GAVEL BY SEGISTICS

WEBSITE TERMS & CONDITIONS
 

Last Update: March 11, 2024
 

Welcome to Gavel by Segistics, LLC (“Segistics”, “we”, “our”, “Company”). The Gavel Website (“Site”) provides features and products to you when you search our affiliated auction stores, use other Segistics services, or use Gavel and/or Segistics applications for mobile. 

 

IMPORTANT NOTICE: PLEASE READ THESE TERMS CAREFULLY

Before you use our Site, we strongly encourage you to read these Terms & Conditions (“Terms”) in full. They contain crucial information about your legal rights and obligations, including restrictions on your rights and exclusions that might apply to you. 

These Terms also govern your use of the Site in a legally binding way. By accessing or using our Site, you are automatically agreeing to these Terms, regardless of whether you have read them or not. If you do not agree to these Terms, you should not use our Site. Not understanding or not having read these Terms does not exempt you from the obligations and conditions contained herein.

ACCEPTANCE OF TERMS

By browsing and using the Site, you agree to these Terms and all other operating rules, Policies, and procedures that may be published from time to time on the Site, each of which are incorporated herein by reference.

 

PRIVACY AND COOKIE POLICIES

Please review our Privacy Policy, our Cookie Policy, and our Disclaimers which are available on our Site, and which also govern your use of Segistics services, to understand our practices. By utilizing this Website, you agree that we may collect, use, retain, and disclose your personal information to the extent permissible by law and as described in these separate Policies.

 

ELECTRONIC AND WRITTEN COMMUNICATIONS

When you use Segistics services, send emails, or send other communications from your computer or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically and to be added to our mailing list, and you can retain copies of any communications or mailings for your records. You agree that all agreements, notices, disclosures, and communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

 

JURY TRIAL WAIVER

IF YOU LIVE IN THE UNITED STATES, BY USING THIS SITE YOU ARE AGREEING TO WAIVE YOUR RIGHT TO SUE IN COURT AND INSTEAD AGREE TO HAVE ALL DISPUTES DECIDED BY AN ARBITRATOR IN THE COUNTY IN WHICH SEGISTICS’ PRINCIPAL PLACE OF BUSINESS IS LOCATED. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL TO SETTLE DISPUTES RELATING TO YOUR USE OF THE SITE, RELATED APPLICATIONS, AND PURCHASE OF ANY PRODUCTS OR SERVICES, AS STATED FULLY IN THE "DISPUTE RESOLUTION" SECTION BELOW.

OUR TERMS AND CONDITIONS

1. DEFINITIONS

“Application” the mobile application used by bidders to participate in auctions listed on the Gavel Platform.  Also called “Gavel” or “Gavel by Segistics.”

“Auction” means a public or private sale in which goods or properties are sold to the highest bidder and refers to all sales hosted on a Gavel platform.

“Auction Host” means the entity or individual responsible for organizing and hosting the auction hosted on a Gavel platform. This may also refer to an organization conducting the auction.

“Bid” means an offer made by a bidder to purchase the lot or item being auctioned.

“Bidder” means an individual or entity who participates in the auction by placing bids on items or lots.

"Content" means logos, design, text, graphics, images, software, audio, video, works of authorship of any kind, and information and other materials that are posted, generated, provided, or otherwise available through or on the Site. We and our licensors exclusively own all rights, title, and interest in and to the Content, including all associated intellectual property rights. You acknowledge that Content is protected by copyright, trademark, and other laws of the United States and foreign countries and that you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying Content on the Site.

Gavel is referred to as “Gavel” or “Gavel by Segistics” and means the mobile application and/or Website used by bidders to participate in auctions listed on the Gavel Platform.

Segistics, LLC, and its affiliates are referred to herein as “Segistics”, “Company”, “we”, and “our”.

"Site" means the Segistics Website including all of its domains and subparts.

"Terms" refers to the terms and conditions of these Terms & Conditions Agreement, along with our Privacy Policy.

"User" means any visitor to the Site, regardless of whether the visitor registers for the Site or purchases any products from the Site and is referred to herein as "User" or "you."

"User Content" refers to any photographs, comments, video clips, or other Content that Users, including you, may upload to the Site. Content includes, without limitation, User Content. We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights a User may have to use and exploit their own User Content.

