Terms & Conditions
Last Updated Date: 10/06/2026
PLEASE NOTE: YOUR USE OF AND ACCESS TO OUR SERVICES (AS DEFINED BELOW) AND SITE (AS DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS & CONDITIONS (THESE “TERMS & CONDITIONS”). IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS & CONDITIONS, YOU MAY NOT USE OR ACCESS THE SERVICES OR SITE IN ANY MANNER.
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. THEY COVER IMPORTANT INFORMATION ABOUT THE SITE AND THE SERVICES PROVIDED TO YOU, INCLUDING, BUT NOT LIMITED TO, ANY CHARGES, TAXES, AND FEES RELATING TO THE SERVICES, AND ANY INFORMATION ABOUT FUTURE CHANGES TO THESE TERMS & CONDITIONS, LIMITATIONS AND DISCLAIMERS OF LIABILITY, A CLASS ACTION WAIVER AND RESOLUTION OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT.
SIGNIFICANT TERMS
Before reviewing the following Terms & Conditions, please review the following significant terms, which are highlighted for emphasis, and are more fully detailed in the Terms & Conditions set forth below:
A. All winning bidders will incur a Buyer’s Premium (as defined below) in addition to a Bid Fee (as defined below) for every item purchased through the Site.
B. It is mandatory for all bidders to take all boxes upon Product (as defined below) collection. Failure to comply may result in account suspension.
C. Your valid physical government issued photo ID is required for all order pickups to ensure the security and integrity of every transaction and, in certain situations, we may require you to present the credit card used to pay for the applicable Products.
D. All items listed on the Site are available for preview before placing any bids.
E. All Products sold on the Site are sold “As-Is” and “With All Faults.” You assume the risk of any and all damage or loss from use of, or inability to use, the Site the Services. From time to time, a Product you have placed a winning bid for may not be available or may not be located. In such cases, we shall have no risk or liability associated with costs associated with your traveling to and from any Company warehouse. For more detailed information, please carefully review Section 15 below).
F. Authorized Users (as defined below) may pick up Products on your behalf, subject to the requirements set forth in Section 12.H.
G. We recommend you contact the Company to attempt to resolve any billing dispute before initiating a chargeback, dispute, or reversal request with your bank, credit card issuer, or other payment provider. For more detailed information, please carefully review Section 12.I below.
H. All sales are final, and no refunds are issued except as set forth in our Refund & Fee Policy, which is incorporated herein by reference.
AGREEMENT
These Terms & Conditions are entered into by and between you (referred to as “you” or “your” as context may require) and JustBid LLC, a Delaware limited liability company, doing business as JustBid.com and JustBid, and/or its subsidiaries (collectively referred to as “JustBid,” “Company,” “us,” “we,” or “our” as the context may require), and apply to, among other things, the purchase and sale of products (a “Product” or the “Products”) through www.justbid.com (the “Site”), as well as your use and interaction with the Site (collectively, the “Services”). These Terms & Conditions are subject to change by Company without prior written notice at any time, in our sole discretion. Any changes to these Terms & Conditions will be in effect as of the “Last Updated Date” referenced on the Site; provided that any changes to the dispute resolution provisions set forth in Section 32 will not apply to any disputes for which you did not have actual notice on or before the date of such dispute. You should review these Terms & Conditions before using the Services. Your continued use of this Site after the “Last Updated Date” set forth above will constitute your acceptance of and agreement to such changes. YOU AGREE THAT BY USING THE SERVICES YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THESE TERMS & CONDITIONS.
1. ELIGIBILITY. You represent and warrant that you: (a) are above the legal age of majority in your jurisdiction of residence; (b) have not been permanently suspended or removed from the Site or our Services; and (c) have full power and authority to enter into these Terms & Conditions, and in doing so will not violate any other agreement to which you are a party.
2. MOBILE DEVICES. If you use a mobile device to access the Services optimized for mobile viewing, or use a mobile application, the following additional terms and conditions also apply. You understand that wireless service through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage, or other service changes made by your mobile service provider or otherwise. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Services. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details.
3. USE OF THIS SITE. If you access this Site from outside of the United States, you do so at your own risk and are responsible for compliance with local, national, or international laws. In particular, you understand that this Site, the Services, or both may not be available in all countries and that you are responsible for ensuring that it is lawful for you to use this Site and receive the Services in your location. Some countries may have laws that forbid participating in the activities we offer on the Site or Services. These restrictions might include a minimum age for using the Internet or entering into contracts like these Terms & Conditions. You are responsible for making sure you can use this Site and the Services in the location you reside in. Continuing to use the Services represents and warrants to us that you have verified that you are permitted to use the Services in your jurisdiction.
4. USING THE SERVICES.
A. You will be required to register an account (referred to as your “User Profile”) through the Site in order to use the Site or the Services. To complete the registration process, you must provide complete and accurate information requested on the online registration form, or by using your existing Google or Apple accounts. Your username will be a number, which will be automatically generated for you. Unless you register through your Google or Apple account, you will be asked to create a unique password for your account.
B. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any unauthorized use of your account, username, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge (including, but not limited to, the pickup of a Product purchased through your user profile by someone other than you or an Authorized User). You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
C. Company reserves the right, in its sole and absolute discretion, to delete, disable, suspend, or terminate your User Profile, account, or access to the Site or Services at any time, for any reason or no reason, without any notice or communication to you whatsoever, and without liability to you. This includes, but is not limited to, violations of these Terms & Conditions, failure to pick up purchased items, suspected fraud, or any other conduct Company deems detrimental to its interests or operations.
5. PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found by clicking on the “Privacy Policy” link at the bottom of the Site or at (https://www.justbid.com/p/privacy-policy/1) (the “Privacy Policy”). The Privacy Policy is expressly incorporated herein by reference and made a part of these Terms & Conditions.
6. ELECTRONIC MESSAGES. By accessing our Site, signing up for Services, creating an account with us, or typing your name into any of our electronic forms and indicating your acceptance or submission of information by clicking a box, you consent to (i) us communicating with you electronically; (ii) receiving all applications, notices, disclosures, and authorizations from us (collectively, “Records”) electronically; and (iii) entering into agreements and transactions using electronic Records and signatures. Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You must have a computer or other web-enabled device, an internet connection, an active email account, and the ability to receive and read PDF files to conduct business with us electronically. You agree to be responsible for keeping your own Records. If you require assistance with your Records or if you wish to receive Records in paper format or to withdraw your consent to receiving electronic Records from us, please contact us at support@justbid.com. Agreements and transactions executed prior to this request will remain valid and enforceable.
