Coast2Coast Auctions ® and Realty LLC User Terms and Conditions
Last Updated on Aug. 17, 2017
Welcome to Coast2Coast Auctions ®. This Agreement sets forth Your rights and obligations as a Coast2Coast Auctions ® User. By using this site or participating in any of our auction,” You indicate that You have read and understood this Agreement and You will be bound by its Terms.
A. “Coast2Coast Auctions ®” is a trademark of Coast2Coast Auctions and Realty LLC.
B. “Coast2Coast Auctions ®” means Coast2Coast Auctions and Realty LLC. In this Agreement, references to “Coast2Coast” as a Party mean and refer toCoast2Coast Auctions and Realty LLC , and Coast2Coast Auctions and Realty LLC’s owner(s), parent company(ies), affiliate entities, and employees, and assigns.
B. “Parties” mean Coast2Coast and You. Coast2Coast and You are each a “Party.”
C. “Terms” mean and refer to the Terms and Conditions set forth herein.
D. “User” refers to a person who has created a Coast2Coast Account. “User Account” refers to a User’s Coast2Coast Account.
E. “You” and “Your” means the Coast2Coast User who has executed this agreement by registering to bid in any of our auctions (including agreeing to the terms and conditions on third party bidding sites that are linked to these terms) .
F. “Goods” refers to personal property, also know as “Chattel” property.
G. “Real Estate” refers to real property.
H. “Bid/s” refers to a prospective buyer’s indication or offer of a price they are willing to pay to purchase property at auction. Bids are usually in standardized increments established by the Coast2Coast. Bids may be made in-person, or on-line.
I. “Bidder” refers to someone who places a Bid at an auction.
J. “Online Bidding Provider” refers to an online company that registers and accepts online bids from Bidders.
K. “Auction” refers to A method of selling property in a public forum through open and competitive bidding. Also known as “public auction” or “auction sale.”
L. “Register to Bid” refers to providing information to the Coast2Coast, and agreeing the terms and conditions of the Auction the bidder wishes to place a Bid in.
M. “Reserve” The minimum price that a seller is willing to accept for a property to be sold at auction. Also known as “reserve price”. Auctioneer reserves the right to bid the reserve for his clients in any of his auctions.
II. Becoming a Coast2Coast User
By registering to bid in any of our auction you are indicating that you agree to these Terms, and creating a User Account, You become a Coast2Coast User. There are various products and services, and available to Users, and monthly prices applicable to such products and services. Coast2Coast’s products, services, Goods and Real Property. To bid on Goods and Real Property, you will be directed from our website to that of our online bidding provider. You must also agree to the terms and conditions of the bidding provider.
III. Term and Termination
Your User contract with Coast2Coast begins when You use this website, or agree to the terms and conditions listed on any third party bidding platform linked to this site.
A. Coast2Coast cancels Your account due to Your breach of any of the Terms of this Agreement. In the event this Agreement is canceled due to Your breach,
B. You provide Coast2Coast ten (10) days’ e-mail notice, as provided herein, of Your cancellation of Your account.
C. Your credit card or Coast2Coast’s charge is denied for any Goods, product or service for any reason and You do not provide Coast2Coast a new credit card within ten (10) days.
IV. No License to use Coast2Coast Auctions ® Marks
Any content on any Coast2Coast website may constitute the intellectual property of Coast2Coast. Except where expressly authorized, no material on any Coast2Coast website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. The Coast2Coast Auctions ® trademark and logo are proprietary marks of Coast2Coast, and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Coast2Coast or any of Coast2Coast’s affiliates.
You agree to protect, defend, indemnify and hold harmless Coast2Coast, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against Coast2Coast for liability for payments for, damages caused by, or other liability relating toYou.
