undertakes all reasonable effort to ensure that the information obtained through our site is authentic and reliable. However, 1ststrike.com does not guarantee reliability, quality or legality of products, validity of data, actual availability of advertised products, or prices of the advertised products.
1ststrike.com is not in position to act as a guarantee or to account for the improper fulfilment of their respective obligations by third party sellers and buyers of goods and services, the timeliness and security of payments, or the quality and quantity of the delivered products.
1ststrike.com is not a seller, intermediary, guarantor, pledger or pledgee, or other third party in transactions (transactions of sale, delivery, commission, pledge, barter or any other transactions of alienation of assets or titles for goods and services) except those transactions for which 1stStrike.com is expressly a principal. In the event of any real or potential claims, disagreements, legal proceedings or other conflicts, including those with governmental authorities, arise, 1ststrike.com (and all 1ststrike.com’s officers, directors, agents, subsidiaries, affiliates, employees, successors, assigns, content providers and service providers) shall be to the maximal possible extent provided by the law relieved of involvement in conflicts at any stages and in any forms, and of participation in legal proceedings, whether on the side of the plaintiff, defendant, third party or any other entity.
Personal use limitation
This agreement grants only the right of personal access to 1ststrike.com services. This limitation prohibits:
a. Unauthorized copying, modification, distribution, lease, giving out for rent, commercial hire or sale of information provided by 1ststrike.com;
b. Use of automatic data access tools except those offered by 1ststrike.com itself.
The information contained in the 1ststrike.com site is subject to intellectual property law and is protected by the United States law and treaty as well as international law. Any unauthorized use of this information may be harmful for its respective owners and may result in legal action. Only personal use of the information is allowed.
The services are provided "as is," without warranty of any kind. 1ststrike.com disclaims any warranties, express or implied, including any warranties of title, non-infringement, merchantability or fitness for a particular purpose.
Limited potential liability for the services
Neither 1ststrike.com nor any of its officers, directors, agents, subsidiaries, affiliates, employees, successors, assigns, content providers or service providers will be liable for any indirect, incidental, special or consequential damages arising out of use of the services, or inability to gain access to or use the services. 1ststrike.com will not be liable for any material of web sites it links to as part of the services or for information contained in or part of the services including but not limited to search results. In the event that the applicable law contains provisions that expand the limits of 1ststrike.com’s responsibility as compared with these limitations, then the provisions of the applicable law that maximally correspond to the limited potential liability for the services shall be used.
Modification of terms
1ststrike.com reserves the right to unilaterally modify without notice:
a. The terms of this agreement, as well as other terms stated in the legal provisions;
b. The quality and volume of the services provided, the website’s functionality and the data provision technologies;
c. The extent of the rights of users regarding the access to the information, the procedure of receiving it and the cost of the information.
1ststrike.com reserves the right to unilaterally rescind this agreement.
Arbitration and applicable law
All disputes, disagreements or claims that may arise out or in connection with this agreement which cannot be settled by negotiation shall be submitted to the applicable district court of the State of Alaska, U.S.A..
This agreement shall be subject to the law of Alaska, U.S.A.
Additional Terms and conditions for advertisers
This document is a legal agreement according to which 1ststrike.com provides you with advertising services aimed at promoting your goods and services among the 1ststrike.com site users. For more details, please see section advertising services on the terms and conditions stated below. As an advertiser, you automatically agree to these terms and conditions for advertisers, to specific terms and conditions corresponding to your needs, and terms and conditions of any additional agreements and forms that may be utilized. Any person (agents, representatives, employees, or any other person or entity) who acts on behalf of the advertiser shall also be bound by and shall bind the advertiser by the terms of this agreement.
The advertiser represents and warrants that he/she has sufficient authority to enter into this agreement. The advertiser represents and warrants that the information provided by the advertiser corresponds to the requirements of this agreement as stated below.
1ststrike.com is totally independent and is not economically or legally bound with any other corporate entity, brand owner or holding.
Tthe advertising services provided by 1ststrike.com consist in placing on the site the information about the advertiser’s products. The information will be posted through and by means of the technology developed by 1ststrike.com within the structured database that contains information about the advertiser’s products, the advertiser’s logotypes, special logotypes of products, links to the advertiser’s site, the advertiser’s advertising features and applications and any other data that can facilitate the surfer in getting to know the advertiser’s products and enable 1ststrike.com to introduce the advertiser’s products to the potential customer.
The price of the advertising service, if any, is stated in the agreement concluded between the advertiser and 1ststrike.com at the moment of purchasing services by the advertiser.
