533 Lot Comic Book Auction

Auction Terms & Conditions Terms and Conditions of the Auction, Website Use, Bidding, Purchase and Auction Participation.

PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE BIDDING AT AUCTION. BY YOUR BIDDING, USE AND/OR LOGIN TO THE AUCTION YOU INDICATE YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS. JACKSON REAL ESTATE & AUCTION, HEREINAFTER "JREA" IS WILLING TO ALLOW YOU TO VIEW AND CONDUCT BUSINESS ONLY IF YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS THEN WE POLITELY ASK YOU NOT TO BID.

Each auction, including any lots comprising such auction, ("Auction") and each non-auction purchase transaction ("Transaction") is presented by the Auctioneer and JREA, which is a division of JMAR Inc., a corporation in the State of Tennessee.

Access to and the use of the Website and each Auction and Transaction is conducted under these Terms and Conditions, and may be amended from time to time, and by applicable law, without notice to the user. Please check back regularly for changes and amendments. These Terms and Conditions, and all announcements and corrections appearing on the Website, supersede and replace all prior versions. There are no verbal agreements. Any conversations, if applicable, with any auctioneer or salesperson of JREA or JMAR Inc are hereby revoked, and these are the terms and conditions.

1) The Auctions and Transactions are conducted solely on the Internet.

2) Any person accessing or using the Website and any person participating in or registering for any Auction or Transaction ("User" or "You") agrees to be bound by and accepts these Terms and Conditions, as may be amended from time to time.

3) All Users must meet JREA's qualifications to bid or to participate in any Auction or Transaction. Any User who fails to abide by the Terms & Conditions then in effect may be disqualified for failing to meet the terms and conditions at JREA's sole discretion and may not be awarded lots or permitted to close on a Auction, Bid or Transaction. Such determination may be made by JREA at any time prior to, during, or after the close of the Auction or Transaction. JREA reserves the right to exclude any person from any auction and to prohibit any person from accessing or using the Website.

4) If a bid or offer is placed on behalf of any entity, then the person executing the bid or offer on behalf of the entity personally guaranties the payment for any successful bid. Account holders are responsible for keeping their account information confidential. If a bid or offer is made by another party using the account holder's account to place the bid or offer, the account holder will assume responsibility for payment under the terms and conditions set forth herein.

5) All Users must pre-register prior to any Auction or Transaction to allow JREA and / or the hosting site or platform adequate time for the verification of credit cards and other necessary information of the Bidder. When registering you will need to fill out the registration & information section on the internet hosting site or platform and that hosting site or platform may or may not charge your credit card a minimal fee to validate you and the authenticity of the credit card that was presented. The validation fee that is charged is not a fee controlled by JREA. Please read the terms and conditions of the hosting site or platform as their terms and conditions will differ from these terms and conditions.

6) Offer to Purchase. Upon JREA's receipt of your request to bid or participate, you have made an irrevocable offer to buy each item at your buy or bid price and to pay any applicable fees specified in the checkout process or within these terms and conditions if applicable. Once a maximum bid is submitted it becomes irrevocable by the bidder. The fact that any one Auction Lot or Transaction item on which a User has placed a bid or made an offer is not available it shall not relieve a buyer from his obligation to purchase any other items for which User has placed the winning bid or made a binding offer.

7) Execution of Purchases. In the event you are the high bidder at the close of any Auction or your offer in any Transaction is accepted, you agree to purchase that item as follows:

a) For Auction Purchases: JREA will notify you as the winning bidder. JREA will confirm the price of the item including the Buyer's Premium, credit card fees, and any other applicable fees or charges. JREA will generate an invoice total for your order, which will be sent to you via e-mail. JREA must receive the total payment in full prior to any item being released.

b) All Auction Purchases or Transactions are subject to a fifteen percent (15%) Buyer's Premium as well as a three percent (3%) credit card fee which is in addition to the bid / buy price. In its sole discretion, JREA may require payment by the Buyer to be made by certified check or bank wire transfer and such a decision by JREA will not release you from your obligation to pay for the item(s) purchased.

