SOLDUSA USER AGREEMENT
SoldUSA Auctions, LLC ("SoldUSA") provides to registered Users through this Internet web site (the "Site") access to its services, including personal auctions, trading place, catalogue auctions, message boards and the online stores (collectively, the "Services"). The terms and conditions in this SoldUSA User Agreement and in the attached Exhibits (collectively, the "Terms") are the terms and conditions on which SoldUSA is willing to provide you access to the Site and the Services. SoldUSA may modify the Terms at any time by posting revised Terms on the Site, those modified Terms shall become the "Terms", and you will be bound by them. You must agree to the Terms to have access to the Services. If you do not agree to be bound by the Terms, click the second box at the end of the Terms and exit.
REGISTRATION AND ACCESS
You must register before you may access any of the services. The information that you provide to SoldUSA in the registration process, including contact information and a valid credit card number, must be complete and accurate. You must update all registration information whenever necessary to keep it complete and accurate. When you register, SoldUSA will issue to you an account number and password that will allow you to access the Services. You are responsible for maintaining the confidentiality of your account number and password, for restricting access to your computer and for all activities and purchases that occur on your account. You may not assign your account to another person or company. Only individuals who can form legally binding contracts under applicable law may access the Services. SoldUSA reserves the right to limit or suspend access to the Services for any User who uses the Services in an inappropriate manner or in breach of the Terms. If you are less than 18 years old, you may access the Services only with the approval and involvement of a parent or legal guardian who qualifies. SoldUSA reserves the right, in its sole discretion, to suspend or terminate accounts and access to some or all of the Services. You may not download (other than page caching), modify, copy or exploit for any purpose the Site or any part of it.
INTERUPTION OF SERVICE: If, for any reason, our Internet service (as defined in paragraph e) is interrupted during the hours of an auction close, the following procedure will be followed:
a) If the service interruption lasts for more than 1 hour, then the entire auction will be closed and moved forward to the following day running as close as possible to the previous day's close times.
b) If the service is interrupted for less than an hour, all affected item numbers will be closed and re-opened the day following auction close at 12:00 EST and continue to close at regular intervals for each item affected.
c) It is strongly recommended that, in the event of an interruption of service, the customer immediately fax (704) 844-6436 or email (email@example.com) maximum bids for any item(s) that represent important purchases. This will insure that SoldUSA.com has a printed copy of same and will implement these bids on behalf of the buyer whether or not the system is restored before the close of the auction (s).
d) SoldUSA.com is not responsible for the exercise of any bid without a printed copy via one of the two described methods in paragraph C.
e) Interruption of Service Defined: Any situation that effectively limits SoldUSA.com's ability to provide the majority of its customers full and complete access to the bidding process as programmed for the SoldUSA.com operating system. This includes, power outages, hardware malfunctions, viruses, worms, or any other network interruptions from outside Internet suppliers. Interruption of service, as defined herein, applies only to SoldUSA.com servers and in-house network and does not include interruption of service affecting individual customer equipment.
You must comply with all policies and procedures posted on the Site, and SoldUSA may change those policies and procedures from time to time. You shall not post or store on the Site any software, information, data, databases, music, audio, video or audio-visual files, photographs, images, documents text, digital files or other material (collectively, "Material") which: (a) violates or infringes anyone's intellectual property rights, including copyrights, trademarks, service marks, trade secrets, patents or publicity rights; (b) violates federal, state or local law; (c) is obscene, pornographic, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable; (d) is false, inaccurate or misleading; (e) is fraudulent or involves the sale of counterfeit or stolen items; (f) contains any viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or (g) imposes a large load on the Site or SoldUSA's system. By posting Material to the Site, you represent and warrant that you own all rights to the Material and you grant us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to reproduce, adapt, distribute, perform (either publicly or by digital audio transmission) or publicly display all or any portion of the Material. We may remove, disable or restrict access to any Material on the Site (including Material that you have posted or stored) in our sole discretion. Posting or storing Material at the Site is a privilege, not a right. Under no circumstances may we be held liable for removing, disabling or restricting access to any Material. If you believe any Material posted on the Site violates the Terms or applicable law, you may contact us at firstname.lastname@example.org. We do not undertake any responsibility, however, to investigate complaints or to remove, disable or restrict access to or the availability of any Material, and we reserve the right to take no action. Users posting Material to the Site are solely responsible for that Material. SoldUSA does not control that Material and does not guarantee its accuracy or quality. All Users of the Site and the Services must take responsibility for their actions and must assume the risk that some Material may be inaccurate, offensive or objectionable. SoldUSA is not responsible for any acts of third parties that take place at the Site and is not liable for any loss or damage that may occur in connection with your use of the Site or the Services.
