WEBSITE REGISTRATION AND USE
TERMS AND CONDITIONS
INTRODUCTION
These Terms and Conditions ("Terms") govern your registration, access, and use of our website and services. By registering for an account or using our website in any way, you agree to be bound by these Terms in their entirety. Your continued use of the website constitutes acceptance of these Terms. Please read these Terms carefully before proceeding with registration or continued use of our services.
1. ACCOUNT REGISTRATION
1.1. Age Requirement: You must be at least 18 years of age to register for an account.
1.2. Account Information: During registration, you are required to provide accurate, complete, and current information. It is your responsibility to maintain and update this information.
1.3. Account Security: You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately in writing of any unauthorized use of your account.
1.4. Verification: We reserve the right to verify your identity and the information provided during registration through appropriate means.
2. BIDDING TERMS
2.1. Bid Acceptance: ALL BIDS ARE SUBJECT TO ACCEPTANCE BY THE AUCTIONEER. NO BID SHALL BE DEEMED A VALID BID UNTIL ACCEPTED BY THE AUCTIONEER. ALL BIDS ARE ACCEPTED AT THE SOLE DISCRETION OF THE AUCTIONEER.
2.2. Binding Offers: BY PLACING A BID, YOU ACKNOWLEDGE THAT YOUR BID IS A LEGALLY BINDING OFFER TO PURCHASE THE ITEM OR PROPERTY BEING AUCTIONED. Once placed, bids cannot be withdrawn for any reason.
2.3. Payment Obligation: IF YOU ARE THE SUCCESSFUL BIDDER, YOU AGREE TO PAY THE AMOUNT OF YOUR BID PLUS ALL APPLICABLE TAXES AND PREMIUMS IN ACCORDANCE WITH ALL WRITTEN OR ORAL TERMS AND CONDITIONS OF THE AUCTION.
2.4. Software Limitations: NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR THE AUCTION COMPANY SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON.
2.5. Pending Status: ALL BIDS SHALL BE DEEMED PENDING UNTIL DULY ACCEPTED BY THE AUCTIONEER.
2.6. Auctioneer Discretion: THE AUCTIONEER HAS THE SOLE DISCRETION TO ADVANCE THE BIDDING AND MAY REJECT ANY AND ALL BIDS WHICH, IN THE AUCTIONEER'S SOLE DISCRETION, DO NOT ADVANCE AND/OR ARE INJURIOUS TO THE AUCTION, INCLUDING BUT NOT LIMITED TO NOMINAL, SUSPICIOUS AND/OR SUSPECT ADVANCES.
2.7. Bidding Disputes: THE AUCTIONEER SHALL HAVE SOLE DISCRETION IN DECIDING THE SUCCESSFUL BIDDER IN THE EVENT OF A BIDDING DISPUTE. AUCTIONEER'S DETERMINATION OF THE SUCCESSFUL BIDDER SHALL BE THE FINAL DETERMINATION OF THE SUCCESSFUL BIDDER.
2.8. Acceptance of Terms: BY PLACING A BID, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS WHICH MAY BE SET FORTH BY EACH INDIVIDUAL AUCTION COMPANY AND EXPRESSLY ACKNOWLEDGE AND AFFIRM THAT YOU HAVE READ AND ARE FAMILIAR WITH THE TERMS AND CONDITIONS OF EACH INDIVIDUAL AUCTION COMPANY INVOLVED AS WELL AS THESE TERMS AND CONDITIONS.
2.9. Finality of Sales: ALL SALES ARE FINAL UPON THE DETERMINATION OF THE SUCCESSFUL BIDDER BY THE AUCTIONEER.
2.10. Time Sensitivity: TIME SHALL BE OF THE ESSENCE in all transactions.
3. PAYMENT AND PICKUP
3.1. Payment Methods: Payment must be made in US Dollars (USD) through acceptable payment methods, which may include cash, credit card, wire transfer (subject to processing fees), or personal/company check accompanied by valid identification.
3.2. Payment Timeline: Full payment must be made within the timeframe specified for each auction, typically on the day of the auction or within designated pickup days.
3.3. Buyer's Premium: A buyer's premium will be added to all successful bids. The specific percentage will be disclosed for each auction.
3.4. Pickup Responsibility: It is the buyer's responsibility to pick up purchased items within the designated pickup timeframe. Buyers are responsible for loading their own purchases.
3.5. Non-Pickup: Items not picked up within the designated timeframe will be considered abandoned and shall become the property of the auction company with no refund.
3.6. Non-Payment: For non-paying bidders, the credit card on file will be charged for any open invoices after the designated payment period. Failure to pay may result in legal action and permanent suspension of bidding privileges.
4. CONDITION OF ITEMS
4.1. As-Is Basis: THERE SHALL BE NO RETURNS OR EXCHANGES. ALL PROPERTY IS SOLD "AS-IS". IT IS THE BIDDER'S RESPONSIBILITY TO DETERMINE THE NATURE, CONDITION AND STATE OF TITLE OF EACH ITEM PURCHASED.
4.2. No Warranties: DISCLAIMER OF WARRANTIES: THERE ARE NO UNDERSTANDINGS, AGREEMENTS, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED NOT SPECIFIED HEREIN, RESPECTING THIS CONTRACT OR THE ITEM OR PROPERTY SOLD HEREUNDER, INCLUDING BUT NOT LIMITED TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.3. Inspection: Buyers are strongly encouraged to physically inspect all items before bidding. Failure to inspect an item before bidding will not be grounds for any refund, adjustment, or cancellation of a sale.
