Company does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register. If you are under 18, please do not attempt to register for Company or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 may provide any personal information to or on Company. In the event that we learn that we have collected personal information from a child under age 18, we will delete that information as quickly as possible.
You represent and warrant to Company that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract, and you are at least 18 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use the Services and access the Website and take full responsibility for the selection and use of the Services and access of the Website. This Agreement is void where prohibited by law, and the right to access the Website is revoked in such jurisdictions.
The Website and Services are offered by Company from its facilities in the United States of America. Although the Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on Company is void where prohibited. If you choose to access the Website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
3. REGISTRATION. In order to access the Auctions (the "Auctions") and certain other features of the Website, may be required to register with Company and select a password and username ("User ID"). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization. Company reserves the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password. You may never use another's User ID or account. You must notify Company immediately of any breach of security or unauthorized use of your account. Although Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Company or others relating to any such unauthorized use. Only one account per person is allowed, unless otherwise expressly approved by Company. Only individuals may open an account, not entities, companies, trusts, co-ops, etc.
4. ELIGIBILITY. By placing a bid on the Website, you declare that you are legally capable of entering into binding contracts and are at least 18 years old. Employees and immediate family members of employees of Company are not eligible to participate in Auctions under any circumstances. Products and Services are offered exclusively to private Users and not to commercial or partial-commercial resellers. Company reserves the right to exclude commercial resellers from the participation in the Auctions and to close their User accounts at any time.
5. BIDS AND BIDPACKS. Each bid placed by a User with an authorized and active Account in connection with an Auction ("Bids"), must be purchased and paid for by Users prior to initiating such Bid. Bids are purchased only in packs comprised of a minimum quantity ("Packs") at the currently applicable price(s). Payment for Packs shall be made by credit/debit card or such other payment options, which are identified on the Website. Neither Bids nor Packs are transferable.
If any payment by a User for Packs or products is returned or dishonored, the User may be charged a fee equal to $20.00, which is a fair approximation of Company’s costs and expenses of such return. Without limitation to any other rights or remedies, Company reserves the right to disable such User's Account until all obligations are paid in full.
Free and promotional Bids are valid until the earlier of (i) one year after credited to an Account, (ii) the termination of your Account, either by us or by you, and/or (iii) the period allocable to such free or promotional Bid. Purchased Packs and Bids are valid for the duration of your Account. When a Bid is placed in an Auction, the Bid is deducted from the User's Account and can no longer be used. Each Bid placed constitutes an irrevocable offer by such User to purchase the product under the terms and conditions for such Auction. Upon completion of the Auction, Company will accept the winning Bid, whereupon, an agreement for purchase of such product shall be made and be binding upon such User and Company, under the terms and conditions of such Auction.
6. STANDARD AUCTIONS.
We currently do not run standard auctions.
7. RESERVE AUCTIONS. Items in the Reserve Auctions have a reserve price. This price is randomly generated, and is hidden from view. The Auction description will designate a range in which the reserve price is contained. Unless otherwise set forth in such Auction, each Bid increases the current high bid for the Auction by an amount equal to one cent ($.01), which is in addition to an increase in the purchase price by the amount reflected in the Auction. The Auction ends when a User places a Bid that matches the hidden reserve price. The User with the Bid that matches the hidden reserve wins the Auction, at the applicable purchase price. All other Bids placed on the item expire and will not be credited back to any Account nor be eligible for use. The winning bidder is determined based upon our records and will be made in our sole discretion.
Reserve Auctions have a feature known as “Bid Blitz.” This feature allows a User to place multiple bids, one after another. When a user presses the “Bid Blitz” button, all other users are temporarily locked out from bidding on that specific item. The item price will increase one cent ($.01) at a time, until the reserve is met, or the Bids in the User’s account are completely depleted. If the User runs out of bids, the Auction is then reopened to bidding for all Users.
8. COMPLETING PURCHASE OF ITEM(S). The winning bidder of each Auction must go to the “Won Auctions” section to acknowledge all of the applicable Auction and purchase information, including purchase price, shipping costs, payment options, and shipping instructions. The User must select a payment option and pay the purchase price, plus shipping costs, plus applicable taxes. If an Auction win has not been acknowledged and paid within seven (7) days of the Auction end-date, Company reserves the right to reject the offer to purchase the product. Upon payment of the applicable purchase price, the shipping costs, and taxes, Company, shall initiate the shipment of the product to the address information supplied by the winning bidder.
9. TECHNICAL PROBLEMS. A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such instance, Auctions will be temporarily halted and the remaining times for the Auctions, the current bidding price and the current highest bidder will be maintained. After the disruption has been resolved, the Auctions will be continued and 10 minutes will be added to the remaining times for the Auctions. Temporarily halted Auctions are clearly indicated. Bids placed on a temporarily halted Auction shall not be credited back on a user's account and are not eligible for a refund for bids used or other costs incurred.