7. COMPANY MATERIALS. Company may make certain digital reproductions of materials, information, content, software, or other materials (including but not limited to intellectual property, database rights, graphics, videos, text, and logos) available to you from this Site from time to time (collectively, the “Company Materials”).
A. Intellectual Property. The Services, Company Materials, information downloaded, and all intellectual property pertaining to or contained on the Services (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by Company or third parties; all rights, title, and interest will remain the property of Company and/or such third-party owner, as applicable. All Company Materials are protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws.
B. Copies of Company Materials. You are authorized to view and retain a copy of pages of the Services only for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images, or other materials on the Services for the purpose of transacting business with us. You may not tokenize copies of the pages of the Services or any other content on the Services. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, or in any way distribute or exploit the Services, or any portion of the Services, for any public or commercial use, without our prior express written consent. Additionally, you agree that you: (a) will not remove or alter any author, trademark, other proprietary notice, or legend displayed on the Services (or printed pages produced from the Services), and (b) will not make any other modifications to any documents obtained from the Services other than in connection with completing information required to transact business with Company.
C. License to Use Company Materials. By using the Services, we grant you a non-exclusive, non-transferrable, non-sublicensable right and license to use the Company Materials for your personal use only. If you download, access or use any Company Materials, you agree that such materials: (i) may only be used for your personal use; (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Company’s prior written permission; (iii) shall not be submitted to, processed by, or otherwise fed into any artificial intelligence or automated processing software; and (iv) shall only be used in compliance with any additional license terms accompanying such materials.
8. INTELLECTUAL PROPERTY; USER CONTENT.
A. The Services, the Site, and the respective content, text, graphics, data, articles, photos, images, illustrations, and other content (all of the foregoing, the “Content”), features, and functionalities (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms & Conditions permit you to use the Services for your own personal, non-commercial use only.
B. The JustBid name and logo and all names, logos, product and service names, designs, and slogans related to the Services are trademarks of Company or its affiliates or licensors. You must not use such marks without the prior written consent of Company. You agree not to display, transmit, or otherwise distribute any Content in violation of Company, its affiliates, its licensors or any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your bidding profile. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.
C. You hereby grant Company a fully paid, royalty-free, sublicensable, irrevocable, and worldwide license to translate, modify (for technical purposes, for example making sure your Content is viewable on an iPhone as well as a computer) and reproduce and otherwise use the information, content or materials you send, display, or otherwise communicate to Company through message, by email, or other means (“User Content”), You agree that Company may publish or otherwise disclose your name in connection with your User Content. By transmitting the User Content to Company, you warrant and represent that you own the rights to the User Content or are otherwise authorized to license, display, transmit, or otherwise distribute the User Content.
D. User Content Guidelines. By submitting User Content or using the Services, you further agree that you will not, in connection with User Content, submit material that is contrary to the following guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations: You will not submit any User Content that does not generally pertain to the designated topic or theme of the Site or the Services. You will not post images or comments that include: (i) pornographic or sexually explicit content; or (ii) showing graphic or gratuitous violence. You will not submit User Content that is harassing, threatening, abusive, racist, incomplete, obscene, intimidating, offensive, bigoted, constitutes hate speech, infringes, violates another party’s rights (including intellectual property rights, and rights of privacy and publicity), contains private information of any third party, or is otherwise objectionable (all as determined by us).
E. Company’s Removal of User Content. You understand and agree that we, without any obligation to do so, may monitor or review any User Content you post, upload or otherwise communicate through the Services. We reserve the right to remove any such User Content, in whole or in part, at our sole discretion, that violates these Terms & Conditions, is likely to harm our reputation, is deemed inappropriate or otherwise poses a risk of harm to any other person. We reserve the right to deactivate your Account or otherwise prevent your use and/or participation on the Services at any time and for any reason.
9. COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Services. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Services user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at:
JustBid.com
320 Commerce Cir, Sacramento, CA 95815
(916) 249 - 2917
support@justbid.com
A. Submitting a DMCA Counter-Notification. We will notify you that we have removed or disabled access to copyright-protected material that you provided if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification, in writing, to Company’s designated agent that includes all of the following information: (a) your physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (d) your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Company may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
B. Termination of Infringers. Company reserves the right, at its sole discretion, to terminate the account or access of any user of the Site who is the subject of DMCA or other infringement notifications.
10. INAPPROPRIATE CONTENT. You shall not send, display, or otherwise communicate, through the Site or Services, any type of content that (a) is libelous, defamatory, obscene, pornographic, vulgar, profane, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your transmission or other distribution of any such material using the Services, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms & Conditions or of any applicable laws.
11. ALLEGED VIOLATIONS. Company reserves the right to terminate, suspend, or disable your use of the Services or the Site at any time, for any reason or no reason at all, without any notification to you whatsoever, and without any liability to you. To ensure that Company provides a high-quality experience for you and for other users of the Site and the Services, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Site or the Services. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of these Terms & Conditions, furnished Company with false or misleading information, or interfered with use of the Site or the Services by others.
12. BIDS, COLLECTION & PAYMENT.
A. Company reserves the right, in its sole and absolute discretion, to determine the duration of each time period for bidding, and may cancel, postpone, or discontinue (temporarily or permanently) a bid at any time without any notice to you. You may not bid through a secondary account, or otherwise manipulate, directly or indirectly, bidding through the Site. Company reserves the right, in its sole and absolute discretion, to reject or void bids Company believes are not made in good faith, or are intended to manipulate a bid. While Products are generally sold to the highest bidder, Company does not guarantee the highest bidder will have the right to purchase the Product.
B. If you are the winning bidder for Product, you will be charged fifteen percent (15%) of the total winning bid price (a “Buyer’s Premium”) and a $2 per each item lot fee (the “Bid Fee”). Sales tax is not included in the Bid Fee, and the Company will collect all applicable sales tax related to the Product, which may increase the final amount that must be paid for the Product. All bids placed on items are final, and cannot be removed, retracted, deleted, or otherwise changed. You further acknowledge and agree that, in the event of a winning bid, you are obligated to purchase the relevant Product(s). To the extent that there are unused Bid Bux (as defined below) associated with your user profile, such Bid Bux will be automatically applied to your order on your invoice. NO SALE IS FINAL UNTIL ALL APPLICABLE FEES, INCLUDING BUT NOT LIMITED TO THE BID FEE AND BUYER’S PREMIUM ARE PAID IN FULL.
