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Web User Agreement
1.0 All Users
1.1 Acceptance of Terms
Welcome to the Auction Express Internet web site (referred to as the "site"). Auction Express of Evansville, IN (sometimes referred to as "we", "our" or "us") provides this service to you, subject to the following terms and conditions, which may updated from time to time without notice to you. You can always review the most current terms and conditions by reviewing this area each time you visit the site. By visiting the site you are acknowledging your acceptance and agreement of these terms and conditions. We are disclosing to you that we are a professionally licensed auction company based in Evansville, Indiana, IN# AU19900061. Information on other state(s) licenses is available upon request. We adhere to high ethical standards as required by law, as adopted by the Indiana Auctioneers Association, and as adopted by The National Auctioneers Association. On our website we can only act as publishers. In no event will Auction Express be liable for any loss or damage including indirect or consequential loss or damage both tangible, and intangible. Due to circumstances beyond our control we can not guarantee that the Site will function flawlessly or be available 24/7.
1.2 Site Content and Materials
Not all products and services described on this site may be available in your geographic area. Auction Express reserves the right to determine your eligibility for any product or service that we offer. Auction Express reserves the right to monitor any product or service offered by any seller or advertiser on this site to the best of our abilities. Auction Express reserves the right to suspend any account (with or without refunds) that we feel to be in violation of our own policies, local law, state laws of the State of Indiana, or Federal Laws of the United States of America.
Links to third party web sites on this site are provided solely as a feature for you. Auction Express makes no warranties or endorsements about these sites expressed or implied.
1.3 Intellectual Property Rights
The works of authorship contained in the Site, including, but not limited to design, content, text, sound recordings, and images are owned by Auction Express. You ARE free to display or print for your personal use information that you receive through this Site. However, you ARE NOT authorized to alter or reproduce any of the materials contained within this site. Furthermore, you MAY NOT distribute copies of materials found on this site in any form. Only registered sellers ARE allowed to display and distribute "sale bills" for their respective items during the time that their online auctions or listings are active. Of course, you ARE free to encourage others to access the information themselves on the Site and to tell them how to find it. You MAY NOT use any trademark or service mark on this Site without our prior written consent. Request for permission should be sent to: Auction Express, 815 John St, Suite 190, Evansville, IN, 47713. Be respectful of our trademarked and copyrighted materials. Violators will be dealt with to the full measure of the law.
1.4 Submissions of Personal Data & Security
Personal information is required to access the benefits of the Site. You agree that you are 18 years or older. If you are not 18 then a parent or guardian may give you permission to use their own ID with the understanding that they have accepted full responsibility for your use. All users must provide true and accurate information about yourself and will keep profiles updated with accurate information. For security reasons Auction Express may authorize your credit card, but no charges will be made until actual charges are incurred. Your use on the Site shall be limited to one user ID per individual or household. You must select an ID and password to be enabled to access your account. You should restrict access to such ID, and password to yourself. If you do not, then be advised, that any user of your ID and password will be your responsibility. Auction Express WILL NOT share your personal information or sell your personal information to any third party source. Auction Express may be required from time to time to share this information with its own contracted vendor suppliers for the proper operation and function of the Site. Furthermore, we WILL, if REQUIRED, without notice to you, share your information with local law enforcement officers, United States ATF, CIA, FBI, Secret Service, Homeland Security, or other recognized government authority. We WILL, with or without notice to you, share your personal information with appropriate authorities or legal counsel IF we believe that an issue, action, or situation including, but not limited to, slanderous statements (published or unpublished), obscene photos, intentional distribution of email viruses, other malicious electronic media attacks, and yet other issue(s) that we deem in our opinion as compromising or threatening to the security and well being of our company, our owner & staff including families thereof, our Site, and our valued users and customers. We WILL NOT share information with individuals under any condition unless said individual can produce court ordered documentation requiring us to do so. Auction Express maintains all records and personal information in a secure enviroment. We do NOT have access to personal information or data on Users computers, but for Site security we do track what information Users (both guests and members) are requesting from our servers.
1.5 Fees
You agree to pay all fees due Auction Express as outlined in the fee schedule and/or as committed to during your listing submission. Please review all fees in the schedule or as incurred. Fees may change without notice, but will never change once an item is submitted. Our website will always advise you of current listing fees. Please report errors at once so they can be removed from your account. Commissions and/or "auction closing success fees" will always be honored as contracted at the time of entering the listing agreement. Auction Express will refund or stop charges of an "auction closing success fees" if a buyer does not complete the transaction. Auction Express reserves the right to collect or attempt to collect lost revenues from non-performing buyers. Buyers typically have no fees on our Site, but may have at our live auctions, and on our affiliate sites in the form of a "buyer's premium". Buyers should be aware of the terms of each and every auction they participate in. All users' credit cards may be authorized at the time of registration for security purposes, but actual charges will not occur. Users will get an account invoice from us periodically depending on your listings schedule. You authorize us to charge your card of record for fees that are due us as generated by these invoices unless you select the "pay by check" option as generated by the electronic invoice. All fees are in US Dollars. Auction Express will hold both sellers and buyers jointly accountable for fees if we believe that buyer and seller have collaborated together in an effort to defraud us of our posted fees. Fees not paid in a timely matter will be subject to collections procedures, user's suspension from the Site, and additional penalties as allowed by law including, but not limited to, highest applicable finance charges, attorney's fees, and collection costs.
