Terms and Conditions
Welcome to TUCSONLIVEAUCTION.COM™, your complete e-commerce website for online auctions. TucsonLiveAuction.com is a trade name of TOLZ, L.L.C., an Arizona limited liability company (referred to in these Terms as “TucsonLiveAuction.com”, “we” or “us”).
Please review all of the following terms (the or these “Terms”). They govern your use of our site (our, the or this “Site”) and your sale and purchase of merchandise and services in whole or in part by use of this Site. The Terms include the rules, specifications and guidelines hyperlinked below as if they were written directly into this web page. You may not use our Site or use our services if you are under 18 years of age or are otherwise unable to form binding contracts under applicable law. Your use of this Site constitutes your agreement to be bound by the Terms, and your acknowledgment that there is no other agreement between us relating to the matters addressed by these Terms. We may change the Terms at any time at our sole discretion. Such changes may be made without notice. You agree to regularly review the Terms and any additional terms posted on this Site for changes, and agree that ANY USE OF THE SITE AND ANY LISTING OR PURCHASE MADE BY YOU AFTER THE EFFECTIVE DATE OF A CHANGE CONSTITUTES YOUR ACCEPTANCE OF THE CHANGE. Though it may be possible for persons located outside of the USA to view this Site, this Site is intended for viewing only in the USA.
WE PROVIDE A MARKETPLACE
Our services are limited to providing a marketplace for sellers to sell goods to buyers. We do not have any role in the transactions between third-party buyers (“Buyer” or “Buyers”) and sellers (“Seller” or “Sellers”) that take place using the Site. We are not an agent or partner of any Buyer or Seller, and we have no authority to act for any Buyer or Seller. For this and other reasons, IF A DISPUTE ARISES BETWEEN YOU AND ANY OTHER BUYERS OR SELLERS, YOU RELEASE US (AND OUR AFFILIATES, AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES, AND YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US AND OUR AFFILIATES, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM OR ARISING OUT OF ANY SUCH DISPUTE.
You may only list items and make sales on this Site after you register and your registration is approved by us. Approval is at our sole discretion. You authorize us to conduct such investigations and to make such inquiries as we may choose in order to determine whether or not to grant approval. Any investigation or review that we undertake is undertaken by us for our own purposes and not for the benefit of any other person, including any Seller or Buyer. Any approval of registration does not constitute an endorsement by us of the registrant, or a warranty of any listing or listed item or of any transaction conducted on or through use of the Site. No person may rely upon our approval process or any result of that process for any purpose whatsoever.
Generally, a Seller may list for sale on the Site any item that is not illegal to sell and that is not prohibited by us. Guidance as to what is prohibited by us, and additional provisions of these Terms that relate to the listing of prohibited items, can be found on the Prohibited Items list. The Seller has sole responsibility for the content of its listing. Under no circumstances may a Seller include an item, a link, text or other material that (i) infringes any person’s intellectual property rights (including, but not limited to, rights under copyright, trademark, patent, and trade secrets laws) or other proprietary rights (including, but not limited to, rights of publicity or privacy); (ii) constitutes libel or slander or is otherwise defamatory, or (iii) otherwise violates any applicable law. It is the Seller’s sole responsibility to determine what laws are applicable and to comply with those laws.
A listing constitutes an offer to sell by the Seller. A Seller’s listing must be accurate, complete and not misleading. A Seller shall not list for sale any item that the Seller does not have the full legal right to sell. If a Seller lists goods for sale at a fixed price, the Seller must sell the goods to any Buyer (i) who is not prohibited by law from acquiring the item, (ii) who agrees to pay the listed price, (iii) who accepts all other terms of Seller’s offer, and (iv) whose identity can be confirmed. Despite what it says in the previous sentence, however, a Seller is not obligated to sell a listed item for the listed price if the price was clearly incorrect due to a typographical error. If a Seller lists goods for sale by auction, the Seller must sell the goods to the Buyer who is the highest bidder if (i) the Buyer’s purchase is not prohibited by law, (ii) the bid exceeds the Seller’s pre-established minimum price and, if any, the Seller’s reserve price, (iii) the Buyer accepts all other terms of the Seller’s offer, and (iv) the Buyer’s identity can be confirmed. Items sold by auction are sold without reserve, unless otherwise specified by the Seller in the listing. By posting a listing, a Seller agrees to complete the sale as described in the listing and these Terms.
The Seller shall determine whether sales, use, or similar taxes apply to the Seller’s sales, and shall collect, report, and remit the correct tax to the appropriate tax authority. TucsonLiveAuction.com has no obligations whatsoever with regard to taxes applicable to such sales or any items offered or sold.
