Introduction

THESE CONDITIONS OF SALE (THESE “CONDITIONS OF SALE”) APPLY TO YOU, THE PERSON ACCESSING HTTP://UAT5-N5-GATEWAYCLASSICAUCTIONS.AUCTIONMOBILITY.COM (the “Site”) AND/OR DOWNLOADING OR USING THE AUCTION MOBILITY LLC AUCTION EXPERIENCE MANAGEMENT PLATFORM MOBILE APPLICATION(S) (THE “APPLICATION”) AND REGISTERING FOR THE “SERVICES” AS MORE PARTICULARLY DESCRIBED IN THE TERMS OF USE (“YOU” OR “YOUR”), WHICH TERMS OF USE ARE HEREBY INCORPORATED BY REFERENCE. BY USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT THESE CONDITIONS OF SALE REPRESENT ESSENTIAL TERMS OF ANY AGREEMENT BETWEEN YOU AND A THIRD PARTY TO PURCHASE OR SELL ITEMS THROUGH THE SITE. YOU ACKNOWLEDGE THAT GATEWAY DIGITAL SERVICES, LLC D/B/A GATEWAY CLASSIC AUCTIONS (THE “AUCTION HOUSE”) IS NOT A PARTY TO YOUR PURCHASE OF ITEMS THROUGH THE SITE, AND THAT THE PURCHASE AND SALE OF ITEMS IS A TRANSACTION CONDUCTED EXCLUSIVELY BETWEEN YOU AND A THIRD PARTY BUYER/SELLER, AND NOT BETWEEN YOU AND THE AUCTION HOUSE; PROVIDED, HOWEVER, AUCTION HOUSE RETAINS THE RIGHT IN ITS SOLE AND ABSOLUTE DISCRETION AT ANY TIME PRIOR TO COMPLETION OF AN AUCTION TO REMOVE INFORMATION FROM THE SITE, INVALIDATE ANY BID, AND/OR TERMINATE ANY AUCTION, FOR ANY REASON OR NO REASON.

Use of Services

In consideration for your use of the Services through the Site, you agree to provide true, current, accurate, and complete information about yourself as requested, and to update such information as may be necessary to keep it true, current, accurate, and complete. You agree that you will use the Services in a manner that complies with all applicable laws, and you acknowledge that you are solely responsible for any content that you upload, download, transmit or otherwise process using the Services.

You explicitly agree not to use the Service with the intent to defraud the Auction House or any user of the Services, or any other party, including, but not limited to, using the Service to solicit sales fraudulently or using the Service to engage another party in a fraudulent transaction.

Termination

You agree that we, in our sole discretion, may terminate your use of and access to all or a portion of the Services, and remove and discard any content within the Site, for any reason, including, without limitation, for lack of use, or if we believe that you have violated this Agreement. You agree that any termination of your access to the Services or Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information, content, or other files in your account and/or prevent any further access to such files or the Services or Site. Further, you agree that we shall not be liable to you or any third party as a result of our termination of your access to the Services or Site.

If you are misusing the Services or Site, in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using Services.

If you’ve violated this Agreement, then you’re also responsible for damages to the Auction House caused by your violation of this Agreement. You are responsible for all claims, fees, fines, penalties and other liability incurred by the Auction House any user account holder, or a third party caused by or arising out of your breach of this Agreement, and/or your use of Services.

Fees

An auction bid is (i) your binding offer to buy the seller’s or consignee’s vehicle for the bid price plus any and all fees associated with vehicle purchase, (ii) your agreement to allow the Auction House to apply a verification charge on your payment method in the amount of $1.00, and (iii) your agreement to allow the Auction House to charge your payment method in the amount of $1,000 as a deposit (your “Deposit”) to be applied to the purchase price on a winning bid. Your Deposit shall be non-refundable but applicable to the purchase price if your bid is the winning bid. The verification charge will be refunded at the end of the auction.

The bid price is NOT the final price of the item to be paid by buyer to the seller/consignee. The price listed excludes government fees and taxes, registration and titling fees, regulatory and electronic processing charges, inspection charges, emission testing charges, and any other fees required by law to be collected by the listed consignee. Fees associated with documentation and consignment services may be applicable based on the jurisdiction of the vehicle to be purchased. A buyer’s fee of 12.5% of the winning bid amount is applied to the purchase price of any consigned vehicle and paid to the listing consignee after auction. Buyer must have a payment method on file with the Auction House for payment of the Deposit.

All information that you provide in connection with a monetary transaction interaction with the Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred.

After completion of an auction, the Auction House will facilitate the exchange of contact information between buyer and seller/consignee and transfer buyer’s nonrefundable Deposit to seller/consignee.

You may cancel your Auction House account at any time; however, there are no refunds for or in connection with cancellation and cancellation of your Auction House account does not cancel any winning bid made prior to such cancellation. If the Auction House suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund, including in any content or data associated with your account.

The Auction House may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion.

Listing Conditions

You are responsible for the accuracy and content of the listing and item offered. Content that violates any of Auction House’s policies may be modified or removed at Auction House’s discretion.

Once a final bid is made at or over the reserve price, if any, and the auction is concluded, then the item is sold to that bidder for that bid amount plus applicable fees. It shall be the responsibility of the seller/consignee to contact the buyer and arrange for final payment and delivery or pick up of the item by the buyer. It is the buyer’s responsibility to arrange for pick-up of the item.

