Terms & Conditions
Please read these Terms & Conditions carefully
What are cookies?
A cookie is a simple text file that is stored on your computer or mobile device by a website’s server and only that server will be able to retrieve or read the contents of that cookie. Each cookie is unique to your web browser. It will contain some anonymous information such as a unique identifier and the site name and some digits and numbers. It allows a website to remember things like your preferences, or what is in your checkout cart. Using our website will result in us placing cookies on your computer or device in the three categories set out below.
These cookies are essential to enable you to move around the website and use its features, such as accessing secure areas of the site. Many of the functions on our site will not work properly, or not at all, if you do not allow these cookies to be used. We may therefore be unable to provide many of the services you may wish to request unless you accept the use of these cookies.
These cookies collect information about how visitors use a website, for instance, which pages visitors go to most often. These cookies do not collect information that identifies a visitor. All information collected by these cookies is aggregated and is therefore anonymous. The information is only used to improve how the website and its features work.
These cookies allow the website to remember choices you make (such as your user name, language, or the region you are in) and provide enhanced, more personal features (for example, remembering changes you have made to text size and fonts).
If you reside outside the European Economic Area, we also use a fourth type of cookie for targeting or advertising.
Targeting or Advertising
Condition of Sale
Estimates included in our catalogues are intended as a guide only. Lots may sell higher or lower. For most regular items the estimate is based on the current market value. However, for rare, unique and unusual items and bulk lots, the estimate serves only as an educated guess and may sell higher.
Auction 110 – Main Auction: 24-28 March 2022
Auction 111 – PCGS Auction: 21-22 May 2022
Auction 112 – Main Auction: 29-31 July 2022
Auction 113 – PCGS Auction: September 2022
Auction 114 – Main Auction: November 2022
Pre-Auction viewing times
Please book an appointment to visit us and review all the lots you are interested in.
You will be able to start pre-bidding two weeks prior to the auction date. See our next auction for times.
Collection and Payment
Lots Must be collected on the day. (Unless Postal Bid or other arrangements have been made with Roxbury’s Auction House) No lots are to be collected until payment has been made. Payment may be made by bank cheque, personal cheques are ACCEPTED, although there will be limits unless known to us. Cheques for large amounts will need to be cleared. Visa & Mastercard are accepted; however, a fee of 1.5% will be added to your invoice. No charges on debit cards. Postal bidders will be invoiced, and payment will be required immediately; thank you.(Penalties and a fee will apply for any late payments). ALL overseas clients ONLY Bank Transfers will be AcceptedRoom bidders must pay for and collect lots on day of auction (A late service fee of $50 will apply to bidders who have not collected in this time). Lots stated to contain collections and or undescribed items must be taken with all faults and errors (if any) and by reason of the foregoing the purchaser of any such lot shall have no right to reject same. Any discrepancy to be advised immediately.
Ownership of GoodsOwnership of lots shall not pass until payment in full of the purchase price, in the case of personal cheques accepted by the auctioneer, until clearance of same.
The highest bidder shall be the purchaser. The auctioneer shall be the sole judge of who was the highest bidder.All lots are put up for sale subject to any reserve price that may be imposed by the seller. The seller shall be entitled to bid personally or through any other person (who may be the auctioneer) and to withdraw any lot or lots either personally or through the auctioneer. Buyers must satisfy themselves as to the accuracy of their purchases at the time of delivery. The auctioneer cannot be held responsible for any discrepancy which might be discovered after the lots have been removed from the premises.In the event of any dispute between bidders for a lot, the auctioneer shall have absolute discretion to settle the dispute or (whether or not the lot has been knocked down as sold) to re-submit to lot for sale by auction at the sale in progress or as soon as practicable thereafter.Any lots that have been viewed are non-returnable. Postal bidders who have a dispute regarding a lot must advise Roxbury’s on receipt of lots & discuss prior to any returns.*** AbsolutelyNO returns after 21 days of auction as vendors have been paid out by this time. Absolutely NO Returns on any Lots that have been tampered with. Note: We do not accept responsibility for items that do not come up to Buyer expectation on PCGS Grading. No refunds will be issued as a result of this.