If a Seller cannot ship an item promptly after the closing of the sale, or otherwise as specified in the listing, the Seller must provide a full refund no later than thirty days after the closing of the sale to any Buyer who remits payment. A Buyer’s acceptance of the refund will not constitute a waiver of any other claims or rights the Buyer might have against the Seller arising out of or relating to the Seller’s failure to deliver. Payment of a refund is the responsibility of the Seller only, and a Buyer who is owed such a refund shall bring the matter directly to the attention of the Seller. TucsonLiveAuction.com will not have any obligation to pay or cause the Seller to pay any refund.
You must register in order to bid on or purchase items offered for sale on TucsonLiveAuction.com. Once made, a bid or an acceptance of a fixed price offer cannot be retracted. When you place a bid or indicate your acceptance of a fixed price offer, you enter into a contract with the Seller. If you win an auction or accept a fixed price offer, you must pay the Seller for the items purchased if the items are as advertised and the Seller’s identity can be authenticated. You must pay the agreed price, plus all applicable federal, state and local taxes that may apply. If you fail to pay, you will be subject to possible exclusion from TucsonLiveAuction.com, as well as liability to the Seller for damages and to us for breach of these Terms.
In order to maintain the integrity of our marketplace, you may not accept a fixed price offer or bid if you do not satisfy any requirements established in the Seller’s listing or in these Terms. You may not bid if you do not intend in good faith to try to acquire the item by means of your bid. Among other things, this means you may not engage in shill bidding or in bidding for the purpose of disrupting the auction or harming the interests of the Seller.
Sellers pay fees, not Buyers. By listing an item for sale, you agree to pay TucsonLiveAuction.com the fees established by agreement between you and TucsonLiveAuction.com, or, if there is no separate agreement between you and us, according to our Fee Schedule. The Fee Schedule may be changed by us at any time upon five days’ notice, which notice may be given by email to the email address listed in your TucsonLiveAuction.com account and/or by posting the revised Fee Schedule on the Site. You agree to regularly review the Fee Schedule posted on the Site. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. The fees payable upon a sale are those in effect on the date of sale. All fees are payable in U.S. dollars on demand. You will be billed periodically, with payment due within ten (10) days after the invoice date. If you do not pay an obligation owing to us on time, we may, and you authorize us to, at our sole discretion, charge any amounts you owe us then or later to any one or more of the credit cards and other payment mechanisms you provided at the time of registration or that you later substitute or add to your TucsonLiveAuction.com account. We may also collect fees and other amounts owed using other collection mechanisms. You agree that if we choose to retain collection agencies or legal counsel to collect past due accounts, you will pay all related legal and other fees, commissions, and costs incurred.
By accessing the Site, you agree that you will not work alone or with any other person to evade payment of the fees payable under these Terms. A Seller shall not sell a listed item to a person who contacts the Seller through this Site except by the means provided by this Site. A Buyer shall not purchase a listed item from a Seller except by the means provided by this Site.
COMPLIANCE WITH LAWS; FRAUD
You may not use the Site or the Services for unlawful purposes or in an unlawful manner. You must comply with all applicable federal, state and local laws, statutes, rules and regulations. You agree that all information you provide, including all information you provide about you, your listings and your activities relating to the Site and any transactions connected with the Site, will be current, accurate, complete and not misleading. You may not register under a false name or use another person's password. We have the right, but not the obligation, to monitor and review all listings and all activity conducted on or connected with the Site. We have the right to take such actions as we deem appropriate to deal with any activities or situations we know or suspect to be illegal or contrary to these Terms, including to report such activities or situations and all facts and suspicions related thereto to law enforcement authorities and others, without limitation. Some, but not all, of the information we may access and disclose are user names, addresses (including IP addresses), user-supplied content, user correspondence, and usage history. We intend to cooperate with law enforcement authorities in the prosecution of any illegal activity conducted on or in connection with the Site.
OUR RIGHT TO SUSPEND AND TERMINATE
TucsonLiveAuction.com may take any actions with regard to the Site and information posted on the Site as it deems appropriate to protect the functioning and integrity of the Site, or to correct or prevent the violation of these Terms. Such actions may include, but are not limited to, screening, editing or removing content, issuing warnings, suspending or terminating access to the Site or the Services, suspending or terminating any auctions or sales, or terminating these Terms. All such actions may taken immediately without notice at any time or times, and in such order and combination as we deem advisable. We reserve the right to cancel without notice unconfirmed accounts or accounts we deem inactive.
WE MAY SELL OR BUY
Although our services are limited to providing a marketplace, that is not to say that we may not participate as a seller or buyer in auctions or fixed-price sales listed on the Site. When we or any of our affiliates offer goods for sale on the Site, we will abide by the same rules we apply to all Sellers. When we or any of our affiliates bid for or purchase goods on the Site, we will abide by the same rules we apply to all Buyers. If any of our affiliates, agents or employees act as a Buyer or Seller in their personal capacity (e.g., not in their capacity as our employee, agent, etc.), they will be subject to these Terms and the same rules as any other Buyer or Seller.
