Welcome to NFIAuctions. Transparency, ease of use and a smooth transaction are our primary goals.
If you have any questions or concerns regarding these terms of services, please contact: Legal@nfiauctions.com (814) 746-4213, 10093 W. Main Road, North East, PA 16428.
The Terms of Service (the “Terms”) are a binding contract between you and NFIAuctions, LLC (“NFIAuctions,” “we” and “us”). Your use of the System (defined as any software, hardware, people, process, technology and intellectual property used or provided by NFIAuctions, LLC.) in any way means that you agree to all these Terms, and these Terms will remain in effect while you use the System. These Terms include the provisions in this document as well as those in the Privacy Policy.
Read these Terms fully. These terms include information about future changes, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SYSTEM IN ANY MANNER.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Connecting Vehicle Sellers and Buyers
NFIAuctions connects those offering vehicles for sale (“Sellers”) and those looking to acquire vehicles (“Buyers”). The System act as a meeting place only; the actual contract for sale for each vehicle listed on the System is directly between the Seller and the winning Buyer unless additional assistance is provided by NFIAuctions.
Before acquiring a vehicle from any Seller, Buyers are responsible for making their own determinations that the vehicle is suitable. NFIAuctions is only responsible for connecting Sellers and Buyers. NFIAuctions will attempt to (but will not guarantee) make sure that any vehicle is up to a certain standard of quality. NFIAuctions will attempt (but will not guarantee) to ensure that information any Buyer or Seller provides about himself or herself or about any vehicle he or she is offering is accurate. Each Seller acknowledges and agrees that they shall make reasonable efforts to complete the sale of their Vehicle if there is a winning bid. Each Buyer acknowledges and agrees that if they are the winning Buyer in an auction through the System, their bid is binding on the Buyer and Buyer is responsible for all applicable government fees and taxes for the vehicle won through such bid. Notwithstanding the foregoing, we don’t control the actions of any Buyer or Seller, and Sellers aren’t our employees. NFIAuctions will attempt to assist the Buyers and Sellers in the completion of their transaction.
Sellers may not remove a vehicle made available for auction on the System before the end of such auction. While a vehicle is listed on the System, Seller may not list or make available such Vehicle on any other auction, dealership, listing service or publication.
These terms will not change unless done so in writing signed by NFIAuctions, Buyer and Seller.
Privacy
NFIAuctions takes the privacy of its users very seriously. For the current NFIAuctions Privacy Policy.
Warranties and Representations
You represent and warrant that you are an individual of legal age to form a binding contract. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organizations or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the System for your own internal, personal use, and not on behalf of or for the benefit of any third party. You will comply with all laws that apply to you, your use of the System, and your actions and omissions that relate to the System (for example, Sellers must comply with all laws that relate to the Vehicles). If your use of the System is prohibited by applicable laws, then you aren’t authorized to use the System. We can’t and won’t be responsible for your using the System in a way that breaks the law.
You will not share your NFIAuctions User ID, account or password with anyone, and you must protect the security of your NFIAuctions User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your NFIAuctions User ID and account.
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the System or interact with the System in a manner that:
(a) infringes or violates the intellectual property rights or any other rights of anyone else (including NFIAuctions);
(b) violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by NFIAuctions;
(c) is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable (including, without limitation, by creating multiple accounts for purposes of cheating or gaming the bidding system);
(d) jeopardizes the security of your NFIAuctions User ID, account or anyone else’s (such as allowing someone else to log in to the System as you);
(e) attempts, in any manner, to obtain the password, account, or other security information from any other user;
(f) violates the security of any computer network or cracks any passwords or security encryption codes;
(g) runs Mail list, Listserv, any form of auto-responder or “spam” on the System, or any processes that run or are activated while you are not logged into the System, or that otherwise interfere with the proper working of the System (including by placing an unreasonable load on the System’ infrastructure);
(h) “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the System or Content (through use of manual or automated means);
(i) copies or stores any significant portion of the Content; or
(j) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the System.
A violation of any of the foregoing is grounds for termination of your right to use or access the System.
Messaging
As part of the System, you may receive communications through the System, including messages that NFIAuctions sends you (for example, via email). When signing up for the System, you will receive a welcome message and instructions on how to stop receiving certain marketing messages.
User Submissions
Anything you post, upload, share, store, or otherwise provide through the System is your “User Submission”. Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the System. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules, and regulations.
You agree that you will not post, upload, share, store, or otherwise provide through the System any User Submissions that violate our terms or any law.
To display your User Submissions on the System, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions (see below for more information). Please note that all the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally identifiable information.
