Welcome to Auctioncounty, and thank you for visiting our site. The Auctioncounty website and its related services (collectively referred to as the "Website") are provided by Auctioncounty.com, LLC, a limited liability company based in Connecticut ("Auctioncounty"). By accessing or using the Website in any manner, you indicate your intent to agree and be bound by the terms outlined in this Terms of Use Agreement ("Agreement"). Auctioncounty reserves the right to modify or change this Agreement at any time, at its sole discretion, and without prior notice. As a result, it is your responsibility to review this Agreement each time you use the Website. If you disagree with any of the terms, you must cease using the Website immediately. Your continued use of the Website following any updates, modifications, or amendments to this Agreement will signify your acceptance of those changes. The Privacy Policy of Auctioncounty is incorporated into this Agreement by reference. Please review Auctioncounty's Privacy Policy to understand how your personal information is collected, used, and protected when using the Website. ARBITRATION NOTICE:THIS TERMS OF USE AGREEMENT INCLUDES A MANDATORY ARBITRATION PROVISION AND A WAIVER OF CLASS ACTION RIGHTS. UNLESS OTHERWISE STATED IN THIS AGREEMENT, AND IF YOU DO NOT CHOOSE TO OPT-OUT OF ARBITRATION AS DESCRIBED BELOW, YOU AGREE THAT ANY DISPUTES BETWEEN YOU AND AUCTIONCOUNTY WILL BE SETTLED THROUGH BINDING INDIVIDUAL ARBITRATION. YOU ALSO WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL LAWSUIT OR ARBITRATION. a. Eligibility to Use the Website The Website is available for use by individuals who are at least eighteen years old. By accessing and using the Website, you confirm that you are 18 years of age or older, have full mental capacity, and are legally able to agree to and abide by the terms of this Agreement. If you are using the Website on behalf of a business or another third party, you confirm that you have the actual authority to act as an authorized representative of that entity or third party and that you have the legal right and power to agree to the terms of this Agreement on their behalf. You also confirm that you are not restricted by any other agreement from entering into this Agreement. b. Privacy Policy Auctioncounty's Privacy Policy is hereby incorporated into this Agreement by reference, as if fully restated here. c. Acceptable Use of the Website By using the Website, you agree to use it solely for its intended purposes, as permitted by this Agreement and applicable laws, regulations, or ordinances. You also acknowledge that you are responsible for any violation of this Agreement and any resulting losses or damages incurred by Auctioncounty, including legal costs and attorneys' fees. You may not use the Website to violate any local, state, national, or international law or infringe upon the rights of others, including intellectual property rights, privacy rights, or proprietary rights. You are specifically prohibited from: - Attempting to access the Website by any means other than through a standard web browser, unless explicitly authorized by Auctioncounty via a separate written agreement. - Using automated methods to access the Website. - Bypassing any security measures or technological protections implemented on the Website. - Posting or transmitting any content designed to gather personal or identifiable information from other users of the Website or third parties. - Harassing or intimidating any user of the Website. - Posting or transmitting content that threatens physical harm or promotes the destruction of property. - Posting or transmitting content that infringes on the intellectual property rights of other users or third parties. - Posting or transmitting content that involves fraud, unauthorized commercial solicitations, phishing scams, pyramid schemes, or chain letters. - Disrupting or interfering with the functionality of the Website or its servers and networks. - Scraping, reproducing, republishing, selling, reselling, duplicating, or trading any content from the Website. - Circumventing the bidding or auction processes on the Website. - Failing to fulfill any transaction agreed upon through the Website. - Attempting to divert or redirect customers from the Website to another service or website. - Sending unsolicited or unauthorized communications to users or third parties through the Website. - Posting or transmitting content that is false, misleading, defamatory, vulgar, obscene, libelous, invasive, hateful, or otherwise objectionable. - Reverse engineering, decompiling, translating, or disassembling the Website or its content. - Assisting or encouraging others to engage in any behavior that violates the terms of this Agreement. Auctioncounty reserves the right to modify, amend, or discontinue the Website and its content at any time, without prior notice. Auctioncounty also reserves the right to refuse access or service to any individual or business entity, at its sole discretion, and without notice. d. Limited License to Use the Website You acknowledge that the Website is owned by or licensed to Auctioncounty and is protected by U.S. and international laws, including intellectual property laws and other proprietary rights. Your use of the Website is governed by the license granted under this Agreement, and you agree not to use the Website in any way that is not expressly permitted by this Agreement. All rights not explicitly granted to you are reserved by Auctioncounty. Auctioncounty grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, and royalty-free license to use the Website for its intended and customary purposes. You are strictly prohibited from copying, creating derivative works, distributing, publicly performing, or publicly displaying any part of the Website. e. Idea Submission Policy Auctioncounty may