Please see the Auction Terms located in the Info Lot and in the Terms section.
PICK UP DATES - SIGN UP REQUIRED:
Thursday, August 28th, 10AM to 6PM.
An email will be sent to winning bidders to Sign Up for a time slot to remove your items.
DO NOT BID IF YOU CAN NOT PICKUP DURING THE POSTED TIMES.
INSPECTION DATES (No Appointment Needed):
Wednesday, August 27th, 9AM to Noon.
PROCEDURE:
Online Bidding Only. The auction will start to close at 1 PM Wednesday, August 27th. The close will be staggered (2 Lots per minute). In addition there will be Extended Bidding, which means items that have bids placed within 2 minutes of its closing time, the time will extend for 2 minutes. This will continue until there is no activity for 2 minutes.
TRANSPORTATION OF MERCHANDISE:
The buyer is solely responsible for the disassembling, removal, and transportation of all items. Auction Masters does not provide shipping, transportation, or loading.
QUESTIONS: Call or text 763-343-7300
MAKE SURE YOU HAVE LOOKED AT THE DATE FOR PICK UP AND PAYMENT AND ARE ABLE TO PICK UP ON THAT DATE. IF NOT, PLEASE DO NOT BID.
ALL ITEMS SOLD "AS IS"
18% Buyers Fee on Items up to $9,999.99 and 13% Buyers Fee on Items $10,000 and over.
Plus MN Sales Tax (Email Tax Exemption Certificate to sarah@auctionmasters.com prior to auction closing).
Bids cannot be retracted once placed.
Terms: Credit/Debit Cards ONLY (Visa, Master Card, Discover) – No Additional Fee.
The Credit Card on File will be charged at the conclusion of the auction.
Payment Questions call 763-343-7300.
Bidder agrees to remove ALL purchased items within the time frame outlined in the auction information.
Bidding Increments:
$1 (up to $10)
$2 (up to $25)
$5 (up to $100)
$10 (up to $500)
$25 (up to $1,000)
$50 (up to $5,000)
$100 (up to $10,000)
$250 (up to $25,000)
$500 (up to $50,000)
$1,000 (up to $100,000)
$2,500 (up to $250,000)
$5,000 (up to $500,000)
$10,000 (up to $1,000,000)
$20,000 (up to $2,000,000)
$50,000 (up to $5,000,000)
Register to Bid
By registering on our online auction site, you will become eligible to bid and will also receive email updates about upcoming auctions.
Auction Masters Online Terms and Conditions
All online auction sales will be conducted according to the following plus any other conditions added via email or posted on auctionmasters.com. In bidding you consent to be bound by these terms and conditions.
Full Name and Address Required
All bidders must provide their full name, address, email address, cell phone number, and valid credit card. Auction Masters reserves the right to deny registration.
Deposit May be Required
A cash or credit deposit may be required to register or to continue bidding after a stated high bid has been reached.
Sold to Highest Bidder Unless Seller’s Reserve
All items in the auction will be sold to the highest bidder unless the seller has a minimum reserve price. In the case of a minimum reserve price the bid price is subject to the seller’s confirmation and acceptance. In some cases, the auctioneer may bid on behalf of the seller to protect the reserve. Disputes over the winning bid price or any other problem will be settled in Auction Master’s sole discretion, according to records kept by Auction Masters.
Bidder Inspection and “As Is, Where Is” Condition
When Inspection Times are provided, bidders should examine and inspect items prior to bidding. In all cases, all items are sold AS IS, WHERE IS WITH ALL FAULTS. The seller and Auction Masters expressly disclaim any warranty concerning the condition, quality, nature, fitness for particular purpose, value or merchantability of any item. No allowance will be made for errors in descriptions, cataloging, genuineness, defects or imperfections not noted. Written descriptions and online photographs are provided for bidders’ convenience and will not be interpreted to create representations or warranties for any item. Auction Masters relies upon information from the seller concerning all items and makes no investigation or warranty about the accuracy or completeness of this information.
