YOU MUST READ, UNDERSTAND & AGREE TO ALL TERMS AND CONDITIONS BEFORE REGISTERING TO USE THIS WEBSITE. THIS IS A TRADEMARKED WEBSITE FOR PUBLIC USE. BY REGISTERING YOUR USER ACCOUNT, PLACING A BID OR OFFER, OR PLACING AN ORDER FOR A LISTING THROUGH THIS WEBSITE, YOU ARE ACKNOWLEDGING THIS AGREEMENT WITH THE CONDITIONS DESCRIBED BELOW. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE. BY REGISTERING ON THIS WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. THE FOLLOWING DESCRIBES THE TERMS ON WHICH North Bay Online Estate Auctions OFFERS YOU ACCESS TO OUR SERVICES:
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR USE OF OUR WEBSITE OR SERVICES INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SERVICES.
North Bay Online Estate Auctions and Consignment reserves the right to make changes to this Website and these Terms and Conditions at any time without prior notice. This Agreement may not otherwise be amended except in writing and signed by a representative of North Bay Online Estate Auctions.
Eligibility for Use of Our Service.
Our Services are available only to users who can form legally binding contracts (18 YEARS OLD OR OLDER) under the laws of the United States of America and the country, state and/or territory in which such user resides. Without limiting the foregoing, our Services are not available to minors, users whose use of our Services has been temporarily or indefinitely suspended, nationals or residents of any country restricted by the United States Government, or any party identified on the list of Specially Designated Nationals maintained by the United States Treasury Department or the Table of Denial Orders maintained by the United States Department of Commerce, as such restricted countries, lists and orders may be amended or modified from time to time by the United States Government. If you do not qualify, please do not use our Services.
This website, with the domain name of www.northbayauction.com, is owned and operated by North Bay Online Estate Auctions and Consignment. North Bay Online Estate Auctions and Consignment owns or licenses from third parties all information and other content as well as all of the software and technology related to this Website, including, without limitation, all HTML code, Java applets, graphics, icons, wallpaper, characters, artwork, algorithms and text related to or contained in the Website. You may not use the Website, or copy, transmit, publish, modify, distribute, perform, create derivative works from or reverse engineer any of the technology except as expressly permitted by these Terms and Conditions. Sac Valley Auctions may, at any time and at its sole discretion, add, delete or change the Website and any of the services provided by or through the Website without notice. North Bay Online Estate Auctions and Consignment reserves the right to ban or refuse your right to use this Website. Complaints are to be directed to the management of North Bay Online Estate Auctions and Consignment at firstname.lastname@example.org. By signing up as a User, you hereby agree to provide accurate, current, and complete information, and to maintain and promptly update your Registration Data if any changes should occur. You hereby agree to contact North Bay Online Estate Auctions and Consignment immediately of any unauthorized use of your username and password or any other breach of security regarding this Website.
All information, documents, communications, files, text, graphics, software, and all items available through the Website and services, including auction listing services (also known as Online Auctions) are conducted through this Website by North Bay Online Estate Auctions and Consignment and by third party users. North Bay Online Estate Auctions and Consignment cannot and will not be liable for any loss or damage arising from your use of this website, or failure to comply with this section. When North Bay Online Estate Auctions and Consignment notifies any user that their registration has been approved, such user shall become a "Registered User." Only Registered Users are allowed participate in any activity, including online auctions, on this website. North Bay Online Estate Auctions and Consignment reserves the right to disapprove, suspend or terminate your registration for any reason, at its sole discretion, and to prohibit you from participating in any activity or services related to this website.
This Website Is Only a Venue.
