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terms of use
Last Updated July 2023
Please read these Terms of Use (“Agreement” or “Terms of Use”) carefully before using the website, mobile applications, or other services offered by Texas Game Exchange, LLC and its subsidiaries (collectively, “TGE”). This Agreement sets forth the legally binding terms and conditions for your use of the website at www.texasgameexchange.com, mobile applications, and other services provided by TGE (collectively, “Services”).
Whether you are a visitor, seller, buyer, or other user of the Services (collectively, “users” or “you”), by using the Services in any manner, including but not limited to clicking to accept or agree to these Terms of Use when the option is made available to you, you agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Services. If you are a buyer or seller, you will be required to agree to supplementary terms governing your use of the TGE platform.
This Agreement contains an arbitration provision and a waiver of class action rights, set forth in Sections 20 and 21 below. By agreeing to arbitration, each party waives its rights to have any claims heard in court by a judge or jury. By agreeing to waive class action rights, each party agrees to assert claims against the other party only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Changes to the Terms of Use
TGE reserves the right to revise and update this Agreement and any other policies at any time in our sole discretion. All such changes are effective immediately when they are posted or provided within the Services. Your continued use of the Services after any such changes are posted or otherwise provided means that you accept and agree to the changes, and you are expected to review this Agreement and other policies frequently. If TGE makes a material change, TGE may notify you here, by email, by means of a notice on our home page, or by other means TGE deems appropriate. What constitutes a “material change” will be determined at TGE’s sole discretion, in good faith, and using common sense and reasonable judgment.
If you have any questions, please refer to the help section of the Services or contact us at info@texasgameexchange.com.
Membership Eligibility and Account Security
Services are available only to, and may only be used by, individuals who are 18 years and older who reside in the United States and can form legally binding contracts under applicable law. You represent and warrant that you meet all of the foregoing eligibility requirements and that all registration information you submit is accurate and truthful. TGE may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in those jurisdictions.
You acknowledge and agree that you must create a user account to have access to certain of the Services. In creating a user account, you agree that you shall (i) provide true, accurate, current and complete information about yourself as prompted by the registration or subscription process (such information, the “Registration Data”), and (ii) maintain and promptly update the Registration Data to ensure that it is true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, TGE may, at its sole discretion, suspend or terminate your user account and refuse any and all current or future use of the Services or any portion thereof.
You agree to comply with all local laws regarding online conduct and acceptable content, as well as all other operating rules, policies and procedures that may be published from time to time on the Services by TGE, each of which is incorporated herein by reference and each of which may be updated by TGE from time to time without notice to you.
In addition, some services offered by TGE may be subject to additional terms and conditions issued by TGE or a third party; your use of those services is subject to the additional terms and conditions, which are incorporated into this Agreement by this reference. With the exception of the Bidder Registration Agreement, in the event of any inconsistency between this Agreement and such additional terms and conditions, this Agreement shall prevail. In the event of any inconsistency between this Agreement and the Bidder Registration Agreement, the Bidder Registration Agreement shall prevail.
Keep your password secure. You are entirely responsible for the security and confidentiality of your user account and password. You are fully responsible for all activity that occurs under your username and password, including any liability or damage resulting from your failure to keep your password confidential. You agree to immediately notify TGE of any unauthorized use of your password or any breach of security. You also agree that TGE cannot and shall not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than TGE without TGE’s prior express written permission.
You must keep your account information up-to-date and accurate at all times, including a valid email address.
Services are not available to temporarily or permanently banned users. TGE reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. TGE reserves the right to refuse service to anyone, for any reason, at any time.
Access to Property
If you are a buyer or seller, you hereby consent to the access of TGE and its appointed representatives to your property for purpose of retrieving or delivering animals. You may be required to fill out and submit the “Access Form” to allow TGE and its appointed representatives access to your dwelling if you are not present.
You are solely responsible for allowing access to TGE and its appointed representatives. If TGE is not able to access your Property, you may be responsible for additional charges related to delivery or retrieval
Privacy and Information Practices
All information collected via the Services is subject to TGE’s Privacy Policy, available at www.texasgameexhcange.com/privacy (the “Privacy Policy”), which is incorporated herein by this reference. By accessing or using the Services, or otherwise agreeing to this Agreement, you acknowledge that you have read and understand the Privacy Policy and consent to the treatment of your information in accordance with the Privacy Policy.
Consent to Photographs
You hereby consent to TGE and its appointed representatives taking photographs of your property and animals on your property in connection with the provision of the Services.