All advertising services shall be provided according to the procedure defined below:
a. The advertiser shall submit and confirm his request for advertising services by mail, fax, e-mail, or web form.
b. 1ststrike.com shall send a corresponding invoice to the advertiser.
c. The payments shall be made according to the invoice issued by 1ststrike.com.
d. Payments for advertising services can be made by wired bank transfer.
Website and information referencing
The following information (hereinafter referred to as the product information) can be posted on the pages of the 1ststrike.com site dedicated to the advertisers’ products:
a. Logotypes of advertisers;
b. Names, designations, registered names of the products and advertisers’ companies;
c. Audio and video materials;
d. Trademarks and service marks, both registered and non-registered or with registration pending;
e. Items of copyright accompanying the products;
f. Links to advertisers’ websites and the corresponding software and web applications;
g. Other protected data.
Information about the products shall be posted on the 1ststrike.com site by 1ststrike.com team only. No other person or entity (agents, representatives, employees, or any other persons or entities) shall have the right to directly post any information on behalf of the advertiser.
When information about the advertiser’s products is placed on the 1ststrike.com site, the advertiser shall agree that this information shall be provided to any interested persons for their personal use if a separate agreement between the advertiser and 1ststrike.com does not stipulate otherwise in respect to all or part of the information posted on the site. The advertiser agrees to the 1ststrike.com’s use of these items in all applications, databases, forms, pages and other constituents of the 1ststrike.com site. 1ststrike.com shall use the transferred items in accordance with this agreement and section intellectual property policy. Third parties that have access to the information about the advertisers are granted limited rights to use the information contained on the advertisers’ pages.
When the logotypes of advertisers and/or logotypes of services and/or products are posted on the 1ststrike.com site, the advertiser shall agree that such logotypes could be modified (changed in size and/or background colour) and placed on pages of the 1ststrike.com website in the original or modified variant., the advertiser can at any time require 1ststrike.com to remove or modify the advertiser’s logotype from the 1ststrike.com website by sending e-mail to 1ststrike.com.
The advertiser shall grant 1ststrike.com the right to access, index, cache and display the website(-s) links posted on 1ststrike.com, including the right to use any automated tools to this effect. This includes the right to create, display and copy the information about the products or part thereof that is contained on such a website.
When information about the advertiser’s products is posted on the 1ststrike.com site, the advertiser shall agree that only 1stStrike.com shall maintain personal access to the product information management tool on the 1ststrike.com site to be able to modify the information that the advertiser provides. The advertiser shall give an express consent that he/she will not use his/her personal information for other purposes, namely unauthorized copying, modification, distribution, lease, giving out for rent, commercial hire or sale of the information provided by 1ststrike.com, software and parts thereof, data bases and their structure; use of automated information access tools other than provided by 1ststrike.com itself; and unjustifiably high or disproportionate loading of 1ststrike.com resources.
The advertiser can at any time require 1ststrike.com to remove or modify any information about a specific listing. To do this, the advertiser should send the request by e-mail to 1ststrike.com.
Limited liability regarding information about products
a. 1ststrike.com’s liability regarding the protection of information about products is limited by the provisions of the above sections. This means in particular that;
b. 1ststrike.com shall not be held liable for the actions of third parties that violate or threaten violation of the advertisers’ rights to the information about products and any of its protected components;
c. 1ststrike.com shall not be held liable for the actions of third parties and possible damage incurred by advertisers in connection with the use of links to the advertisers’ websites as well as corresponding software and web applications posted on the 1ststrike.com site;
d. 1ststrike.com is neither responsible for the maintenance of the advertiser’s website(-s) nor for the content and validity of the materials and data located there;
e. 1ststrike.com is not responsible for order entry, payment processing, shipment, cancellations, returns of advertiser service concerning orders placed on advertisers’ website(-s).
Iv.6. Advertiser’s rights and responsibilities
The advertiser shall guarantee that the information about the products and other information posted by the advertiser on the 1ststrike.com site:
a. Does not violate laws and regulations;
b. Does not infringe in any manner intellectual property right or other rights for information of any third party;
c. Does not violate any contractual obligations, rights of publicity or privacy, does not do any damage to third parties, does not contain false or fraudulent data on the products and does not have indecent or offensive contents;
d. Complies with other legal requirements.
