By using the services on EX-FACTORY Auctions website, you agree to the following terms, including those available by hyperlink, with EX-FACTORY Auctions and the general principles for the websites of our subsidiaries and international affiliates. If you have any questions, please refer to our Help or Contact Us features.
Before you become a member of EX-FACTORY Auctions, you must read and accept all of the terms & conditions linked to or in this User Agreement and our Privacy Policy.
As you read this User Agreement, we strongly recommend you also read all linked information in this section. The Agreement is always in the footer of this website. This Agreement is effective on March 12, 2009, for current users, and upon acceptance for new users.
While using EX-FACTORY Auctions, you will not:
EX-FACTORY Auctions works to keep our site and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
Joining EX-FACTORY Auctions and bidding on listed items is free.
We do charge fees for other services, such as a "seller's premium" and a "buyer's premium".
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our site and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due)
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
For the convenience of sellers, we may offer catalogs of stock images, descriptions and product specifications, which are provided by third-parties. While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date. If you choose to include catalog content in your listings, you will be responsible for ensuring that your listings are accurate and do not include misleading information. You agree that you will not hold our catalog providers responsible for inaccuracies in their catalogs. The catalogs may include copyrighted, trademarked or other proprietary materials. You may use the catalogs only for informational purposes and only in connection with your EX-FACTORY Auctions listings. You may not use catalog content in a way that infringes or violates anyone’s proprietary rights.
You will not hold EX-FACTORY Auctions responsible for other users' content, actions or inactions, or items they list. You acknowledge that we are not a traditional auctioneer. Instead, the sites are a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
We do not transfer legal ownership of items from the Seller to the Buyer, and nothing in this agreement shall modify the governing provisions of North Carolina General Statutes § 25 2 401 and Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller.
Unless the Buyer and the Seller agree otherwise, the Buyer will become the item's lawful owner upon physical receipt of the item from the Seller, in accordance with North Carolina General Statutes § 25-2-401(2) and Uniform Commercial Code § 2-401(2).
Further, we cannot guarantee continuous or secure access to our services, and operation of the sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to EX-FACTORY Auctions by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the site for any purpose without our express written permission.
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the EX-FACTORY Auctions Privacy Policy.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served on EX-FACTORY Auctions at 1805 Sardis Road North, Charlotte, NC 28270.or to the email address you provide to EX-FACTORY Auctions during the registration process.
If a dispute arises between you and EX-FACTORY Auctions, contact us and let’s work it out. EX-FACTORY Auctions and you agree that we will resolve any claim or controversy that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing.
All Business Transactions under this Agreement shall be governed and construed in accordance with the laws of the State of North Carolina without regard to principles of conflicts of laws. The Parties irrevocably submit to the jurisdiction of the Mecklenburg County, North Carolina for the purpose of any suit, action or other proceeding arising out of this Agreement. The Parties, furthermore, waive any right it may have to a trial by jury in respect of any claim brought by or on behalf of either party based upon, arising out of or in connection with this Agreement.
Any dispute arising hereunder, if not settled by mutual agreement, shall, at either party’s option, and, upon written notice by one party to the other, be settled by final and binding arbitration in Charlotte, North Carolina. The arbitration shall be conducted in accordance with the Commercial Dispute Resolution Procedures and Rules of the American Arbitration Association ("AAA Rules") by a single disinterested arbitrator appointed in accordance with such AAA Rules.
EX-FACTORY Auctions Inc. is located at 1805 Sardis Rd. North, Charlotte, NC 28270.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section (above). Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.