Welcome to Xasio!

           Before you register with Xasio, you must read and accept all of the terms in this Terms & Conditions Agreement and the Xasio Privacy Policy. By accepting the Terms & Conditions, you agree that all Policies will apply whenever you use Xasio sites or services, or when you use the tools we make available to interact with Xasio sites and services. By using Xasio, you agree to the following terms with Xasio Group LLC.  

  Using Xasio

While using Xasio, you shall not:

• Post content or items in an inappropriate category or areas on our sites and services;
• Violate any laws, third party rights or our policies, such as the prohibited and restricted items policy. 
• Use our sites, services, or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools;
• Fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
• Fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
• Manipulate the price of any item or interfere with other users' listings;
• Circumvent or manipulate our fee structure, the billing process, or fees owed to Xasio;
• Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
• Take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the sites or using it for purposes unrelated to Xasio);
• Transfer your Xasio account (including Feedback) and user ID to another party without our consent;
• Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
• Distribute viruses or any other technologies that may harm Xasio, or the interests or property of Xasio users;
• Export or re-export any Xasio tools except in compliance with the export control laws of any relevant jurisdictions;
• Copy, modify, or distribute rights or content from the Xasio sites, service, or tools or copyrights and trademarks; or
• Harvest or otherwise collect information about users, including email addresses, without their consent.

  Misuse of Xasio

       Xasio constantly works to keep our sites and services working properly and safely. Please report problems, offensive content, and policy violations to us.

           We may limit, suspend, or terminate our service and user accounts, prohibit access to our sites and their content, services, and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or not acting in accordance with our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue Xasio sites, services, or tools.

 Buyer and Seller Agreement Policy

          Buyers and sellers share the responsibility for ensuring purchases facilitated by Xasio are smooth, fun and good natured. We strongly encourage buyers to work with sellers before submitting a claim with Xasio relating to a purchase. The Buyer and Seller Agreement Policy covers claims in accordance with this particular policy, not claims filed with PayPal.

          We require Xasio sellers to comply with our claims policy. Sellers permit us to make a final decision on any claim that a buyer files with Xasio under the Buyer and Seller Agreement Policy. If we resolve a dispute in the buyer's favor, we will require the seller to refund the buyer for the cost of the item and the original shipping, if not then we reserve the right to debit the sellers account on file with us to solve the dispute. Rightfully so, if sellers are found not at fault they will not have to pay for a claim if they provide the proper documentation, for instance a delivery confirmation or proof that the item was as described. Sellers shall keep an active credit card on file with us (the credit card used to register with us).

We may also collect amounts owed using other collection mechanisms, including retaining collection agencies. We may also suspend or restrict sellers from trading on our sites until payment is made.

Content on our site

          When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

Release of Liability

          You will not hold Xasio responsible for other users' content, actions, or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not a traditional auctioneer. Instead, our sites are venues to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and locations, such as Stores, fixed price formats, and auction-style formats. We are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety, or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item. For certain categories, particularly Motors and Real Estate, a bid or offer initiates a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item. 

          We do not transfer legal ownership of items from the seller to the buyer, and Further, we cannot guarantee continuous or secure access to our sites, services, or tools, and operation of our sites, services, or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services, and tools.

          Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees  you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $75.

Release Responsibility

          If you have a dispute with one or more users, you release us (and all Xasio staff) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes

Interference with Xasio

       You agree that you will not use any robot, spider, scraper, or other automated means to access the sites for any purpose without our express handwritten permission.

Additionally, you agree that you will not:

• Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of Xasio and the appropriate third party, as applicable;
• Interfere or attempt to interfere with the proper working of the sites, services, or tools, or any activities conducted on or with the sites, services, or tools. 

Indemnity

You will indemnify and hold us (and all Xasio employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

Resolution of Disputes Process

          If a dispute arises between you and Xasio, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Xasio agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to disputes@xasio.net. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

    Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Texas. You agree that any claim or dispute you may have against Xasio must be resolved exclusively by a state or federal court located in Houston, Texas except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Houston, Texas for the purpose of litigating all such claims or disputes.

    Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

    Improperly Filed Claims - All claims you bring against Xasio must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Xasio may recover attorneys' fees and costs up to $1000, provided that Xasio has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Additional Policies

  Prohibited Items

          Before listing your item, make sure it's suitable for Xasio and find out if there are any conflicts of the Prohibited Items Policy. The list of all items prohibited is below. Sellers also need to make sure that the sale of their item complies with all laws. If it doesn't, it may be removed, and you may be subject to a range of other actions, including restrictions of your buying and selling privileges and suspension of your account. Keep in mind that all items to be posted may be subject to approval from the Xasio staff prior to the actual listing. Our policies are often based on country and state laws, although in some cases, they may also be based on input from our members and our own discretion, especially for dangerous or sensitive items.

          Buyers have an important role in helping Xasio keep listings clean and offensive free. If a Buyer finds offensive material or any material that would violate the Prohibited Items Policy they are encouraged to contact Xasio, so any issues in violation of the policy set forth can be addressed properly. 

          It is up to you (Seller) to make sure to read our policies before listing items. Keep in mind that the following list is not a catch all; by following our examples you will be able to determine what can and can’t be listed.

Basic List

•       Adult content
•       Alcohol (must possess a license)
•       Animal or wildlife items (includes ivory).
•       Artifacts and grave-related items
•       Cell phone (wireless) service contracts
•       Charity or fundraising listings
•       Classified material (ex. Military documents and or manuals)
•       Contract
•       Cosmetics (used)
•       Counterfeit money or stamps
•       Credit cards
•       Currency, selling
•       Drugs and drug paraphernalia
•       Drugs, describing drugs or drug-like substances
•       Electronics equipment – examples include cable TV de-scramblers, radar scanners, and traffic signal control devices
•       Electronic surveillance equipment – examples include wiretapping devices and telephone bugging devices
•       Embargoed goods and prohibited countries – examples include items from Cuba
•       Food and healthcare items
•       Gift cards
•       Government documents, IDs, and licenses
•       Government, transit, and shipping-related items – examples include airplane operations manuals, subway employee uniforms, and U.S. Postal Service (USPS) mailbags
•       Hazardous materials – examples include batteries, fireworks, and Freon
•       Human parts and remains
•       Importation of goods into the United States – examples include CDs that were intended only for distribution in a certain country     
•       Items encouraging illegal activity – examples include an eBook describing how to create methamphetamine
•       Lock picking devices
•       Lottery tickets
•       Mailing lists and personal information
•       Manufacturers' coupons
•       Medical devices – examples include contact lenses, pacemakers, and surgical instruments                         
•       Multi-level marketing, pyramid, and matrix programs
•       Pesticides
•       Plants or any type of weeds or seeds                            
•       Postage meters
•       Prescription drugs
•       Prohibited services
•       Recalled items
•       Slot machines
•       Stocks and other securities
•       Stolen property and property with removed serial numbers
•       Surveillance equipment
•       Tobacco (must possess a license)

Firearms Policy

             Our services are not available to minors. Users not resident in the United States of America are not permitted to bid on or purchase Firearms or Ammunition. Every User is required to maintain a valid email address and phone number with Xasio.

