Site Terms and Conditions

Auction Surplus Tucson Terms & Conditions

Please read and understand the terms of this auction before you bid. Auction Surplus Tucson (AST) is a secondary marketplace and it is not the right fit for everyone. There are amazing deals here, but there is also risk.  Items may be overstocks or returns, new or used, perfect or broken.  We share what we know about each item in pictures, titles and descriptions, but we do not always know, do not test most items and do not accept returns or exchanges or offer refunds. Effective bidders get great deals and many make great money reselling what they buy here, but it takes time to become an effective bidder.  PLEASE, bid with care.

All items are sold AS-IS unless otherwise marked in the item description. Bid with care. Most items are fine, but it is always better to be safe than sorry.  If you have not previewed an item (physically inspected it in person), or no preview is available, and must make an assumption about that item before bidding, assume it is broken unless the description states otherwise. Our evaluation may differ from yours.

YOU MUST READ THESE AUCTION SURPLUS TUCSON (AST) TERMS AND CONDITIONS (“TERMS”) CAREFULLY. AUCTION SURPLUS TUCSON (AST) PROVIDES THIS WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS AND CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY “YOU”), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN AST AND YOU, AND YOU ACCEPT THEM BY: (a) PLACING A BID, AN ORDER OR MAKING A LISTING THROUGH THIS WEBSITE; (b) USING THE WEBSITE IN ANY OTHER MANNER; AND/OR (c) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE. IN CONSIDERATION OF YOUR USE OF THE SERVICE, YOU REPRESENT THAT YOU ARE NOT A MINOR IN ANY JURISDICTION, YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT AND ARE NOT A PERSON BARRED FROM RECEIVING SERVICES UNDER THE LAWS OF THE UNITED STATES OR OTHER APPLICABLE JURISDICTION. YOU HEREBY REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPT THE TERMS AND CONDITIONS OF THIS USER AGREEMENT AND ALL AGREEMENTS INCORPORATED BY REFERENCE.

YOU CONFIRM THAT YOU HAVE CAREFULLY READ THESE TERMS AND FULLY UNDERSTAND THEIR CONTENTS. YOU FURTHER CONFIRM THAT YOU ARE AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN YOU AND AST. YOU ENTER INTO IT OF YOUR OWN FREE WILL.

These terms may be updated by us from time to time without notice to you. You can review the most current version of the terms at any time at www.auctionsurplustucson.com. This agreement was last revised on August 6, 2018. If You have any questions regarding this agreement, please contact info@auctionsurplustucson.com

Winning bidders will have the credit card on file charged automatically once an auction closes. There is a $1.00 pre-authorization fee placed on your credit card on file once you place a bid - this will last the length of the auction and up to three business days following the close of the auction. 

 All items must be picked up at listed auction location within the time frame listed in the "catalog description" and "terms and conditions" for each auction. Items not picked up within the time frame listed are forfeited and will be resold. We will charge a 15% relisting fee to the card on file if your items are not picked up. 

We charge 6.1% sales tax on each item sold (Arizona and Pima County Sales Tax). No City of Tucson sales tax.

There is a 13% Buyers Premium charge on each item sold.

Although we do our best, occasionally technology fails. Not everything is within our control. We will do our best, but if something happens while bidding (i.e. your internet goes down or your computer self-destructs), the auction will continue.

 IN CONSIDERATION OF YOUR USE OF THIS WEBSITE YOU AGREE TO THE FOLLOWING TERMS: Provide accurate, current, and complete information about you as may be prompted by a registration form on the website (the “registration data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the registration data, and any information you provide to AST, to keep it accurate, current, and complete; and (d) accept all risks of unauthorized access to information and registration data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the website; (e) notify AST immediately of any unauthorized use of your username and password or any other breach of security regarding the services; (f) allow AST to send notifications to your registration email address notifying you about auctions that are similar to ones on which you have already bid.

AST cannot and will not be held liable for any loss or damage arising from your failure to comply with this section.

Information about auction items is posted by AST on behalf of sellers. Users may find item information to be inaccurate or lacking in detail. AST makes no representations or warranties with respect to such information or auction Items, all of which are provided “as-is”. We strongly advise that you make use of any available inspection period to personally inspect items so that you can make the best bidding and buying decision possible. Please use caution and common sense when using the website. AST does its best to provide truthful pictures and descriptions of auction items, but all items are sold “as-is” and no refunds will be given. AST strongly suggests in person inspection of items before any auction. AST may be a seller.

