Terms and Conditions

For

Keys Auction Services, LLC

These Terms and Conditions (these "Terms"), together with our Privacy and Cookie Policy, govern your access to and use of INSERT WEBSITES AND BRANDS (collectively our "Sites"), including all services we now offer or may offer in the future through the Sites (our "Services"). Our Sites and Services are provided by Keys Auction Services, LLC., a Florida corporation with a registered address of 1201 Thompson St, Key West, Florida, 33040, USA ("Keys Auction Services," "we," "our," or "us"). "(Y)ou" or "your" refers to the user accessing and using our Sites and Services, and may refer to an individual or an entity.

These Terms and Conditions affect your legal rights against KAS. You should read the entire Terms and Conditions carefully before accepting them. By placing a bid in an auction and/or listing an item for sale on a KAS website, you represent and warrant to KAS that you have read and understood the Terms and Conditions in their entirety and that you agree to be bound by them in all respects.

 

I. DISCLAIMERS

A. Item Information and Condition Disclaimer.

Except as otherwise expressly provided by applicable law, ALL ITEMS ARE SOLD “AS-IS WHERE-IS.”

Except as otherwise expressly provided by applicable law, all items sold through KAS websites are sold “AS-IS WHERE-IS,” WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. As used in these Terms and Conditions, “item(s)” means all items posted for sale on KAS websites, including but not limited to tractors, heavy equipment, parts, trailers, collectibles, cars, trucks, motorcycles, boats, jet skis, industrial equipment, trailers, RV’s, etc.

KAS websites serve as ways for Sellers and Buyers to facilitate communications and in no event do we inventory or sell items. We make no warranty that any item(s) will meet your particular need or will properly function upon receipt of said item(s).

To the fullest extent permissible by law, KAS makes no representations or warranties of any kind for any items or services or for any security around the transmission of sensitive information through KAS websites.

KAS does not review Seller item descriptions for accuracy. Any item information provided by Sellers on our sites is for convenience only. You acknowledge and agree that hold KAS responsible for the content provided in any item listing. We have no control over the accuracy of listed item information provided by users of our KAS websites.

B. Disclosure of User Information. Each user expressly agrees that KAS may, if and to the extent necessary to comply with applicable law, disclose information regarding KAS users and regarding transactions conducted by users through KAS websites if requested to do so in any judicial or administrative proceeding or by any governmental agency or regulatory authority (whether by deposition, interrogatory, request for documents, subpoena, civil investigative demand, or otherwise).

II. USERS

A. Eligibility. You may sign up as a user at KAS if you are at least 18 years of age. In addition, state-specific registration requirements and applicable laws, regulations, and restrictions may further limit user sign up and purchasing eligibility. KAS reserves the right to deny user privileges in its sole and absolute discretion.

B. Accounts. If you use our KAS websites as a User you must register with us and you will be assigned to a user account. By registering with KAS and/or using our KAS websites as a User, you represent and warrant that you (a) will abide by all of the terms set forth herein; (b) will not provide false, deceptive, fraudulent, fictitious, or misleading information about yourself or the items, if any, that you list for auction (the Items”); (c) will not create any username or post any information on our KAS websites that is offensive, rude, disparaging, intended to deceive or delude other users/visitors, threatening, abusive, harassing, hateful, defamatory, pornographic, political, racist, or otherwise unlawful or offensive, or that does not generally pertain to the designated topic or theme; and (d) will maintain the security of your user information and password associated with your account and notify us immediately if you suspect that such security has been breached, and accept all risks of authorized and unauthorized access to your account and the information you provide to us

C. Account Activity. Accounts are non-transferable. Users are responsible for all account activity, including, without limitation, all items listed for sale and any bids placed under the user’s username and password through KAS websites. A user’s account may not be transferred or assigned to any other person or entity. The user shall promptly notify KAS, in writing, in the event the user’s account or username and password are used without authorization. The user shall be responsible for all account activity and charges incurred prior to receipt of written notice from the user of the unauthorized activity.