North Bay Online Estate Auctions and Consignment is not a party to the transactions relating to third party auction items on this website. North Bay Online Estate Auctions and Consignment, through this website, provides a venue for Sellers to list and sell items, and for Buyers, who are Registered Users, to purchase items. Neither North Bay Online Estate Auctions and Consignment , as the owner and operator of this website, or you as a Registered User of this website, are a representative, broker, employee, agent, partner or joint venturer of the other party. This Agreement does not create a partnership, obligation or liability upon either party. North Bay Online Estate Auctions and Consignment is not party to or involved in the transactions between Buyers and Sellers. This Website is offered only as a venue for Buyers & Sellers. The services provided by this website are not to be confused with the services provided by a traditional auctioneer. Rather this website acts as a venue to allow Users to offer, sell, and buy items listed on the Website.North Bay Online Estate Auctions and Consignment offers no guarantees regarding the quality, safety or legality of the items advertised. The Buyer of each item assumes all risks associated with that item.
Release of Liability.
North Bay Online Estate Auctions and Consignment is not a third party to any transaction between buyers and sellers. In the event that there is a dispute, you hereby agree to release North Bay Online Estate Auctions and Consignment (and its officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every type and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which states: “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.”
North Bay Online Estate Auctions and Consignment does not control the information provided by other users which is made available through our system. North Bay Online Estate Auctions and Consignment hereby agrees to never share or sell Registered User Information with Third Parties.
By placing a bid you are entering into a legally binding contract to purchase the item. You should not bid unless you are prepared to and fully intend to pay for the item, including the related Buyer’s Premium, and applicable Sales Tax. If you are the winning bidder at the end of an auction (meeting applicable minimum bid or reserve requirements), you are obligated to complete the transaction unless the transaction is prohibited by law or by these Terms and Conditions. By bidding on an item you agree to be bound by the conditions of sale included in the item’s description so long as those conditions of sale are not unlawful, or in violation of these Terms and Conditions. Bids are not retractable except in exceptional circumstances such as when the item’s description has materially changed after your bid, a clear typographical error is made, or additional information about the item is disclosed. There are no bid retractions allowed or provided for. If you have entered a grossly inappropriate bid please contact North Bay Online Estate Auctions and Consignment.
North Bay Online Estate Auctions and Consignment may suspend or terminate your account at any time and without notice to you if it suspects that you have engaged in fraudulent activity in connection with the Website.
Manipulation. Bidders or Buyers may not manipulate or attempt to manipulate the price of any item, or interfere with other listings or auctions. Such prohibited manipulation includes, without limitation, shill bidding, sending emails or other messages to bidders in a currently open auction, bid siphoning, or use of any alias or a third party to place bids on an item.
User Information is defined as any information you provide to North Bay Online Estate Auctions and Consignment in the registration, bidding or listing process, in any public message area, or through any email feature. You are solely responsible for your Information. North Bay Online Estate Auctions and Consignment , however, may take any action with respect to User Information as it deems necessary or appropriate if North Bay Online Estate Auctions and Consignment believes that any part of the User Information may create liability for North Bay Online Estate Auctions and Consignment, may cause North Bay Online Estate Auctions and Consignment to lose (in whole or in part) the services of any of its suppliers, or may create an unfair advantage or disadvantage to any other user. Information provided by the User (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for North Bay Online Estate Auctions and Consignment or cause North Bay Online Estate Auctions and Consignment to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) shall not link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under these Terms and Conditions; (bb) are identical to other items you have up for auction but are priced lower than your item’s reserve or minimum bid amount; (cc) are concurrently listed for sale on a Website other than www.northbayauction.com; or (dd) you do not have a right to link to or include. Furthermore, you may not list any item on our Website (or consummate any transaction that was initiated using our Services) that, by paying to North Bay Online Estate Auctions and Consignment the listing fee or the final value fee, could cause North Bay Online Estate Auctions and Consignment to violate any applicable law, statute, ordinance or regulation, or that violates any applicable United States laws or the laws of the country, state or territory in which either you or your trading partner reside or to which the item being sold is to be shipped.
