Terms of Service/ SitePrivacy Policy/ SiteBidder Responsibility & Termination PolicyItem/ Event Listing Terms & Conditions
Terms of Service
Introduction

Introduction

Site Terms of Service, an Enforceable Legal Agreement.
As of February 28, 2016

These Terms of Service and our privacy policy (together the “Terms”) govern all use of http://allpointsbidorbuy.com and that site’s services (together the “Site” or “Services”). The Site is owned by James Arndt, a llc.

The owners and contributors to the Site will be referred to as “we,” “us,” or “our” in these Terms. By using the Site or its Services, and/or by clicking anywhere on this Site to agree to these Terms, you are deemed to be a “user” for purposes of the Terms. You and every other user (“you” or “User” as applicable) are bound by these Terms. You and each user also agree to the Terms by using the Services. If any User does not agree to the Terms or the Privacy Policy, such User may not access the Site or use the Services. In these Terms, the word “Site” includes the site referenced above, its owner(s), contributors, suppliers, licensors, and other related parties.

User Prohibited From Illegal Uses

User Prohibited From Illegal Uses

User shall not use, and shall not allow any person to use, the Site or Services in any way that violates a federal, state, or local law, regulation, or ordinance, or for any disruptive, tortious, or illegal purpose, including but not limited to harassment, slander, defamation, data theft or inappropriate dissemination, or improper surveillance of any person.

User represents and warrants that:

User represents and warrants that:

  • User will use the Services only as provided in these Terms;
  • User is at least 18 years old and has all right, authority, and capacity to agree to these Terms;
  • User will provide accurate, complete, and current information to the Site and its owner(s);
  • User will notify the Site and its owner(s) regarding any material change to information User provides, either by updating and correcting the information, or by alerting the Site and its owner(s) via the functions of the Site or the email address provided below.
Disclaimer of Warranties

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE PROVIDES THE SERVICES “AS IS,” WITH ALL FAULTS. THE SITE DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES, OR THAT ANY DATA WILL BE TRANSMITTED IN A MANNER THAT IS TIMELY, UNCORRUPTED, FREE OF INTERFERENCE, OR SECURE. THE SITE DISCLAIMS REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, WRITTEN, ORAL, CONTRACTUAL, COMMON LAW, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT MAY ARISE FROM A COURSE OF DEALING OR USAGE OF TRADE.

Liability Is Limited

Liability Is Limited

THE SITE SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS (REGARDLESS OF WHETHER WE HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR) OR EXPOSURE TO ANY THIRD PARTY CLAIMS BY REASON OF ANY ACT OR OMISSION. THE SITE SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED WITH THE SERVICES, SITE OFFERS, OR ANY ACT BY SITE USERS. THE SITE SHALL NOT BE LIABLE FOR ANY DAMAGES THAT RESULT FROM ANY SERVICE PROVIDED BY, OR PRODUCT OR DEVICE MANUFACTURED BY, THIRD PARTIES.

NOTWITHSTANDING ANY DAMAGES THAT USER MAY SUFFER FOR ANY REASON, THE ENTIRE LIABILITY OF THE SITE IN CONNECTION WITH THE SITE OR SERVICES, AND ANY PARTY’S EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY USER TO THE SITE OWNER DURING THE 12 MONTHS PRIOR TO THE EVENT THAT USER CLAIMS CAUSED THE DAMAGES.

The Site shall not be liable for any damages incurred as a result of any loss, disclosure, or third party use of information, regardless of whether such disclosure or use is with or without User’s knowledge or consent. The Site shall have no liability for any damages related to: User’s actions or failures to act, the acts or omissions of any third party, including but not limited to any telecommunications service provider, or events or causes beyond the Site’s reasonable control. The Site has no obligations whatever, and shall have no liability to, any third party who is not a User bound by these Terms. Limitations, exclusions, and disclaimers in these Terms shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

Third party products, links, and actions

Third party products, links, and actions

The Site may include or offer third party products or services. The Site may also have other users or members who interact with each other, through the Site, elsewhere online, or in person. These third party products and any linked sites have separate and independent terms of service and privacy policies. We have no control or responsibility for the content and activities of these linked sites, sellers, and third parties in general, regardless of whether you first were introduced or interacted with such businesses, services, products, and people through the Site, and therefore you agree that we are not liable for any of them. We do, however, welcome any feedback about these sites, sellers, other users or members, and third parties.