c) Failure to remit timely payment may result in one or more of the following: (i) collections action, (ii) the cancellation of your order and/or voiding the sale, (iii) cancellation of your JREA buyer/bidder account, (iv) your buy orders and bids may not be processed in the future. In addition, if you fail to pay any amounts due in full, JREA reserves the right, and you hereby authorize JREA, to sell any item(s) you've agreed to purchase to any underbidders, if sold in an Auction, or at subsequent private or public sale, or relist the lot(s) in a future Auction or Transaction conducted by JREA. A defaulting Buyer agrees to pay for the reasonable costs of resale (including a 20% seller's commission). The defaulting buyer is liable to pay any difference between his total purchase price(s) for the lot(s) plus any applicable interest and late fees, and the proceeds for the lot(s) if resold less the 20% seller's commissions. If you fail to pay any amounts due in full, JREA reserves the right, and you hereby authorize JREA, to sell any of your property in JREA's possession and to apply the proceeds of any such sale to your outstanding balance, less a 20% seller's commission. JREA also reserves the right to charge a minimum 1.5% interest or the maximum allowable by law, per month on the balance owed, with interest accrued from the invoice if payments are not received when due. In cases of nonpayment, JREA's election to void a sale does not relieve the buyer from their obligation to pay JREA its fees (seller's and buyer's premium) on the lot and any other damages pertaining to the lot.

d) IF the Buyer fails to make timely arrangements for shipping, JREA may elect to charge storage fees. If storage becomes too burdensome, in JREA's sole discretion, then JREA may resell the property and said Buyer will forfeit any moneys paid.

8) JREA reserves the right to refuse to honor any bid or to limit the amount of any bid, in its sole discretion. A bid is considered not made in "Good Faith" when made by an insolvent or irresponsible person, a person under the age of eighteen, or is not supported by satisfactory credit, or for other reasonable grounds. Sellers CANNOT place a false bid on a consigned item and if discovered by JREA said Seller will be band from the auction site.

9) JREA reserves the right to withdraw, pass or remove any item or lot prior to the close of the bidding or the fall of the hammer if information is learned by JREA, the Sellers, Consignors, Buyers or Bidders that such item or lot may harm or disrupt the bidding process or by claims made by others as to the integrity or validity of the items. This will be done to protect the ethics and honesty of the online auction process. Sales for which there is no minimum sale price will be stated as being as "no reserve" or "absolute" auction.

10) JREA reserves the right to rescind the sale in the event of nonpayment, breach of a warranty, disputed ownership, JREA's clerical error or omission in exercising bids and reserves, or for any other reason in JREA's sole discretion. In cases of nonpayment, JREA's election to void a sale does not relieve the User from their obligation to pay JREA its fees (seller's and buyer's premium) and any other damages or expenses pertaining to the lot.

11) JREA and or the Bidders may occasionally experience Internet and/or Server service outages, or other interruptions to the online bidding process during which Users bid cannot be placed or are delayed. In any such case as we deem appropriate, in our sole discretion, we may extend, reopen or cancel bidding for any Auction. If an Auction is reopened, any purchase or winning bid confirmation may be voided by JREA in the exercise of its discretion. Users agree that such extension of time to place bids or reopening of any Auction constitutes the sole and full remedy and waives any other claim or right to damages or remedy that Users may have, and Users also waive any claims arising from such reopening or extension of time. Users unable to place their bids through the Internet are directed to contact JREA immediately.

12) All sales are in United States currency. All deliveries are subject to good funds; funds being received in JREA's account before delivery of the Purchases; and all payments are subject to a clearing period.

13) Lots are subject to all applicable state and local taxes, unless properly completed resale certificates are on file with JREA. User agrees to pay JREA the actual amount of tax due in the event that sales tax is not properly collected. The appropriate sales tax exemption form or certificate must be on file at and verified by JREA five (5) days prior to the close of an auction or tax must be paid.

14) In the event that a User's payment is dishonored User shall pay a penalty being the maximum allowable under applicable state law.

15) If JREA refers any invoice to an attorney for collection, the buyer agrees to pay attorney's fees, court costs, and other collection costs incurred by JREA.

16) Title to any item shall not pass to the buyer until all invoices for all lots purchased by buyer are paid in full.