The auction period shall be determined by AST and will end at a time to be determined by AST, at its sole discretion.

You acknowledge and agree that once a bid has been submitted on your behalf, you may not retract the bid. In addition, sale price manipulation of any kind, directly or indirectly, by users is prohibited, including but not limited to, bidding through a secondary account, agent, or assigns on auction items that you are selling, by communicating with other users, or by shill bidding.

If you are the highest bidder (“buyer”) at the end of an auction and have met the reserve bid, if there is a reserve bid, then you are obligated to complete the transaction unless the transaction is prohibited by law or by this agreement. Bidders agree that bidding on the website is the legal equivalent of a firm purchase order.

AST reserves the right to reject or void bids, whether winning or not, which it believes have not been made in good faith, are intended to manipulate the auction process, or are prohibited by applicable law.

AST is the one and only judge for the determination of winning bids, but AST shall not be liable for any errors or omissions relating to such determination, whether by AST or some other person.

AST reserves the right to postpone or cancel any auction, or any sale resulting therefrom, at its own discretion, without notice. AST will have no liability to prospective bidders or sellers as a result of any withdrawal, cancellation, or postponement of auctions or sales.

User acknowledges and agrees that auction items may be withdrawn or sold prior to or after the end of the designated auction period, that the auction may be discontinued, either temporarily or permanently, and that the auction may, at AST’s sole discretion, be extended beyond the designated auction period, all without notice to user. Generally, auction items shall be sold to the highest bidder; provided, however, that some items may be auctioned with minimum reserve prices; and/or subject to seller’s right of confirmation.

Auction items shall be and remain at the risk of the seller until the item is removed from the posted auction location by the buyer or the buyer’s designated transportation provider. The item shall be and remain at the risk of the buyer and/or the buyer’s designated transportation provider (and not AST) while in transport. The item shall be and remain at the risk of the buyer once delivered to the designated location.

All bids and offers must be net of any taxes imposed with respect to the sale or purchase transaction. Buyers are liable for all such taxes or for establishing to AST’s satisfaction on behalf of the seller a valid exemption certificate from such taxes. Buyers and sellers acknowledge and agree that AST is providing a service in the calculation, reporting, and remittance of sales or use taxes which may be assessed, due, or owing to the taxing authorities of any taxing jurisdiction for transactions that arise in connection with your use of the service. Each buyer shall indemnify AST against any tax, cost, or expense relating to the failure of the buyer to satisfy any sales or use tax liability related to a transaction. Each seller shall indemnify AST against any tax, cost, or expense relating to the failure of the seller to satisfy any sales or use tax liability related to a transaction within their jurisdiction.

AST may, at its discretion, charge a buyer’s premium and/or processing fee on auction items sold. The buyer’s premium and/or processing fee is an additional service charge, for which the buyer is responsible. It is a fixed percentage of the final selling price. If an auction includes a buyer’s premium and/or processing fee, it will be clearly indicated in the auction-specific terms, and on item detail pages. All fees, including buyer’s premiums, must be paid prior to releasing any auction items for pick-up and transport. The standard AST buyer’s premium is 13.00%. However, each auction will state the required buyer’s premium. AST reserves the right to waive or change the buyer’s premium at any time at its sole discretion.

The payment period for all auctions shall be determined by AST and will be posted in the auction-specific terms and on item detail pages. Full payment from the winning bidder in the amount of the auction closing price, applicable buyer’s premiums, and sales tax must be posted to a secure payment account designated by AST within the posted payment period. Buyers must pay for their items online with a valid credit card or make arrangements with AST prior to bidding at each auction. Without limiting the foregoing, full payment is due prior to the removal or transportation of purchased items.

If, after the payment period has ended, the buyer does not make full payment in accordance with the terms set forth above, the buyer is considered in default and their auction item(s) will be re-listed in an online auction and a 15% re-listing fee (which you agree is a reasonable estimate of the minimum damages incurred by AST as a result of your failure) will be charged to their account. The re-listing fee is based up on the original selling price of the auction item. By registering a valid credit card with AST, the buyer authorizes AST to charge applicable re-listing fees to the credit card.