Changes to the Site and the Services

Changes to the Site and the Services

The owners and contributors to the Site will work to improve the Site for our users, and to further our business interests in the Site. We reserve the right to add, change, and remove features, content, and data, including the right to add or change any pricing terms. You agree that we will not be liable for any such changes. Neither your use of the Site nor these terms give you any right, title, or protectable legal interest in the Site or its content.

Indemnity

Indemnity

If your activity or any activity on your behalf creates potential or actual liability for us, or for any of our users, partners, or contributors, you agree to indemnify and hold us and any such user, partner, contributor, or any agent harmless from and against all claims, costs of defense and judgment, liabilities, legal fees, damages, losses, and other expenses in relation to any claims or actions arising out of or relating to your use of the Site, or any breach by you of these Terms of Use.

Intellectual Property

Intellectual Property

This site and some delivery modes of our product are built on the WordPress platform. For information about intellectual property rights, including General Public License (“GPL”) terms under which the WordPress software is licensed, see here http://wordpress.org/about/gpl/

The Site grants User a revocable, non-transferable, and non-exclusive license to use the Site solely in connection with the Site and the Services, under these Terms.

Copyright in all content and works of authorship included in the Site are the property of the Site or its licensors. Apart from links which lead to the Site, accurately attributed social media references, and de minimus text excerpts with links returning to the Site, no text, images, video or audio recording, or any other content from the Site shall be copied without explicit and detailed, written permission from the Site’s owner. User shall not sub-license or otherwise transfer any rights or access to the Site or related Services to any other person.

The names and logos used by the Site, and all other trademarks, service marks, and trade names used in connection with the Services are owned by the Site or its licensors and may not be used by User without written consent of the rights owners. Use of the Site does not in itself give any user any license, consent, or permission, unless and then only to the extent granted explicitly in these Terms.

All rights not expressly granted in these Terms are reserved by the Site.

Privacy

Privacy

Any information that you provide to the Site is subject to the Site’s Privacy Policy, which governs our collection and use of User information. User understands that through his or her use of the Site and its Services, User consents to the collection and use (as set forth in the Privacy Policy) of the information, including the transfer of this information to the United States and/or other countries for storage, processing and use by the Site. The Site may make certain communications to some or all Users, such as service announcements and administrative messages. These communications are considered part of the Services and a User’s account with the Site, and Users are not able to opt out of all of them.

Usernames, Passwords, and Profiles

Usernames, Passwords, and Profiles

If prompted, Users must provide a valid email address to the Site, at which email address the User can receive messages. User must also update the Site if that email address changes. The Site reserves the right to terminate any User account and/or User access to the Site if a valid email is requested but is not provided by the User.

If the Site prompts or allows a User to create a username or profile, Users agree not to pick a username or provide any profile information that would impersonate someone else or that is likely to cause confusion with any other person or entity. The Site reserves the right to cancel a User account or to change a username or profile data at any time. Similarly, if the Site allows comments or user input, or prompts or allows a User to create an avatar or upload a picture, User agrees not to use any image that impersonates some other person or entity, or that is otherwise likely to cause confusion.

You are responsible for protecting your username and password for the Site, and you agree not to disclose it to any third party. We recommend that you use a password that is more than eight characters long. You are responsible for all activity on your account, whether or not you authorized it. You agree to inform us of unauthorized use of your account, by email to jim@allpointsbidorbuy.com. You acknowledge that if you wish to protect your interactions with the Site, it is your responsibility to use a secure encrypted connection, virtual private network, or other appropriate measures. The Site’s own security measures are reasonable in terms of their level of protection, but are not helpful if the interactions of you or any other User with Site are not secure or private.

Disputes

Disputes

We are based in Lebanon, PA and you are contracting to use our Site. These Terms and all matters arising from your use of the Site are governed by and will be construed according to the laws of Lebanon, PA, without regard to any choice of laws rules of any jurisdiction. The federal courts and state courts that have geographical jurisdiction over disputes arising at our office location in the Lebanon, PA will be the only permissible venues for any and all disputes arising out of or in connection with these Terms or the Site and Service.

