Effective Date: February 1, 2015
BY ACCESSING THE SITE OR CONTENT, REGISTERING FOR AN ACCOUNT, OR PARTICIPATING IN THE AUCTION, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER ENTITY OTHER THAN A NATURAL PERSON, THEN YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SITE OR CONTENT OR CLICK TO INDICATE THAT YOU AGREE TO THESE TERMS. THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND A CLASS ACTION WAIVER; PLEASE REVIEW SECTION 29.
If you visit or browse the Site without registering for an Account or participating in the Auction, Part I of these Terms may not apply to you. However, all visitors to the Site are bound by the General Terms provided in Part II of these Terms. If you register for an Account or participate in the Auction, Part I and Part II of these Terms will apply to your use of the Site and your registration for an Account and participation in the Auction.
Part I: AUCTION-SPECIFIC TERMS
- Auction Description. Best Recycling operates the Auction. You can contact Best Recycling at the address and telephone number at the end of these Terms. The below is generally how an Auction works on our Site, but additional information might appear on other webpages on the Site. We reserve the right to change Auction rules from time to time, including for any specific Auction Item and last minute.
- Eligibility. Bidders must be U.S. residents and lawfully able to enter into contracts. Best Recycling reserves the right to refuse service to anyone for any (or no) reason.
- Account Registration; Access. In order to participate in the Auction, you must register for an account (“Account”) on the Site. If you register, you must provide current, complete, and accurate information, including your email address and a user name. We will provide you a password you may change. You are responsible for keeping your user name and password confidential. You are responsible for all activity that occurs under your Account (whether you authorized it or not) and you agree that Best Recycling may attribute to you all use of your user name. You are strictly prohibited from registering for more than one Account. Please notify us immediately at firstname.lastname@example.org if you suspect any unauthorized use of your Account or any other breach of security. When you win an Auction, you will need to provide additional information, which must be current, complete and accurate, including your full name, telephone number, and billing and shipping addresses.
- Auction Items. All items posted for sale in the Auction (“Auction Items”) are used (i.e., not new) or surplus items.
- Item Previews. Auction Item previews may be available on-line or in-person at the location designated by Best Recycling. You will need to request base access for in-person preview: HERE
- Item Listings, Descriptions, and Photographs. Prior to an Auction, a catalog will be posted online at the Site which will include a lot number for each Auction Item and may include information about the Auction Items, including descriptions and photographs. Best Recycling does not guarantee that every Auction Item listed or described will be available.
- Disclaimer; No Warranties. All Auction Items are sold “as-is,” “where-is,” “with all faults,” AND “AS AVAILABLE.” Best Recycling does not make any representations or warranties, EXPRESS, IMPLIED, or statutory, regarding the quality or condition of Auction Items described on the Site or provided through the Auction. CAREFULLY REVIEW THE DISCLAIMER OF WARRANTIES THAT IS IN SECTION 19 OF THESE TERMS. iT APPLIES TO ALL AUCTION ITEMS.
- Online Bidding. If you are registered for an Account, you may be able to Bid on Auction Items. When you make an offer to purchase an Auction Item at a price higher than the current bid price, you are a “Bidder” and you are placing a “Bid” on that Auction Item. All Bidding is subject to the following terms and conditions.
- Bidding Process and Description. In addition to the information below you can find more information about how the Auction works at BestRecycling.com/antartic-auction/.
- Bidding Rules. By registering for an Account or otherwise participating in the Auction, you agree to be bound by the following bidding rules and restrictions:
- Bidders may not Bid on Auction Items for the sole purpose of increasing the purchase price (unless expressly permitted otherwise by applicable law). Bid manipulation or “shill” bidding of any kind is expressly forbidden;
- Bidders are prohibited from communicating with one another for the purpose of manipulating the final purchase price of an Auction Item and from “spamming” (sending unsolicited commercial email to others);
- Bidders are prohibited from making Bids in false names or with invalid credit card numbers, and from impersonating any person or entity.
