Terms and Conditions of Use
1. Binding Agreement
By accessing, registering for, or utilizing this online auction platform (hereinafter, the "Platform"), you (hereinafter, the "User" or "Buyer") agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, you may not access or use the Platform.
2. Account Registration and Mandatory Payment Method
To access the bidding functionalities of the Platform, the User must create and maintain an active account.
● Required Payment Method: As a mandatory requirement for account registration, the User must provide and link a valid and authorized payment method to their profile. Acceptable payment methods include a valid credit card, debit card, or a linked bank account.
● Verification: By submitting this payment information, the User represents and warrants that they are the lawful owner of, or are legally authorized to use, the provided payment method. The Platform reserves the right to place a temporary authorization hold on the linked card or account to verify its validity and active status. Failure to maintain a valid payment method on file will result in the immediate restriction or suspension of bidding privileges.
3. Description of Services, Manifests, and "AS IS" Condition
The Platform facilitates online auctions for the purchase of liquidation pallets containing assorted goods (including, but not limited to, apparel, appliances, and general merchandise).
● Manifests: Where applicable, the Platform will provide a "Manifest" detailing the estimated contents, quantities, and general condition of the items within a specific pallet. While we strive for accuracy, Manifests are provided for informational purposes and are not a guarantee of exact item count or pristine condition.
● AS IS, WHERE IS: All pallets and lots are auctioned and sold "AS IS, WHERE IS" and "WITH ALL FAULTS." The Platform strictly disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose. All sales are final.
4. Bidding and Immediate Payment Obligation
Placing a bid on the Platform constitutes a legally binding contract to purchase the item if you are the highest bidder.
● If the User is deemed the winning bidder at the close of an auction, full payment for the won lot is due immediately.
● Payments must be executed through the authorized payment gateways integrated into the Platform using the payment method linked during registration or another approved method.
5. Default of Payment and Escalating Administrative Fees
To maintain the integrity of our auction marketplace, failure to complete payment constitutes a material breach of these Terms. If the winning User fails to submit immediate payment upon the auction's close, the User forfeits their right to the pallet, and the Platform reserves the right to offer the lot to the next highest bidder or relist it. Upon a payment default, the User’s account will be temporarily restricted, and the following escalating reinstatement fees will apply to restore account functionality and bidding privileges:
● First Offense: A non-refundable Administrative Reinstatement Fee of $100.00 USD.
● Second Offense: A non-refundable Administrative Reinstatement Fee equal to 10% of the total winning bid value of the defaulted auction.
The account will remain restricted until the applicable fee is cleared.
6. Account Suspension Policy (Third-Strike Termination)
The Platform reserves the right to refuse service, terminate accounts, or cancel bids at its sole discretion to protect the community.
● Third-Strike Policy: If a User defaults on their payment obligation for a won auction for a third (3rd) time(whether consecutive or over any period of time), the User’s account will be permanently and irrevocably terminated.
● Upon this third strike, the User will be banned from using the Platform, and any associated emails, IP addresses, or payment methods will be blocked from future registration.
7. Dispute Resolution, Arbitration, and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
● Binding Arbitration: You and the Platform agree that any dispute, claim, or controversy arising out of or relating to these Terms and Conditions, the use of the Platform, or the purchase of any pallets/lots, shall be resolved exclusively through final and binding arbitration, rather than in court. The arbitration shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in El Paso, Texas, or in a mutually agreed upon location.
● Class Action and Representative Action Waiver: YOU AND THE PLATFORM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both you and the Platform agree otherwise in writing, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Furthermore, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).
● Jury Trial Waiver: You and the Platform hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury.
8. Governing Law and Jurisdiction
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.