C. Company emails invoices to the highest bidder the day after the bid period for a Product ends and will automatically charge the card on file for the Product. Your invoices are also available in your User Profile. Once a Product is paid for in full, you may pick up the Product you purchased at the scheduled pickup day and time that is listed on the page for that Product. You may also make payments for declined invoices directly from your User Profile before picking up the Product. At the time of pickup, you must present (i) a valid, physical, non-expired driver’s license or other government issued photo identification (photocopies, photographs, or digital images of identification are not accepted under any circumstances), and (ii) a “paid in full” invoice in paper form or electronically on the JustBid.com mobile application to pick up a Product. If you present a “paid in full” invoice in paper form, you must also present the credit card used to pay for the Product at the time of pickup. Notwithstanding the foregoing, if your account has been flagged as high-risk (as determined by Company in its sole discretion based on factors including, but not limited to, a history of unpaid invoices, failure to pick up purchased Products or, in the Company’s sole judgment, suspicious activity related to your account), you must present both a valid, non-expired government-issued photo identification and the credit card used to pay for the Product at the time of pickup, regardless of whether you present a paper invoice or electronically on the JustBid.com mobile application. If your Product was not paid for and you do not have a “paid in full” invoice, you may present your invoice the day you pick up the Product and pay the full amount of the invoice immediately upon pickup with cash or credit card. Your driver’s license or other government issued photo identification numbers may be temporarily recorded to prevent unauthorized pickup, and will be securely stored using industry-standard encryption and applicable data privacy laws and permanently deleted from the Company’s system within 30 days after all Products are picked up or immediately upon request, in accordance with California Civil Code § 1798.80, Company’s privacy policy and applicable privacy laws. Company’s employees, agents, or representatives will assist in locating your Product(s). Upon retrieval, Company will deliver your Product(s) to you and obtain your signature confirming receipt. You must verify that all Products were given to you prior to leaving the premises. PLEASE NOTE: ONLY YOU OR AN AUTHORIZED USER MAY PICK UP PRODUCTS PURCHASED THROUGH YOUR USER PROFILE AND NO OTHER PERSON MAY PICK UP PRODUCTS ON YOUR BEHALF.
D. If you or an Authorized User are not able to pick up a Product on the scheduled day, as indicated above, it is your responsibility to contact us at support@justbid.com to make alternative pickup arrangements (subject to our approval, which we may refuse to give in our sole discretion) before the designated pickup date and time.
E. If you (i) fail to pick up a Product on the scheduled pickup time, and (ii) fail to make alternative pickup arrangements approved by Company at least twenty-four (24) hours in advance, then such Products are deemed forfeited, and the fees set forth in our Refund & Fee Policy shall apply.
F. You acknowledge that some Products may be replicas, reproductions, or non-authentic items, and Company makes no warranties or representations regarding the authenticity, origin, or genuine nature of any Products. From time to time, Company may post retail prices of the Products it lists for sale on the Site. Company does not represent or warrant that these retail prices are true or accurate, and it is your responsibility to research the actual retail price of the Products you purchase.
G. We use reasonable efforts to ensure the accuracy of Product imagery and Product information on our Site, including information regarding ingredients, food allergens, best by dates, and nutrition information. However, we make no guarantee that such imagery and information is accurate and complete. We are not able to verify the accuracy or completeness of Product information. Before consuming any Product you purchase from us, please check the Product package for information regarding ingredients, allergens, nutritional content, and best by date. If you have specific questions about the Product’s suitability for you, you should contact the manufacturer directly.
H. An “Authorized User” is an individual whom you have designated to pick up Products on your behalf. To designate an individual as an Authorized User, the individual must create their own user profile on the Site in accordance with Section 4.A above. You may transfer any invoices for any Product to be picked up by an Authorized User to the Authorized User’s account, and the Authorized User will be responsible for pickup in accordance with these Terms & Conditions. Authorized Users must comply with all pickup requirements set forth in this Section 12, including the presentation of valid photo identification and, if applicable, the credit card used for payment. You remain responsible for any actions taken by your Authorized Users, and you agree to indemnify and hold harmless Company from any claims, damages, or losses arising from the acts or omissions of your Authorized Users. The transfer of an invoice or pickup rights to an Authorized User does not release you from any of your obligations under these Terms & Conditions. Company reserves the right to revoke any Authorized User designation at any time in its sole and absolute discretion.
I. A chargeback occurs when you dispute a transaction directly with your bank or card issuer. Before initiating a chargeback, we recommend you contact our support team to see if we can help resolve the issue. If a chargeback is determined to be invalid after investigation, you may be responsible for the disputed amount, and penalties may include account suspension, permanent loss of bidding privileges upon repeated offenses, required secure payment verification for future use, and Company declining future transactions with you. Nothing in this Section is intended to limit your rights under applicable federal or state consumer protection laws, including the Fair Credit Billing Act. Upon the Company receiving a chargeback notice, your account may be locked to prevent further bidding pending resolution. Company will collect evidence including order and Product logs, pickup confirmation and system timestamps, listing descriptions and condition photos, and your communication history. Evidence will be submitted to the payment processor within the allotted dispute window, and outcome notification will be sent to you. Company is not liable for decisions made by payment processors, card networks, or financial institutions.
J. To the fullest extent permitted by applicable law, if there is any conflict between these Terms & Conditions and California Commercial Code §§ 1302 et seq., these Terms & Conditions shall govern, except where such provisions cannot be varied by contract under applicable law. You will become the lawful owner of the Product you purchase upon physical receipt of the Product, in accordance with California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2).
K. PRODUCT AVAILABILITY AND TRAVEL. YOU ACKNOWLEDGE AND AGREE THAT, FROM TIME TO TIME, A PRODUCT MAY NOT BE AVAILABLE FOR PICKUP, MAY NOT BE LOCATED, OR MAY NOT BE AS DESCRIBED ON THE SITE. YOU ARE SOLELY RESPONSIBLE FOR ALL COSTS, RISKS, AND LIABILITIES ASSOCIATED WITH TRAVELING TO AND FROM ANY COMPANY WAREHOUSE OR PHYSICAL LOCATION, INCLUDING BUT NOT LIMITED TO TRANSPORTATION COSTS, FUEL, VEHICLE WEAR, AND ANY INCIDENTS OCCURRING DURING TRANSIT. COMPANY SHALL HAVE NO LIABILITY FOR ANY SUCH COSTS OR RISKS, REGARDLESS OF WHETHER THE PRODUCT IS AVAILABLE FOR PICKUP, MATCHES ITS DESCRIPTION, OR WHETHER YOU COMPLETE THE PICKUP.