Postal bids are recorded in the order that they are received. When two bids are received for the same amount, the bidder whose commissions arrived first is the buyer, subject of course, to bids from the floor. All commissions are handled in strict confidence.Please Note: We do not accept responsibility for mistakes made through receiving a bid over the telephone.We do not accept responsibility for mistakes made as a result of poor or illegible handwriting. Please write in block letters.While we do our best, no responsibility is taken for late bids phoned or faxed or emailed on the day of auction.
AU$10 – AU$95
AU$100 – AU$400
AU$420 – AU$1,000
AU$1,500 – AU$5,000
AU$100 or auctioneers discretion
BIDS are to be received: By 6.00pm the day BEFORE the Auction Day Start
(Otherwise bids can not be guaranteed to be processed.)
Phone: (07) 3831 2599 or Email: [email protected]
The auctioneer may bid for the vendor or for any prospective purchaser and any such bid:
(i) need not be expressed to be effective, and
(ii) if the highest bid to which a lot is knocked down shall be sufficiently evidenced if recorded in the sale book. If so required, buyers are to give their names and addresses and/or to pay down the whole or part of the purchase price at the end of the sale.
Failure to comply with these rules in respect of any lot entitles the auctioneer to re-sell the lot.
Agents bidding on behalf of undisclosed clients do so with their responsibility both for payment and safe delivery of the lots. The auctioneer shall not be liable for any default of the purchaser or the vendor. Bids from minors will not be accepted unless accompanied by a full cash deposit or by suitable guarantees. Each lot is sold as genuine unless otherwise described.
The Auctioneer reserves the right to admit individuals to view or entry into the Auction Room and to refuse bids from same, for reasons not to be disclosed.
Items described as having defects are not returnable on account of their condition. Items graded are purely the opinion of the describer and may not necessarily be the opinion of others. Disputes arising to be settled at the auctioneer’s discretion.
Any dispute as to the meaning or operation of these conditions, a synopsis of which is printed above, shall be determined conclusively by the auctioneer.
PLEASE NOTE: A 22% BUYERS COMMISSION WILL BE ADDED TO YOUR INVOICE (includes GST)
The Site and Application allow you to, among other things use your computer or mobile device(s) to place bids and monitor live auctions (collectively, the “Services”). Pursuant to our agreement with the Auction House, the Auction House is the owner of any information collected through the Site, and we act as a processor.
What types of information does the Site and the Application collect?
For Users Located in the European Economic Area (including the United Kingdom)
We collect and store information that you voluntarily provide to us as well as data related to your use of the Site and Application.
When you register with us and use the Services, we ask that you provide your name, email address, user name and password. You can also choose to provide us with additional information, such as a contact phone number. All of the information listed in this paragraph is collectively referred to as your “Personal Data”. This Personal Data is necessary to provide you with the Application and we are processing this Personal Data in accordance with your request.
If you choose to purchase an item at auction, your payment information is processed by a third party payment processor. Please carefully read the section titled “Processing Payments for Auction Items” below. All payment information is necessary to process for the purpose of completing the transaction that you have requested with the Auction House.
The Application can also provide you with push notifications of upcoming events, such as sales or auctions. You can opt out of receiving push notifications at any time by using the settings on your mobile device. You can stop all collection of information by the Application by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
In addition, we automatically collect certain information and analytical data related to your use of the Site and Application (“Usage Information”). In the aggregate, this Usage Information is non-personally identifiable or anonymous information about you, including the date and time of your visit, the phone network associated with your mobile device, your mobile device’s operating system or platform, the type of mobile device you use, your mobile device’s unique device ID, location and the features of our Application you accessed (collectively “Aggregate Information”). This Aggregate Information is in no way associated with your Personal Data. Usage Information is necessary for the operation and optimization of the Site and the Application.How do you use my information, and how long do you keep it?
We use collected information, including Personal Data, to make available and to improve our high standard of reliable services. We use such information to:
respond to inquiries or service requests and monitor such responses;
provide information about and market our products or services;
enable transactions conducted between you and the Auction House using the Application;
resolve problems; and
manage the Site and Application and assess usage of the Services.
