1. Acceptance of Auction Terms of Use.
BY PARTICIPATING IN ANY AUCTION, YOU AGREE TO THESE AUCTION TERMS OF USE. If you do not agree to be bound by these Auction Terms of Use, please discontinue your use of the Properties. Pickleball Auctions reserves the right, in its sole discretion, to amend these Auction Terms of Use, and to modify, add or discontinue any aspect, content, or feature of the Properties of the Auction. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Properties, via e-mail or any other reasonable means. Continued use of the Properties or participation in the Auctions by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.
- 2. Additional Auction Terms.
In order to participate in certain Auctions on the Properties, you may be required to agree to additional or different terms and conditions including those set forth on the listing page for the Auction (the “Additional Auction Terms”). The winning bid is intended to benefit, in whole or in part, a designated charity (each, a “Charity Partner”), and the Auction listing shall set forth the terms applicable to such charitable benefit (i.e. the percentage or amount of the winning bid that shall benefit the Charity Partner, which may be 100% or a partial percentage as set forth in the Additional Auction Terms). Certain fees and administrative costs (e.g. operating costs, fulfillment and shipping costs) may be deducted from the sales price depending on the Auction. If there is a conflict between these Auction Terms of Use and any Additional Auction Terms, the Additional Auction Terms shall control and the non-conflicting provisions in these Auction Terms of Use will continue to apply. If an Auction does not contain Additional Auction Terms, then only these Auction Terms of Use apply. We reserve the right to limit, change, cancel, or relist any Auctions, without prior notice, even after bids have been submitted.
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3. Special Bidding Rules.
You are required to enter a valid credit card number to place a bid for any Auction. Your credit card will not be charged unless you are the winning bidder, however, we reserve the right to put an authorization or hold on the credit card for an amount reasonably related to the item on which you are bidding. When bidding for an item in any Auction, you agree that, (a) you are making an irrevocable binding offer to purchase the item (which may only be retracted in limited circumstances set out below in Bid Cancellation or if otherwise permitted by law) and that if you are the winning bidder, that your bid is a legally binding contract to purchase the item except in certain limited circumstances set out below and we may charge your credit card; (b) you are responsible for reading and understanding the full item listing and any Additional Auction Terms that accompany the listing; (c) you will not take any actions that directly or indirectly manipulate the bid or the bidding process and that no shill bidding is permitted; (d) you will not bid on any item which violates any law, rule or regulation to which you are subject and that if you do so your bid is considered null and void. We shall charge your credit card and/or request payment upon confirmation that you are the winning bidder (such confirmation may be subject to additional verification and background check requirements depending on the Auction Item as described further below). If your payment method fails or we do not receive payment, we shall provide you with a notification and time period to rectify your payment, which is typically seven (7) days (but may be a shorter period in our discretion depending on the Auction Item). If we do not receive your payment within such time period, your order will be automatically cancelled. We reserve the right to determine bid increments with respect to any Auction, and to change such bid increments, in our sole discretion, during any Auction. The winning bid will be the bid that is the highest dollar amount at the time the auction closes. Auction closing times are approximate, and we reserve the right to close an auction early or later (including, without limitation, the right to extend any auction if we receive a bid within five minutes of the closing time for any Auction) than the scheduled time or to cancel an auction in its entirety for any reason.
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4. Bid Cancellation.
Each bid is a legally binding offer and you may not cancel or retract your bid once placed. However, in the event (i) you accidently entered the wrong bid amount due to a typographical error (e.g., decimal point in the wrong place) and you realize your error before bidding closes or (ii) if the listing description materially changes after you have placed your bid, then in each case you may make a request to us to retract your bid. If this occurs, you must contact us at info@pickleballacutions.com. immediately upon realization of your error or the material modification, and in all cases if your bid was placed within the last twelve (12) hours of the auction, you must contact us within one (1) hour of placing the erroneous bid. We cannot guaranty that you will be able to retract your bid and any retraction is granted in our sole discretion. Further, we reserve the right to refuse to honor or to retract any bid in our sole discretion.
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5. Eligibility.
In order to participate in any Auction you must be a legal resident of any eligible jurisdiction worldwide, 18 years of age or older or the age of majority in your jurisdiction, whichever is greater. Please carefully review our Privacy Policy (as defined and linked to below in Section 6) with respect to our collection, use and sharing of your information.
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6. Privacy Policy.
You agree to our collection, use and sharing of your information, including personal information, as set forth in our Privacy Policy at Pickleball Auctions (“Privacy Policy”). All provisions of the Privacy Policy are incorporated by reference herein.
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7. Products, Services, Content and Specifications.