VI. No Warranty; No Leads.
- All purchases of Goods made at an Auction conducted by Coast2Coast (whether in-person or on-line) are on an “AS IS”, “WHERE IS” basis (shipping and packing are not included). Neither we nor the consignor make any guarantees, warranties or representations, express, or implied, with respect to the Goods, except as to the warranty of title. All implied warranties of MERCHANTABILITY and FITNESS FOR PURPOSE ARE SPECIFICALLY DISCLAIMED by us and the consignor. This includes, but is not limited to, representation or warranty of any kind with respect to any of the following characteristics of the Goods: age, authenticity, genuineness, attribution, provenance, origin, physical condition, importance, size, quality, quantity, rarity, value exhibitions, historical references or significance, medium, material, period, culture, or source/origin. All information in the catalog, sale bill,auction listing/catalog, advertising, web site or elsewhere , concerning the characteristics mentioned above, is offered to You as a statement of opinion only. You must make an independent judgment about the Property, its value descriptions or other information about the Property. We may (without in any way diminishing our disclaimers of liability contained in this Paragraph and elsewhere) mention in the description of the item or lot, significant damage, although this does not include all faults, imperfections and restorations. All measurements and weights stated in any of the means of communication are approximate, unless accompanied by a G.I.A. or comparable certificate certifying measurements and weight.
- Coast2Coast does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that Coast2Coast will not at any time provide sales leads or referrals to You. Additionally, Coast2Coast’s WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Coast2Coast MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY Coast2Coast WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. Coast2Coast MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY Coast2Coast WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY Coast2Coast WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY Coast2Coast’s WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY Coast2Coast’s WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED ON OR AVAILABLE THROUGH Coast2Coast’s WEB SITE OR 3RD PARTY WEB SITES (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR Coast2Coast’s AND BIDDERS USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Coast2Coast DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEB SITE/SITES OR PHONE LINES, WILL BE UNINTERRUPTED, ERROR FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USE OF THE WEB SITE IS SOLELY AT YOUR RISK, AND BIDDERS RISK.
- ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED ON OR AVAILABLE THROUGH Coast2Coast WEB SITE OR 3RD PARTY WEB SITES (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR Coast2Coast AND Your USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUTNOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Coast2Coast DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEB SITE/SITES INTERNET CONNECTIONS, SERVICES, ROUTERS, HUBS, LINKS, OR PHONE LINES, WILL BE UNINTERRUPTED, ERROR FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USE OF THE WEB SITE IS SOLELY AT Your RISK.
- The Coast2Coast websites may include inaccuracies, errors and materials that conflict with these Terms. In the event of any conflict between anything posted on any Coast2Coast website and these Terms, these Terms shall control.
VII. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL Coast2Coast BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF Coast2Coast HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM Your OF OR INABILITY TO USE THE WEB SITE, 3RD PARTY SITES OR PHONE EQUIPMENT. UNDER NO CIRCUMSTANCES WILL Coast2Coast’s AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH YOUR USE OF THE Coast2Coast WEB SITE OR 3RD PARTY WEBSITE, PHONE SERVICE OR SERVICES, EXCEED THE FEES ACTUALLY PAID BY YOU IN CONSIDERATION FOR THE SERVICES. BECAUSE CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, Coast2Coast LIABIILTY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU AGREE THAT YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
VIII. Force Majeure.
Coast2Coast will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Coast2Coast. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. Coast2Coast shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
IX. Assignment of Rights.
Coast2Coast may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by you without Coast2Coast’s or its assigns express written consent.
X. Information; Registration; User Names and Passwords
As a Coast2Coast User, You will be required to create an account with Coast2Coast. You warrant that the information You provide Us is truthful and accurate, and that You are not impersonating another person. You are responsible for maintaining the confidentiality of any password You may use to access Your Coast2Coast User account, and You agree not to transfer Your password or User name, or lend or otherwise transfer Your use of or access to Your User account, to any third party. You are fully responsible for all transactions with, and information conveyed to, Coast2Coast under Your User Account. You agree to immediately notify Coast2Coast of any unauthorized use of Your password or User name or any other breach of security related to Your User account. You agree that Coast2Coast is not liable, and You will hold Coast2Coast harmless, for any loss or damage arising from Your failure to comply with any of the foregoing obligations.