1. AGE REQUIREMENT

You may use the Site only if you are eighteen (18) years or older and capable of forming a binding contract with us and are not barred from using the Site under any applicable law. As long as you comply with these Terms, you may view and use our Site for your personal, non-commercial purposes. Any use of the Site not expressly permitted by these Terms is unauthorized and may result in termination of your access to the Site and legal action.

1. Notice required by California Law

Pursuant to California Civil Code Section 1879.3, California residents are entitled to the following specific consumer rights notice:

The name, address, and telephone number of the provider of this service is Segistics at 1331 Saline Street, North Kansas City, Missouri 64116.  Complaints regarding products, or requests to receive further information regarding the use of this Site may be sent to the above address or gavelsupport@segistics.io. 

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

1. Important information for New Jersey residents

If you live in New Jersey, please carefully read these Terms, and understand that by using the Site, placing an order on the Site, or creating an account, in addition to the other terms and conditions herein, you agree:

Any dispute between you and Segistics will be governed by the laws of the State of Missouri and subject to the dispute resolution provisions set forth in the "Disputes Resolution" section below;

Under the laws of the State of New Jersey, limitations on implied warranties or the exclusive limitation of certain damages as set forth below in the "DMCA/Copyright Policy," "Disclaimers of Warranties," "Limitations on Liability," and "Anti-Diversion" sections may not apply to you; and

As set forth in the "Indemnification" section below, you are responsible for any harm you cause Segistics, whether it is because of your (i) User Content; (ii) violation of any applicable law that protects Segistics or our legal rights or those of any third party that your actions have damaged; (iii) material uncured breaches of these Terms; (iv) infringement by you of any intellectual property rights that belong to Segistics or any third party; (v) any and all activities that occur under your account, username, and password.

1. INTERNATIONAL USERS

Our Site is controlled, operated, and administered from our offices in Missouri, United States of America. We make no representation that Content on the Site is appropriate or available for use at other locations outside the United States, and access to Content is prohibited from territories where the Content or products available through the Site are illegal. You may not use the Site or export its Content or products in violation of United States export laws and regulations. If you access the Site from a location outside of the United States, you are responsible for compliance with all local laws if, and to the extent, local laws are applicable.

1. GOVERNING LAW

These Terms and any action or proceeding relating thereto will be governed by the laws of the State of Missouri. If any provision or part-provision of these Terms is declared invalid, unlawful, void, or for any reason unenforceable, it will be deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms, which will be enforced to the maximum extent permissible.

1. CHANGES TO THESE TERMS

We reserve the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms. You can determine when these Terms were last revised by referring to the "LAST UPDATED" legend at the top of these Terms of Use. Your continued use of the Site will constitute your acceptance of the current Terms; however, any material change to these Terms after your last usage of the Site will not be applied retroactively. Except for such material changes, the Terms that were in effect at the time any claim or dispute arose between you and Segistics will be applied.

1. YOUR ACCOUNT

You will need to register with Gavel by Segistics to access certain services or areas of the Site and/or its related Application. With respect to any such registration, we may refuse to grant you the username you request. Your username and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and for all activities that occur under your account or password. You agree to promptly notify Gavel by Segistics of any unauthorized use of your account. In addition to all other rights available to Segistics, including those set forth in these Terms, we reserve the right, in our sole discretion to terminate your account or your use of the Site and related Application, block or prevent future access to and use of the Site and related Application, refuse service to you, or cancel your product or service orders (i) if you violate any of these Terms; (ii) for any other reason; or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.

1. RULES OF CONDUCT AND GENERAL PROHIBITIONS

You must use this Site strictly for lawful purposes, and you must refrain from using it in any manner that infringes the rights of others or restricts or inhibits anyone else’s enjoyment of the Site. You may not, without our written consent (i) copy, reproduce, use, or otherwise deal with any Content on the Site; (ii) modify, distribute, or re-post any Content on the Site for any purpose; or (iii) use the Content of the Site for any commercial exploitation whatsoever.