We will retain Personal Data for as long as you continue to use the Site and/or Application and as long as is necessary thereafter to meet our obligations to the Auction House or other legal obligations. We will retain Aggregate Information for up to 24 months.How do you share my information with others?
The ways we may share your Personal Data are outlined below.
Processing Payments for Auction Items
We use third-party credit card processors to process payments for auction items that you choose to make through the Services. To make this possible, your name, billing address and order total are shared via secure (encrypted) means with our third-party payment processors for the sole purpose of completing your order. Please note that your credit card information (number, expiration date, security code) is stored by the third party payment processor and not us. We have entered into agreements (including data processing agreements for our users located in the European Economic Area) with our payment processors to protect and secure your information. If you would like information on our payment processors, please contact us at [email protected].
We may disclose Personal Data to our third party service providers to provide you with the Services, including our third party payment processor. We share Aggregate Information with companies that provide public relations and marketing services for us. Such information will only be shared by us to customize, measure and improve our Site, Application and Services.
We may disclose information, including Personal Data, which we believe is appropriate to protect our rights, or to cooperate in investigations of fraud or other illegal or inappropriate activity or in response to a subpoena, court order or other comparable legal process. If a subpoena seeks information about an identified user or limited group of users, we’ll make reasonable business efforts, if permitted, to contact the user(s) before providing information to the party that requests it. We cannot guarantee that we will be able to contact the user(s) in all cases.
We may disclose Personal Data to your agent or legal representative (such as the holder of a power of attorney that you grant, or a guardian appointed for you) and may request identity verification before disclosing Personal Data in such a case.
We are not limited in our use of Aggregate Information that does not permit direct association with any specific individual, or non-identifiable aggregate information about our users (such as the number of users of our Services, the geographic distribution of our users, the amount of information located and/or removed, etc.).How do I change, delete or access my Personal Data?
You may view, change, or access your Personal Data at any time by logging into the Services and changing your account information. If you’d like to delete your Individual Information that you have provided in connection with the Services, please contact us at [email protected] and we will forward your request to the Auction House.How do you protect my information?
We have implemented industry standard information security practices including administrative, physical, and technical measures to protect your Personal Data from loss, misuse, or unauthorized access, disclosure, alteration, or destruction. The security of your account relies on your protection of your password and mobile device(s). You are responsible for maintaining the security of your password. You are solely responsible for any and all activities that occur under your account or on your mobile device. You may not share your password or Services account with anyone. We will never ask you to send your password or other sensitive information to us in an email, though we may ask you to enter this type of information on the Site or the Application interface. If you believe someone else has obtained access to your password, please change it immediately. If you believe that an unauthorized access has already occurred please report it immediately at [email protected]. You must promptly notify us if you become aware that any information provided by or submitted to in connection with the Services is lost, stolen, or used without permission.
We collect certain information about your mobile device automatically, such as the type of mobile device you use, your mobile device’s unique device ID, the Internet Protocol (IP) address of your mobile device, your mobile device operating system, location, the type of mobile device Internet browser you use, and information about the way you use the Application. If you prefer, you can program your mobile device so that it does not store this information while utilizing the Applications. Certain Application features may only be available through the collection and use of this type of “cache data”. We may use cache data to assist in data collection and to track Application usage and trends to help us better serve you.