|COPYRIGHTS AND TRADEMARKS|
All content, trademarks, service marks, information, designs, text, images, graphics, and sounds on the Site are the exclusive property of SoldUSA or its licensors. You may copy limited portions of the Site for the sole purpose of using the Site. You may not make any other copies or use of the Site without the prior written permission of SoldUSA.
You may not "frame" or "mirror" any content or information on, or accessible from, the Site without the prior written permission of SoldUSA.
ADDITIONAL TERMS AND CONDITIONS FOR EACH SERVICE
THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH SoldUSA AUCTIONS, INC. (“SOLDUSA”) OFFERS YOU ACCESS TO OUR SERVICES. BEFORE YOU CAN PARTICIPATE IN ANY OF SOLDUSA’S AUCTION-RELATED ACTIVITIES (THE “SERVICES”), YOU ARE REQUIRED TO READ AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS INCLUDE WAIVERS OF YOUR LEGAL RIGHTS, AND BY SIGNING THE “ACKNOWLEDGEMENT OF REQUIREMENTS” PAGE YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW. THE TERMS AND CONDITIONS MAY BE AMENDED AT ANY TIME.
GENERAL TERMS AND CONDITIONS APPLICABLE TO EACH OF SOLDUSA’S SERVICES
Membership. Our Services are available only to individuals who can legally enter into binding contracts under applicable law. MINORS are prohibited from utilizing our Services.
Account Activation. Each participant is required to open an account prior to utilizing the Service. Accounts may be opened with any of the following forms of payment: (a) credit card, (b) personal check, (c) certified check, or (d) money order.
Bidding, Listing and Selling. Each participant acknowledges that a “winning” bid must be an amount greater than the reserve established by the Seller, provided that a reserve has been set. Bids are not retractable unless SoldUSA Auctions, Inc. determines, in its sole and
absolute discretion, that exceptional circumstances exist. In addition, each Buyer and Seller agrees not to directly or indirectly manipulate the price of any of items listed for sale. Each participant either listing or bidding on an item certifies that he or she has the legal right to either sell or buy the particular item listed or bid on. Each participant listing an item agrees that SoldUSA may take any appropriate action, in its sole and absolute discretion, to protect itself regarding the information provided in any listing.
Guarantee for Catalogue Auction Purchases: SoldUSA Auctions, Inc. Auctions, Inc. guarantees customer satisfaction for any purchase from a catalogue sale. This means if you are not completely satisfied with our description as to authenticity, correctness or condition, then you may return the item for a full refund of purchase price. SoldUSA Auctions, Inc. must be notified within 5 days of receipt of any purchase that is to be returned. Hard copy notice is suggested, but not required. SoldUSA Auctions, Inc. does not return shipping charges as part of our return privilege. Failing to give SoldUSA Auctions, Inc. proper return notice within the guidelines set forth herin may void the guarantee.
DISCLAIMER OF WARRANTIES.
YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THAT SUCH SERVICES ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. SOLDUSA AUCTIONS, INC. DOES NOT PROVIDE ANY WARRANTY, EXPRESS OR IMPLIED ON PRODUCTS SOLD THROUGH THE SERVICES. WARRANTIES, IF ANY, ARE PROVIDED BY THE SELLER.
