AUCTION IS NOW TERMS AND CONDITIONS
1. ACCEPTANCE OF TERMS AND CONDITIONS
By using AUCTION IS NOW, you agree to be bound by all terms and conditions contained in the T&C. If you do not agree with the terms and conditions of the T&C at any time, you will discontinue your use of AUCTION IS NOW.
Hereby user understands and confirms that AUCTION IS NOW’s legal name is AUCTION SERVICES OF CALIFORNIA.
1.1 REVISION OF TERMS AND CONDITIONS
AUCTION IS NOW reserves the right to update or revise the T&C at its discretion and without notice. You are responsible for checking the T&C periodically for changes. You can review the most current version of the T&C at any time at: [www.auctionisnow.com] If you continue to use AUCTION IS NOW following the posting of any changes to the T&C, you agree to be bound by these changes.
1.2 VERIFICATION OF INFORMATION
The material that appears on AUCTION IS NOW is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing vehicles and/or related services that you have read about on AUCTION IS NOW, you should confirm any information (including the price) that is important to your purchasing decision. AUCTION IS NOW is not responsible nor makes any warranty, express or implied, or endorsement regarding any vehicles being posted for sale on AUCTION IS NOW or as to any of the related services that are being offered through this site. We are also not responsible for controlling the vehicles posted for sale or services being offered through this website, or any losses that you may incur while using our site.
1.3 RIGHT TO DENY USE
AUCTION IS NOW reserves the right to deny use of this website to anyone who does not comply with these requirements or who otherwise uses this website in a manner that the operators of AUCTION IS NOW deem inappropriate.
1.4 “AS-IS” AND “WHERE-IS” POLICY
Although AUCTION IS NOW cannot monitor every listing posted on our website, it reserves the right, but assumes no obligation, to delete, move, or edit any listings or postings on our website. You understand and agree that the Services are provided “AS-IS” and “WHERE-IS”, and that AUCTION IS NOW assumes no responsibility for the condition, timeliness or non-delivery of a vehicle(s) and/or related services. Both those listing vehicles for auction (Sellers) and those purchasing vehicles (Buyers) assume full responsibility for accuracy their listings and in successfully completing those transactions in a timely fashion.
2. DESCRIPTION OF SERVICE
AUCTION IS NOW is an online automotive listing and auction site that brings together automobile dealers and those purchasing vehicles. All vehicles purchased through our website are for use within the United States only.
AUCTION IS NOW is not involved in the transaction between Sellers and Buyers. AUCTION IS NOW collects a nominal transaction fee from both buyer and seller upon completion of the selling and/or auction process.
You understand that AUCTION IS NOW does not control the price and any other terms of any sale offered through its website and that these are strictly within the control of the seller and/or dealer of that vehicle or automotive-related services.
You further understand and agree that AUCTION IS NOW as a neutral facilitator in this process has no control over the truth, accuracy, quality, legality, or safety of postings made by users, sellers, dealers, brokers and other automotive industry professionals. You understand and agree that AUCTION IS NOW cannot and does not confirm or verify the identity, background, qualifications, or abilities of users, sellers, dealers, brokers and the like, nor does AUCTION IS NOW guarantee the condition and/or quality of the vehicles or services that are offered up for sale through this site.
3. MEMBERSHIP & REGISTRATION RIGHTS AND OBLIGATIONS
To obtain access to many of the features of our website, you will be given the opportunity to register with AUCTION IS NOW. AUCTION IS NOW requires Buyers and Sellers to register if they wish to use any of the features of the website. In consideration of your use of the Service you agree to:
a) provide true, accurate, current and complete information about yourself as prompted by this website’s registration form;
b) provide authentication/verification of identity by provided copy of government issued documents such as a valid dealer ID number; and
c) maintain and promptly update the registration information to ensure that it is at all times true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or AUCTION IS NOW has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AUCTION IS NOW has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Registered members have access to such features as upcoming schedules of auctions, detailed information related to auction inventories, and can participate in online-bidding. You additionally understand that there are particular features and/or services provided through AUCTION IS NOW that may have their own auction/purchase policies and/or terms of services; by using these features/services you agree to be bound by their respective terms.
Members agree and acknowledge that an existing member cannot change personal information him or herself once it has been inputted into the AUCTION IS NOW Website System. The existing member must make a formal request by contacting administration through our form at https://auctionisnow.com/contact-us/.
Membership at AUCTION IS NOW is only open to individuals 18 years of age and older. Nevertheless, AUCTION IS NOW reserves the right to deny membership privileges to any individual, in its sole and absolute discretion.