XI. Release/Authorization to Use Photographs.
You grant Coast2Coast permission to use any and all photographs taken by Coast2Coast or its agents or employees, or submitted by You to Coast2Coast (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of Coast2Coast or any product or service sold and marketed by Coast2Coast. You agree that this authorization to use Photographs may be assigned by Coast2Coast to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in Coast2Coast’s sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against Coast2Coast in exchange for this Release and Assignment. You hereby release and forever discharge Coast2Coast from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.
XII. Prohibited Activity.
Coast2Coast has the right to terminate this Agreement at any time if You engage or have ever engaged in any of the following:
A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to Coast2Coast’s reputation; and the violation of the rights of Coast2Coast or any third party.
B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for UCE/spam. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to Coast2Coast’s reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.
If You have any questions or complaints concerning any of the Terms, You may contact Coast2Coast by e-mail at rob@C2Cauction.com, or by regular mail at 1081 Teson Rd. Hazelwood, MO. 63042
California residents, under California Civil Code Section 1789.3, may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
XIV. Digital Millennium Copyright Act
If You believe that materials or content available on any Coast2Coast website infringes any copyright You own, You or Your agent may send Coast2Coast a notice requesting that Coast2Coast remove the materials or content from the Coast2Coast website. If You believe that someone has wrongly filed a notice of copyright infringement against You, You may send Coast2Coast a counter-notice. Notices and counter-notices should be sent to Coast2Coast, Attention Legal Department, at 1081 Teson Rd. Hazelwood, MO, or by e-mail rob@C2Cauction.com.
XV. Arbitration, Governing Law, and Attorneys’ Fees.
A. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against Coast2Coast including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in St. Louis County, MO. You agree not to file suit against Coast2Coast or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and Coast2Coast. In the event that You and Coast2Coast are unable to reach agreement on an Arbitrator, You and Coast2Coast will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of St. Louis County, MO. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and Coast2Coast and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.
B. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Missouri without regard to any choice of law provisions.
C. WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against Coast2Coast to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against Coast2Coast may not be joined or consolidated with claims brought by anyone else.
D. LIMITATIONS PERIOD. Any claim brought in arbitration relating to this Agreement must be commenced within one (1) year from the date when the cause of action or claim accrued or it shall be forever barred. The right of action or suit shall accrue, and the one (1) year limitation period shall begin to run, on the date the breach, damage, or injury is sustained and not when the resulting cost, damage, harm or loss is discovered.
E. INJUNCTIVE RELIEF. Nothing in this Agreement prevents Coast2Coast from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect Coast2Coast’s rights prior to, during, or following any arbitration proceeding.
F. ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or Coast2Coast commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.
XVI. Changes to Terms
Coast2Coast reserves the right to change these Terms, in whole or in part, from time to time at Coast2Coast’s sole and absolute discretion, and to provide You with notice of such change by any reasonable means, including without limitation posting revised Terms https://www.Coast2CoastAuctions.com/terms. By Your continued use of Coast2Coast’s services, and unless You terminate this agreement as provided herein, You manifest Your agreement to any subsequent changes to the Terms.
If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.
No waiver by Coast2Coast of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
Any notice required to be given to Coast2Coast under or related to these Terms must be in writing, addressed as follows:
1081 Teson Rd.
Hazelwood, MO. 63042
General Support and Inquiries: firstname.lastname@example.org
Safety of operation of electrical items including but not limited to (lamps, lights, chandeliers, and sconces, fans, or other electrical devices). Coast2Coast recommends that all electrical items we sell be checked and installed by a licensed electrician. Many of the electrical items we sell are vintage or antique and as such may not meet current safety standards, specifically many of the table lamps may have non-polarized plugs, the hanging lamps may lack grounding conductors, and the fans finger guards are not to modern standards. You assume responsibility to check with the Authority Having Jurisdiction regarding the local codes about these electrical devices and assume any and all liability for their installation and or operation. You agree that by participating in an auction and picking up your items at an off-site pickup to do so at your own risk, and absolve Coast2Coast of any liability including but not limited to: lighting, handrails, steps, yards, gardens, walkways, driveways, paving, carpets, flooring, holes, stumps, and trip hazards.