SOLDUSA AUCTIONS, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
EACH PARTICIPANT UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED FROM THE SERVICES OR WEBSITE OR ANY GOODS OR SERVICES OBTAINED THROUGH THE SERVICES IS DONE AT PARTICIPANT’S OWN RISK AND THAT PARTICIPANT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY DOWNLOADING OR OTHER TRANSACTION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOLDUSA AUCTIONS, INC. OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS AND/EXCLUSIONS MAY NOT BE APPLICABLE TO YOU.
WAIVER AND LIMITATION OF LIABILITY.
YOU AGREE THAT NONE OF SOLDUSA AUCTIONS, INC., ITS EMPLOYEES OR AGENTS, SHALL IN ANY EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, RESULTING FROM, OR RELATED TO: (1) ANY USE OR ANY INABILITY TO USE THE SERVICES; (2) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) PARTICIPANT -TO-PARTICIPANT DISPUTES; OR (5) OTHER MATTERS RELATING TO THE SERVICES OR THIS AGREEMENT. THIS WAIVER SHALL INCLUDE, BUT NOT BE LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA, OR OTHER INTANGIBLE ASSETS, EVEN IF SOLDUSA AUCTIONS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU FURTHER AGREE THAT NONE OF SOLDUSA AUCTIONS, INC., ITS EMPLOYEES OR AGENTS, SHALL IN ANY EVENT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT,
NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
YOU AGREE THAT NONE OF SOLDUSA AUCTIONS, INC., ITS EMPLOYEES AND AGENTS, SHALL IN ANY EVENT BE RESPONSIBLE OR LIABLE TO YOU, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING SPECIFICALLY ANY FEEDBACK PLACED ON THE SOLDUSA AUCTIONS, INC. WEBSITE.
YOU HEREBY AGREE THAT SOLDUSA AUCTIONS, INC.’S (AND ITS EMPLOYEES’ AND AGENTS’) LIABILITY TO YOU OR ANY OTHER PARTY IN ANY CIRCUMSTANCES IS LIMITED TO $100.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT BE APPLICABLE TO YOU. IN ADDITION, SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THESE LIMITS ON
LIABILITY MAY NOT BE APPLICABLE TO YOU.
General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations concerning your
participation in, or use of, the Services in any capacity, including but not limited to bidding, listing or purchasing items.
Foreign Transactions. Foreign participants are responsible for all customs declarations, taxes, duties or other assessments that may be
applicable to a sale or purchase by them. You agree to indemnify and hold harmless SoldUSA Auctions, Inc. Auctions, Inc. from any and all losses, damages, liabilities, obligations, assessments, suits, actions, proceeding, claims or demands, including costs, expenses and fees (including reasonable attorney’s fees and expert witness fees incurred in connection therewith) arising out of any foreign transaction.
License. By registering on this Service, you grant to SoldUSA Auctions, Inc. a non-exclusive, worldwide, royalty-free, irrevocable,
sublicenseable (through multiple tiers) right and license to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material displayed in your listings or bids.
No Resale or Unauthorized Commercial Use. This agreement, including all your rights and obligations hereunder, shall not be assignable by you without the prior written consent of SoldUSA Auctions, Inc.. You also agree not to make any unauthorized commercial use of the Services.
No Agency. You agree that neither this agreement nor your use of the Services creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between SoldUSA Auctions, Inc. and any user of the Services.
Notice. Any notice to you shall be made in writing by certified mail, postage prepaid and return receipt requested to the mailing address provided to SoldUSA Auctions, Inc. by you during the registration process, such notice shall be deemed to have been duly given (3) days after the postage date, or the date actually received as indicated on the return receipt, whichever is earlier. Notice to SoldUSA Auctions, Inc. shall be made in writing by certified mail, postage prepaid and return receipt requested to SoldUSA Auctions, Inc., PO Box 3012, Matthews, NC 28106, such notice shall be deemed to have been duly given (3) days after the postage date, or the date actually received as indicated on the return receipt, whichever is earlier. SoldUSA Auctions, Inc. may also give notice of changes to these terms and
conditions or other matters related to SoldUSA Auctions, Inc. by displaying notices to users on the Services.