5. LEGAL MATTERS
5.1. Attorney Fees: THE SUCCESSFUL PURCHASER AGREES TO PAY ANY AND ALL REASONABLE ATTORNEYS FEES AND COSTS INCURRED BY THE AUCTION COMPANY, THE SELLER AND/OR THEIR SERVANTS, AGENTS OR EMPLOYEES IN THE COMMENCEMENT OR DEFENSE OF ANY ACTIONS HEREUNDER AS WELL AS IN THE COLLECTION OF ANY OBLIGATIONS HEREUNDER.
5.2. Jurisdiction: VENUE & JURISDICTION OF ALL DISPUTES. ANY AND ALL DISPUTES WHICH MAY ARISE BY VIRTUE OF THIS AUCTION SALE OR STEMMING FROM THIS AUCTION SALE SHALL BE IN THE STATE COURT OF MONTANA OR YELLOWSTONE COUNTY, MONTANA.
5.3. Governing Law: CHOICE OF LAW: THE LAW OF THE STATE OF MONTANA SHALL GOVERN THE INTERPRETATION OF ANY AND ALL DISPUTES OR OTHER MATTERS RELATING TO THE SUBJECT SALE AND/OR STEMMING FROM THIS AUCTION SALE.
5.4. Relationship Disclaimer: BIDDER ACKNOWLEDGES THAT NO RELATIONSHIP OF ANY NATURE OR TYPE, AGENT, EMPLOYEE, INDEPENDENT CONTRACTOR OR OTHERWISE, IS CREATED BETWEEN BIDDER AND AUCTIONEER, AFFILIATED AUCTION COMPANIES, AFFILIATED SOFTWARE COMPANIES AND/OR ANY SERVANT, AGENT OR EMPLOYEE OF THE SAME BY BIDDER'S PARTICIPATION IN THIS AUCTION.
5.5. Agency Disclosure: BIDDER ACKNOWLEDGES AND AGREES THAT AUCTIONEER IS ACTING SOLELY AS THE AGENT FOR THE SELLER IN THIS AUCTION.
6. ACCOUNT RESTRICTIONS AND TERMINATION
6.1. Account Suspension: We reserve the right to suspend or terminate your account at any time for any reason, including but not limited to:
- Violation of these Terms
- Non-payment for auction items
- Fraudulent bidding activity
- Providing false information
- Any activity deemed harmful to the website, other users, or the auction process
6.2. Consequences of Termination: Upon account termination, you will lose access to all services and features associated with your account. Any pending transactions may be cancelled at our discretion.
6.3. Reporting to Third Parties: In cases of fraudulent activity or non-payment, we reserve the right to share your registration information with other auctioneers and relevant public forums to prevent future fraudulent activity.
7. PRIVACY AND COMMUNICATIONS
7.1. Data Collection: When you register and interact with our website, we collect certain data including but not limited to:
- Personal information (name, email address, phone number, mailing address)
- Browsing behavior and activity
- Device information (type of device, browser, IP address)
- Location data
- Preferences and auction interests
- Transaction and bidding history
7.2. Data Usage: This information is used to improve your experience, customize content, process transactions, and for marketing purposes.
7.3. Marketing Communications: I AGREE TO RECEIVE EMAILS AND TEXT MESSAGES (MSG & DATA RATES MAY APPLY) REGARDING CURRENT & UPCOMING AUCTIONS. You may opt out of these communications at any time by updating your account preferences or contacting us.
7.4. Third-Party Sharing: We may share certain data with third-party marketing services, including social media platforms, to deliver targeted advertisements related to auctions and items that may interest you.
8. LIMITATION OF LIABILITY
8.1. General Limitation: 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.
8.2. Risk Assumption: Users participate in preview, bidding, and pickup activities at their own risk and agree to release the auction company and its agents from any liability regarding the condition and location of the property being offered for sale.
8.3. Safety Responsibility: Users are solely responsible for their own safety and are encouraged to exercise caution during preview and pickup.
9. INDIVIDUAL AUCTION TERMS
9.1. Supplemental Terms: Each individual auction may have its own specific terms and conditions that supplement these general Terms. These auction-specific terms may include, but are not limited to:
- Specific bidding increments
- Special payment requirements or options
- Unique pickup arrangements and schedules
- Item-specific warranties or disclaimers
- Additional buyer's premiums or fees
- Special inspection requirements
- Extended or limited bidding timeframes
9.2. Binding Nature: By participating in any auction, you agree to be bound by both these general Terms and the specific terms associated with that particular auction.
9.3. Conflicts: In the event of a conflict between these general Terms and the specific terms for an individual auction, the specific terms for that auction shall take precedence, but only with respect to that particular auction.
9.4. Notification: Auction-specific terms will be made available to you prior to or during the auction process. It is your responsibility to review and understand these specific terms before placing any bids.
10. MODIFICATIONS TO TERMS
9.1. Updates: We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting to the website.
9.2. Notice: We will make reasonable efforts to notify users of significant changes to these Terms, but it remains your responsibility to review these Terms periodically.
9.3. Continued Use: Your continued use of our website following the posting of revised Terms means that you accept and agree to the changes.
10. MISCELLANEOUS PROVISIONS
10.1. Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
10.2. Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights under these Terms without condition.
10.3. Entire Agreement: These Terms constitute the entire agreement between you and us regarding your use of our website and services, superseding any prior agreements.
10.4. Contact Information: Questions about these Terms should be sent to our designated contact address provided on our website.
BY REGISTERING FOR AN ACCOUNT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Last Updated: 8/6/2025