By submitting User Submissions through the System, you hereby do and shall grant NFIAuctions a global, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with this site, the System and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of this site or the System (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your account or the System . You also hereby do and shall grant each user of this site and/or the System a non-exclusive, perpetual license to access your User Submissions through this site and/or the System, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, including after your termination of your account or the System. For clarity, the foregoing license grants to us, and our users do not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Finally, you understand and agree that NFIAuctions, in performing the required technical steps to provide the System to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
Responsibly
Any information or Content publicly posted or privately transmitted through the System is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take because of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the System. We can’t guarantee the identity of any users with whom you interact in using the System and are not responsible for which users gain access to the System.
You are responsible for all Content you contribute, in any manner, to the System, and you represent and warrant you have all rights necessary to do so, in the way you contribute it.
The System may contain links or connections to third-party websites or services that are not owned or controlled by NFIAuctions. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that NFIAuctions is not responsible for such risks.
NFIAuctions has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the System. In addition, NFIAuctions will not and cannot monitor, verify, censor, or edit the content of any third-party site or service. We encourage you to be aware when you leave the System and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the System, you release and hold us harmless from all liability arising from your use of any third-party website or service.
If there is a dispute between participants on this site or Services, or between users and any third party, you agree that NFIAuctions is under no obligation to become involved. If you have a dispute with one or more other users, you release NFIAuctions, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected, or unsuspected, disclosed, or undisclosed, arising out of or in any way related to such disputes and/or our Services.
Fees
There are currently no Seller listing fees to list a Vehicle on the System.
Buyer Fees
If you are the winning Buyer for a vehicle listed on the System, you shall pay us a fee (a “Buyer’s Fee”) equal to 5% of the winning bid amount listed on the System. Each winning bid on the System, the minimum Buyer’s Fee is $250 and the maximum Buyer’s Fee is $5000. All Buyer’s Fees are non-refundable.
If you place a bid on the System, we will place a hold on your credit card in an amount equal to 5% of your bid amount (a minimum of $250, up to a maximum of $5000). We will remove all such holds – except the hold on the winning Buyer’s credit card – after the auction is completed. The hold on the winning Buyer’s credit will be charged as payment for the Buyer’s Fee immediately after the auction listing ends.
Disclaimer
NFIAuctions and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (NFIAuctions and all such parties together, the “NFIAuctions Parties”) make no representations or warranties concerning the System , including without limitation regarding any Content contained in or accessed through the System , and the NFIAuctions Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the System or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the System . The NFIAuctions Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the System including, without limitation, any vehicles. Vehicles and services purchased or offered (whether following such recommendations and suggestions) through the System are provided “AS-IS” and without any warranty of any kind from the NFIAuctions Parties or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SYSTEM AND CONTENT ARE PROVIDED BY NFIAUCTIONS (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE.
NFIAUCTIONS (I) DOES MAKES NO REPRESENTATIONS OR WARRANTIES OR ASSUME RESPONSIBILITY FOR ANY VEHICLE ADVERTISED OR OFFERED BY A SELLER THROUGH THE SERVICE (OR ANY HYPERLINKED WEBSITE OR SERVICE) AND (II) WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND A BUYER OR OTHER THIRD-PARTY PROVIDER.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE NFIAUCTIONS PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO NFIAUCTIONS IN CONNECTION WITH THE SYSTEM IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. You agree to indemnify and hold the NFIAuctions Parties harmless from and against all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the System (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (if failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without NFIAuctions’ prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the, without regard to the conflicts of law’s provisions thereof.
Arbitration Agreement. Please read the following ARBITRATION AGREEMENT vehicle fully because it requires you to arbitrate certain disputes and claims with NFIAuctions and limits the way you can seek relief from NFIAuctions. Both you and NFIAuctions acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, NFIAuctions’ officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Erie County, PA. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. NFIAuctions will pay all arbitration fees for claims less than fifty thousand ($50,000) dollars.
(c) Small Claims Court; Infringement. Either you or NFIAuctions may assert claims, if they qualify, in small claims court in Erie County, PA or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
(d) Waiver of Jury Trial. YOU AND NFIAUCTIONS WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and NFIAuctions are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and NFIAuctions over whether to vacate or enforce an arbitration award, YOU AND NFIAUCTIONS WAIVE ALL RIGHTS TO A JURY TRIAL and elect instead to have the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER
(f) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with NFIAuctions.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the System, provided that the NFIAuctions may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and NFIAuctions agree that these Terms are the complete and exclusive statement of the mutual understanding between you and NFIAuctions, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of NFIAuctions, and you do not have any authority of any kind to bind NFIAuctions in any respect whatsoever.
Except as expressly set forth in the section above regarding the arbitration agreement, you and NFIAuctions agree there are no third-party beneficiaries intended under these Terms.