Purchase Conditions

You are responsible for reading the full item listing before making a bid or commitment to buy, contacting the consignee to verify the physical condition, make and model of the item and performing all due diligence of the physical condition of the item. Any descriptions or representations are for identification purposes only and are not to be construed as a warranty of any type. The Auction House is not responsible for any representations as to the condition and/or the value of any vehicle. The Auction House relies on the owner(s) for information about the vehicles. The Auction House cannot be, and is not, responsible for omissions, errors, or inaccurate representations based upon information provided to it by owner(s).

You agree to pay the buyer’s fee to consignee if you are the winning bidder of the item. You represent that you are capable of paying the Deposit, the price indicated by a bid and the buyer’s fee, and any and all additional fees associated with your bid. The Auction House does not transfer legal ownership of items from the seller/consignee to the buyer. Buyer and seller/consignee are responsible for taking any and all necessary steps to transfer legal ownership.

Bidding and Auction 

In connection with the Services, seller/consignees may elect to include a reserve amount indicating the minimum price at which the seller will agree to sell the applicable item (the “Reserve”). The Reserve may be reduced during the auction.

The owner of any consigned vehicle listed on the Site agrees not to bid on its own vehicle. If an owner bids on their own vehicle, Owner shall pay a penalty to the Auction House of $1,000.00 and the bid will retroactively reset to a bid before owner participation.

Each buyer acknowledges and agrees that:

1. A winning bid submitted via the Site is binding on the buyer with respect to applicable buyer’s fees; and,
2. Buyer is responsible for all applicable government fees and taxes for applicable vehicles listed via the Service. Seller/consignee is not responsible for any shipping or delivery fee. You acknowledge and agree that Auction House bears no risk associated with purchasing of a vehicle listed via the Site, whether or not any inspection is performed and we make no warranties and bear no risk or responsibility whatsoever with respect to any recommended third party inspection services provided to you. Auction House is not responsible for incorrect information given by buyers or sellers/consignees, including title and other information regarding vehicles, including but not limited to, vehicle mileage, history, condition, and photos of the vehicle. Auction House does not guarantee vehicles available from our Site. The sale of vehicle(s) is between the consignee and the buyer only. Vehicle information or inspection reports provided by consignee/sellers is provided for informational purposes only.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE” TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE AUCTION HOUSE AND ITS LICENSORS AND SUPPLIERS DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WITH RESPECT TO THE APPLICATION, THE SITE, THE SERVICES, AND ANY INFORMATION OR DATA WE PROVIDE TO YOU, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, (2) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS, (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND (4) THAT ACCESS TO OR USE OF THE APPLICATION, SITE, CONTENT OR SERVCIES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. ANY RELIANCE UPON THE APPLICATION, SITE AND SERVICES IS AT YOUR OWN RISK.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH THESE CONDITIONS OF SALE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES, THE SITE AND UNINSTALL THE APPLICATION.

Please note that we do not have control over, and cannot guarantee the existence, quality, safety or legality of any item offered on the Site, the truth or accuracy of representations made by a buyer or seller/consignee, or the ability of any seller/consignee party to sell any item.

Your reliance upon the information available on the Application and/or Site or through use of the Services and your interactions with third parties identified through the Services is SOLELY AT YOUR OWN RISK. The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet, mobile devices and electronic communications and mail delivery systems. We are not responsible for any delays, delivery failures or other damages resulting from such problems. We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Application, Site and Services, or any portion thereof; and (2) to interrupt the operation of the Application, the Site and/or provision of Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes, or to comply with laws.

Some jurisdictions do not allow the above disclaimer of warranties, so such disclaimers might not apply to you.

Limitations of Liability

IN NO EVENT SHALL THE AUCTION HOUSE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR 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 SERVICES, THE USE OR PERFORMANCE OF THE SITE, APPLICATION OR THEIR RESPECTIVE CONTENT, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE SITE, THE APPLICATION OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE SITE, THE APPLICATION OR THEIR RESPECTIVE CONTENT, OR OTHERWISE ARISING OUT OF THE USE OR ACCESS OF THE SITE, USE OF THE APPLICATION OR USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE AUCTION HOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SITE OR THE APPLICATION, AND ALL OTHER USE OF THE SITE OR APPLICATION, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.

THE AGGREGATE AND CUMULATIVE LIABILITY OF THE AUCTION HOUSE TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THESE CONDITIONS OF SALE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, THE SITE, THE APPLICATION OR THEIR RESPECTIVE CONTENT, OR WITH ANY OF THESE CONDITIONS OF SALE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND UNINSTALL THE APPLICATION.

Some jurisdictions do not allow the above limitation of liability and/or exclusion of damages, so such limitations and exclusions might not apply to you.

Release

If you have a dispute with a seller/consignee or buyer, you release the Auction House (and its affiliates and subsidiaries, and its and their respective officers, directors, employees and agents) from any and all 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 dispute. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

Indemnification

You will indemnify and hold the Auction House and its Affiliates harmless with respect to any suits or claims arising out of (i) your breach of these Conditions of Sale, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; (ii) your fraudulent or malicious use of the Site, the Application and/or Services or your misuse or abuse of the Site, Application and/or Services or (iii) your violation of applicable laws, rules or regulations in connection with your use of the Site, Application or Services. YOU AGREE TO INDEMNIFY AND HOLD THE AUCTION HOUSE, THEIR THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE AUCTION HOUSE, AND/OR THEIR PARTNERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE CONDITIONS OF SALE.

Governing Law

You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Conditions of Sale and any claim or dispute between you and the Auction House.