The removal period for auction items shall be determined by AST and will be posted in the auction-specific terms and on item detail pages. Buyer may remove auction items from the seller’s location once the total purchase price (and any applicable sales tax and the transaction fee) has been received and posted to a secure payment account designated by AST. Buyers are responsible for loading and shipping auction items unless otherwise noted. AST shall have no responsibility with respect to disconnecting utilities to auction items, including electric, gas, waste, and water lines. It is the buyer’s responsibility to arrange and pay for the insurance, removal, and shipment of purchased items. Item removal shall be conducted responsibly and with due care for the seller’s premises. The buyer shall restore and repair all real and personal property that is altered or damaged as a result of the removal of purchased items. In some cases the buyer may be required to provide a deposit before removal but that deposit will be refunded immediately upon completion of removal and approval of the property owner or manager. If the buyer does not remove an item within the designated removal period, the buyer will be deemed to have abandoned the item and the buyer will have no further rights with respect to the Item. No claims of nay kind shall be allowed after item has been removed by the buyer. All auction items are sold “as-is, where-is”.

DISCLAIMER OF WARRANTIES: THE SERVICES AND THE WEBSITE, INCLUDING ALL PROPERTY LISTED FOR SALE, CONTENT, FUNCTIONS, MATERIALS, SERVICES, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES OR THE WEBSITE, ARE PROVIDED ON AN “AS IS”, “WHERE IS”, “AS AVAILABLE” BASIS “WITH ALL FAULTS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRIGEMENT, MERCHANTABLILITY OR FITNESS FOR A PARTICULAR PURPOSE. AST DOES NOT WARRANT THE COMPLIANCE OF PROPERTY WITH ENVIRONMENTAL LAWS OR OTHER LEGAL REQUIREMENTS OR THE PRESENCE OF HAZARDOUS MATERIALS OR LACK THEREOF.  AST DOES NOT WARRANT THAT THE SERVICES OR THE FUNCTIONS, FEATURES, OR CONTENT CONTAINED, MADE AVAILABE ON OR ACCESSED THROUGH SERVICES OR THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY THIRD-PARTY SOFTWARE, PRODUCTS, OR OTHER MATERIALS USED IN CONNECTION WITH THE SERVICES OR THE WEBSITE, WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT EFECTS WILL BE CORRECTED. AST MAKES NO WARRANTY THAT THE WEBSITE OR THE SERVICES WILL MEETS USERS’ REQUIREMENTS, AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES THAT ANY PROPERTY FOR SALE THROUGH THE SERVICES OR THE WEBSITE WILL BE SOLD. IF USER IS DISSATISFIED WITH THE SERVICES OR THE WEBSITE, USER’S SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES AND THE WEBSITE. AST MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO THOUGH THE SERVICES OF THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM AST OR THROUGH THE SERVICES OR THE WEBSITE SHALL CREATE ANY WARRANTY. AST EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER. 

IN NO EVENT SHALL AST NOR SELLERS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM (A) ANY INJURY TO ANY PERSON OR PROPERTY CAUSED BY THE EQUIPMENT OR (B) DEFECTS IN SUCH EQUIPMENT ON ANY THEORY OF LIABILITY INCLUDING WITHOUT LIMITATION PRODUCT LIABILITY EXCEPT ONLY IN THE CASE OF PERSONAL INJURY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. IN ADDITION, IN NO EVENT SHALL AST OR SELLER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO  USE OF, OR THE INABILITY TO USE, THE SERVICE, THE SITE, OR ITS CONTENT, INCLUDING WITHOUT LIMITATION THE INSPECTION REPORT AND MATERIALS AND FUNCTION RELATED THERETO, INCLUDING WITHOUT LIMITATION, LOSS OR REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF AST OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF AST TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE PRODUCT LIABILITY, OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE WEBSITE AND THE SERVICE, EXCEED IN THE AGGREGATE, $100.00. THE FOREGOING LIMITATION SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

AST may, at any time, delete, modify, or supplement the content of this website without prior notice. AST reserves the right, for any reason, at its sole discretion, to terminate, change, suspend, or discontinue any aspect of the website or the service, including, but not limited to, content, features, or hours of availability. AST may also impose limits on certain features of the services or restrict your access to part or all of the website or the services without notice or penalty.

You agree that AST has the right, but not the obligation, to monitor at any time, for any reason, at its sole discretion, all material and content on the website and the services. AST reserves the right at all times to edit, disclose, or refuse to post any materials or information or request for removal of any materials or information from the website.