1.6 Applicable Law Venue, Standard Currency, & Time Zone
All users' access and use of the Site are subject to and shall be governed by and construed in accordance with all applicable laws of the United States of America and applicable laws of the State of Indiana and local government entities. Auction Express and User irrevocably consent to the exclusive jurisdiction of the courts of the State of Indiana, Vanderburgh County and the Federal Courts located within the State of Indiana, Vanderburgh County. Users agree that all lawsuits will be filed and heard in Vanderburgh County, the State of Indiana. Disputes between users will first be attempted to be resolved by Principal Auctioneer of Auction Express. The decision of Auction Express is final in these matters unless reversed by a court of law. Standard currency is United States of America Dollars. Site operates on United States of America Central Standard Time Zone.
1.7 Unacceptable Items & Unacceptable Users
No seller agrees to list and no buyer agrees to buy any item that is not acceptable by applicable law. Furthermore, even if allowed by local law, Auction Express specifically forbids that no seller will offer any item that contains a physically present alcoholic beverage (even if said beverage is offered free of charge with purchase of other item), any item that in our opinion is pornographic in nature, any item that contains nudity in any form even if considered to be artistic, unless item is vintage-collectible and can be altered by you to not show nudity (the decision of Auction Express will be final on "gray area" items), any item that contains tobacco, and any substance that is regulated or controlled. Minors have access to the Site and we will aggressively regulate and control content. Please keep content family friendly. Offenders are subject to suspension from the Site and subject to prosecution for distribution of these materials or ANY other charges we can prosecute for with or without warning. DO NOT POST OR BID ON ILLEGAL OR BOGUS ITEMS THINKING IT WILL BE A JOKE. IT WILL BECOME A SERIOUS MATTER WHEN YOU ARE PROSECUTED. YOU AGREE BY USING THIS SITE THAT YOU ARE WARNED, AND IT WILL NOT BE OVERLOOKED EVEN IF YOU ARE KNOWN PERSONALLY BY THE AUCTION COMPANY.
Competitive auction companies and competitive real estate companies ARE expressly forbidden to use this site without our permission FOR COMMERCIAL PURPOSES. We would very much like to talk to your company to arrange permission that may be granted on an item-by-item basis or group-by-group basis depending on the negotiated agreement and terms between Auction Express and your competitive company. It is not our intention to be uncooperative. It is our full intention to protect the valued customers on the Site and our intellectual properties. ANY company that attempts to glean, examine, extract, research, interpret, and/or otherwise recover information in any form from this site WITHOUT our permission for the purposeful use of contacting customers, or with intentions of other commercial purposes will be considered in serious violation of breaching our owned intellectual properties. We will defend our intellectual properties within the full measure of the law.
Be advised while our computers can not record specific information or data on your computer we can record IP addresses. Auction Express reserves the right to monitor IP addresses flowing into the Site of its guest visitors and members for abuse. Our computers DO RECORD the information that any user is accessing or is attempting to access.
1.8 Severability
Should any part of this agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intent of the agreement as interpreted by Auction Express, and the remaining portions shall remain in full force and effect.
1.9 No Waiver
Auction Express shall not be deemed to have waived any of its rights and remedies unless such waiver is in writing and signed by Principal Auctioneer, Collin A. Painter. No delay or omission on the part of Auction Express in exercising its rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. A waiver on a part of this agreement does not constitute a waiver of the whole agreement in any matter. A decision of Auction Express to "warn" an offender does not constitute a waiver for more severe future enforcement.
2.0 Important Information to Sellers
2.1 Relationship between Buyers and Sellers
Auction Express is a licensed professional Indiana-based auction company; however, we can act only as publisher UNLESS we are in possession of the merchandise, in a consignment relationship with a written contract, and we are the listing agent on the Site. Auction Express can not warrant that a particular buyer or seller will close on a given transaction that we are publisher to. Therefore, we do advise sellers to never ship or allow buyers to pick up items that have not been paid for in full. NEVER make change or issue a refund check to a seller that is paying by check or money order. NEVER cash or accept a third party check. VERIFY that all checks and money orders are authentic. Contact us immediately if you feel a buyer is acting suspicious or fraudulently. If you choose to meet with a local buyer and complete the transaction in person, use caution and agree to meet in a Public Place. For additional security and convenience you are welcome to use our local facility on a scheduled basis to exchange merchandise or to meet with buyers as long as it does not interfere with our normal ordinary course of business operations. ENJOY THIS LOCAL ADVANTAGE AND GET MORE MONEY FOR ITEMS!