10. RETURNS AND CANCELATIONS. Except for certain items, including but not limited to audio or video recordings, computer software, products purchased from Company may be returned within seven (7) days of shipping, in original condition with all original packaging and material. The "RETURNS AND REFUNDS" section, located in the FAQ section of the Website will have more details.
Company grants winning bidders the right to cancel an order. This right is unconditional and begins from the moment the Auction is concluded. If Users wish to cancel the contract to purchase the item, they are entitled to do so. The right to cancel ends immediately when payment is made for the item(s). Bids placed on the Auction(s) are NOT eligible for a refund.
11. DELIVERY. Unless otherwise stated, delivery will be made directly from our suppliers or from our warehouse to the address provided by the User. Deliveries are made solely within the 50 states of the United States (explicitly excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands). Some restrictions or higher shipping costs may apply if the delivery address is in Alaska or Hawaii, please check notifications on the detail pages of the Auctions in advance. Delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. Company shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport is to be reported to Company upon taking delivery. Should Company not be able to deliver the item ordered, Company shall be entitled to substitute the item with a comparable replacement product with the same or better features, or provide a refund of the Auction end price to the User based upon the User’s preference.
12. RESTRICTIONS. You are responsible for all of your activity in connection with the Services and accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to Services or to access the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Company User. Use of the Website or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Website, or any processes that run or are activated while the you are not logged on or that otherwise interfere with the proper working of or place an unreasonable load on the Service infrastructure. Further, the use of manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website is strictly prohibited. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Website servers in a given period of time quicker than a human could reasonably produce in the same period by using a convention on-line web browser.
You will be responsible for withholding, filing, and reporting all taxes duties and other governmental assessments associated with your activity on the Website.
13. NON COMMERCIAL USE BY USERS. The Services are for your personal use and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Users by electronic or other means or unauthorized framing of or linking to the Services are prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of Account privileges, which is without limitation to any other legal action that may be taken by Company.
14. WARRANTY DISCLAIMER. Company has no special relationship with or fiduciary duty to you. Company is not responsible for any incorrect or inaccurate content posted on the Website or in connection with any of the Services provided, whether caused by Users or by any of the equipment or programming associated with or utilized in any of the Services. Company is not responsible for the conduct, whether online or offline, of any User. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any of the Services or products. Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any of the Services or combination thereof, including any injury or damage to Users and/or Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Services or products. Under no circumstances shall Company be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Services or from any content posted on the Website or transmitted to Users, or any interactions between Users, whether online or offline. THE SERVICES, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
All new products are sold with the manufacturer's limited warranty only. Company warrants solely that the products sold to User under these terms shall have the characteristics specified in Company’s specifications for such products as set forth in the description of each Auction and assumes no further warranties. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request mailed to Company. Warranty is excluded for the delivery of any used products.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE COMPANY MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY COMPANY OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WHICH OTHER WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED. COMPANY SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, MISUSE OF THE PRODUCTS BY YOU OR ANY OTHER PERSON FOLLOWING DELIVERY BY COMPANY.
16. INDEMNITY. You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, members, and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your access to the Website, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity.
17. LIMITATION OF LIABILITY. IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY; FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
By using the Website, you expressly relieve Company from any and all liability arising from your use of any third party website. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between Users and any third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other Users, you hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
20. COPYRIGHT DISPUTE POLICY. Company has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Company’s Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this Section. It is Company’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or Users; and (2) remove and discontinue service to repeat offenders.
- Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through Company website or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
- Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is Company’s policy:
- to remove or disable access to the infringing material;
- to notify the content provider, member or User that it has removed or disabled access to the material; and
- that repeat offenders will have the infringing material removed from the system and that Company will terminate such content provider’s, member’s or User’s access to the service.
- Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or User believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or User believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or User must send a counter-notice containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of the content provider, member or User;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement that the content provider, member or User has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
4. Content provider’s, member’s or User’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or User’s address is located, or if the content provider’s, member’s or User’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or User, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.
Please contact Company’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
Innovative Auctions, LLC
16770 Deveronne Circle
Chesterfield, MO 63005
Any agreement, assistance or understanding by bidders to cooperate in a manner designed to aid in the winning of an auction to the detriment of another bidder is prohibited. Any bidding by related members due to friendship, family, or affiliate or referral status means that those members are precluded from bidding on the same auction. Any bidding pattern between members that can be interpreted as collusive, piling on, or cooperative in design is prohibited. Bids placed by members deemed to be acting in collusion will be forfeited along with the item. Furthermore, such actions are grounds for loss of membership and a ban from participating in the auctions.