The terms of use are entered into by and between you and Real Time Auction, LLC ("Company", "we", or "us"). The following terms and conditions govern your access to and use of realtimeauction.live, including any content, services, features, reports, and functionality offered on or through realtimeauction.live (the "Website").
Please read the Terms of Use before you begin to use our services. By using our services, you accept and agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to the Terms of Use, or if you do not agree to our Privacy Policy, you must not access or use this Website for any purpose.
We may update these Terms of Use at our sole discretion. All changes are effective immediately when posted and apply to all access and use of the Website thereafter. Your continued use of the Website following a posted revision of the Terms of Use means you accept and agree to the changes.
This Website is a "Platform" for purposes of allowing Sellers to create their own Auctions and Lots to sell products to Buyers. When a User creates an Auction, said User becomes the Seller of said Auction. A Seller (User) may designate a Sales Manager (User) who has authority to administer the Auction and Lots affiliated with said Auction. Sellers and Sales Managers may provide their own Terms and Conditions (Auction Terms and Conditions) for Auctions they control. Seller and Sales Manager Terms and Conditions are unrelated to this document and should not be confused with the Terms of Use of this Website.
Users who wish to monitor an Auction, or bid on a Lot within an Auction must register for said Auction. Users who Register for an auction ("Registered User") are affirming their acceptance of the Terms and Conditions on said Auction. At the time of registration, a Registered User is assigned a unique bidder number specific to the Auction for which they registered. A user registered for multiple Auctions will have different (unique) bidder numbers for each Registered Auction. When a Registered User places a bid on a Lot within an Auction, that User becomes a "Bidder User" within the context of the Auction.
Auctions may have Lots owned by multiple "Consignors". A "Consignor User" is a user who has ownership of a specific Lot and is intended for use to indicate possession of the goods or services for sale under the Lot.
This Website charges a fee to Sellers to create Auctions and Lots. This fee may be apportioned between the Seller, Sales Managers, or Consignors affiliated with an Auction at their discretion. The Seller is responsible for ensuring all fees for an Auction are paid before the Auction may be allowed to "Go-Live" (accept bids).
The Company is not a party to the buy/sell transaction between a Buyer and Seller. The Company provides the contact details to all relevant parties when a Lot is "won" in an Auction at the time the Auction closes. The Company does not collect, process, or hold payment for any goods or services sold by a Seller to a Buyer. All exchanges of payment, goods, and services described by a Lot within an Auction are the responsibility of the Seller and Buyer.
Sellers and/or Sales Managers may create Auctions and Lots within Auctions for the purposes of selling goods and services. Sellers and/or Sales Managers may designate a Consignor for a Lot to indicate ownership of the goods or services being sold under said Lot.
Sellers, Sales Managers, and Consignors may submit Content in the form of written text, images, audio recordings, video recordings, and website links ("Content") for inclusion to their Auctions and Lots. By submitting Content to the Company, you grant the Company a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content for the purpose of displaying, distributing, and promoting your Auctions and Lots.
Sellers, Sales Managers, and Consignors represent that all Content, information, and interactions submitted to the Company and/or Buyers is true and accurate.
Sellers, Sales Managers, and Consignors represent that all website links they provide on Auction(s) and Lot(s) do not violate the Terms of Use. Website links are provided as a convenience. The Company may remove any website link without providing a reason at any time.
Sellers and Consignors represent they have both authorization and an intent to sell the goods or services indicated in their Auctions. Any item being sold that requires a title, license, registration, permit, or other representation to a relevant jurisdiction must be clean and clear and is the responsibility of the Seller or Consignor.
Sellers understand this service is hosted on Public Cloud Infrastructure and outages of that infrastructure are not the responsibility of the Company.
Any credit card payments to the Company are not refundable. All credit card fees are the responsibility of the Seller. All credit card transactions are subject to the credit card processor (Stripe) Terms and Conditions. Credit card information is not stored by our Company. Credit Card information may be stored by the Company's credit card processor (Stripe).
When you register for an Auction, you affirm that you accept the Terms and Conditions of the Auction and you become a "Registered User" of that Auction. You are now considered a "Bidder" and are accessing the Website with features now available to you to place bids. You are entirely responsible for any bids you place.