4. DEALER AND SELLER ACCOUNTS
You will receive an account designation, along with its associated User ID and Password, upon completing the registration process. You are responsible for maintaining the confidentiality of your User ID and Password, and you are fully responsible for all activities that occur under your account.
You agree to immediately notify AUCTION IS NOW of any unauthorized use of your account or any other breach of security and to ensure that you exit from your account at the end of each session. AUCTION IS NOW cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
5. FEES, PAYMENT AND DELIVERIES
Both Buyers and Sellers agree to pay a nominal transaction fee for services rendered in connection with the purchase and sale of vehicles. It is the sole responsibility of the Buyer to verify fees charged by AUCTION IS NOW prior to incurring such charges. All fees and charges are subject to change without notice. Payment and delivery arrangements for vehicles are at the discretion of buyer and seller and AUCTION IS NOW bears no responsibility for these arrangements. AUCTION IS NOW transaction fees made towards placing a listing or bidding on a vehicle will be paid by both buyer and seller by credit card.
6. TERMS OF SALE POLICY
Members acknowledge and agree that the Buyer is responsible for all vehicles purchased through AUCTION IS NOW. Every selection and input of BID and BUY NOW is an customer’s obligation to purchase the vehicle.
Members agree and acknowledge that once a bid is placed and a vehicle is purchased by the Buyer, it can not be retracted, cancelled or deleted.
All transactions are in USD (United States Dollars).
7. AUCTION POLICIES
If Buyer bids on a vehicle, that Buyer is obligated to complete the transaction. Once a bid has been submitted, it cannot be retracted, deleted, or cancelled. AUCTION IS NOW is in no way responsible if a Buyer’s registration information, including ID and password is either lost, misplaced or stolen. AUCTION IS NOW is not responsible for any cancelled bids. AUCTION IS NOW still reserves the right to reject or void bids for any reason, in its sole and absolute discretion. Should a dispute arise regarding a bid, AUCTION IS NOW is the exclusive deciding authority with sole and absolute discretion in resolving disputes. Buyers agree to indemnify, defend, and hold AUCTION IS NOW harmless from any and all liability arising out of decisions made in resolving disputes. AUCTION IS NOW may, in its sole and absolute discretion and with or without notice, postpone or cancel a sale or withdraw a vehicle from auction. AUCTION IS NOW will neither have liability nor obligation to Buyers as a result of any vehicle withdrawal, or auction cancellation or postponement.
7.1 AUCTION IS NOW is NOT RESPONSIBLE for missing components or misrepresentations made by Sellers.
7.2 AUCTION IS NOW shall not be responsible for damage occurring to vehicles after the vehicle is puchased and/or transferred. Buyer will have been deemed to accept delivery of the vehicle in its present condition once the auction is completed and the vehicle is available to be picked up by the Buyer.
8. PURCHASE CANCELLATION POLICY
Buyers assume full responsibility for their bids and purchases. AUCTION IS NOW is not responsible for transactions between buyers and sellers and will not be involved in the final transaction process and vehicle transfer. Buyer and Seller agree to determine their own arrangements for final payment(s) and vehicle transfer and agree to hold AUCTION IS NOW harmless regarding those functions.
Buyers who fail to complete the transaction process are subject to the individual policies and legal procedures of the Sellers. Both Buyers and Sellers understand that AUCTION IS NOW is not responsible for unsuccessful purchases and transactions.
9. REFUND POLICY
Both Buyers and Sellers understand that once the bidding and/or Buy Now process has successfully concluded, they will each be charged the standard AUCTION IS NOW transaction fee regardless of whether the ultimate transaction between Buyer and Seller successfully concludes.
10. CHANGES IN LAW POLICY
Members agree and acknowledge that AUCTION IS NOW is not responsible and will not be held liable for any changes in the laws and regulations originating in the United States of America and the members agree to indemnify AUCTION IS NOW for any losses and/or damage resulting in changes in laws and regulations originating from the United States of America that may impact the transaction and/or service offered by AUCTION IS NOW.
11. USE OF AUCTION IS NOW CONTENT POLICY
Members agree and acknowledge that they will not use or reproduce any information on the AUCTION IS NOW website without the express written consent of AUCTION IS NOW. Members agree and acknowledge that the use or reproduction of any material on the AUCTION IS NOW website, without express written consent, constitutes an infringement of the intellectual property rights of AUCTION IS NOW with respect to said content.