offer the option to submit ideas through the Website. By submitting an idea, you agree that it becomes the property of Auctioncounty, and you will not receive any compensation for the submission or use of that idea. Auctioncounty has the right to use, redistribute, or implement your submitted idea in any manner, without obligation to keep it confidential or provide compensation. f. User Account Auctioncounty may allow you to create a user account ("User Account"), granting access to additional features on the Website. Your User Account is secured by a username and password, and you are solely responsible for maintaining their confidentiality. You are also responsible for any unauthorized use of your account. If you believe your account has been accessed without your permission, you must notify Auctioncounty immediately. Auctioncounty reserves the right to limit, suspend, or terminate your User Account at any time and without notice. By creating a User Account, you consent to being contacted by Auctioncounty, including via email. Auctioncounty may access your account to update your information, manage listings, or maintain the service. g. License to User-Generated Content Auctioncounty may allow you to upload, submit, or transmit user-generated content (referred to as "User-Generated Content") through your User Account. This can include, but is not limited to, text, images, photographs, videos, URLs, and other materials. You affirm that your User-Generated Content will not: (i) violate any applicable local, state, provincial, national, or international laws or regulations, (ii) breach any terms or conditions of this Agreement, or (iii) infringe upon the rights of third parties, such as intellectual property or personal and proprietary rights. By uploading or submitting User-Generated Content to the Website, you grant Auctioncounty a non-exclusive, irrevocable, royalty-free, worldwide, and perpetual license to use, display, and distribute your content for the Website's customary and intended purposes, including its marketing efforts. This includes, but is not limited to, displaying content on the Website, promoting the Website, providing services to users, and creating backups or archives of the Website. By submitting your content, you waive any moral rights or rights of publicity and privacy associated with the submitted content. You also warrant that all content you submit will be truthful, accurate, non-misleading, and complete. Auctioncounty does not assume responsibility or liability for any User-Generated Content submitted to the Website, including its accuracy or completeness. You are encouraged to conduct your own due diligence when interacting with listings on the Website, and you agree to use the Website at your own risk when listing, purchasing, or completing any transaction. h. Bids and Listings You acknowledge that Auctioncounty serves as a marketplace where users with registered accounts can buy and sell items. If you list an item for sale, you warrant that your listing is true, accurate, and complete, and that you hold all legal rights, ownership, and authority to transfer the item free of any liens or claims. Unless otherwise specified below, when you accept a winning bid, you are entering into a legally binding contract to sell the item. Auctioncounty does not inspect or verify any listings and makes no guarantees or representations about their accuracy or completeness. As a buyer, you are responsible for fully reading the item listing before placing a bid. By bidding, you agree to enter into a legally binding contract to purchase the item if you hold the winning bid. For motor vehicles or real estate, your bid is considered a non-binding offer, and a formal contract is not established until it is finalized between the buyer and seller. Both buyers and sellers agree that bids cannot be canceled or withdrawn once placed. Sellers retain the right to reject the final bid or cancel an auction at their sole discretion. Auctioncounty is not responsible for the contracts formed between buyers and sellers or for enforcing the terms of those agreements. Use of the Website for buying or selling is at your own risk, and both parties are responsible for enforcing and interpreting their own contracts. i. Payment Auctioncounty provides access to its Website and User-Generated Content by allowing users to create a User Account. When a buyer purchases an item from a seller through the Website, Auctioncounty charges a buyer's fee. This fee is posted on the Website, and Auctioncounty reserves the right to adjust its fees at any time, at its sole discretion. All payments made through the Website are non-refundable. You agree that all buyer's fees must be paid in full before the purchased item can be retrieved. Failure to pay any fees on time may result in Auctioncounty suspending or terminating your access to the Website or your User Account. Additionally, Auctioncounty may impose a penalty fee for withdrawing from a bid, and this fee will be posted on the Website as determined by Auctioncounty. You are also responsible for covering any collection costs, including legal fees, that Auctioncounty incurs in recovering unpaid fees. You further agree to pay all applicable taxes or charges imposed by any governmental authority related to your use of the Website. All costs are quoted in U.S. Dollars, and Auctioncounty is not responsible for any foreign transaction fees that may be charged by your financial institution. You agree not to initiate chargebacks against Auctioncounty unless you have received written authorization from Auctioncounty. If you do initiate a chargeback, you will be responsible for any associated costs. If you wish to dispute any payment under this Agreement, you must notify Auctioncounty within ten (10) days of the payment. Failure to do so within this time frame will