2. Acceptance Through Use. By creating a Listing, bidding on an Item, or otherwise using the Auction or Service, you agree to be bound by all of the terms, conditions and notices contained or referenced in these Terms. If you do not accept these Terms, you may not use the Service. Mazree, LLC (“Operator”) may change any of the Terms at any time and for any or no reason by posting revisions to the Site. Your continued use of the Site constitutes your acceptance of the revised Terms. If you do not accept all of the Terms, you are not authorized by Operator to use the Auction. You are advised that there are potential risks in dealing with other Site users, including but not limited to the risk of physical harm, of dealing with strangers, underage persons, or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Site.
3. Other Definitions.
a. Auction. A module within the Site where Sellers can publish Items for bid and Buyers can bid on such Items.
b. Buyer. Any individual or entity, or any authorized agent of such individual or entity, that submits a bid within the Auction.
c. Seller. Any individual or entity, or any authorized agent of such individual or entity, the publishes an Item to be sold via the Auction.
d. Item. Any product, equipment, software, or service that is published by a Seller for sale via the Auction.
e. Listing. Any publication of an Item by a Seller for sale via the Auction.
4. Customary Auction Rules. Items will be sold to the bidder placing the highest dollar value bid in accordance with customary auction terms and conditions and subject to these Terms. In the event of any conflict between customary auction terms and conditions and these Terms, these Terms shall apply.
5. Valid Profile. Each Seller and Buyer must represent a valid company and have a user profile with a valid e-mail address on the Site. Operator is not responsible for investigating or verifying the legitimacy of any Buyer or Seller.
6. Content. Each Seller is responsible for the content of its Listings. All Listings must be in good taste and may not contain any objectionable content, as determined by Operator in its sole discretion. Listings for adult goods or services are prohibited. All Listings must be for goods or services that are permitted to be purchased or sold under Utah and other applicable law.
7. Description. Listing titles and descriptions of Items must be concise and limited to the specific Item offered for sale. Sellers may not list multiple brands, makes, models or locations in the title or description of a Listing as a means to generate unwarranted search results.
8. Right to Sell. By creating a Listing, each Seller warrants that it has the right, through either direct ownership or authorization from the Item’s owner, to sell the Item associated with such Listing.
9. Reserve Price. Items may be offered subject to a reserve price without notice to Buyers. If the reserve price is not met or exceeded, the Seller has the right to retain the Item.
10. Buy Now Price. Items may be offered with a “Buy Now Price.” If this price is available, Buyers may purchase the Item at that price at any and the auction will immediately close; provided, however, that the Buy Now Price is only available if there are no bids on the Item.
11. Seller Rights. A Seller may, at its sole discretion, without reason, notice or liability of any kind, at any time prior to or after commencement of a Listing, but only prior to acceptance of a final bid, alter, withdraw or vary any Listing, refuse to accept any bid or terminate bidding on any or all Items, or cancel the Listing entirely. A Seller in any Listing is entitled to regulate that Listing in its discretion, subject, however, to these Terms and Operator’s discretion. A Seller may not bid on its own behalf.
12. Item Information; No Representations. Operator does not warrant or guarantee any information described in a Listing, including but not limited to Item quantities, descriptions, weights, measurements, dimensions, serial and machine numbers, year or model, to be true or accurate. Operator is not responsible or liable for any discrepancies, inaccuracies or failure of any Item to correspond with any written or verbal representation of such information made by or on behalf of a Seller, or any perceived or expected standard or custom, or any other particulars such as the genuineness or authenticity of any Item. Neither is Operator responsible for investigating or verifying any Seller’s right or authorization to sell any Item.
Operator makes no warranty, condition, representation or guarantee, either express or implied, written or oral, as to information relating to any Item or Listing. Operator is not responsible or liable for any damage or loss (direct, indirect, consequential or otherwise) arising from any inaccuracy in respect to any Item or from any purchase, use, operation, transport or ownership of any Item. Operator does not provide any warranty, guarantee or representation of any kind or nature whatsoever, either express or implied, written or oral, as to the design, condition, merchantability, fitness for any particular purpose, quality, capacity, workmanship, or that any Item will satisfy the requirements of any law, rule or regulation. Buyers are solely responsible for any and all due diligence in regards to any Item.
Operator is not a party to any actual transaction between a Buyer and a Seller. Operator does not have control over, and does not guarantee the quality, safety or legality of any of the goods, services, offers, etc. of any Item or Listing. Operator does not make any representations or warranties concerning the ability of a Seller to the sell Items listed by such Seller. Operator does not make any representations or warranties concerning the ability of any Buyer to purchase any goods or services or that a Seller and a Buyer will actually complete a transaction.
13. Listing Close. Posted auction closing times are approximate. The Seller reserves the right to close a Listing early or extend a closing time at any time at its discretion. It is strongly recommended that bids be placed early to avoid losing out due to an ill-timed, last minute bid. All auction times are based on the Eastern Time Zone (EST). The Auction features an automatic bid extension, which grants a one (1) minute extension to the end of the any Listing receiving a bid during the last one (1) minute. Listings that are automatically extended will close when one (1) minute has elapsed without any bidding activity.