Removal and High Bidder’s Responsibilities
All removal of purchased items is at the expense, liability, and risk of the purchaser including disconnecting of utilities. Rights of the high bidder to purchase the item end on the last day and time of announced checkout. Items not removed by the announced checkout will be considered abandoned. Auction Masters will not provide refunds for items paid for but abandoned. .,Auction Masters reserves the right to dispose of abandoned item(s) according to its discretion. Any high bidder that fails to complete a transaction is responsible for all damages resulting from that action including, but not limited to, storage costs, interest, filing fees, and attorney’s fees. At the time of removal, the bidders or agents are responsible for checking that all paid/purchased items are in their possession. If there is a discrepancy, it must be resolved within one day of pickup.
Claims and Non-Delivery
No claims will be allowed after an item has been removed from the auction site. Neither Auction Masters nor the seller shall be held liable for non-delivery to any high bidder of any item. If payment has been made prior to non-delivery the high bidder shall receive a refund for the sum paid. The right to a refund shall be null and void if high bidder fails to remove item before the last day of announced pickup/removal times. In no event shall Auction Masters be liable to any bidder for any act or omission occurring in connection with the auction for an amount that exceeds the amount that such bidder has actually paid to Auction Masters, as a deposit or as payment for a purchased item.
Item Offerings and Removals
Auction Masters, according to its discretion, may offer items by the piece or by the lot. It also may intersperse the auction with items from various sellers. The seller, with the consent of Auction Masters, has the right to remove items from the auction before or after bidding is completed. In the event of removal after bidding is complete and payment has been made, the high bidders sole remedy shall be the refund of the amount actually paid for the item removed.
Auction Participation and Compliance with Terms
By participating in an auction, bidders represent, warrant and covenant that:
-They shall not misrepresent their ability to close the transaction pursuant to the terms and conditions of the auction.
-They have the capacity to close the transaction and that any bid they make on the item constitutes an irrevocable offer to buy the item for the full amount of the bid plus buyer’s premium and applicable taxes.
-They have the legal authority to enter into an agreement to purchase the item.
-They shall forfeit all deposits or otherwise pay as liquidated damages all deposits paid if payment in full is not made by the time specified.
Auction Participation and Bidding Errors
Please use care when placing a bid. Bidders must immediately notify Auction Masters if a mistake is made in bidding. Auction Masters retains sole discretion in determining whether to cancel a mistaken bid, and bidders may still be held responsible for a bid placed by mistake.
Acknowledgment of Dangerous Auction Site
Potential bidders when inspecting and high bidders/purchasers or their agents acknowledge that an auction site is a potentially dangerous place. Every person enters the auction site at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises. High bidders will so advise their agents and employees. This acknowledged risk extends into all activities involved in the removal of items including disconnection of utilities. Persons attending the auction site during preview, sale or removal assume all risks of injury damage or loss of property and specifically release Auction Masters and the seller from liability.
Auction Masters as Agent Only
Auction Masters is acting only as an agent and is not responsible for the actions of the principals and sellers.
Item Removal from Auction Site
Auction Masters will announce the removal or “check-out” period for each auction on that auction’s online site. Online auctions will have the details posted on the auction event page. Auction Masters will assume no responsibility for any part of item removal. High bidders/purchasers will assume sole responsibility and risk for disassembling, disconnecting (including power and water and all utilities), loading and trucking all purchased items. Purchasers are responsible for the costs of any electricians, refrigeration specialists, plumbers, or other services and tradespeople necessary for safe removal the purchased items. Purchasers must not alter or damage property during the removal of their items, and purchasers will be responsible for the cost to repair property that is altered or damaged in the removal of their items.
Governmental Safety, Environmental and Export Standards and Laws
High bidder/purchaser agrees to comply with all applicable United States export laws and to acknowledge that Auction Masters is not the exporter. Auction Masters makes no representation as to which, if any, items constitute “Restricted Technology” and as such cannot be shipped outside of the United States. In addition, it is the high bidders/purchasers or their agents’ responsibility to meet all government safety and environmental laws/standards when removing and shipping purchased items. Auction Masters has no duty to remove hazardous substances contained in any item. Identification and removal of hazardous substances are the sole responsibility of the purchaser/ high bidder.