INTELLECTUAL PROPERTY AND PERSONAL USE
Unless otherwise noted, the design of the Site, the Site as a whole, and all written, graphic, digital, computer code, and other contents and components of the Site are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by TucsonLiveAuction.com or its affiliates or content providers. You may download or copy contents of the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. Except as stated above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or otherwise exploit in any way, in whole or in part, this Site or any of its contents or components.
LICENSE TO HYPERLINK
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Site, so long as you do not use the link to conduct or promote any unlawful activity and the link is not used in connection with any portrayal of TucsonLiveAuction.com or its products, services or affiliates in a false, misleading, derogatory, or otherwise offensive manner. You may not use any TucsonLiveAuction.com logo or other proprietary graphic or trademark as part of the link without express written permission.
THIRD PARTY LINKS
USER FEEDBACK AND SUBMISSIONS
By submitting or otherwise disclosing or providing listings, text, images, graphics, recordings, and other things (a “Submission”, or the “Submissions”) to TucsonLiveAuction.com on or through this Site, or otherwise, you waive any right of confidentiality with regard to the Submission and grant TucsonLiveAuction.com an irrevocable, perpetual, non-exclusive, royalty-free, universe-wide license to exercise all copyright rights, trademark rights, database rights and rights of publicity in or relating to the Submission in any and all media now or hereafter existing. To the extent a Submission explicitly or implicitly is, includes or incorporates comments, feedback, suggestions, ideas, or concepts (collectively, “Ideas”), you also grant TucsonLiveAuction.com an irrevocable, perpetual, non-exclusive, royalty-free, universe-wide license to exercise in addition all other intellectual property rights in or relating to the Ideas, whether or not implicitly or explicitly acknowledged or accepted by TucsonLiveAuction.com. Thus, there will be no limitation on TucsonLiveAuction.com’s right to use the Ideas (including the right to use, license, sell and otherwise profit from the Ideas), and TucsonLiveAuction.com will have no obligation of any kind to make payment or otherwise compensate you for the Ideas or TucsonLiveAuction.com’s use thereof.
You represent and warrant that you own or otherwise control all of the rights to the Submissions, and that our use of the Submissions to the full extent allowed in the foregoing paragraph will not infringe upon or violate the rights of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that none of your Submissions will be disclosed, submitted or offered to TucsonLiveAuction.com in connection with the conduct or promotion of any unlawful activity or will be or contain libelous or otherwise unlawful, abusive, pornographic or obscene material. You are and shall remain solely responsible for the content of any Submissions you make, and will indemnify and hold TucsonLiveAuction.com, its members, employees, agents, representatives, and affiliates harmless from and against all liability arising directly or indirectly out of or in connection with your Submissions.
MAKING CLAIMS OF INFRINGEMENT
If you believe a listing violates your intellectual property rights (including copyright and trademark rights and rights of publicity), please provide us with the following:
- Your address, telephone number, and e-mail address
- A description of the listing that you claim infringes your intellectual property rights;
- A description of where the listing is located on the Site;
- Your statement, made under penalty of perjury, that:
- you have a good faith belief that the listing identified offers items or contain materials that are not authorized by the owner of the intellectual property rights, its agent, or the law, and
- that the listing therefore infringes the intellectual property owner’s rights, and
- that the information you are providing in the notice is accurate, and
- that you are the owner of the intellectual property interest or are authorized to act on behalf of the owner of the intellectual property interest;
- Your request that TucsonLiveAuction.com act to remove the listing identified in your notice.
- An electronic or physical signature of the owner of the intellectual property interest, or the person authorized to act on behalf of the owner of the interest.
We request that you also describe the intellectual property interest being infringed and the manner in which the listing is infringing it.
Send your notice to TucsonLiveAuction.com at the following address:
Attn: Infringement Claims
PO Box 18141
Tucson, AZ 85731
Email address: email@example.com
COMMUNICATIONS AND PASSWORDS
You agree that TucsonLiveAuction.com may send electronic mail to you for purposes relating to your use of this Site, to any merchandise or services sold through this Site, or for such other purpose(s) as TucsonLiveAuction.com may feel appropriate.
Use of any password-protected area of the Site is restricted to the individual who has been given permission and a password to enter such area (the "Authorized Person"). The password cannot be distributed to others, and the Authorized Person is responsible for any and all damages and losses to TucsonLiveAuction.com resulting from the distribution of his or her password.
We have described our privacy practices in a separate Privacy Statement which governs your visit to this Site and all transactions made through this Site. We encourage you to read the Privacy Statement in order to understand our privacy practices.