D. Acceptable Usage. You may access and use our KAS websites solely to list Item(s) for sale, conduct or participate in auctions and view Item(s) for your potential bidding and purchase.

E. Use as a Seller. You acknowledge and agree to the following when using KAS websites as a Seller.

a. You are solely responsible for any Listed Item(s) that you place for auction on our KAS websites;

b. You will not list any Listed Item(s) through our Services that are illegal to use, possess, auction or sell under any applicable law, rule or regulation;

c. You have legal right, title, and ownership the Item(s) and are authorized to sell said Item(s);

d. You assert the listings you place on KAS websites are represented completely and accurately and all relevant information relating to your Item(s) has been properly disclosed, including but not limited to, brand or manufacturer name or other indication of origin or manufacture, or certification, and you shall be responsible for any such inaccuracies, errors, or omissions regardless of intent;

e. Your Item(s) will not contain links to or a description of other items that you may have for sale outside of our KAS websites;

f. Your Item(s), while actively for sale on KAS websites will not be simultaneously listed for sale on any website or publication;

g. Any Item(s) not sold upon completion of an auction may be relisted by paying us our then-current fees and expenses;

h. Item(s) must be the actual items and not mere examples of items. Multiple items on a listing are not allowed, except in the case of multiple quantities of the exact Item(s). One item per listing;

i. You may have an option to set the opening bid price or a minimum bid price for some Items. Additional fees may apply;

j. You may post specific terms and conditions of sale for your Item(s) ("Additional Seller Terms"). Additional Seller Terms are between you and a Buyer and are separate from these Terms and Conditions. You are solely responsible for creating, reviewing and understanding your Additional Seller Terms. We do not review nor enforce any Additional Seller Terms. We do not represent or guarantee that any Additional Seller Terms will be legally enforceable against a Buyer.

k. You understand and acknowledge that KAS does not guarantee any Buyer will bid on your Item(s), that your Item(s) will sell, or that the winning Buyer will pay you for the Item(s); and

l. You acknowledge the actual purchase and sale of Item(s) on KAS websites, is and shall remain the sole responsibility of the Seller who placed the Item(s) for auction and the Buyer who had the winning bid. The Seller must coordinate the purchase and sale of the Item(s) directly with the Buyer who is the winning Buyer for the Item(s). You assume all risk and liability associated with any agreement(s) you enter into with the Buyer. KAS is not a party to, and does not facilitate, the purchase nor sale of any Item(s) on KAS websites.

F. Use as a Buyer. You acknowledge and agree to the following when using KAS websites as a Buyer.

a. KAS is not the seller or auctioneer of the Item(s) on our KAS websites. We do not inspect Item(s), confirm a Seller's ownership of or authority to sell Item(s), or provide any representations or warranties concerning Item(s).

b. Bidding on any Item(s) is conducted at your own risk, and the resulting transaction for Item(s) is solely between you and the Seller.

c. KAS does not endorse, control, or direct Sellers. KAS will not be liable for Item(s) for sale on our KAS websites that you bid on, the acts or omissions of Sellers, or for any transactions between you and a Seller. It is your responsibility to verify all claims of the Seller.

d. KAS website auction dates, information, descriptions, terms, and prices for Item(s) are determined by the Seller and may be subject to change. KAS does not inspect or confirm the condition of the Item(s). Seller information provided about any Item(s) may be limited, missing, or false. KAS does not guarantee that Sellers comply with applicable laws, rules, or regulations. As a Buyer you must take appropriate steps to verify the accuracy of the Listed Item descriptions to limit your risk exposure. KAS is not responsible for any errors or omissions related to the description of any Item(s). KAS does reserve the right, in our sole discretion, to remove any Item(s) from our KAS websites for any reason.

e. Sellers sometimes include additional terms associated with Item(s) on our KAS websites. A Seller may post additional terms and conditions related to their Item(s) (the “Additional Seller Terms”). Additional Seller Terms are between you and the Seller and are separate from these Terms and Conditions. You are solely responsible for reading and understanding any Additional Seller Terms prior to placing a bid on such Item(s). KAS does not review nor enforce any Additional Seller Terms. If you do not agree to the Item(s) associated Additional Seller Terms, you should not place a bid on the Item(s).

