Last updated: June 21, 2018
The following describes the terms on which 32auctions, LLC ("32auctions, LLC", "32auctions", "we", "us", "our") offers you access to our services.
By using the services on 32auctions, you are agreeing to the following terms and conditions, with 32auctions, LLC.
This Agreement is effective upon acceptance for new users.
It is our desire to work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us at firstname.lastname@example.org.
We will work to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been violated, please notify us at email@example.com and we will investigate.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We reserve the right to cancel unconfirmed accounts that have been inactive for in excess of 2 weeks. We also reserve the right to cancel any accounts that have been inactive for in excess of 6 months.
While using 32auctions, you will not:
- use our sites or services if you are not able to form legally binding contracts, are under the age of 18, are suffering from any permanent or temporary incapacity, or are temporarily or indefinitely suspended from our site;
- post content or items in an inappropriate category or areas on our site(s) and services;
- violate any laws, third party rights, or our policies;
- post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- intentionally use, attempt to use, or possess with intent to use any identifying information or identification document of an entity without the authorization or consent of the entity and by representing that the person is the entity or is acting with the authorization or consent of the entity;
- transfer or sell your account to another party without our consent;
- fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
- fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
- manipulate the price of any item or interfere with other user's listings;
- circumvent or manipulate our fee structure, the payment process, or fees owed;
- distribute or post spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm this site, or the interests or property of our users;
- copy, modify, or distribute content from our sites and violate our copyrights and/or trademarks; or
- harvest or otherwise collect information about users, including email addresses, without their consent.
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the sites without the prior expressed written permission of 32auctions, LLC and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the sites or any activities conducted on the sites; or
- bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.
Registration, Password, Security and Use
To access certain areas of the website, you must complete the registration process by providing us with true, accurate, current and complete information about yourself as prompted by the account creation form. You should then choose a password. You are then entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to:
- notify us immediately of any unauthorized use of your account or any other breach of security; and
- exit from your account at the end of each session.
We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section (Registration, Password, Security and Use). If you provide any information that is untrue, inaccurate, not current or complete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, we have the right to suspend or terminate your access to those parts of the website requiring registration.
Fees and Services
Joining 32auctions and bidding on listed items is free. Please see our Pricing page, which references and describes payments and transaction fees. Our pricing may change from time to time. Changes to that Policy are effective after we post the changes on our site. We may choose to temporarily change the fees for our services or for new services, and such changes are effective when we post the new service on our site.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. Payments rendered for feature upgrades are non-refundable.
Payment Processing Information
All payments and donations with 32auctions are processed by Stripe and PayPal.
When transacting through Stripe it is necessary that 32auctions users be subject to the applicable Stripe Terms of Service. 32auctions, LLC is not affiliated with Stripe, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other.
When transacting through PayPal it is necessary that 32auctions users be subject to the applicable PayPal Legal Agreements. 32auctions, LLC is not affiliated with PayPal, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other.
By using 32auctions, all users agree to Stripe and PayPal withholding 32auctions, LLC's transaction fee and making these transaction fees available to 32auctions, LLC. Please see our Pricing page, which references and describes payments, donations, and transaction fees.
Organizations and administrators accept the responsibility to provide refunds to users at their own discretion. 32auctions, LLC will not be held liable for refunds or lack thereof.
As 32auctions is a payment facilitator via Stripe and PayPal, users must request any and all refunds directly from the organization.
For organizations to receive a reimbursement of the 32auctions transaction fee, the administrator must process the refunded payment or contribution to a user through the payment processor who processed the original payment or contribution (Stripe or PayPal) while the payment account is linked to the auction and request a refund from 32auctions, LLC using the Contact Us form within seven (7) days from the date of processing the payment or donation that is being refunded.
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
Third Party Content, Sites, and Services
The 32auctions site and content available through our sites and services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of 32auctions, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through our sites and services, 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 32auctions, LLC 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 32auctions, LLC is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release 32auctions, LLC, 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 sites and services. 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."
Liability & Indemnity
You will not hold 32auctions, LLC liable and agree to hold 32auctions, LLC harmless for other users' content, actions or inactions, or items they list. You acknowledge that we are not a traditional auctioneer. Instead, the sites are a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats including, but not limited to auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety, or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of the Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with Uniform Commercial Code § 2-401(2).
We try to keep our services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our services. Bid update and other notification functionality may not occur in real time. Such functionality is subject to delays beyond 32auctions, LLC's control.
You agree that you are making use of our services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms, and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
You will indemnify and hold us (including, but not limited to our officers, directors, agents, subsidiaries, joint ventures, and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party and you agree not to hold us responsible for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
- the content you provide (directly or indirectly) using the services; your use of or your inability to use our services;
- pricing, shipping, format, or other guidance provided by 32auctions;
- delays or disruptions in our services;
- viruses or other malicious software obtained by accessing or linking to our services;
- glitches, bugs, errors, or inaccuracies of any kind in our services;
- damage to your hardware device from the use of our services;
- the content, actions, or inactions of third parties, including items listed using our services or the destruction of allegedly fake items;
- a suspension or other action taken with respect to your account or breach of the Use section above; or
Some jurisdictions do not allow the disclaimer of warranties, or exclusion of damages, so such disclaimers and exclusions may not apply to you.
If you have a dispute with one or more users, you release us (including, but not limited to our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Modifications to Service
32auctions, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, 32auctions (or any part thereof) with or without notice. 32auctions, LLC will not be responsible to you for refund, in whole or part, of fees for any reason. You agree that 32auctions, LLC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of 32auctions.
Except as explicitly stated otherwise, legal notices shall be served on our registered agent or the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Resolution of Disputes
If a dispute arises between you and 32auctions, LLC, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and 32auctions, LLC agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly at firstname.lastname@example.org to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
- Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Wisconsin as they apply to agreements entered into and to be performed entirely within Wisconsin between Wisconsin residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against 32auctions, LLC must be resolved by a court located in Dane County, Wisconsin, except as otherwise agreed by the parties or as described in the Arbitration Clause paragraph below. You agree to submit to the personal jurisdiction of the courts located within Dane County, Wisconsin for the purpose of litigating all such claims or disputes.
- Arbitration Clause - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $5,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online, and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Improperly Filed Claims - All claims you bring against 32auctions, LLC must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, 32auctions, LLC may recover attorneys' fees and related costs, provided that 32auctions, LLC has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
The following policies are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites:
We reserve the right to modify or terminate 32auctions for any reason, without notice at any time.
We reserve the right, in accordance with any applicable laws, to refuse service to anyone for any reason at any time.
We reserve the right to reclaim display names on behalf of businesses or individuals that hold legal claim or trademark on those display names.
Each of these policies may be changed from time to time. Changes take effect when we post them on our site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, such provision(s) shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the above-mentioned Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective when we post them on our site. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services; with respect to fees owed for our services, Release, Liability & Indemnity, and Resolution of Disputes.
You may report complaints to the Wisconsin Department of Agriculture, Trade & Consumer Protection, PO Box 8911, Madison, WI 53708-8911