General. These terms and conditions and the relationship between you and SoldUSA Auctions, Inc. shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. You agree that any action against SoldUSA Auctions, Inc. shall be filed in the courts located in Mecklenburg County, North Carolina. You further agree to submit to the personal and exclusive jurisdiction of the courts of Mecklenburg County, North Carolina, and agree that venue shall only be proper in Mecklenburg County, North Carolina. You further agree that, regardless of any actions on the part of SoldUSA Auctions, Inc., SoldUSA Auctions, Inc. shall not be considered to be “doing business” in any other jurisdiction for purposes of jurisdiction, venue, process, or service of process. The failure of SoldUSA Auctions, Inc. to exercise or enforce any right or provision of the these terms and conditions shall not constitute a waiver of such right or provision. In the event any provision, or part thereof, of this agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the
provision, and that the validity, legality and enforceability of the remaining provisions, or parts thereof, of this agreement shall not in any way be affected or impaired thereby. This agreement, and the information incorporated by reference herein, contains the entire
understanding of the parties with respect to its subject matter.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the
Services or these terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section and paragraph headings contained in the these terms and conditions are for reference purposes only and shall not affect in any way the meaning or interpretation of these terms and conditions.
Arbitration. You agree that any controversy or claim involving you and any other user of the Services (but not including SoldUSA Auctions, Inc.) shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration
Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. You agree that SoldUSA Auctions, Inc. shall not be made a party to any arbitration; provided, however, that if SoldUSA Auctions, Inc. is acting as Escrow Agent, SoldUSA Auctions, Inc. shall be bound by any final judgment entered on any arbitration award as set forth in the Escrow Agreement. The arbitration shall be conducted in Matthews, North Carolina, and
judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or SoldUSA Auctions, Inc., at its sole discretion, may seek any interim or preliminary relief from a court of competent jurisdiction in Matthews, North Carolina as
necessary to protect the rights or property of you or SoldUSA Auctions, Inc. (to the extent that SoldUSA Auctions, Inc. is involved as
Escrow Agent or otherwise in any transaction between users of the Services) pending the completion of arbitration.
COPYRIGHTS AND COPYRIGHT NOTICE
SoldUSA respects the intellectual property rights of others, and we ask our Users to do the same. SoldUSA may, in its sole discretion, disable or terminate the accounts of Users who may be infringing the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide SoldUSA's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.
SoldUSA's Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Vann Law Firm
9940 Monroe Road Suite 201,
Matthews, NC 28105
TERMINATION OF ACCESS
You agree that SoldUSA, in its sole discretion, may terminate or suspend some or all of your access to the Services, immediately, without notice and for any reason. YOU WAIVE ALL RIGHTS, CLAIMS AND CAUSES OF ACTION AGAINST SOLDUSA AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS RELATING TO OR ARISING OUT OF ANY TERMINATION OR SUSPENSION OF YOUR ACCESS TO THE SERVICES.
|DISCLAIMER OF WARRANTIES|
YOU AGREE THAT ANY USE OF THE SERVICES OR THE SITE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SOLDUSA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. You agree that all material and data obtained or downloaded from the Services or the Site, and all goods and services obtained through the Services or the Site, are obtained or downloaded at your own risk and that you will be solely responsible for any resulting damage. No advice or information, verbal or written, obtained by you from SoldUSA or through the Services shall create any warranty or obligation on the part of SoldUSA.
