WELCOME TO 12 HOUR AUCTIONS! This Member Agreement is between You (hereinafter, the “Member”, or “You”) and 12 Hour Auctions, LLC, an Iowa limited liability company (hereinafter, “12 Hour Auctions”, “we”, or “us”). By registering as a member on our website and using our services, you agree that you have read, understand and accept, without limitation or qualification, all of the terms and conditions of this Member Agreement and all policies and additional terms posted on our sites, applications and services.
Be advised that this Member Agreement contains provisions governing claims and dispute resolution, including an agreement to arbitrate disputes. Take notice and govern yourself accordingly.
- ABOUT 12 HOUR AUCTIONS.
12 Hour Auctions is a fast-paced online auction site designed to offer our members great deals and our Partners great exposure. Every day of the year, item auctions begin at 7:00 A.M. Central Standard Time. Members will have 12 hours to place bids on an item. If more than one item is being auctioned on a particular day, each subsequent auction shall begin 5 minutes after the prior auction. (I.E., First item auction begins at 7:00 A.M.; Second item auction begins at 7:05 A.M., and so on.) Each auction will be open for bidding for 12 hours. The member with the highest bid when the time expires, wins! No reserves!
Each month we will offer a special “Monthly Mayhem” silent bid auction for one item having an MSRP of $1,000.00 or more! As these are silent bid auctions, Members will be able to see the total number of sealed bids submitted, but will not see the dollar amount of the bids of other 12 Hour Auctions members.
- SITE CONTENT.
The 12 Hour Auctions website (the “Site”) may include information, communications, software, logos, graphics, music, sounds, images, descriptions, specifications, and other materials and services (the “Content”), which are provided by 12 Hour Auctions, our Partners or Affiliates. You hereby acknowledge and agree that the Content is protected by intellectual property and proprietary rights, and agree not to copy, modify, reproduce, display, redistribute, or retransmit the Content.
While we try to offer reliable product information (including images, descriptions and specifications), we do not guarantee that the information provided on our site will always be available, accurate, complete and up-to-date. You agree that You will not hold us liable for inaccuracies.
The name “12 Hour Auctions” and other 12 Hour Auctions marks, logos, designs and phrases that we use in connection with our site and services are trademarks, service marks and trade dress of 12 Hour Auctions, LLC, and they may not be used without our prior express written consent.
Your access to the 12 Hour Auctions Site, its content and services are provided “As Is” and without any warranty or condition, express or implied. To the full extent permissible by law, 12 Hour Auctions specifically disclaims the implied warranties of title, merchantability, fitness for a particular purpose and noninfringement.
12 Hour Auctions does not guarantee continuous, uninterrupted or secure access to its Site and services, nor does 12 Hour Auctions guarantee the accuracy or completeness of any information on its Site or the results of Your use of the Site.
- REGISTRATION WITH 12 HOUR AUCTIONS.
To place bids on the 12 Hour Auctions website (the “Site”), purchase products on the Site, or use other services offered on the Site, You must first register as a Member, pay the annual Membership Fee and provide us with certain information, including but not limited to:
- your full legal name;
- mailing address;
- email address;
- phone number;
- a unique Member ID and password; and
- valid credit card information.
You are solely responsible for and bear the risk of use of the unique Member ID and password assigned to You, whether or not You have authorized such use, and 12 Hour Auctions is not responsible for controlling or monitoring the use of your Member ID and password. You hereby agree that you shall take all necessary actions to maintain the confidentiality of your Member ID and password.
12 Hour Auctions shall save credit card information provided by You when You complete the Membership Registration. Such stored credit card information shall be used as Your default payment method for future transactions with 12 Hour Auctions. At any time, You may update Your credit card information or enter new credit card information, at which point the new information shall be stored as Your default payment method. You are responsible for maintaining the accuracy of information we have on file. You shall only provide 12 Hour Auctions with credit card information that You are authorized to use.
- MEMBERSHIP FEE.
You agree to pay to 12 Hour Auctions the rate of Ten Dollars ($10.00) annually or Ninety-nine cents($0.99) per month, for access to our site and services (the “Membership Fee”). Payment of the Membership Fee is due prior to Member being permitted bidding privileges on the Site. Your membership shall automatically renew and Your credit card shall be automatically charged the annual or monthly Membership Fee each year or month on the anniversary of the day you joined 12 Hour Auctions, unless and until you have terminated your membership at least 30 days prior to renewal date in accordance with paragraph 14, below.
As a convenience to You, You authorize Your bank to make payments to 12 Hour Auctions for Your annual Membership Fee when due. You agree that treatment of such payment shall be the same as if it were signed personally by You.