Each time you use the Services, the current version of the Policy will apply. Accordingly, when you use the Services, you should check the date of this Policy (which appears at the top of the Policy) and review any changes since the last version. Our business changes frequently and this Policy is subject to change from time to time. Unless stated otherwise, our current Policy applies to all information that we have about you. We will not materially change our policies and practices to make them less protective of Personal Data collected in the past without the consent of affected customers.Notice to California Residents
California Civil Code Section 1798.83, known as the “Shine the Light” act, permits customers who are California residents and who have provided us with “personal information” (as that term is defined in Section 1798.83) to request certain information about the disclosure of that information to third parties for their direct marketing purposes. If you are a California resident with questions regarding this, please contact us via email at [email protected] or by mail at:
Auction Mobility LLC
464 Common Street, Suite 326
Belmont MA 02478
Under the California Consumer Privacy Act (“CCPA”), Auction Mobility is a “service provider” to the Auction House. The CCPA grants California residents certain rights with respect to disclosure, access, and deletion of personal information collected by a covered business. If you are a California resident with questions about your rights and personal information under CCPA, please contact the Auction House and we will cooperate with the Auction House to address your requests.Notice to Nevada Residents
We do not sell, rent, or otherwise share your data to any third-party for a business or commercial purpose, other than the Auction House. By establishing an account via the Auction Mobility Site and the Application, you specifically consent to such disclosure. Pursuant to Section 603A of the Nevada Revised Statutes, residents of Nevada may, at any time, submit a request to an operator of a website in Nevada directing the operator not to make any sale of any personal information the operator has collected or will collect about the consumer. If you are a Nevada resident and want to opt-out of the sale of any personal information at any future time, please submit an email request to [email protected]. In your request, please specify that you want to “Opt-Out of Sale of Personal Information in Nevada.” Please allow 60 days for a response.For Users Located in the European Economic Area (EEA) or the United Kingdom
If you are located in the EEA or the United Kingdom, you are entitled to certain information regarding your Personal Data and our legal basis for collecting and processing such Personal Data.
Examples of Personal Data
(please note that the list is not exhaustive)
Legal grounds for processing
To provide you with requested services (for example, bidding, shipping, payment)
Name, contact details (including email address, postal address, telephone number)
Your payment card details
Records of your communications with use (including bidding instructions recorded in online bidding logs)
Performance of a contract
Performance of a contract
Details of your past transactions (including any tax paid or tax withheld) and/or shipments (including any permits obtained or duties paid)
Any information relating to a dispute or legal proceeding
Compliance with a legal obligation
To provide you with details about upcoming auctions or other events from the Auction House
Your name, email address
Your marketing and communication preferences (in your Auction House account)
To monitor the performance of our Site and Application and make your user experience better
Your IP address
Your browser type, device ID, and operating system
The resources your access on your Auction House account and the Services
The data obtained from cookies, web logs, and other similar technologies that monitor the use of our Site and Application (please see our Cookies Policy)
Legitimate interestsRights of EEA and United Kingdom residents
You may have rights of access, correction, or deletion of your Personal Data. You may access or correct Personal Data at any time through your Auction House account. If you’d like to delete your Individual Information that you have provided in connection with the Services, please contact us at [email protected] and we will forward your request to the Auction House. For all other data subject requests under the General Data Protection Regulation (or comparable UK data protection law), we will cooperate with the Auction House as the controller of your Personal Data.Is my Personal Data transferred out of the EEA or the United Kingdom?
We are located in the United States and provide our Services from the United States, and as such, your Personal Data will be held in our servers located in the United States. The United States does not have the same data protection laws as in the EEA or the United Kingdom.
We provide the Services to the Auction House as a data processor pursuant to instructions and a data processing agreement, including the EU Commission approved “standard contractual clauses.”. Auction Mobility complies with the EU-US Privacy Shield Framework as set for the by US Department of Commerce regarding the collection, use, and retention of your Individual Information transferred from the European Union and the United Kingdom to the United States. To read Auction Mobility’s Privacy Shield Statement click here. To learn more about the Privacy Shield program, and to view Auction Mobility’s certification, please visit https://www.privacyshield.gov/list and search for Auction Mobility LLC.Contact Auction Mobility
To contact us with your questions or comments regarding this Policy or the information collection and dissemination practices of the Application, please email us at [email protected] or contact us by mail at:
Auction Mobility LLC
464 Common Street, Suite 326
Belmont MA 02478
- Updated April 25, 2020
To register with us and use the Site or Application, we require that you provide certain information, including your name, email address, username and password (collectively, your “Account Information”). If you provide any information that is untrue, inaccurate, not current or incomplete, or if you impersonate someone else, or we have reasonable grounds to suspect so, we may terminate your account and refuse any and all current or future use of the Site and Application by you.
You are solely responsible for maintaining the confidentiality of your user name and password. You must notify us immediately of any unauthorized use of your Account Information. We will not be responsible for any losses arising out of the unauthorized use of your account and you will indemnify and hold us harmless from and against any losses, damages, claims or liabilities relating to the improper, unauthorized or illegal uses of your account.
