Site Agreement

 

FAB FINDS LLC

TERMS & CONDITIONS ("The Easy Read")

GET CONNECTED:

Please add us to your contact list so you will receive all notifications from us including "outbid", "winning" bids and final invoice.  All Bidders are bound by the same Terms & Conditions!

PAYMENT:

View invoice on your account.  Pay invoice online with Credit or Debit Card.  Only CASH payments accepted at PICK-UP.  An 13% Buyer's Premium will apply to all purchases.  There is a 3% discount off the buyer's premium for CASH PAYMENTS.  All payments are made to Fab Finds LLC.

SALES TAX:

Applicable sales tax will apply.

PICK-UP:

Winning bidder is sent an online invoice with the total amount due.  Sign up for pick-up time on "Sign Up Genius".  Bring invoice to pick-up area.  SOCIAL DISTANCING & MASKS, PLEASE!

SHIPPING:

For inquiry, contact "Pak Mail" at 602-971-2300.

BRING HELP:

This is a MUST for loading heavy items!  Please bring packing materials & boxes.

NO RETURNS:

Items are sold "AS IS" and "WHERE IS" and all sales are FINAL!  There are NO expressed, written or implied warranties!  There are NO bid retractions!

HARD CLOSE AUCTION:

Please read our Terms.  We are a "Hard Close" Auction!  There is NO EXTENDED BIDDING.  You can make a maximum bid to protect your item(s). Scheduled Auction Closes start each Thursday Evening at 7 PM.  Each Lot closes in 30-60 second intervals until the auction is completed.

CONTACT US:

For any questions or problems during the online auction, please contact us at 480-717-1839

 

 

FAB FINDS LLC

TERMS & CONDITIONS ("The Fine Print")

YOU MUST REGISTER TO USE THIS WEBSITE. PLEASE READ & AGREE TO ALL TERMS AND CONDITIONS BEFORE REGISTERING TO USE THIS WEBSITE. THIS IS A TRADEMARKED WEBSITE FOR PUBLIC USE THROUGH THIS SERVICE. 

YOU ARE SUBJECT TO ALL TERMS & CONDITIONS WHEN YOU REGISTER YOUR USER ACCOUNT, PLACE A BID OR OFFER, AND PLACE AN ORDER FOR A LISTING THROUGH THIS WEBSITE.
YOU ARE ACKNOWLEDGING THIS AGREEMENT WITH THE CONDITIONS DESCRIBED BELOW. BY REGISTERING ON THIS WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THE TERMS AND CONDITIONS OF THIS USER AGREEMENT.
THE FOLLOWING DESCRIBES THE TERMS BY WHICH FAB FINDS LLC OFFERS YOU ACCESS TO OUR SERVICES.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR USE OF OUR WEBSITE OR SERVICES INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SERVICES.

Fab Finds LLC reserves the right to make changes to this Website and these Terms and Conditions at any time without prior notice. This Agreement may not otherwise be amended except in writing and signed by Fab Finds LLC. PLEASE NOTE:  We do not sell, trade or share your personal information with anyone!

Eligibility for Use of Our Service:

Our Services are available only to users who can form legally binding contracts (18 YEARS OLD) under the laws of the United States of America and the country, state and/or territory in which such users reside. Without limiting the foregoing, our Services are not available to minors, users whose use of our Services has been temporarily or indefinitely suspended, nationals or residents of any country restricted by the United States Government, or any party identified on the list of Specially Designated Nationals maintained by the United States Treasury Department or the Table of Denial Orders maintained by the United States Department of Commerce, as such restricted countries, lists and orders may be amended or modified from time to time by the United States Government. If you do not qualify, please do not use our Services..

Website Ownership:

Fab Finds LLC owns or licenses from third parties all information and other content as well as all of the software and technology related to the Website, including, without limitation, all HTML code, Java applets, graphics, icons, wallpaper, characters, artwork and text related to or contained in the Website. You may not use the Website or copy, transmit, publish, modify, distribute, perform, create derivative works from or reverse engineer any of the Technology except as expressly permitted by these Terms and Conditions. Fab Finds LLC may, at any time and in its sole discretion, add, delete or change the Website and any of the Services provided by or through the Website without notice.