All funds are to be paid in US dollars. You are responsible for and agree to pay all duties, customs, taxes, VAT, and other fees associated with the purchase of the item. Unpaid balance will bear interest at the highest rate submitted by law from the date of invoice until paid. You agree to pay attorney’s fees, court costs, and other collection costs incurred by Coast2Coast. Coast2Coast shall have a lien against the Goods purchased byYou to secure payment of the Auction invoice. Coast2Coast is further granted a lien and the right to retain possession of any other property of the Buyer then held by the Coast2Coast or its affiliates to secure payment of any Auction invoice or any other amounts due the Coast2Coast. With respect to these lien rights, Coast2Coast shall have all the rights of a secured creditor under Article 9 of the Missouri Uniform Commercial Code, including but not limited to the right of sale. In addition, with respect to payment of the Auction invoice(s), You waive any and all rights of offset you might otherwise have against Coast2Coast and the consignor of the merchandise included on the invoice.
XXIII, Vintage Toys.
Vintage toys are sold with a PRIMARY USE as collector’s items for display purposes and as such are not recommended as play items. Many vintage toys do not meet today’s safety standards, some are either coated with lead paint, contain lead or are made entirely of lead (eg. toy soldiers), others may contain phthalates (chemicals put in plastic to make them more pliable), or be a choke hazard. You agree that to comply with the Consumer Product Safety Improvement Act they are buying these items as collectibles for display purposes only and have no intention of either using them, or selling them as play toys, to be used for play by children in any way. You further agree to assume all liability and responsibility for disregarding this warning and letting children play with any vintage toy purchased from Coast2Coast, and to hold harmless the Seller, Coast2Coast, his employees, agents or assigns, in the event of injury, harm or death to anyone as a result of any vintage toy purchased from Seller.
XXIV. Items not picked up/Items with outstanding shipping charges.
Items being picked up by the Buyer, within 4 days after the scheduled pickup date will acrew at a storage charge at the rate of $25/day. Items not picked up within 1 week after the pickup date will be re-sold to pay for storage costs. Coast2Coast is further granted a lien and the right to retain possession of any other property of Yours then held by the Coast2Coast or its affiliates to secure payment of any auction invoice or any other amounts due the Coast2Coast or affiliates from You. With respect to these lien rights, Coast2Coast shall have all the rights of a secured creditor under Article 9 of the Missouri Uniform Commercial Code, including but not limited to the right of sale. In addition, with respect to payment of the Auction invoice(s), You waive any and all rights of offset You might otherwise have against the Coast2Coast and the consignor of the merchandise included on the invoice. If You owe Coast2Coast or its affiliates on any account, Coast2Coast and its affiliates shall have the right to offset such unpaid account by any credit balance due Bidder, and it may secure by possessory lien any unpaid amount by any of Your property in their possession. Title shall not pass to the successful Bidder until all invoices are paid in full.
XXV. Returned Checks.
When paying with a check, You agree to have value of check purchase plus any bank fees, placed as a sale against credit card number on file with Coast2Coast in event of your check being returned for insufficient funds or a closed account.
XXVI Buyer’s Premiums.
A 18% Buyer’s Premium will be charged on all Online or Absentee Bids, regardless of payment method, unless there is a higher listed Buyer’s Premium in the auction listing. In this case the higher Buyer’s Premium will prevail.
It is the responsibility of the Buyer to provide adequate insurance coverage for the items once they have been delivered to a common carrier or third-party shipper.