Subject to the Privacy and other provisions of this agreement, you hereby grant and agree to grant to North Bay Online Estate Auctions and Consignment a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use, publish, copy and distribute information for any purpose related to the Website, the listing of items on the Website, the sale or purchase of items listed on the Website and the marketing and/or promotion of the Website or other products or services of North Bay Online Estate Auctions and Consignment.
North Bay Online Estate Auctions and Consignment may, without limiting remedies, and immediately without notice, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our Services to you: (a) if you breach these Terms and Conditions or the documents it incorporates by reference; (b) if North Bay Online Estate Auctions and Consignment is unable to verify or authenticate any information you provide ; or (c) if North Bay Online Estate Auctions and Consignment believes that your actions may cause legal liability for you, our users or North Bay Online Estate Auctions and Consignment . North Bay Online Estate Auctions and Consignment shall not be obligated to escalate its remedies under this provision and may immediately and without notice terminate your use of the Website.
Access and Interference.
The Website contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, copy, or crawl our web pages or the content contained herein without the prior express, written permission of North Bay Online Estate Auctions and Consignment . You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Website or any auction being conducted on the Website. You also agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Website is updated on a real time basis and is proprietary or is licensed to North Bay Online Estate Auctions and Consignment by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our Website without the prior express, written permission of North Bay Online Estate Auctions and Consignment or the appropriate third party.
If any downloaded content (the “Downloaded Content”) is provided to you by this Website (including but not limited to Java applets, Active-X controls, etc.), you may use such Downloaded Content only as part of your use of the Website in compliance with these Terms and Conditions. You may not copy, reproduce, publish, distribute, display, or otherwise transfer, or modify, adapt, perform, license, sell, or create derivative works from, or decompile, disassemble, or otherwise reverse engineer, any Downloaded Content without the prior express written consent of North Bay Online Estate Auctions and Consignment .
North Bay Online Estate Auctions and Consignment enjoys hearing from users of the Website and welcomes any feedback and/or input that users may have. Nevertheless, North Bay Online Estate Auctions and Consignment requires that users not send any comments unless the user agrees that North Bay Online Estate Auctions and Consignment will be licensed to use the comments in any way or manner that it chooses. Specifically, with respect to any design, idea, concept, suggestion, or other information users communicate to North Bay Online Estate Auctions and Consignment, whether electronically to the Website or otherwise (collectively the “Submissions”), users automatically, and without further action or consideration, hereby grant, and agree to grant, to North Bay Online Estate Auctions and Consignment a royalty-free, perpetual, irrevocable, non-exclusive license to, for any and all purposes, use, reproduce, publish, display, distribute, transfer, modify, license, sell, and create derivative works from such Submissions (or any part of such Submissions), in whole or in part and in any form, medium, or technology existing now or in the future.
Copyright And Trademark Notices.
North Bay Online Estate Auctions and Consignment, and/or the licensors of North Bay Online Estate Auctions and Consignment own the copyrights to all aspects of the Website. North Bay Online Estate Auctions and Consignment and all other names and designations used by North Bay Online Estate Auctions and Consignment on or for any of its products or services referenced on the Website (collectively all the “North Bay Online Estate Auctions and Consignment Trademarks”) are service marks or trademarks (or registered service marks or trademarks) of North Bay Online Estate Auctions and Consignment. Third Party company names and other product or service names or designations referenced on the Website may be the service marks or trademarks (or registered service marks or trademarks) of their respective owners. All rights in the Website, the Technology, the Downloaded Technology and the North Bay Online Estate Auctions and Consignment trademarks are reserved by North Bay Online Estate Auctions and Consignment. You may not use the North Bay Online Estate Auctions and Consignment trademarks for any purpose whatsoever without the prior express written consent of North Bay Online Estate Auctions and Consignment.
No Warranties Express or Implied. Everything is sold ‘As Is Where Is.’