If you are a user accessing Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Services, which is governed by U.S. law, you are transferring your personal information to the United States and you consent to such transfer.
Use and RestrictionsContent
All text, videos, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork and computer code, including but not limited to design, structure, “look and feel” and arrangement of the content available on the Site and Application (collectively, “Content”) is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
The Application and Site contain links to other independent third-party web sites, and we provide links to third-party websites as part of the Services (in all cases “Linked Sites”). These Linked Sites are provided solely as a convenience to you and based upon your Account Information or the Content you elect to view. Such Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites, including any products, information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. Some of the content served by us will be from affiliated merchant sites, and sales through these affiliated sites may generate a commission payable to us. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of third party web sites, including, without limitation, Linked Sites and websites linking to the Application and/or Site. You should review applicable terms and policies, including privacy and data gathering practices, of third party web sites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.Prohibited Uses
You may not use the Application, Site or Services for illegal or unlawful or malicious activities or for activities that we deem improper for any reason whatsoever in our sole judgment. While using the Application, Site and Services, you may not: (a) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use or provide any fraudulent, misleading or inaccurate information; (b) defame, abuse, harass, stalk, intimidate, bully, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (c) access or use (or attempt to access or use) another user’s account without permission, or solicit another user’s login information; (d) transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; (e) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Application, Site or Services; (f) “frame” or “mirror” any portion of the Application, Site or Services; (g) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Application, Site or Services; (h) harvest or collect information about or from other users of the Application, Site or Services; (i) use the Application, Site or Services for any illegal activity; (j) probe, scan or test the vulnerability of the Application or Site, nor breach the security or authentication measures on the Application or Site or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Application or Site, such as a denial of service attack; (k) access or use any portion of the Content or Services if you are a direct or indirect competitor of the Company, or provide, disclose or transmit any portion of the Content to any direct or indirect competitor of the Company; (l) use or distribute any Content to directly or indirectly create or contribute to the development of any database or product; or (m) facilitate or encourage any violations of this Section.
Warranties, Disclaimers and Limitations of LiabilityYour Warranties
ALTHOUGH WE MAKE EFFORTS TO PROVIDE AN ACCURATE APPLICATION AND SITE, THE APPLICATION, SITE AND ALL PARTS THEREOF ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE” TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY AND ITS LICENSORS AND SUPPLIERS DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WITH RESPECT TO THE APPLICATION, THE SITE, THE SERVICES, AND ANY INFORMATION OR DATA WE PROVIDE TO YOU, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, (2) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS, (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND (4) THAT ACCESS TO OR USE OF THE APPLICATION, SITE, CONTENT OR SERVCIES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. ANY RELIANCE UPON THE APPLICATION, SITE AND SERVICES IS AT YOUR OWN RISK.
Please note that we do not have control over, and cannot guarantee the existence, quality, safety or legality of any item offered by the Auction House, the truth or accuracy of Auction House representations, or the ability of Auction House to sell any item.
Your reliance upon the information available on the Application and/or Site or through use of the Services and your interactions with third parties identified through the Services is SOLELY AT YOUR OWN RISK. The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet, mobile devices and electronic communications and mail delivery systems. We are not responsible for any delays, delivery failures or other damages resulting from such problems. We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Application, Site and Services, or any portion thereof; and (2) to interrupt the operation of the Application, the Site and/or provision of Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes, or to comply with laws.