17) JREA will not ship your item. All items must be picked up at 862 Highway 92 South, Dandridge, TN 37725. Auctioneer License # 4561. 1-865-397-4214 Buyers MUST make their own shipping arrangements or pick them up in person. Buyer is liable for the costs of shipping and handling.

Warranties, Disclaimers and Limitation of Liabilities:

18) NO RETURN POLICY AND ALL SALES FINAL. No items sold by JREA are returnable or refundable for any reason. All items are SOLD "AS IS, WHERE IS and WITH ALL FAULTS". All Sales are Final, NO Refunds! Purchasing, Bidding and Participation in the Auction process is acceptance of the item's condition: "AS IS, WHERE IS, WITH ALL FAULTS." By bidding Buyers and Participants are acknowledging that they have measured, inspected and completed their due diligence to their personal satisfaction. The information has been obtained from sources deemed reliable, however the auctioneer makes no warranty or guarantee, express or implied of any kind. It is for this reason that buyers should make inspections prior to the sale.

19) NO WARRANTY OR REPRESENTATION, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT TO ANY DESCRIPTION CONTAINED IN THIS AUCTION, ANY ITEM SOLD TO YOU, OR ANY SERVICE PROVIDED BY JREA, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. JREA undertakes no responsibility for the quality of any item except as otherwise provided in this agreement. JREA assumes no responsibility that any item will be fit for any particular purpose for which you may be buying such item, except as otherwise provided in this agreement. JREA makes no representation or warranty to you whatsoever concerning the value, prospective value, salability, condition or authenticity of any item. You, and only you, are responsible to satisfy yourself in this regard. JREA is selling only such right or title to the items being sold as JREA may have by virtue of consignment agreements on the date of auction and expressly disclaims any warranty of title to the Property. Any description of the items contained in any Auction or sale is for the sole purpose of identifying the items, and no description of items has been made part of the basis of the bargain or has created any express warranty that the goods would conform to any description made by JREA. Color variations can be expected in any electronic or printed imaging and are not grounds for the return of any lot.

20) All images, descriptions, sales data, and archival records are the exclusive property of JREA, and may be used by JREA for advertising, promotion, archival records, and any other uses deemed appropriate.

21) Limitations Of Liability. For this online auction, JREA is only providing you with a service. JREA is not your agent or representative. In no event shall JREA be responsible or liable to you for any loss of, or damage to, items while in transit either to JREA or to you, it being understood that in any such event your sole recourse shall be to pursue your rights and remedies against the carrier or shipper, and any insurance, to the extent available. In no event shall JREA be responsible to you for consequential, incidental, special or indirect damages of any kind, including loss of profits, loss of business opportunity or the like, whether incurred by you or third parties, and even if JREA has been advised of the possibility of such damages. In no event shall JREA's total liability to you exceed the sum of $100, and you agree that liability of JREA will exist and arise only if JREA breaches its contractual obligations to you as a result of acts or omissions constituting gross negligence or willful misconduct on the part of JREA.

22) JREA shall not be liable for any defect of any item or lot bid on during the auction. In the event that JREA cannot deliver the lot, the sole right and remedy shall be limited to the rescission of sale and refund of the amount paid by buyer.