waive your right to challenge the payment. j. Proprietary Rights You acknowledge that the Website, including its source code, data, structure, arrangement, and executable code, contains valuable intellectual property and trade secrets owned by Auctioncounty. By using the Website, you do not acquire any ownership rights in the Website or its content. You are granted only a limited license to use the Website in accordance with this Agreement. All other rights remain the exclusive property of Auctioncounty. k. Trademarks You acknowledge that all trademarks, trade names, logos, or design marks displayed on the Website by Auctioncounty, including but not limited to the name "AUCTIONCOUNTY," are either registered or common law trademarks owned by or licensed to Auctioncounty. You are strictly prohibited from using any of Auctioncounty's trademarks in a way that could confuse, mislead, or deceive consumers, or misrepresent the origin, source, or sponsorship of your goods or services. You are also prohibited from using Auctioncounty's trademarks in domain names, keyword advertisements, or in meta tags, as well as to trigger keyword advertisements. Any other trademarks or logos on the Website belong to their respective owners. l. Auctioncounty as Service Provider You agree that Auctioncounty operates the Website as a service and is not responsible for any interactions between users of the Website. As an interactive computer service provider under Section 230 of the Communications Decency Act, Auctioncounty cannot be held liable for personal or commercial disputes resulting from third-party content on the Website. While Auctioncounty may edit, remove, or moderate content submitted by users, it takes no responsibility for that content. The Website may also contain links to third-party sites, and the inclusion of such links does not imply endorsement by Auctioncounty. As a service provider, Auctioncounty does not mediate or resolve disputes between buyers, sellers, or User Account holders. All disputes must be resolved directly between the involved parties, without the involvement of Auctioncounty. m. Taxes You agree to pay all applicable taxes required by any governmental authority, whether local, state, provincial, national, or international, related to your use of the Website. Auctioncounty will report all payments received from you as income to the appropriate tax authorities. n. Copyright Policy a. Auctioncounty responds to authorized notices of alleged copyright infringement in compliance with the Digital Millennium Copyright Act (DMCA). If you believe that your copyrighted material has been infringed by a user of the Website, you may submit a DMCA-compliant notice of infringement to Auctioncounty. Upon receiving such a notice, Auctioncounty will attempt to notify the uploader of the allegedly infringing content to allow them to respond with a counter-notice as outlined by the DMCA. b. All notices of copyright infringement sent to Auctioncounty must include the following: i. A physical or electronic signature of the person authorized to act on behalf of the copyright owner. ii. Identification of the copyrighted work(s) allegedly infringed. iii. The location of the infringing material on the Website. iv. Contact information for the person submitting the notice (address, telephone number, fax, or email). v. A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, their agent, or the law. vi. A declaration, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner. c. Upon receiving a valid infringement notice, Auctioncounty will make reasonable efforts to notify the uploader of the content, allowing them to issue a counter-notification. Counter-notifications must contain the following information: d. Counter-Notification Requirements A counter-notification from a user whose material was removed must include the following: i. The user's physical or electronic signature. ii. Identification of the material that was removed, or the location where the material was previously available. iii. A statement, under penalty of perjury, that the user has a good faith belief that the material was removed due to error or misidentification. iv. The user's name, address, telephone number, and a statement consenting to the jurisdiction of the federal district court in the user's location. All notices of infringement should be sent to copyright@Auctioncounty.com. Term and Termination This Agreement takes effect the moment you first access the Website and continues until the earlier of the following: (i) Auctioncounty terminates your access to the Website, or (ii) you stop using the Website and terminate your account. Auctioncounty reserves the right to terminate the Website or your access at any time, at its sole discretion, without prior notice. p. Disclaimer of Warranties and Limitation of Liability You acknowledge that the Website is provided "as-is" without any warranties, express or implied. This includes, but is not limited to, warranties of title, merchantability, accuracy, fitness for a particular purpose, security, and non-infringement. To the fullest extent permitted by law, you agree that Auctioncounty will not be held responsible or liable for any claims, damages, or fees arising from your use of or access to the Website, or from transactions conducted through the Website. This includes, but is not limited to, compensatory, consequential, special, incidental, punitive, exemplary damages, legal fees, and damages resulting from errors, omissions, or the unavailability or downtime of the Website. You use the Website at your own risk, and Auctioncounty's liability is limited to the amount you paid to Auctioncounty or $1,000, whichever is lower. Auctioncounty disclaims any liability for damages, injuries, or expenses resulting from your use or misuse of items purchased through the Website. Items purchased