Legal Agreements
Terms of UsePrivacy Policy
Updated: May 19, 2025
Terms of Use
Below you can find the terms and conditions that determine your use of our website(s), applications and services (the “Services”). The terms outlined in this agreement and our Privacy Policy, (collectively referred to as the “Agreement”) are a legally binding contract between you (also referred to “you” and “your” in this Agreement) and Aucto Inc. (collectively with its affiliates and subsidiaries, "Aucto", "we", "our" or "us"). 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 SERVICES IN ANY MANNER.
This Agreement, and our Services may be amended by Aucto at any time. You will be notified of any amendments via email or notification on our website. Continued use of our websites, applications, and Services will constitute acceptance of the revised Terms.
Definitions
  • 1. "Auction" means a timed online auction hosted on the Marketplace where Buyers can place competing bids in an open bidding format; and where the winning buyer will be determined as the Bidder with the highest Bid which exceeds any reserve amount listed.
  • 2. "Bid" means submitting an online bid on a Listing in Auction format.
  • 3. "Buy Now" means a fixed price listing format on the Marketplace where Buyers can purchase an item for the asking price or submit Offers for consideration by the Seller.
  • 4. "Buyer" means a person entity who holds a verified buyer account on Aucto, and is approved to buy on the Marketplace by Aucto.
  • 5. "Buyer Premium" means a fee charged by Aucto to each Buyer, including, but not limited to, fees calculated based on a percentage of the sale price of each Listing plus or minus any adjustments, including removal, loading and shipping fees.
  • 6. "Bid Deposit" means an amount charged by Aucto to the Winning Bidder’s credit card automatically at the time of purchase, which shall be applied to the balance of the Order.
  • 7. "Order Deposit" means an amount charged by Aucto to the Winning Bidder’s credit card automatically at the time of purchase, which shall be applied to the balance of the Order.
  • 8. "Listing" means an item, (i.e. equipment, machinery, and/or other items) whether individually or grouped and offered for sale on the Aucto Marketplace.
  • 9. "Marketplace" means the website www.aucto.com and any associated web pages operated by Aucto where items are listed for sale.
  • 10. "Offer" means submitting an offer on a Listing in Buy Now format.
  • 11. "Order" means a digital or print document issued by Aucto on behalf of a Seller to a Winning Bidder, detailing the financial aspects of a transaction. It includes, but is not limited to, a list of items that the Winning Bidder successfully purchased, the sale amount, any release cost, removal or loading cost, and any other adjustments. The Order also outlines the Buyer Premium, applicable Sales Tax and provides an itemized breakdown of all charges involved in the transaction. It serves as a formal request for payment from the Winning Bidder for the Sold Goods.
  • 12. "Sale" means a pending or consummated transaction between the Seller and a Winning Bidder
  • 13. "Sold Goods" means the collective items included in the Listings, in entirety, purchased and paid for in full by a Winning Bidder.
  • 14. "Seller" means a person or entity approved to sell on the Marketplace by Aucto.
  • 15. "Winning Bidder" means a Buyer who has placed the highest Bid in an Auction; or has submitted an Offer which has been accepted by the Seller; or has committed to purchase a Buy Now Listing; and is approved by the Seller to do so.
Additional Terms
  • Your use of our Services may also be subject to additional terms and policies. If you are placing a Bid or an Offer on a Listing, you will be required to agree to additional terms and conditions, posted by the Seller ("Terms of Sale"). If you are the successful buyer of an item, the agreement of purchase and sale will be between you and the seller, and will be governed by the Terms of Sale. Aucto is not a party to any purchase and sale agreement for any items sold on our platform.
About Aucto
  • Aucto is an online marketplace and software platform that allows users to offer, sell or buy industrial and commercial items. Aucto is not an auctioneer or auction house. Aucto does not purchase or sell items and does not assume any risks of ownership, including any damage or loss to the items being sold and disclaims all liability with respect to items sold.
  • You can contact us via the contact information on our website.
  • Our address is 1700 Montgomery Street, Suite 108, San Francisco, California, 94111, USA.
Aucto's Services
  • Aucto provides Services to you via the Marketplace, where you can view, place Bids, place Offers and purchase Listings made available for sale by Sellers.