Website Content: 

All information, documents, communications, files, text, graphics, software, items available through the Website and it's services, including auction listing services ie, Online Auctions, are conducted through this Website by Fab Finds LLC and third party users.
Fab Finds LLC reserves the right to ban or refuse your right to use this Website. Complaints are to be directed to management team at management department. 
You must agree to provide accurate, current, and complete information on your registration. Should information change, promptly update your Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with this Website. Contact Fab Finds LLC immediately for any unauthorized use of your username and password or any other breach of security regarding this Website.
Fab Finds LLC cannot and will not be liable for any loss or damage arising from your failure to comply with this section. Fab Finds LLC will notify users that their registration has been approved and that user shall become a "Registered User." Only Registered Users are allowed to participate in Fab Finds LLC. Fab Finds LLC reserves the right to disapprove, suspend or terminate your registration for any reason, at its sole discretion, and to prohibit you from participating in it's Services.

This Website Is Only a Venue:

Fab Finds LLC is not a party to transactions relating to third party auction items. Fab Finds LLC provides a venue for Sellers to list Items through our Website. We provide registered users a venue to make purchases on such items through our Website. Fab Finds is an independent contractor. You are an independent contractor. Neither party is a representative, broker, employee, agent, partner or joint venture of the other party. This Agreement does not create a partnership, obligation or liability upon either party. Fab Finds LLC is not party to or involved in the transactions between Buyers and Sellers. This Website is offered as a venue for Buyers & Sellers. Fab Finds LLC is not a party to any aspect of the transactions they have no control over. Fab Finds LLC may have title to or possess items listed through the Website. Fab Finds LLC is not a party to transactions related to such Items. Fab Finds LLC simply provides the Website & Services.
Online Auction & Internet Trading is commonly referred to as an Auction Website, but is not to be construed with traditional auctions using auctioneers. Rather this Website acts as a venue to allow you to offer, sell, and buy items with a listing on the Website. This can be done at anytime, in a variety of formats, including a fixed-price format or an auction-style format, commonly referred to as an Online Auction. Fab Finds LLC is not a part of third party transactions. As a result, Fab Finds LLC has no control over quality, safety or legality of the items advertised. We also have no control over the accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. Fab Finds LLC cannot ensure that a buyer or seller will actually complete a transaction. You assume all risk!

Release of Liability: 

Fab Finds LLC is not a third party to transaction between buyers and sellers. In the event that you have a dispute with one or more users, you release Fab Finds LLC (and its officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you have a dispute with a Seller or another User, you release Fab Finds LLC from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. In the event there is a breech of contract, legal issues or a situation arises that is beyond the control of the sellers, the Seller and/or Fab Finds LLC reserves all rights to void, cancel or postpone any online bidding prior to the buyer taking possession of the property. Until possession is taken of the property from the buyer, it remains the property of the owner. 
BY USING THIS WEBSITE YOU CONFIRM THAT YOU HAVE CAREFULLY READ THESE TERMS AND FULLY UNDERSTAND THEIR CONTENTS. YOU ACKNOWLEDGE THIS IS A RELEASE OF LIABILITY.

Information Control: 

Fab Finds LLC does not control the information provided by other users which is made available through our system. Fab Finds LLC never shares your information or sells it! 

Bidding: 

By placing a bid you are entering into a legally binding contract to pay for the item with the seller, do not bid if you do not intend to pay. If you are the winning bidder at the end of an auction (meeting applicable minimum bid or reserve requirements) and your bid is accepted by the seller, you are obligated to complete the transaction, unless the transaction is prohibited by law or by these Terms and Conditions. By bidding on an item you agree to be bound by the conditions of sale included in the item’s description so long as those conditions of sale are not in violation of these Terms and Conditions or unlawful. Bids are not retractable except in exceptional circumstances such as when the seller materially changes the item’s description after you bid, a clear typographical error is made, or you cannot authenticate the seller’s/buyers identity. Bid Retractions: The seller reserves all rights to cancel! There are no bid retractions. If you have entered a grossly inappropriate bid please contact with the management team.