You agree that you will not use any automatic device or manual process to monitor or copy AST webpages or the content contained herein. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website.

AST makes reasonable commercial efforts to make sure its services and website are available at all times. However, AST is not responsible for any service interruptions, including but not limited to, interruptions that may affect the receipt, processing, and acceptance of bids or other aspects of an auction or sale.

This agreement, and all questions with respect to the interpretation of this agreement, shall be governed by and construed in accordance with the internal laws of the State of Arizona, without regard for conflict of laws provisions. Consistent with the dispute resolution section below, user expressly consents to personal and exclusive jurisdiction in the courts of the State of Arizona located in Pima County. The laws of the State of Arizona shall govern this Agreement.

YOU AGREE TO MEDIATE AND ARBITRATE ANY DISPUTE OR CLAIM BETWEEN OR AMONG YOU AND ANY OTHER REGISTERED USER OR AST ARISING OUT OF OR RELATING TO THESE TERMS, AGREEMENTS, ANY SALE OF EQUIPMENT, ANY INSPECTION REPORT OR ANY OTHER TRANSACTION CONTEMPLATED BY THESE TERMS INCLUDING, BUT NOT LIMITED TO, ALL CONTRACT AND TORT CLAIMS, STATUTORY CLAIMS, CLAIMS FOR RELIEF WHETHER EQUITABLE OR LEGAL, ISSUES OF ARBITRABILITY, AND DISPUTES ABOUT THE SCOPE OF THIS CLAUSE. DISPUTE RESOLUTION SHALL BE CONDUCTED PURSUANT TO THE FOLLOWING PROCEDURES: BEFORE INITIATING ANY ARBITRATION, THE PARTIES SHALL ENGAGE IN MEDIATION, WHICH IS A PROCESS IN WHICH PARTIES ATTEMPT TO CONFIDENTIALLY RESOLVE ANY DISPUTE BY SUBMITTING IT TO AN IMPARTIAL, NEUTRAL MEDIATOR WHO IS AUTHORIZED TO FACILITATE THE RESOLUTION OF THE DISPUTE BUT WHO IS NOT EMPOWERED TO IMPOSE A SETTLEMENT. MEDIATION SHALL BE CONDUCTED IN TUCSON, ARIZONA, BY A MEDIATOR AFFILITATED WITH THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNLESS THE PARTIES MUTUALLY AGREE TO A DIFFERENT MEDIATOR. SHOULD MEDIATION PROVE UNSUCCESSFUL TO RESOLVE THE DISPUTE, AND WITHIN ONE YEAR OF THE DISPUTE ARISING, A PARTY SHALL MAKE A DEMAND FOR BINDING ARBITRATION TO BE CONDUCTED IN ACCORDANCE WITH THE RULES OF COMMERCIAL ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION. A SINGLE ARBITRATOR WITH KNOWLEDGE OF THE AUCTION INDUSTRY SHALL CONDUCT THE ARBITRATION IN TUCSON, ARIZONA. THE PARTIES SHALL MUTUALLY AGREE UPON SUCH ARBITRATOR. IN THE EVENT THAT THE PARTIES HAVE NOT AGREED TO A MUTUALLY ACCEPTABLE ARBITRATOR WITHIN THRITY (30) DAYS OF THE DATE OF THE NOTICE OF INTENTION TO ARBITRATE, THE AAA SHALL SELECT THE ARBITRATOR FROM ITS REGULARLY MAINTAINED LIST OF COMMERCIAL ARBITRATORS. THE ARBITRATOR SHALL BE BOUND TO APPLY THE LAW, INCLUDING THE FEDERAL RULES OF EVIDENCE AND THE FEDERAL RULES OF CIVIL PROCEDURE, AND SHALL BE EMPOWERED TO HEAR AND DETERMINE DISPOSITIVE MOTIONS INCLUDING MOTIONS TO DISMISS AND MOTIONS FOR SUMMARY JUDGMENT. THE PARTIES SHALL HAVE THE RIGHT TO CONDUCT TWO DEPOSITIONS OF EACH OPPOSING PARTY. THE HEARING SHALL NOT EXCEED TEN HOURS FOR EACH PARTY. THE ARBITRATOR SHALL HAVE THE RIGHT TO ISSUE INJUNCTIONS AND ATACHMENTS AND OTHER EQUITABLE REMEDIES AND AWARD COMPENSATORY DAMAGES. THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CONSEQUENTIAL, PUNITIVE, OR TREBLE DAMAGES, OR ANY OTHER MANNER OF ENHANCED DAMAGES. THE PREVAILING PARTY IN ANY ARBITRATION SHALL HAVE THE RIGHT TO AN AWARD OF ATTORNEYS’ FEES AND COSTS. THE AWARD OF THE ARBITRATOR SHALL BE FINAL AND BINDING AND ANY PARTY TO THE DISPUTE MAY SEEK TO CONFIRM THE AWARD OF THE ARBITRATOR IN ANY STATE OR FEDERAL COURT OF COMPETENT JURISDICTION IN TUCSON, ARIZONA AND ENFORCE THE AWARD AS A JUDGMENT, EXCEPT FOR THE FILING OF A JUDICIAL ACTION TO CONFIRM, MODIFY, VACATE, REINFORCE AN ARBITRATOR’S AWARD, INCLUDING THE AWARD OF AN INJUNCTION OR ATTACHMENT, WHICH FILING IS PERMISSIBLE. ANY PARTY WHO INITIATES LITIGATION, OR WHO INITIATES ARBITRATION WITHOUT FIRST MEDIATING A DISPUTE, SHALL FORFEIT ANY AND ALL RIGHT TO ATTORNEYS’ FEES AND COSTS AS A PREVAILING PARTY, AND SHALL REIMBURSE ANY OTHER PARTY TO THE LITIGATION FOR THEIR COSTS OF LITIGATION INCLUDING ATTORNEYS’ FEES AND COSTS.