All bids are processed in the order in which they are received by the Website and are recorded by timestamp. Lots are configured with a Bid Increment to designate the amount of money that each bid must be increased by for acceptance. As an example, if a Lot has a Bid Increment of $50, then to have a bid accepted by the Website, each bid must be in increments of $50. Valid bids would be $100, $150, $200, etc. Lots may have a Minimum Bid (Opening Bid) requirement which is disclosed to Bidders and indicates the value of the first bid to be placed. Lots may have a Reserve Price which is NOT DISCLOSED to Bidders. Bidders are shown an indication as to whether the Reserve Price has or has not been met.
Bidding may be accomplished in three ways and each has specific bidding mechanisms you are agreeing to. You are responsible for all bids made using any of these methods.
Manual Bid: You may enter a specific amount in an input area and then submit that bid. In this case, you are specifying the exact amount you are willing to bid.
Bump Bid: Sellers may optionally configure Bump Bid buttons on a Lot that indicates an amount on them. A Bump Bid takes the current high bid value and adds the face value of the bid button to the current high bid value. For example, if a Bump Bid Button is set to bump the top bid by $500 and the current top bid is $2,300, then by pressing this Bump Bid Button, you are bidding $2,800. Be aware that when bidders are simultaneously placing bids, the top bid may be changing rapidly which could lead you to bid more than you expected. As an example: if the top bid changes 0.1 seconds before you click the Bump Bid Button, you may not notice that the top bid value changed before pressing the Bump Bid Button. You are responsible for your bids regardless of this timing issue.
Maximum Auto-Bid: This feature allows a bidder to designate the maximum amount you are willing to bid on a Lot. When using this feature, the Website implements an “Auto-Bidder” on your behalf. As bids are made on a lot, the Auto-Bidder will make bids on your behalf up to your Maximum Bid. You are responsible for all bids made by the Auto-Bidder up to the amount you designated as your Maximum Bid.
The Auto-Bidder will make the lowest winning bid on your behalf based on the rules of the Lot, using the Bid Increment of the Lot.
Example 1: The Lot Increment is $100, your Maximum Bid is $600, and a new (high) bid is received for a value of $300, then the Auto-Bidder will place a bid on your behalf of $400 making you the top bidder.
Example 2: The Lot Increment is $20 and you have set a Maximum Bid of $300. The top bid (yours) is currently $220. Another user places a bid at $260. Your Auto-Bidder would then place a bid at $280 (top bid + Lot Increment). A user places a bid at $300. Your Auto-Bidder would then place a bid at $300 (matching the top bid) and would give you priority at that bid amount because you placed your Maximum Auto-Bid amount BEFORE the other user made the $300 bid. In this scenario, your Auto-Bidder did NOT go above your maximum bid of $300.
If multiple Bidders have used the Maximum Auto-Bid feature, each Bidder’s Auto-Bidder will be processed in the Timestamp order in which they placed their Maximum Auto-Bids.
Example: The Lot Increment is $50, the current (high) bid is $2,050. User A sets a Maximum Auto-Bid for $3,000. User A Auto-Bidder places a bid at $2,100 to become the top bidder. User B then decides to place a Maximum Auto-Bid for $2,800. User A Auto-Bidder places a bid at $2,850 which beats User B’s Auto-Bidder (which stopped at $2,800). User B then increases their Maximum Auto-Bid to $3,000. Now User A and User B have the same Max Auto-Bid amounts. The top bid is advanced to $3,000 in favor of User A because this user placed their Max Auto-Bid BEFORE User B.
Interaction with the Reserve Price of a Lot. If a Reserve Price is set on a Lot, the Maximum Auto-Bid feature will increment bids to the Reserve price if possible.
Example 1: Lot Increment is $100, the current (high) bid is $1,100, and a Lot Reserve price is set for $5,000. You place a Maximum Auto-bid for $3,500. The Auto-Bidder places a bid at $1,200 and makes you the Top Bidder. Note the Lot Reserve is NOT MET. You decide to up your Maximum Auto-Bid to $5,000. The Auto-bidder places a bid immediately for $5,000 meeting the Reserve Price on the Lot and making you the Top Bidder. Note that this happened without any other bids coming in.
Example 2: Lot Increment is $100, there are NO bids on the Lot, the Lot has an Opening price of $1,000, and the Lot Reserve price is set for $5,000. You place a Maximum Auto-bid for $6,500. The Auto-Bidder places a bid at $5,000 and makes you the Top Bidder. Note the Lot Reserve is now met.
The Company is not responsible for Internet conditions or disconnections during sales. Buyers understand they are responsible for Internet connectivity to the Website during Auctions and must have sufficient bandwidth to use the Website.