f. Sellers may impose additional fees related to loading, shipping, storage, and other similar items. These fees are set by the Seller and are solely between Buyer and Seller.

g. KAS is not responsible for the loading, transportation, or delivery for any Item(s). We are not responsible for the risk of loss, or actual loss, of item(s) at any time. The Buyer with the winning bid will be responsible for compliance with all laws and requirements applicable to the transportation of Item(s) unless otherwise stated in any associated Additional Seller Terms. The Buyer with the winning bid will also be responsible for all transportation related costs on the Item(s).

E. Prohibited Uses. As part of our KAS websites, we may provide access to data, information, and content relating to Item(s) available for auction, including without limitation current and historical Item(s) and related information, materials, and content (our "Information"). You must not:

1. 1. modify or alter any Information, content, materials or portions of our Sites or Services in any way
   2. remove any indications of ownership from any Auction Information or content which came from our KAS websites, or claim it as your own or as that of any other entity or individual
   3. access, or attempt to access, parts of our KAS websites that are not intended for public use (including but not limited to website administration areas)
   4. modify, adapt or reverse engineer any aspect of our KAS websites Information, to include web scraping, data extraction, or harvesting of Information.
   5. use any bots, or similar technology, to access our KAS websites, or collect, copy or record our Information or content off our KAS websites
   6. extract reports from our KAS websites Information other than records relating to your account history;
   7. use our Information or our KAS websites in competition with us, to develop competing products or services, or otherwise to our detriment or commercial disadvantage;
   8. identify us or display any portion of our Information from KAS websites on any site or service that infringes any of our intellectual property or other rights;
   9. bypass any security measures we may use to prevent or restrict access to our KAS websites, including but not limited to bot exclusion headers;
   10. attempt to disrupt or interfere with KAS websites in any way or with by utilizing user’s/visitor’s use of our KAS websites as a means of disrupting or interfering with other entities’ websites or networks;
   11. willfully corrupt any Information, data, or content available through our KAS websites, including, but not limited to, transmitting or distributing virus onto our KAS websites.

F. Compliance with Law. Users shall comply with all applicable laws, statutes, ordinances, and regulations regarding their use of KAS websites, including but not limited to laws and regulations regarding the transportation, storage, transfer, resale, dismantling, or retitling of a purchased items. All fines, penalties, fees, and other amounts assessed by a governmental authority as a result of a user’s failure to so comply (collectively, “Fines”), including but not limited to parking citations, toll road violations, tax liens, and impound fees, are the User’s sole responsibility and each User hereby agrees to indemnify and hold harmless KAS from and against all such Fines. KAS may assess a processing fee of $75 per item against the User’s account for the receipt and processing of citations, notices, and other legal documents pertaining to Fines. In addition, failure to comply with applicable laws and regulations, including by the timely payment or other resolution of all outstanding Fines relating to a User’s purchases, may result in the User’s buying privileges being suspended or revoked by KAS.

G. User Revocation. KAS reserves the right to inactivate, suspend or revoke a User’s account for any reason, in its sole and absolute discretion.

H. Release of Liability and Indemnification. Users irrevocably and unconditionally waive and release their rights (if any) to recover from KAS, its directors, officers, employees, representatives, agents, subsidiaries, partners, and affiliates (“KAS Indemnitees”) any and all damages, losses, liabilities, costs, expenses, or claims, whether direct or indirect, known or unknown, or foreseen or unforeseen, which may arise from or be related to buying or selling items on KAS websites. Users agree to indemnify, defend, and hold KAS Indemnitees harmless from any and all damages, losses, liabilities, costs or expenses (including attorneys’ fees) arising from claims made by the Users. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL KAS INDEMNITEES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM OR ARE RELATED TO THE SALE, DISTRIBUTION, USE OF, OR INABILITY TO USE, ANY ITEM, EVEN IF KAS INDEMNITEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Users and visitors who are California residents waive California Civil Code §1542, which reads: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

I. Marketing and Promotional Materials. Members agree they have affirmatively requested to receive marketing and promotional materials via mail, email, push email, facsimile, app, social, media, text message or other then-current methods of communication.

