Terms & Conditions Agreement Between Buyer and Firefly Crossing Auction
Firefly Crossing Auction is offered to you based on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Firefly Crossing Auction constitutes your agreement to all such terms, conditions, and notices and mentioned below.
REGISTRATION- All bidders are first required to register with our online bidding software. To register, you will need a valid email address and credit card. This is a one-time registration. Once registered, you will receive a permanent bidder number, which you will use on all future Firefly Crossing auctions.
ITEM REPRESENTATION- Descriptions, photos and any other information given by Firefly Crossing or one of its agents, is solely for informational purposes. Firefly Crossing is not responsible for inaccurate photos, descriptions or information, verbal or implied. Bidders are encouraged to view items, ask questions, and to do their own research prior to bidding. All items in the Auction are sold “As Isâ€, “Where Is†with no warranty expressed or implied, unless otherwise notated. By placing a bid, you agree to hold Firefly Crossing and its agents harmless of any wrong doing.
AS_IS - Merchandise is sold AS-IS and must be inspected prior to leaving Firefly Crossing premises. Once the merchandise has left the premises, there will be no chargebacks, credit, or refunds allowed. ALL SALES ARE FINAL. This includes items with general condition and or cosmetic issues.
UNTESTED –This means the item turned on, lit up, etc. but is being sold without a warranty of any kind. Due to the nature of this item, we are unable to verify this items continued working ability or we were unable to test this item for functionality over time. There will be no refunds, chargebacks, or credit issued for this item after auction.
LIABILITY- View and bid at your own risk. Firefly Crossing, LLC is not responsible for injury or damage of any kind, to anything or anyone, while previewing, bidding, loading out, or conducting business. Additionally Firefly Crossing, LLC is not responsible for injury or damage of any kind to anyone or anything relating to items obtained from Firefly Crossing, LLC By placing a bid, you agree to hold Firefly Crossing and its agents harmless regardless of opinion.
REMOVAL OF ITEMS- All items must be picked-up and removed within the specified days listed within the details of each individual auction following the close of the auction. Winning bidders must be prepared to load and transport their items with their own boxes, packing materials and labor. Shipping arrangements made through Firefly Crossing or third party packing companies are at their own expense. If items are not removed within specified time frame following the auction, items will automatically be forfeited without refund or credit unless prior arrangements have been made.
SHIPPING – Where shipping is provided, Firefly Crossing will not be held responsible for any damages caused by transport by a third party carrier. Firefly Crossing does add appropriate insurance to items when shipping. Any damage to items will be the sole responsibility of the recipient to contact the third party carrier in order to place a claim on the insurance. No refunds will be issued via Firefly Crossing, LLC.
TERMS OF THIS CONTRACT- Firefly Crossing LLC Reserves the right to change this agreement during or after the auction, as unforeseen circumstances arise and must be dealt with accordingly. Firefly Crossing LLC also reserves the right to postpone, extend, or cancel any auction, bid, or items in auction at anytime with out prior notice. If a lot is offered subject to a reserve, we may implement such reserve by bidding on behalf of the consignor, whether by opening bidding or continuing bidding in response to other bidders until reaching the reserve. If we have an interest in an offered lot and the proceeds there from other than our commissions, we may bid therefore to protect such interest. CONSIGNORS ARE NOT ALLOWED TO BID ON THEIR OWN ITEMS. By bidding, you agree that Firefly Crossing gets the final say so in any disputes that may arise.
LINKS TO THIRD PARTY SITES
Firefly Crossing contains links to other Web Sites ("Linked Sites") (Paypal, Facebook). The Linked Sites are not under the control of Firefly Crossing is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Firefly Crossing is not responsible for webcasting or any other form of transmission received from any Linked Site. Firefly Crossing is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Firefly Crossing of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of Firefly Crossing Auction you warrant to Firefly Crossing that you will not use the Auction Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Firefly Crossing Auction Site in any manner which could damage, disable, overburden, or impair the Auction Site or interfere with any other party's use and enjoyment of the Auction Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Auction Site.
USE OF COMMUNICATION SERVICES
Firefly Crossing Auction may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
Firefly Crossing Auction has no obligation to monitor the Communication Services. However, Firefly Crossing reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Firefly Crossing reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Firefly Crossing reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Firefly Crossings sole discretion.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Firefly Crossing OR POSTED AT ANY Firefly Crossing SITE
Firefly Crossing does not claim ownership of the materials you provide to Firefly Crossing, (including feedback and suggestions) or posts, uploads, input or submissions to any Firefly Crossing Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ,Firefly Crossing, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Firefly Crossing is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Firefly Crossings sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Firefly Crossing Auction SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Firefly Crossing AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Firefly Crossing Auction SITE AT ANY TIME. ADVICE RECEIVED VIA THE Firefly Crossing Auction SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Firefly Crossing Auction AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Firefly Crossing Auction SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Firefly Crossing AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Firefly Crossing AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF Firefly Crossing Auction SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH Firefly Crossing Auction SITE, OR OTHERWISE ARISING OUT OF THE USE OF Firefly Crossing Auction SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Firefly Crossing OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF Firefly Crossing Auction SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING Firefly Crossing Auction SITE.
SERVICE CONTACT : fireflycrossing@gmail.com
TERMINATION/ACCESS RESTRICTION
Firefly Crossing reserves the right, in its sole discretion, to terminate your access to the Firefly Crossing Auction Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Arizona, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Maricopa County, AZ, U.S.A. in all disputes arising out of or relating to the use of the Firefly Crossing Auction Site. Use of the Firefly Crossing Auction Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Firefly Crossing as a result of this agreement or use of the Firefly Crossing Auction Site. Firefly Crossings performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Firefly Crossings right to comply with governmental, court and law enforcement requests or requirements relating to your use of Firefly Crossing Auction Site or information provided to or gathered by Firefly Crossing with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Firefly Crossing with respect to the Firefly Crossing Auction Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Firefly Crossing with respect to the Firefly Crossing Auction Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Firefly Crossing Auction Site are: © 2020 by Firefly Crossing LLC and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