ARBITRATION

ARBITRATION

Notwithstanding anything that may be contrary within the “Disputes” provisions above, all matters, and all arbitrable claims within a multi-claim matter, including all claims for monetary damages, shall be decided by a single arbitrator to be selected by us, which arbitrator shall hold hearings in or near Lebanon, PA, under the rules of the American Arbitration Association.

Advertising

Advertising

The Site may include advertisements, which may be targeted for relevance to the Site, queries made, or other information to improve relevance to the Site’s users. The types and extent of advertising on the Site will change over time. In consideration for User access to and use of the Site, User agrees that the Site and third party providers and partners may place advertising anywhere on the Site. For the remaining terms that will apply to our advertising practices, including use of your information, see our Privacy Policy.

General

General

These Terms, including the incorporated Privacy Policy, supersede all oral or written communications and understandings between User and the Site.

Any cause of action User may have relating to the Site or the Services must be commenced within one (1) year after the claim or cause of action arises.

Both parties waive the right to a jury trial in any dispute relating to the Terms, the Site, or the Services.

If for any reason a court of competent jurisdiction finds any aspect of the Terms to be unenforceable, the Terms shall be enforced to the maximum extent permissible, to give effect to the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.

User may not assign his or her rights or delegate his or her responsibilities under these Terms or otherwise relating to the Site or its Services.

There shall be no third party beneficiaries under these Terms, except for the Site’s affiliates, suppliers, and licencors, or as required by law.

Use of the Site and its Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.

The failure of the Site to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Terms Contact

Terms Contact

If you have any questions about these Terms, please address them to jim@allpointsbidorbuy.com.

Last Updated

These terms were last updated on February 28, 2016

Privacy Policy
Introduction

Introduction

This privacy policy (“Policy”) and this site’s Terms of Service (together the “Terms”) govern all use of http://allpointsbidorbuy.com and that site’s services (together the “Site” or “Services”). The owners and contributors to the Site will be referred to as “we,” “us,” or “our” in this Policy. By using the Site or its Services, and/or by clicking anywhere on this Site to agree to the Terms and this Policy, you are deemed to be a “user” for purposes of this Policy. You and every other user (“you” or “User” as applicable) are subject to this Policy. You and each user also agree to the Terms by using the Services. In these Terms, the word “Site” includes the site referenced above, its owner(s), contributors, suppliers, licencors, and other related parties.

We provide this privacy statement explaining our online information practices, so that you can decide whether and how to interact with the Site and the Services.

We may release your information when we deem it appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.

This online privacy policy applies only to information collected through our website and not to information collected offline.

Please also review our Terms of Use section that governs the use and the users of the Site.

By using our site, you consent to our privacy policy.

If we decide to change our privacy policy, we will post those changes on this page. If we have your email address, we may also send an email notifying you of any changes.

Contact Data and Other Identifiable Information

Contact Data and Other Identifiable Information

This site collects certain user information, which may include a username and password, contact information, or any other data that you type in to the site. It may also identify your IP address to help identify you on future visits to the site. At our discretion, the Site may use this data to:

  • Personalize the user experience and/or customer service
  • Improve the site
  • To process transactions
  • Administer a contest, promotion, survey or other site feature or function
  • Send email to users and help the site owner operate and manage the site,

The site will only share such user data with these third parties in the aggregate, using collected data reporting on user activity and data that the site collects, but not identifying individual users. Information limited to or identifying individual site users will not be shared.

Mobile Device

Mobile Device Privacy

The following applies to our site, when viewed on a mobile device:
When accessed with a mobile device, our site may collect information automatically, such as the type of mobile device you have, device identifiers, and information about your use of the site. Regardless of the device you use to access the site, it will also collect information you provide, as well as information about your interaction with the site and its content.
If location services are activated on your mobile device, our site may collect information about the location of your device. Your mobile network service providers may collect device-specific information, such as a device identifier, when you use our website or one of our mobile applications. This information collected by your mobile network service will not be associated with your user account with us, or with your personally identifiable information.

Advertising Network

Advertising Network

We use one or more third party vendors to serve ads on the Site. To serve ads and determine how our users use the Site, these services use cookies, or small pieces of code to serve ads to Site users based on users’ visits to the Site and others. Users may adjust their browser settings to disallow the use of cookies. With cookies turned off, certain features of the Site may work less efficiently or not at all.