|WAIVERS AND LIMITATIONS|
YOU AGREE THAT NEITHER SOLDUSA NOR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES, THE SITE OR THE TERMS, EVEN IF SOLDUSA HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. This waiver of liability shall include all damages arising from: (a) any use of or inability to use the Services; (b) the cost of obtaining substitute goods and services; (c) unauthorized access to or alteration of your account, transmissions or data; (d) disputes between Users; (e) lost profits, revenue or data; (f) interruption, suspension or termination of the Services, even if the interruption, suspension or termination was unjustified, negligent or intentional; (g) statements or conduct of any third party, including any feedback placed on the Site. IN NO EVENT SHALL THE LIABILITY OF SOLDUSA OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS TO YOU OR ANY OTHER PARTY OR ENTITY, ARISING OUT OF OR RELATING TO THE SITE, THE SERVICES OR THE TERMS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED $100. Any claim or cause of action against SoldUSA or its directors, officers, employees or agents arising out of or relating to the Terms, the Site or the Services will be forever barred unless it is commenced within the earlier of (a) the period prescribed by the applicable statute of limitations or repose or (b) one year after the claim or cause of action arose.
NO SPECIAL DUTIES
Neither the Terms nor your use of the Services or the Site creates any agency, partnership, joint venture, fiduciary, employee-employer or franchisor-franchisee relationship between SoldUSA and you.
Any notice required or permitted by the Terms shall be in writing and shall be delivered by certified mail, return receipt requested, FedEx or another nationally recognized delivery service, or email or facsimile followed promptly by a copy sent by first class mail. SoldUSA's contact information is as follows: SoldUSA, Inc., 1430 Industrial Drive, Unit A, Matthews, North Carolina, USA 28105; email email@example.com; facsimile (704)844-6436. SoldUSA may rely on the contact information you provide in accordance with the registration process.
SoldUSA reserves the right to correct any errors, inaccuracies or typographical errors in the Site. Any claim or action arising out of or relating to the Terms, the Site, the Services or SoldUSA's actions or omissions shall be commenced and heard only in the state and federal courts for Mecklenburg County, North Carolina, USA, and User and SoldUSA consent and submit to the jurisdiction and venue of those courts. The Terms and any obligations between SoldUSA and you shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. You may not assign your rights or obligations under this Agreement without the prior written consent of SoldUSA, and any attempted assignment without that consent shall be void. The failure of SoldUSA to exercise or enforce any right or provision of the Terms shall not constitute a waiver of that right or provision. The Terms contain the entire agreement of the parties with respect to its subject matter and supersede all prior agreements, understandings, usages of trade and courses of dealing.
|EXHIBIT A TO SOLDUSA USER AGREEMENT
ADDITIONAL TERMS APPLICABLE TO CATALOGUE AUCTIONS
SoldUSA provides through the Site access to the interactive online catalogue auction (the "Catalogue Auction"). These additional terms apply to your access to the Catalogue Auction.
A Catalogue Auction closely resembles a typical off-line catalogue auction in which a specific number of items are offered which all close on the same day. The items designated for our Catalogue Auction are in the possession of SoldUSA and have been professionally graded, described and photographed. The Catalogue Auction is designed for upper end or hard to find items offered in a format that reaches the widest range of purchasers.
Sellers must pay SoldUSA the following sales commissions for consigned items sold in a Catalogue Auction per item.
Sale Price Range
$0 - $100.00
$101.00 - $500.00
$10,001.00 And Greater
SoldUSA shall remit to the seller within 60 days following its receipt of payment from the buyer the payment received minus commissions and additional charges. SoldUSA may change its fees in its sole discretion. Unless otherwise stated, all fees are quoted in U.S. dollars. You shall pay all fees associated with using the Catalogue Auction and all applicable taxes, including sales, use and excise taxes. All customers are responsible for directly submitting any required sales, use any excise tax returns required by applicable law. North Carolina businesses must provide SoldUSA with a valid wholesale/resale license issued by the State of North Carolina. Non-U.S. participants are solely responsible for all customs declarations, taxes, duties or other assessments that may be applicable to a sale or purchase by them. You agree to defend, indemnify and hold harmless SoldUSA and its directors, officers, employees and agents from and against (a) all sales, use and excise taxes, all customs declarations, taxes, duties and assessments, and all related penalties, and (b) all taxes, charges and obligations arising from transactions involving a country other than the United States.
