Updated 12/12/2024 (Created 02/09/2022)
By accessing, browsing, registering for, listing items on, bidding through, purchasing items from, selling items through, or otherwise using MaxBidAuctions.com (the “Platform”), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service (the “Terms”). These Terms constitute a binding agreement between you and MaxBidAuctions.com (“MaxBid Auctions,” “Company,” “we,” “our,” or “us”). If you do not agree to these Terms, you must immediately discontinue use of the Platform.
MaxBid Auctions operates an online auction marketplace that enables independent users to list, market, offer, bid upon, purchase, and sell personal property and other permitted goods through timed online auctions. The Platform serves solely as a technology provider facilitating transactions between buyers and sellers. Except where expressly stated otherwise, MaxBid Auctions does not own, inspect, warehouse, authenticate, appraise, certify, guarantee, endorse, or take title to items listed by users. The Company does not act as an agent, broker, consignee, auctioneer of record, merchant, or fiduciary for any user unless explicitly agreed in writing.
Users acknowledge that transactions conducted through the Platform are entered into directly between buyers and sellers. While MaxBid Auctions may facilitate payments, communications, dispute reporting, listing management, and transaction administration, the Company is not a party to the underlying sale contract between buyer and seller. The Company’s role is limited to providing technological infrastructure and related marketplace services.
Use of the Platform is limited to individuals who are at least eighteen (18) years of age and capable of entering into legally binding contracts under applicable law. By creating an account, you represent and warrant that all information submitted during registration is accurate, complete, current, and not misleading. You further agree to promptly update such information whenever changes occur.
Users are responsible for maintaining the confidentiality of account credentials and for all activities occurring under their accounts. MaxBid Auctions reserves the right to require identity verification, business verification, proof of address, tax documentation, payment verification, government-issued identification, or any other information reasonably necessary to verify user identity, prevent fraud, comply with legal obligations, or maintain marketplace integrity.
The Company may reject applications, restrict account functionality, suspend access, or permanently terminate accounts at its sole discretion and without prior notice where fraud, abuse, policy violations, legal concerns, security risks, or other legitimate concerns are suspected.
Sellers bear sole responsibility for all listings, descriptions, photographs, statements, representations, warranties, and information submitted to the Platform. By creating a listing, a seller represents and warrants that the seller possesses legal ownership of the item or lawful authority to sell the item and transfer good title to a successful purchaser.
Sellers agree that all listings shall accurately describe the item’s condition, authenticity, provenance, functionality, dimensions, defects, restoration history, ownership history, and other material characteristics that a reasonable bidder would consider important. Sellers shall not engage in deceptive advertising, false representations, omission of material facts, manipulated photography, counterfeit sales, misleading descriptions, or any conduct reasonably likely to deceive bidders.
Sellers acknowledge that listing accuracy is essential to marketplace integrity. MaxBid Auctions reserves the right to remove listings, cancel auctions, suspend accounts, withhold proceeds, reverse transactions, or take any other action deemed appropriate where inaccurate, deceptive, fraudulent, unlawful, or prohibited listings are identified.
By placing a bid through the Platform, a bidder acknowledges that bids constitute legally binding offers to purchase the listed item. If a bidder becomes the successful winning bidder at the conclusion of an auction, that bidder is contractually obligated to complete the transaction and remit payment in accordance with the auction terms.
Buyers are solely responsible for reviewing item descriptions, photographs, condition reports, pickup requirements, shipping arrangements, payment obligations, and all other listing details before bidding. Buyers acknowledge that failure to review listing information does not relieve them of their obligations arising from a successful bid.
MaxBid Auctions reserves the right to restrict bidding privileges, cancel bids, suspend accounts, impose administrative charges, pursue collection efforts, or take legal action against users who fail to complete transactions after submitting winning bids.
All auctions conducted through the Platform shall operate according to the rules established by MaxBid Auctions and any supplemental terms contained within individual listings. Bids submitted through the Platform are generally final and irrevocable. Bid retractions may be permitted only where required by law or expressly authorized by the Company.
The Company reserves the right to establish minimum bid increments, reserve prices, automatic bidding systems, proxy bidding systems, auction extensions, staggered closing schedules, anti-sniping measures, bidder qualifications, and other auction management procedures designed to promote fair and orderly marketplace operations.
MaxBid Auctions may cancel, suspend, extend, modify, reopen, or terminate auctions affected by technical failures, software malfunctions, internet outages, suspected fraud, seller misconduct, bidder misconduct, administrative errors, legal concerns, or other circumstances that could compromise auction integrity. Users agree that the Company’s determination regarding auction administration shall be final and binding.
MaxBid Auctions facilitates payment processing on behalf of marketplace participants. Buyers authorize the Company and its designated payment providers to charge payment methods submitted through the Platform for amounts associated with successful purchases, applicable taxes, shipping charges, buyer premiums, processing fees, and other disclosed charges.
Sellers acknowledge and agree that the Company may deduct marketplace commissions, transaction fees, payment processing fees, advertising fees, dispute resolution costs, refunds, chargebacks, penalties, administrative fees, and other amounts owed to the Company before remitting seller proceeds.
The Company reserves the right to hold, delay, reserve, offset, or withhold seller funds where necessary to investigate fraud, resolve disputes, comply with legal obligations, address chargebacks, protect marketplace participants, satisfy outstanding obligations, or manage financial risk. Seller proceeds shall become payable only after completion of any applicable review periods and subject to deductions authorized under these Terms.