Malfunction, Shutdown, Loss of Service
The results of the auction may be rendered void if malfunction, shutdown, or temporary loss of service occurs. In such an event, Auction Masters reserves the right to remedy the situation using its best judgment, including but not limited the cancellation of existing bids, restarting or extending the auction, or considering the auction completed with the bids received prior to the malfunction, shutdown, or temporary loss of service. Auction Masters shall not be liable for any malfunctions, shutdowns, or loss of service.
Auction Closing and Payment and Pickup
Each auction has its own ending time listed on that auction’s site and in advertisements. Auctions end automatically at this time unless the two minute extended bidding is in effect.
Notification/invoices will be sent to winning bidders. In the event that you have not received your notification/invoice by the evening of closing of the auction, please contact bid@auctionmasters.com. High bidders/purchasers are expected to make arrangement for removal, riggers, transportation, etc. so that they can conform to the pickup days allotted. Wire transfers should be arranged and conducted.
Methods of payment include credit card, cash, cashier's check, or wire transfer. Email bid@auctionmasters.com to obtain wire transfer instructions.
All high bids are subject to a 18% Buyer’s Premium for items under $10,000 and 13% Buyer's Premium for items over $10,000 plus applicable sales tax. For resellers or tax exempt entities, provide a copy of your state exemption certificate.
Indemnification and Acceptance of Auction Terms by Bidders
Purchaser and Bidders agree to indemnify and hold harmless both the seller and Auction Masters from and against all claims and liabilities resulting from online auction, including but not limited to: proximate or consequential damages, failure to comply with local, state, or federal laws, and cost of legal expenses arising there from. No person shall have any claim against Auction Masters, their respective agents or employees for any injuries sustained or damages to or loss of property that may occur at the auction site.
These Terms and Conditions, and all questions with respect to the interpretation of these conditions, shall be governed by and construed in accordance with the internal laws of the State of Minnesota, without regard to conflict of laws provisions. All bidders expressly and irrevocably consent to personal and exclusive jurisdiction in the courts of the State of Minnesota located in Hennepin County. In bidding, you consent to all the Terms and Conditions stated above and any auction specific terms posted on each auctions event page and/or terms emailed to you and or terms posted on auctionmasters.com.
Auction Masters Mobile App & Website Privacy Policy
Last modified: July 2, 2025
Introduction
Auction Masters (“Company” or “We“) provides this Privacy Policy so you know about our information handling and storage practices and understand how we collect, use, and share the personal information we receive from you from your use of our website and mobile app. By accessing or using our website or mobile app, or interacting with us in connection with our products and services, you agree to the terms of this Privacy Policy. This policy describes:
The types of information we may collect or that you may provide when you download, install, register with, access, or use the Auction Masters app and website (the “app and website“).
Our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies only to information we collect in our app and website and in email, text, and other electronic communications sent through or in connection with our app and website.
This policy DOES NOT apply to information that:
We collect offline or on any other Company apps and websites, including websites you may access through this app and website.
You provide to or is collected by any third party (see Third-Party Information Collection).
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use our app and website. By downloading, registering with, or using our app and website, you agree to this privacy policy. This policy may change from time to time. Your continued use of our app and website after we revise this policy means you accept those changes, so please check the policy periodically for updates.
Information We Collect and How We Collect It
We collect information from and about users of our app and website:
Directly from you when you provide it to us.
Automatically when you use our app and website.
Information You Provide to Us
When you download, register with, or use our app and website, we may ask you to provide information by which you may be personally identified, such as name, postal address, email address, and telephone number, or any other identifier by which you may be contacted online or offline, and financial information that you use to pay for products or services (“personal information“). This information includes:
Information that you provide by filling in forms in the app and website, such as information provided at the time of registering to use the app and website, information provided when corresponding with us through our app and website, and when you report a problem with our app and website.
Details of transactions you carry out through our app and website.
Information that you provide when placing bids through our app and website.
Information Collection and Tracking Technologies
The technologies we use for automatic information collection may include:
Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of our app and website.
Web Beacons. Pages of the app and website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related app and website statistics (for example, recording the popularity of certain app and website content and verifying system and server integrity).