In using the Site, you further agree not to do any of the following:

Post, publish, submit, or otherwise transmit any Content that (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy; (ii) is knowingly false, fraudulent, misleading, or deceptive; (iii) is defamatory, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise volatile of any law; or (iv) promotes illegal or harmful activities or substances; disrupt or interfere with the security of, or otherwise abuse, the Site or any service, systems resource, account, server, or network connected to or accessible through the Site, or affiliated or linked websites; disrupt or interfere with any other User’s enjoyment of the Site, or affiliated or linked websites; post, publish, submit or otherwise transmit through or on the Site any viruses or other harmful, disruptive, or destructive files; use, frame, or utilize framing techniques to enclose our trademark, logo, or other proprietary information (including, but not limited to, images found on the Site, Content, any text, or the layout/design of any page or form contained on a page) without our express written consent; use meta tags or other “hidden text” utilizing our name, trademark, or product name without our express written consent; deep link to the Site without our express written consent; create or use a false identity on the Site, share your account information, or allow any person besides yourself to use your account to access the Site; collect or store personal data about others; attempt to obtain unauthorized access to the Site or portions of it that are restricted from general access; and encourage or enable another User or individual to do any of the foregoing prohibited activities.

By accessing or using this Site you agree to comply with all applicable local, national, and international laws and regulations relating to your use of or activities on the Site and related Application. YOU ARE SOLELY RESPONSIBLE FOR THE LEGALITY AND ACCURACY OF THE CONTENT YOU POST ON THE SITE AND ANY RELATED PLATFORMS AND APPLICATIONS. To the extent permissible by law, we will not be responsible or liable to any third party, including any of use by bidding customers, for the User Content or accuracy of any Content posted by you or any other User on the Site. We have the right to remove any User Content or posting you make on the Site and related Application if, in our sole discretion, such Content or posting does not comply with the standards set out in these Terms.

If you do not agree to these Terms, you do not have our consent to obtain information from or otherwise use the Site. Failure to use the Site in accordance with these Terms may subject you to civil or criminal penalties.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SITE, AND/OR DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS WHETHER OR NOT YOU HAVE CREATED AN ACCOUNT ON THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or legal entity to these Terms and, in such event, "you" or "your" will refer and apply to that company or other legal entity.

 

1. PROHIBITED USES

User is expressly prohibited from using the Site and/or related Application to sell illegal items or engage in unlawful conduct, including, but not limited to, the sale of firearms, live animals or humans, illegal drugs or substances, counterfeit goods, stolen property, or certain types of regulated goods such as alcohol or tobacco. Any sale of items or services that are deemed to be inappropriate, potentially harmful, or in violation of any laws, regulations, or this Agreement, is strictly prohibited.  More specifically, Users are strictly prohibited from engaging in 'Shill Bidding,' when Auction Hosts bid on their own auction items and become the winning bidder. This activity is not only against our policy but also violates state and federal laws, such as The Donnelly Act and result in prison time and a fine of up to $1 million. Any suspected shill bidding activity WILL result in immediate account suspension and further legal action. 

 

The Licensor reserves the right to update this list of prohibited items as necessary.

 

You should also review our Disclaimers for additional information regarding prohibited uses of the Site.

1. LICENSE AND ACCESS

By making any User Content available to or through the Site, you hereby grant Segistics a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating and providing products and services to you and/or other Users, and also in connection with advertising of our products and services.

In the event you upload any User Content to the Site, we have the right to use any and all such elements of the Content in connection with and/or as part of our business, including, but not limited to, in connection with or in any advertising in any and all media, product packaging, printed publications, presentations, promotional materials, events, and associated marketing materials, television and cinema commercials, videos, or on the Site in perpetuity throughout the world as we, in our sole discretion, see fit without further consent by, or payment to, you. By uploading User Content to the Site, you agree to grant Segistics the right to use your copyright in such User Content. We also have all right, title, and interest in any and all results and proceeds from our use of the User Content to the extent permissible by law. We have the right to transfer our rights to use the User Content to any third party, including, but not limited to, any of our subsidiaries or affiliated companies.

We may alter, adopt, or edit the User Content and any further material created under these Terms, and market and exploit it entirely in our sole discretion. We are not obligated to make use of any of your User Content or exercise any of the rights granted by these Terms.

