Prime Auctions Legal Terms
Terms and Conditions of membership for www.primeauctions.com, operated by Prime Auctions LLC, (hereinafter, the “Company”)
Prime Auctions Buyer Agreement
Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site or any services available hereon.
This Agreement (the “Agreement”) specifies the Terms and Conditions for access to and use of www.primeauctions.com (the “Site”) and describes the terms and conditions applicable to your access of and use of the Site. We may modify this Agreement without notice to you at any time upon posting of a modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.primeauctions.com. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
WARRANTY & CONDITION
Our items: Some are brand new, still in original packaging, or are online customer returns. Some items may have been previously opened, used or had damages occur to them. Conditions and previous use of specific items may vary.
The photographs we use for all items on the Site are stock photos, not photographs of the actual/specific item beings sold. STOCK PHOTOGRAPHS DO NOT REPRESENT THE ITEM’S CONDITION. We list each item according to its individual UPC label. Please review the description of each item prior to purchasing. Some items sold on the Site are partials, incomplete or damaged; if it comes to our attention that such items are partials, incomplete, or damage, the item will be designated accordingly on the Site. However, the Company does not guarantee that all items will be properly marked, nor does the Company warrant that an inspection will be made of every item. Items that are flagged or marked may contain additional detail/information near the bottom of each item(s) description. Do not rely on the description on the Site, as it is the bidder’s responsibility to inspect any item(s) on which you bid. PLEASE NOTE THAT OUR STAFF DOES NOT INSPECT OR OPEN ANY BOXES AND PACKAGES. THEREFORE, NONE OF THE ENCLOSED ITEMS CAN BE GUARANTEED OR WARRANTED. It is the bidders responsibility to inspect any items they are interested in during scheduled preview days. ALL SALES ARE FINAL. The Company makes no warranties on any items or goods purchased through the Site. Every item is sold on "as-is" basis without representations or warranties of any kind whatsoever. NO REFUNDS WILL BE PROVIDED.
The Company makes efforts to ensure that use of the Site is safe, secure, and functioning properly, but cannot guarantee the continuous operation of or access to the Site or services provided thereon. Bidding and other functionality on the Site may not occur in real time. Such functionality is subject to delays beyond the Company’s control.
You agree that you are making use of the Site at your own risk, and that services are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, the Company excludes all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Place a bid on the items you desire by putting your bid in the left hand bidding box. If you do not want to come back and re-bid every time someone else places a higher bid, then you may place your maximum bid in the right hand bidding box. Place your maximum bid in the right hand bidding box and our system will incrementally your bid up to your maximum bid.
Please review bids carefully before each submission. Prime Auctions cannot edit or delete bids after they have been submitted. Keep in mind that each bid you place is a binding contract to buy the item if you win. You acknowledge and agree that once you have placed a bid, the bid cannot be cancelled or retracted.
LOSS OF BIDDING PRIVILEGES
If the buyer's credit card is declined, bidding privileges may be terminated, and the buyer may be prohibited from participation in any future auctions. Privileges may be restored at the sole discretion of the Company. The Company reserves the right to Void, terminate, and reject any bids which it believes have not been made in good faith, are intended to manipulate the auction process, or are prohibited by any applicable law, restriction or regulation. The Company reserves the right to suspend, disable or terminate any registration/account at its sole discretion at any time and prohibit any and all participation in the services provided by the Company.
PICKING UP ITEMS
SHIPPING & HANDLING AND DELIVERY
The purchase of any item does not include shipping and handling services, and the Company does not guarantee any shipping and handling services will be provided. If the Company and purchaser agree, the Company may, in its sole discretion, arrange for the delivery of your item upon the terms agreed to by the Company and the purchaser. Any delivery services are additional in cost. The cost of delivery is based on the delivery address, but will be within the sole discretion of the Company. Please contact the Company for a delivery quote.
If you have a Tax Exemption form, please present it when picking up your item(s). Tax exemption will not be accepted at a later time and you will have to apply with the state for a refund.
The Company reserves and retains the full undisputed right to end, delay or extend the length of an auction or time of pick-up, for any reason. In addition, any item may be removed from the online auction at any time. The Company has the right to refuse sale any time before payment is made.
The Company is not an auction firm, nor a licensed auctioneer. The Company does not provide any type of auction services or auctioneering. The Company does not warrant any compliances of property with any environmental laws. In no case shall the Company be liable for special, direct or indirect or incidental or consequential damages to any person or property from any items sold or from any defects that these items may contain.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND THE COMPANY HAVE AGAINST EACH OTHER ARE RESOLVED.
In exchange for your use of the Site, you agree that you, your heirs, executors, representatives, insurers, administrators, successors, and assigns (“Releasors”) irrevocably and unconditionally, and fully and forever, waive, release, and discharge the Company, its subsidiaries, owners, shareholders, directors, officers, employees, agents, affiliates, predecessors, successors, and assigns (“Releasees”) from any claims that: may arise out of or under any federal, state, or local law; may arise out of or relate to your use of the Site, the bidding on or purchasing of any item on the Site; or may arise under any tort, contract, and/or quasi-contract law (“Claims”). UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
RELEASE AND WAIVER OF CALIFORNIA CLAIMS
The Releasors understand that they may later discover Claims or facts that may be different than, or in addition to, those which Releasors now know or believe to exist with regard to the subject matter of this Agreement and which, in known, may have materially affected this Agreement or Releasors’ decision to accept the terms of this Agreement. The Releasors have been made aware of, and understand, the provisions of California Civil Code Section 1542 and hereby expressly waive any and all rights, benefits, and protections of the statute, which provides, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
All content included on this Site is and shall continue to be the property of the Company or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site.
The Site is intended for adults only. The Site is not intended for any person under the age of 18.
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
USE OF INFORMATION
The Company reserves the right to use and assign all information regarding Site uses by you and all information provided by you in any matter consistent with applicable law.
You agree to indemnify, defend and hold the Company and its partners, shareholders, owners, directors, officers, employees, agents, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
COPYRIGHTS AND COPYRIGHT AGENT
If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is C. Jason Smith, who can be reached as follows:
By Mail: 100 Howe Ave., Suite 208S, Sacramento, CA 95825
By Phone: (916) 569-8100
You agree that the laws of the state of California, without regard to conflicts of laws provisions, will govern this Agreement and any dispute that may arise between you and the Company or its affiliates.
The Parties agree that any disputes relating to or arising out of your use of the Site or this Agreement will be brought only in Sacramento County Superior Court in the State of California. The Parties hereby irrevocably submit to the exclusive jurisdiction of such court and waive the defense of inconvenient forum to the maintenance of any such action or proceeding in such venue.
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
The Company may terminate this Agreement at any time, with or without notice, for any reason.
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