Consent to Use Name, Likeness and Photographs
TGE may seek your consent to use photographs of your property or that include your likeness, or to use your biographical information, correspondence or endorsements regarding the Services, or other materials that identify you personally relating to your use of the Services (collectively, “User Marketing Materials”). If you consent to TGE’s use of such User Marketing Materials, you grant to TGE a non-exclusive, perpetual, royalty-free, fully paid up, worldwide, fully sublicensable right and license to use, reproduce, display, distribute, make derivative works of and otherwise use the User Marketing Materials, including information that may identify you personally, for any lawful trade, marketing, promotional or advertising purpose in connection with TGE’s services, anywhere in the world, in any medium, whether now known or later developed, including but not limited to social media platforms such as Facebook, Instagram and Twitter.
Additionally, if you consent to TGE’s use of such User Marketing Materials, you (i) waive any legal right to inspect, approve or receive additional compensation for any use of your name, likeness, biographical material, correspondence or endorsement and (ii) expressly release TGE and its officers, employees, agents and licensees from and against any and all past, present and future claims for compensation or liability that your or your successors, assigns or estate may have for violation of the right of privacy or publicity, defamation, libel or any other claim or cause of action arising out of the use of your name, likeness, biographical material, correspondence or endorsement.
If you would like to revoke your consent with respect to TGE’s future use of any User Marketing Materials under this section, you may make such request by sending an e-mail to info@texasgameexchange.com.
Prohibited, Questionable and Infringing Activities
You are solely responsible for your conduct and activities on and regarding to the Services and any and all information that you submit, post, upload, and display on the Services.
Your use of the Services shall not:
- be false, inaccurate, or misleading, including with respect to information that you provide about yourself.
- infringe upon any third-party’s intellectual property rights or rights of publicity or privacy.
- violate this Agreement, any website policy or community guidelines, or any applicable law, statute, ordinance or regulation.
- be defamatory, libelous, threatening, or harassing, impersonate or intimidate any person or group (including Company staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device.
- take any action that may undermine online reviews or feedback.
- be obscene, contain child pornography, or be racially, sexually, religiously, or otherwise offensive.
- be used to develop competing products or services, or to provide information about or from the Services to a competitor of TGE.
- be for your, or your employer’s or other third party’s, benefit or commercial gain, or for commercial solicitation purposes, in a manner that is not expressly permitted hereunder or by TGE or
- contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Access and Interference
The Services may contain robot exclusion headers which contain internal rules for software usage. You agree that you shall not use any robot, spider, scraper or other automated means to access the Services for any purpose whatsoever, except to the extent expressly permitted in writing by TGE. Additionally, you agree that you shall not:
- take any action that imposes, or may impose, in TGE’s sole discretion, an unreasonable or disproportionately large load on the Services or TGE’s infrastructure.
- copy, reproduce, modify, create derivative works from, distribute or publicly display any user information (except your own).
- interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services.
- gain or attempt to gain unauthorized access to the Services.
- bypass robot exclusion headers relating to the Services or other measures TGE may use to prevent or restrict access to the Services; or
- disrupt or attempt to disrupt the Services or any aspect of thereof, the servers from which the Services are operated or any server, computer or database connected to the Services.
Monitoring and Enforcement
TGE reserves the right, but is not obligated, to:
- issue a warning to a user, or refuse, terminate or suspend a user’s access to all or part of the Services for any or no reason, including, without limitation, any violation of this Agreement, including those prohibited uses described herein. or
- remove or refuse to post any user information or content for any reason or no reason, in its sole discretion.
- ● warn TGE’s community of a user’s action.
- disclose your identity or other information about you to any third party who claims that your use of the Services violates his or her rights, including their intellectual property rights or their right to privacy.
- take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; or
- disrupt or attempt to disrupt the Services or any aspect of thereof, the servers from which the Services are operated or any server, computer or database connected to the Services.
- take any other action with respect to any user conduct that TGE deems necessary or appropriate in its sole discretion, including if Company is unable to verify or authenticate any of a user’s information, or believes that a user conduct (i) violates this Agreement, including those prohibited uses described herein; (ii) infringes or violates any intellectual property right or other right of any person or entity, or may result in criminal or civil action under applicable law or regulation; (iii) threatens the personal safety of users of the Services or the public; (iv) could create liability or financial loss for users or for Company; or (iv) is unlawful, offensive, abusive, harmful, malicious or otherwise constitute a misuse of the Services.
Without limiting the foregoing, TGE has the right to fully cooperate with any law enforcement authorities or court order requesting or directing disclosure of the identity of any users of the Services or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS TGE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TGE DURING, OR AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER TGE OR LAW ENFORCEMENT AUTHORITIES.