  • Aucto will use commercially reasonable efforts to make the Marketplace and technical support available from 9:00 AM to 6:00 PM Eastern Standard Time, from Monday to Friday, except during (i) Planned Downtime (of which Aucto will give advance notice via our website or to the account owner); and (ii) Force Majeure Events.
Accessing the Services
  • By using or accessing our website(s) or our Services, you agree to comply with this Agreement, all Aucto policies, and applicable laws, regulations, and governmental orders and that you:
  • 1. have the right, authority, and capacity to enter into this Agreement and will abide by all of the terms set forth herein (and if you are accepting this Agreement on behalf of any entity, you represent and warrant that such entity will be responsible for your violation of this Agreement);
  • 2. will not transfer your account to another person or entity;
  • 3. will not provide false or misleading information when using the Services, providing account information, or in communication with Aucto or sellers;
  • 4. will maintain the security of your password and accept all risks of authorized and unauthorized access to your account and the information you provide to us;
  • 5. will not manipulate data to deceive Aucto or alter Aucto Services;
  • 6. will not violate the intellectual property or privacy rights of Aucto or any third party;
  • 7. will not redistribute, remarket or sell any of the Services to a third party;
  • 8. acknowledge and agree that Aucto may monitor your bidding history, login history, IP address and other browsing history which it may make available to a Seller upon request, for the purposes of completing a transaction.
  • 9. acknowledge and agree that Aucto may send you communication via email or SMS for informational and promotional purposes, including but not limited to updates about your account, products, and marketing messages. Consent to receive promotional communication is not a condition of any purchase. You can opt out of promotional communications at any time by replying "STOP" to any SMS message you receive from us, or clicking on the "unsubscribe" link in an email.
Buyer Accounts
  • In order to place a Bid, make an Offer or purchase a Listing on Aucto, you will be required to create a user account on the Marketplace ("Buyer Account") and verify your identity. As part of the verification process, you will be required to provide us with your name, contact, and shipping information, a valid credit card and any other information as determined by Aucto at its sole discretion. You agree to provide us with accurate and complete information. You agree not to share your Buyer Account login credentials with anyone, and agree to use your Bidder Account in compliance with all applicable laws and regulations that apply to you.
  • Aucto reserves the right to terminate, deactivate, restrict, or suspend your Buyer Account and access to the Services at any time and in its sole discretion for any actual or suspected breach of this Agreement or Aucto’s policies, including but not limited to non-payment and Aucto expressly reserves the right to exercise all rights, and pursue any and all legal remedies, that it may have, in law or equity.
Listings on Aucto
  • Aucto has no control over items sold on the Site and Aucto does not review or evaluate the condition, quality or origins of the Listings and items available for sale on the Marketplace. Aucto does not make any representations or warranties about a particular Seller or Listing, or verify the claims made by each Seller regarding Listings for sale on the Site.
  • You are encouraged to complete any due diligence needed to validate the completeness, condition and accuracy of Listings on Aucto. You may request to perform a physical inspection of any Listing by messaging the Seller through the Messaging Center, and in accordance with this Agreement.
  • AUCTO EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, ON ANY LISTINGS ON THE MARKETPLACE. ALL LISTINGS SHOULD BE CONSIDERED IN "AS-IS, WHERE-IS" CONDITION UNLESS STATED OTHERWISE BY THE SELLER. Aucto shall not be held liable for any act or omission of any Seller on the Marketplace.
  • You acknowledge that any Listing may be removed from the Marketplace at the Seller's sole discretion, at any time.
Communicating with Seller(s)
  • Aucto provides a communication portal in the Marketplace for Buyers and Sellers to communicate ("Messaging Center"). You agree to communicate with Sellers exclusively through the Messaging Center and not to use any other channel of communication relating directly or indirectly to a Listing, Bid(s), Offer(s), or transactions for similar items available for sale.
  • You agree to not share your contact information, including email address and telephone number, and further shall not engage in any other means of direct communication with any Seller who expresses an interest in selling an item outside the Marketplace or otherwise circumvent Aucto’s Marketplace by completing a transaction outside the Marketplace. Neither you nor your agents shall solicit any Seller to engage in a private transaction outside the Marketplace for any item that is included in any Listing. If the Buyer violates the foregoing, Aucto reserves the right to suspend or terminate the Buyer’s account and to recover from the Buyer any Fees that would otherwise have been payable to Aucto had the item been sold through the Marketplace.