Third-Party Information Collection
When you use the app and website or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include but are not limited to:
Advertisers, ad networks, and ad servers
Analytics companies
Your mobile device manufacturer
Your mobile service provider
These third parties may use tracking technologies to collect information about you when you use this app and website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, app and websites, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information, to:
To operate and improve our business, including, without limitation, providing customer service and support, responding to your inquiries, providing, promotional information, marketing and research, sending you newsletters or mailings, and soliciting feedback from you.
Provide you with the app and website and its contents, and any other information, products or services that you request from us.
Fulfill any other purpose for which you provide it.
Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
Notify you when app and website updates are available, and of changes to any products or services we offer or provide though it.
The usage information we collect helps us to improve our app and website and to deliver a better and more personalized experience by enabling us to:
Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our app and website according to your individual interests.
Speed up your searches.
Recognize you when you use the app and website.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
In addition, we may disclose personal information that we collect or you provide:
To our subsidiaries and affiliates.
To contractors, service providers, and other third parties we use to support our business.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Auction Masters’ assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Auction Masters about our app and website users is among the assets transferred.
To third parties to market their products or services to you if you have not opted out of these disclosures.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
With your consent.
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce our rights arising from any contracts entered into between you and us, including Auction Masters Online Terms and Conditions and for billing and collection.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Auction Masters, our customers or others.
Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our app and website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the app and website like message boards. The information you share in public areas may be viewed by any user of the app and website.
Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our app and website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.
Children’s Online Privacy Protection
The app and website are not directed to children under the age of 13 and we will not knowingly collect personal information from children under the age of 13 on the app and website. If we become aware that we have inadvertently received personal information from a child under the age of 13 on the app or website, we will delete the information from our records.
Additional Privacy Rights and Requests
You may have other rights under applicable laws concerning personal information we have collected about you, which may include the right to access your personal information we have, to ask us to delete, correct, or restrict the use of your personal information, to withdraw your consent to our use of your personal information, to ask how we have used your personal information, and to ask whether we have shared your personal information. We will honor your rights to the extent required by us under applicable law or as we may agree to honor in our sole discretion. All such requests must be made to Auction Masters in writing, clearly stating your requests in English with sufficient information to verify your identity and the information to which your request relates.
Changes to Our Privacy Policy
We may update our privacy policy from time to time. If we make material changes to how we treat our users’ personal information, we will post the new privacy policy on this page.
The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting this privacy policy to check for any changes.
Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us at: .
Website Terms of Use
The website on which these Terms of Use appear, including all content, features, and services offered therein (collectively, the “Site”), is provided by Auction Masters Inc., a Minnesota corporation (“we,” “us” and “our”).
PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE AS THEY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND US.
These Terms of Use (“Terms of Use”) govern your use of the Site, regardless of how you access or use it. These Terms of Use do not alter in any way the terms and conditions of any other agreement you may have with us. If you breach any portion of these Terms of Use, your authorization to use the Site automatically terminates and you must immediately discontinue use of the Site.
1. Acceptance of these Terms of Use
By using the Site, you accept these Terms of Use and agree to be bound by them. By using the Site, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms of Use. Use of the Site is strictly voluntary. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE SITE AND MAY NOT USE THE SITE.
To access and use certain services available through the Site, you may be required to have a user account with us and you must agree to be bound by additional terms contained there. Unless otherwise provided, the additional terms will control if there is a conflict between these Terms of Use and the additional terms.
2. Collection of Visitor Information on the Site
Any information collected at the Site and the purposes for which we may use this information are set forth in our Privacy Policy. The terms of our Privacy Policy are incorporated herein by this reference. Please carefully review the information contained in our Privacy Policy. By using the Site, you agree to waive and release us from any claim or liability in connection with the collection, use, or disclosure of information that is consistent with the terms of our Privacy Policy.
3. Changes to these Terms of Use
We may revise these Terms of Use at any time without providing notice by posting a new version on the Site. Any use of the Site following the date on which changes to these Terms of Use or the Privacy Policy are published on the Site shall constitute your acceptance of all such changes. You expressly agree that we shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy.