          Firearms Inspection Period: When a Seller sells a firearm (as defined by the BATF and for the purposes of this paragraph including antique firearms), the Seller is required to give the Buyer a minimum of three Business Days after the day of receipt by the Buyer's Federal Firearms Licensed Dealer ("FFL") or Curio and Relic Federal Firearms Licensee ("C&RFFL), or in the case of an antique firearm, by the Buyer, to inspect that firearm. If during the Firearms Inspection Period, the Buyer decides to decline the sale; it is the Buyer's responsibility to first contact the Seller by telephone to notify the Seller of Buyer's decision to return the firearm, and to pay for return shipping, insurance and any other fees related to the return of that firearm back to the Seller. The Buyer may return a firearm to a Seller for a full refund (as long as the Seller has been notified of the Buyer's decision to return the firearm) for any reason. Once the Seller has been properly notified, the Seller will provide the buyer with return instructions and the Buyer will return the firearm fully insured for the auction price to the required Seller within 3 Business days of receipt of return instructions and provide the Seller with a valid shipping tracking number. The Seller is obligated to issue a full refund for the firearm minus only the Buyer's original shipping, handling and insurance fees. Seller's may not withhold from the refund any "re-stocking", inventory, or added handling fees. At no time during the Firearms Inspection Period will the Buyer fire the firearm (unless otherwise agreed to in writing by the Buyer and Seller prior to the sale). If the Buyer fires the firearm at any time during the Firearms Inspection Period without the Seller's prior express written consent, the sale is considered final. Inspection consists of external examination, checking the bore and having the headspace checked by a gunsmith. No further disassembly, to include but not limited to turning any screws or removing any push pins. is permitted without the Seller's prior express written consent In the event the Buyer has properly declined the sale and notified the Seller, the Seller will only issue a refund after the firearm in question has been returned to the Seller. The Seller will issue the refund within 2 Business Days after return receipt of the item and will provide the Buyer with either a tracking number (if the refund is sent by common carrier or the US Postal Service) or a transaction authorization number if the refund is in the nature of a Credit to the Buyers Credit Card. The Buyer is only responsible for his original charges for shipping, handling and insurance and return costs. If a Buyer, after at least 3 unsuccessful attempts to contact the Seller via telephone can’t notify the Seller within the required time of his decision to return a firearm under the Firearms Inspection Period, the Buyer may preserve his right to return the firearm by sending an email notification to the Seller. The email notification should state 1) the auction number, 2) the Buyer's desire for Seller's instructions to return the firearm under the Firearms Inspection Period, 3) the dates and times he attempted to contact the Seller by telephone, 4) the number(s) called and, 5) the results of each call (no answer, left message, phone not in service, etc.). This email should be sent directly to the Seller with a copy to disputes@xasio.net. This email will provide adequate proof of Buyer's timely notification of the Seller within the Firearms Inspection Period. The Seller must either respond within 3 Business Days with return instructions by email (with a copy to disputes@xasio.net) or by telephone. If the Seller fails to provide return instructions within 3 Business Days of the email notification, The Buyer should file a negative feedback on the Sale and notify disputes@xasio.net for further instruction and support. Under no circumstances should a Buyer return a firearm without receiving specific return instructions from the Seller.

          All other items inspection period: The mandatory 3 Business Day Firearms Inspection Period only applies to firearms as defined by the BATF (including antique firearms) for information in regards to this you must read the policy on the BATF website. All other returns for any other type of item, is at the discretion of the Seller, or as may otherwise be agreed to in writing by the Buyer and Seller.

In accordance with our Terms & Conditions (in specific our Firearms Policy) a Business Day is a Monday through Friday 9am to 5pm, not including United States National Holidays.

All Xasio Users are expected to abide by all federal, state, and local laws ("Law") governing the offering, transfer, ownership and sale of firearms, ammunition and other items. It is the obligation of the Xasio User to know and to abide by the Law applicable to such user regarding such transactions. It is critical that users of Xasio shall use our service in a legal manner, and consistent with standards of good citizenship. If, in the sole determination of Xasio, any User is considered to be in violation of or has violated any applicable Federal State or Local laws in the use of our system that User will be immediately expelled, and the proper authorities notified. Xasio will cooperate with law enforcement in the prosecution of any individual suspected of breaking violating firearms law.

A Buyer is defined by:                                                                    

-the highest bidder on an item in any style Auction

-the bidder who successfully uses the Buy-it-Now feature.

A Buyer is contractually obligated by this Agreement to complete the transaction.

The Buyer is obligated to respond to a Seller within 2 Business Days of that Seller's attempt to contact the winning Buyer in an auction or Ad, or that Buyer's right to purchase the item(s) is forfeit. Failure to respond by a Buyer can result in Negative feedback. A Buyer may affirmatively discharge this duty by contacting the Seller, and by responding to any contact from the Seller either through phone or email.

The Buyer must send payment by traceable means within 2 Business Day of contact from the Seller providing specific Payment instructions.

In the case of a firearm the Buyer must arrange for the Buyer's transferring FFL license to be sent within 2 Business days of contact from the Seller providing specific instructions of where the FFL should be sent.