In the event a product, service or other item is listed at an incorrect price due to typographical error or with an error in pricing, availability or other information, we will have the right to cancel the applicable Auction, whether or not the winner has been confirmed or you have been identified as the winning bidder and/or your credit card or other payment method has been charged. If your credit card has already been charged for the purchase and the Auction is cancelled, we will refund any such charges within a commercially reasonable period of time after cancellation. We do not endorse and have not verified the accuracy or reliability of any opinion or statement made on any Auction listing by any third party, including but not limited to customers, manufacturers, distributors or suppliers of products and services offered in any Auction. In addition, we may make changes to information about price, availability or other product or service attributes without notice. We also may require additional verifications or other information prior to the acceptance and/or fulfillment of any winning bid. Your receipt of any acknowledgement of a winning bid from us does not signify our acceptance of your bid, nor does it constitute confirmation of our offer to sell. With respect to the shipment of products and services sold through any Auction, risk of loss and title for items purchased from the Auction pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. It also is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from any Auction. We do not endorse any sale (including any resale), transfer, donation, gift or other disposition of any item purchased from any Auction. For the avoidance of doubt, any sale, resale, transfer, donation, gift or other disposition of any Auction item by you is solely at your own risk and you shall have no recourse against Pickleball Auctions for any claims, losses or damages arising from such disposition of any Auction item by you.
Without limiting this Section and the provisions of Sections 12 and 13 hereof, any representations or warranties contained in these Auction Terms of Use are expressly limited to valid transactions conducted on the Properties. Pickleball Auctions makes no warranties or representations whatsoever with respect to any sale, resale, transfer, donation, gift or other disposition of Auction items outside of the Properties and shall not be responsible or liable in any manner to you or to any third party for any such disposition of any Auction item.
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8. Cataloging and Listing.
Without limiting Section 10 (Authenticity; Returns) below, any description or image of merchandise contained in any Auction is for the sole purpose of identifying the Auction item, and no description or image of merchandise shall be made part of the basis of any bargain or creates any express warranty that merchandise shall conform to any description made by Pickleball Auctions. Color or other variations in details, appearance and other indicia of the item can be expected in any electronic images and are not grounds for the return of any Auction item. Returns of Auction items shall not be accepted for any reason except as set forth in Section 10 below.
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9. Special Rules for Certain Auction Items.
Prior to fulfillment of any Auction item, Pickleball Auctions reserves the right to conduct a background check on the potential winning bidders, and, if any Auction item includes participation by one or more of the winning bidder’s guests or family members ("Winner's Guest(s)"), the Winner's Guest(s), and reserves the right in its sole discretion to disqualify any potential winning bidder or Winner's Guest(s) based on the results of such background check, if Pickleball Auctions determines in its sole discretion that awarding the Auction item to such winning bidder or Winner's Guest(s) might reflect negatively on Pickleball Auctions (including without limitation due to any determination that the winner bidder has acted or is likely to act in a manner disparaging to Pickleball Auctions or otherwise in a manner that is inappropriate, illegal, constitutes an act of moral turpitude, or is otherwise offensive to reasonable community values), put Pickleball Auctions or its personnel in danger or may impede winning bidder or Winner's Guest(s) entry into a destination country. Factors that could result in disqualification as a winning bidder or Winner’s Guest(s) include, without limitation, having been convicted of a felony or misdemeanor, being delinquent on a government-ordered payment, such as child support, spousal support, alimony, tax payments, etc., or any other criminal or civil offense determined at the sole discretion of Pickleball Auctions. Where necessary to fulfill this requirement in any jurisdiction, winning bidder and/or Winner’s Guests must provide authorization and/or complete any forms reasonably required to facilitate such background check.
Further, in addition to any restrictions or limitations set forth in any Auction listing, certain types of Auction items may have additional restrictions or limitations as follows.
- (a) Auction Items That Include a Travel Component:
- (i) Travel Auction items do not include travel or airfare unless specified otherwise on the Auction listing. Actual retail value of any trip will depend on the winning bidder’s place of residence and the difference between the approximate retail value and the actual retail value will not be awarded. Winning bidder and guest(s), if applicable, must travel on the same itinerary. Does not include meals, transfers, ground transportation, gratuities or any other expenses not specifically listed on the item listing. Travel and accommodations subject to availability; certain additional restrictions and blackout dates may apply. Winning bidder and guest(s), if applicable, are responsible for all required travel documentation and identification including, without limitation and as applicable, any passport or visa, as well as meeting any other requirements for entry into the applicable destination. Winning bidder and guest(s), if applicable, must also sign a release in a form satisfactory to Pickleball Auctions before ticketing. Winning bidder’s guest(s) must be over the age of majority in the state, province or territory in which s/he resides or the winning bidder who accompanies them must be their parent or legal guardian.
- (ii) For any item that includes a cruise, the cruise is subject to availability, excludes holiday and inaugural sailings and must be taken during value and economy seasons only as determined by cruise ship's standard definition. Port charges, departure taxes, ground transfers, gratuities, shore excursions, onboard expenses or any other expenses not specifically listed on the item listed are not included. Cabin assignment will be best available at time of sailing excluding deluxe cabins and suites. Cruise will depart from the location indicated on the item listing.
