Online Personal Property Terms & Conditions

1.1 Acceptance.

Please read the Terms and Conditions (“Terms & Conditions”) carefully. By accessing www.auctionohio.com (“Website”) and by participating in an online or simulcast auction, you consent to both these Terms & Conditions and the Privacy Policy (“Privacy Policy”). These Terms & Conditions constitute a binding legal agreement between you as the user (“You”, “Your” or “Bidder”) and the Auction Ohio Bidding Platform, subsidiaries, and affiliates (Collectively, “Auction Ohio”, “We”, “Us” or “Our”). These Terms & Conditions set forth the legally binding terms for your use of the bidding platform and shall apply to all users of the website. By using this website, you agree to and are bound by these Terms & Conditions.

1.2 Additional Terms.

You will be required to agree to additional terms and conditions on a per auction basis. These additional terms and conditions are not the complete terms and conditions and are intended to show a clear representation as the unique terms and conditions of a particular auction. These additional terms are hereby incorporated into the bidding platform’s Terms & Conditions as an integral part hereof.

1.3 Modification of Terms.

Auction Ohio may modify these Terms & Conditions at any time and such modification shall be effective upon being posted onto the bidding platform. You agree to be bound to any changes to these terms when you use www.auctionohio.com after any such modification is posted. It is therefore important that You keep Yourself up to date with the Terms & Conditions and any changes to them.

2.1 Use of the Website

You accept responsibility for all your activities using the website, including your conduct on the website and all content you may submit, post, or share via the website. You may not use the website for any unauthorized or illegal purpose. You further agree not to copy, reproduce, or publicly display any content from the website outside the functions of the website without first obtaining written permission from Auction Ohio.

2.2 User ID and Password.

To access some features of the website, you will have to create a Bidder Profile. You should never use someone else’s Bidder Profile. You are responsible for maintaining the security of your Bidder Profile, password and any personal account information including past purchase invoices. You are solely responsible and liable for the activity and purchases that occur under your User ID. Auction Ohio will not be held responsible for losses caused by any unauthorized use of your account; furthermore, you will be held liable for the losses to Auction Ohio or others due to such unauthorized use.

If Your Bidder Profile account has been compromised, it is Your responsibility to notify Us immediately of any unauthorized use on Your account.

3.1 Registration.

If You would like to participate in our auctions, you must register as a bidder. You agree to provide true, accurate, current, and complete information about yourself and/or entity as applicable, as requested during the registration process.

3.2 Requirements.

By using the bidding platform, you represent and warrant that (a) all registration information is truthful and accurate; (b) You will maintain the accuracy of such information; and (c) You are 18 years of age or older and have full legal capacity to complete such contractual action without need for any additional approval or consents.

4.1 Questions About an Auction

Please direct questions to the Auctioneer or Firm conducting the auction.

4.2 Email and Text Communication.

Auction Ohio and our Affiliated Auctioneers and/or Auction Firms reserve the right to send messages to you to inform you of (a) your registration confirmation, purchase notification(s) and/or past due notification(s); (b) changes or additions to the website, auctions, items, or Terms & Conditions; or (c) any other matter related to the bidding platform, auctions, items, and/or Terms & Conditions. You consent to receive such emails at the email address you enter your Bidder Profile.

You may choose to receive watchlist and outbid alerts by text or email message during the registration process in your Bidder Profile. By opting-in for alerts and messaging you consent to receive text and email messages by automated means from the bidding platform. This service is free however message and data rates may apply. The bidding platform does not guarantee delivery of text and email messaging and such messaging is subject to the performance of the carrier.

4.3 Telephone Communication.

By agreeing to the Terms & Conditions, you acknowledge that we and/or our Auctioneers and Auction Firms may contact you via telephone (either by a live person, automatic dialer, prerecorded message, or a combination of the foregoing) to discuss the website, auctions, items, or your account.

4.5 Direct Mail Communication.

Auction Ohio and/or Our Affiliate Auctioneers and Auction Firms may send You promotional information about upcoming auctions. If at any time you do not wish to receive these communications, please e-mail us at support@auctionohio.com.

All assets are sold AS IS, WHERE IS, with NO WARRANTY expressed or implied.

6.1 Binding Offer. (Contract)

Placing a bid creates a contract between you and the seller, subject to a higher bid being placed prior to the end of bidding. The contract (bid) cannot be rescinded once the auction for the item ends.

6.2 Participation.

IT IS IMPORTANT THAT YOU FAMILIARIZE YOURSELF WITH THE TERMS & CONDITIONS FOR AUCTIONS YOU ARE PARTICIPATING IN.You can bid prior to the auction end time or bid while the auction is in the progress of closing.

6.3 Placing a Bid.

Bids are placed by:

1. Placing a quick bid (the next required bid). To place the next required bid simply click on the quick bid box. There’s a pop-up window that will ask you to confirm the bid.
2. Placing an exact bid (an exact bid greater than the next required bid). There’s a pop-up window that will ask you to confirm the bid. SLOW DOWN and make sure you typed the bid correctly.
3. Placing a MAX bid (the maximum you are willing to pay for the item) The max bid function is a feature that bids on a lot automatically for You even when You are not online or logged in, up to the dollar amount entered. There’s a pop-up window that will ask you to confirm the bid. SLOW DOWN and make sure you typed the bid correctly.

6.4 Dynamic Closing

Should a bid be placed within the last five minutes of a lot’s ending time, the ending time will automatically be extended to a time of five minutes remaining. The timer will continue to extend in the same manner until the bidding activity has stopped. An item closes when the timer on the lot hits zero. The winning bidder is the last bidder the bid history recorded before the timer hits zero.