You acknowledge and agree that, at TGE’s discretion, TGE or technology that it employs may monitor and/or record your interactions with the Services.
TGE does not and cannot undertake to review all user information and content that is submitted via the Services, and TGE cannot ensure prompt removal of incorrect or objectionable material from the Services. Accordingly, TGE assumes no liability for any action or inaction regarding such user information or content, including but not limited to any transmissions, communications, or content provided by any user or third party. TGE shall have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
If you become aware of any misuse of the Services, you agree that you shall promptly contact TGE to report such misuse, at info@texasgameexchange.com.
Payment Terms
Any fees which TGE may charge you for the Services are due immediately upon completion of the applicable Service provided to you, and such fees are non-refundable. This no refund policy shall apply at all times regardless of (i) your decision to terminate your usage, (ii) TGE's decision to terminate your usage, (iii) disruption caused to our Services either planned, accidental or intentional, or (iv) any reason whatsoever. TGE reserves the right to determine final prevailing pricing. Please note the pricing information published on the website may not reflect the prevailing pricing.
TGE, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. TGE may change the fees for our Services as we deem necessary for our business. We encourage you to check back at our website periodically if you are interested about how we charge for the Services.
License Grant & Restrictions
TGE hereby grants you a non-exclusive, non-transferable, limited, revocable right to access and use the Services, solely for the purposes for which the services are provided and in accordance with the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by TGE and its licensors.
You shall not, without TGE’s prior express written permission, (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way; (ii) modify or make derivative works based upon the Services or any materials available via the Services; (iii) create Internet “links” to the Services or “frame” or “mirror” the Services within other websites; (iv) reverse engineer the Services; (v) access the Services in order to (A) build a competitive product or service, (B) build a product using similar ideas, features, functions or graphics of the Services, or (C) copy any ideas, features, functions or graphics of the Services, or (vi) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation or performance of the Services.
Intellectual Property Ownership
TGE alone (and its licensors, where applicable) own and shall retain all right, title and interest, including all related intellectual property rights, in and to the Services, including without limitation all information, software, text, displays, images, video and audio, and the design,selection and arrangement thereof, and such materials are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by TGE or its licensors. TGE name, logo and product and service names associated with the Services are trademarks of TGE or third parties, and no right or license is granted to use them. No right, title or interest in or to the Services or materials provided therewith is granted or transferred to you except as expressly set forth herein, and all rights not expressly granted herein are reserved by TGE. Any use of the Services or materials provided therewith that is not expressly permitted by this Agreement constitutes a breach of this Agreement and may violate copyright, trademark or other applicable laws.
Feedback
Any suggestions, ideas, proposals or other material submitted to by you to TGE relating to the Services (“Feedback”) shall be non-confidential and non-proprietary, and TGE shall not be liable for the disclosure or use of any Feedback. You hereby grant and agree to grant TGE a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, make, use, copy, publish, distribute, further develop, modify and otherwise exploit Feedback for any purpose, commercial or otherwise, without compensation or accounting to you and without further recourse by you.
No License to Others’ Personal Information
As part of using the Services, you may obtain personal information, including email addresses, from other users. Without obtaining prior permission from the user, this personal information will only be used for Services-related communications. TGE has not granted you a license to use the information for unsolicited commercial messages or unauthorized transactions. Without limiting the foregoing, without express consent from the user, you are not licensed to add, and you shall not add, any user to your email or physical mail list.
Information Control and Accuracy of Information
TGE does not control the information provided by users. Some information provided by users may be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with foreign nationals. By using the Services, you agree to accept these risks and that TGE (and its officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users of the Services.
TGE reserves the right to add, modify, disable or remove contents or information from the Services at any time and in its sole discretion, with or without notice to any user. Contents and information made available via the Services are not necessarily complete, accurate or up to date, and TGE is under no obligation to correct or update such material.
To the extent that the Services include content provided by third parties, including, but not limited to, other users, or licensed from third parties, such third-party content suppliers are solely responsible for the statements and opinions, and the accuracy and completeness of the content they make available through the Services. Such content provided by third parties does not necessarily reflect the opinions of TGE. TGE is not responsible for the availability of outside websites or resources linked to or referenced on the Services. TGE does not endorse and is not responsible or liable for any content, advertising, products, or other materials made available by third parties or from third-party websites or resources. You agree that TGE is not and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available made available by third parties or on or through any third-party websites or resources.