A Bidder User who wins a Lot (Buyer) receive notification upon close of the Auction. It is up to the Buyer to contact the Seller to arrange Payment, Transport, Care, Delivery, and any other necessary arrangements in order to complete the buy/sell transaction.
Buyer acknowledges that the Company has no involvement in the transaction between Buyer and Seller. The Company has no control over and provides no guarantees as to the quality, truth, accuracy, or content provided by the Seller. The Company has no control and provides no guarantees that the Buyer and Seller will complete a transaction.
All Users acknowledge the Company provides a Platform for connecting buyers and sellers for the purposes of conducting Auctions. Auctions are created and managed by Sellers and/or Sales Managers on Seller's behalf. Sellers and Sales Managers may designate a Consignor on a Lot by Lot basis within an Auction. All information regarding the Auction and Lot(s) is provided by the Seller, Sales Manager, and Consignor(s). The Company does not warrant information correctness or thoroughness on any Auction or Lot. Buyers are responsible for researching, understanding, and validating any information related to Bids they may place. The services provided by the Website are solely a platform.
All Users are responsible for providing their own Internet connectivity to the Website. The Company is not responsible for failure of Internet connectivity for any User or the Website itself. All online bidding is subject to the throughput, latency, and successful delivery of data between the Bidder and the Website and the Company makes to guarantee or warranty as to the throughput, latency, or successful delivery of this data.
All users acknowledge that the Website is hosted on a Public Cloud Service Provider, which may experience unplanned outages, maintenance, or Internet connectivity problems and the Company is powerless to prevent these outages. The Company utilizes a Highly Available architecture for hosting the Website by using multiple Availability Zones to limit outages, but makes no guarantee as to availability or performance of the Website.
All users acknowledge that third party website links may be provided by the Company, or by Sellers, Sales Managers, and Consignors. These website links are a convenience and do not indicate any endorsement, affiliation, or responsibility on the part of the Company. The company has no control over the content of those sites and accepts no responsibility for your use of these sites.
The Company may, at its sole discretion and without notice, make changes to the services provided at any time. Services or feature availability may be withdrawn at any time. The Company is not liable for any reason if any or all parts of the Website or services are unavailable at any time. The Company may perform maintenance on the Website or services at any time and without prior notice. Certain portions of the Website may be unavailable or not accessible to users of the Service at any time.
To access certain features of the Website, you are required to register for an Account. The Company collects certain information provided by you when creating your Account. You consent to the Company storing this information. You acknowledge that all information you provide to the Company is correct, and you must update said information if changes occur. It is a condition of your use of this Website and any related Services that your information is correct and complete. Further details of how your information may be used by the Company are provided in our Privacy Policy. You acknowledge that you have read and agree to our Privacy Policy and consent to all storage of and actions we take with your information.
When registering for access to this Website, you will select a user name and password. It is your responsibility to select a strong password and you must not disclose your password to any other person or entity. Your account is personal to you and you agree that you will not provide nor allow any other person or entity to use your account for any purpose. You agree to notify the Company immediately of any unauthorized access to your account or any other breach of security. You agree that logging out of your account and ending any sessions with the Website are your responsibility.
The Company has the right to enable, disable, activate, or terminate your user account at any time with no requirement to provide a reason. You acknowledge that any Violation of these Terms of Use will result in immediate account Termination.
The Company provides access to the Website conditional to your acceptance of the Terms of Use. You acknowledge that all features, software, media (text, video, audio), and design (collectively known as Content) are intellectual property owned by the Company and is protected by United States Copyright, trademark, and patent law. You must not make or modify copies of any Content. You must not alter any Copyright, Trademark, or other proprietary notices from copies of any Content. You acknowledge it is a breach of the Terms of Use to print, copy, modify, download, or provide access to any other person or entity any Content owned by the Company. If any Content is downloaded, copied, printed, or modified, you must notify the Company immediately and you agree at our option to return or destroy any copies of the Content you have. No right, title, or interest in or to the Website or any Content hosted on the Website are transferred to you and all rights not expressly granted are reserved by the Company. Content provided to the Website by Sellers, Sales Managers, and Consignors such as text, images, videos, and audio recordings for the purposes of marketing their Auction(s) and Lot(s) remain the property of the User who uploaded said Content. You grant the Company a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content for the purpose of displaying, distributing, and promoting your Auction(s) and Lot(s).