  • Notwithstanding anything to the contrary, Aucto shall have the right collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Buyer data and data derived therefrom), and Aucto will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Aucto offerings, (ii) to offer new and existing Services to the Buyer; and (iii) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein.
  • Aucto will retain historical data (e.g., Listing history, Buyer history, Order history, and payment history) relating to a Listing for a period of up to 7 years from the date of such Listing or such period as required by Applicable Laws, and always in accordance with Aucto’s Privacy Policy.
Seller Approval
  • Bidders must be approved by each Seller prior to completing a transaction on Aucto. Each Seller reserves the right to review your Bidder profiles and accept or reject your request to place Bids, Offers or purchase their Listings at Seller’s sole discretion. Each Seller reserves the right to request additional information as a condition to approve a Bidder even if they are declared the Winning Bidder. The Bidder at their sole discretion may choose to provide any additional information requested by the Seller. The Seller, at its sole discretion, may cancel a Sale up until the Sold Goods have been released to the Winning Bidder. If a Sale is cancelled by the Seller, the Buyer will receive a full refund of any amounts paid.
Terms of Sale
  • Prior to placing a Bid or an Offer on a Listing, you must agree to review all posted information on the Listing, including any special terms governing availability, inspections, rigging, removal,warranties, and Bid Deposits and Payment Authorizations on each Listing. You must also agree in entirety to this Agreement and the Seller’s Terms of Sale posted by the Seller.
  • The Terms of Sale include terms and conditions which will govern the purchase and sale agreement between you and the Seller. If you are declared the winning Bidder, if your Offer is accepted by the Seller or if you purchase a Listing, you will be automatically entered into a binding purchase and sale agreement, governed by the Terms of Sale.
  • You assume all risk and liability associated with any agreement entered into with a Seller on the Marketplace. We have no control over the Terms of Sale set out by Sellers on the Marketplace. WE ARE NOT A SELLER ON THE MARKETPLACE AND WE ARE NOT A PARTY TO ANY PURCHASE AND SALE CONTRACT ENTERED INTO WITH ANY SELLER ON THE MARKETPLACE.
Bid and Order Deposits
  • Aucto may, at its sole discretion, require Users to provide a refundable Bid Deposit in the form of an authorized credit card hold at the time of making an Offers or Bids on the Marketplace. The amount of the Bid Deposit will be disclosed prior to placing an Offer or Bid.
  • Authorization to Charge or Hold Functions
  • By placing an Offer or Bid on such Listings, Users expressly authorize Aucto and its third-party payment processors to:
  • place a hold on the User's credit card or payment method in the specified amount; or charge a refundable Bid Deposit to the User's payment method.
  • Such holds or charges do not guarantee acceptance of any Bid or Offer and are not a substitute for full payment upon a successful Sale.
  • Release and Refund of Funds
  • If you are not declared the Winning Bidder, the hold will be released or the Bid Deposit refunded in accordance with standard processing times and the policies of the User's payment provider. If you are declared the Winning Bidder, the Bid Deposit may be applied toward the final purchase amount or held until the transaction is completed.
  • Order Deposits
  • Aucto reserves the right to convert your Bid Deposit into a non-refundable Order Deposit,which shall be applied towards your purchase when you are declared the Winning Bidder.. Aucto may also, at its sole discretion, charge the lower of $5,000 USD or the total value of your Order as an Order Deposit. If your order exceeds $5,000 USD, the Order Deposit will be applied towards the total amount of your Order once you complete the transaction. If you fail to complete the transaction due to non-payment, any deposit amount will be retained by Aucto and will not be refunded.
  • Failure to Complete Transaction
  • If you fail to complete the transaction in accordance with this Agreement and the Terms of Sale, Aucto may, in our sole discretion, temporarily or permanently terminate your Buyer Account and/or deny you access to the Services, and Aucto expressly reserves any and all right to exercise any and all rights, and pursue any and all legal remedies, that it may have, in law or equity.
