www.luckyfindllc.com Terms of Use
ACCEPTANCE OF TERMS OF USE FOR THIS WEBSITE
Please read the terms and conditions of Lucky Find LLC carefully before using this website. These terms apply to you, your employees, agents, contractors, and any other entity on whose behalf you accept these terms. By placing a bid, making an order, using the website, or acknowledging agreement with these terms, you accept and enter into an agreement with Lucky Find LLC. If you do not agree to all of these terms, do not use the website. By using the service, you confirm that you are of legal age to enter into a binding contract, not a minor in any jurisdiction, and not barred from receiving services under the laws of the United States or any applicable jurisdiction. You also represent that you have read, understood, and accepted the terms and conditions of this user agreement, as well as any agreements referenced within it.
We reserve the right to update these Terms periodically without notifying you. You can always check the latest version of the Terms on www.luckyfindllc.com. The last revision of this Agreement was made on June 25, 2023. If you have any questions about this Agreement, please reach out to us at (833) 877-5825
ACCESS TO WEBSITE CONTENT AND SERVICES
The content of the Lucky Find LLC website ("Website") encompasses, but is not limited to, all information, documents, communications, files, text, graphics, software, and products available through the Website (collectively referred to as "Content"). The Website also offers various services, including auction services ("Auctions"), operated by Lucky Find LLC and third parties through the Website (collectively referred to as the "Services"). Lucky Find LLC manages and operates its Website from multiple locations and does not guarantee that the Website is suitable or accessible in all locations. The availability of Lucky Find LLC's Content and Services may vary depending on your location. If you are using the Website on behalf of your employer, you confirm that you have the authority to accept these Terms on your employer's behalf, and your employer agrees to indemnify both you and Lucky Find LLC for any violations of these Terms. The Services provided by Lucky Find LLC, including its Auctions for equipment and other items (collectively referred to as "Items" or "Auction Items"), are subject to the terms and conditions stated in these Terms. When using specific Services owned or operated by Lucky Find LLC, both you and Lucky Find LLC are bound by any posted guidelines or rules that apply to those Services, which may be periodically posted on the Website.
YOUR RESPONSIBILITIES AND CONDUCT
To use the Website, you agree to the following terms: (a) Provide accurate, up-to-date, and complete information about yourself as prompted in the registration form (referred to as "Registration Data"); (b) Ensure the security of your password and identification; (c) Maintain and promptly update the Registration Data and any information provided to Lucky Find LLC to keep it accurate, current, and complete; (d) Accept all risks associated with unauthorized access to information and Registration Data. You are solely responsible for adequately protecting and backing up your data and/or equipment used in connection with the Website; (e) Immediately notify Lucky Find LLC of any unauthorized use of your username, password, or any security breaches related to the Services; (f) Permit Lucky Find LLC to send notifications to your registered email address, informing you about auctions similar to the ones you have already bid on.
Failure to comply with this section may result in Lucky Find LLC not being liable for any loss or damage incurred.
Once Lucky Find LLC has approved your registration, you will be considered a "Registered User." Only Registered Users are eligible to participate in Lucky Find LLC Services. Lucky Find LLC reserves the right to disapprove, suspend, or terminate your registration at its sole discretion and prohibit your participation in the Services for any reason.
LUCKY FIND LLC NOT INVOLVED IN TRANSACTIONS
In the Online Auction, Lucky Find LLC does not participate in any transactions related to Auction Items. Lucky Find LLC solely provides a platform for Sellers to list Items and for Registered Users to place bids on those Items. You and Lucky Find LLC are independent entities, operating as contractors. Neither party acts as an agent, representative, broker, employee, partner, or joint venturer of the other party. This Agreement should not be interpreted or construed as establishing an association, joint venture, agency, franchise, or partnership between the parties, nor does it impose any partnership obligations or liabilities on either party. Lucky Find LLC is not directly involved in the transactions between Buyers and Sellers and has no control over them or any aspects of the transactions. Occasionally, Lucky Find LLC may have ownership or possession of Auction Items listed on the Website, but it is not a party to any transactions related to those Items.
Full Release: In the event of a dispute with a Seller or other users, you release Lucky Find LLC (including its officers, directors, agents, subsidiaries, and employees) from any and all claims, demands, and damages (both actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from or in any way connected to such disputes.
By confirming that you have carefully read and fully understand the contents of these Terms, you acknowledge that this constitutes a release of liability and a contract between you and Lucky Find LLC, entered into willingly and voluntarily.
INTELLECTUAL PROPERTY RIGHTS
The content and services available on this Website, along with their arrangement and selection, are protected by copyright, trademark, patent, and other intellectual property laws. Unauthorized use of the content or services on this Website may violate these laws and the terms outlined in this agreement. Unless explicitly stated, Lucky Find LLC does not grant any express or implied rights to use the content and services. You agree not to copy, republish, frame, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Website, its content, or its services, except as authorized by Lucky Find LLC. "LUCKY FIND" is a trademark owned by Lucky Find LLC. All other trademarks belong to their respective owners.