You are responsible for all your User Content. You represent and warrant that you own all of your User Content, or you have all rights that are necessary to grant Segistics the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Site, nor any use of your User Content by Segistics on or through the Site, will infringe, misappropriate, or violate a third party’s intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You can remove your User Content by specifically deleting it. However, in certain circumstances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Site. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

1. INDEMNIFICATION

YOU WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS SEGISTICS, OUR AFFILIATES, AND EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUPPLIERS, REPRESENTATIVES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES, THAT ARISE FROM OR RELATE TO (I) YOUR ACCESS OR USE OF THE SITE OR CONTENT; (II) YOUR USER CONTENT; (III) VIOLATION OF ANY APPLICABLE LAW THAT PROTECTS SEGISTICS OR OUR LEGAL RIGHTS OR THOSE OF ANY THIRD PARTY THAT YOUR ACTIONS HAVE DAMAGED; (IV) YOUR VIOLATION OF THESE TERMS OR ANY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY RIGHTS OWNED BY SEGISTICS OR ANY THIRD PARTY; (V) ANY AND ALL ACTIVITIES THAT OCCUR UNDER OR IN CONNECTION WITH YOUR USE, ACCOUNT, USERNAME, AND/OR PASSWORD. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL ASSIST AND COOPERATE WITH SEGISTICS IN ASSERTING ANY AVAILABLE DEFENSES. YOU AGREE TO BE RESPONSIBLE FOR ALL SUCH DAMAGES, CLAIMS, OR LOSSES TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT WHERE SUCH DAMAGES, CLAIMS, OR LOSSES ARE CAUSED BY OUR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.

1. COPYRIGHTS AND TRADEMARKS

The Site, including all of the Content, is protected by copyright, trademark, and other laws of the United States and foreign countries. Unless expressly stated otherwise, Segistics exclusively retains all proprietary rights in all Content and products available through the Site and related Application. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, and or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without our prior written consent and permission of the respective copyright owner. You may not, without the express written permission of Segistics or the respective copyright owner (i) copy, upload, publish, post, submit, or transmit any materials on any computer network or broadcast or publications media; (ii) modify the materials; or (iii) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (i) sell, resell, or make commercial use of the Site, its Content, services, or products obtained through the Site; (ii) collect or use any product listings or descriptions; (iii) make derivative uses of the Site or its Content; or (iv) use any data mining, robots, or similar data gathering and extracting methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any of our patent, trademark, copyright, or other proprietary rights of any third party.

Together with all logos, product and service names appearing on the Site, the following includes a partial list of our trademarks and/or registered trademarks in the United States and other countries: Name Segistics, Logo for Segistics, Gavel by Segistics. These and all of our other trademarks may not be copied, imitated, or used, in whole or in part, without our prior written permission or that of the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Any other names and brands on the Site may be claimed as the property of others.

1. DMCA/COPYRIGHT POLICY

Segistics respects the copyright and intellectual property rights of others. We may remove content that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, we may terminate access by Users who appear to infringe the intellectual property or other rights of others.

We comply with the Digital Millennium Copyright Act ("DMCA"). If you believe we or any User of the Site has infringed your copyright in any material way, please notify Segistics and provide the following:

1. An identification of the intellectual property right claimed to have been infringed;

2. An identification of the material you claim is infringing so that we may locate it on the Site;

3. Your address, telephone number, and email address;

4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner or its licensee, or the agent of either of the foregoing or the law;

5. A statement by you that the above information in your notice is accurate and made under penalty of perjury; and

6. That you are authorized to act on behalf of the owner of the intellectual property interest involved.

Please direct inquiries regarding intellectual property infringement issues by writing to the attention of our Support Team at 1331 Saline Street, North Kansas City, Missouri 64116 or gavelsupport@segistics.io.

1. LINKS TO THIRD-PARTY WEBSITES

The Site may contain links to third-party websites or services and advertisements for third parties (collectively, the "Third Party Sites & Ads"). Such Third-Party Sites & Ads are not under the control of Segistics, and Segistics is not responsible for any Third-Party Sites & Ads. We provide these Third-Party Sites & Ads as a convenience and do not endorse, monitor, or have any control over the content, products, or services on or available from those Third-Party Sites & Ads. You acknowledge sole responsibility for and assume all risk arising from your use of Third-Party Sites & Ads.

The inclusion of a hyperlink to Third-Party Sites & Ads does not imply affiliation, endorsement, or adoption by Segistics of the Third-Party Sites & Ads or any information contained therein.

1. PRODUCT SATISFACTION AND RETURN POLICY

Refunds and returns will be handled on a case-by-case basis for Auction Hosts only of the Application. Auction Hosts are empowered to create their own refund, return, and product satisfaction policies with which bidders must comply on the Application. These policies of the Auction Hosts must be posted on the individual auction in the Application.