You agree to use the Website and any services offered by the Company in good faith and only for lawful purposes and in accordance with the Terms of Use. You agree NOT to use the Website or any service offered by the Company:
In any way that violates any federal, state, local, or international law or regulation. You are responsible for all licenses, taxes, fees, registrations, notifications, and regulatory compliance that may be required to conduct your Auction and with the type of property being Auctioned. You may not use this Website to buy or sell restricted items of any kind, such as illegal drugs, firearms, munitions, explosives, or harmful substances. The Company may immediately terminate your Auction without refund or recourse if it is deemed in violation of the Terms of Use.
In a way that would maliciously reveal personal or private information about another person (commonly known as 'doxxing') regardless of their affiliation to the Company or Website. This information can include, without limitation, someone's email address, phone number, home address, family address, financial details, or sensitive documents. Please note that the Company does share personal information in accordance with our Privacy Policy for the purposes of connecting Buyers and Sellers in Auctions.
To disrupt, disable, overburden, damage, or in any way impair the Website, or any other System, Service, or Website owned by another company or person.
To disrupt or inhibit any other User from using the Website or any Services offered by the Company.
Through the use of automation. You agree not to use any web scraping tools, for example, a robot, spider, or other automatic tools or processes meant to monitor, copy, download, upload, inject, transfer, or submit information to or from the Website.
In a way that would interfere with the proper working of the Website and Services. You agree not to use any device, software, process, or methodology to compromise the integrity, security, performance, or availability of the Website. You agree not attempt to gain unauthorized access to the Website any Services, or User accounts not your own.
In any way to introduce, upload, download, control, or distribute any malicious, restricted, or protected software. Examples of malicious software include but are not limited to viruses, malware, trojans, worms, ransomeware, and keyloggers. Examples of restricted software include munitions such as cryptographic software and cyber weapons. Examples of protected software include any software restricted by copyright, patent, and licensed software.
The Company has the right to monitor the Website, Services, and Content for any reason. The Company has the right to:
Remove any Content provided by a User at our sole discretion and without providing a reason.
Take action with respect to User supplied Content that the Company deems necessary or appropriate at our sole discretion, if said content creates liability for the Company, infringes any intellectual property rights, rights of any person or entity, threatens the safety of the public or Users, or which violates the Terms of Use.
Disclose your identity or other information about you to third parties who claim the Content uploaded by you violates their intellectual property rights.
Take legal action, including without limitation, referral to law enforcement or regulatory agencies for any illegal activity, activity that violates the Terms of Use, or any unauthorized use of the Website.
The Company has the right to cooperate fully with any law enforcement, regulatory agency, or court orders requesting the Company to disclose the identity or any other information of anyone accessing the Website. You agree to waive any claims and to hold harmless the Company resulting from any action taken by the Company as a consequence of investigations by law enforcement, regulatory agency, or court.
Use of the Website, Services, or Content is at your own risk. The Website, Services, and Content are provided "AS IS" and "AS AVAILABLE" without any warranty of any kind, either expressed or implied. You accept all risk and liability arising from any use of the Website, Services, or Content. None of The Company or its representatives makes any representations or warranties of any kind whatsoever, express or implied, at law or in equity, in connection with or with respect to any of the services, including with respect to any representations or warranties in regard to quality, performance, noninfringement, commercial utility, merchantability or fitness for any particular purpose or use.
You acknowledge that transmissions to and from the Website are not confidential and your transmissions may be intercepted by others. You acknowledge that transmitting information to the company does not create a confidential, fiduciary, or contractually implied relationship between you and the Company.
In no event will the Company, Officers, Employees, and Representatives be liable for damages of any kind resulting from your use of or inability to use the Website, Services, or Content.
You agree to indemnify and hold harmless the Company, Officers, Employees, and Representatives from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses, and fees (including attorney fees) relating to your violation of the Terms of Use.
The Company is located in Tennessee and all matters relating to the Website, Services, Content, these Terms of Use, and any dispute or claim shall be governed by the laws of the State of Tennessee. Any legal suit, action, deposition, or proceeding related to these Terms of Use, the Website, Services, or Content
The Company retains sole discretion to require you to submit any disputes arising from the Terms of Use, the Website, Services, or Content to final and binding arbitration.
Any controversy or claim arising out of or relating to this Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Washington County, Tennessee. The arbitration shall be governed by the laws of the State of Tennessee.
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and the Company and supersede all agreements, representations, and warranties written and oral.