13. SHIPPING & RETURNS.
A. We do not provide any services to ship Products to winning bidders. You may arrange for the delivery of Products by contacting us, although we do not guarantee that Products can be delivered. Delivery services, if this service is accepted in writing by Company, will be an additional and sole cost to you, which may change depending on the location and timeline for delivery.
B. SUBJECT TO THE SPECIFIC LIMITATIONS SET FORTH IN THESE TERMS & CONDITIONS AND OUR REFUND & FEE POLICY, ALL SALES OF PRODUCTS ARE “AS-IS” AND FINAL, AND NO REFUNDS OR RETURNS WILL BE ALLOWED .
C. Only items that are listed as “Appears New” may be returned for full refund in Company’s discretion. If you determine that a Product listed as "Appears New" was mislabeled and does not meet its description, you may request a refund under this Section as follows: (i) you must submit a return request within five (5) days after the final pickup day; (ii) if Company approves the return in writing following its review of the Product, you will have ten (10) days from the date of approval to return the Product to any Company warehouse.
D. The Products on the Site may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, reexport, or import authorizations required by U.S. or your local laws; (b) not use the Products to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide Products to prohibited countries and entities identified in the U.S. export regulations. By accepting these Terms & Conditions, you confirm that you are not a resident or citizen of any country currently embargoed by the U.S. A list of embargoed countries is available at the official website of the Office of Foreign Assets Control of the U.S. Department of the Treasury at: www.treas.gov/ofac.
14. BID BUX
A. “Bid Bux” means a non-cash, non-transferable credit issued by the Company, in its sole discretion, including merchandise return credits and other discretionary credits, that may be applied toward future purchases on the Site, subject to the terms and conditions set forth herein. BID BUX HAVE NO CASH VALUE AND DO NOT EXPIRE; provided, however, that all Bid Bux associated with a user account will be forfeited if the customer deletes their account or if the account is banned pursuant to these Terms.
B. Bid Bux may be issued under the following circumstances, at Company's sole discretion: (i) approved refunds under our Refund & Fee Policy; (ii) compensation for missing or misrepresented items; (iii) customer service resolutions where a cash refund is not granted; or (iv) promotional programs, account adjustments, or goodwill gestures specifically designated as Bid Bux. Issuance of Bid Bux is final and may be denied if fraud, abuse, or ineligibility is suspected. Issuance of Bid Bux does not constitute an admission of fault or liability by Company.
C. To initiate any claim for Bid Bux, you must notify a Company employee of any issues before leaving the warehouse premises, as any right to Bid Bux is automatically voided upon items leaving the warehouse property. Items classified as “Open Box,” “Pre-Owned,” or any other condition are available for preview before placing any bids. Any items designated as “Damaged” or items purchased on pallets are not eligible for any form of credit or adjustment under any circumstances. Where applicable law prohibits such limitations, any mandatory remedies shall be limited to Bid Bux only.
D. Abuse of Bid Bux, including fraudulent returns, excessive claims, or manipulation of account activity, may result in forfeiture of all Bid Bux and account suspension or termination. Company reserves the right to deny issuance, revoke or restrict use, or remove Bid Bux balances from accounts where fraud, abuse, or violation of Company policies is suspected. Company disclaims liability for lost, misapplied, or unauthorized use of Bid Bux caused by buyer’s negligence.
15. AS-IS SALES; PRODUCT DESCRIPTIONS; NO WARRANTIES.
A. PLEASE NOTE: THE PRODUCTS SOLD ON THE SITE ARE BEING SOLD “AS IS” AND “WITH ALL FAULTS”. BY BIDDING ON A PRODUCT YOU ACKNOWLEDGE AND AGREE: (1) SUCH PRODUCT IS SOLD “AS IS” AND “WITH ALL FAULTS”, (2) YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SUCH PRODUCT, AND (3) SHOULD SUCH PRODUCT PROVE TO BE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
B. PRODUCT DESCRIPTIONS. AS USED HEREIN AND IN CONNECTION WITH THE SERVICES, SOLELY FOR YOUR REFERENCE, THE FOLLOWING PRODUCT DESCRIPTIONS HAVE THE MEANINGS SET FORTH BELOW:
(1) “APPEARS NEW”: ITEMS LISTED AS APPEARS NEW SHOW NO OBSERVABLE SIGNS OF PRIOR USE BASED ON A LIMITED VISUAL INSPECTION. PACKAGING MAY BE OPENED OR SLIGHTLY WORN; HOWEVER, THE ITEM ITSELF APPEARS TO BE NEW OR UNUSED.
(2) “OPEN BOX”: ITEMS LISTED AS OPEN BOX HAVE UNDERGONE A LIMITED VISUAL INSPECTION AND MAY SHOW MINOR SIGNS OF HANDLING OR LIGHT PRIOR USE, INCLUDING BUT NOT LIMITED TO SMALL SCRATCHES, DENTS, WATER MARKS, OR GENERAL WEAR. MAJOR COMPONENTS ARE TYPICALLY PRESENT; HOWEVER, MINOR ACCESSORIES OR HARDWARE MAY BE MISSING. NO FUNCTIONALITY TESTING HAS BEEN PERFORMED.
(3) “PRE-OWNED”: ITEMS LISTED AS PRE-OWNED SHOW CLEAR EVIDENCE OF PREVIOUS OWNERSHIP OR USE. A LIMITED VISUAL INSPECTION HAS BEEN CONDUCTED; THEREFORE, SIGNS OF WEAR, HEAVY USAGE, UNREPORTED DEFECTS, MISSING COMPONENTS, OR OPERATIONAL ISSUES MAY BE PRESENT. COMPLETENESS AND FUNCTIONALITY HAVE NOT BEEN VERIFIED.
(4) “DAMAGED”: ITEMS LISTED AS DAMAGED ITEMS EXHIBIT VISIBLE DEFECTS, STRUCTURAL DAMAGE, OR MISSING COMPONENTS BASED ON VISUAL INSPECTION. THESE ITEMS MAY BE NON-FUNCTIONAL, INCOMPLETE, OR REQUIRE SIGNIFICANT REPAIR. THEY ARE TYPICALLY CONSIDERED SALVAGE OR PARTS-ONLY ITEMS.
FOR THE AVOIDANCE OF DOUBT, EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 15, THE PRODUCT DESCRIPTIONS SET FORTH HEREIN ARE FOR REFERENCE PURPOSES ONLY AND DO NOT CONSTITUTE A REPRESENTATION, WARRANTY OR GUARANTY AS TO THE CONDITION OF ANY PRODUCT.
C. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT PRODUCTS MAY BE REPLICAS, REPRODUCTIONS, OR NON-AUTHENTIC ITEMS, AND EXCEPT AS EXPRESSLY PROHIBITED BY APPLICABLE LAW, COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE AUTHENTICITY, ORIGIN, OR GENUINE NATURE OF ANY PRODUCTS. COMPANY IS MAKING THE SITE, SERVICES, AND ALL PRODUCTS AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE, SERVICES, AND PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICES, AND PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FUNCTIONALITY OF THE SITE FOR THE PURPOSE OF PLACING BIDS OR OTHERWISE, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
D. COMPANY DOES NOT WARRANT THAT THE SITE, SERVICES, AND PRODUCTS WILL MEET YOUR REQUIREMENTS, THAT THE PRODUCTS ARE NEW (EVEN IF LABELED AS SUCH), THAT THE PRODUCTS ARE NOT DAMAGED (EVEN IF LABELED AS SUCH), THAT THE PRODUCTS ARE THE ACTUAL MODEL NUMBER AND/OR SIZE INDICATED ON THE SITE OR AT COMPANY’S PHYSICAL LOCATION, THAT THE OPERATION OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT YOU RECEIVE THE PRODUCT FOR WHICH YOU WERE THE WINNING BIDDER OR THAT YOU WILL BE THE WINNING BIDDER ON ANY SPECIFIC PRODUCT. COMPANY SELLS FOOD PRODUCTS ON THE SITE AND MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONDITION OF FOOD PRODUCTS, AND WHETHER FOOD PRODUCTS ARE NOT EXPIRED OR OTHERWISE SAFE TO CONSUME. YOU ASSUME THE FULL RISK OF CONSUMING ANY FOOD SOLD ON THE SITE. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE EXISTENCE, TESTING, DISCOVERY, LOCATION, CONTAINMENT, OR EMISSION OF ENVIRONMENTAL POLLUTANTS OR HAZARDOUS WASTE REGARDING THE PRODUCTS UNDER FEDERAL, STATE, AND LOCAL LAWS AND ORDINANCES. YOU ASSUME ALL RESPONSIBILITY IN OBTAINING THE REQUIRED PERMITS, LICENSES, OR OTHER PERMISSIONS TO USE THE PRODUCTS IN THE STATE OR COUNTRY IN WHICH YOU INTEND TO USE THE PRODUCTS, AND YOU SHALL INDEMNIFY COMPANY TO THE FULLEST EXTENT FOR IMPROPER OR ILLEGAL USE OF THE PRODUCTS AS INDICATED IN SECTION 21 OF THESE TERMS & CONDITIONS.
E. DUE TO THE AFOREMENTIONED, YOU ACKNOWLEDGE AND AGREE THAT YOU MUST FULLY INSPECT ALL ITEMS IMMEDIATELY UPON PICKUP TO ENSURE THEY ARE THE ITEMS YOU BID ON, AND ARE IN THE CONDITION INDICATED IN THE BIDDING PROCESS AND AS DESCRIBED IN OUR WAREHOUSE. ANY FAILURE TO IMMEDIATELY INSPECT AND REPORT MATERIAL DISCREPANCIES PRIOR TO REMOVING ITEMS FROM THE WAREHOUSE SHALL CONSTITUTE AN ACCEPTANCE OF THE ITEMS IN THEIR CURRENT CONDITION, SUBJECT TO ANY NON-WAIVABLE RIGHTS UNDER CALIFORNIA LAW. YOU ARE FULLY RESPONSIBLE FOR IDENTIFYING MISLABELED ITEMS, OR ITEMS THAT ARE NOT COMPLETELY ACCURATE AS DESCRIBED ON THE SITE OR AT OUR WAREHOUSE, BEFORE REMOVING THESE ITEMS FROM OUR PRESENCE.
16. LIMITED LIABILITY. YOU AGREE THAT COMPANY SHALL NOT HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE AND/OR SERVICES. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE COMPANY (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF THE COMPANY) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE AND/OR SERVICES. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING PARAGRAPH AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE COMPANY, FOR ANY CLAIM, COST, DAMAGE, OR LOSS ARISING OUT OF OR RELATING TO THE SERVICES, INCLUDING FOR ANY WARRANTIES THAT MAY NOT BE EXCLUDED, SHALL NOT EXCEED THE LESSER OF THE AMOUNT YOU PAID TO US DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR $20.00 (TWENTY DOLLARS) (USD) WHICHEVER IS GREATER (THE “LIABILITY CAP”).
Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
17. RELEASE. Notwithstanding anything herein to the contrary, in the event you do pursue any claims against Company, in consideration for your use of the Site and (if applicable) purchase of the Products and to the maximum extent permitted by applicable law, you hereby knowingly and voluntarily release all known and unknown claims, liabilities, and causes of action against Company to the greatest extent permitted by law, and you acknowledge that you are familiar with California Civil Code §1542, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
a18. PAYMENT FOR PURCHASED GOODS. The prices displayed on this Site are quoted in United States dollars. Product prices do not include any applicable sales, use, excise, value-added or other taxes or governmental charges, and you shall be responsible for same. You are also responsible for the payment of each of these. At the time you place a bid for Products, you will be required to provide your payment information. You represent and warrant that: (i) such information is both valid and correct; and (ii) you are the person referred to in the payment information provided.
A. Please note that the credit card issuers whose credit cards we accept (the “Payment Networks”) have established guidelines, bylaws, rules, and regulations (collectively, the “Payment Network Rules”). We are required to comply with all applicable Payment Network Rules. The Payment Networks may amend the Payment Network Rules at any time and without notice to us or to you. We reserve the right to amend these Terms & Conditions at any time for the purposes of complying with: (i) the Payment Network Rules; as well as (ii) the requirements of our third party payment processing service provider. To purchase any Products: (a) you must have been issued a valid credit/debit card from a member of the Payment Network who has authorized Company to process a charge on their credit/debit card in the amount of the total purchase price for the Products; and (b) you also consent to be billed for each transaction under these Terms & Conditions (or, as the case may be, on a recurring basis) in compliance with: (i) applicable legal requirements; and (ii) the requirements disclosed to you by your credit card issuer. Under no circumstances will we be responsible: (i) for any charges that your credit card issuer may apply to you as a result of our processing your order; (ii) if your credit card issuer refuses or fails to authorize payment by you; or (iii) for any delays or non-delivery of the item that you endeavored to purchase arising from any validation checks that may be carried out regarding your payment or identification.
