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Terms of Service

TERMS OF USE

Last Updated: September 13, 2026

These Terms of Use ("Terms") govern your access to and use of www.digitalauction.com (the "Website"), operated by Digital Auction ("Digital Auction," "we," "us," or "our"), a California sole proprietorship.

By accessing or using the Website, you agree to these Terms and our Privacy Policy.

If you do not agree with these Terms, do not use the Website.

1. DIGITAL AUCTION'S ROLE

Digital Auction operates an online auction directory and advertising platform.

Digital Auction does not conduct, operate, manage, administer, or host auctions.

Digital Auction is not the auctioneer, seller, buyer, bidder, broker, agent, escrow service, or owner of merchandise advertised through the Website.

Digital Auction does not accept bids and does not determine auction winners.

The actual auctions listed on the Website are conducted independently by auctioneers, auction companies, auction houses, sellers, or other third parties.

2. AUCTION LISTINGS

Digital Auction allows users, including auctioneers and other authorized parties, to submit auction listings.

Listings may include:

  • Auction dates and times
  • Auction locations
  • Auction descriptions
  • Item descriptions
  • Photographs
  • Auctioneer information
  • Contact information
  • Website links
  • Bidding instructions
  • Other information supplied by the submitting user

Digital Auction does not guarantee that listing information is accurate, complete, current, authentic, or lawful.

Auction details may change after publication.

Users should independently verify all important auction information directly with the applicable auctioneer or auction operator.

3. NO INVOLVEMENT IN AUCTION TRANSACTIONS

Digital Auction does not:

  • Accept bids
  • Process bids
  • Determine winning bids
  • Set auction prices
  • Sell auction merchandise
  • Own auction merchandise
  • Hold auction merchandise
  • Collect auction proceeds
  • Process payments between buyers and auctioneers
  • Arrange delivery or pickup
  • Guarantee title to merchandise
  • Guarantee authenticity or condition of merchandise
  • Guarantee an auction will occur
  • Guarantee an auction will not be canceled or postponed
  • Guarantee an auctioneer's performance
  • Guarantee that a bidder will win an item

Any auction transaction is solely between the applicable auctioneer, seller, buyer, bidder, or other third party.

4. THIRD-PARTY AUCTIONEERS AND WEBSITES

Links on Digital Auction may direct users to third-party auction websites, auction platforms, auctioneer websites, or other services.

Digital Auction does not control those third parties.

We are not responsible for third-party:

  • Auctions
  • Bidding systems
  • Websites
  • Products
  • Services
  • Pricing
  • Payment processing
  • Shipping
  • Pickup arrangements
  • Refunds
  • Cancellations
  • Disputes
  • Privacy practices
  • Terms and conditions

Your dealings with third parties are solely between you and those third parties.

5. USER-SUBMITTED LISTINGS

Digital Auction permits users to submit auction listings.

By submitting a listing, you represent and warrant that:

  • You have authority to submit the listing;
  • The information you provide is accurate to the best of your knowledge;
  • You have permission to submit all photographs and other materials;
  • Your submission does not infringe another person's intellectual property rights;
  • Your submission does not violate applicable law;
  • Your submission is not fraudulent or intentionally misleading; and
  • Your submission does not contain malicious code or other harmful material.

You are responsible for promptly updating or correcting information that becomes inaccurate or outdated.

6. LICENSE TO USER-SUBMITTED CONTENT

You retain ownership of content you submit to Digital Auction.

However, by submitting content, you grant Digital Auction a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to host, store, reproduce, display, publish, distribute, format, modify for technical purposes, promote, advertise, archive, and otherwise use the content as reasonably necessary to operate, promote, and provide the Website and Digital Auction's services.

This license includes the right to display submitted content on Digital Auction's Website and in related promotional materials.

You represent that you have all rights necessary to grant this license.

7. LISTING REVIEW AND REMOVAL

Digital Auction may, but is not obligated to, review submitted listings.