14. Payment. To be eligible to bid on an item, the Buyer must have a valid credit card on file with Operator. At the close of a Listing, Operator will notify both the appropriate Seller and Buyer with the highest bid via e-mail. Operator will invoice and collect payment for the Item from the Buyer. Buyer shall pay to Operator the full invoice amount within 72 hours of the Listing close. This amount is not refundable for any reason. If Buyer does not make the payment to Operator within 72 hours then Operator will automatically charge the card on file for the total invoice amount including a three percent (3%) processing fee. Buyers are not allowed to remove their card on file if Buyer has any unpaid invoices with Operator.
Once full payment has been received by the Operator, the Operator will 1) notify the Seller that payment has been received and 2) provide Buyer with Seller’s contact information to coordinate pickup or shipment of the Item. Operator will distribute full payment (less Operator’s Commission) to Seller of Items sold before the end of the following month. Buyer and the Seller are both fully responsible to coordinate exchange of the Item.
15. Taxes. Each Seller is responsible for any applicable sales, use, transfer or excise taxes arising from any Listing or sale, in addition to the purchase price in accordance with applicable law.
16. Buyer Commitment. The placing of a bid by a Buyer is a commitment to purchase and is binding on such Buyer, and its successors. Unless otherwise noted by the applicable Seller in writing, a Buyer placing a winning bid is solely responsible for the payment of all amounts owed, any necessary de-installing, packaging, loading, removing and/or shipping of the Items/lots purchased and must proceed diligently in completing each of the foregoing as applicable.
17. Commission. Each Seller agrees to pay Operator eight percent (8%) of the highest bid price at the close of the Listing in which an Item is sold. Operatory will deliver an invoice to the applicable Seller at the end of the Listing detailing the Items sold, the highest bid price for each Item, and the amount due to Operator for each Item. Invoices are to be paid within 30 days of receipt. A late payment charge of the lesser of 5% of the invoice amount or the highest rate allowed by applicable law will be charged to the applicable Seller for each subsequent 30 days that payment is not received by Operator. Instructions for payment will be provided on the invoice.
18. Buyer Premium. Each Buyer agrees to pay Operator ten percent (10%) of the bid price at the close of the Listing in which an Item is sold. Buyers in Employee Portals agree to pay Operator eight percent (8%) of the sold price. This amount will be added to the invoice provided by the Operator to the Buyer. If Buyer chooses to pay with a credit card, Buyer agrees to pay Operator an additional processing fee of three percent (3%) of the bid price, which will be added to the total invoice.
19. Buyer Pick Up. Items must be paid for and removed by the applicable Buyer within the time posted on the Listing or as announced by the applicable Seller. If purchased Items are not removed within the required time limit, such purchased Items will be deemed abandoned by the Buyer and remain the property of the Seller.
Unless other dates have been approved by the Seller, the Seller has the right to charge Buyer for daily storage fees or retain and relist an Item if the Item has not been picked up by the Buyer within fourteen (7) days after the Listing is closed.
20. Seller Withdrawal. If, for any reason whatsoever, a Seller fails to deliver an Item to the applicable Buyer, such Seller is liable to return all of any deposit or monies paid on said Item to the applicable Buyer.
21. Violations. Operator has no obligation to monitor Listings and does not monitory Listings in the ordinary course of business. Notwithstanding the foregoing, Operator may at its discretion monitor Listings listed from time to time. Operator may at its discretion remove or disable Listings for any reason or for no reason, including potential violations of these Terms. Operator may at its discretion act to prevent anyone who violates these Terms from listing or viewing Items on its Site. Operator reserves all other rights and remedies, including monetary damages, available to it under the law for violations of these Terms. Please report all violations to Operator by sending an e-mail describing the violation to email@example.com.
23. Indemnification. Each Buyer and Seller agrees to indemnify and hold harmless Operator, and its successors and assigns, from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, incurred as a result of any claim, action, proceeding, or demand arising from the use of the Site by such Buyer or Seller or breach of these Terms.
24. No Promise of Results. The Site and the Service are provided as is, without any warranties of any kind. Operator does not represent or warrant that listing Items via the Auction will result in a successful response or transaction. If any technical problems occur or are believed to occur during an auction or with respect to a Listing, Operator reserves the right, at its sole discretion, to (i) cancel the prior result and reopen the auction; (ii) award the Item to the party placing the highest bid, regardless of whether such bid was recognized by the Auction; or (iii) take such other action that Operator deems appropriate under the circumstances. . You acknowledge that the Site may not be accessible at all times. Operator does not warrant that the Site will operate error-free or that Operator’s servers are free from computer viruses or other harmful mechanisms. Operator is not responsible for servicing or replacing any equipment or data used in connection with the Site.
25. Governing Law. These Terms are governed and interpreted in accordance with the laws of the State of Utah (without regard to choice of law provisions). You hereby expressly consent to the personal jurisdiction of the state and federal courts located in or about Salt Lake City, Utah for any action or proceeding arising from or relating to these Terms, waive any argument that venue in any such forum is not convenient, and agree that any such action or proceeding shall only be venued in such courts.
26. Subject to Change. These Terms may not be changed, amended or modified except by Operator. Operator may in its sole discretion and without notice, change, amend or modify these Terms at any time.