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 — A bid is submitted for the seller's consideration under the terms shown before you confirm it. You cannot withdraw a recorded bid yourself. An exception may be made where required by law or allowed through a process SELLNIK makes available.
• Reserve prices — MVP bid events do not use a reserve price. If SELLNIK offers an event with a confidential reserve in the future, the high bid must meet it before SELLNIK sends a purchase offer for seller review. A reserve amount is not shown to the public.
• Bid event results — When the bid window closes, the seller has 24 hours to accept or decline the high bid. A closed bid window alone does not complete a purchase agreement. If the seller accepts, SELLNIK starts collection of the recorded buyer platform fee. The buyer may review the purchase agreement and can sign it after that fee is confirmed paid. Any seller countersignature is a separate step.
• 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

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The $299 platform fee is charged to the person booking a bid event when payment is confirmed, unless SELLNIK expressly waives it. This fee pays for putting the property into a bid event. It does not depend on attendance, the number or amount of bids, a reserve amount, or a sale. It is non-refundable if no one bids, the reserve amount is not met, the seller accepts or declines a bid, or the event is canceled, except where required by law.

The winning buyer's separate platform fee is charged only after the seller accepts the high bid. Its amount and card authorization are disclosed before a bid is placed. SELLNIK does not collect the property purchase price or earnest money through these platform fees.

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 at info@sellnik.com.