No Warranty
To the fullest extent permitted by applicable law, TGE and its subsidiaries, officers, directors, employees, and suppliers provide the services "as is," "as available," and without any warranty or condition, whether express, implied, or statutory, and TGE and its subsidiaries, officers, directors, employees, and suppliers specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, title, performance, and non-infringement. In addition, no advice or information (oral or written) obtained by you from TGE shall create any warranty. Without limiting the foregoing, TGE makes no representations or warranties of any kind as to the accuracy or completeness of any information presented via the services; uninterrupted or error-free access to or operation of the services; security or performance of the services; existence or absence of any defects in the services; or compatibility of the services with any equipment or software. You assume full responsibility and risk of loss resulting from your use of the services and from the use of content, information, or other materials obtained via the services.
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You may also have other legal rights that vary from state to state.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will TGE or its subsidiaries, officers, directors, employees, agents, or suppliers be liable to you or any third party in connection with this agreement or its subject matter, under any legal theory, including breach of contract, tort (including negligence), strict liability, or otherwise, for: (I) Any consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages; (II) Your use of the services or any impairment, delay, or other interruption in the services or your ability to use the services; (III) Loss of business, revenue, or profit, diminution in value, or other economic loss; (IV) Harm to reputation or goodwill; (V) Loss, damage, corruption, or recovery of data, or breach of data or information security; (VI) Content, accuracy, or completeness, or any errors in or omissions from any materials included in or made available via the services; (VII) Services provided by any third party even if obtained or arranged by use of the services; or (VIII) Content retrieved from the internet even if retrieved or linked to, from or within the services, In each case regardless of whether TGE was advised of the possibility of such losses or damages, or such losses or damages were otherwise foreseeable, and notwithstanding the failure of any agreed or other remedy of its essential purpose.
TGE's liability, and the liability of its subsidiaries, officers, directors, employees, agents, and suppliers, to you or any third party in any circumstance is limited to the greater of: (A) The amount of fees you pay to TGE in the twelve (12) months prior to the action giving rise to liability, and (B) One hundred U.S. dollars ($100). All claims against each of TGE and its subsidiaries, officers, directors, employees, agents, and suppliers with respect to any liability related to this agreement or its subject matter shall be aggregated to determine satisfaction of such limit, and the existence of more than one claim shall not enlarge or expand the foregoing limitation.
The preceding limitations remain in effect regardless of the failure of any agreed-upon or alternative remedy to achieve its essential purpose. Some states may not permit the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Indemnity
You agree to indemnify and hold harmless TGE and its parent, subsidiaries, affiliates, officers, directors, agents, employees, successors and assigns from and against any and all losses, damages, obligations, liabilities, costs, debt and expenses, including, but not limited to, attorneys’ fees, incurred in connection with any claim, demand or action made by any third party arising out of or relating to (i) your breach of this Agreement; (ii) any content or information you make available via the Services; (iii) your violation of any law or the rights of a third party, including, but not limited to, any intellectual property or privacy right; or (iv) negligence or any more culpable act or omission (including recklessness or willful misconduct) by you in connection with this Agreement or its subject matter. This indemnification obligation shall survive this Agreement and your use of the Services.
No Guarantee
TGE does not guarantee continuous, uninterrupted access to the Services, and operation of the Services may be interfered with by numerous factors outside TGE’s control.
TGE Provides a Platform
TGE acts as a platform to allow buyers and sellers who comply with TGE’s policies to connect with other users who may desire Services. While TGE may take reasonable actions, as determined in its sole discretion, to review or confirm the quality of services provided by such service professionals or the accuracy of information provided by users, TGE ultimately has no control over, and hereby disclaims all liability for, the buyers and sellers or the truth or accuracy of the information provided by users, or the ability of service professionals to complete the services in a timely manner, if at all. TGE cannot guarantee the true identity, age, and nationality of a user. You agree that TGE provides a platform and as such is not responsible or liable for any Services or other content posted by you, other users, or third parties on the Services.
Dispute Resolution and Release
- Disputes between Users. TGE is not responsible for your interactions with other users. Any dispute between you and another user must be resolved between yourselves. TGE reserves the right, but does not and shall not have any obligation, to monitor disputes between users. You hereby release TGE (and its officers, directors, agents, subsidiaries, joint ventures, employees and agents) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes between one or more users.