23) Limited Personal Use License; Website Use. JREA's Website is solely and exclusively owned and maintained by JREA, including but not limited to rights, title, interests, trademarks (registered or not), copyrights (registered or not), database rights, rights of authorship, trade secrets, sui generis, and all intellectual property and proprietary rights. JREA is the exclusive owner of all Website content, appearance, organization, and underlying software, code, and stored data, including but not limited to images, descriptions, text, prices realized lists, articles, logos, audio, and video. Your visitation of the Website, or usage of any features therein, does not grant you ownership of any feature or content contained therein. JREA grants you a limited revocable license to access the information, content and data (collectively, "JREA Information"), all of which JREA Information is confidential and proprietary to JREA, which you access on the Website solely for your personal use. You acknowledge that certain aspects of JREA's website and business methods are patented, and you agree not to utilize, copy, replicate, modify, or reverse engineer any patented aspect of the Website. Any resale, modification, distribution, or commercial use of any JREA Information; any collection or use of any product listings, descriptions or prices; any derivative use of the Website or JREA Information; or any use of data mining, robots or similar data gathering or extraction tools or processes is strictly prohibited. THIS PROHIBITION AGAINST NON-PERSONAL OR COMMERCIAL USAGE INCLUDES PRESENT, FUTURE AND PAST JREA INFORMATION or other information derived from JREA Information. You may display and occasionally print a single copy of pages of the Website and use the JREA Information for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on the Website. If you want to distribute or make commercial use of any JREA Information, you must enter into an agreement with us to do so in advance. The license granted pursuant to this paragraph does not include anyone receiving, procuring, or otherwise possessing JREA Information transferred or disclosed from a third-party source who either directly unlawfully acquired the JREA Information or who indirectly acquired the JREA Information without express permission from JREA. Such third-party transferors/disclosers as well as the transferees/receivers of JREA Information shall be deemed to be in breach of the Terms and Conditions set forth herein and will be subject to legal action by JREA for such breaches even though they are not users of the Website. Trademarks, service marks, and logos (collectively the "Trademarks") appearing on the Website are the property of their owners and may not be used unless authorized in writing by the owner. The limited personal use license granted hereby does not grant any license or right to use any Trademark appearing on the Website. JREA disclaims all warranties regarding accuracy, usefulness, availability, merchantability, fitness, or security for any purpose. JREA assumes no liability for any damages that may arise from the transmission of viruses. JREA does not warrant that Website or any features will be available, timely, correct, secure, or that Website will meet your requirements at any particular time for any particular purpose. Your sole remedy to any claim is to cease using the Website and all other claims for damages, remedies or injunctive or other relief are waived. JREA reserves the right to make changes and corrections to any of the content or programs available at the Website, at any time, without notification. JREA reserves the right to terminate any section or service at its discretion without notice, or to terminate your right to access or use Website without notice or explanation. The Website may include images or other representations or depictions of nudity or other images that may not be suitable for minors. You agree to limit your access, and that of minors who use your computer, to the Website as appropriate

24) By accessing the Website, you agree not to:

a) attempt to gain unauthorized access to any programs, code, systems, or data through any means, on any server or database used on the Website;

b) impersonate any person or legal entity, or create a fictitious person or entity, or misrepresent your association with any person or entity;

c) engage in any collection of data, through such practices as "screen scraping," "database scraping," "robot," "spider" or other automatic means;

d) attempt to gain unauthorized access to catalog information and descriptions, images, email addresses, or contact information of any kind;

e) use the Website or its contents or code in violation of our intellectual property or proprietary rights;

f) make any attempt, or support any attempt, to reverse engineer, decompile, disassemble, or in any manner attempt to ascertain any code supporting the Website and its services;

g) attempt to insert any content, materials, advertising, or business content into this Website, on behalf of yourself or any other party, or to copy any aspect of this Website's content, services, descriptions, images, or code into any other Website for commercial or malicious purposes, or to distribute any such content for commercial gain;

h) attempt to gain unauthorized access to this Website or network, or any other website or computer network through this Website;

i) remove, or attempt to remove any "watermark" on any image which demonstrates the source of the image;

j) disparage or otherwise cast JREA, its employees, officers, agents or representatives in a negative light; and

k) attempt any actions whatsoever that could serve to overburden, interrupt, slow, alter, damage, or disable the Website, or impair in any manner the Website's ability to deliver its services and content, including but not limited to such malicious practices as sending mass messages or "flooding" systems and servers with requests, data, or similar communications.

25) If you violate any part of these Terms and Conditions, JREA may immediately revoke permission for you to use the Website, and you must hereby agree to immediately destroy any copies you have made of any and all content.

26) Release: In consideration of participation in any Auction or Transaction, User expressly releases JREA, its officers, directors and employees and its affiliates from any and all claims, causes of action, whether at law or equity, or any arbitration or mediation rights existing under the rules of any professional society or affiliation based upon the assigned description, or a derivative theory, breach of warranty, whether express or implied, representation or other matter set forth within these Terms and Conditions or otherwise. In the event of a claim, User agrees that such rights and privileges are to be strictly construed as specifically declared herein and are the exclusive remedy. User, by non-compliance with these express terms of a granted remedy, shall waive any claim against JREA.