19. THIRD PARTY PAYMENT PROCESSORS. You acknowledge and understand that we use a third-party payment processor, Authorize.net (“Processor”), to process payments you make through the Site. Accordingly, in connection with your use of the Site and the Services, your payment information will be shared with Processor. You hereby authorize us and Processor to store your payment information as outlined herein. By making payments through the Services, you agree to be bound by Processor’s terms of use available at https://www.authorize.net/about-us/terms.html?dcid=9af382b1-6914-ee11-8f6d-000d3a341bbd and privacy notice available at https://usa.visa.com/legal/global-privacy-notice.html. Company makes no guarantees about the quality of the services provided by the Processor, and Company assumes no responsibility for any issues with payments or other errors arising out of or relating to your payment through the Processor, or in relation to the Services on the Site.
20. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Services. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Services to send unsolicited e-mail, messages, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability under applicable state and federal laws, including but not limited to the Computer Fraud and Abuse Act.
21. INDEMNITY. You agree to indemnify, defend, and hold harmless Company and its Related Parties (as defined below) as set forth in this section. You agree to indemnify, defend, and hold harmless Company and its past, present and future affiliates, officers, directors, employees, consultants, agents, representatives, successors and assigns (collectively, “Related Parties”) from any and all claims, losses, liabilities, damages, costs, expenses, actions, or demands (including reasonable attorneys’ fees and costs, court costs, settlement amounts, and costs of investigation and defense), whether from third parties or otherwise, arising from or related to your access to or use of the Site, use of the Products, your violation of these Terms & Conditions, your infringement (or infringement by any other user of your account) of any intellectual property or other right of any person or entity, your presence at any Company physical location, or your negligence or willful misconduct. Company may notify you of any such claim, loss, liability, or demand, provided that any delay or failure to notify will not relieve you of your indemnification obligations except to the extent you have been materially prejudiced by such delay or failure. Company may, at its option, elect to assume control of the defense and settlement of any such claim with counsel of its choice, and in such case, you shall cooperate fully with Company and shall pay all associated costs and expenses, including attorneys’ fees.
22. GOVERNING LAW. These Terms & Conditions shall be construed in accordance with and governed by the laws of the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Sacramento, California, in all disputes arising out of or related to the Site or the Services, and you waive any objection to venue in such courts based on forum non conveniens or other grounds.
23. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms & Conditions to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms & Conditions shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. Sections 15 (As-Is Sales; Product Descriptions; No Warranties), 16 (Limited Liability), 21 (Indemnity), 32 (Dispute Resolution), and the Security section will survive any termination or expiry of these Terms & Conditions.
24. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use (i) the Software or Content, except to the extent necessary to use the Site or the Services, or (ii) any of the trademarks, service marks or logos or other intellectual property owned by Company.
25. CALIFORNIA, MISSOURI, & KENTUCKY USE ONLY. The Site is controlled and operated by Company from its offices in the State of California, and the Company also has operations in Missouri and Kentucky. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. While the Site is primarily intended for use by persons located in California, Missouri, and Kentucky, Company reserves the right to make the Site and services available in other jurisdictions at its sole discretion, subject to applicable laws and regulations, and access from territories where such access is illegal is prohibited. Company does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than California, Missouri, and Kentucky.
26. AVAILABILITY. We cannot and do not promise that the Site or the Services will be uninterrupted, secure, or error-free. We reserve the right to interrupt/suspend this Site or the Services, or any part thereof, with or without prior notice for any reason.
27. ACCESS TO THE INTERNET. You are solely responsible for obtaining and maintaining all internet, computer hardware and other equipment needed to access and use this Site and the Services, and you shall be solely responsible for all charges and fees related thereto. Please note that the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Company is not liable for any damages related to communications to, or from, this Site or the Services.
28. CURRENCY OF SITE. Company cannot and does not guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Site and the Services. We have the right, but not the obligation, to correct any errors, inaccuracies or omissions and to change or update this Site (including the Company Materials) and the Services at any time, without prior notice to you.
29. LINKS TO OTHER SITES AND SERVICES. This Site or the Services may contain links to outside services and resources, the availability and content of which Company does not control. The inclusion of these links does not imply that Company monitors or endorses these sites. We are not responsible for examining or evaluating, and we do not warrant the offering of these services and resources or the content of these websites. We do not assume any responsibility or liability for the actions, products, and content of these and any other websites. Any concerns regarding any such services or resources should be directed to the service or resource.
30. SECURITY. Company makes no warranty whatsoever to you, express or implied, regarding the security of the Services, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Services. Company is not responsible for any losses resulting from the loss or theft of your device, the loss or theft of your information transmitted from or stored on your devices, or any losses arising from the use of your device by someone whom you have given access. You are required to notify us of any unauthorized use of the Services by using the contact information provided on this Site. Due to technical difficulties with the internet, internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site or the Services. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Site or the Services. Company recommends that you install appropriate anti-virus or other protective software. COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SOFTWARE, COMPUTER VIRUSES OR OTHER DESTRUCTIVE, HARMFUL OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE IMPACT YOUR USE OF YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE OR THE SERVICES OR YOUR DOWNLOADING OF ANY USER MATERIALS OR OTHER CONTENT FROM THIS WEBSITE.
31. MODIFICATIONS. Company may, in its sole discretion and with reasonable notice to users, (a) revise these Terms & Conditions; (b) modify the Site and/or the Service; (c) discontinue the Site and/or Service; and (d) disable or terminate your account. Company has no obligation to notify you if your account has been disabled or terminated, whether verbally, in writing, or through any other means of communication. Any material changes will be effective thirty (30) days after posting notice of such changes. Company shall post any revision to these Terms & Conditions to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms & Conditions and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
32. DISPUTE RESOLUTION. YOU AGREE TO MEDIATE AND, IF NECESSARY, ARBITRATE ANY DISPUTE OR CLAIM BETWEEN OR AMONG YOU AND ANY OTHER REGISTERED USER ON THE SITE OR COMPANY ARISING OUT OF OR RELATING TO THESE TERMS & CONDITIONS, ANY SALE OF PRODUCTS, ANY INSPECTION REPORT OR ANY OTHER TRANSACTION CONTEMPLATED BY THESE TERMS & CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ALL CONTRACT AND TORT CLAIMS, STATUTORY CLAIMS, CLAIMS FOR RELIEF WHETHER EQUITABLE OR LEGAL, ISSUES OF ARBITRABILITY, AND DISPUTES ABOUT THE SCOPE OF THIS CLAUSE (EACH, A “DISPUTE”). ANY SUCH DISPUTE SHALL BE CONDUCTED PURSUANT TO THE TERMS OF THIS SECTION.