- Bid Submissions. You select all Bid amounts. Best Recycling may set minimum Bid increments. In addition to your maximum Bid amount, a 10% buyers’ premium (additional charge) will be added to the total amount of all Winning Bids. Bidding on an Auction Item is an offer to buy the Auction Item at the price in the Bid, provided the bidder’s offer is the Winning Bid at the close of the Auction. Best Recycling reserves the right to refuse or reject the Bid of any bidder, including any bidder who is not permitted by law to purchase Auction Items.
- Automatic Bids. You may place Bids manually or you may place Bids to be made automatically in increments up to a maximum Bid amount designated by you. You agree that Best Recycling may enter each of your automatic Bids and that you will be bound by them.
- No Change or Revocation of Bids. All placed Bids are final and subject to applicable law, you may not cancel or revoke your Bid once submitted. Best Recycling reserves the right to make an exception to this rule in its sole discretion, but you should only place a Bid that you can honor and should assume that no exceptions will be made. If a problem occurs with a Winning Bid in an Auction, we may reinstate your unsuccessful Bid to a currently winning status at your last Bid price (i.e., if there is a problem with another Winning Bidder, you may become the Winning Bidder even though you thought you lost).
- Sale of Lots. Auction Items may be listed as “lots.” Each lot will be sold to the Winning Bidder in its entirety. The Winning Bidder of any lot must take receipt of the lot in its entirety.
- Consideration of Bids. Best Recycling may monitor Bid submissions to ensure proper use of the Site. Best Recycling reserves the right to reject any Bid for any reason in its sole discretion. Bids may be rejected if they contain inaccurate, incomplete, or unverifiable information, or violate any of the Terms, including any Bidding Rule listed in Section 6(b) of these Terms. If you place a false or fraudulent Bid, or otherwise violate the Terms, Best Recycling may pursue all available legal remedies.
- Winning Bids; Timing of Payment and Shipment. The highest or most favorable offer for any Auction Item at the Auction’s close will be the winning Bid (“Winning Bid”), subject to verification or confirmation by Best Recycling. Best Recycling’s clocks and timing may differ from your clocks and timing; Best Recycling’s clocks and timing will control in the event of any conflicts regarding closing or other times. Acceptance of a Winning Bid is subject to: (1) verification that your designated payment method is valid and has a sufficient credit or other balance to cover your full Bid and all other amounts due, including the buyer’s premium, any applicable taxes and any shipping or handling charges, (2) you picking up or arranging shipment for the Auction Item within 7 days after the close of bidding; and (3) your full compliance with these Terms and with any additional conditions in disclosures made in the listing for the Auction Item. If we do not receive or are not able to confirm payment within 48 hours after the close of bidding (to be determined by us in our sole discretion) or if you do not pick up or arrange shipment for the Auction Item within 7 days after the close of bidding, we may suspend or cancel your Bid without further notice and make that Auction Item available to another bidder, restart the Auction, or dispose of the Auction Item in any other way we determine. Individuals or entities that place Winning Bids will be notified by email. Bidders must make full payment within 48 hours after the close of bidding and arrange for pick up or shipment of the Auction Item within 7 days after the close of bidding.
- You may Bid only on Auction Items for which you are willing to pay and take possession in accordance with these Terms. Failure to pay for or take possession of an Auction Item following a Winning Bid may result in termination of the contract and liability for liquidated damages to Best Recycling.
- Technical Problems. In the event of a technical problem on the Site that interferes with the Bidding process, Best Recycling may in its discretion extend the bidding period or withdraw items from the Auction. If you use PayPal to pay for your Auction Items, all questions and concerns related to your PayPal account must be directly referred to PayPal.
- Transfer of Title. If you are the Winning Bidder, after receipt of payment in full, Best Recycling will transfer to you all right, title and interest that Best Recycling has in the Auction Items. Purchasers of vehicles will receive all available documentation (e.g., title, bill of sale) upon payment in full and transfer of the Auction Item. Title is not always available for all vehicles.