The advertiser shall not disclose, sell, use, license, reproduce or otherwise copy, transfer or otherwise make available to any person or entity the information received from 1ststrike.com, as well as the search results and all the knowledge, experience, information, records, ideas, concepts, business processes, contacts, leads, etc. Obtained from 1ststrike.com except as necessary in connection with the purpose for which such confidential information is disclosed to the advertiser or as required by applicable law.
The advertiser shall agree to take all reasonable measures to avoid disclosure of unauthorized use of confidential information.
The advertiser shall herewith agree that the advertiser shall use the services provided by 1ststrike.com at own risk. All the services, web-pages, applications, software and features are available “as is”, which means absence of any guarantees to the maximal legally permissible extent.
The advertiser shall agree that 1ststrike.com does not guarantee success or any result is consequence of the advertiser’s using the services, web-pages, applications, software and features of 1ststrike.com.
1ststrike.com does not guarantee operation of all systems, automated systems, services, web-pages, applications, software and features of 1ststrike.com and/or the sites linked to from the 1ststrike.com site.
In the event that the applicable law contains provisions that expand the limits of 1ststrike.com’s responsibility as compared with those stated above, then the provisions of the applicable law that maximally correspond to the section warranty disclaimer shall be used.
Limitation of liability
Any liability of 1ststrike.com for damages, losses, undrawn proceeds, fines or surcharges that have emerged as a result of the system’s non-operability through the fault of 1ststrike.com shall be restricted to the amount previously paid by the advertiser in accordance with this agreement during the latest one month. This liability does not extend to include any indirect, special, incidental, or consequential damages, arising out of this agreement, the use or inability to use 1ststrike.com services, web-pages, applications, software and features and/or the sites linked to from the 1ststrike.com site or for any breach of warranty. Neither does this liability extend to include action and/or non-action of third parties that have resulted in damages.
1ststrike.com is not liable for default or delay in the performance of its obligations, partially or in full, in the event that this default or delay in the performance of its obligations is caused by circumstances as a result of extraordinary events, beyond control of 1ststrike.com, which 1ststrike.com has not been able to foresee or prevent. As extraordinary events, 1ststrike.com understands fire, earthquake, epidemic, flood, storm, other natural phenomenon, war or war actions, acts of terrorism, internet outages, computer virus attacks, and decisions taken by state or executive power authorities which entail 1ststrike.com’s inability to execute its obligations.
Termination of agreement
This agreement can at any time be terminated by advertiser or by 1ststrike.com.
1ststrike.com may terminate this agreement on the grounds of the advertiser’s violation of this agreement and/or other agreements and policies, or infringement of the rights of third parties, or without specifying the reason.
This agreement shall be considered terminated from the moment of receiving a notification of termination of this agreement from the advertiser (in case of termination of the agreement on your part), or from the moment of 1ststrike.com’s sending a notification of termination of the agreement to the advertiser (in case of termination of the agreement on part of 1ststrike.com).
The advertiser shall not be obligated to effect payments in compliance with the payments section from the moment of termination of this agreement. The payments effected by the advertiser for 1ststrike.com services before that date shall not be reimbursed except for the cases when the termination of the agreement was initiated by 1ststrike.com and was not connected with violation of terms of this agreement on part of the advertiser. In the latter case, only the payments made in advance, i.e. Payments effected for services that actually have not been received yet, shall be reimbursed.
If for any reason the advertiser should not be satisfied with the service, the payments made by the advertisers shall be subject to reimbursement in full, less the bank commissions and fees, after receiving a correspondent notification of service termination sent by the advertiser by any convenient means. Such notification can be made within 30 days after the service activation. If the website does not receive such a notification from the advertiser within 30 days after the service activation, no refund can be claimed by the advertiser on the grounds of his dissatisfaction with the advertising services of the website.
In all instances of termination of this agreement in connection with a fraud or abuse perpetrated by the advertiser, 1ststrike.com shall have the right not to reimburse any payments made by the advertiser.
1ststrike.com shall contact the advertiser at the postal and/or e-mail addresses indicated by the advertiser during the registration process. The advertiser may receive various information from 1ststrike.com, including information connected with alteration of legal provisions. 1ststrike.com’s notification is considered to be delivered to you from the moment of sending such notification by 1ststrike.com to the contact addresses provided by the advertiser. The advertiser shall be solely and completely responsible for receiving (or non-receiving) 1ststrike.com’s notifications sent to the addresses indicated by the advertiser.
Should any part of the present agreement be found invalid or incomplete, it shall not affect the validity of the other parts or of the agreement as a whole. In this case, the parties shall conclude a supplementary agreement giving effect to a certain regulation, which is as close as possible to the one implied by the essence and purpose of the agreement instead of the invalid or incomplete requirements.