USE OF SOFTWARE
Any software made available for use or download from the Lucky Find LLC Website ("Software") is the copyrighted work of Lucky Find LLC and/or its licensors. The use of the Software is subject to the terms and conditions specified in the accompanying license agreement or other applicable agreement between you and Lucky Find LLC ("License Agreement"). You must read and agree to the License Agreement before using the Software. Any use, reproduction, or distribution of the Software that does not comply with the License Agreement is strictly prohibited. If the Software is used by the United States Government, it is considered "restricted computer software" as defined in clause 52.227-19 of the FAR. The rights of the United States Government to the Software are as provided in clause 52.227-19 of the FAR.
USE OF CONTENT ON THE LUCKY FIND LLC WEBSITE
Limited Right to Use, Print and Distribute Content: Unless expressly stated otherwise, you are granted authorization to view, copy, print, and distribute the content on this website under the following conditions: (i) the use must be for informational, non-commercial purposes only; (ii) any copy or portion thereof must include Lucky Find LLC's copyright notice "© 2021 Lucky Find LLC All Rights Reserved"; and (iii) no modifications shall be made to the content. Lucky Find LLC reserves the right to revoke this authorization at any time, and any such use shall be discontinued upon written notice from Lucky Find LLC.
LINKS TO THIRD PARTY WEBSITES OR SERVICES
The services and the website may include links to websites or services provided by others, including shipping, rigging, and other services ("Third-Party Services"). The inclusion of links to Third-Party Services or any mention or statement about them does not imply an endorsement or guarantee by Lucky Find LLC of such Third-Party Services, or the products, content, materials, or information presented or made available through them. You acknowledge and agree that Lucky Find LLC is not responsible for any damages or losses caused or alleged to have been caused by any third party or the use of any Third-Party Services, or by the products, content, materials, services, or information presented or made available through such Third-Party Services.
TREATMENT OF FEEDBACK AND RESPONSES PROVIDED TO LUCKY FIND LLC
Any comments or materials sent to Lucky Find LLC, including feedback data, such as questions, comments, suggestions, and any other response, will be considered non-confidential. Lucky Find LLC has no obligations of any kind regarding such responses and is free to use, reproduce, distribute, and publicly display such comments and materials without any limitations. Lucky Find LLC is also free to utilize any ideas, concepts, know-how, or techniques contained in such responses for any purpose whatsoever, including but not limited to the development, manufacturing, and marketing of products incorporating those ideas, concepts, or techniques.
AUCTIONS
Control of Information: Lucky Find LLC posts information about Auction Items on behalf of Sellers. Users should be aware that the Item information may be inaccurate or incomplete. Lucky Find LLC provides no guarantees or warranties regarding such information or Auction Items, which are offered "as is". We strongly recommend that you take advantage of any available inspection period to personally examine the Items and make informed bidding and purchasing decisions. Please exercise caution and common sense when using the Website. Lucky Find LLC has no control over the quality, safety, or legality of the listed Auction Items, the accuracy of the listings, or any other information provided by Sellers.
Auction Period: The duration of the Auction will be determined by Lucky Find LLC and will end at a time chosen at the sole discretion of Lucky Find LLC.
Bidder Conduct: Once a bid has been submitted on your behalf, you acknowledge and agree that it cannot be retracted. Additionally, any form of sale price manipulation, including shill bidding, is strictly prohibited.
Binding Offer to Purchase: If you are the highest bidder ("Buyer") at the conclusion of an Auction and have met any reserve bid requirements, if applicable, you are obligated to complete the transaction, unless prohibited by law or this Agreement. Bidders understand that bidding on the Website is legally equivalent to a firm purchase order.
Invalid Bids: Lucky Find LLC reserves the right to reject or invalidate bids, whether winning or not, if it believes they were made in bad faith, intended to manipulate the Auction process, or violate applicable laws.
Determination of Winning Bids: Lucky Find LLC is the sole authority for determining winning bids, but it shall not be held liable for any errors or omissions in such determination, whether by Lucky Find LLC or any other person.
Postponement and Cancellation: Lucky Find LLC reserves the right to postpone or cancel any Auction or resulting sale at its discretion, without prior notice. Lucky Find LLC assumes no liability to prospective bidders or Sellers for any withdrawal, cancellation, or postponement of Auctions or sales.
Withdrawal of Auction/Auction Items: Users acknowledge and agree that Auction Items may be withdrawn or sold before or after the designated auction period, that the Auction may be temporarily or permanently discontinued, and that the Auction may be extended beyond the designated auction period at the sole discretion of Lucky Find LLC, without prior notice to the User. Generally, Auction Items will be sold to the highest bidder; however, some Items may be auctioned with minimum reserve prices or subject to Seller's right of confirmation.