III. SALE POLICIES

A. Bidding. You understand, acknowledge and agree that:

a. When you submit a bid using KAS websites, your bid will be presented to the Seller and may be viewed by the Seller as a firm commitment and an irrevocable offer to purchase. If you have the winning bid, the Seller may hold you legally obligated to complete the transaction unless otherwise prohibited by law or regulation.

b. The Seller that is offering Item(s) for sale via our KAS websites makes the sole and final determination with respect to the sale of Item(s).

B. Bid Rejection. KAS reserves the right to reject or void bids for any reason, in KAS’ sole and absolute discretion. Users agree to indemnify, defend, and hold KAS harmless from any and all liability arising out of decisions made in rejecting or voiding bids.

C. Sale Cancellation and Item(s) Removal. KAS may, in its sole and absolute discretion and with or without notice, postpone or cancel an item from sale or withdraw an Item(s) from sale. KAS will have no liability or obligation to Users as a result of any item withdrawal or sale cancellation or postponement.

D. Minimum Bids. If the seller designates a vehicle as having a Minimum Bid for a vehicle and the high bid in the auction is less than the Minimum Bid amount, then the vehicle will not be released to the Buyer with the high bid unless and until the Seller and Buyer are in agreement and negotiate the sale at a price lower than the stated Minimum Bid.

E. Bids Entered. Once a bid has been submitted, it cannot be retracted, deleted, or cancelled.

F. Shill Bidding. Attempting to influence the price of Item(s), directly or indirectly, by colluding with other Buyers, bidding through multiple user credentials, or any other manipulative act is prohibited.

G. Foreign Corrupt Practices Act. All Users are subject to the provisions of the U.S. Foreign Corrupt Practices Act of1977 (“FCPA”), which prohibits the making of corrupt payments. Under the FCPA, it is unlawful to pay or to offer to pay anything of value to foreign government officials, or employees, or political parties or candidates, or to persons or entities that will offer or give such payments to any of the foregoing in order to obtain or retain business or to secure an improper commercial advantage. Users engaging in Export Transactions shall not take actions, or permit actions to be taken on their behalf, which would constitute a violation under the FCPA.

IV. FEES AND PAYMENT

A. Fees . All Users agree to pay the fees applicable to each Item listing and/or purchase. The current fee schedules may be accessed by registered Users by using the “Fees” link on KAS websites. Fees apply to all Items purchased or sold. All fees are subject to change without prior notice. The User is solely responsible for ascertaining applicable fees prior to selling or bidding on an Item.

B. Payment. Payment fees may be made by credit card via Stripe. Payment for an Item(s) to a Seller will be arranged and negotiated directly between Seller and Buyer. KAS does not accept payment on behalf of Sellers for any Item(s). All payment arrangements for Item(s) are solely between Seller and Buyer and KAS is not party to those transactions.

VI. CHOICE OF LAW AND VENUE; ENTIRE AGREEMENT

A. Forum Selection, Venue, Jurisdiction, Choice of Law, and Service of Process . The User acknowledges and accepts the following as express conditions to using KAS websites:

1. Any action or proceeding arising directly or indirectly out of an Item sale, bid ,or purchase transaction shall be conducted in Monroe County, Florida, and the substantive laws of the State of Florida will apply to such actions and proceedings.
2. The User consents to the forum selection, choice of law, jurisdiction, and venue provisions described above.
3. The User consents to service of process by certified or registered mailing of the summons and complaint to the last address provided by the User to KAS.

B. Entire Agreement. These Terms and Conditions constitute the entire and sole agreement between the User and KAS with respect to the subject matter hereof. There have been no representations, warranties, or promises given or made that are not set forth in these Terms and Conditions.