- Shipping; In-Person Pickup. You are responsible for pick up or shipment of Auction Items. Best Recycling will only help arrange to ship Auction Items within the continental United States. Best Recycling reserves the right in its sole discretion not to ship to certain locations, including addresses in certain states in the United States. We can help arrange shipping, but all shipping and handling charges are the Winning Bidder’s responsibility. Best Recycling also charges a fee for packaging and arranging shipping of the items. We have many shipping options available, or you can arrange to pick up your Auction Item at the end of the Auction at the location designated by us. For more information about shipping or pick-up options, see www.BestRecycling.com/shipping/. All orders placed through the Auction are shipment contracts, not destination contracts, which means the risk of loss transfers from Best Recycling to you when we hand over the purchased Auction Item to the delivery company or to you if you pick it up. If you pick up Auction Items, you assume all costs and risks associated with removal. All lots include dunnage (e.g., pallets, crates, bands, etc.) and buyers are responsible for removing the entire lot and for the disposal of unwanted items and dunnage. Certain laws may restrict who may purchase or receive certain materials in certain locations, for example, electronic products, vehicles, or medical devices. Best Recycling reserves the right not to sell or ship to you if you do not possess all applicable certifications, licenses, and meet all other requirements necessary for purchase, even if you placed a Winning Bid. Best Recycling reserves the right to require that you pick up Auction Items in person at the location designated by Best Recycling.
Because our Auction is located on a Naval Base, there are a few steps required for security clearance if you would like to inspect Auction Items before you Bid or if you pick up Auction Items after winning a Bid. ALL visitors to the Naval Base MUST be cleared by Naval Base security. This clearance and the information you are required to provide is not within Best Recycling’s control. A required form to request access is located HERE. The Auction Items are received on a US Military installation and anyone wishing to enter the Naval Base for inspection or pick up will need to be cleared. NO ONE WILL BE ALLOWED ON THE BASE WITHOUT PROPER CLEARANCE. You will not be allowed on the base if you have been convicted of a Felony or if you are not a US citizen. Best Recycling is not responsible if you are not able to gain clearance to access the Naval Base.
- Lost or Damaged Items. We cannot be held responsible for damaged, lost, or stolen packages.
- Refunds or Returns. Best Recycling will not offer any refunds for or returns of Auction Items, unless expressly required by applicable law. All sales are final.
- Auction and Auction Item Availability; Support. You may participate in the Auction if and when it is available. Best Recycling does not guarantee availability of the Auction or Auction Items. To the maximum extent authorized under applicable law, Best Recycling reserves the right to change, remove, or delete Auction Items or restrict, block access to, or stop providing any or all of the Auction or Auction Items at any time and without notice. Best Recycling has no obligation to provide any support in relation to your participation in the Auction.
Part II: GENERAL TERMS
- Third Party Websites and Links. The Site may contain links or references to third party websites (“Linked Sites”). Best Recycling does not endorse or sponsor any Linked Sites or the information, products, or services contained on any Linked Sites, and we have no control over Linked Sites or their content. Linked Sites are governed by their own user agreements and privacy policies, which you should be sure to read. The Site may also permit you to share Content by publicly posting it on your personal account with a Linked Site. Best Recycling is not responsible for and does not control the Content you share on any Linked Sites and access to any Linked Site is solely at your own risk.
- User Comments; User-Generated Content. The Site may include functionality that allows registered users to submit comments, photos, videos, or other information (“User Content”) to interactive parts of the Site, including, but not limited to, user comment and discussion areas of the Site. Best Recycling does not control or endorse and is not responsible for any User Content. However, Best Recycling may remove or modify User Content if it violates the Terms or is offensive. Best Recycling does not claim ownership of User Content. However, by posting any User Content you grant to Best Recycling and all members of the public who access User Content on or through the Site a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, sublicensable, and transferable license to distribute, reproduce, modify, adapt, publish, translate, publicly perform, publicly display, make derivative works of, and otherwise use the User Content you provide to Best Recycling or make available through the Site and to publish your name or other information about you in connection with that User Content. You represent and warrant that you have all the rights necessary to grant the rights in this Section and that the use and publication of your User Content will not violate any law. You must not provide any User Content that infringes others’ intellectual property or privacy rights. You are solely responsible for all User Content you provide to Best Recycling or make available through the Site.
