Your use of specauctions.com is governed by this user agreement. By accessing and using specauctions.com, you agree that your access to and use of specauctions.com is subject to these terms and conditions.
- specauctions.com: specauctions.com is a venue that offers items for sale by either online auction or fixed price formats and for buyers to purchase these items. The item(s) offered through the auction or fixed price sales listing are provided on the basis of the representations made by the vendor. specauctions.com makes no representations or warranties and there are no conditions of any kind, express or implied, statutory or otherwise, with respect to the goods and services offered through the auction or fixed prices sales process, or with respect to any transactions conducted through the auction or fixed price sales process, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, any implied warranty arising from a course of dealing or usage of trade and any obligation, liability, right, claim or remedy in tort or breach of contract including negligence. Since we are a venue, we do not assume any liability or responsibility for any disputes between vendors and buyers. We also cannot guarantee that a vendor or buyer will consummate any sale and vendors and buyers both agree that this is a risk that they assume. You agree to release specauctions.com and its parent, subsidiaries, related and associated companies and their officers, directors, agents and employees from claims, demands and damages of every kind and nature arising out of or in any way connected with such disputes.
- Member Account, Password and Security: Upon registration, a user will create a user ID and a password. You must be 18 years of age or older to register. Please do not use this site if you are under the age of 18. Each member is entirely responsible for maintaining the confidentiality of his or her user ID and password. Furthermore, members are entirely responsible for any and all activities which occur under his or her user ID and password. A member must immediately notify specauctions.com of any unauthorized use of his or her user ID and password. We will use your name, address and contact information for our internal use and to communicate with you, including via email, in relation to your use of the site, your bids and your account. Your name, address and telephone number will be provided to the supplier of any good or service with respect to which you are the winning bidder or are otherwise a buyer for purposes of confirming your identity and completing your transaction.
Bidding and Buying: If you are the highest bidder in one of the online auctions or a buyer of one of the items available in our fixed price listings, you are obligated to complete the transaction and pay the cost of the item, together with all applicable taxes, shipping fees and any other fees associated with shipping and receiving of the item. You should also know that bidding on an item is an irrevocable offer to buy the item at the price bid and your confirmed bid can only be retracted if you have submitted your formal bid retraction request to our customer service and only under one or more of the following circumstances:
- You made a typographical error when placing a bid amount.
- New item information was added that changed your understanding of the item for which your bid was placed.
- You have placed bids on a similar item.
- You have placed a bid on a Dutch Auction.
- You have changed your mind.
- You state that you cannot pay for the item.
- You submit a bid retraction request less than 24 hours before auction close.
- Bid Extend: The auto bid extend feature on this site works to ensure that bidders will always have a chance to challenge bids placed when an auction is about to close. When indicated on a listing page, if a bid is placed during the last 5 minutes of an auction, the auction will be automatically extended for an additional 5 minutes from the time of the latest bid. The auction will close once all bidding activity has stopped for a period of 5 minutes.
- Accuracy of Vendors' Descriptions: specauctions.com is not responsible for, and expressly denies liability of, any warranty or description stated therein. Statements by vendors are not be construed as co-joined by specauctions.com in any implicit or explicit approval, sponsorship, endorsement or guarantee. The vendors expressly assume all risk and liability arising from the offer for sale, the actual sale and the delivery.
- Member Conduct: Member's right to use the specauctions.com site is personal to member. Member's use of the site is subject to all applicable laws and regulations. Member agrees: (1) not to use the site for illegal purposes; (2) not to interfere or disrupt networks connected to the site; (3) to abide by all rules, guidelines, and terms and conditions as listed; and (4) not to transmit through the site any unlawful, harassing, libelous, threatening, harmful, vulgar, obscene or otherwise objectionable material or communication of any kind or nature.
Termination or Suspension of Membership: specauctions.com reserves the right to issue warnings, temporary or indefinite suspensions or terminations of membership to the specauctions.com site to any user who violates any of the provisions set out in the rules, guidelines, and terms and conditions as listed or for any other reason at our sole discretion. If a member objects to any of these terms and conditions, or any subsequent modifications thereto, or is dissatisfied with the site in any way, such member's only recourse is to immediately discontinue use of the site and to terminate his or her membership. The following are examples of unacceptable member conduct which may result in termination or suspension of membership in specauctions.com's sole discretion:
- Invalid or fraudulent registration information
- Any abuse of specauctions.com feedback/ratings, discussion board and live chat forums
- Fraudulent selling or bidding activity
- Deadbeat selling and bidding activity
- Multiple accounts
- Participation by minors
- Repeated bid retraction requests
- Colluding with others
- Failing to pay after winning an auction or purchasing a fixed price item
- Termination of Auctions and Fixed Price Sales Listings: specauctions.com reserves the right to terminate at any time and without notice any auctions or fixed price sales in the event specauctions.com, in its sole discretion, deems them: (1) to be overtly inflammatory, controversial, or offensive to our members; (2) violate any of the rules, guidelines, and terms and conditions of this site.
- Modifications to Site: specauctions.com reserves the right to modify or discontinue the site with or without notice to its members. specauctions.com shall not be liable to any member, vendor or buyer, in tort or in contract, should specauctions.com exercise its right to modify or discontinue the site.
- Disclaimer of Warranties: YOU EXPRESSLY AGREE THAT USE OF specauctions.com IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS' AND "AS AVAILABLE" BASIS. specauctions.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. specauctions.com MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. specauctions.com MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. specauctions.com MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM specauctions.com OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- Limitation of Liability: NEITHER specauctions.com NOR MEDIA MONETIZED INC., THE COMPANY WHICH DESIGNED THE SITE BASED ON MEDIA MONETIZED INC.'S PROPRIETARY SOFTWARE AND TECHNOLOGY, SHALL IN ANY WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THIS SITE OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF specauctions.com OR MEDIA MONETIZED INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.