Bids: 

If you make a bid or receive at least one bid at or above the stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are to complete the transaction with the highest bidder upon the auctions completion, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer’s identity,(c) there is pending legal dispute preventing the sale, The seller reserves all rights to cancel the sale at anytime prior to taking possession of property is taken. 

Fraud: 

Without limiting any other remedies, Fab Finds LLC may suspend or terminate your account if it suspects that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Website.

Manipulation: 

Neither you, bidders nor sellers may manipulate the price of any item nor may you interfere with other listings or auctions. Such prohibited manipulation includes, without limitation, sending emails to bidders in a currently open auction being run by a different buyer, bid siphoning, or use of any alias or a third party to place bids on an item listed for sale by you on the Website.
Your Information is defined as any information you provide to Fab Finds LLC in the registration, bidding or listing process, in any public message area, or through any email feature. You are solely responsible for Your Information, and Fab Finds LLC acts as a passive conduit for your online distribution and publication of the items listed on this website. Fab Finds LLC, however, may take any action with respect to Your Information as it deems necessary or appropriate if Fab Finds LLC believes that any part of Your Information may create liability for Fab Finds LLC or may cause Fab Finds LLC to lose (in whole or in part) the services of any of its suppliers.

Restrictions:

Your Information (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third parties copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not 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); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for Fab Finds or cause Fab Finds LLC to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) shall not link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under these Terms and Conditions; (bb) are identical to other items you have up for auction but are priced lower than your item reserve or minimum bid amount; (cc) are concurrently listed for sale on a web Website other than the Website; or (dd) you do not have a right to link to or include. Furthermore, you may not list any item on our Website (or consummate any transaction that was initiated using our Services) that, by paying to Fab Finds LLC the listing fee or the final value fee, could cause Fab Finds LLC to violate any applicable law, statute, ordinance or regulation, or that violates any applicable United States laws or the laws of the country, state or territory in which either you or your trading partner reside or to which the item being sold is to be shipped.

License: 

Subject to the provisions of the Fab Finds LLC privacy policy for the Website, you hereby grant and agree to grant to Fab Finds LLC a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensee (through multiple tiers) right to use, publish, copy and distribute information for any purpose related to the Website, the listing of items on the Website, the sale or purchase of items listed on the Website and the marketing and/or promotion of the Website or other products or services of Fab Finds LLC.

Breach: 

Without limiting remedies, Fab Finds LLC may immediately without notice issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our Services to you: (a) if you breach these Terms and Conditions or the documents it incorporates by reference; (b) if Fab Finds LLC is unable to verify or authenticate any information you provide to Fab Finds LLC; or (c) if Fab Finds LLC believes that your actions may cause legal liability for you, our users or Fab Finds LLC. Fab Finds shall not be obligated to escalate its remedies under this provision and may immediately and without notice terminate your use of the Website.

Access and Interference: 

The Website contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without the prior expressed written permission of Fab Finds LLC. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Website or any auction being conducted on the Website.You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Website is updated on a real time basis and is proprietary or is licensed to Fab Finds LLC by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our Website without the prior expressed written permission of Fab Finds LLC or the appropriate third party. .

Downloaded Content: 

If any downloaded content (the “Downloaded Content”) is provided to you by the Website (i.e., Java applets, Active-X controls, etc.), you may use such Downloaded Content only as part of your use of the Website in compliance with these Terms and Conditions. You may not copy, reproduce, publish, distribute, display, or otherwise transfer, or modify, adapt, perform, license, sell, or create derivative works from, or decompile, disassemble, or otherwise reverse engineer, any Downloaded Content without the prior express written consent of Fab Finds LLC.

User Submissions: 

Fab Finds LLC enjoys hearing from users of the Website and welcomes any feedback and/or input that users may have. Nevertheless, in order to avoid any disputes, Fab Finds LLC asks that users not send any comments unless the user agrees that Fab Finds LLC will be licensed to use the comments in any way or manner that it chooses. Specifically, with respect to any design, idea, concept, suggestion, or other information users communicate to Fab Finds LLC, whether electronically to the Website or otherwise (collectively the “Submissions”), users automatically, and without further action or consideration, hereby grant, and agree to grant, to Fab Finds LLC a royalty-free, perpetual, irrevocable, non-exclusive license to, for any and all purposes, use, reproduce, publish, display, distribute, transfer, modify, license, sell, and create derivative works from such Submissions (or any part of such Submissions), in whole or in part and in any form, medium, or technology existing now or in the future.