4. Copyright
All software, technology, and content included in the Site or used in the operation of the Site, is our owned or licensed property, or our software, technology, and content providers’ property, and is protected by U.S. and international copyright laws. In addition, the compilation (meaning the collection, arrangement, and assembly) of all content on the Site is our exclusive property and protected by U.S. and international copyright laws. Subject to your compliance with these Terms of Use, we grant you a limited, non- exclusive, non-sublicensable, revocable, non-transferable license to access and use the content, information, and functionality made available on the Site, for your use of the Site in accordance with other guidelines, instructions, and limitations described on the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on this website is strictly prohibited without our written permission.
5. Trademarks
The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks”) used and displayed on the Site are registered and unregistered Trademarks of ours and other parties. Nothing on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. Other product and company names mentioned on the Site may be the Trademarks of their respective owners.
6. Other Intellectual Property and Reserved Rights
All other intellectual property rights related to the content, software, and technology included on the Site or used in the operation of the Site, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are our owned or licensed property. Any use of these rights without our prior written permission is strictly prohibited.
We or our licensors own and reserve all right, title, and interest in and to the Site. These Terms of Use do not grant you any rights in or to the Site or any of its components except for the limited rights to use the Site expressly granted by these Terms of Use.
7. Termination
Your license to the Site and our obligations under these Terms of Use will automatically terminate if you fail to comply with any provision of these Terms of Use or if the reason you were granted access to the Site terminates. No notice will be required from us to effectuate such termination. Upon termination of these Terms of Use, all of your rights to use the Site shall terminate immediately and we may delete or remove your account and related data.
8. Restrictions
You may not: (i) reproduce, modify, prepare derivative works based upon, translate, tamper with, distribute, sublicense, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site except as expressly permitted by us; (ii) reverse engineer, disassemble, or decompile the Site or apply any other process or procedure to derive the source code of any software included in the Site; (iii) use the Site in a manner that interferes with other users' use of the Site; (iv) link to, mirror or frame any portion of the Site; or (v) attempt to gain unauthorized access to or impair any aspect of the Site or its related systems or networks.
9. Additional Prohibited Activities and Visitor Obligations
Without limiting any other provision in these Terms of Use, you agree not to do, or assist others to do, the following:
violate any applicable law or regulation;
upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;
Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or content that could otherwise be considered to be objectionable;
Post any publicly available content that is subject to any disclosure restrictions;
Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
Post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
engage in any activities or manipulate identifying material to misrepresent the origin of content;
use the Site for any activity that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or information or content that could otherwise be considered to be objectionable;
interfere with or otherwise limit the use of the Site by other users;
collect, compile, or store personal information about other users of the Site;
disrupt or interfere with the security of, operation of, or otherwise cause harm to, this website or the systems resources, accounts, usernames and passwords, servers, or networks connected to or accessible through this website or any affiliated or linked sites;
modify, reverse engineer, disassemble, decompile, translate, create derivative works from, or otherwise alter the Site;
use the Site in a manner that could cause us to violate any law, rule or regulation;
use any robot, spider, scripts, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Site or the content contained therein without our prior, express, and written permission; or
use the Site for your own commercial purposes.
10. Your Account
If you have a user account on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to maintain accurate, complete, and up-to-date information in your user account on the Site. You agree to accept responsibility for all activities that occur under your account or password. We reserve the right, without notice and in our sole discretion, to suspend or terminate your access to the Site and to refuse or restrict access or service, terminate accounts, and to remove or edit content on the Site. If we, in our sole reasonable determination, believe that you have violated any of these Terms of Use, we may suspend or terminate your account.
11. Accuracy
Information on the Site may contain typographical errors, inaccuracies, or omissions. We reserve the right, but have no obligation, to correct any errors, inaccuracies, or omissions and to change or update information at any time without notice to you. We undertake no obligation to update, amend or clarify information on the website, except as required by law. Please do not hesitate to contact us to confirm any information by using the Contact Us feature on the Site.
12. Disclaimer of Warranties
THE SITE, INCLUDING WITHOUT LIMITATION ALL CONTENT, INFORMATION, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. FURTHER, WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
NOTHING IN THESE TERMS OF USE OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THE SITE WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THE SITE.
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT SUCH USE IS AT YOUR SOLE RISK.
Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply in all cases, but they shall apply to the extent permitted by applicable law.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations or exclusions may not apply in all cases, but they shall apply to the extent permitted by applicable law.
