Terms Of Use
Your use of the Auctionlynk.com (“Auctionlynk”) web site at www.Auctionlynk.com (the “Site”) shall be your consent to abide by the terms and conditions set forth in this User Agreement and related agreements incorporated herein by reference (the “Agreement” or “User Agreement”). If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access our services.
 

Amendments

Auctionlynk reserves the right to update or revise this Agreement at its discretion and without notice. You are responsible for checking the Agreement periodically for changes. You may review the most current version of the Agreement at any time at www.Auctionlynk.com. If you continue to use Auctionlynk’s services following the posting of any changes to the Agreement, you agree to be bound by those changes.
 

Membership

We may not, and do not, transact business with minors (persons under 18 years of age) or the mentally incompetent. Our services are offered and available only to individuals legally capable of entering into binding contracts under applicable law. If a parent or trustee (the “Trustee”) wishes to transact business with Auctionlynk as part of a trust transaction for a minor or mentally incompetent person, all account and transactional documents must be completed and personally submitted by the Trustee, and Trustee status must be declared on all documents.
 
We do not offer our services or transact business with users whose accounts have been temporarily or indefinitely suspended.
 
If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
 
Any transactions attempted by persons who fail to meet these eligibility requirements shall be nullified.
 
Your account (and all account-related information) and user ID/password may not be transferred or sold to another party.
 

Auctionlynk.com is an Online Venue

Auctionlynk is not an auctioneer. We are an online venue that allows bids to be placed on currently running automobile auctions, regardless of geographic area. Unlike traditional auction houses, we are not involved in the actual transaction between buyers and seller. Because of our status as a venue, we have no control over the quality, condition, safety, or legality of the items advertised on this Site, the truth or accuracy of the listings, the ability of sellers to sell items, or the ability of buyers to pay for items. We cannot guarantee a buyer or seller will, in fact, complete a transaction. All services are provided “as-is” and “where-is”, and Auctionlynk makes no warranties, either express or implied, of any kind as to the condition, timeliness or non-delivery of automobile(s) and/or any related services. Additionally, we have no control of information provided by third parties that is made available via our Site. As such, third party representations concerning documentation such as Department of Motor Automobile titles, registration, VIN numbers, or dealer “certifications” or “warranties”, are not guaranteed by Auctionlynk. 
 

Placing Bids and Buying

Placing a Bid
By placing a bid on an item, you agree to be bound by the conditions of sale included in the item’s description. At the time of placing your bid, you must tender a security deposit equal to ten percent (10%) of the estimated total sales price of the vehicle with Auctionlynk. Failure to submit a security deposit will render your bid null and void.
 
Bids are final and not retractable, except under exceptional circumstances, such as a seller materially changing an item description after your bid is placed. Should you retract a bid for any of the aforementioned reasons, your security deposit shall be refunded within five (5) business days, less any applicable bank fees (on funds returned via ACH transfer), as well as an administrative fee of fifty dollars ($50).
 
Obligations
In the event yours is the winning bid at auction, you, as buyer, are obligated to complete all transactions with all sellers. Should you fail to submit the balance due on the transaction (less the security deposit), Auctionlynk has the exclusive right to cancel your bid and retain your security deposit as liquidated damages, as well as charge a processing fee. Additionally, Auctionlynk shall have the right to charge any legal costs and fees associated with the collection as a result of the defaulted bid, and further pursue any and all legal remedies available.
 

Fees and Refund Policy

Fee Changes
Auctionlynk may occasionally modify or change our fees. Changes to our fees and/or refund policy are effective thirty (30) days after notice of the changes have been posted on the Site. We may choose to temporarily change the fees for our services for promotional events. Such changes are effective immediately when posted on the Site. 
 
Payment Upon Winning Auction
Should yours be the winning bid, the balance of your payment obligations must be transferred into your Auctionlynk account within forty-eight (48) hours of close of auction. 
 

Late or Non-Payment Fees/Penalties

A late fee of $100 per day shall be applied to your account should payment on the vehicle not be made in full within forty-eight (48) hours of close of auction. If your account remains in default more than five (5) business days, forfeiture of the vehicle will occur, your account will be closed, all balances in your account will be applied to your obligations, and the vehicle will be re-listed for sale. In such event, you will be charged a re-list fee equal to your required deposits, and you will remain liable for all other fees and costs incurred by your default.
 
Storage Fee
The vehicle will be stored up to four (4) calendar days at no charge, beginning from the day the vehicle was purchased. A fee of twenty-five dollars ($25) per calendar day will apply for each additional day the vehicle remains on the site. Failure to pick up the vehicle within two (2) weeks from the purchase date may result in the vehicle being considered abandoned, allowing the vehicle to be resold without further reimbursement to the customer.
 
Refunds
Should yours not be the winning bid at auction, your security deposit shall be refunded in full, less any applicable bank fees, within five (5) business days of close of auction. Alternatively, you may elect to leave the security deposit in your Auctionlynk account for use toward a future bid.
 