- User Conduct. You are solely responsible for the content of your transmissions to or through the Site, including the Auction. You agree to comply with all applicable local, state, national and international laws and regulations, including but not limited to U.S. and foreign export and import laws, and: (1) not to use the Site, Content or Auction for illegal purposes; (2) not to interfere or disrupt networks connected to the Site or Auction; and (3) to comply with all policies and procedures regarding the Site, Content and Auction. You agree not to transmit through the Site or Auction any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to Best Recycling’s computer systems are prohibited. Best Recycling may, at its sole discretion, immediately suspend or terminate access to the Site and Auction if it appears that your conduct fails to conform to these Terms.
- Site Availability and Support. You may access the Site if and when it is available. Best Recycling does not guarantee availability of the Site, Content, Auction Items, or the Auction. The Site may occasionally be down for service, upgrades, maintenance, or for other reasons. To the maximum extent authorized under applicable law, Best Recycling reserves the right to change, remove, delete, restrict, block access to, or stop providing any or the entire Site at any time and without notice. Best Recycling has no obligation to provide any support in relation to the Site, Content, Auction Items, the Auction, or your Account.
- Termination. You may terminate your Account or your use of the Site at any time by contacting us at email@example.com. Best Recycling reserves the right to terminate or suspend the Site, the Auction, or access to the Site or Auction at any time, without notice, for any reason, including for your breach of any of the Terms. The following sections of these Terms will survive termination: 3, 4, 9, 10, 14, 17, 19, 20, 21, 22, 23, 24, 27, 28, 29 and 30.
- Disclaimer; NO Warranties. WITHOUT LIMITING THE DISCLAIMERS IN SECTION 4(C) OF THESE TERMS, THE SITE, CONTENT, AUCTION, AUCTION ITEMS AND ACCOUNTS ARE PROVIDED “AS IS,” “WHERE IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE, PERFORMANCE, AND PARTICIPATION REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BEST RECYCLING DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY WITH RESPECT TO THE SITE, CONTENT, AUCTION, AUCTION ITEMS AND ACCOUNTS, AND DOES NOT MAKE AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AUCTION ITEMS ARE SURPLUS OR NOT NEW. THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, OR NONINFRINGEMENT, OR THAT THE AUCTION ITEMS ARE FREE FROM ANY SECURITY INTEREST OR OTHER LIEN OR ENCUMBRANCE OF ANY KIND. WITHOUT LIMITATION, BEST RECYCLING MAKES NO WARRANTY THAT THE SITE, CONTENT, AUCTION, AUCTION ITEMS AND ACCOUNTS: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) ARE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE OR COMPONENTS; OR THAT ANY INFORMATION OR CONTENT OBTAINED WILL BE ACCURATE, COMPLETE OR RELIABLE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. BEST RECYCLING MAKES NO WARRANTY THAT: (I) AUCTION ITEMS WILL CONFORM TO THE DESCRIPTION OR PHOTOGRAPHS ON THE SITE; OR (II) ALL AUCTION ITEMS LISTED WILL BE AVAILABLE. NOT ALL DEFECTS MAY BE APPARENT IN THE LISTING. NO LISTING, DESCRIPTION OR PHOTOGRAPH OF ANY PORTION OF ANY AUCTION ITEM LOT CREATES ANY REPRESENTATION OR WARRANTY THAT THAT PORTION OR THE REMAINDER OF THE LOT CONFORMS TO THAT LISTING, DESCRIPTION OR PHOTOGRAPH. ALL CONTENT AND AUCTION ITEMS YOU BID ON, PURCHASE, OBTAIN THROUGH THE SITE, OR USE ARE ACCESSED AND USED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM.
- EXCLUSION of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, In no event will BEST RECYCLING be liable for any consequential, special, incidental, indirect, or punitive damages; for LOSS OF profits, BUSINESS, GOODwILL, ANTICIPATED SAVINGS, or USE; LOSS OR CORRUPTION OF DATA, confidential or other information; business interruption; personal injury; wrongful death; property damage; loss of privacy; failure to meet any duty of good faith or reasonable care; negligence; COST OF PROCUREMENT OF SUBSTITUTE ITEMS OR SERVICES; and any other pecuniary or other loss whatsoever, arising out of, based on, resulting from, or in any way related to these Terms, SITE, CONTENT, AUCTION, AUCTION ITEMS AND ACCOUNTS, even if BEST RECYCLING has been advised of the possibility of such damages.