For catalogue auctions only, SoldUSA may from time to time charge a Buyer's Premium of 13% for all sales. This will be noted clearly in the review bid box you see when making an electronic bid.
Telephone, mail and facsimile customers may request a summary of purchases made on the second day following the close of the Catalogue Auction. Requests, including a return facsimile number or e-mail address, must be submitted via telephone or fax no later than the day following the close of the auction. SoldUSA will mail by first class mail a hard copy invoice to telephone, mail and facsimile customers immediately following the close of a Catalogue Auction. Internet customers will receive an electronic invoice immediately following the close of the auction. SoldUSA accepts credit cards (Visa, Mastercard and Discover only), certified checks, money orders and wire transfers. SoldUSA must have a valid credit card number and expiration date on file for all customers. All cards are verified prior to the auction. Charges are applied to the card only if a purchase is made. If you elect not to use a credit card to settle purchases, you may open an account with SoldUSA. All accounts must be settled within 25 days of the close of the auction. If an account has not been settled by the 25th day, SoldUSA will charge buyer's account to the credit card number on file. Insufficient funds will result in the loss of purchases Any bidder who makes deposits to his or her account or pays for a catalogue invoice with a check that is subsequently returned will be charged a fee of $30.00. Any bank service charges incurred by SoldUSA will be the responsibility of the participant.
SoldUSA may accept your item(s) for sale on consignment based upon a description by you for each item offered for sale. By submitting an item to be placed on consignment, you agree to the Terms Of Consignment. SoldUSA must approve your consignment items for shipment to SoldUSA. To receive approval, please submit, by mail, fax, or e-mail, a written description of each item proposed for consignment, including defects and flaws. You may also submit a photograph for additional consideration. SoldUSA will notify you of the status of your request.
After obtaining SoldUSA approval, please ship all consignments to:
1430 Industrial Drive
Matthews, NC 28105
Please send your package certified mail, return receipt requested.
Sellers bear all risk of loss during shipment. Sellers must carefully package and fully insure all consignment items against loss and damage. Sellers must include a packing list with all shipments, along with his or her complete name, address and daytime telephone number. Seller should adequately wrapped items of a fragile nature, such as empty shot shell boxes, cardboard oil boxes, glass target balls, and pictures in frames, in separate containers. Seller should insulate shotshell boxes with rigid material inside the boxes to avoid crushing. SoldUSA does not accept items that are soiled, damaged or in poor condition. Items in unacceptable condition, as determined by SoldUSA in its sole discretion, will be returned at the seller's expense. SoldUSA will use commercially reasonable efforts to place the consignment items it accepts into the Catalogue Auction promptly. We generally accept no reserves on items that are valued, in our opinion, at less than $2,000.00. We will consider, but not guarantee, a reserve on any item if it is of significant rarity. Sellers should make note on the inventory list of any items that are reproductions, fake, damaged or repaired.
|BIDDING ON ITEMS|
- HOW TO SUBMIT A BID. You may submit bids by fax, telephone or U.S. mail to us at the address listed in Section 12 of the SoldUSA User Agreement. Telephone bids may be submitted Monday through Friday, 8:00 a.m. to 5:00 p.m., Eastern time. These hours will be extended to 11:00 p.m., Eastern time, on the final day of the auction. Please refer to page one of the catalogue or the catalogue home page for the dates applicable to the current auction. Any customer attempting to deny other customers telephone access may be disconnected at the discretion of SoldUSA. The time each bid is entered is electronically recorded. Bids faxed on the Catalogue Auction closing day must be received no later than one hour before an item's scheduled close time. Bids received after the deadline will not be considered. All auction times are Eastern Time.