Copyright And Trademark Notices:  

Fab Finds LLC and/or the licensors of Fab Finds LLC own the copyrights to all aspects of the Website. Fab Finds and all other names and designations used by Fab Finds LLC on or for any of its products or services referenced on the Website (collectively all the “Fab Finds LLC” Trade Marks”) are service marks or trademarks (or registered service marks or trademarks) of Fab Finds LLC. Third Party company names and other product or service names or designations referenced on the Website may be the service marks or trademarks (or registered service marks or trademarks) of their respective owners. All rights in the Website, the Technology, the Downloaded Technology and the Fab Finds LLC trademarks are reserved by Fab Finds LLC. You may not use the Fab Finds LLC trademarks for any purpose whatsoever without the prior express written consent of Fab Finds LLC.

No Warranty:  "AS IS", "WHERE IS"

Fab Finds LLC PROVIDES THE WEBSITE AND SERVICES “AS IS", "WHERE IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Fab Finds LLC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Disclaimer Of Liability:

IN NO EVENT WILL Fab Finds LLC BE LIABLE UNDER ANY THEORY OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND ARISING IN CONNECTION WITH YOUR USE OF OUR SERVICES AND THE Website. EVEN IF Fab Finds LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, LOSS, OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT FAB FINDS LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES AND OTHER AGENTS AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO: (1) THE DENIAL OR INTERRUPTION OF ACCESS TO THE Website, (2) ANY INACCURACIES IN ANY OF THE INFORMATION DISPLAYED ON OR PROVIDED THROUGH OR WITH THE Website, (3) THE PURCHASE OR USE OF ANY PRODUCT OR SERVICE LISTED ON THE Website, INCLUDING ANY DEFECT IN ANY SUCH PRODUCT OR SERVICE, OR (4) YOUR USE OF OR INABILITY TO USE THE Website. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ALL DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. 

Choice of Law:

The laws of the State of Arizona, United States of America, without regard to its choice-of-law rules, will govern the instruction, interpretation, and enforcement of these Terms and Conditions.

Arbitration: 

Any legal controversy or legal claim arising out of or relating to these Terms and Conditions or our Services, excluding legal action taken by Fab Finds LLC to collect our fees and/or recover damages for, or obtain an injunction relating to, the Website operations, intellectual property, and our Services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in appropriate counties and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Fab Finds LLC may seek any interim or preliminary relief from a court of competent jurisdiction if necessary to protect the rights or property of you or Fab Finds LLC pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorneys’ fees and costs.

Fees and Services:

Fab Finds does not charge a user for registration on the Website or for bidding on items listed on the Website. Fab Finds does charge a fee for the listing of items for sale on the Website. There is a 13% Buyer`s Premium in effect for all auctions. Current Fees for listing items for sale on the Website are available by contacting Management department. When placing an order to list an item you have an opportunity to review and accept the fees that you will be charged for the use of our Services. Fab Finds LLC may in its sole discretion change some or all of our Services at any time. In the event Fab Finds LLC introduces a new service, the fees for that service are effective at the launch of the Service. You are responsible for paying all applicable taxes related to or arising from the purchase or sale of items listed on the Website and for all other costs incurred by you to bid, buy, procure a listing from the Website or access the Website’s servers. Your use of the Website and Services is evidence of your acceptance of these fees and your commitment to the payment of all applicable fees.

Indemnity:

You agree to indemnify and hold Fab Finds LLC and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. 

Legal Compliance:

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Services and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. 

No Agency: 

You and Fab Finds LLC are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. 
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General: 

Fab Finds LLC does not guarantee continuous, uninterrupted or secure access to our services, and operation of the Website may be interfered with by numerous factors outside of our control. If any provision of these Terms and Conditions are held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Copyright 2020  All Rights Reserved. Use of this Website constitutes acceptance of the User Agreement.

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