Terms & Conditions

Auction Logistix provides payment services (the "Services") for its e-commerce partners. Your use of the Services is subject to the following terms and conditions of use, and your use of the Services constitutes your agreement to these terms and conditions. Auction Logistix may amend or supplement these terms and conditions at any time by posting the revised terms and conditions to this same URL or by delivering an electronic copy to you. Your subsequent use of the Services after any revisions have been posted or delivered to you constitutes your agreement to the revised terms.

1. TERMS OF SALE - I represent and warrant that I have read, understand, and agree to all of the terms and conditions applicable to the eBay auction for the item I am bidding to purchase. These include any applicable terms of sale, warranty terms, statements of the condition of the item I am purchasing, and the seller's return policies, all of which are contained or referenced in the auction listing for the item I am bidding to purchase.
2. RETURNS OR REFUNDS. - If my eBay auction purchase is eligible for a return or a refund, I shall follow the return or refund policies listed in the applicable auction. Shipping charges are never refundable. You are solely responsible for shipping charges on any returns.
3. PROOF OF DELIVERY - If my item is shipped via Federal Express. I must sign for the delivery unless I have placed a Signature Release Waiver on file with Federal Express, in which case the Signature Release Waiver constitutes indisputable proof of delivery of the item I have purchased. Any order that is approved and received by our shipping warehouse before the cutoff time (currently 8:00 AM CST) will be shipped that business day; all orders approved and received after the cutoff time will be shipped the following business day.
4. PAYEE NAME ON CREDIT CARD STATEMENT - I understand that, because Auction Logistix is processing payments for multiple eBay sellers, any purchases I make using the Services will be listed on my credit card statement under "Auction Logistix" as the payee, and not under the name of the eBay seller.
5. COPYRIGHTS AND TRADEMARKS. - The copyright in all material provided in connection with the Services is held by Auction Logistix or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Auction Logistix or the copyright owner. Permission is granted to display, copy, distribute and download the Auction Logistix materials for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without Auction Logistix's permission, "mirror" any material contained on its site on any other server. Any unauthorized use of any material contained on the Auction Logistix site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
6. DISCLAIMER OF WARRANTIES. AUCTION LOGISTIX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, OR THE PERFORMANCE OR RESULTS OF USE THEREOF. AUCTION LOGISTIX HEREBY DISCLAIMS, AND MAKES NO, IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF FITNESS FOR ANY PARTICULAR PURPOSE OR ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
7. DISCLAIMER OF DAMAGES.AUCTION LOGISTIX SHALL HAVE NO LIABILITY WITH RESPECT TO THE SERVICES OR OTHERWISE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE, EVEN IF AUCTION LOGISTIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH 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.
8. LIMITATION OF LIABILITY. AUCTION LOGISTIX' TOTAL LIABILITY TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS, SHALL BE LIMITED TO A FULL REFUND OF ANY FEE PAID BY YOU FOR THE SERVICES. 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.
9. SEVERABILITY. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of this Agreement will remain in full force, and the invalid, illegal, or unenforceable provisions are hereby deemed amended to the minimum extent necessary to render them valid, legal, and enforceable, as determined by a court of competent jurisdiction.
10. ENTIRE AGREEMENT. This Agreement constitutes the final agreement between the parties. It is the complete and exclusive expression of the parties' agreement on the matters contained in this Agreement. All prior and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement. The provisions of this Agreement cannot be explained, supplemented or qualified through evidence of trade usage or a prior course of dealings. In entering into this Agreement, neither party has relied upon any statement, representation, warranty or agreement of any other party except for those expressly contained in this Agreement.
11. GOVERNING LAW, JURISDICTION AND VENUE. The laws of the State of Tennessee (without giving effect to its conflict of laws principles) govern all matters arising out of or relating to this Agreement and the transactions it contemplates, including, without limitation, its interpretation, construction, performance, and enforcement. Except as set forth below concerning arbitration, any claims or actions regarding or arising out of this Agreement shall be brought exclusively in a court of competent jurisdiction sitting in Nashville, Tennessee, and each party to this Agreement submits to the nonexclusive jurisdiction of such courts for the purposes of all legal actions and proceedings arising out of or relating to this Agreement. Each party waives, to the fullest extent permitted by law, any objection that it may now or later have to (i) the laying of venue of any legal action or proceeding arising out of or relating to this Agreement brought in any state or federal court sitting in Nashville, Tennessee; and (ii) any claim that any action or proceeding brought in any such court has been brought in an inconvenient forum.
12. DISPUTE RESOLUTION. Any controversy or claim arising out of or relating to this Agreement, or any breach thereof, must be settled by confidential binding arbitration in Nashville, Tennessee in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Either party may, without inconsistency with this agreement to arbitrate, seek from a court any provisional remedy that may be necessary to protect trademarks, copyrights, or other rights or property pending the establishment of the arbitral tribunal or its determination of the merits of the controversy.
13. RECOVERY OF LITIGATION COSTS. If any legal action or other proceeding is brought pursuant to or in connection with these terms or any transaction involving you and Auction Logistix, then, if Auction Logistix is the prevailing party, it is entitled to recover from you its reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.