Terms & Conditions

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 and a subsequent $5.00 per box disposal fee.

C.             A valid photo ID is required for all order pickups to ensure the security and integrity of every transaction.

D.            Items listed as “Open Box-Pre-Owned" and "Open Box- Like New" are available for preview before purchase.

E.             All Products sold on the Site are sold “As-Is” and “With All Faults” (Please carefully review Section 9 below).

These terms and conditions (these “Terms”) are entered into by and between you (referred to as “you” or “your” as context may require) and Prime Auctions LLC, a California limited liability company, doing business as JustBid.com and JustBid (referred to as “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 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 2 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.              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 pick up of a Product purchased through your user profile by someone other than you). 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. In such event, your user profile will not be reactivated unless you pay the reactivation fee, a restocking fee equal to the Buyer’s Premium (as defined below) and the Bid Fee (as defined below), in addition to all applicable sales taxes and fees, all of which must be paid in full prior to activation of your user profile. Subject to the terms of this Section 2.C, we further reserve the right, in our sole discretion, to suspend or permanently ban access to the Site and the Services for any or all users accessing the Site from a single IP address. 

2.              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.

3.              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. Member 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 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.

4.              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) 237-6546
support@justbid.com

5.              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, 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.

6.              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.

7.              BIDS, PRODUCT ORDERS, & FEES.

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 generally Products are 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). NO SALE IS FINAL UNTIL ALL APPLICABLE FEES, INCLUDING BUT NOT LIMITED TO THE BID FEE (IF ANY) 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. 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 of the for that Product. You may also make payments for declined invoices directly from your profile before picking up the product. Company reserves the right to require you to present a valid, non-expired driver’s license or other government issued photo identification and a “paid in full” invoice in paper form or via mobile or other electronic means to pick up a Product. 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 you must 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  or immediately upon request within 30 days after all Products are picked up, in accordance with California Civil Code § 1798.80 and applicable privacy laws. Company’s employees, agents, or representatives will assist in locating your Product(s). Afterwards we will bring your Product(s) to you on a cart or dolly and ask for a signature. You must verify that all Products were given to you prior to leaving the premises. 

D.            If you are not able to pick up a Product on scheduled day, as indicated above, it is your responsibility to (i) arrange for someone to pick up the Product on your behalf with a valid, non-expired driver’s license or other government issued photo identification and an invoice, as indicated above, or (ii) contact us at support@justbid.com  to make alternative pick up arrangements (subject to our approval, which we may refuse to give in our sole discretion). Products that are not picked up on the scheduled pickup day, and for which no alternative pickup arrangements have been made at least 24 hours in advance through support@justbid.com, are subject to re-sale by Company without refund and in Company’s sole and absolute discretion, and you will have no further rights with respect to the relevant Products. Additionally, you must  collect all boxes upon collection of you Product(s) (as defined below) and, failure to comply with such requirements, may result in (in Company’s sole and absolute discretion) account suspension and a subsequent $5.00 per box disposal fee.

E.             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, unless the winning bidder contacts support@justbid.com to arrange an alternative pickup date and time before the designated pickup date and time. 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 retails prices are true or accurate, and it is your responsibility to research the actual retail price of the Products you purchase.

F.             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.

G.            You shall promptly (and in any event within 48 hours) notify us in writing (email being sufficient) if you learn or have reason to believe that any Product is subject to a recall, safety notice, field correction, stop-sale, or similar action by a manufacturer or governmental authority, or presents a material safety issue (each, a “Recall”). Such notice must include the product description/SKU, lot/serial numbers (if any), quantities, purchase date, and the source/nature of the Recall. Upon learning of a Recall, you shall immediately cease use of the affected Product(s). You shall follow our written instructions regarding return, replacement, repair, disposal, or other corrective actions with respect to the applicable Product(s). In our sole discretion, we will provide a replacement or store credit for the applicable Product(s), subject to applicable law. 