27) Irreparable Harm: You agree that a breach of any of the covenants or terms contained herein would cause JREA to suffer loss which could not be adequately compensated for by damages and that, in addition to claiming damages in respect of any breach hereof, JREA shall be entitled as a matter of right to seek an injunction and such right shall be cumulative and in addition to any other remedies which may be available to JREA as a result of such breach. In such instances the breaching party shall pay JREA's attorneys fees.

28) Dispute Resolution: Dispute Resolution: Any claim, dispute, or controversy in connection with, relating to and/or arising out of any use of the Website, any Auction or Transaction, participation in any Auction or Transaction, or award of lots must be brought by User by the filing of a complaint in a court of law as provided herein within one (1) year from the date of the Auction or Transaction in question or be forever waived. User consents to exclusive in personam jurisdiction in the Federal and State District Courts of Jefferson County, Tennessee. USER EXPRESSLY WAIVES ANY RIGHT TO TRIAL BY JURY. This agreement and any claims shall be determined and construed under Tennessee law, excluding principles of conflict of laws. If it is the prevailing party (party that is awarded substantial and material relief on its claim or defense), then JREA shall be awarded its reasonable attorneys' fees and costs.

29) No claims of any kind can be considered after the settlements have been made with the consignors.

30) Actions by and agreements between bidders or buyers, and sellers, to (i) effectuate a non-sale of an item listed for sale or Auction on the Website, (ii) inhibit bidding on a consigned or listed item to enter into a private sale agreement for said item, (iii) to utilize the Website to obtain sales for non-selling consigned or listed items, or (iv) to manipulate the price of any property by bidding or having any representative or agent bid on the property are prohibited. If a sale occurs in violation of this provision, JREA reserves the right to cancel the bids and withhold payment from the seller. JREA further reserves the right to charge the seller a penalty fee equal to the Seller's Commission as provided in the seller's agreement and to charge the buyer a penalty fee of any applicable Buyer's Premium. JREA additionally reserves the right to reauction the property under the seller's account, or 2) pay the seller the price, less applicable commission, that the underbidder would have paid if not for the agent's action, or c) process the items as default sales under clause 8(5) above, or reauction the property under the seller's account. JREA further reserves the right to charge any party violating this provision for any damages incurred by JREA or its bidders resulting from the prohibited activity. The party or parties in breach of this paragraph shall defend, indemnify, and hold JREA harmless from any claims, actions, damages, losses or any liability, including fees and costs (including attorney's fees) arising from a breach of this paragraph.

31) JREA, its owners and its employees may bid on any lots owned by others but may not bid on lots owned by themselves or each other. JREA expressly reserves the right to modify any such bids at any time prior to the hammer based upon data made known to it.

32) Acceptance of these Terms and Conditions qualifies User as a customer who has consented to be contacted by JREA in the future. In conformity with "do-not-call" regulations promulgated by the Federal or State regulatory agencies, participation by the User is affirmative consent to being contacted at any phone number provided by User and this consent shall remain in effect until it is revoked in writing. JREA may from time-to-time contact User concerning sale, purchase, and auction opportunities available.

33) All items are guaranteed genuine, but are not guaranteed as to grade, since grading is a matter of opinion, an art and not a science, and therefore the opinion rendered by the JREA or any third-party grading service may not agree with the opinion of others (including trained experts), and the same expert may not grade the same item with the same grade at two different times. Certification of any item by a third party does not guarantee protection against the risks associated with potentially volatile or fluctuating markets. The degree of liquidity for certified collectibles will vary according to general market conditions and the particular item involved. There may be no active market at all for some items at any given time.

34) JREA is not liable for failure to perform its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service, or any other cause beyond JREA's control. The failure by JREA to require performance of any provision shall not affect its right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms and Conditions constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision of these Terms and Conditions is held unenforceable, then such provision will be modified to reflect the parties' intention to the maximum extent enforceable and all remaining provisions of this Contract shall remain in full force and effect.

35) By placing a bid, all bidders shall waive their rights in any dispute and shall recognize the Auctioneers opinion as final.

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Terms Of Use

Seller User Terms

Bidder User Terms