Cookies

Cookies

This site uses cookies. Cookies are small pieces of code that the Site or a service provider will put on your computer if your Web browser allows it. The Site uses cookies to recognize and keep certain information. On the Site, that information may be used to recognize your computer and browser from current or past visits to the Site or related sites. We may use this cookie-captured information to improve our service to you, to aggregate information about visitors to the Site and their behavior, to remember and process items in your shopping cart, to understand and save user preferences, or to keep track of advertising. We may contract with third-party service providers to assist us in better understanding our site visitors.
In most Internet browsers, you can change your settings so that you will be warned each time a cookie is being sent, or so that cookies will be turned off. With cookies blocked, some functions of the Site may not operate properly.

Usernames, Passwords, and Profiles

Usernames, Passwords, and Profiles

If prompted, Users must provide a valid email address to the Site, at which the User can receive messages. User must also update the Site if that email address changes. The Site reserves the right to terminate any User account if a valid email is requested but is not provided by the User.
If the Site prompts or allows a User to create a username or profile, Users agree not to pick a username or provide any profile information that would impersonate someone or that is likely to cause confusion with any other person or entity. The Site reserves the right to cancel a User account or change a username or profile data at any time. Similarly, if the Site prompts or allows a User to create an avatar or upload a picture, User agrees not to use any image that impersonates some other person or entity, or that is otherwise likely to cause confusion.
You are responsible for protecting your username and password for the Site, and you agree not to disclose it to any third party. We recommend that you use a password that is more than eight characters long. You are responsible for all activity on your account, whether or not you authorized it. You agree to inform us of unauthorized use of your account, by email to jim@allpointsbidorbuy.com. You acknowledge that if you wish to protect your interactions the Site, it is your responsibility to use a secure encrypted connection, virtual private network, or other appropriate measures.

Disputes

Disputes

We are based in Lebanon, PA and you are contracting to use our Site. This Policy and all matters arising from your use of the Site are governed by and will be construed according to the laws of Lebanon, PA, without regard to any choice of laws rules of any jurisdiction. The federal courts and state courts that have geographical jurisdiction over disputes arising at our office location in Lebanon, PA will be the only permissible venues for any and all disputes arising out of or in connection with this Policy or the Site and Service.

Arbitration

ARBITRATION

Notwithstanding anything that may be contrary within the “Disputes” provisions above, all matters, and all claims within a multi-claim matter, that are arbitrable, including all claims for monetary damages, shall be decided by a single arbitrator to be selected by us, who shall hold hearings in or near Lebanon, PA, under the rules of the American Arbitration Association.

Terms Contact

Terms Contact

If you have any questions about these Terms, please address them to jim@allpointsbidorbuy.com.

Last Updated

These terms were last updated on February 28, 2016

IMPORTANT: Bidder Responsibility & Termination Policy
Getting Great Deals Comes With Responsibilities
We work hard to find more interesting items to offer at auction and for sale, giving All Points members unique opportunities for great values. In order to keep those exciting items coming we have to be responsible and respectful to their owners.This means:

• Picking up items during specified removal times

• Bringing all tools, people and resources to safely disassemble and remove items

• Bidding only on those items you are serious about winning

• Following through on auction purchases

Embracing these responsibilities helps us continue to enhance the overall experience for all of our members.

BIDDER TERMINATION POLICY

Bidder Termination Policy

We are grateful that you made a decision to get what you want at All Points Bid or Buy. Out of respect for our sellers and for the vast majority of buyers that take these responsibilities to heart, we will terminate a buyer’s bidding privileges after two infractions.

FIRST OCCURRENCE

First Occurrence

First Occurrence: If a buyer does not live up to their responsibilities throughout the auction process we will suspend bidding privileges until one of our customer service team members is able to speak with the buyer and resolve the issue.

SECOND AND FINAL OCCURRENCE

Second/ Final Occurrence

Final Occurrence: If a buyer does not live up to their responsibilities throughout the auction process a second time we will terminate bidding privileges.

We are passionate about our buyer community and will do our best to ensure a pleasurable auction experience every time. The greatest cause of confusion and dissatisfaction often occurs when there is not a level playing field for buyers. This termination policy makes everyone equal, every time.

