These are the Terms and Conditions for this online auction website. Outlined is the relationship between you (User) and E-SELL.COM, LLC (Service). Throughout these Terms and Conditions, the terms “service,” “we,” “us,” and “our” will refer to the Service, and the terms “you” and “your” will refer to the User. If you want to participate on this online auction website, you will first have to read these Terms and Conditions. By registering on this site, you agree that you have read these Terms and Conditions, and understand the terms are binding on both you and on the Service. All parties will be expected to abide by the Terms and Conditions, if any issues arise in connection with this website. We reserve the right to modify these Terms and Conditions at any time.
Nature of Service:
Through this website, We provide a real-time online auction service to enable registered sellers to obtain competitive bids for a range of products/services from a number of registered prospective buyers. Registered sellers of the auction tool will be charged as per their contractual arrangement with Us. We are not Auctioneers. THERE ARE NO FEES OF ANY KIND UNTIL 1/1/2018. Seller fees are a tiered percentage of the final sale price as follows:
$0.01 - $10.00 = 2.5%
$10.01 - $100.00 = 2%
$100.01 - $1,000.00 = 1.5%
$1,000.01 - $10,000.00 = 1%
$10,000.01 - $100,000.00 = .5%
$100,000.01 - $500,000.00 = .25%
over $500,000.00 = .15%
In addition, special listing features are available:
Bold Listing = $.25
Sale Banner = $.50
Highlighted Listing = $.75
Featured Listing = $1.00
1. Registration:
To gain access to this online auction website, you will need to register and create a user name and password. You may not create multiple accounts on our site. You must be eighteen years old or older to register. You agree and are solely responsible to provide accurate information that will be used to identify you to this system, to deliver notices to you and to allow us to contact you. If your information changes, then you are responsible to update it on the site. We will not be responsible for lost, delayed or misdirected notices in the event you do not update your information in a timely manner. Your personally identifying information will be protected as per our Privacy Policy, which is incorporated, by reference, into this Agreement. We may refuse services to anyone at anytime at our sole discretion. You will be suspended or permanently banned from our site if you provide false information when registering, such as a false name or fraudulent contact information. Registration shall be deemed conclusive proof that the you are familiar with the Terms and Conditions of Use, and that you agree to be bound by them.
2. Eligibility:
Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you are a minor, you can use this service only in conjunction with your parent or legal guardians. If you do not qualify, please do not use our services. Further, your account and user ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this agreement.
3. Technical:
Every transmission over the Internet travels a different route and can be delayed by a variety of factors, including the bidders own computer. The time lapse between submission of a bid and its registration can vary by several seconds. Bids are queued by our host computer in the order received. Bid positions are awarded on a first come first served basis. Bids are time stamped by the host computer with the time received. To be accepted, bids must be received by the host computer prior to closing. In the event of malfunction by our host computer the auction process will be stopped. If the malfunction has not affected the sale of livestock or merchandise sold prior to the malfunction the items will be considered sold. Auction of remaining lots will be completed upon correction of the malfunction. Bidding will be open, with no bid positions awarded upon resumption of the auction. User agrees to not use any device, software or routine to interfere or attempt to interfere with the proper working of or any transaction being conducted on and during the auction sale. User acknowledges that this auction is conducted electronically, and User and Service rely on hardware and software that may malfunction without warning. Any malfunction by the buyer’s computer or Internet service provider is not the responsibility of E-SELL.COM, LLC.
4. Implied Warranty/Disclaimer:
Information that is used or shared by this site, is provided by the registered members, and is believed to be honest and correct. We, our owners, agents or etc. are not responsible for any misleading information that is mistakingly or intentionally listed. We are not responsible for any failures or lack of expectations on products marketed at this site. We do not have control over the items that are posted on the auction site, and cannot guarantee the authenticity and quality of said property. We are not responsible for the actions the owner/sellers and buyers take before, during, and after the auction, typographical errors, misprints, loss of merchandise/money, damage or failure of equipment, due to your visit to this auction site. Use of this site is at your own risk, and content is presented “As Is”. All items are sold “As Is”. There are no exchanges or refunds unless specifically offered by the Owner/Seller within the listing. Absolutely no warranty is expressed or implied, in any manner, by us. By registering, User agrees to hold harmless, and absolve E-SELL.COM, LLC., of any liability.
5: Bidding/Buying:
Bidding is done in increments and will vary by item according to the current price. You are encouraged to bid the maximum amount you are willing to pay for the item (Proxy Bidding). Be aware that you may be outbid minutes before the close of an auction and may not have the opportunity to enter another bid. You will not automatically receive notification if another bidder outbids your maximum bid via email. You will need to monitor the auction activity to stay informed. You will be permanently banned from our site if you are the successful bidder, and do not honor your auction bid. Our service is strictly used to connect buyers and sellers; any use of this private information by anyone else is strictly prohibited and we will take appropriate legal action.
As a Bidder, placing a bid is a binding contract between you and the Owner/Seller, and the bid cannot be retracted unless due to fault by the Owner/Seller of typographical error, or other error, due to human error on the Owner/Seller’s part. Once you place a bid, and if you win, you will be obligated to buy the product at the said price you indicated as your bid. Placing a bid on this auction site, and winning, then not paying for the product is illegal in most states, and prosecution can result. The Owner/Seller of property sold through this web site reserve the right to reject any and all bids if they so choose. When bidding ends, all sales shall be considered final.
As a Bidder you are responsible for any bids placed by you or a designated representative under your bidding number and password. The security of your Bidder information is your sole responsibility as you, the Bidder, will be responsible for any and all bids placed under your number. If at any time you feel that your username and password have been compromised in any manner, you must notify us immediately.
6: Owner/Seller:
Specific terms, conditions, and fees associated with each auction or specific lot in an auction provide additional information to the buyer in addition to the terms in this user agreement.
7: Disputes:
8: Restrictions Governing the Use of the Service:
As a condition of your use of the Service, you shall not:
upload, post, email, transmit or otherwise make available any Content that:
(a) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or otherwise objectionable;
(b) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement);
(c) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
(d) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; or
(e) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware;
in addition, you shall not:
(f) impersonate any person or entity, including, but not limited to, our personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;
(g) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(h) use the Service in any way that violates any local, state, provincial, federal, national or international law or regulation or that is prohibited by the Terms of Use;
(i) use Service in any manner that could damage, disable, overburden, or impair the Service;
(j) use any device, software, routine or other means to interfere or attempt to interfere with the proper working of the Service, the e-sell.com web site or any E-SELL auction;
(k) take any action that imposes an unreasonable or disproportionately large load on the Service or our infrastructure;
(l) interfere with or disrupt any computer networks involved in the provision of the Service or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(m) interfere with any other party's use of the Service or the e-sell.com web site;
(n) use the Service in such a way as to gain unauthorized access to the computer systems of others;
(o) sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the Service, including, but not limited to, your user account and password; or
(p) use spiders, crawlers, robots or any other similar means to access the Service or substantially download, reproduce or archive any portion of the Service, or otherwise engage in any data-mining activities using the Service or in any commercial use of the information obtained through the Service.