- Disputes between you and TGE. Except as expressly set forth herein, you and TGE each agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) shall be settled exclusively by binding arbitration between you and TGE, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of a party’s intellectual property rights or disclosure of confidential information. You acknowledge and agree that you and TGE are each waiving the right to a trial by jury. This “Dispute Resolution” section shall survive any termination of this Agreement
The arbitration shall be administered by the American Arbitration Association (“AAA”) or its successor in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, or other applicable rules as determined by the arbitrator, except as modified by this “Dispute Resolution” section. The Federal Arbitration Act shall govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator shall be either a retired judge or an attorney licensed to practice law in the state of Texas and shall be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven days of delivery of the Demand for Arbitration, then the AAA shall appoint the arbitrator in accordance with the AAA Rules.
Unless you and TGE otherwise agree, the arbitration shall be conducted in Austin, Texas in the English language. If your claim does not exceed ten thousand U.S. dollars ($10,000), then the arbitration shall be conducted solely on the basis of documents you and TGE submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds ten thousand U.S. dollars ($10,000), your right to a hearing shall be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator shall have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator shall render an award within the time frame specified in the AAA Rules. The arbitrator’s decision shall include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section herein as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The arbitration shall be confidential, and neither you nor TGE may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. Each party shall pay its own attorneys’ fees and expenses unless applicable law requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the arbitrator in accordance with applicable law.
Waiver of Class and Collective Actions
To the fullest extent permitted by applicable law, YOU AND TGE AGREE THAT (I) ANY CLAIM OR CAUSE OF ACTION BROUGHT BY YOUR OR TGE AGAINST THE OTHER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR USE OF THE SERVICES SHALL NOT BE ASSERTED AS A CLASS ACTION OR COLLECTIVE ACTION, WHETHER IN ARBITRATION, COURT OR ANY OTHER FORUM; AND (II) UNLESS YOU AND TGE OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, NOT OTHERWISE PRESIDE OVER ANY FORUM OF A REPRESENTATIVE OR CLASS PROCEEDING AND MAY NOT AWARD CLASS-WIDE RELIEF. Disputes between the parties arising out of or relating to this Agreement or use of the Services shall be resolved only on an individual basis and shall not be joined or consolidated with any other proceeding that involves any claim or controversy of any other party. Neither party shall have a right to resolve such disputes on a class action basis or on any basis involving such disputes brought in a purported representative capacity on behalf of other persons or entities similarly situated or the general public.
Limitation of Time to File Claims
Each party agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to this Agreement or use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Notice and Consent to Electronic and Marketing Communications
- Notice to TGE. Unless otherwise specified herein, all notices to TGE shall be in writing and shall be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to info@texasgameexchange.com.
- Consent to Receive Communications in Electronic Form. For purposes of providing notice to you as required by contractual or applicable law or regulation, you hereby (i) consent to receive such notice from TGE in electronic form, including, without limitation, by sending email to an email address linked to your user account with TGE or by sending SMS messages or other messages to a mobile phone number linked to your user account with TGE, and (ii) agree that all terms and conditions, agreements, notices, disclosures and other communications that TGE provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Further, you hereby agree that any notice provided to you by TGE in such electronic form was provided with your consent and satisfied any such legal requirements as if such communication was in writing. You may opt-out of receiving text messages by replying “STOP” from the mobile device receiving the messages.
- Consent to Receive Marketing Communications in Electronic Form. By agreeing to this Agreement, you hereby consent to receive, and authorize TGE to contact you with, marketing and other non-emergency communications, including but not limited to autodialed, prerecorded or otherwise automated calls or text messages directed to your phone or mobile number as provided to TGE. Further, you hereby agree that any such communications that have been sent to you by TGE were sent to you with your consent. You agree and acknowledge that message frequency may vary and occur at unpredictable intervals, and that messaging and data rates may apply to such communications. You agree and acknowledge that you may revoke your consent to future such communications at any time by sending e-mail to info@texasgameexchange.com.
Miscellaneous
TGE may assign or delegate this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under this Agreement without TGE’s prior written consent, and any unauthorized assignment or delegation by you is ineffective. If any provision of this Agreement is held unenforceable, then the provision will be modified to reflect the parties’ intention, and all remaining provisions of this Agreement shall remain in full force and effect. You and TGE are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. TGE reserves the right to modify or terminate the Services for any reason, without notice, at any time. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of law rules. The failure of either party to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. No wavier of TGE’s rights under this Agreement shall be valid or effective except by a written agreement bearing the physical signature of an officer of TGE. No purported waiver or modification of this Agreement by TGE via telephonic or electronic communications shall be valid. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Contact TGE
The Services are provided and operated by Texas Game Exchange, LLC, 5900 Balcones Drive, STE 4000 Austin, TX 78731 All questions, comments, concerns, requests for technical assistance and communications may be directed to TGE at the address above, or by email at info@texasgameexchange.com provided, however, that any comments, ideas, suggestions, analysis, requested modifications and improvements to the Services shall constitute Feedback in accordance with this Agreement.
