Terms and Conditions

Last Updated: December 5, 2024

Important Notice

Please read these Terms and Conditions carefully before using the Auctiontrade.AI platform. By accessing or using our services, you agree to be bound by these terms.

1. Acceptance of Terms

By accessing and using Auctiontrade.AI ("Platform", "Service", "we", "us", or "our"), you accept and agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree to these terms, please do not use our Platform.

We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting. Your continued use of the Platform after changes are posted constitutes your acceptance of the modified terms.

2. Eligibility and Account Registration

2.1 Age Requirements

You must be at least 18 years old and legally capable of entering into binding contracts to use our Platform. By using the Platform, you represent and warrant that you meet these requirements.

2.2 Account Creation

To participate in auctions, you must create an account and provide accurate, complete information. You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access
  • Ensuring all information provided remains accurate and up-to-date

2.3 Account Verification

We may require identity verification and financial documentation before allowing you to place bids. Failure to provide requested verification may result in account suspension or termination.

3. Auction Participation

3.1 Bidding

When you place a bid, you enter into a legally binding contract to purchase the property if you are the winning bidder. All bids are final and cannot be retracted except in cases of clear error or fraud.

3.2 Buyer's Premium

A buyer's premium may be added to the final bid price. The specific percentage will be clearly disclosed in each property listing before bidding begins.

3.3 Deposits

Some auctions may require a deposit to participate. Deposit requirements and refund policies will be specified in the property listing. Winning bidders' deposits are typically applied toward the purchase price.

3.4 Proxy Bidding

Our Platform offers proxy bidding functionality. When you set a maximum bid, the system will automatically bid on your behalf up to your specified limit. You remain responsible for all bids placed through proxy bidding.

4. Property Listings

4.1 Information Accuracy

While we strive to provide accurate property information, all listings are provided "as is" without warranties of any kind. Buyers are responsible for conducting their own due diligence, including inspections, title searches, and legal review.

4.2 Property Condition

Properties are sold in their current condition unless otherwise specified. We recommend thoroughly reviewing all available documentation and conducting inspections before bidding.

5. Payment and Closing

5.1 Payment Terms

Winning bidders must complete payment according to the terms specified in the auction listing. Failure to complete payment may result in:

  • Forfeiture of deposit
  • Account suspension or termination
  • Legal action to enforce the purchase contract
  • Prohibition from future bidding on our Platform

5.2 Closing Process

Closing procedures and timelines vary by property and jurisdiction. Specific requirements will be outlined in the purchase agreement. Both parties must work in good faith to complete the transaction.

6. Seller Obligations

Sellers using our Platform agree to:

  • Provide accurate and complete property information
  • Disclose all known material defects
  • Provide clear title or disclose title issues
  • Complete the sale to the winning bidder according to auction terms
  • Pay applicable seller fees and commissions
  • Cooperate in the closing process

7. Prohibited Conduct

You agree not to:

  • Engage in shill bidding or bid manipulation
  • Create multiple accounts to circumvent rules
  • Interfere with auction operations or other users
  • Use automated systems to place bids without authorization
  • Misrepresent your identity or financial capability
  • Violate any applicable laws or regulations
  • Attempt to circumvent our fee structure
  • Scrape or harvest data from the Platform

8. Intellectual Property

All content on the Platform, including text, graphics, logos, images, software, and compilation, is our property or our licensors' property and is protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works, publicly display, or exploit any content without our express written permission.

9. Disclaimers and Limitation of Liability

9.1 Platform Availability

We strive to maintain Platform availability but do not guarantee uninterrupted access. We are not liable for any losses resulting from Platform downtime or technical issues.

9.2 No Warranties

THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.

10. Indemnification

You agree to indemnify, defend, and hold harmless Auctiontrade.AI, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising from your use of the Platform or violation of these Terms.

11. Dispute Resolution

11.1 Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles.

11.2 Arbitration

Any disputes arising from these Terms or use of the Platform shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, except where prohibited by law.

11.3 Class Action Waiver

You agree to resolve disputes on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration.

12. Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, suspected fraud, or any other reason we deem necessary to protect the Platform and its users.

Upon termination, your right to use the Platform immediately ceases. Provisions that by their nature should survive termination shall remain in effect.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Auctiontrade.AI regarding use of the Platform.

13.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

14. Contact Information

For questions about these Terms and Conditions, please contact us at:

AuctionTrade.AI, LLC.

2525 Embassy Dr South Suite 15

Hollywood, FL 33026

License # CQ 1056356

Email: sales@auctiontrade.ai

Phone: 305.871.9896

Your Rights and Protection

We are committed to protecting your rights and ensuring fair treatment. If you have concerns about these terms or believe they have been violated, please contact our team.

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