Forms of Payment
Auctionlynk accepts the following forms of payment: bank wire (ACH) transfers and PayPal.
 

Your Information and License

Your Information is any and all information you provide to us or other users throughout any use of the Site, such as registration, bidding, public message area, or via electronic mail (e-mail). You are solely responsible for Your Information, and Auctionlynk is merely a passive conduit for the online distribution and publication of Your Information.
 
Your Information and your activities on this Site shall not:
 
  • Be false, inaccurate or misleading;
  • Be fraudulent or involve the sale of counterfeit or stolen items;
  • Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • Violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • Be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
  • Be obscene;
  • Contain any viruses, spyware, Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or
  • Create liability for Auctionlynk or cause it to lose (in whole or in part) the services of its ISPs or other suppliers.
By using this Site, you agree to allow Auctionlynk to use the information you provide and, in using said information, we are not violating any rights you may have in that information. Additionally, you agree to grant Auctionlynk a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicense-able (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Auctionlynk will only use Your Information in accordance with its Privacy Policy.
 
No Warranty and Indemnification
Your use of this Site is at your own risk. This Site may include inaccuracies or errors that may affect the quality of the materials/services on the Site. The products have not been independently verified or authenticated, in whole or in part, by Auctionlynk.
 
THIS SITE IS PROVIDED TO YOU ON AN “AS-IS” AND “WHERE-IS” BASIS, WITHOUT ANY WARRANTY. AUCTIONLYNK, ITS AFFILIATES, OFFICERS, AGENTS, DIRECTORS, EMPLOYEES, AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE SITE INCLUDING, BUT NOT LIMITED TO, THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE SITE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. AUCTIONLYNK, ITS AFFILIATES, OFFICERS, AGENTS, DIRECTORS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF AUCTIONLYNK AND ITS AFFILIATES HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 
AUCTIONLYNK, ITS AFFILIATES, OFFICERS, AGENTS, DIRECTORS, EMPLOYEES, AND SUPPLIERS SHALL NOT BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UN-AUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE AUCTIONLYNK SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.
 
IN NO EVENT SHALL AUCTIONLYNK, ITS AFFILIATES, OFFICERS, AGENTS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, AGENTS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES, IN ANY CIRCUMSTANCE, IS LIMITED TO THE GREATER OF (1) THE AMOUNT OF FEES YOU PAID TO US IN THE SIX (6) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (2) FIVE HUNDRED DOLLARS ($500.00).
 
You further agree to hold Auctionlynk and, as applicable, its subsidiaries, affiliates, officers, agents, directors, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of, your breach of this Agreement or the documents incorporated herein by reference, or your violation of any law or the rights of a third party.
 

Dispute Resolution

Any dispute, controversy or claim arising out of or in connection with this Agreement, or any breach or alleged breach hereof shall be submitted to, and settled by, arbitration in the Sate of New York, pursuant to the commercial arbitration rules then in effect of the American Arbitration Association. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in a court of competent jurisdiction. The expenses of the arbitration shall be borne equally by the parties to the arbitrator, provided that each party shall pay for and bear the cost of its own experts, evidence and attorneys’ fees.
 

Notice

Except as specifically stated otherwise, any notices to Auctionlynk shall be given by electronic mail (e-mail) to Auctionlynk@gmail.com. Notice to you shall be given to the e-mail address provided by you during the registration process. Notice via e-mail shall be deemed given twenty-four (24) hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may provide you notice via certified mail, postage prepaid, return receipt requested, to the address provided by you during the registration process. Notice via postal mail shall be deemed given three (3) days after date of mailing.
 

Additional Terms

  • This Agreement shall be governed by the laws of the State of New York.
  • Without limiting any other remedies, Auctionlynk reserves the right to suspend or terminate your account, without notice to you, for any or no reason. 
  • If we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site, we reserve the right to report all online fraud to local authorities for prosecution and shall be permitted to cooperate with the authorities without any liability to you.
  • You shall not do anything, directly or indirectly, to manipulate the price of any item, nor may you interfere with other user’s listings or transactions.
  • We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside our control.
  • If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be stricken, and all remaining provisions shall be enforced.
  • Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
  • Our failure to act with respect to a breach by your or others does not waive our right to act with respect to subsequent or similar breaches.
  • In the event of any action, mediation, litigation, arbitration, suit or proceeding arising from or under the terms, provisions or conditions of the Agreement, the prevailing party shall be entitled to recover attorneys’ fees and costs incurred as a result of such proceeding.
  • This Agreement sets forth the entire understanding and agreement between the parties, with respect to the subject matter hereof.
 

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Registration

You must complete the form in English. Due to some email server incompatibility we recommend you to use one of the 3 email services for registration: YAHOO, GMAIL or HOTMAIL. If you provide incorrect information during the registration process, your registration will not be approved. As a result, most of the website's features will not be accessible to you.

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