Terms of Use

A. Eligibility

You must be at least 18 years of age and legally capable of entering into binding contracts to use the Services. By using the Services, you represent and warrant that you meet these requirements.

B. Your Account

To access certain features of the Services, you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account.

C. Bid Events and Bidding

The Services allow users to list properties for bid events and place bids on listed properties. The following rules apply:

• Listings — Sellers are responsible for the accuracy of their property listings, including descriptions, photos, and legal title.
• Bids — Bids are binding offers to purchase. Once placed, a bid cannot be retracted except where permitted by law or these Terms.
• Reserve prices — Sellers may set a reserve price. If the highest bid does not meet the reserve, the seller is not obligated to sell.
• Bid event results — The highest bidder at the close of a bid event, provided the reserve is met, enters into a binding agreement with the seller to purchase the property.
• Prohibited conduct — Shill bidding, bid manipulation, and any form of fraudulent activity are strictly prohibited and may result in account termination.

D. Fees and Payments

SELLNIK may charge fees for certain features, such as listing a property or a buyer’s premium on completed transactions. You agree to pay all applicable fees and authorize us to charge your payment method for such fees. Fees are non-refundable except as required by law or stated otherwise in these Terms.

E. User Conduct

You agree not to:

• Use the Services for any unlawful purpose;
• Infringe the intellectual property or other rights of any person;
• Submit false, misleading, or fraudulent property listings or bids;
• Interfere with or disrupt the Services, including servers or networks connected to the Services;
• Attempt to gain unauthorized access to any portion of the Services.

F. Disclaimers

The Services are provided on an “as is” and “as available” basis. We do not warrant that the Services will be uninterrupted, error-free, or secure. We disclaim all warranties, express or implied, to the fullest extent permitted by law.

G. Limitation of Liability

To the fullest extent permitted by law, SELLNIK shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Services. Our total liability for any claim shall not exceed the amount you have paid us in the preceding twelve (12) months.

H. Indemnification

You agree to indemnify and hold harmless SELLNIK and its affiliates from any claims, damages, or expenses arising from your use of the Services or your violation of these Terms.

I. Dispute Resolution

Any dispute arising from or relating to these Terms or the Services shall first be attempted to be resolved through good faith negotiation. If unresolved, the dispute shall be submitted to binding arbitration in the State of Delaware, under the rules of the American Arbitration Association (AAA).

J. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles.

K. Changes to These Terms

We may update these Terms from time to time. We will post the updated version on the Services and update the “Last Updated” date at the top of this page. Your continued use of the Services after changes are posted constitutes acceptance of the revised Terms.

L. Contact Us

If you have questions about these Terms, please contact us atlegal@sellnik.com.