All previous correspondence and negotiations that have taken place between the advertiser and 1ststrike.com shall lose their force after the advertiser accepts this agreement.
Intellectual property policy
1ststrike.com protcts intellectual property rights of others and its own intellectual property.
Any information found on the 1ststrike.com site in any form (texts, pictures, sounds, melodies, etc. may be subject to copyright or industrial property right (patent, trademark, service mark and design). Such information is subject to restrictions for its use imposed by its owner and/or by law. Intellectual property objects are protected by laws of most countries.
The information from the 1ststrike.com site and the sites it links to should be treated carefully to avoid conflicts and legitimate claims on part of the information owners. Unauthorized copying of information from the 1ststrike.com site and the sites it links to, and using the information for commercial purposes is strictly forbidden.
1ststrike.com is registered under a jurisdiction that is a member of the international union 1ststrike.com adheres to the international intellectual property laws
Intellectual property of third parties.
1ststrike.com provides services for promotion of products, advertisement, marketing and other services.
1ststrike.com provides its advertisers with advertisement spots on the website. The advertisers are enabled to post information on 1ststrike.com pages about the advertised goods and services, logotypes, trade and service marks, slogans, audio pieces, links to other websites and other intellectual property objects.
Advertiser information on the 1ststrike.com website belongs to its respective brand owners. Unauthorized copying of information from the 1ststrike.com site and the sites it links to, and using the information for commercial purposes is strictly forbidden.
No third party can post information on the 1ststrike.com site on its own. However, third parties can suggest information for posting on the 1ststrike.com site by sending an e-mail to 1ststrike.com. This information may only be posted when approved by 1ststrike.com. Advertisers may provide the content regarding their respective brands to be published on the 1ststrike.com site. 1ststrike.com shall check the relevance of this content and publish it if the advertiser pays for the corresponding advertising services. 1ststrike.com shall post advertising information about the advertiser only after receiving a final approval from the advertiser for publishing this information on the 1ststrike.com site.
All the information is posted on the 1ststrike.com website only on consent of its owners. 1ststrike.com makes no representation regarding the validity of rights claimed by advertisers to the information presented by them on 1ststrike.com. Therefore 1ststrike.com disclaims any responsibility for the infringement of rights of third parties.
Limitation of 1ststrike.com’s liability regarding infringement of rights to information and intellectual property rights
1ststrike.com shall not be held liable for any infringement of the rights to information and intellectual property rights. Nevertheless it undertakes a commitment in every case of receiving a notification of infringement of intellectual property rights to expeditiously take all reasonable measures to investigate such cases, inform interested persons and remove/change the false information in accordance with the requirements of its owner.
If in the process of posting information about the advertiser’s company, logotypes, trade and service marks, and intellectual property objects the advertiser has doubts in the legitimacy of such actions in terms of intellectual property ownership, the advertiser should abstain from such actions.
In the event of disagreements regarding the infringement of rights to intellectual property objects, 1ststrike.com does not assume the role of arbitration. Disagreements of this nature should be settled between the conflicting parties.
This website contains links to websites operated by parties other than 1ststrike.com. These links are provided for convenience only. 1ststrike.com has no control over and will accept no responsibility or liability in respect to the materials on any website that is not under the control of 1ststrike.com.
1ststrike.com intellectual property
All page contents of this website are the intellectual property of 1ststrike.com unless otherwise stated, except for:
a. The brand name logos [text(-s) and visual(-s)], which belong to their respective owners;
b. All information and materials provided directly by the advertisers.
Reproduction and copying other than corresponding to the herein contained full copyright notice and limited reproduction permissions is prohibited.
License to copy for personal use
a. Printing extracts from these pages or downloading them to a local hard disk may take place for personal use only.
License to recopy for limited purposes
You may recopy the material to individual third parties for their personal information only, but only if:
a. You acknowledge the 1ststrike.com web page as the source of the material. You must include such acknowledgement and the 1ststrike.com web address (http://www.1ststrike.com) in the copy of the material; and
b. You inform the third party that these conditions apply to him or her and that he or she must comply with them.
This license to recopy does not permit incorporation of the material or any part of it in any other work or publication, whether in hard copy or electronic or any other form. In particular (but without limitation), no part of the 1ststrike.com web pages may be distributed or copied for any commercial purpose.
No part of the 1ststrike.com web pages may be reproduced on or transmitted to or stored in any other web site or other form of electronic retrieval system.