  • Modification of Deposit Requirements
  • Aucto reserves the right to modify deposit or hold requirements for individual Users at its sole discretion, including but not limited to increasing, decreasing, waiving, or imposing such requirements based on the User's activity, history, or other relevant factors.
Placing Bids on Auction Listings
  • If bidding in an Auction, you may place a bid at the current asking price. You may also choose to place a bid higher than the asking price and Aucto's bidding technology will automatically place Bids on your behalf on that Listing up to your maximum Bid amount.
  • Auctions on the Marketplace may have a time extension. If a Bid is placed on a Listing in the last minute prior to the time expiring on that Listing, the bidding time on that Listing will be extended for a predetermined period, giving other Bidders the opportunity to continue placing Bids. If no additional bids are placed in the last minute of an Auction Listing expiring, the approved high Bidder on the Auction Listing, where the reserve is me will be declared the Winning Bidder.
  • Once a Bid is placed, it is considered final and binding. You will not be permitted to withdraw a placed Bid without express permission from Aucto and the Seller.
Making Offers on Buy Now Listings
  • You may choose to make an Offer on a Buy Now Listing available on the Marketplace. The Seller may choose to accept, reject or counter your offer with a different amount. You may also choose to purchase the Listing outright by offering the asking price on the Listing.
  • Once an Offer is placed, it is considered final and binding. You may not cancel or withdraw a placed Offer without express permission from Aucto and the Seller.
Payment
  • If you are declared the Winning Bidder, you are legally obligated to complete the transaction in accordance with this Agreement and the Terms of Sale. Upon being declared the Winning Bidder, you will receive an Order from Aucto which will list the Sold Goods, your Bid or Offer amount, plus all applicable taxes, removal and shipping charges and the Aucto Buyer's Premium. You should review the contents of the Order for accuracy and alert Aucto of any discrepancies or errors immediately.
  • All payments for your Order(s) must exclusively be made to Aucto, in accordance with Aucto's policies, this Agreement and the Terms of Sale. You may not pay the Seller directly for the Listing.
  • Payment must be made in the currency listed on the Listing. Aucto is not responsible for any foreign exchange costs incurred by you.
  • Aucto accepts credit cards and electronic funds transfers as acceptable payment methods. You can access your Order and payment instructions via your Buyer Account on the Marketplace. There may be limitations to the amount you may pay through a credit card. All payment limitations will be communicated to you on the payment instructions.
  • Payment is due in full upon receipt of Order. Failure to pay the Order amount in full in a timely manner may result in the loss of your deposit, cancellation of the Order and referral to third party collections services. Further, the Seller may pursue legal action against you to recover any losses incurred as a result of your failure to complete the transaction.
  • You shall be solely responsible for and shall pay when due any Sales Tax, other federal, state, local or foreign taxes, duties, tariffs, fees or other assessments (and related interest and penalties) (collectively, "Taxes") applicable to the Sold Good and/or your acts or omissions related to your use of the Services. You hereby agree to indemnify, defend and hold Aucto harmless against any and all obligations or liability to pay such Taxes.
  • You acknowledge and agree that use of our Services involves Aucto, its payment processing service providers, or their respective affiliates processing and storing your credit or debit card information and payment details. This includes your credit or debit card numbers and expiration dates. The stored payment information will automatically be set as your default payment method for future transactions for our Services. You can update or change your card details at any time, and any new details you provided will become the default payment method. You can change, cancel or modify your payment preferences in your Buyer Account settings. It is your responsibility to ensure the accuracy of the payment information we have on file. You agree to Aucto updating your stored information periodically based on new information provided by you, your banks, or our payment processing service providers. You must only use authorized payment methods that you are authorized to use. By saving a payment method on our Services, you authorize us to charge your payment method for up to the amount related to your use of the Services, including in relation to fraud or to recover other amounts owed by you to Aucto. Retention of your credit cards and other financial data will be maintained in accordance with Aucto’s Privacy Policy and applicable laws, regulations and internal security policies.