- MEMBER RULES.
When using our Site and services, You agree that:
- You must register on our Site by completing the Membership Registration with accurate and verifiable information
- You are a real person, being of at least Eighteen (18) years of age and able to enter into a legally binding contract
- Each bid You place is irrevocable. If you place a bid, You agree to pay that bid price for the item you bid on.
- You are responsible for reading the full item listing prior to placing a bid.
- You may not transfer or otherwise provide your Member ID and password to any third party without the prior written consent of 12 Hour Auctions.
- You must comply with all laws and regulations applicable to the purchase of any items and their later use, transfer, transport or resale.
- You are solely responsible for any and all bids made from Your account.
- You shall ensure that 12 Hour Auctions is provided with Your current and valid credit card information at all times.
- You shall not use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Site or services for any purpose.
- You will not interfere with the proper function of our Site or services.
- You will not infringe upon the intellectual property rights of 12 Hour Auctions, our Partners or our Affiliates.
- ONLINE AUCTIONS.
12 Hour Auctions allows its members to place bids on items in auctions that take place entirely online (an “Online Auction”). Each Online Auction has a duration of 12 hours. A “Winning Bidder” must meet the membership registration requirements, and enter the highest bid online at the close of the auction (a “Winning Bid”). By placing bids on items, You represent, warrant and undertake that you have the authority and the capacity to enter such a bid and complete the purchase and that any bid you make constitutes an irrevocable offer to purchase the item in question for the full amount of your bid. A Winning Bidder is legally obligated to complete the purchase.
You are solely responsible for reviewing the Online Auction item listing and taking such other actions as are appropriate to obtain information necessary to place Your bid, including notice of auction closing time. You and only you bear the risk of transmitting bids so that such bids are received prior to the close of the auction. Posted closing times and displays of current time on the 12 Hour Auctions Site are approximate.
When an Online Auction in which you have placed a bid closes and you are the Winning Bidder, you will receive a notification by email and the credit card that you have set as your default payment will be immediately charged for the full amount of your winning bid plus any taxes and shipping fees specified within the item listing.
- MONTHLY MAYHEM SEALED BID AUCTIONS.
Monthly Mayhem auctions are 12 hour timed events where You may submit bids for the Monthly Mayhem item without seeing the bids of other 12 Hour Auction members. Monthly Mayhem auctions are offered once per month, beginning at 7:00 A.M. on the 15th of each month. For Monthly Mayhem items, a Winning Bidder must meet the membership registration requirements, enter the highest bid online prior to the auction close, and pay for the Monthly Mayhem item and any associated taxes and fees prior to the item being released to the Winning Bidder. By placing a sealed bid on a Monthly Mayhem item, You represent, warrant and undertake that you have the authority and the capacity to enter such a bid and complete the purchase and that any bid you make constitutes an irrevocable offer to purchase the Monthly Mayhem item in question for the full amount of your bid. A Winning Bidder is legally obligated to complete the purchase.
WHEN YOU PLACE A WINNING BID, YOU ENTER INTO A LEGAL CONTRACT WITH 12 HOUR AUCTIONS TO PURCHASE THE LISTED ITEM. ALL PURCHASES ARE NON-REFUNDABLE AND NON-CHANGEABLE.
If You are the Winning Bidder, You agree to make payment for the total transaction, including the sum of the Winning Bid plus any taxes and shipping fees specified in the listing, according to the payment terms specified in the particular Online Auction or Monthly Mayhem listing. Unless otherwise stated in the item listing, all charges will be placed against the credit card stored as Your default payment method. You hereby pre-authorize such payment to 12 Hour Auctions, and further agree that any such payment shall be treated the same as if it were signed personally by You.
ANY WINNING BIDDER THAT FAILS TO COMPLETE A TRANSACTION AS DESCRIBED HEREIN SHALL LOSE THE ABILITY TO PURCHASE THE WON ITEM(S) AND MAY, AT THE SOLE DISCRETION OF 12 HOUR AUCTIONS, HAVE SUCH MEMBER’S MEMBERSHIP RESTRICTED OR TERMINATED.
- LINKS TO PARTNER SITES.
The 12 Hour Auctions Site may contain links to the websites of our various Partners and Affiliates, which are owned and operated by independent third parties. We provide these links as a convenience to You. We are not responsible for the content of any such linked site.
- DISCLAIMER OF WARRANTIES.