- REGISTERING A BID. Each item in a Catalogue Auction has an estimated value range provided by SoldUSA. The minimum opening bid for each item is 50% of the lowest estimated value for that item. If an estimated value is not provided for an item, the minimum opening bid is $1.00. Bids are only accepted in whole dollar increments and partial dollar bids are rounded up to the next whole dollar. All bids registered must be in U.S. Dollars. If a registered bid is tied, the first bid registered will be accepted as the winning bid. Occasionally the catalogue description number does not match the photograph number. To ensure that your bid is properly entered, always bid based on the catalogue description number, not the photograph number. Winning bids must be in an amount greater than the reserve established by the seller if the seller has established a reserve. SoldUSA is hereby authorized to sign, on behalf of the owner, a memorandum sale and is required to receive from the buyer of the goods the full price of any items sold at the Catalogue Auction. Sellers may bid on their own property. If a seller places the highest bid on his own property, he or she is responsible for all commissions and stated sellers' commissions due at the published rates.
- BID ADVANCEMENT. Bids are advanced in minimum increments of 5% of the last bid registered. Fractional amounts are raised to the next whole dollar. SoldUSA shall not accept advancements made in less than 5% increments. Received spread bids that exceed the current bid or another bidder's spread will win the item even if the 5% rule is not met if SoldUSA determines in its sole discretion that the raise was made in good faith and exceeds the other's spread by a sufficient amount.
- OPTIONAL AUTOMATIC INCREASE OF SPREAD BIDS. You may elect to have the Catalogue Auction automatically place bids for you up to a selected maximum bid amount. By inserting an amount in the maximum bid block, you indicate to the Catalogue Auction that you wish to bid continuously in the required minimum increments until the bidding reaches the amount inserted in the maximum bid block. The maximum bid will not be published or displayed to other Users. For example, if the current bid on an item is $50.00 and you wish to bid on this item up to a maximum bid amount of $100.00, the Catalogue Auction can automatically increase your bid incrementally by 5% to outbid the highest bid at any given point. This process will continue until your bid becomes the winning bid or the bidding surpasses your maximum bid amount of $100.00
|BIDDING AND BUYING|
Winning buyers and sellers are obligated to complete the transaction. Each participant acknowledges that a "winning" bid must be an amount greater than any reserve established by the seller. By bidding on an item, you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of the Terms and are not unlawful. A bidder may not withdraw a bid unless SoldUSA determines, in its sole discretion, that exceptional circumstances exist. Bidders shall not directly or indirectly manipulate the price of any item listed for sale. Each bidder on an item certifies that he or she has the legal right to buy the particular item. For more information on the bidding process and the rules, please see our Bidding Policy.
|LISTING AND SELLING|
Each seller certifies that he or she has the legal right to sell, and will sell, the particular item listed free and clear of all liens, claims and encumbrances. No seller shall directly or indirectly manipulate the price of any of item listed for sale. Each seller agrees that SoldUSA may take any appropriate action, in its sole discretion, to modify, limit or terminate the information provided in any listing. For more information and the rules on listing an item, please see our Selling Policy.
SoldUSA has instituted a feedback system (the "Feedback Center") to help participants obtain information on prospective sellers and buyers. SoldUSA does not control the information posted in the Feedback Center and cannot guarantee its accuracy or reliability. You agree not to manipulate the Feedback Center. Manipulation includes directly or indirectly creating positive feedback for yourself, leaving negative feedback for others under secondary accounts or third parties, or leaving unwarranted negative feedback for others. Please see the Feedback Center for more information.
The Catalogue Auctions are conducted during defined time periods, known as lot sessions. Closing days are provided for each lot session. SoldUSA may choose, in its sole discretion, to extend an auction of SoldUSA or the Site experience electronic or mechanical difficulties that interfere with the auction process. Please refer to page one of the published catalogue for the dates applicable to each Catalogue Auction.