- Limitation of Liability and Exclusive Remedies. To the maximum extent permitted by applicable law AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTIoNS 4(c), 19 OR 20, BEST RECYCLING’S maximum, aggregate liability to you, and your exclusive remedy under THESE TERMS for any and all damages, injuries, and losses arising from any and all claims and causes of action arising out of, based on, resulting from, or in any way related to THESE TERMS, SITE, CONTENT, AUCTION, AUCTION ITEMS AND ACCOUNTS will be to recover the actual damages you incur based upon reasonable reliance, BUT NOT TO EXCEED THE lesser of the AMOUNT ACTUALLY PAID BY YOU TO US FOR the ITEM OR ASPECT OF SERVICES GIVING RISE TO THE DAMAGES, or $5,000. The existence of multiple claims or suits under or related to THESE TERMS Or the SITE, CONTENT, AUCTION, AUCTION ITEMS AND ACCOUNTS will not enlarge or extend the limitation of money damages.
- Independent Remedies. The exclusion of damages under Section 20 is independent of your exclusive remedy in Section 21 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 4(c), 19, 20, and 21 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
- CONSUMER NOTICE ABOUT SECTIONS 4(c), 19, 20, and 21. Some jurisdictions do not allow the exclusion or limitation of damages (including incidental or consequential), loss, or liability from intentional acts (including fraud, fraudulent misrepresentation, and failure to disclose defects), product liability, or for death or personal injury. Nothing in Sections 4(c), 19, 20, or 21 will be interpreted as excluding liability which cannot under applicable law be excluded in those jurisdictions. If you reside, or are otherwise subject to the laws in one of those jurisdictions, any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that law and, if limitation is not permitted, the limitations and exclusions in Sections 4(c), 19, 20, AND 21 may not apply to you.
- Indemnification. You will defend, indemnify, and hold Best Recycling, its directors, officers, employees, agents, partners, suppliers, and licensors harmless from any third party claims or demands, including reasonable attorneys’ fees, relating to, arising from, or allegedly arising from (a) your use of the Site, Content, Auction, Auction Items and your Account and activities occurring under your user name; (b) your pick-up or shipment of the Auction Items; (c) any violation by you of these Terms; or (d) your violation of any other party’s rights or applicable law, including U.S. and foreign export and import laws.
- DMCA Copyright Notice and Takedown Procedures. Best Recycling respects the intellectual property rights of others. If you believe that certain Content available on the Site infringes your copyright, you can send written notice in accordance with the provisions of the Digital Millennium Copyright Act (“DMCA”) to our Designated Copyright Agent, who can be reached as follows:
To be effective, notice must include the following, in compliance with Section 512(c) of the DMCA:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and specific information sufficient to permit us to locate the material;
- Information sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This process is only available for reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material on the Site is infringing, you should contact an attorney prior to sending notice. After receiving notice, Best Recycling may remove or disable access to infringing material.
- Changes to these Terms. Best Recycling reserves the right to change these Terms at any time, in our sole discretion, upon notice to you. Best Recycling may give notice by making the updated Terms available on the Site or by any other reasonable means. You can review the most current version of the Terms at any time at www.BestRecycling.com/term-of-use. The updated Terms are binding on you on the effective date indicated in the updated Terms. If you do not agree to the updated Terms, you should stop using the Site and stop participating in the Auction before the effective date. Your continued use of the Site or participation in the Auction after the effective date will constitute your acceptance of the updated Terms.
- Notices. Best Recycling may give you all required notices (including legal process) by any lawful method, including by posting notices on the Site or by sending notice to any mailing address or email address you provide to Best Recycling. You agree to send Best Recycling notices by mailing them to the following address:
Best Recycling, Inc.