We may refuse, edit, restrict, suspend, or remove any listing or content for any lawful reason, including where we believe the content:

  • Violates these Terms
  • Is inaccurate or misleading
  • Is unlawful
  • Infringes intellectual property rights
  • Creates legal or security concerns
  • Is inappropriate for the Website
  • Is obsolete or no longer relevant
  • Could harm Digital Auction or its users

Digital Auction does not guarantee that all submitted listings will be published.

8. ADVERTISING SERVICES

Digital Auction may offer advertising and promotional services to auctioneers, auction companies, businesses, and other advertisers.

Advertising may include:

  • Featured auction listings
  • Sponsored listings
  • Banner advertising
  • Promotional placements
  • Premium directory placements
  • Other advertising formats

Advertising may be available on either a one-time or recurring basis.

Advertising rates, placement, duration, features, and availability may vary.

Payment for advertising does not constitute an endorsement by Digital Auction of the advertiser, auction, merchandise, or services.

9. PAID ADVERTISING

When purchasing advertising, you agree to pay the applicable price presented during the purchase process.

Advertising may be purchased:

  • As a one-time purchase;
  • For a specified advertising period;
  • As a recurring subscription; or
  • Under a separate written advertising agreement.

If recurring advertising is offered, the applicable checkout or subscription terms will disclose the billing frequency and applicable charges.

You authorize the applicable payment processor to charge the payment method according to the terms presented at purchase.

10. ADVERTISING CANCELLATIONS AND REFUNDS

Advertising cancellation and refund terms may vary depending on the advertising product purchased.

The applicable cancellation, refund, renewal, and billing terms will be presented during purchase or in a separate advertising agreement.

Unless otherwise stated, cancellation of a recurring advertising arrangement stops future renewals but does not necessarily result in a refund of amounts already paid.

Digital Auction may issue refunds or credits at its discretion where appropriate.

Nothing in this section limits any refund, cancellation, or other consumer right that cannot legally be waived.

11. ADVERTISER RESPONSIBILITIES

Advertisers are solely responsible for advertisements and information they provide to Digital Auction.

Advertisers represent and warrant that their advertising materials:

  • Are truthful and not intentionally misleading;
  • Comply with applicable law;
  • Do not infringe intellectual property rights;
  • Do not contain unlawful material;
  • Do not contain malicious software;
  • Do not violate the rights of another person; and
  • Are submitted by someone authorized to act for the advertiser.

Digital Auction may reject or remove advertising that does not satisfy our requirements.

12. NO GUARANTEE OF ADVERTISING RESULTS

Digital Auction does not guarantee that advertising will produce:

  • Website traffic;
  • Leads;
  • Bids;
  • Auction registrations;
  • Auction attendance;
  • Sales;
  • Revenue; or
  • Any particular business result.

Advertising placement does not guarantee a particular number of impressions, clicks, views, inquiries, or conversions unless expressly stated in a separate written agreement.

13. PROHIBITED USES

You agree not to:

  • Use the Website for unlawful purposes;
  • Violate applicable laws or regulations;
  • Submit fraudulent information;
  • Impersonate another person or business;
  • Infringe intellectual property rights;
  • Upload malware or harmful code;
  • Attempt unauthorized access to Website systems;
  • Interfere with Website operations;
  • Circumvent security measures;
  • Scrape or systematically collect Website data through automated means without authorization;
  • Manipulate listings, rankings, traffic, or advertising performance;
  • Distribute spam;
  • Use the Website to facilitate fraud; or
  • Otherwise misuse the Website.

14. INTELLECTUAL PROPERTY

The Website's original content, design, organization, software, graphics, logos, text, and other proprietary materials are owned by Digital Auction or its licensors and are protected by applicable intellectual property laws.

You may not reproduce, distribute, modify, sell, license, create derivative works from, or commercially exploit Digital Auction's proprietary content without permission, except as permitted by law.

Third-party names, trademarks, logos, and other intellectual property remain the property of their respective owners.

15. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND ALL CONTENT, LISTINGS, INFORMATION, ADVERTISING, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

DIGITAL AUCTION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND SECURITY.