Some jurisdictions do not allow the above disclaimer of warranties, so such disclaimers might not apply to you.Limitations of Liability
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, APPLICATION OR THEIR RESPECTIVE CONTENT, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE SITE, THE APPLICATION OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE SITE, THE APPLICATION OR THEIR RESPECTIVE CONTENT, OR OTHERWISE ARISING OUT OF THE USE OR ACCESS OF THE SITE, USE OF THE APPLICATION OR USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SITE OR THE APPLICATION, AND ALL OTHER USE OF THE SITE OR APPLICATION, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
THE AGGREGATE AND CUMULATIVE LIABILITY OF COMPANY TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THESE TEMRS OF USE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Some jurisdictions do not allow the above limitation of liability and/or exclusion of damages, so such limitations and exclusions might not apply to you.Release
If you have a dispute with the Auction House, you release Company (and its affiliates and subsidiaries, and its and their respective officers, directors, employees and agents) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.Indemnification
By using the Site, the Application or the Services, you agree that Company may communicate with you electronically regarding administrative, security and other issues relating to your use of the Site, Application and Services. You agree that any notices, agreements, disclosures or other communications that Company sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing. The foregoing does not affect your statutory rights.Governing Law
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the Commonwealth of Massachusetts, United States, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute between you and Company.Binding Bilateral Arbitration and Applicable Law (Continued from Section titled “Binding Arbitration” above)
Agreement to Arbitrate
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. YOU THEREFORE AGREE TO WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO FILE, COMMENCE OR PARTICIPATE IN ANY CLASS ACTION OR CLASS ARBITRATION AGAINST COMPANY OR ANY PUTATIVE CLASS ACTION OR CLASS ARBITRATION AGAINST COMPANY. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any limitations in this Agreement as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and Company’s right to appeal the court’s decision. All other claims will be arbitrated.
Notwithstanding any contrary provision in the FAA or the applicable AAA rules, all issues in a Dispute are for the arbitrator to decide.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable) (“AAA Rules”), as modified by this Agreement to Arbitrate. The rules promulgated by the AAA concerning class arbitration shall not apply. The AAA Rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to Company at the Notice address below. You acknowledge that you have access to the AAA Rules and consent to them and that you can obtain a printed copy of the AAA Rules from Company or AAA. In the event of any conflict between the AAA Rules and this Agreement to Arbitrate, this Agreement to Arbitrate shall control and the arbitrator is bound by the terms of this Agreement to Arbitrate.
A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute that identifies your name, contact information, a description of the dispute, and your requested relief (“Notice”). The Notice to Company should be sent to Auction Mobility, attn. President, 192 South St., Suite 600, Boston, Massachusetts 02111, United States. Company will send any Notice to you to the physical address we have on file associated with your Company account, with a copy to your email address on file; it is your responsibility to keep your physical address and email address up to date.
If you and Company are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Company may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to Company at Auction Mobility, attn. President, 192 South St., Suite 600, Boston, Massachusetts 02111, United States. If Company initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your Company account, with a copy to your email address on file. Any settlement offer made by you or Company shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in Boston, Massachusetts, United States.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Company user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
The arbitrator shall have the authority to compel adequate discovery for the resolution of the Dispute and to award such relief as would otherwise be permitted by law; provided, however, that in no event shall the right to discovery granted to the parties exceed 25 interrogatories, 35 documents requests, 10 third-party subpoenas, and three depositions (of not more than seven hours each), including third-party depositions, per side. The parties may submit such pre-arbitration and post-arbitration briefs (including briefs during arbitration) as they choose, provided that no party shall submit briefing exceeding a reasonable page limitation to be set by the arbitrator. If any party submits a motion, the arbitrator shall consider the motion and either deny it or request opposition briefing by the non-moving party, which shall not be required until requested by the arbitrator. The arbitrator may not grant a motion without allowing the opposing party an opportunity to oppose. The total length of the arbitration hearings on the merits shall not exceed 25 hours of hearing time, to be divided equally between the opposing sides. All discovery shall be completed no later than one hundred 120 days after appointment of the arbitrator. The hearing shall be concluded no later than 180 days after appointment of the arbitrator, unless the arbitrator’s schedule requires a later hearing. The arbitrator may only extend these limits at the request of a party when the arbitrator finds exceptional cause for the extension. The parties may extend these limits upon their agreement.
Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate.
With the exception of any of the provisions in Section 1 above (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
Your Opt-Out Notice must include your name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with the Company account(s) to which the opt-out applies. You must sign and date the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with Company.
This Agreement to Arbitrate shall survive termination of this Agreement.
Judicial Forum for Legal Disputes
Unless you and Company agree otherwise, if the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Company must be resolved exclusively by a state or federal court located in Boston, Massachusetts, United States. You and Company agree to submit to the personal jurisdiction of the courts located within Boston, Massachusetts, United States for the purpose of litigating all such claims or disputes.