Buyers shall pay all shipping, handling and insurance fees. Large, heavy or fragile items may require special shipping arrangements. Buyers are responsible for special shipping arrangements and the associated additional charges. Buyers are required to make necessary arrangements for freight forwarding, customs clearance and payment of duties that may be levied. Buyers shall bear all risk of loss during shipment.
There is a 3 day inspection period on all items purchased in a catalog auction. If you wish to return an item it must be done within 3 days of recieving the item. SoldUSA.com does 100% guarantee all purchases, however due to abuse of this guarantee we are forced to keep to the 3 day inspection. Items will not be returned after the three day inspection period.
In order to help classify and rate items offered in our Catalogue Auctions, SoldUSA uses a GRADING scale that you may review.
The items listed on the Prohibited Items List are strictly prohibited for sale on the Site. You may not offer any item for sale that is prohibited by federal, state or local law. We may, in our sole discretion, remove any item from the Site that we deem unacceptable, even if the item is not listed on the Prohibited Items List or its sale is not unlawful.
EXHIBIT D TO SOLDUSA USER AGREEMENT
ADDITIONAL TERMS APPLICABLE TO MESSAGE BOARDS
As a service to users of the Site, we are providing message boards as communications forums for users to post messages and respond to messages online. In order to make the message boards an enjoyable experience for everyone, we are providing this service under the following policies and procedures, as amended from time to time (the "Policies"). These Policies are in addition to and supplement the SoldUSA User Agreement.
Considering the real-time nature of the message boards, it is impossible for us to review messages or confirm the validity of information posted. We do not actively monitor the contents of any messages posted. We do not vouch for or warrant the accuracy, completeness or usefulness of any message. The messages express the views of the authors of the messages, not necessarily the views of SoldUSA or any entity associated with SoldUSA. SoldUSA is not responsible for the information, data, text or other contents (collectively, "Content") of any message appearing on this message board. We reserve the right to refuse to post or to remove any message that we, in our sole discretion, view to be in violation of the Policies or otherwise inappropriate. You remain solely responsible for the content of your messages, and you agree to defend, indemnify and hold harmless SoldUSA and its officers, directors, employees and agents with respect to any claim based on your message(s). We also reserve the right, in our sole discretion, to revoke the registration privileges of any user who violates the Policies.
You agree that (1) you will not use the message boards to post any Content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, ethnically, racially or otherwise objectionable or inappropriate for children, (2) you will not impersonate any person or organization, including the personnel of SoldUSA, (3) you will not misrepresent an affiliation with another person or organization, (4) you will not include in your message any software, files or links to other sites, (5) you will not include in your message any Content that you are under a contractual obligation to keep private or confidential, (6) you will not include in your message any Content that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a party, and (7) you will not include in your message any advertisements, chain letters, pyramid schemes or solicitations.
You understand that the use of the message boards is at your own risk and that the message boards are provided on an "as is" and "as available" basis. We are not responsible for any loss or damage that you may sustain as a result of using the message boards or any information obtained or provided on the message boards.
We reserve the right to reveal your identity (or whatever information we know about you) in the event of a complaint or legal action arising from any message you post.
IMPORTANT: PLEASE READ!! UPDATED 6-25-09
UPON THE COMPLETION OF EACH AUCTION AN INVOICE WILL EITHER BE EMAILED OR MAILED TO YOU VIA THE US MAIL. YOU THEN HAVE 30 DAYS IN WHICH TO PAY. IF PAYMENT IS NOT RECIEVED WITHIN 30 DAYS OF THE CLOSE OF EACH AUCTION A 7% LATE FEE CHARGE WILL BE ADDED TO YOUR INVOICE. THIS CHARGE WILL OCCUR OR WILL BE ADDED ONCE THE INVOICE IS PAST DUE 30 DAYS. UNFORTUNATELY THIS HAS BECOME A NECESSARY ADDITION DUE TO THE LACK OF SOME CUSTOMERS NOT PAYING THEIR BILL IN A TIMELY FASHION.