6.5 Bid Notifications.

1. Outbid Alerts can be enabled or disabled in your Bidder Profile. Outbid notifications are sent via email, text message or both methods. Notifications are sent until the lot is closed.
2. Purchase Notifications are automated alerts to Winning Bidders via email, text or both methods, after all lots for the auction have closed. It will detail the date, time, location, and bidder notes for the auction pick-up of Your winning items. It also serves as a helpful gateway to pay for Your purchase invoice. If You feel you have won an item(s) and You have not yet received a Purchase Notification, please check Your SPAM/JUNK email folder. Should You need Your notification resent, please contact the Auctioneer, Auction Company or Auction Firm that conducted the auction.

6.6 Bidding Errors.

With each bid placed, you are asked to confirm the bid amount entered. Should a mistake be made before the time the bidding is scheduled to end, you may request to have your error corrected. Auction Ohio and/or its Affiliated Auctioneers and Auction Firms will have sole discretion over how or if this error will be corrected. Please submit Your request immediately to the Auctioneer or Auction Firm conducting the auction.

BIDS CANNOT BE REVERSED AFTER THE AUCTION HAS CLOSED.

Payment must be made in full by the end of the stated auction pick-up time.

YOUR DEFAULT CARD ON FILE WILL BE CHARGED IF YOU FAIL TO PAY PRIOR TO THE END OF THE PICK-UP TIME. YOU WILL FORFEIT YOUR RIGHT TO THE ITEMS IF YOU FAIL TO SHOW UP AT THE PICK-UP TIME.

YOU AGREE THAT AUCTION OHIO SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE USE, IMPROPER HANDLING, MODIFICATION, OR MISUSE OF THE MERCHANDISE BY YOU OR ANY OTHER PERSON FOLLOWING POSSESSION OF THE PURCHASED ITEM(S). IN NO EVENT SHALL AUCTION OHIO BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE, AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.

Any lots not paid for in accordance with the Auctioneer and/or Auction Firm’s Terms and Conditions will be forfeited. Auction Ohio’s Affiliate Auctioneers and/or Auction Companies may, at their sole and absolute discretion, resell the items or donate the items to a charity of Auction Ohio’s Affiliate Auctioneers and/or Auction Companies choosing. Your bidding privileges may be in jeopardy if you fail to remit payment for an invoice issued.

Auction Ohio reserves the right, at its sole and absolute discretion, to permanently terminate your access to your account at any time effective immediately, with or without notice, if we determine or suspect You have violated these Terms & Conditions, any laws, or the rights of other users or third parties. In the event of termination by Auction Ohio in connection with Your breach of these Terms & Conditions, Auction Ohio and/or Affiliated Auctioneers and Auction Firms may pursue any remedy that may be available, at law or in equity, with respect to such breach. Regardless of the reason for any termination, you agree that if Auction Ohio, in good faith and in its sole discretion, determines that You have breached these Terms & Conditions, Auction Ohio may cancel all current bids placed, withhold merchandised not picked up, or otherwise retain all your pending transfers and/or shipped merchandise. Upon a termination You agree to pay Auction Ohio’s Affiliate Auctioneers and/or Auction Companies for all outstanding unpaid invoices through the date of termination.

You agree to indemnify, defend, and hold Auction Ohio and its members, managers, directors, employees, agents, affiliate auctioneers and/or auction firms, licensors, and other partners (collectively, the "Indemnified Persons") harmless from any loss, cost, expense, liability, claim, or demand, including reasonable attorneys' fees, suffered by any Indemnified Persons due to, arising out of, or in connection with (i) Your use of Auction Ohio or any of the services offered by Auction Ohio, (ii) any violation of these Terms & Conditions by You or any person acting in collusion with You, (iii) any violation of applicable law or court order by You, and (iv) any negligence or willful misconduct by You.

Auction Ohio and/or its Affiliated Auctioneers and Auction Firms shall not be responsible for any interruption in service, errors, and/or omissions caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Website. With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. You acknowledge that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. In the event of any malfunction relating to the Website, We, in Our sole discretion, may void any sale, temporarily suspend bidding and/or re-sell any item/lot affected by any malfunction. The decision of Auction Ohio and its Affiliate Auctioneers and Auction Firms shall be final.

Under no circumstances shall Auction Ohio be held liable for any delay or failure in this Website and/or information on the Website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of Auction Ohio. This includes, but is not limited to, any third party associated with Auction Ohio, or the services provided by Auction Ohio’s Affiliated Auctioneers and Auction Firms.

The trademarks, logos, characters, and service marks (collectively "Trademarks") displayed on the Website belong to Auction Ohio or are used with permission. Nothing contained on this Website should be construed as granting any license or right to use any Trademark displayed on this Website. Your use/misuse of the Trademarks displayed on this Website, or any other content on this Website, except as provided in these Terms & Conditions, is strictly prohibited. You are also advised that Auction Ohio will aggressively fully enforce its intellectual property rights.

Auction Ohio may, from time to time, give general guidance to its affiliate Auctioneers and/or Auction Companies in the daily operation of its business affairs and assist in marketing using its website www.auctionohio.com. However, each Affiliate Auctioneer, Auction Company or Auction Firm remains its own separate licensed entity and is independently owned and operated.

All affiliate Auctioneers and Auction Firm Managers are licensed by the Ohio Department of Agriculture and are under the recovery fund in the State of Ohio or bonded in favor of the State of Ohio. An aggrieved person may initiate a claim against the auction recovery fund or bond (if applicable) created in Section 4707.25 of the Revised Code as a result of the licensee’s actions.