WE DO NOT WARRANT THAT:

  • THE WEBSITE WILL BE AVAILABLE AT ALL TIMES;
  • THE WEBSITE WILL BE ERROR-FREE;
  • INFORMATION WILL ALWAYS BE ACCURATE OR CURRENT;
  • AUCTION LISTINGS WILL REMAIN AVAILABLE;
  • THIRD-PARTY WEBSITES WILL FUNCTION;
  • ADVERTISING WILL PRODUCE PARTICULAR RESULTS; OR
  • THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

16. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGITAL AUCTION AND ITS OWNER, CONTRACTORS, SERVICE PROVIDERS, AND REPRESENTATIVES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING FROM OR RELATED TO:

  • YOUR USE OF THE WEBSITE;
  • YOUR INABILITY TO USE THE WEBSITE;
  • ANY AUCTION LISTED ON THE WEBSITE;
  • ANY ACTION OR OMISSION OF AN AUCTIONEER, SELLER, BIDDER, BUYER, OR OTHER THIRD PARTY;
  • ANY AUCTION TRANSACTION;
  • ANY THIRD-PARTY WEBSITE;
  • USER-SUBMITTED CONTENT;
  • ADVERTISING;
  • PAYMENT PROCESSING;
  • WEBSITE interruptions;
  • SECURITY incidents; or
  • Any other matter relating to the Website.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGITAL AUCTION'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID DIRECTLY TO DIGITAL AUCTION DURING THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) $100.

NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED.

17. INDEMNIFICATION

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Digital Auction and its owner, contractors, service providers, and representatives from claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

  • Your use of the Website;
  • Your violation of these Terms;
  • Content you submit;
  • Your advertisement;
  • Your violation of another person's rights;
  • Your violation of applicable law; or
  • Your dealings or transactions with auctioneers, sellers, buyers, bidders, advertisers, or other third parties.

18. PAYMENTS

Paid services may be processed through Stripe or another third-party payment processor.

Digital Auction generally does not store complete credit-card numbers.

Payment processing is subject to the applicable payment processor's terms and policies.

If a payment is reversed, disputed, charged back, or otherwise not successfully received, Digital Auction may suspend or remove the associated advertising or service.

19. SUSPENSION AND TERMINATION

Digital Auction may suspend, restrict, or terminate access to the Website or remove listings or advertisements when reasonably necessary, including if:

  • You violate these Terms;
  • You provide fraudulent information;
  • Your activity creates legal or security risks;
  • Your content violates these Terms;
  • Payment obligations are not satisfied; or
  • Your conduct may harm Digital Auction or another person.

We may also discontinue all or part of the Website at any time.

20. PRIVACY

Our collection and use of personal information are described in our Privacy Policy.

By using the Website, you acknowledge that you have reviewed our Privacy Policy.

21. MODIFICATIONS

We may modify these Terms from time to time.

Updated Terms will be posted on the Website with a revised "Last Updated" date.

Your continued use of the Website after updated Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.

Changes to specific paid advertising arrangements may also be governed by the terms presented when the applicable purchase was made.

22. GOVERNING LAW

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles, except to the extent another law is required to apply.

23. INFORMAL DISPUTE RESOLUTION

Before pursuing formal legal action concerning a dispute related to the Website, you agree to first contact Digital Auction at:

customer.support@digitalauction.com

and provide a reasonable opportunity to resolve the dispute informally.

This provision does not prevent you from exercising rights or pursuing remedies that cannot legally be restricted.

24. SEVERABILITY

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in effect.

25. NO WAIVER

Our failure to enforce any provision of these Terms does not waive our right to enforce that provision in the future.

26. ENTIRE AGREEMENT

These Terms and our Privacy Policy constitute the agreement governing your use of the Website, except where a separate written agreement applies.

27. CONTACT INFORMATION

Digital Auction

Email: customer.support@digitalauction.com

BY ACCESSING OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS OF USE.