Buyer Registration Agreement
This Buyer Registration Agreement (the "Agreement") is entered into between Texas Game Exchange, LLC (the "TGE") and the Buyer (the "Buyer") upon registration to bid on the online auction platform provided by TGE. This Agreement sets forth the legally binding terms and conditions for your use of the website at www.texasgameexchange.com, mobile applications, and other services provided by TGE (collectively, “Services”). TGE provides Buyers and Sellers with a platform to enable the sales of certain animals and other goods (collectively, “Items”)
Acceptance of Terms
By signing this agreement and accessing the online auction platform, the Buyer agrees to be bound by both (i) the terms and conditions set forth in this Agreement and (ii) the TGE Terms and Conditions available at www.texasgameexhcange.com/terms (the “TGE Terms”), which is incorporated herein by this reference. If the User does not agree to these terms, they shall refrain from using the platform. To the extent that this agreement conflicts with the TGE Terms, this agreement shall prevail.
Membership Eligibility and Account Security
Services are available only to, and may only be used by, individuals who are 18 years and older who reside in the United States and can form legally binding contracts under applicable law. Buyer represents and warrants that Buyer meets all of the foregoing eligibility requirements and that all registration information submitted by buyer is accurate and truthful. TGE may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in those jurisdictions.
Buyer acknowledges and agrees that Buyer must create a user account to have access to certain of the Services. In creating a user account, Buyer agrees that Buyer shall (i) provide true, accurate, current and complete information about Buyer as prompted by the registration or subscription process (such information, the “Registration Data”), and (ii) maintain and promptly update the Registration Data to ensure that it is true, accurate, current and complete. If Buyer provides any information that is untrue, inaccurate, not current or incomplete, TGE may, in its sole discretion, suspend or terminate Buyer’s user account and refuse any and all current or future use of the Services or any portion thereof.
Buyer agrees to comply with all local laws regarding online conduct and acceptable content, as well as all other operating rules, policies and procedures that may be published from time to time on the Services by TGE, each of which is incorporated herein by reference and each of which may be updated by TGE from time to time without notice to Buyer.
In addition, some services offered by TGE may be subject to additional terms and conditions issued by TGE or a third party; Buyer’s use of those services is subject to the additional terms and conditions, which are incorporated into this Agreement by this reference. With the exception of the Buyer Registration Agreement, in the event of any inconsistency between this Agreement and such additional terms and conditions, this Agreement shall prevail. In the event of any inconsistency between this Agreement and the Buyer Registration Agreement, the Buyer Registration Agreement shall prevail.
Buyer shall keep their password secure. Buyer is entirely responsible for the security and confidentiality of Buyer’s user account and password. Buyer is fully responsible for all activity that occurs under Buyer’s username and password, including any liability or damage resulting from Buyer’s failure to keep Buyer’s password confidential. Buyer agrees to immediately notify TGE of any unauthorized use of Buyer’s password or any breach of security. Buyer also agrees that TGE cannot and shall not be liable for any loss or damage arising from Buyer’s failure to keep Buyer’s password secure. Buyer agrees not to provide Buyer’s username and password information in combination to any other party without TGE’s prior express written permission.
Buyer must keep Buyer’s account information up-to-date and accurate at all times, including a valid email address.
Services are not available to temporarily or permanently banned users. TGE reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. TGE reserves the right to refuse service to anyone, for any reason, at any time.
Bidding and Purchasing
(a) Bidding Conduct: The Buyer agrees to conduct themselves in a professional and ethical manner while participating in the online auctions. This includes, but is not limited to, refraining from engaging in fraudulent, deceptive, or manipulative bidding practices. (b) Payment Obligations: The Buyer shall honor all financial obligations resulting from successful bids and purchases made on the platform, including payment of the bid amount, applicable fees, and any additional costs such as taxes or shipping fees. Placing a bid or purchasing a listing represents a binding contract between the Buyer and the seller. If the Buyer places a bid in error, the Buyer shall notify TGE in writing within 1 hour of the bid being placed. TGE will provide Buyer with an invoice following the closing of an auction. Buyer shall remit payment for any winning bids immediately after an auction is closed. Payments may be made via wire transfer, direct deposit, bank certified check, or ACH to Texas Game Exchange, LLC. All credit card charges will be assessed a 2.25% processing fee based on the purchase price of the Item(s). (c) Payment Defaults: If Buyer fails to make payment within 24 hours of auction close, TGE may terminate the agreement of sale of and sell the Items to another party. In the event that TGE is able to successfully complete a sale of the Item to another buyer within 48 hours, Buyer shall be obligated to pay TGE 10% of their of the final bid. In the event that TGE is not able to successfully complete a sale of the Item to another buyer within 48 hours of the auction completion, the Buyer shall be obligated to pay TGE the full listing price, plus any direct costs incurred by TGE including transportation, collection fees, and legal fees. Buyer authorizes TGE to charge Buyer’s credit card for the Declined Sale Fee or any other fees listed under Payment Defaults. (d) Transfer of Ownership: Ownership of Items transfers from the Seller to the Buyer the moment that an Item departs the property of TGE or the Seller following the completed sale. Once an ownership of an Item is transferred to Buyer, Buyer is fully responsible for the Item. Seller may grant a limited warranty of the items which, if applicable, will be detailed in a supplemental notice.