  • You agree to comply with, and not cause Aucto or any third party to violate, all applicable laws, regulations, rules and terms and conditions in connection with the use of the Marketplace and Services. You understand that some third parties, such as credit and debit card issuers, credit and debit card networks and payment processing service providers, may have their own terms and conditions for the payment or settlement methods they choose to use in connection with managed payments transactions. Failure to abide by third-party terms and conditions may result in fees assessed to you (for example, currency conversion fees from the credit card issuer if the transaction currency is different from a credit card currency) or other actions taken by such third parties, and you agree that Aucto takes no responsibility for and has no control over, or liability for, the fees or actions of payment processing service providers, credit card issuers, debit card networks and your own banking arrangements.
  • If you believe that Aucto has billed you incorrectly, you must contact Aucto no later than sixty (60) days after the closing date on the first invoice in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Aucto’s support department. If you fail to dispute an Order or Fees within sixty (60) days of receipt of an Order, you are deemed to have accepted the Order.
Removal of Sold Goods
  • Once we have confirmed receipt of good funds in the full amount of the Order, we will notify the Seller to prepare to release the sold goods to you.
  • Risk and title to the sold goods shall transfer from the Seller to the Buyer at the time the sold goods are released to the Buyer.
  • Each Listing will list whether rigging, loading and shipping of sold goods is the responsibility of the Seller or the Buyer; along with the associated costs (if applicable). If removal, loading and shipping is listed as the Buyer's responsibility, the buyer is obligated to:
  • 1. retrieve the Sold Goods in a compliance with the Seller’s Terms of Sale;
  • 2. retrieve the Sold Goods in strict compliance with Seller's policies and in accordance with the Terms of Sale;
  • 3. complete any physical work in accordance with the local laws and regulations, the Seller's policies and in a safe and professional manner;
  • 4. secure appropriate transport means to ship the Sold Goods from the Seller's location;
  • 5. make commercially reasonable efforts to communicate with Aucto and the Seller on the timing and completion of any physical work
  • If you fail to retrieve the Sold Goods within the time allocated in the Listing, the Terms of Sale or in a commercially reasonable time as determined solely by Aucto; you will abandon and forfeit all rights to the Sold Goods ("Abandoned Goods"). You will not be entitled to any refund or compensation for Abandoned Goods. The Seller may, at the Seller's sole discretion, scrap, dispose or resell the Abandoned Goods. Further, the Seller may pursue further legal action to recover any losses incurred as a result of you failing to retrieve the Sold Goods.
Third-Party Delivery Services
  • Aucto may assist Buyers by providing quotes from third-party delivery or logistics providers (“Delivery Providers”) for the transportation of purchased items, including but not limited to freight carriers, common carriers (e.g., UPS, FedEx), and independent transport companies. All such delivery services are provided by independent third parties, and Aucto does not control, manage, or supervise the Delivery Providers.
  • No Liability for Delivery Issues
  • Buyers acknowledge and agree that Aucto is not a party to any delivery or transportation agreement between a Buyer and any Delivery Provider. Aucto makes no representations or warranties regarding the performance, timeliness, condition, or reliability of any Delivery Provider. Buyers agree to hold Aucto, its affiliates, officers, directors, and employees harmless from any claims, damages, losses, or liabilities arising out of or related to delivery services, including but not limited to: delays in delivery or pickup; damage to goods in transit; loss or theft during transportation or at delivery, delivery refusal or scheduling conflicts.
  • Buyers are responsible for determining and requesting the appropriate insurance and liability coverage for the delivery during the quoting process. Any claims should be filed directly with the Delivery Provider.
  • Buyer Delivery Obligations
  • Buyers are solely responsible for ensuring that the delivery location is prepared and accessible at the time of scheduled pickup or delivery. This includes, but is not limited to:
  • 1. Having a qualified representative on-site to receive items;
  • 2. Ensuring the delivery location is safe, suitable, and accessible for the type of delivery vehicle required;
  • 3. Providing accurate contact and access information;
  • 4. Complying with any local or site-specific rules or restrictions.
  • Additional Fees and Charges
  • Aucto reserves the right to charge the Buyer for additional costs incurred due to delivery complications caused by the Buyer, including but not limited to:
  • 1. Failed delivery or pickup attempts;
  • 2. Inaccessible or unsafe delivery locations;
  • 3. Refusal to accept delivery;
  • 4. Delays caused by incorrect or incomplete shipping information;
  • 5. Storage or redelivery fees incurred as a result of Buyer error.