To be valid, notices must be sent through the contact page and by certified mail, return requested, to AST; Attention Legal Department; 3600 S. Palo Verde Rd, Suite 110; Tucson, AZ 85713 or to such other address as may be designated from time to time.

Notices to user will be sent by email at the email address reflected in user’s registration information. Notices to user shall be deemed to have been received 24 hours after the email is sent. Notices to AST shall be deemed to have been given three days after the date of mailing by certified mail, return receipt requested.

This Agreement constitutes a legally binding agreement between you and AST until terminated by you or AST, which AST may do at any time, without notice, at our sole discretion. If you become dissatisfied with the service, or the website, in any way, your only recourse is to immediately discontinue use of the service.

The trademarks, trade names, and all material contained on this website, including all portions of the website, content, website design, text, graphics, and all intellectual property right thereto are the sole and exclusive property of AST or its licensors. The use of any such property for any other reason, on any other website, or the modification, distribution, or republication of this material without the prior written permission from AST is strictly prohibited.

If any provision of this agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of this agreement, and the remainder of this agreement shall continue in full force and effect. The failure by either you or AST to exercise or enforce any rights or provision of this agreement shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the service or this agreement must commence within three (3) months after the cause of action arose; otherwise, such cause of action is permanently barred. This agreement comprises the entire agreement between you and AST and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions in this agreement regarding representations and warranties, indemnification, disclaimers, and limitations on liability shall survive any termination of this agreement.

Materials and services derived or obtained from this website may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, reexport, or import authorizations required by U.S. or your local laws; (b) not use materials or services to design, develop, or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide materials or services to prohibited countries and entities identified in the U.S. export regulations. By accepting these terms you confirm that you are not a resident or citizen of any country currently embargoed by the U.S. A list of embargoed countries is available at the official website of the Office of Foreign Assets Control of the U.S. Department of the Treasury at: www.treas.gov/ofac.

All select products and services are commercial in nature. Therefore, the software and materials available on this site are “commercial items” as defined at 48 C.F.R. SS2.101, consisting of “commercial computer software” and “commercial computer software documentation”. Consistent with 48 C.F.R. SS12.212 or 48 C.F.R. SS227.7202-1 through 227.7202-4, as applicable the commercial computer software and commercial computer software documentation are licensed to U.S. Government end users (1) only as commercial items and (2) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

These terms set out the entire understanding between AST and customers, users, sellers, and bidders with respect to the use of this website. No other terms, whether expressed or implied, shall apply unless specifically incorporated by reference herein.

The failure of AST to exercise or enforce any right or provision of the terms shall not constitute a waiver of such right or provision. If any provision of the terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the terms remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services or the terms must be filed within three (3) months after such claim or cause of action arose or be forever barred.