UNDER NO CIRCUMSTANCES WHATSOEVER SHALL OUR LIABILITY RESULTING FROM OR RELATING TO YOUR USE OF THE SITE EXCEED FIVE UNITED STATES DOLLARS (USD $5.00).
14. Release and Indemnification
You agree to release us and our shareholders, officers, directors, employees and agents, from any and all liability and obligations whatsoever in connection with or arising from your use of the Site. If at any time you are not satisfied with the Site or object to any content within the Site, your sole remedy is to cease using the Site.
You agree to indemnify, defend and hold us and our shareholders, officers, directors, employees and agents from and against any claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) that we or they incur or suffer which relate to or arise out of any claim concerning your use of the Site, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.
15. Links to Other Websites
The Site may contain links to other websites that are not under our control. Additionally, other websites may contain links to the Site. We do not review or monitor the websites linked to the Site and we are not responsible for the content or policies of any other websites. Any link established by us does not constitute an endorsement of the other websites or create a relationship between us and the operators of other websites. We disclaim any liability with respect to your use of any other website, and you release us from any liability related to your use of any link to another website or your use of any other website. Where the Site contains a link to another website owned and/or operated by us, such website use may be subject to different and additional terms of use and privacy policy terms and conditions.
16. Third Party Providers of Functionality
We may have functionality in the Site that is provided, in whole or in part, by a third-party service provider. For such third-party functionality, you will need to review the terms of use and privacy policy for that third party, which in some cases may require you to visit that party’s website and locate the terms of use and privacy policy. Your review should include determining whether such terms and policy are acceptable to you. If they are not, do not use the associated functionality on the Site.
17. Continued Operation, Accessibility, and Maintenance of the Site
We may modify, change, suspend, terminate or discontinue the operation of the Site or the provision of any service therein without notice and we reserve the right to refuse service to anyone at any time, with or without cause.
18. Aggregated Data
You hereby grant us and our providers a non-exclusive, perpetual, irrevocable, fully-paid-up, royalty free license to use data derived from your use of the Site (the "Aggregated Data") for our business purposes and the business purposes of our providers. Aggregated Data does not include (directly or by inference) any information identifying you or your household or any other identifiable individual or household. You further grant us and our providers the right to (i) use the Aggregated Data in any aggregate or statistical products or reports, (ii) disclose Aggregated Data in a summary report that does not show, display or indicate customer specific or customer identifying information, and (iii) use the Aggregated Data (without personally identifiable information) to compare with other organizations within the same industry or group.
19. Submissions
Any and all questions, comments, suggestions, and similar materials or information that you send or submit to us on the Site, by a Post or otherwise (collectively, “Submissions”), shall become our property; and you hereby transfer, sell, and assign to us all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. We have no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. We shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.
20. General Provisions
English has been used in the preparation of these Terms of Use, and English shall be the controlling language with respect to these Terms of Use and their interpretation. Any and all communications relating to the Site must be in the English language.
Any failure by us to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same.
These Terms of Use shall be governed by the laws of the State of Minnesota without giving effect to any principles or conflicts of laws. For the purpose of resolving conflicts relating to or arising out of these Terms of Use, or arising out of any other dispute or claim associated with us, you irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts in Hennepin County, Minnesota (the “Minnesota Courts”) for any litigation or dispute arising out of or relating to these Terms of Use; (ii) agree not to commence any litigation arising out of or relating to these Terms of Use except in the Minnesota Courts; (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; (iv) agree that any and all disputes, claims, and causes of action arising out of or relating to these Terms of Use shall be resolved individually, without resort to any form of class action or other consolidation or joining of claims of other parties who may have similar claims; and (v) agree the Minnesota Courts represent the exclusive jurisdiction for all disputes relating to these Terms of Use.
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use. Such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Use for all purposes.
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
Use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of the Site is unauthorized in any jurisdiction where all or any portion of the Site may violate any legal requirements and you agree not to access the Site in any such jurisdiction.
You are responsible for compliance with applicable laws, rules and regulations.
For questions or comments related to the Site or these Terms of Use, please email us at bid@auctionmasters.com.
By submitting this form you acknowledge that you have read, understand, and agree to the foregoing terms.