  • Deposit
  • Aucto may require Buyers to provide a delivery deposit prior to the arrangement of shipping or logistics services. This deposit may be used to cover any Additional Fees and Charges incurred due to delivery complications caused by the Buyer. Any unused portion of the deposit will be refunded in accordance with Aucto’s standard refund timelines. Buyers will remain responsible for any excess delivery fees not covered by the deposit.
  • Indemnification
  • The Buyer agrees to indemnify and hold harmless Aucto from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising from or related to the Buyer’s failure to comply with this Section, including but not limited to delivery delays, access issues, or miscommunications with Delivery Providers.
Additional Buyer Obligations
  • You will not remove or export or re-export from the United States or allow the export or re-export of the Services, software, Products or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Products Control, or any other United States or foreign agency or authority.
  • You agree to fully comply with all applicable U.S. anti-terrorism financing laws, including but not limited to the USA PATRIOT Act and the Bank Secrecy Act, as well as with all relevant foreign anti-terrorism financing laws and regulations. You shall not engage, directly or indirectly, in any transaction or provide any funds that could be construed as supporting or financing terrorist activities, as defined by U.S. law and any applicable foreign legal standards. You further commit to conducting thorough due diligence on all transactions and business relationships to prevent any inadvertent violations of anti-terrorism financing laws. Any breach of this clause will result in immediate termination of this Agreement and may lead to legal action under applicable laws.
  • You will comply with all applicable Anti-money laundering rules, regulations, laws and governmental orders and directives. You acknowledge that a transaction may be refused, delayed or otherwise returned for suspected fraud, anti-money laundering compliance, sanctions compliance, and for internal risk reduction or at the request of a Payment Processing Service.
Fees
  • Aucto does not charge Buyers for registering a Buyer Account on the Marketplace. Aucto’s Marketplace works on a buyer-funded model, and as such, Listings on the Marketplace are subject to a Buyer Premium. The amount of the Buyer Premium is listed and included on the Order. If Taxes apply to the Buyer Premium, they will be added to the Order.
Legal Considerations
  • Any dispute, controversy, or claim arising out of or relating to this Agreement, including its breach, termination, enforcement, interpretation, or validity, shall first be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Delaware, and the decision rendered by the arbitrator shall be final and binding on all parties. Each party shall bear its own costs, except as otherwise provided by the arbitrator's decision or applicable law.
  • If arbitration is not successful in resolving the dispute, either party may seek recourse in the state courts of Delaware. You waive your right to a jury trial in any dispute.
  • This Agreement shall be governed by and construed under the laws of the State of Delaware without regard to any conflicts of laws principles. Any claims or disputes regarding this Agreement, your use of the Services, or interaction in any way, directly or indirectly, with the Site shall be exclusively heard in the state courts of the state of Delaware and the parties hereto consent to the exclusive personal jurisdiction of venue in such court. YOU HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, CLAIM, OR COUNTERCLAIM, WHETHER IN CONTRACT OR IN TORT, AT LAW OR IN EQUITY, ARISING OUT OF OR IN ANY WAY RELATED TO BUYER’S USE OF THE SITE, SERVICES, OR THESE TERMS AND CONDITIONS
  • You shall not assign any of your rights or delegate any of your duties or obligations under these Terms and Conditions, whether by operation of law or otherwise, without the prior written consent of Aucto.
  • The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement. No agency, partnership, joint venture, or employment relationship is intended or created by this Agreement. If any provision of this Agreement are held invalid or unenforceable in any respect, the parties agree that such term or provision will be deemed to be modified to the extent necessary to permit its enforcement to the maximum extent permitted by applicable law, and the remainder of this Agreement and all other provisions hereof will not be affected thereby. No failure or delay in exercising any right under this Agreement shall operate as a waiver of such right, and no single or partial exercise of any such right shall preclude any other or further exercise of such right or any other right. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, successors, and permitted assigns.