2.2 Sellers Set Terms and Conditions For Listings; Not Our Site
Sellers set the rules, terms, and conditions for the listings. We will support any verified seller in good standing as long as those terms and conditions are not in violation of general Site rules or local, state, and federal laws. Be specific and tell potential buyers general item location, how you want paid, if you allow local pick up, and if not, what are your shipping charges are. Be specific with conditions and warranties. Be specific with your descriptions of your item(s). We can assist you with credit card transactions for an additional commission of 3%. Enjoy this LOCAL ADVANTAGE! Our principal Auctioneer, Collin A. Painter is here to assist you and offer advice about how to make your web experience on our Site a success. Buyers are also welcome to contact us for assistance when needed. You will find our skilled staff very helpful and knowledgeable. We are here to help both buyers and sellers. You will find we can be very beneficial in large transactions.
2.3 Consignment Control
Sellers agree that they commission us as publishers via our site to sell for them the items they list to the highest bidder, unless otherwise specified by "reserve auction" or "fixed price listings". You certify that you are the owner of the listed goods, merchandise, or property, and have good title and the right to sell and that they are free from all incumbrances. Sellers agree to accept all responsibility for providing merchantable title and for delivery of title to the purchaser. Sellers agree to hold harmless Auction Express against any claims of the nature referred to in this agreement. Use of the Site constitutes an electronic signature of your acceptance of this agreement. You are entering into an enforceable contract.
2.4 Duration of Auctions
Sellers, please do not select to run your auction more than 10 days (not including neccessary relists) unless you are offering real estate for sale or have the approval of Auction Express.
2.5 Ethical Conduct
Sellers are not allowed to bid on their own merchandise. Sellers selling at absolute auction are not allowed to "bid up" or "shill" bid their auctions. Sellers are not allowed to authorize another party to "bid up" or "shill" bid their auctions. Auction Express monitors bids and will use the Site's technology to monitor IP addresses to help ensure ethical auction standards. Auction Express does not endorse shill bidding practices and will not tolerate offenders. Known offenders will be subject to being barred from the Site.
Sellers are not allowed to sell broken, non-working, or other items not fit for ordinary use unless defects are disclosed in the listing, e.g. "as is" or "for parts or repair only".
Sellers are not allowed to sell illegal items. You should be aware of all applicable laws.
As seller you are obligated to sell to the buyer at the end of an auction unless the reserve price has not been met. You are not obligated to sell to a buyer that has not or will not meet your published terms. Please contact us if you have a problem in this area.
Suggestions for sellers: If you are a retail merchant, disclose that fact in your listing. Remind buyers that they may be subject to sales tax. It is helpful to encourage buyers to visit your shops and places of business in our area. If items are on retail display, offer buyers the opportunity to inspect the item before they bid. We want your retail merchant business to grow and succeed as a result of using the Site. For example, sell coupons to your store, or gift certificates. Use our site for deep discounting of merchandise that you need to liquidate, without deep discounting it on your store's floor. Adopt a store policy stating whether items on the floor are "subject to prior sale" through the auction site so buyers won't be disappointed. Consider printing and posting your auction listing as a "sale bill" near the items you are selling. Encourage buyers to visit the site. Help us help you!
3.0 Important Information to Buyers
3.1 Enforceable Contract
Buyers, please remember you are entering into a legally binding contract. Think before you bid! On larger transactions you may want to contact us. Make your request before you commit and we can intervene and represent you as your agent. Auction Express uses the ID "Auction Express Client" when representing bidders known and registered with the auction company that do not have online access, but would like to participate in the online auction. ENJOY THIS LOCAL ADVANTAGE!
3.2 Items Belonging to Sellers You Know
Buyers, do not bid on merchandise to "bid up" or "shill" bid for a friend. However, YOU CAN or YOU CAN ATTEMPT to buy merchandise from a seller known to you. You agree to produce receipts of payments to sellers to Auction Express if requested.
3.3 Sales Tax
Buyers, sales may be subject to sales tax if sellers are registered retail merchants. Indiana sales tax is currently 6%. Rates may differ for other states. Please do not ask a registered retail merchant to avoid collecting sales tax. Do not ask any seller to reduce the purchase price on a document in order to avoid sales tax. This is illegal and violaters may be penalized by authorities.
3.4 Our Agency Relationship
We represent both buyers and sellers in a dual agency relationship in the real auction world, but remember in the online auction marketplace you are dealing with a specific seller and not with us. While we will hold sellers to high ethical standards to the best of our abilities you are advised that "buyer should beware". Help us by reporting any suspicious or fraudulent activity. (Refer to item 3.1)
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or by any means, without the prior written permission of Auction Express.