Last Updated

These terms were last updated on April 23, 2016

Item/ Event Listing Terms & Conditions
These are the Terms and Conditions of Sale for our online auction listings. They consist of this introduction and thirty numbered paragraphs that outline the relationship between you (“the Bidder”) and All Points Auction Company, All Points Bid or Buy and East Main Ave. Auction Service (collectively, “the Auctioneer”). Throughout these Terms and Conditions, the terms “Auctioneer,” “we,” “us,” and “our” will refer to the Auctioneer, and the terms “you” and “your” will refer to the Bidder.

If you want to bid in these online auction events, you will first have to certify that you have read, understood, and agreed to these Terms and Conditions. Such certification will function as your legal and binding electronic signature. If you choose to make this certification, these Terms and Conditions will become binding both on you and on the Auctioneer, and all parties will be expected to abide by the Terms and Conditions if any issues arise in connection with this sale.

Please read these Terms and Conditions carefully! They contain important information about the online auctions themselves as well as your rights and responsibilities as a bidder.

“Auctioneer further disclaims any responsibility for liens or encumbrances that may attach to the property to be purchased. Any such liens and encumbrances are the responsibility of the buyer to investigate and buyer buys subject to liens and encumbrances, if any. If property is subject to liens or encumbrances, Seller represents it will make reasonable efforts to resolve such liens or encumbrances.”

1. REGISTRATION

1. Registration

To gain access to the Auctioneer’s bidding system, you will need to register and become a member. You must be eighteen years old or older to register. You agree that all information that you provide during the registration process will be true and accurate. You will be banned from participation in the Auctioneer’s auctions indefinitely, should you provide any false information during the registration process.

2. APPLYING FOR TAX-EXEMPT STATUS

2. Applying for Tax-Exempt Status

Some bidders may be exempt from payment of applicable taxes. If you wish to apply for tax-exempt status, you must submit a completed copy of the Auctioneer’s tax-exempt form prior to the auction’s closing along with a copy of your Tax Exempt Certification. If you do not follow the procedures discussed in this paragraph, the Auctioneer will be unable to consider identifying you as exempt from taxation, and you will have to apply directly to the state for a refund.

3. DEPOSIT

3. Deposit

No deposit required.

4. BIDDER'S DUTY TO UPDATE INFORMATION

4. Bidder’s Duty to Update Information

Whether you are a new or returning bidder, you agree that if any of the information associated with your membership – including contact information – changes at any time prior to, during, or after any sale, you will notify the Auctioneer of the change by updating your membership profile.

5. CONDUCT OF SALE

5. Conduct of Sale

All deposits, bids, and credits in this sale will be made in United States Dollars. You agree not to use any hardware, software, program, or system that would interfere with the orderly conduct of this sale. You further agree not to copy, reproduce, or publicly display any content from the Auctioneer’s website without first obtaining written permission from the Auctioneer.

6. BIDDER'S DUTY TO INSPECT AND INVESTIGATE

6. Bidder’s Duty to Inspect and Investigate

You acknowledge that the Auctioneer is providing you with the opportunity to inspect the items being offered for sale in these auctions. The Auctioneer strongly encourages you to attend any of the scheduled inspection times for these auctions, which will take place on the dates listed on our schedule or on the listing itself. If you choose not to attend the scheduled inspection or are in doubt about the condition, completeness, or suitability of a given item, please bid accordingly.

Photographs and Descriptions: The Auctioneer regularly posts item descriptions and photographs to aid members in the bidding process, and we make every effort to ensure that the descriptions and photographs that we post accurately represent the items being offered for sale. In some photographs, multiple items may appear to be joined as a single unit, however you should not assume that a lot consists of more than one item simply because various items appear connected or are featured in the same photograph. Also understand that, on occasion, the wrong photograph may be displayed for a given item. At all times, you are bidding on items as they are described on this website, not as they appear in any photograph.

CHOOSE WISELY: We want everyone to get a good deal and most will. However, when you bid on the wrong item or decide an item is not suited for your intended use, our clients will not assume the cost of your mistakes. You agree that your failure to inspect or otherwise become fully informed about the items offered for sale in this auction will not be grounds for a refusal to pay amounts due to the Auctioneer, nor for any claim against the Auctioneer.