DISCLAIMER OF WARRANTIES
THIS SITE AND ITS CONTENTS AND COMPONENTS ARE PROVIDED BY US AND ACCEPTED BY YOU “AS IS”. TUCSONLIVEAUCTION.COM STRIVES TO BE ACCURATE AT ALL TIMES, BUT DOES NOT GUARANTEE ITS ACCURACY. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TUCSONLIVEAUCTION.COM DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER OR E-MAILS SENT BY TUCSONLIVEAUCTION.COM ARE FREE OF BUGS, ERRORS, VIRUSES OR OTHER HARMFUL ELEMENTS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TUCSONLIVEAUCTION.COM DISCLAIMS ALL EXPRESS, STATUTORY AND IMPLIED WARRANTIES RELATING TO THE INFORMATION, MATERIALS, CONTENTS, COMPONENTS, PRODUCTS OR SERVICES PROMOTED, DISPLAYED, SOLD, USED IN OR IN CONNECTION WITH, OR OTHERWISE AVAILABLE ON OR THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITATION OF THE FOREGOING DISCLAIMERS, TUCSONLIVEAUCTION.COM DISCLAIMS ALL WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE.
LIMITATION OF LIABILITY, DAMAGES AND REMEDY
IN ADDITION TO ANY OTHER INDEMNITIES PROVIDED IN THESE TERMS, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS TUCSONLIVEAUCTION.COM, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, DISTRIBUTORS, VENDORS, CONTRACTORS, SUBSIDIARIES AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM OR ARISING OUT OF OR RELATING TO (I) YOUR ALLEGED OR ACTUAL BREACH OF ANY OF THESE TERMS, OR (II) YOUR OWN OPERATIONS, YOUR OWN WEBSITE OR OTHER SALES CHANNELS, THE ITEMS YOU SELL OR SERVICES YOU PROVIDE, ANY CONTENT YOU PROVIDE, THE ADVERTISEMENT, OFFER, SALE OR RETURN OF ANY ITEMS YOU SELL, OR ANY ACTUAL OR ALLEGED INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS BY ANY ITEMS YOU SELL OR CONTENT YOU PROVIDE.
GOVERNING LAW AND EXCLUSIVE VENUE
This Site is created, maintained and controlled by TucsonLiveAuction.com in the state of Arizona, USA. Use of this Site and any purchase of goods or services through this Site shall be governed by and construed in accordance with the law of the state of Arizona as it applies to agreements entered into and to be performed entirely within Arizona between Arizona residents, without giving effect to principles of conflicts or non-contractual choice of law. Those who choose to access this Site from other jurisdictions, and those who choose to have goods or services delivered to other jurisdictions, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. YOU AGREE THAT EXCEPT FOR EQUITABLE RELIEF SOUGHT BY TUCSONLIVEAUCTION.COM, WHICH MAY BE SOUGHT IN ANY COURT OF COMPETENT JURISDICTION, EXCLUSIVE JURISDICTION AND VENUE FOR ANY LEGAL OR EQUITABLE CLAIMS THAT RELATE IN WHOLE OR IN PART TO THE USE OF THIS SITE OR THE SALE, PURCHASE, RETURN OR USE OF ANY GOODS OR SERVICES OBTAINED ON OR THROUGH THIS SITE, SHALL BE IN THE STATE AND FEDERAL COURTS LOCATED IN TUCSON, PIMA COUNTY, ARIZONA.
LANGUAGE AND CAPTIONS
The language of these Terms shall in all cases be construed simply according to its fair meaning, and not strictly for or against you or us. The captions used above the paragraphs of these Terms are provided solely for convenience and may not be used to limit or modify the content of those paragraphs. When required by the context, whenever the singular number is used in these Terms, the same shall include the plural, and plural shall include the singular; the masculine gender shall include the feminine and neuter genders and vice versa. The word “person” includes individuals and entities.
NO IMPLIED WAIVERS
The failure of TucsonLiveAuction.com at any time to require compliance with any provision hereof shall not limit or affect our right to require such performance at any time thereafter. Nor shall a waiver by us of a violation of these Terms be taken or held to be a waiver of any succeeding violation.
LEGAL FEES AND COSTS
If TucsonLiveAuction.com prevails in any legal action or other proceeding arising out of or relating to these Terms, the Site, or any person’s use of the Site, the non-prevailing party or parties shall pay us our reasonable attorneys' fees, costs, and expenses incurred in connection with the prosecution or defense of such action or proceeding.
The invalidity or unenforceability of any part of these Terms or the non-application of any provision of these Terms to any party or circumstance shall not impair or affect the remainder of these Terms, and the remaining provisions of these Terms shall not be invalidated, but shall remain in full force and effect.
These Terms are effective unless and until modified or terminated by TucsonLiveAuction.com. The restrictions imposed upon you by these Terms, including but not limited to those respecting material copied or downloaded, disclaimers, limitations of liabilities, governing law, and venue, shall continue in force despite termination.