Transportation and Delivery
Buyer shall arrange for delivery within 24 hours of the auction close; although the date of delivery may extend beyond 24 hours of the auction close. TGE may charge a Boarding Fee for animals not delivered within 72 hours of Auction Close. TGE may assist Buyer in arranging for delivery for a charge. Buyer represents and warrants that all animals purchased through TGE shall remain in the state of Texas. Buyer shall not transport any animals purchased through or affiliated with TGE outside of the state of Texas.
No Warranty
To the fullest extent permitted by applicable law, TGE and its subsidiaries, officers, directors, employees, and suppliers provide the services "as is," "as available," and without any warranty or condition, whether express, implied, or statutory. TGE and its subsidiaries, officers, directors, employees, and suppliers specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, title, performance, and non-infringement. Furthermore, no advice or information (oral or written) obtained by the buyer from TGE shall create any warranty. Without limiting the foregoing, TGE makes no representations or warranties of any kind as to: The accuracy or completeness of any information presented via the services. Uninterrupted or error-free access to or operation of the services. Security or performance of the services. Existence or absence of any defects in the services. Compatibility of the services with any equipment or software. The buyer assumes full responsibility and risk of loss resulting from their use of the services and from the use of content, information, or other materials obtained via the services. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to the buyer. The buyer may also have other legal rights that vary from state to state.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will TGE or its subsidiaries, officers, directors, employees, agents, or suppliers be liable to the buyer or any third party in connection with this agreement or its subject matter, under any legal theory, including breach of contract, tort (including negligence), strict liability, or otherwise, for: (I) Any consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages. (II) Buyer's use of the services or any impairment, delay, or other interruption in the services or buyer's ability to use the services. (III) Loss of business, revenue, or profit, diminution in value, or other economic loss. (IV) Harm to reputation or goodwill. (V) Loss, damage, corruption, or recovery of data, or breach of data or information security. (VI) Content, accuracy, or completeness, or any errors in or omissions from any materials included in or made available via the services. (VII) Services provided by any third party even if obtained or arranged by use of the services. (VIII) Content retrieved from the internet even if retrieved or linked to, from or within the services. This applies regardless of whether TGE was advised of the possibility of such losses or damages, or whether such losses or damages were otherwise foreseeable, and notwithstanding the failure of any agreed or other remedy to achieve its essential purpose. TGE's liability, and the liability of its subsidiaries, officers, directors, employees, agents, and suppliers, to the buyer or any third party in any circumstance is limited to the greater of: (A) The amount of fees buyer pays to TGE in the twelve (12) months prior to the action giving rise to liability, and (B) One hundred U.S. dollars ($100). All claims against each of TGE and its subsidiaries, officers, directors, employees, agents, and suppliers with respect to any liability related to this agreement or its subject matter shall be aggregated to determine satisfaction of such limit, and the existence of more than one claim shall not enlarge or expand the foregoing limitation. These limitations remain in effect regardless of the failure of any agreed-upon or alternative remedy to achieve its essential purpose. Some states may not permit the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to the buyer.
Indemnity
Buyer agrees to indemnify and hold harmless TGE and its parent, subsidiaries, affiliates, officers, directors, agents, employees, successors and assigns from and against any and all losses, damages, obligations, liabilities, costs, debt and expenses, including, but not limited to, attorneys’ fees, incurred in connection with any claim, demand or action made by any third party arising out of or relating to (i) Buyer’s breach of this Agreement; (ii) any content or information Buyer makes available via the Services; (iii) Buyer’s violation of any law or the rights of a third party, including, but not limited to, any intellectual property or privacy right; or (iv) negligence or any more culpable act or omission (including recklessness or willful misconduct) by Buyer in connection with this Agreement or its subject matter. This indemnification obligation shall survive this Agreement and Buyer’s use of the Services.