- (b) Auction Items that Include Attending an Event: Tickets and seating are subject to availability. In the case the event is delayed or rescheduled for any reason, tickets for the delayed or rescheduled event may be provided in the sole discretion of Pickleball Auctions. In the case the event is cancelled for any reason, the remainder of the item, if any, will be awarded without the scheduled event. In the case of cancellation, Pickleball Auctions otherwise may substitute a prize of equal or greater value in its sole discretion. Winning bidders guest(s) must be 18 or older or the winning bidder who accompanies them must be their parent or legal guardian.
- (c) Auction Items that Include Meeting or Greeting any Person: Meet and greet portion of item is subject to availability. In the case of unavailability, the remainder of the item, if any, will be awarded without the meet and greet portion and any refund for the meet or greet will be determined by Pickleball Auctions in its sole discretion (with Pickleball Auctions being under no obligation to provide a refund). If no portion of the auction item was able to be provided, Pickleball Auctions will offer a full refund to the winning bidder.
- (d) Auction Items that Include Participating in a Physical Event: Pickleball Auctions and/or event coordinators reserve the right to decline participation in the event to any winning bidder and guest(s), if applicable, if it is deemed that individual is unfit, in an unsafe condition, acting in an unsafe matter, fails to meet the requirements of that particular component of the event (which may include, without limitation, height/weight restrictions or restrictions based on the health of the participant) or for any other reason as determined by Pickleball Auctions in its sole discretion. Pickleball Auctions may require winning bidder and guest(s), if applicable, to be examined by a doctor or other appropriate medical professional prior to participation in the event.
- (e) Other Restrictions: Any other restrictions that apply to an item for any Auction will be set forth in the Auction listing. Further, Pickleball Auctions is not responsible in any manner if any Auction cannot take place, or if any Auction item (including without limitation any Auction item that includes any travel, meet and greet or event attendance or participation) cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, riots or protests, public health crises, epidemics, pandemics, travel restrictions, government restrictions or bans, acts of public authorities, weather or acts of terrorism. In such event, Pickleball Auctions may, in its sole discretion, award the affected component of the Auction item at a later time (e.g. travel on a postponed date), or cancel the affected portion of the Auction item in its sole discretion, In the event the affected portion of the Auction item is cancelled, winning bidders will not receive any substitute Auction item or additional remuneration.
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10. Authenticity; Returns.
- (a) Autographed items: Pickleball Auctions generally acts as the first party authenticator of items. In the event that items are not directly provided by Pickleball Auctions, we try to get first person authenticators such as the athlete or talent themselves, or well-known companies that contract with the athlete/talent and witness each autograph. We use good faith efforts to ensure that all autographed items are certified with third party authenticator technology (i.e., PCA). Autographed items that are accompanied by a Certificate of Authenticity (COA) from a third-party authenticator or are otherwise accompanied by a certification hologram or sticker are not returnable. We do not guarantee that all companies that certify autographs will agree with each other's opinion and a certified autograph by a third-party authenticator may not be returned due to a competing firm disagreeing with their evaluation.
- (b) Game Used items: We strive to offer Auction items that are direct from the applicable athlete, team, or league and come with a letter of authenticity certifying as to game use. For some items we also use third party authentication technology (i.e., PCA) to certify game used items and to provide certificates of authenticity. Game used items that are accompanied by a letter of authentication from an athlete, team or league stating an item was used by a player, or game used items that are accompanied by a COA are not returnable. We do not guarantee that all companies that certify game use will agree with each other’s option and a difference of opinion from a different authenticator as to game use is not reason for return of such game used item. All game used items are sold as described by the accompanying authentication (as is).
For Auction items not properly accompanied by first or third party authentication or under extremely limited circumstances when an auction item does not include the proper certificate of authenticity (or equivalent) (e.g. a cataloging error), a winning bidder may request Pickleball Auctions to evaluate voiding a sale. All such requests must be made in writing detailing the alleged error, which shall be evaluated by Pickleball Auctions in its sole discretion. Such request must be filed within thirty (30) days of the Auction’s conclusion.
For the avoidance of doubt, Pickleball Auctions shall have no obligations with respect to documentation or authentication of Auction Items except as expressly set forth herein. In particular, you are solely responsible for handling any insurance applications with respect to your Auction Item and Pickleball Auctions is not responsible for determining the value of any Auction Item for insurance purposes of otherwise. Pickleball Auctions provision of a receipt reflecting the amount of your winning bid is not an official valuation of the Auction Item for insurance purposes or otherwise.
Except as listed above, all sales are final and there are no returns permitted.
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11. Shipping; Taxes.