1. AUCTION HOSTS; PRODUCTS

Parties other than Segistics operate auctions, bids, and accounts on the Segistics Site and related Application. If you purchase any of the products, items, or services offered by these auction hosts, either businesses or individuals, you are purchasing directly from those third parties, not from Segistics. Segistics only provides the platform (Application) for these transactions.

We are not responsible for examining or evaluating products, product conditions, product descriptions, or product prices, and we do not warrant the offerings of any of these auction hosts (including the content on their websites and Application postings). Segistics does not assume any responsibility or liability for the actions, product(s), and content of all these and any other third parties. You should carefully review their privacy statements, descriptions, prices, and/or conditions of use.

1. ONLINE PURCHASES

If you wish to bid on any product, item, or service made available through the Site and/or related Application (each such completed purchase, a “Transaction”), you will be redirected to a third-party payment processor where you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number; the expiration date of your credit card; your billing address; your shipping address; and your full name. 

YOU ACKNOWLEDGE AND AGREE THAT SEGISTICS IS NOT RESPONSIBLE OR LIABLE FOR ANY ISSUES, MISUSE, OR COMPLICATIONS ARISING FROM THE HANDLING OF PAYMENT INFORMATION BY THE THIRD PARTY. BY USING OUR SERVICES, YOU AGREE TO RELEASE US FROM ANY LIABILITY RELATED TO THE PROCESSING OF YOUR PAYMENT INFORMATION BY THE THIRD-PARTY SERVICE PROVIDER.

It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws in regard to the receipt, possession, use, and sale of any item purchased from this Site. We are not responsible for your use of a physical item, service, or content purchased at an auction through our Site.

1. ORDER AND PAYMENT INFORMATION

Segistics does not request, retain, or handle bidders’ funds, other payments, or payment information. Any payment of a bidder is directed from our Site and/or related Application through a third-party portal and will be processed by that third party. Auction hosts will be billed based on their auction proceeds. Payment(s) of bidders is due at the time of purchase. Segistics is not responsible or liable for shipping and handling fees. Auction hosts assume any and all responsibility for non-payment by bidders, purchasers, and other users.

You are responsible for maintaining the confidentiality of your account, password, and payment methods and for restricting access to your account and advising Segistics of any known unauthorized use the Site and related Application.

1. RISK OF LOSS

All purchases of physical items from Gavel and/or Segistics are made pursuant to a shipment contract of the auction host. As such, the risk of loss and title for such items passes from the auction host to you upon the auction host’s delivery to the carrier.

We are not responsible for any injury or damage that may result from the purchase or delivery of products made through the Gavel or Segistics Site.

1. DISCLAIMER OF WARRANTIES

SEGISTICS SERVICES AND ALL INFORMATION, PRODUCTS, CONTENT, AND MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH SEGISTICS SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SEGISTICS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE GAVEL AND/OR SEGISTICS SERVICES IS AT YOUR SOLE RISK.

We do not guarantee that the services or products available on the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. You are solely responsible for all of your communications and interactions with other users of the Site and with other persons with whom you communicate or interact as a result of your use of the Site, including any services provided to you.

WE ARE NOT RESPONSIBLE FOR EXAMINING OR EVALUATING PRODUCTS, PRODUCT CONDITIONS, PRODUCT DESCRIPTIONS, OR PRODUCT PRICES, AND WE DO NOT WARRANT THE OFFERINGS OF ANY OF THESE AUCTION HOSTS (INCLUDING THE CONTENT ON THEIR WEBSITES). SEGISTICS DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACTIONS, PRODUCT(S), AND CONTENT OF ALL THESE AND ANY OTHER THIRD PARTIES. FURTHER, WE ARE NOT RESPONSIBLE FOR ANY LOSS OR CONDITION OF, OR INJURY OR DAMAGE TO A PHYSICAL PRODUCT YOU PURCHASED THROUGH THE USE OF OUR SITE. ANY SUCH RESPONSIBILITY OR LIABILITY LIES WITH OTHER THIRD PARTIES AND SEGISTICS DOES NOT ASSUME ANY RELATED RESPONSIBILITY OR LIABILITY FOR THE ACTIONS, PRODUCT, AND CONTENT OF ALL THESE AND OTHER THIRD PARTIES, AUCTION HOSTS, AND BIDDERS THAT UTILIZE OUR SITE.