No Guarantee
TGE does not guarantee continuous, uninterrupted access to the Services, and operation of the Services may be interfered with by numerous factors outside TGE’s control.
Dispute Resolution and Release
- Disputes between Users. TGE is not responsible for Buyer’s interactions with other users. Any dispute between Buyer and another user must be resolved between Buyer and the other user. TGE reserves the right, but does not and shall not have any obligation, to monitor disputes between users. Buyer hereby releases TGE (and its officers, directors, agents, subsidiaries, joint ventures, employees and agents) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes between one or more users.
- Disputes between Buyer and TGE. Except as expressly set forth herein, Buyer and TGE each agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) shall be settled exclusively by binding arbitration between Buyer and TGE, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of a party’s intellectual property rights or disclosure of confidential information. Buyer acknowledges and agree that Buyer and TGE are each waiving the right to a trial by jury. This “Dispute Resolution” section shall survive any termination of this Agreement.
The arbitration shall be administered by the American Arbitration Association (“AAA”) or its successor in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, or other applicable rules as determined by the arbitrator, except as modified by this “Dispute Resolution” section. The Federal Arbitration Act shall govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator shall be either a retired judge or an attorney licensed to practice law in the state of Texas and shall be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven days of delivery of the Demand for Arbitration, then the AAA shall appoint the arbitrator in accordance with the AAA Rules.
Unless Buyer and TGE otherwise agree, the arbitration shall be conducted in Austin, Texas in the English language. If Buyer's claim does not exceed ten thousand U.S. dollars ($10,000), then the arbitration shall be conducted solely on the basis of documents Buyer and TGE submit to the arbitrator, unless Buyer requests a hearing or the arbitrator determines that a hearing is necessary. If Buyer's claim exceeds ten thousand U.S. dollars ($10,000), Buyer's right to a hearing shall be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator shall have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator shall render an award within the time frame specified in the AAA Rules. The arbitrator’s decision shall include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section herein as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The arbitration shall be confidential, and neither Buyer nor TGE may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.
Buyer's responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. Each party shall pay its own attorneys’ fees and expenses unless applicable law requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the arbitrator in accordance with applicable law.
Waiver of Class and Collective Actions
To the fullest extent permitted by applicable law, Buyer and TGE agree that: (I) Any claim or cause of action brought by Buyer or TGE against the other arising out of or relating to this agreement or the use of the services shall not be asserted as a class action or collective action, whether in arbitration, court, or any other forum. (II) Unless Buyer and TGE otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, may not preside over any forum of a representative or class proceeding, and may not award class-wide relief. Disputes between the parties arising out of or relating to this agreement or the use of the services shall be resolved only on an individual basis and shall not be joined or consolidated with any other proceeding that involves any claim or controversy of any other party. Neither party shall have the right to resolve such disputes on a class action basis or on any basis involving such disputes brought in a purported representative capacity on behalf of other persons or entities similarly situated or the general public.
Limitation of Time to File Claims
Each party agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to this Agreement or use of the Services must be filed within one
(1) year after such claim or cause of action arose or be forever barred.
Termination
(a) TGE reserves the right to suspend or terminate a User's account or access to the platform at any time, without notice, for violations of this Agreement, abusive behavior, or any other reason deemed necessary by TGE.
Miscellaneous
TGE may assign or delegate this Agreement, in whole or in part, to any person or entity at any time with or without Buyer's consent. Buyer may not assign or delegate any rights or obligations under this Agreement without TGE’s prior written consent, and any unauthorized assignment or delegation by Buyer is ineffective. If any provision of this Agreement is held unenforceable, then the provision will be modified to reflect the parties’ intention, and all remaining provisions of this Agreement shall remain in full force and effect. Buyer and TGE are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. TGE reserves the right to modify or terminate the Services for any reason, without notice, at any time. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of law rules. The failure of either party to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. No wavier of TGE’s rights under this Agreement shall be valid or effective except by a written agreement bearing the physical signature of an officer of TGE. No purported waiver or modification of this Agreement by TGE via telephonic or electronic communications shall be valid. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Contact TGE
The Services are provided and operated by Texas Game Exchange, LLC, 5900 Balcones Drive, STE 4000 Austin, TX 78731
All questions, comments, concerns, requests for technical assistance and communications may be directed to TGE at the address above, or by email at info@texasgameexchange.com provided, however, that any comments, ideas, suggestions, analysis, requested modifications and improvements to the Services shall constitute Feedback in accordance with this Agreement.