A. MEDIATION. BEFORE INITIATING ANY ARBITRATION, THE PARTIES SHALL ENGAGE IN MEDIATION, WHICH IS A PROCESS IN WHICH PARTIES ATTEMPT TO CONFIDENTIALLY RESOLVE ANY DISPUTE BY SUBMITTING IT TO AN IMPARTIAL, NEUTRAL MEDIATOR WHO IS AUTHORIZED TO FACILITATE THE RESOLUTION OF THE DISPUTE BUT WHO IS NOT EMPOWERED TO IMPOSE SETTLEMENT TERMS ON THE PARTIES. MEDIATION SHALL BE CONDUCTED IN SACRAMENTO COUNTY, CALIFORNIA, BY A MEDIATOR AFFILIATED WITH THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNLESS THE PARTIES MUTUALLY AGREE TO A DIFFERENT MEDIATOR.
B. BINDING ARBITRATION. SHOULD MEDIATION PROVE UNSUCCESSFUL TO RESOLVE THE DISPUTE, AND WITHIN ONE (1) YEAR OF THE DISPUTE ARISING, A PARTY MAY MAKE A DEMAND FOR BINDING ARBITRATION TO BE CONDUCTED IN ACCORDANCE WITH THE RULES OF COMMERCIAL ARBITRATION OF THE AAA. A SINGLE ARBITRATOR WITH KNOWLEDGE OF THE INDUSTRY SHALL CONDUCT THE ARBITRATION IN SACRAMENTO COUNTY, CALIFORNIA. THE PARTIES SHALL MUTUALLY AGREE UPON SUCH ARBITRATOR. IN THE EVENT THAT THE PARTIES HAVE NOT AGREED TO A MUTUALLY ACCEPTABLE ARBITRATOR WITHIN THIRTY (30) DAYS OF THE DATE OF THE NOTICE OF INTENTION TO ARBITRATE, THE AAA SHALL SELECT THE ARBITRATOR FROM ITS REGULARLY MAINTAINED LIST OF COMMERCIAL ARBITRATORS. THE ARBITRATOR SHALL HAVE THE POWER TO AWARD DAMAGES CONSISTENT WITH THE LIMITATIONS SET FORTH IN SECTION 16 OF THESE TERMS & CONDITIONS. THE PREVAILING PARTY IN ANY ARBITRATION SHALL HAVE THE RIGHT TO AN AWARD OF ATTORNEYS’ FEES AND COSTS. THE AWARD OF THE ARBITRATOR SHALL BE FINAL AND BINDING AND ANY PARTY TO THE DISPUTE MAY SEEK TO CONFIRM THE AWARD OF THE ARBITRATOR IN ANY STATE OR FEDERAL COURT OF COMPETENT JURISDICTION IN SACRAMENTO COUNTY, CALIFORNIA, AND ENFORCE THE AWARD AS A JUDGMENT.
C. WAIVER OF JURY TRIAL. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO A JURY TRIAL.
D. NO CLASS ACTIONS OR REPRESENTATIVE PROCEEDINGS. YOU AND COMPANY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY IS WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE OR CONSOLIDATED PROCEEDING. UNLESS EACH PARTY AGREES IN WRITING OR AS PROVIDED IN THESE TERMS & CONDITIONS, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING. IF THERE IS A FINAL JUDICIAL DETERMINATION THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF THE WAIVER CONTAINED IN THIS PARAGRAPH AS TO ANY CLAIM, CAUSE OF ACTION OR REQUESTED REMEDY, THEN THAT CLAIM, CAUSE OF ACTION OR REQUESTED REMEDY, AND ONLY THAT CLAIM, CAUSE OF ACTION OR REQUESTED REMEDY, WILL BE SEVERED FROM THESE TERMS & CONDITIONS TO ARBITRATE AND WILL BE BROUGHT IN A COURT OF COMPETENT JURISDICTION. IN THE EVENT THAT A CLAIM, CAUSE OF ACTION OR REQUESTED REMEDY IS SEVERED PURSUANT TO THIS SECTION, THEN YOU AND WE AGREE THAT THE CLAIMS, CAUSES OF ACTION OR REQUESTED REMEDIES THAT ARE NOT SUBJECT TO ARBITRATION WILL BE STAYED UNTIL ALL ARBITRABLE CLAIMS, CAUSES OF ACTION AND REQUESTED REMEDIES ARE RESOLVED BY THE ARBITRATOR.
E. One Year to Assert Claims. IN NO EVENT SHALL YOU SEND A CLAIMANT NOTICE OR COMMENCE LITIGATION OVER ANY DISPUTE MORE THAN ONE (1) YEAR AFTER THE DISPUTE FIRST AROSE. AFTER SUCH TIME, THE DISPUTE IS PERMANENTLY BARRED, WHICH MEANS THAT YOU WILL NO LONGER HAVE THE RIGHT TO ASSERT THAT DISPUTE. NOTWITHSTANDING THE FOREGOING, THIS LIMITATION SHALL NOT APPLY TO CLAIMS BROUGHT BY COMPANY AGAINST YOU, INCLUDING BUT NOT LIMITED TO CLAIMS FOR COLLECTION OF AMOUNTS OWED, INDEMNIFICATION, OR BREACH OF THESE TERMS & CONDITIONS.
F. Third-Party Beneficiaries. You must resolve Disputes with Company’s past, present, and future affiliates and agents as though they were or are Company. Such affiliates and agents are third-party beneficiaries of this Section 32 and can enforce this Section 32 as though they were or are Company in the event they become involved in a Dispute with you. Otherwise, these Terms & Conditions are only for the benefit of, and will only be enforceable by, you and Company only and do not give rights to any third parties.
G. Severability of Dispute Resolution Provisions. If any part of this Section 32 is found to be unlawful or unenforceable for any reason, including because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms & Conditions and (ii) the remainder of these Terms & Conditions will remain in effect. If the class action waiver in Section 32.D is found to be unlawful or unenforceable in a state for any reason, to the fullest extent allowed by applicable law, claimants may seek certification only of a class composed of residents of that state. Further, if any part of this Section 32 is found to unlawfully prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought, and the remainder of this Section 32 will be enforceable.
33. NON-AUCTION SALES NOTICE. Company operates its platform utilizing proprietary software designed to offer items for sale on an individual basis, with bidding available throughout the day (the “Software”). This method of sale is not an “auction” as that term is defined under California Civil Code section 1812.600 et seq., and Company is not an “auctioneer” under California law, or under any analogous state, federal, or municipal statutes, laws, or ordinances. Consequently, the legal frameworks governing “auctions,” “auctioneers,” or similar entities do not apply to the operations of the Company. By engaging with the Site, users expressly acknowledge and agree that the Company’s services do not constitute an “auction” under applicable law, and users knowingly and voluntarily waive any claims or defenses based on auction law or practices and agree to the terms and conditions set forth herein.