UNLESS EXPRESSLY STATED IN WRITING IN AN ITEM LISTING, 12 HOUR AUCTIONS DISCLAIMS TO THE GREATEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO ANY ITEM LISTED ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE ITEM IS FREE FROM LATENT DEFECTS.
Any and all warranty claims must be directed to the manufacturer. We note that specific warranty limitations and conditions may apply to each particular item listed on the Site. These are set by the item’s manufacturer, and may be available on the manufacturer’s website. You hereby agree to direct all warranty claims to the manufacturer, and release 12 Hour Auctions from any liability regarding the warranty of any item purchased on the Site.
- RELEASE; INDEMNITY.
You agree to indemnify and hold 12 Hour Auctions and our subsidiaries, officers, directors, agents and employees harmless from any damages, losses, claims or demands (including, but not limited to, loss of money, damage to goodwill or reputation, lost profits, reasonable attorneys’ fees, costs, intangible losses, or any special, indirect, incidental, consequential or punitive damages) due to or arising out of:
- any breach by You of the terms of this Member Agreement;
- Your use of or inability to use the 12 Hour Auctions Site or services;
- the use, by You or others, of any item purchased by You from the Site as the result of a Winning Bid; or
- any dispute between You and a manufacturer, including claims relating to items sold on our Site.
You hereby release 12 Hour Auctions and our subsidiaries, officers, directors, agents and employees from damages, losses, claims and demands of every kind and nature, whether now known or unknown, arising out of or in connection with subparagraph a through d, above.
Notwithstanding the foregoing, if 12 Hour Auctions is found liable for any reason, You hereby acknowledge and agree that our liability to You or to any third party is limited to the sum of the Winning Bid plus any applicable tax and shipping charges that was actually paid by You for the item related to the dispute.
- LEGAL DISPUTES; ARBITRATION.
You hereby agree that the laws of the State of Iowa, without regard to principles of conflict laws, will govern this Member Agreement and any claim or dispute arising under this Member Agreement.
You agree that any and all disputes or claims arising between You and 12 Hour Auctions that relate in any way to this Member Agreement, Your use of the Site or Services shall be resolved exclusively through binding arbitration. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its particular rules and procedures.
The party seeking arbitration must first send written notice of dispute to the other by email and by certified mail. Certified mail to Member shall be sent to the mailing address You provided to 12 Hour Auctions with your Member Registration, or such updated mailing address as you may have later specified. Certified mail to 12 Hour Auctions shall be sent to: 12 Hour Auctions, PO Box 603, Hudson, IA 50643-0603. The notice of dispute must include a description of the nature of the claim and basis that the party is asserting for the relief being sought.
If You and 12 Hour Auctions are unable to resolve the claim described in the notice within 30 days, You or 12 Hour Auctions may then initiate arbitration proceedings. A form for initiating arbitration proceedings is available at www.adr.org. Any arbitration hearing shall be held in Black Hawk County, Iowa, and the arbitrator’s decision shall be final and binding upon the parties, and may be entered as a judgment in any court of competent jurisdiction.
Your Membership with 12 Hour Auctions and the terms of this Member Agreement shall remain in full force and effect until terminated, either by You or 12 Hour Auctions. If, at any time, You are dissatisfied with the terms and conditions set forth herein, You may terminate Your membership and discontinue use of our Site and services. Your Membership must be terminated at least 30 days in advance of a scheduled automatic annual Membership Fee to avoid being charged.
12 Hour Auctions may terminate Your Membership or restrict Your use of the Site and/or services at any time and without notice if you violate any of the terms of this Member Agreement or any other policies or terms posted on the Site.
If any provision of this Member Agreement shall be held to be invalid, void or unenforceable for any reason, such provision shall be struck and shall not affect the validity and enforceability of the remaining provisions.
Headings used in this Member Agreement are used for reference purposes only.
Our failure to exercise or enforce any right or provision of this Member Agreement with respect to any breach by You or other Members does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
Except as otherwise stated herein, any notices under this Member Agreement shall be provided by email to 12 Hour Auctions at our Customer Support email address (enter address here), and to You at the email address You provided to 12 Hour Auctions with your Member Registration, or such updated email address as you may have later specified.
12 Hour Auctions may amend this Member Agreement at any time by posting the amended terms on our Site. This right to amend the Member Agreement includes our right to modify, add to or remove terms in the Member Agreement. Your continued use of our Site and services constitutes your acceptance of such amended terms.
- ENTIRE AGREEMENT.
This Member Agreement and all other terms and conditions referenced herein and through our Site set forth the entire understanding and agreement between You and 12 Hour Auctions, and supersede all prior understandings and agreements between the parties.