1. LIMITATIONS OF LIABILITY

NOTICE TO NEW JERSEY USERS: If you do not live in New Jersey, this section does not apply to you.

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER SEGISTICS, OUR OFFICERS, OUR AFFILIATES, OR ANY OTHER PARTY OF SEGISTICS INVOLVED IN CREATING, PRODUCING, OR DELIVERING PRODUCTS, SERVICES, OR CONTENT ON THE SITE WILL BE LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED OR UNDER ANY THEORY OF LIABILITY – EVEN OUR OWN ACTIVE OR PASSIVE NEGLIGENCE – ARISING IN CONNECTION WITH (I) THE SITE; (II) THE USE OR INABILITY TO USE THE SITE; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE; (IV) THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES THROUGH THE SITE OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OF DATA OR OTHER INFORMATION THAT IS SENT TO OR RECEIVED BY THE SITE; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THESE TERMS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

WE WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE OF AN AUCTION HOST OR BIDDER TO PERFORM ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, WAR, ACTS OF GOD, STRIKES, OR OTHER INDUSTRIAL DISTURBANCES OR GOVERNMENT SHUTDOWNS.

IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY WARRANTIES RELATING TO ITEMS, PRODUCTS, SERVICES, OR CONTENT AND YOUR USE OF THE SITE INCLUDING, BUT NOT LIMITED TO, FROM YOUR PURCHASE OF ANY ITEMS, PRODUCTS, SERVICES, OR CONTENT VIA OUR SITE OR FORM THE USE OF OR YOUR INABILITY TO USE THE SITE, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR EACH INDIVIDUAL ITEM, PRODUCT, SERVICE, OR CONTENT PURCHASED VIA OUR SITE IN THE LAST TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO EACH INDIVIDUAL CLAIM OF LIABILITY. THE LIMITATIONS OF LIABILITY AND DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SEGISTICS AND GAVEL BY SEGISTICS. SOME JURSIDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABIILTY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

The terms of this section survive any termination of these Terms.

1. TERMINATION

NOTICE TO NEW JERSEY USERS: If you do not live in New Jersey, this section does not apply to you.

You may use our Site only as permitted by law and these Terms. Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, for any reason or no reason, to terminate your ability to use the Site and to block and prevent future access to and use of the Site. You agree that we will not be liable for any termination of your use of or access to the Site.

1. NO THIRD-PARTY BENEFICIARIES

We and you are the only parties entitled to enforce these Terms. These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Segistics. Notwithstanding the foregoing, the Parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions relating to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms. You also agree that if we assign, transfer, or sub-contract any of our rights or obligations under these Terms to any third party in writing, under conditions such as merger, acquisition, or sale of all or substantially all of our assets, such third party may enforce the Terms that are assigned, transferred, or sub-contracted.

1. DISPUTE RESOLUTION

1. AGREEMENT TO ARBITRATE AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS

We each agree that any dispute, claim, or controversy arising out of or relating to products posted on auctions on our Site, our Services, these Terms, including our Privacy Policy and Cookie Policy, or the breach, termination, enforcement, interpretation, or validity thereof or the use of the services or content available on or through the Site (collectively, "disputes") will be settled by confidential binding arbitration, except that each party retains the right to (i) bring an individual action in small claims court; and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademark, trade secrets, patents, or other intellectual property rights (the action described in the foregoing clause (ii) an "IP Protection Action"). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts of the City and State where Segistics is located, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

You acknowledge and agree that both you and Segistics are waiving the right to a trial by jury or to participate as a plaintiff, class representative, or class member in any purported class action or representative proceeding. Further, unless we both otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive termination of these Terms.

The parties agree that (i) these Terms memorialize a transaction in interstate commerce; (ii) the Federal Arbitration Act (9 U.S.C. §§ 1, et seq.) governs the interpretation and enforcement of this section; and (iii) this section will survive termination of these Terms.

1. ARBITRATION RULES

Arbitration will be administered and governed by the Comprehensive or Expedited Arbitration Procedures of Judicial Arbitration and Mediation Services (JAMS), whichever is appropriate and in effect at the time the arbitration is initiated (the "JAMS Procedures"), which are available at http://www.jamsadr.com or by calling 1-800-352-5267.