12 Bellwether Way #240
Bellingham, WA 98225
- Reservation of Rights; Copyright and Trademark Notice. Best Recycling and its suppliers reserve all right, title and interest in their materials on the Site, including all Content and software. These rights may be protected by United States copyright laws and other intellectual property laws. Our trademarks may only be used with our written permission. Any other company names, product names, service names, or logos used on the Site may be the trademarks of their respective owners. Except as expressly provided in these Terms, nothing contained in the Terms or Site will be construed as conferring any license or right, by implication, estoppel, or otherwise, under copyright or other intellectual property rights.
- Governing Law and Exclusive Jurisdiction; Arbitration. These Terms will be governed by and construed in accordance with the laws of the State of Washington without reference to its conflict of laws provisions. Subject to the arbitration provision below, you hereby submit to exclusive jurisdiction and venue in the state and federal courts located in King County, Washington, United States, for any and all disputes, claims, and actions arising from or in connection with the these Terms or the Site, Content, Auction, Auction Items and your Account. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms or to the Site, Content, Auction, Auction Items or your Account. YOU AND BEST RECYCLING EACH AGREE THAT ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR TO THE SITE, CONTENT, AUCTION ITEMS AND YOUR ACCOUNT, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND BEST RECYCLING, WILL BE RESOLVED IN KING COUNTY, WASHINGTON BY BINDING ARBITRATION BY A SINGLE NEUTRAL ARBITRATOR OR, IF THE CLAIM QUALIFIES, IN SMALL CLAIMS COURT. YOU AND BEST RECYCLING each also agree that theSE TERMS affect interstate commerce so the Federal Arbitration Act ApplIES, INCLUDING with respect to any question of whether a claim or dispute is subject to arbitration (despite the CHOICE OF GOVERNING LAW IN THIS SECTION). YOU AND BEST RECYCLING EACH AGREE TO ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND THAT YOU WILL NOT PURSUE ARBITRATION IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE BASIS, REGARDLESS OF THE APPLICATION OF PROCEDURAL RULES BY ANY ARBITRATOR. IF ANY COURT OR ARBITRATOR HOLDS THAT THE CLASS ACTION WAIVER IS UNENFORCEABLE, THEN THE DISPUTE MUST BE BROUGHT IN A STATE OR FEDERAL COURT IN KING COUNTY, WASHINGTON. YOU AND BEST RECYCLING EACH ALSO AGREE THAT FOR ARBITRATED CLAIMS THE ARBITRATOR’S AWARD WILL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. To begin arbitration you must send a letter requesting arbitration and describing your claim to the address for notice listed for Best Recycling in Section 27. Best Recycling will attempt to notify you in writing of any dispute if Best Recycling has your email or mailing address. If Best Recycling does not have your address Best Recycling will post a notice at the Site. The American Arbitration Association (AAA) will arbitrate all disputes and the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply. You and Best Recycling each are responsible for your own respective costs relating to the arbitration, except that Best Recycling will pay the arbitration administrative or filing fees, including the arbitrator fees. An arbitrator may award on an individual basis any relief authorized by law, including injunctive or declaratory relief and attorneys’ fees.
- Miscellaneous. If a court of competent jurisdiction holds any provision of these Terms to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect, and any unenforceable provision will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. Best Recycling may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, in the Site, Content, Auction or your Account (including any right to access the Site, Content, Auction or your Account). These Terms will be binding upon all of Best Recycling’s and your successors and assigns. Best Recycling’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on Best Recycling if it is in a written document signed by Best Recycling. These Terms (including all incorporated terms) constitute the entire agreement between you and Best Recycling with respect to your use of the Site and participation in the Auction. Both you and Best Recycling warrant to each other that, in entering these Terms, neither Best Recycling nor you have relied on nor will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Best Recycling, or Best Recycling’s and your respective successors and permitted assigns, will have any right to enforce any of these Terms.
- Contact Information. If you have questions or comments regarding the Site, Content, the Auction, Auction Items, your Account, or these Terms, or to report a violation of these Terms, please contact us at:
Best Recycling, Inc.
12 Bellwether Way #240
Bellingham, WA 98225
Bond Number: CA Bond # MS200-76-04