7. WARRANTY AND CONDITION OF ITEMS SOLD

7. Warranty and Condition of Items Sold

ALL LOTS AND ITEMS ARE SOLD AS IS, WHERE IS, WITH ALL FAULTS, AND WITH NO EXPRESS OR IMPLIED WARRANTIES. NO ACTION TAKEN BY THE AUCTIONEER OR ITS AGENTS WILL OR IS INTENDED TO CREATE ANY EXPRESS OR IMPLIED WARRANTY AS TO ANY LOT OR ITEM IN THESE SALES. THE AUCTIONEER SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, CONFORMITY WITH ENVIRONMENTAL LAWS OR REQUIREMENTS, NON-INFRINGEMENT, ACCURACY, TITLE, OR ANY OTHER STATUTORY OR COMMON LAW WARRANTY. IT IS BELIEVED THAT ALL DESCRIPTIONS ARE ACCURATE, BUT DESCRIPTIONS ARE NOT GUARANTEED.

8. WHEN YOU HAVE BEEN OUTBID

8. When You Have Been Outbid

If you are outbid during the course of an auction, you will be notified by e-mail. As the expiration approaches you may want to watch closely as the email may not reach you before the listing expires. You can review your bids at any time by checking your recent bids in your account. Posted bids are also listed below the item listing.

9. REPORTING BIDDING ERRORS

9. Reporting Bidding Errors

You should carefully review every bid you choose to make before submitting that bid. The Auctioneer will not automatically assume that any bid – even a bid that increases your own, lower bid – was made in error. Many bidders routinely increase their own bids to price an item out of the reach of other bidders. You understand and agree that you will be held responsible for having made all bids that are made using your account information ‒ even when such bids are made in error. If you mistakenly increase your own bid at any time during the auction, or make some other bidding error (e.g. placing your a random number in the price field), you must immediately contact the Auctioneer by using the contact form on the website. Reports of bidding errors must be made via web form; phone reports will not be accommodated.

10. TIMELINESS OF BIDDING ERROR REPORTS

10. Timeliness of Bidding Error Reports

If you make a bidding error during this auction, you must identify and report the error before the auction begins to close. The Auctioneer will not undo bidding errors reported after the auction has begun to close.

11. BIDDER'S DUTY TO REPORT FRAUD

11. Bidder’s Duty to Report Fraud

You are responsible for all bids made from your account. If you believe that an unauthorized person has gained access to your account, you must notify the Auctioneer immediately by submitting a contact form via the Auctioneer’s website. You must also report the incident to the relevant law enforcement authorities and send the Auctioneer a copy of any resulting police report. You understand and agree that if you do not promptly report any suspected fraud to the Auctioneer and to the relevant law enforcement authorities, you will be held personally responsible for all purchases made using your account and membership ID.

12. CHANGES IN CIRCUMSTANCE

12. Changes in Circumstance

All aspects of these listings are subject to change without notice. The Auctioneer reserves the right to – at any time – (1) add or remove items from a listing, (2) split or combine lots, (3) add minimum bids or reserve prices, (4) cancel, suspend, extend, or reschedule the sale of an individual item, lot, auction, and/or auction event, (5) make changes to the auction’s closing, inspection, or removal times, or (6) take any other action the Auctioneer deems necessary to effect the fair conduct of this sale or protection of buyers’, sellers’, or other parties’ interests. In the event a seller withdraws an item from this auction prior to the close of the auction, the Auctioneer may leave the item on the catalog and buy the item back on behalf of the seller to establish the Auctioneer’s earned commission and the buyer’s premium due to the Auctioneer from the seller.

13. CLOSING

13. Closing

The Auctioneer’s online auction events are designed to mimic traditional “live” auctions. For this reason, this auction will have a staggered, dynamic closing. You must continuously refresh your browser during the closing process to see the most current activity on your items, both prior to placing your bid and after submitting your bid.

Staggered Closing: This online auction event will automatically begin to close at a rate of one to four items per minute, every minute. Items’ closing times may be extended past their scheduled closing time, however, as a result of the Auctioneer’s dynamic closing feature.

Dynamic Closing: The closing time of an item is automatically extended an additional one minute whenever a bid is placed within the one minute leading up to an item’s scheduled closing time.

14. WINNING BIDS

14. Winning Bids

If you place a bid on an item, and your bid is determined to be the winning bid, you become obligated to pay for the item that you have won at the price you gave as your bid.