The parties expressly agree that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration will be limited to the resolution of individual claims only.

1. DISPUTE NOTICE AND ARBITRATION PROCESS

Prior to initiating an arbitration proceeding, you must first send Segistics a written statement setting forth your name, address, and telephone number, the facts giving rise to the dispute, and the relief requested ("Dispute Statement"). The Dispute Statement to Segistics must be mailed to the attention of our Support Team at 1331 Saline Street, North Kansas City, Missouri 64116, via nationally recognized overnight courier. If we are unable to resolve your claim within thirty (30) days of receipt of the Dispute Statement, either Party that desires to initiate an arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Procedures.

The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. Notwithstanding this broad delegation of authority to the JAMS arbitrator, a court may determine the limited question of whether a claim or cause of action is an IP Protection Action.

1. ARBITRATION LOCATION AND PROCEDURE

Unless the Parties otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then (i) the arbitration will be conducted solely on the basis of documents the parties submit to the arbitrator, unless either party requests a hearing or the arbitrator determines that a hearing is necessary; and (ii) if there is a hearing, both parties may choose whether to participate in person or by telephone. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Procedures. Subject to the JAMS Procedures, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

1. ARBITRATOR'S DECISION

The arbitrator's decision will include the essential findings and conclusions of law upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having competent jurisdiction thereof. The arbitrator's award of damages must be consistent with the terms of the "Disclaimer of Warranties," and "Limitations of Liability" sections above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory and injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. The prevailing Party will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law.

1. TIME LIMIT FOR RESOLVING DISPUTES

The Parties agree that any cause of action either may have with respect to the Site, or our products, services, and Content must be commenced within one (1) year after the Dispute arises, notwithstanding any statutes of limitations to the contrary. In jurisdictions where the statutes of limitations exceed one (1) year, by agreeing to these Terms, you expressly consent to shorten this period to one (1) year for bringing a claim, to the extent that such shortening is permitted by the applicable law. This means that if you wait longer than one (1) year to initiate arbitration under this section, you will lose some or all rights you may have to any recovery, including the right to recover damages, in connection with a Dispute.

NOTICE TO NEW JERSEY USERS: If you live in New Jersey, your agreement to this provision shortens the time within which you may bring a Dispute.

The terms of this Dispute Resolution section survive any termination of these Terms.

1. RIGHT TO OPT-OUT OR REJECT FUTURE CHANGES TO DISPUTE RESOLUTION SECTION

You have the option to opt-out of the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section. To do so, you must send a written letter, via a nationally recognized overnight courier, to our Support Team at 1331 Saline Street, North Kansas City, Missouri 64116. This letter must be sent within thirty (30) days from your first visit to and use of the Site, and should include your (i) name; (ii) mailing address; and (iii) clear request to be excluded from the specified arbitration procedure or waiver. In the event you opt-out consistent with the procedure set forth above, all other terms and conditions of these Terms will continue to apply. If you do not so opt-out, then the terms of this section will apply.

If Segistics modifies this "Dispute Resolution" section after the date you first accepted these Terms (or accepted subsequent changes to these Terms), you may reject such change by sending a written notice to our Support Team at 1331 Saline Street, North Kansas City, Missouri 64116, within thirty (30) days of the date such change became effective, as indicated in the "Last Updated" date above. By rejecting any change, you are agreeing to arbitrate any Dispute between you and Segistics according to the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

 

1.  GENERAL TERMS

 

1. ENTIRE AGREEMENT

These Terms, inclusive of our Privacy Policy, Disclaimers, Tracking and User Control Policy, and EULA constitute the entire and exclusive understanding and agreement between Segistics and you regarding the Site, Content, products, and services that may be provided on the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between you and Segistics regarding the Content, products, or services provided on the Site.

1. SEVERABILITY

If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

1. ASSIGNMENT OF RIGHTS

 

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

1. NOTICES

Any notices or other communications provided by Segistics under these Terms, including those regarding modifications to these Terms, will be given by posting to the Site.

1. WAIVER

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Segistics. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

1. RELATIONSHIP 

Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Segistics, and you do not have any authority to create any obligation on our behalf.

1. CONTACT INFORMATION

If you have questions, encounter issues, or would like to reach out to us, we may be contacted via email at gavelsupport@segistics.io.