H.            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).

8.              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, ALL SALES OF OTHER PRODUCTS ARE “AS-IS” AND FINAL, AND NO REFUNDS OR RETURNS WILL BE ALLOWED UNDER ANY CIRCUMSTANCES.  To the maximum extent permitted by law, ALL SALES ARE FINAL, with the sole exception of new items that materially differ from their listed description, photos, or condition at the time of pickup. In such cases, and ONLY for new items that do not match their listing, adjustments will be provided EXCLUSIVELY as store credit. For all other situations, including but not limited to where items are unavailable at pickup or a different item is provided, any adjustments will also be limited to store credit. Store credit is valid for twelve (12) months from the date of issue, is non-transferable, non-redeemable for cash, has no monetary value, and can only be used toward future purchases on the Site. To initiate any claim for store credit, you must notify a Company employee of any issues before leaving the warehouse premises, as any right to store credit is automatically voided upon items leaving the warehouse property. Items classified as “Like New,” “Used,” or any other condition are available for preview before placing any bids. Any “Last Chance” items and 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 store credit only.

C.             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, 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.

9.              AS-IS SALES; NO WARRANTIES.

A.            PLEASE NOTE: THE PRODUCTS SOLD ON THE SITE ARE BEING SOLD “AS IS” AND “WITH ALL FAULTS”.

B.             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.

C.            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 SPCIFIC 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 16 OF THESE TERMS & CONDITIONS.

D.            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 FROM DESCRIBED ON THE SITE OR AT OUR WAREHOUSE, BEFORE REMOVING THESE ITEMS FROM OUR PRESENCE.

10.           LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR SUCCESSORS BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER ECONOMIC OR NON-ECONOMIC LOSS, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, PRODUCTS, WAREHOUSE PREMISES, OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT COMPANY’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS, THE SITE, SERVICES, OR PRODUCTS SHALL NOT EXCEED THE AMOUNT YOU PAID TO COMPANY FOR THE SPECIFIC PRODUCT OR SERVICES GIVING RISE TO THE CLAIM, IF ANY. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY, AND THAT COMPANY WOULD NOT PROVIDE THE SITE, SERVICES, OR PRODUCTS WITHOUT SUCH LIMITATIONS.

11.           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:

12.           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.

13.           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.

14.           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 your access to or use of the Site, use of the Products, your violation of these Terms & Conditions, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. 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.

15.           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.

16.           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.

17.           NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use (i) the Software (as defined below) 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.

18.           CALIFORNIA & MISSOURI USE ONLY. The Site is controlled and operated by Company from its offices in the State of California, and the Company also has a warehouse in Missouri. 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 and Missouri, 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 and Missouri.

19.           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.

20.           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. DISPUTE RESOLUTION SHALL BE CONDUCTED PURSUANT TO THE FOLLOWING PROCEDURES. 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. 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 ANY DAMAGES AVAILABLE UNDER APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO ACTUAL, CONSEQUENTIAL, INCIDENTAL, AND PUNITIVE DAMAGES. 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. 

21.           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.

22.           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. BY ENTERING ANY COMPANY WAREHOUSE OR PHYSICAL LOCATION, YOU ACKNOWLEDGE AND AGREE THAT YOU: (A) ASSUME ALL RISKS ASSOCIATED WITH YOUR PRESENCE ON THE PREMISES AND EXPRESSLY WAIVE ANY CLAIMS AGAINST COMPANY FOR ANY INJURY, DAMAGE, OR LOSS TO YOU, YOUR VEHICLE, OR YOUR PROPERTY, (INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY), EXCEPT FOR THOSE ARISING FROM COMPANY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; AND (B) AGREE TO FOLLOW ALL POSTED SAFETY GUIDELINES AND STAFF INSTRUCTIONS. You agree to indemnify, defend, and hold harmless Company and its affiliates, officers, directors, employees, agents, and representatives from any such claims, losses, or damages, including reasonable attorney fees and costs, arising from your entry to or conduct at the warehouse.

We appreciate your cooperation in adhering to these guidelines and ensuring a safe environment for everyone involved.

23.           CONSENT TO VIDEO AND AUDIO 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 and audio 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 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.

24.           ⚠️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.