Delivery method may vary by item, type, location and availability. Unless expressly stated in the Auction listing, each winning bidder agrees to pay for shipping, handling and delivery charges in addition to the winning bid amount, and to provide information and cooperation as requested in order to make such delivery. Costs for packaging, shipping and insurance will be added to all invoices. No Auction items will be shipped until full valid payment is received. For any Auction item, you may elect to add an adult signature requirement to your delivery, which will result in a shipping surcharge commensurate with the FedEx shipping costs. PLEASE NOTE: All Auction items with a value greater than $500.00 must be shipped via FedEx to a physical address with an adult signature requirement for insurance purposes. Items will be shipped as soon as possible after the payment has cleared. Most Auction items are sent FedEx with tracking, insurance, and signature confirmation. However, orders shipped internationally will be shipped via FedEx International. Extremely large or heavy items may require special shipping arrangements. In our discretion, we may require you to arrange for pick-up of an Auction item. If you are interested in bidding on an oversized item, we suggest calling before bidding to determine the approximate shipping cost. If you wish to ship via USPS you will need to contact our office for special arrangements. Risk of loss will transfer to the winning bidder upon transfer of the items to a common carrier or, in the case of pick-up, to the winning bidder.
All federal, state and local taxes are the sole responsibility of the winning bidder (including without limitation for import/export), and winning bidder acknowledges that the value of the Auction item may be considered taxable income in some jurisdictions. Pickleball Auctions will comply with all tax reporting requirements. For US residents, a Form 1099 will be sent to the IRS (with a copy to the winning bidder) to report the value of the Auction item. Certain countries, regions, states, or municipalities may charge taxes or fees to buyers living in their jurisdiction. Please familiarize yourself with these and how they will affect your purchase prior to bidding. Pickleball Auctions makes no representation as to the tax consequences of any donation or of a winning bidder’s payment. Determining eligibility for favorable tax treatment, if any, is up to the bidder.
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12. Disclaimer of Warranties.
THE PROPERTIES OR RELATED SERVICES ARE PROVIDED "AS IS." PICKLEBALL AUCTIONS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE PROPERTIES, ANY AUCTION ITEMS OR ANY RELATED SERVICES, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE PROPERTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PICKLEBALL AUCTIONS DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PICKLEBALL AUCTIONS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE PROPERTIES, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF ANY INFORMATION ON THE PROPERTIES, (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND (vi) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY PICKLEBALL AUCTIONS OR ANY THIRD PARTY. PICKLEBALL AUCTIONS MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE PROPERTIES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION. ANY INFORMATION ON THE PROPERTIES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND PICKLEBALL AUCTIONS DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES, INCLUDING, BUT NOT LIMITED TO, CHANGES TO PRICES, DISCOUNTS, AND HOURS OF OPERATION.
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13. Limitation of Liability.
IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE PROPERTIES, INCLUDING ANY AGENTS, CHANNEL OR CHARITY PARTNERS AND ASSOCIATED SERVICE PROVIDERS, OR ANY WEB SITE LINKED TO OR FROM THE PROPERTIES, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE PROPERTIES) ARISING OUT OF OR IN ANY WAY RELATED TO THE PROPERTIES, YOUR ACCESS, USE OR INABILITY TO USE THE PROPERTIES OR ANY WEB SITE LINKED TO OR FROM THE PROPERTIES, ANY CONTENT CONTAINED THEREIN, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE EVEN IF WE OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WE RESERVE THE RIGHT TO ALTER THE CONTENT OF THE PROPERTIES IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
THE LIMITATIONS IN THIS SECTION 13 APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING UNDER THESE TERMS EXCEED ONE HUNDRED DOLLARS ($100.00).
ANY THIRD PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THE PROPERTIES, INCLUDING ANY AGENTS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS SHALL BE DEEMED THIRD PARTY BENEFICIARIES FOR PURPOSES OF THIS SECTION 13.
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14. Miscellaneous.
These Auction Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any principles of conflicts of law. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Florida, regarding any and all disputes relating to these Auction Terms of Use or your use of the Service. AS SET FORTH IN PICKLEBALL AUCTIONS TERMS, ANY DISPUTE RESOLUTION PROCEEDINGS SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER OF A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION: YOUR ACCESS AND USE OF THE SERVICE SIGNIFIES YOUR EXPRESS CONTENT TO THIS CLASS ACTION WAIVER.
You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Auction Terms of Use are material terms of these Auction Terms of Use and that they have been taken into account in the decision by Pickleball Auctions to provide the Auction hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of Pickleball Auctions. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. If any provision of these Auction Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Auction Terms of Use, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions. These Auction Terms of Use and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Auction or access to any Properties. The titles and subtitles used in these Auction Terms of Use are used for convenience only and are not to be considered in construing or interpreting these Auction Terms of Use.
Auction Terms of Use were last updated on September 2024.