34. PHYSICAL LOCATIONS AND SAFETY. A valid photo ID is required for all order pickups to ensure the security and integrity of every transaction. We also maintain strict access controls and security measures at all warehouse locations.
Company offers a self-service pickup option that permits customers to retrieve items from designated areas without direct assistance from Company personnel. BY CHOOSING TO USE THE SELF-SERVICE PICKUP OPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE SELECTION, HANDLING, LOADING, AND TRANSPORTATION OF ANY ITEMS, AND COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INJURY, DAMAGE, OR LOSS ARISING FROM YOUR SELF-SERVICE ACTIVITIES.
You understand and agree that Company may require you to sign a separate waiver and release form in advance of or at the time of pickup as a condition of entry to any Company warehouse or physical location. You acknowledge that you may not pick up any item until you have completed such waiver, which may include additional terms, conditions, and restrictions, including prohibitions against minors or children entering the premises for pickup.
Your refusal to sign any such waiver shall not entitle you to a refund or credit for any purchased items.
By entering any Company warehouse or physical location, whether for self-pickup, retrieval of a product, or any other reason, you acknowledge and agree, to the maximum extent permitted by applicable law, that you:
(A) UNCONDITIONALLY AND IRREVOCABLY ASSUME ALL RISKS ASSOCIATED WITH YOUR PRESENCE ON THE PREMISES, INCLUDING RISKS OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR LOSS, WHETHER ARISING FROM THE CONDITION OF THE PREMISES, THE ACTS OR OMISSIONS OF COMPANY OR ITS EMPLOYEES, CONTRACTORS, OR AGENTS, NEGLIGENCE (INCLUDING GROSS NEGLIGENCE) OF COMPANY OR OTHERWISE, INCLUDING SLIP-AND-FALL INJURIES, TRIPPING HAZARDS, FALLING OBJECTS, HEAVY MACHINERY OR EQUIPMENT OPERATION, EXPOSURE TO DUST, CHEMICALS, OR ALLERGENS, UNEVEN OR WET SURFACES, TEMPERATURE EXTREMES, INTERACTIONS WITH OTHER VISITORS, AND RISKS ASSOCIATED WITH LIFTING, MOVING, OR TRANSPORTING ITEMS;
(B) VOLUNTARILY AND KNOWINGLY WAIVE AND RELEASE ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, AND RIGHTS AGAINST COMPANY AND ITS RELATED PARTIES FOR ANY INJURY, ILLNESS, DEATH, DAMAGE, OR LOSS TO YOU, YOUR VEHICLE, YOUR COMPANIONS, OR YOUR PROPERTY (INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, EMOTIONAL DISTRESS, AND PROPERTY DAMAGE), WHETHER CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OF COMPANY OR OTHERWISE;
(C) AGREE TO COMPLY WITH ALL APPLICABLE LAWS, POSTED SAFETY GUIDELINES, SIGNAGE, RESTRICTED AREA DESIGNATIONS, AND STAFF INSTRUCTIONS;
(D) ACKNOWLEDGE THAT WAREHOUSE ENVIRONMENTS CONTAIN INHERENT HAZARDS AND THAT YOU ENTER AT YOUR OWN RISK; AND
(E) REPRESENT THAT YOU ARE PHYSICALLY CAPABLE OF SAFELY NAVIGATING THE PREMISES AND HANDLING ANY ITEMS YOU INTEND TO RETRIEVE.
You agree to indemnify, defend, and hold harmless Company and its Related Parties from and against any and all claims, losses, damages, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and costs) arising from or related to: (i) your entry to, presence at, or conduct at any Company warehouse or physical location; (ii) your use of the self-service pickup option; (iii) any injury or damage to third parties, including your companions, invitees, or family members, arising from your visit to Company premises; or (iv) your breach of any representation, warranty, or obligation under this Section. This assumption of risk, waiver, release, and indemnification shall survive termination of your account and these Terms & Conditions.
We appreciate your cooperation in adhering to these guidelines and ensuring a safe environment for everyone involved.
35. CONSENT TO VIDEO RECORDING. By registering an account with the Site or Services and/or entering any Company warehouse or physical location for pickup or any other purpose, you consent to being video recorded by Company for security, safety, and operational purposes. You acknowledge and agree that such recordings may be used by Company to ensure compliance with these Terms & Conditions, protect the safety of staff and visitors, and investigate any incidents or disputes. You further consent to the use of such recordings as evidence in any dispute resolution proceeding, including mediation or arbitration. You waive any claim or right to privacy related to such recordings to the extent permitted by law and agree that Company may store, review, and use such recordings as deemed necessary in its sole discretion.
36. ⚠️ CALIFORNIA PROPOSITION 65 WARNING. Some products available through the Site can expose you to chemicals, which are known to the State of California to cause cancer and birth defects or other reproductive harm. FOR MORE INFORMATION, GO TO WWW.P65WARNINGS.CA.GOV.
37. FOR KENTUCKY RESIDENTS ONLY. Stephen Mukhin Auction House Operator #311493
38. TERM & TERMINATION. Company may, from time to time, but is in no way obligated to, permit you to access and use this Site and the Services in accordance with these Terms & Conditions and in the manner more particularly set out herein. You acknowledge and agree (i) that access to this Site and the Services may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and (ii) that Company shall not, in any event, be responsible to you in any way should you be unable to access this Site and the Services at any time or from time to time. We may terminate these Terms & Conditions for convenience with no notice to you. Upon termination of these Terms & Conditions, you shall immediately cease and desist from all use of this Site and the Services.
39. MISCELLANEOUS.
A. Entire Agreement. These Terms & Conditions constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.
B. Headings. The section headings used in these Terms & Conditions shall not be given any legal import.
C. Assignment. These Terms & Conditions are not assignable, transferable, or sublicensable by you except with Company’s prior written consent. Company may assign its rights and duties under these Terms & Conditions at any time without notice to you.
D. Waiver. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
E. Translation. These Terms & Conditions were written in English (US). Any translated version is provided solely for your convenience using third party translation services. We are not responsible for the accuracy of any translated version, and the English version shall control in the event of any conflict.
40. CONTACT INFORMATION. If you need to contact us regarding this Site, the Services, or these Terms & Conditions, you can contact Company at support@justbid.com.