North Bay Online Estate Auctions and Consignment provides the website and services. Everything sold on this website is sold ‘As Is Where Is.’ There are no guarantees or warranties, either express or implied with regard to any item sold. This includes but is not limited to any warranty concerning the items condition, purpose, suitability to any task, age, provenance, or title.
Disclaimer of Liability.
In no event will North Bay Online Estate Auctions and Consignment be liable under any theory of contract, negligence, strict liability, tort, or other legal or equitable theory for any injury, loss, or damage of any kind arising in connection with or use of our services and the website, even if North Bay Online Estate Auctions and Consignment has been advised of the possibility of such injury, loss, or damage. Without limiting the foregoing, you hereby agree that North Bay Online Estate Auctions and Consignment, its owners, directors, officers, employees, and other agents and representatives shall not be liable for any damages arising from or related to 1) The Denial of or interruption of access to this website. 2) Any inaccuracies in any of the information displayed on or provided through or with this website. 3) The Purchase or use of any product or service listed on the website including any defect in any such product or service. 4) Your use of or inability to use the website. You hereby agree that this limitation of liability is comprehensive and applies to all damages of any kind, including but not limited to all direct, indirect, compensatory, special, punitive, and consequential damages.
Choice of Law.
The laws of the State of California, United States of America, without regard to its choice-of-law rules, will govern the instruction, interpretation, and enforcement of these Terms and Conditions.
Any legal controversy or legal claim arising out of or relating to these Terms and Conditions or our Services, excluding legal action initiated by North Bay Online Estate Auctions and Consignment to collect our fees and/or recover damages, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in appropriate counties in California or other appropriate state, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or North Bay Online Estate Auctions and Consignment may seek any interim or preliminary relief from a court of competent jurisdiction in appropriate jurisdiction, if necessary to protect the rights or property of you or North Bay Online Estate Auctions and Consignment, pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorneys’ fees and costs..
Fees and Services
North Bay Online Estate Auctions and Consignment does not charge a user for registration on the Website or for bidding on items listed on the Website. North Bay Online Estate Auctions and Consignment does charge a fee for the listing of items for sale on the Website. There is a 10% Buyer`s Premium in effect on all auctions. For current Fees for listing items for sale on the Website are available by contacting Management department. When placing an order to list an item you have an opportunity to review and accept the fees that you will be charged for the use of our Services. North Bay Online Estate Auctions and Consignment may in its sole discretion change some or all of our Services at any time. In the event North Bay Online Estate Auctions and Consignment introduces a new service, the fees for that service are effective at the launch of the service. You are responsible for paying all applicable taxes related to or arising from the purchase or sale of items listed on the Website and for all other costs incurred by you to bid, buy, procure a listing from the Website or access the Website’s servers. Your use of the Website and Services evidence your acceptance of the fees and your commitment to payment of all applicable fees..
Indemnity. You agree to indemnify and hold North Bay Online Estate Auctions and Consignment and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. .
Legal Compliance.You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Services and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. .
No Agency You and North Bay Online Estate Auctions and Consignment are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. .
General North Bay Online Estate Auctions and Consignment does not guarantee continuous, uninterrupted or secure access to our services, and operation of the Website may be interfered with by numerous factors outside of our control. If any provision of these Terms and Conditions are held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Copyright 2014 All Rights Reserved. Use of this Website constitutes acceptance of the User Agreement
WHAT IF I CAN'T REMEMBER MY USER NAME OR PASSWORD? All you need to do is submit a support request with the e-mail address you used to sign up for your account. We will ask for your security answer, which you established when you registered. Once we have you verified, we will send your login information to your current e-mail address.
HOW CAN I KEEP TRACK OF MY BIDS, AUCTIONS, AND ITEMS I HAVE WON? The “My Account” Tab is designed to help Users track all of their activity. As a Registered User, you can go to this Tab to view any bids you have made, watch auctions, view and pay invoices, send a support request, update account information, and even view a history of everything you have bought or bid on.