Notification: If you end up placing one or more winning bids in an auction event, be sure to check your e-mail and don’t forget to check your Spam or Trash e-mail folders. You are solely responsible for checking your e-mail following the close of an auction event to determine what items you have won and for bringing your ID and Payment in Full with you when you pick up the item.

Bid Inquiries: If you believe that you placed a winning bid, but do not receive an e-mail, you must notify the Auctioneer by submitting a contact form via the Auctioneer’s website explaining your situation by 7:00 am EST on the day after the auction event has closed. You agree that the Auctioneer will be the sole authority regarding the identification of winning bids.

15. PAYMENT

15. Payment

At the conclusion of an auction event, .

Suspension: You understand and agree that if, at the end of an auction event, the Auctioneer is twice unable to redeem payment for the entire amount of your purchases, the Auctioneer will suspend your online bidding privileges indefinitely. The Auctioneer may reinstate suspended accounts in the Auctioneer’s sole and absolute discretion if the suspended bidder remits a $500 deposit to be held in escrow for a period of one year.

16. BUYER'S PREMIUM

16. Buyer’s Premium

A buyer’s premium may be added to a purchase. Please check the Item Specifics in the item listing to see if this applies. For example if a 15% buyer’s premium is effective and your winning bid winds up at $100.00, you will be charged $115.00 + sales tax, at checkout.

17. SALES TAX

17. Sales Tax

Sales tax will be collected on all taxable items purchased unless otherwise specified in the listing. Remember: if you are tax exempt, you must follow the procedures discussed in Paragraph 2 to apply for tax-exempt status.

18. DEFAULT AND RESALE

18. Default and Resale

You agree that if, after being declared the winning bidder, you fail to pay for any item that you have won for any reason, your account will be declared in default. If you still fail to pay for any item after being notified of your account being in default, you agree that the Auctioneer will have the right to immediately resell your item, and you further agree to pay (1) any cost associated with the resale and (2) any deficiency between your original purchase price and the resale price.

19. PICKING UP YOUR ITEMS

19. Pickling Up Your Items

You are solely responsible for the safe and timely pick-up and removal of any items you may win at these auctions. If you are unable to safely pick up and remove your items during the removal times that are scheduled, PLEASE CONTACT US OR DO NOT BID. The Auctioneer does not ship, nor does the Auctioneer hold items for more than 15 days after listing expiration if sold. The Auctioneer will not issue you a refund if you are unable to pick up and safely remove your items.

Bidder’s Duty to Remove Items Safely: Again, you are solely responsible for the safe pick-up, removal, and transportation of your items. You agree that the pick-up, removal, and transportation of your items will be solely at your expense and at your risk. You further agree that you will be responsible for any damage that you or any of your agents cause during any preview or removal period, and also agree that you will liable for any expenses incurred and/or repairs necessary as a result of any damage that you cause.

Release Upon Presentation of Receipt: You understand and agree that the Auctioneer will release your items only after you or your agent presents a copy of the winning bid email and Payment in Full. You further understand and agree that it is your duty to ensure that any agent picking up items on your behalf has a copy of your winning bid email and Payment in Full to present at the pick-up location. You explicitly authorize the Auctioneer to release your items to any person in possession of your winning bid email and Payment in Full. No item will be released to any person unless that person presents a winning bid email and Payment in Full for the item in question.

Abandonment: You understand and agree that any item that you do not pick up within 15 days will be considered abandoned. You understand and agree that you may be charged a reasonable fee for the storage, removal, and/or disposal of any item that is considered abandoned.

20. DISPOSAL OF UNCLAIMED ITEMS

20. Disposal of Unclaimed Items

In the event you refuse to pay for or abandon any item that you win at auction, the Auctioneer will have the option of reselling, removing, storing, or disposing of the unpaid-for or abandoned item. You understand and agree that you will be personally responsible for all deficiencies – and all legal, collection, transportation, and storage expenses – associated with your delinquent account and/or abandoned items. In the event of resale, you agree to pay any cost associated with the resale as well as any deficiency between your original purchase price and the resale price.

21. NON-DELIVERY

21. Non-Delivery

In the unusual event that an item has been totally mis-described or is unavailable for pickup during the published removal times, you must immediately notify the Auctioneer’s onsite staff of the problem and file a claim for non-delivery within twenty-four hours. You understand and agree that if you fail to make a claim for non-delivery within twenty-four hours of your discovering the problem, your claim for non-delivery will not be honored. Claims for non-delivery must be filed by using the contact form on the website. Your claim must include the item number in question, and must fully describe the nature of the problem that you have identified.