  • You will not use Aucto's name, trademarks, or service marks, whether or not registered, without the express written consent of Aucto. We are the sole owner of all intellectual property relating to the Marketplace and the Services, and you are strictly prohibited from copying, downloading, transferring, mimicking, or duplicating in any form, the information, ideas, images, designs, graphics, concepts, or code displayed or utilized on the Marketplace or Services. All data entered into, and generated by, the Marketplace or Services will remain the sole property of the authorized user, however, we have the right to use all data entered into the Marketplace Services at our sole discretion. No ownership rights or any other rights are transferred by this Agreement, other than the right to use the Site and Services as provided herein.
  • Violations to Aucto's system or network security are prohibited and can result in criminal and civil liability. Continuous attempts to infiltrate or damage Aucto's network security and/or systems may be treated as violations. Aucto will investigate incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.
  • Aucto does not provide dispute resolution; any dispute arising between a Buyer and Seller is solely between such Buyer and Seller. Aucto does not guarantee results for Sellers or Buyers and Aucto is not responsible for any real or perceived loss in revenue or profits.
  • YOUR USE OF AUCTO IS AT YOUR SOLE RISK. THE WEBSITE AND ALL STATEMENTS CONTAINED IN IT ARE PRESENTED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT. CERTAIN STATE AND PROVINCIAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Release, Indemnification, and Limitation of Liability
  • You hereby release Aucto, and its and directors, officers, employees, and agents, from any liability, including negligence, in connection with the Site and any related services, and from any loss or expense suffered by you resulting directly or indirectly therefrom including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold us responsible, for any damages or losses of any kind whatsoever resulting directly or indirectly from:
  • 1. the content you provide (directly or indirectly) using the Site;
  • 2. your use of or your inability to use our Site;
  • 3. delays or disruptions in our Services;
  • 4. viruses or other malicious software obtained by accessing or linking to our Site;
  • 5. glitches, bugs, errors, or inaccuracies of any kind in our services; or
  • 6. the content, actions, or inactions of third parties, including items listed using our Site
  • You agree to defend, indemnify and hold Aucto and its affiliates, and each of their respective directors, officers, employees, and agents, harmless from and against all third-party claims, losses, liabilities, costs, expenses, demands, fines, and penalties (including without limitation reasonable legal fees and costs) arising from or relating to: (i) your access to or use of the Services; (ii) your negligence or misconduct or that of your employees, agents, or independent contractors; (iii) the breach of any of your obligations hereunder; and (iv) any and all claims of ownership or right to possession of any of the Products listed for sale on the Site, or the sale proceeds thereof.
  • NEITHER AUCTO, NOR ITS AFFILIATES, LICENSORS, AND THEIR RESPECTIVE INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, CONSULTANTS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL BE LIABLE TO YOU OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY BUYER AGENTS OR REPRESENTATIVES, FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICES), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF SUCH PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE ABOVE PARAGRAPH. SOME STATES AND PROVINCES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN FULL.
  • YOU AGREE THAT THE CUMULATIVE LIABILITY OF AUCTO, ITS AFFILIATES, LICENSORS, AND THEIR RESPECTIVE INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, CONSULTANTS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS TO YOU OR ANY OTHER PARTY, INCLUDING, WITHOUT LIMITATION, ANY BUYER AGENTS OR REPRESENTATIVES, FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE SITE, OR ANY OTHER EVENT ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SITE AND DEALINGS WITH AUCTO SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500) OR THE AGGREGATE AMOUNT OF FEES PAID BY BUYER TO AUCTO, IF ANY, FOR USE OF THE SERVICES DURING THE MONTH PRECEDING THE MOST RECENT EVENT GIVING RISE TO SUCH LIABILITY, WHICHEVER IS LESS.
Provision of Information to Governmental Authorities
  • Aucto shall comply with lawful requests for information from governmental authorities, including tax and law enforcement agencies. Such compliance may include the disclosure of Buyer information, user data, transaction history, and other pertinent data collected by Aucto.
  • Aucto will disclose information under this provision only to the extent required by law. All requests for information received from governmental authorities will be carefully verified for authenticity and compliance with applicable laws.
Final Provisions
  • This Agreement does not create an agency, partnership, or employment relationship. If any term is deemed invalid, the remainder of the Agreement remains enforceable. Aucto retains all intellectual property rights associated with its Marketplace and Services. Users may not use Aucto's name, trademarks, or proprietary content without written permission.
  • By using Aucto, you acknowledge and agree to these Terms of Use.