through the Website come without warranties from Auctioncounty, including warranties of merchantability, fitness for a particular purpose, title, accuracy, non-infringement, or quality. If you are in a jurisdiction that does not allow the exclusion of implied warranties, you should seek legal advice to understand how this applies to you. Auctioncounty will not be liable under any legal theory—whether warranty, contract, strict liability, tort, personal injury, or negligence—for any damages or liabilities arising from your use or misuse of items purchased through the Website. This includes personal injury, property damage, death, loss of business, income loss, and other damages, whether foreseeable or not. You acknowledge that your use of items purchased through the Website is at your own risk, and Auctioncounty's liability is limited to the amount you paid to Auctioncounty or $1,000, whichever is lower. q. Indemnification You agree to indemnify, defend, and hold harmless Auctioncounty, along with its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives, from any and all losses, costs, and legal fees, arising from or related to: (i) your use of the Website; (ii) your purchase of any item through the Website; (iii) your User-Generated Content, including the accuracy, completeness, and truthfulness of your listings; (iv) your violation of any term or condition of this Agreement; (v) your infringement on the rights of third parties, such as intellectual property rights or personal/proprietary rights; and (vi) your violation of any law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international. Your responsibility to defend Auctioncounty does not give you the right to control its defense. Auctioncounty reserves the right to manage its own defense, including the selection of counsel and the decision to litigate or settle any claims subject to indemnification. r. Choice of Law and Stipulation to Jurisdiction You and Auctioncounty agree that any disputes arising from or related to this Agreement or your use of the Website, including but not limited to any purchases made through the Website, will be governed by the laws of the State of Pennsylvania, without regard to conflict of law principles. The United Nations Convention on the International Sale of Goods will not apply to this Agreement. Except for claims for injunctive relief by either party, you and Auctioncounty agree that any dispute or controversy relating to this Agreement or your use of the Website—including any disputes regarding the existence, interpretation, breach, or termination of this Agreement—will be resolved through final and binding arbitration under the Federal Arbitration Act. The arbitration will take place in Philadelphia, Pennsylvania, or, at the option of the party seeking relief, by telephone, online, or through written submissions only. The arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, with a single arbitrator appointed in line with those rules. The arbitrator will be independent and impartial. If the parties fail to select an arbitrator within 20 days of starting the arbitration, the AAA will appoint one. The arbitration will be conducted in English, and the arbitrator's decision will be final and binding on both parties. The judgment on the arbitrator's award can be entered in any court with proper jurisdiction. This section does not prevent either party from seeking immediate injunctive relief in a court of competent jurisdiction, and doing so does not waive the right to arbitrate or conflict with the agreement to arbitrate. Both parties agree to keep confidential all arbitration awards, along with any confidential information, arbitration-related materials, or documents shared during the arbitration proceedings, unless disclosure is required by law, needed to protect a legal right, or to enforce or challenge the arbitration award. The arbitrator will award reasonable attorney's fees and expenses to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court with jurisdiction. Any dispute resolution related to this Agreement or the use or purchase of items through the Website, whether in arbitration or otherwise, must be conducted solely on an individual basis. Class actions, consolidated actions, and representative actions are expressly prohibited and will not apply to any arbitration under these terms. Any claims must be brought within one year of the applicable invoice, or they will be barred. s. Force Majeure Auctioncounty will not be held liable for any delay or failure in the performance of the Website or its related services due to causes beyond its control, including but not limited to acts of God, war, riots, fires, terrorist attacks, pandemics, power outages, severe weather, or other unforeseen events. t. Survivability Any representations, warranties, obligations, or covenants you make under this Agreement will remain in effect even after the termination of this Agreement, your User Account, or the Website. This includes, but is not limited to, your obligation to indemnify and defend Auctioncounty. u. Interpretation This Agreement will be considered as having been drafted jointly by both parties. Therefore, its terms and conditions will not be interpreted against the party who drafted it. v. Assignment You are expressly prohibited from assigning any of your rights or obligations under this Agreement. Auctioncounty, however, reserves the right to assign its rights and obligations under this Agreement, including in the event of a sale of Auctioncounty or its Website. w. Waiver and Integration No part of this Agreement or any breach thereof will be considered waived unless the waiver is in writing and signed by the party waiving the term or condition. This Agreement represents the entire understanding between the parties and supersedes any prior agreements or representations. .