22. CLAIMS AND CHOICE OF VENUE

22. Claims and Choice of Venue

Any claim or controversy out of or relating to these Terms and Conditions, or to any breach thereof, will be settled either (1) in Lebanon County, Pennsylvania’s Small Claims Court, if the claim in question amounts to less than $5,000, or (2) by means of arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, if the claim in question amounts to more than $5,000. In the event of arbitration, judgments upon the award rendered by the arbitrator may be entered by any court having jurisdiction. You agree that all claims will be litigated or arbitrated on an individual basis, and will not be consolidated with any claim made by another party. Venue in every case will be Lebanon County, Pennsylvania. You agree that any judgments awarded may be applied to and collected from you personally or corporately. Should any party file an action contrary to this paragraph, the counter party may recover reasonable legal fees and costs. Further, if you bring a claim against the Auctioneer and do not prevail, and/or if the Auctioneer must take action against you as a result of your violation of these terms and conditions, you agree that you will reimburse the Auctioneer for all reasonable legal fees and costs.

23. INTERIM OR PRELIMINARY RELIEF

23. Interim or Preliminary Relief

Notwithstanding the contents of Paragraph 22 of these Terms and Conditions, you agree that the Auctioneer may seek interim, preliminary, or injunctive relief without the necessity of any bond or similar deposit in a court having jurisdiction in order to protect any rights or property that the Auctioneer may have pending arbitration or litigation.

24. SUSPENSION OF BIDDING PRIVILEGES

24. Suspension of Bidding Privileges

You understand and agree that any violation of these Terms and Conditions — and/or any unsafe or illegal activity during any auction-related event — may result in the Auctioneer’s suspending your online bidding privileges indefinitely. Nothing in this paragraph will limit the Auctioneer’s right to any other remedies at law or in equity.

25. LIABILITY

25. Liability

In all cases, the Auctioneer’s liability, and the liability of the seller of the items in these auctions, will be limited to the refund of your purchase price. The Auctioneer will not be liable for any amount in connection with the postponement or cancellation of a listing, or the withdrawal of any item or lot from an auction. In no event will the Auctioneer be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with these auctions or any related sale or transaction.

No Liability for the Acts of Third Parties: The Auctioneer is not responsible for any action taken by any seller, bidder, or other third party before, during, or after an auction.

No Liability for Site Malfunction: You understand that this auction is online-only, and so relies on devices and programs that may malfunction without warning. You agree that the Auctioneer will not be liable for any error or inconvenience that may be the result of such a malfunction. You further understand and agree that the Auctioneer may void or suspend any sale, or resell any item, if the Auctioneer determines a transaction to have been affected by any site malfunction.

26. INDEMNIFICATION

26. Indemnification

You agree to indemnify, defend, and hold harmless the Auctioneer and its employees, officers, owners, affiliates, agents, and representatives from and against any claims, losses, damages, liabilities, judgments, fees, costs, and expenses, including reasonable legal fees and costs, related to, arising from, or associated with you, your agents or representatives – including, but not limited to, personal injury or property damage caused at any sales site or during removal or transportation of items won at auction, any dispute with another bidder, or any violation of these Terms and Conditions.

27. LIMITATIONS

27. Limitations

These Terms and Conditions do not – nor are they intended to – create any agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship. These Terms and Conditions cannot be altered except in writing by the Auctioneer.

28. SEVERABILITY

28. Severablity

If any term, provision, paragraph, condition, or other portion of this agreement – or the application of these to any person, place, or circumstance – is held to be invalid, unenforceable, or void, the remainder of this agreement and such term, provision, covenant, or condition as applied to other persons, places, and circumstances will remain in full force and effect.

29. GOVERNING LAW

29. Governing Law

These Terms and Conditions will be governed by and construed under the laws of the Commonwealth of Pennsylvania.

30. ENTIRE AGREEMENT

30. Entire Agreement

These Terms and Conditions contain our entire agreement and supersede any prior oral or written agreements relating to the same subject matter.

Last Updated

These terms were last updated on April 5, 2016