Terms and Conditions

Bidder and Auctioneer agree to the following Terms and Conditions governing the Online Auction.
  1. Registration - Any person who registers for the Online Auction warrants that he/she is at least 18 years of age and will provide current cell phone number and email address. Once an individual has registered as a Bidder, he/she is subject to the Terms and Conditions as outlined in this document.
  2. Online Auction - The Online Auction will take place entirely online during the time specified on the Auction Site. Bidding will open on all items available in the Online Auction as soon as the Online Auction is open. Items will be removed from the Online Auction at various times throughout the Online Auction regardless of whether the Online Auction is open. Bidding on all items will cease when the Online Auction closes.
  3. Bidding Visibility - Bidders submit closed bids on all items. Bidder will not see how many bids have been submitted or what the current highest bid is. Notwithstanding the forgoing, if Bidder submits a bid that is insufficient to win given the current Online Auction conditions, Bidder may receive instant notification.
  4. Current Bid - Bidders may choose to submit a bid on an item in the Online Auction through a Current Bid. This is the amount that Bidder will pay for the item if the current bid is a winning bid regardless of the next highest bid.
  5. Maximum Bid - Bidders may also choose to submit a maximum bid. If the Bidder's maximum bid is the winning bid, Bidder will only pay as much as the next highest bid.
  6. Bids Are Not Retractable - When a bid is submitted, it is final and may not be retracted. Notwithstanding the forgoing, Bidders may submit bids of a higher amount than their previous bid.
  7. Winning Bids - Each item may have one or more winning bids. Any Bidder who wins will be notified upon the closing of the item. Bidder agrees to pay for said item within 24 hours of the closing of the item. Auctioneer reserves the right to sell the item to the next highest bidder if Bidder has not paid within 24 hours of closing.
  8. Taxes - Applicable taxes will be added to the purchase price of all taxable items. Collection of applicable taxes will be in accordance with the laws of the state where the purchased asset is located.
  9. Returns/Refunds - All winning bids are final and no returns or refunds will be accepted.
  10. Suspension - You will be suspended or permanently banned from the Online Auction if you provide false information when registering, such as a false name or fraudulent contact information. You will be permanently banned from this Auction Site if you are the successful Bidder and you do not honor your auction bid.
  11. Privacy - Auctioneer agrees not to use information that you provide for purposes other than those related to promoting, running and managing the Online Auction.
  12. Descriptions - The descriptions of items appearing in the Online Auction and in advertising prior to the Online Auction are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by Auctioneer concerning any item shall be construed as a warranty either express or implied. Bidder agrees to accept items that substantially conform to the description of the items.
  13. Withdrawal - Despite efforts to avoid the withdrawal of items from the Online Auction after they are listed it may sometimes be necessary. Auctioneer reserves the right to do so at any time before or during the Online Auction.
  14. Indemnity - Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless Auctioneer and their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys' fees and expenses) related to, arising from or associated with items arising out of, based upon, or resulting from any breach or violation by Bidder of these Terms and Conditions or as a result of a dispute with another Bidder.
  15. Binding Agreement - These Terms and Conditions constitute a binding agreement between Bidder and Auctioneer unless terminated by Auctioneer, which Auctioneer may do at any time, without notice, in Auctioneer's sole discretion. If Bidder dissatisfaction occurs with the auction sale in any way, Bidder's only recourse is to immediately discontinue use of the Auction Site. Auctioneer reserves the right to terminate Bidder registration and use of the Auction Site, and impose limits on certain features of the Auction Site or restrict Bidder's access to, or use of, part or the entire Auction Site without notice or penalty.
  16. Limit of Liability - Auctioneer cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Auction Site. Bidder acknowledges that this Online Auction is conducted electronically and relies on hardware and software that may malfunction without warning. The Auctioneer, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any items that were affected by any malfunction. The decision of the Auctioneer is final.
  17. Binding Arbitration - Any controversy or claim arising out of or relating to these Terms and Conditions shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Gilbert, Arizona, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
  18. Governing Law - These Terms and Conditions and any disputes arising out of or related to these Terms and Conditions shall be governed by and construed and enforced in accordance with, the laws of the State of Arizona.
  19. Severability - If any provision of these terms of service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
  20. Entire Agreement - These Terms and Conditions set forth the entire understanding and agreement between Auctioneer and Bidder with respect to the subject matter hereof.