Users shall not engage in any conduct that undermines marketplace integrity, user trust, legal compliance, or Platform operations. Prohibited conduct includes, without limitation, shill bidding, bid manipulation, collusive bidding, fraudulent transactions, account sharing, identity fraud, payment fraud, chargeback abuse, money laundering, deceptive listings, counterfeit sales, intellectual property infringement, unauthorized scraping, automated data extraction, interference with Platform functionality, circumvention of fees, or attempts to complete transactions outside the Platform for the purpose of avoiding Company fees.
Users further agree not to use the Platform to harass, threaten, intimidate, defraud, impersonate, exploit, or otherwise harm other users. Violations may result in immediate suspension, permanent account termination, forfeiture of funds, transaction cancellation, referral to law enforcement, civil litigation, or other remedies available under law.
The Platform may not be used to list, advertise, solicit, sell, purchase, or distribute items prohibited by applicable law or Company policy. Such prohibited items include, without limitation, stolen property, counterfeit goods, illegal drugs, controlled substances, hazardous materials, explosives, illegal weapons, fraudulent financial instruments, human remains, protected wildlife products, unlawfully imported goods, and items whose sale violates intellectual property rights.
MaxBid Auctions reserves sole discretion to determine whether any item is prohibited, restricted, inappropriate, unsafe, or otherwise unsuitable for the marketplace. The Company may remove listings without notice and is under no obligation to provide compensation for removed listings or cancelled transactions.
Users retain ownership of content submitted to the Platform. However, by uploading photographs, descriptions, logos, videos, text, comments, reviews, listing content, and related materials, users grant MaxBid Auctions a perpetual, worldwide, irrevocable, sublicensable, transferable, royalty-free license to use, reproduce, distribute, modify, publish, display, market, archive, and otherwise exploit such content for purposes related to operation, promotion, improvement, and administration of the Platform.
Users represent and warrant that they possess all necessary rights to submit such content and that such content does not violate the rights of any third party.
Although MaxBid Auctions may facilitate communication and review transaction disputes, the Company is not obligated to mediate, arbitrate, investigate, or resolve disputes between buyers and sellers. Users acknowledge that disagreements concerning item condition, authenticity, shipping, pickup, ownership, delivery, descriptions, warranties, returns, or other transaction-related matters are primarily disputes between the participating users.
The Company reserves the right, but not the obligation, to review transaction records and issue refunds, reverse payments, withhold proceeds, suspend accounts, or take other actions where necessary to protect marketplace integrity.
THE PLATFORM IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAXBID AUCTIONS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THIS INCLUDES WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, SECURITY, AVAILABILITY, OR UNINTERRUPTED OPERATION.
MAXBID AUCTIONS DOES NOT WARRANT THAT THE PLATFORM WILL OPERATE WITHOUT ERRORS, INTERRUPTIONS, DELAYS, DATA LOSS, SECURITY BREACHES, VIRUSES, OR OTHER HARMFUL CONDITIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, MAXBID AUCTIONS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO PLATFORM USE, USER CONDUCT, TRANSACTIONS, LISTINGS, PAYMENT PROCESSING, SHIPPING ISSUES, DATA LOSS, BUSINESS INTERRUPTION, LOST PROFITS, OR LOST OPPORTUNITIES.
IN NO EVENT SHALL THE TOTAL LIABILITY OF MAXBID AUCTIONS EXCEED THE GREATER OF ONE HUNDRED UNITED STATES DOLLARS (USD $100) OR THE TOTAL FEES PAID TO MAXBID AUCTIONS BY THE CLAIMING USER DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Users agree to defend, indemnify, and hold harmless MaxBid Auctions and its officers, directors, members, employees, contractors, affiliates, agents, successors, and assigns from and against any claims, demands, liabilities, damages, judgments, penalties, losses, costs, and expenses, including reasonable attorneys’ fees, arising from the user’s conduct, Platform usage, listings, transactions, violation of law, violation of these Terms, infringement of third-party rights, or disputes involving other users.
MaxBid Auctions reserves the unrestricted right to suspend, limit, restrict, or terminate user accounts at any time and for any reason deemed necessary to protect the Platform, users, legal compliance obligations, or business interests. Suspension or termination may occur with or without notice and without liability to the affected user.
The Company may continue investigating conduct occurring prior to termination and may retain transaction records, payment information, communications, and related data as necessary to comply with legal obligations or protect its rights.
These Terms shall be governed by and interpreted under the laws of the jurisdiction in which MaxBid Auctions is organized, without regard to conflict-of-law principles. Any dispute arising from these Terms or use of the Platform shall be subject to the exclusive jurisdiction of the courts designated by the Company.
MaxBid Auctions reserves the right to amend, modify, revise, or replace these Terms at any time. Updated Terms shall become effective upon posting to the Platform. Continued use of the Platform following publication of revised Terms constitutes acceptance of such revisions.
These Terms constitute the complete and exclusive agreement between the user and MaxBid Auctions concerning the Platform and supersede all prior discussions, negotiations, communications, representations, understandings, and agreements relating to the subject matter herein. If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Questions concerning these Terms may be directed to MaxBidAuctions.com through the contact information provided on the Platform. Users agree that electronic communications from the Company satisfy any legal requirement that communications be in writing and consent to receive notices electronically.