If the Buyer isn't contacted by the Seller within 3 Business Days after the day the auction closes, the Buyer is relieved of any obligation to purchase that item. The Seller may then relist the item.

If the Buyer properly notifies the Seller of a return under the mandatory 3 Business Day Firearm Inspection Policy, the Buyer must take all prudent and reasonable steps to protect, return and insure the Seller's property. This includes properly packaging the firearms against harm in shipping and insuring the firearm for the value of the underlying auction price.

If there is a Damage in Shipment: A Buyer must timely report any apparent or potential damage in shipping to the Seller and within 3 Business Days of receipt of any item. The Buyer will initiate a report to the Seller and to the carrier of such suspected damage in shipping, initiate any required insurance reports if the item is insured and cooperate with any insurance investigations and adjusters. All packaging, boxes and labels must be retained by the Buyer for the potential use in an insurance claim by adjusters. Failure to retain packing materials for insurance investigations or to cooperate with an insurance investigation may result in the Buyer loosing rights under the Firearms Inspection Period and having the transaction considered final with the Buyer as owner of the item. In such case insurance proceeds, if any, received by the Seller shall be promptly sent to the Buyer.

          Xasio takes the selling of any firearms or related items very seriously and at any time the Xasio team may disable a Buyer or Sellers account if they are found to have consecutive negative feedback.

          If the Seller reports the item out-of-stock and non-deliverable within 14 days of payment, or fails to deliver within 14 days of payment, Seller and/or Buyer may either one decline the sale. If a sale is declined, the Seller will immediately refund all payment received and provide the Buyer with a valid tracking number or credit transaction identifier if payment was made by credit card. The Seller agrees to immediately remove all out-of-stock listings.

          The Seller must contact the Buyer with payment instructions and address within 3 Business Days of the close of the auction. And the Seller shall notify the Buyer immediately upon receipt of payment for the item.

          The Seller must ship the item via traceable means upon receipt of payment (and also Buyer's FFL if the sale is for a firearm) within 5 Business Days if payment is by credit card, or any online payment service.

          Federal Firearms Licenses (FFL s) can be validated immediately on-line. Curio and Relic Federal Firearms Licenses (C&RFFLs) can not be validated on-line. Acceptance of C&RFFLs for firearms eligible to be transferred under such licenses is at the sole discretion of the Seller.

          All firearms shipments must be fully insured for the selling price with the Seller named as the insured party. A Seller continues to legally own a firearm until the mandatory 3 Business Day Inspection Period has expired without proper notice of a return, (unless an insurance claim has been filed), or the sale is otherwise finalized by the Buyer's firing or disassembling the firearm.

          If there is damage in shipment the Seller shall be properly notified of a claim of damage in shipment of a firearm. The Seller is responsible for the secure packaging of the firearm as shipper and as insured party is responsible for complying with the insurer's notification and reporting requirement and issuing a refund of the Buyer's purchase price under the same procedures used in the 3 Business Day Firearms Inspection Period regardless of the outcome of any insurance adjustment. The Seller has the obligation to relay any instructions from the insurer to the Buyer on how to cooperate with Insurance investigation. The return of the item and the Buyer’s time obligations on return there under however does not begin until such time as the Insurance investigation is completed. If the Insurance Investigators take possession of the item for return to the seller, the Buyer's obligations for return are considered complete and the Seller shall immediately refund the Buyer's Purchase Price. Otherwise, once the insurance investigation is completed the Buyer must return the item within the time frame specified under the 3 Business Day Firearms Inspection policy.

          The Seller must inform the Buyer once the product has been shipped. The Seller will provide a tracking number on all firearms shipments and on other items (if available) and an estimated arrival date.

 Additional Information

          If by any chance we choose to not act in the event of a breach by you or others it doesn't waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Terms & Conditions.

          All policies may be subject to amendments at any time, and in the event there is a change we will post a note on our site stating that there’s been an amendment. All amended terms shall automatically be effective 10 days after they are initially posted.

          This Terms & Conditions Agreement establishes the entire understanding and agreement between all users and Xasio Group LLC.