These Terms of Use (“Terms”) govern your access to and use of the hugginsandscott.com and bid.hugginsandscott.com website (collectively, the “Website”), which are offered by Huggins Group, LLC d/b/a Huggins & Scott Auctions (“Huggins & Scott”, “us”, “we”, or “our”).
We reserve the right to change these Terms from time to time without prior notice to you. You will be deemed to have consented to these terms if you visit the Website after the revised version is posted online. You acknowledge and agree that it is your responsibility to periodically review these Terms.
Our Privacy Policy is deemed to form part of these Terms.
If you do not agree with these Terms, our separate auction terms, or our Privacy Policy, please discontinue use of the Website and our services right away. You will still be responsible for paying for any winning, unpaid bids and other amounts owed to us regardless of your discontinuing your use our services.
We provide online auction services, working with bidders and consignors. Our services are not directed to children. Only non-minors 18 or older (if the age of majority is higher than 18 in their jurisdiction) may use the Website and our services. Use of the Website is subject to limitations on use of the Internet over which we have no control, including but not limited to interruptions, power outages, internet service provider outages, mobile carrier outages, and issues with the devices and their settings used to access the Website. We assume no responsibility for any interruptions or outages that may occur with respect to use of the Website or its availability. We reserve the right to change the Website, our services and these Terms at any time without prior notice. We reserve the right to suspend or terminate offering the Website and our services, in our discretion, in whole or in part.
As a convenience to users, the Website may redirect or link to other third-party websites or content not affiliated with us and over which we have no control and for which we have no liability. Such linking is not an endorsement by us; you access third party sites and content at your own risk, and we encourage you to consult their separate privacy policies and terms of use. You understand that we are not responsible for the accuracy, completeness or decency of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such link or reference is provided merely as a convenience and does not imply our endorsement of, or an association with, the third-party website.
We and our licensors hold a copyright in the Website as a collective work, subject to third-party owned trademarks and proprietary rights in auction lots. As between us and you, the Website visitor or user, we own all rights in the Website and you may only access it for your own personal entertainment and enjoyment. By accepting these Terms, you agree that all content presented to you on this Website is protected by any intellectual property and or other proprietary rights available worldwide.
In order to access some of the services on this Website, you may be asked to set up an account and password. You are responsible for the accuracy of your information, maintaining your account in good standing, securing your log-in credentials, and any activity, authorized or not, under your account. For more information about personal information we collect from you, please consult our Privacy Policy.
THIS WEBSITE AND OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE SERVICES OR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND SERVICES AT THIS WEBSITE, INCLUDING THE DESCRIPTIONS OF ANY PRODUCTS OFFERED AND ASSOCIATED AMOUNTS OR FEES THROUGH ANY AUCTION AT ANY TIME WITHOUT NOTICE.
Please consult the separate terms for bidders in an auction and for consignors in an auction regarding additional disclaimers specific to our services to each such group.
Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of this Website shall be limited to your direct, out of pocket costs paid to us for the lot auctioned via this Website giving rise to the claim. In no event shall we or our affiliates be liable to you or any third-party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, profit loss, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this Website or any website referenced or linked to from this Website.
You agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this Website or a breach of these Terms. We reserve the right, at our own expenses, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
You agree that we may, at our sole discretion, terminate or suspend your access to all or part of this Website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent or illegal activity or failure to pay on successfully bid lots may be grounds from barring your access to this Website and other legal rights and remedies, all of which we reserve.
We are a Maryland, USA headquartered business and offer the Website to a US audience. If you choose to access this Website form outside the United States for any reason, including to purchase any lot offered at auction, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased at auction.
Any disputes in connection with these Terms, any other terms of use for our services (incorporated herein), this Website or our services is governed by the laws of the State of Maryland, without regard to the conflicts of laws principles of another jurisdiction, and applicable US federal laws. You agree and submit to the exclusive personal jurisdiction and venue of the courts of the State of Maryland sitting in Montgomery County, Maryland and the Federal District Court for the State of Maryland at our discretion in connection with any dispute arising from these Terms, any other terms of use for our services, the Website or our services and waive any claim of an inconvenient forum therein.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision. No representative of ours is authorized to waive any portion of these Terms orally, by phone or by email. Any waiver by us in your favor would need to be made in a formal written amendment or waiver signed by an officer of Huggins & Scott and acknowledged by you to be enforceable against us.
Separate terms apply to our auctions, and my be updated for each auction. They are deemed incorporated by reference into these Terms. If there is any conflict between the applicable auction terms and these Terms, the auction-specific terms will control in matters of that auction. You will be required to consent to the auction-specific terms when you register to participate in the auction, or seek to make your first bid in that auction. You are responsible to review these Terms and the auction-specific terms carefully. These terms do not modify any separate agreement between us and a consignor.
If you have questions regarding these Terms, contact us at [email protected].
Last updated June 17, 2024