Completion of Transactions
Liability for Auction Items: Auction Items shall be the responsibility of the Seller (and not Lucky Find LLC) until the Item is removed from the designated Auction location by the Buyer or the Buyer's designated transportation provider. During transportation, the Item remains the responsibility of the Buyer and/or the Buyer's designated transportation provider (and not Lucky Find LLC). Once delivered to the designated location, the Item becomes the responsibility of the Buyer.
Sales and Use Tax: All bids and offers should be exclusive of any taxes applicable to the sale or purchase transaction. Buyers are accountable for any such taxes or should provide a valid exemption certificate to the satisfaction of Lucky Find LLC on behalf of the Seller. Buyers and Sellers acknowledge and agree that Lucky Find LLC offers a service for calculating, reporting, and remitting sales or use taxes that may be assessed by taxing authorities for transactions arising from the use of the Service. Each Buyer is required to indemnify Lucky Find LLC for any tax, cost, or expense resulting from their failure to fulfill any sales or use tax liability. Similarly, each Seller must indemnify Lucky Find LLC for any tax, cost, or expense resulting from their failure to satisfy any sales or use tax liability within their jurisdiction.
Buyer's Premium: Lucky Find LLC reserves the right to apply a Buyer's Premium and/or Processing Fee on Auction Items sold, at its discretion. The Buyer's Premium and/or Processing Fee constitutes 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 specified in the auction-specific terms and on the Item detail pages. All fees, including Buyer's Premiums, must be paid before releasing any Auction Items for pick-up and transport.
Payment and Payment Period: The Payment Period for all Auctions will be determined by Lucky Find LLC and will be specified in the auction-specific terms and on the Item detail pages. The winning bidder must make full payment within the designated Payment Period, which includes the auction closing price, applicable Buyer's Premiums, and sales tax. Payment should be made to a secure payment account designated by Lucky Find LLC. Buyers have the option to pay for their Items online using a valid credit card or by sending payments via wire transfer or certified bank check. It is important to note that full payment is required prior to the removal or transportation of purchased Items.
Buyer Default: If, after the Payment Period has expired, the Buyer fails to make full payment in accordance with the aforementioned terms, the Buyer will be considered in default, and their Auction Item(s) will be relisted in an Online Auction. Lucky Find LLC will charge a re-listing fee of 35% of the original selling price of the Auction Item, which is deemed a reasonable estimate of the minimum damages incurred by Lucky Find LLC due to the Buyer's failure. By registering a valid credit card with Lucky Find LLC, the Buyer grants authorization to charge the applicable re-listing fees to the credit card.
Item Removal and Removal Period: The Removal Period for Auction Items will be determined by Lucky Find LLC and will be specified in the auction-specific terms and on the Item detail pages. Once the total purchase price (including any applicable sales tax and the Transaction Fee) has been received and posted to a secure payment account designated by Lucky Find LLC, the Buyer is eligible to remove Auction Items from the Seller's location. Unless otherwise stated, it is the Buyer's responsibility to load and ship Auction Items. Lucky Find LLC holds no responsibility for disconnecting utilities, such as electric, gas, waste, and water lines, associated with Auction Items. The Buyer is accountable for arranging and covering the costs of insurance, removal, and shipment of purchased Items. The Buyer must conduct the item removal responsibly and with care for the Seller's premises. Any alterations or damages caused to real or personal property during the removal of purchased Items must be restored and repaired by the Buyer. In certain cases, the Buyer may need to provide a deposit before removal, which will be promptly refunded upon completion of removal and approval from the property owner or manager. Failure to remove an Item within the designated removal period will result in the Buyer being considered to have abandoned the Item, and the Buyer will no longer have any rights concerning the Item. No claims of any kind will be entertained once the Item has been removed by the Buyer.
Freight and Transportation: The Buyer bears full responsibility for all expenses related to freight, shipping, and transportation of Auction Items from the designated Auction location. This includes costs associated with certificates and permits required for moving Auction Items across state, province, or country borders. It is strongly advised that Buyers obtain all necessary certificates and permits before transporting the equipment. Failure to do so may result in additional fees, such as cleaning or permit fees, if the Items are detained at a Port of Entry. Buyers have the option to arrange transportation through a third-party provider on the Lucky Find LLC website. However, Lucky Find LLC will not be held liable for any actions or oversights by the transportation provider, and Lucky Find LLC disclaims any responsibility for their conduct. If someone other than the registered Buyer will be picking up and removing Items from the auction location, the registered Buyer must designate that person or company as an "Authorized Agent" by completing an "Agent Release Authorization" form. Buyers are prohibited from transporting Auction Items until full payment, including any applicable sales tax and Buyer's Premium, has been received and posted to a secure payment account designated by Lucky Find LLC.
Constructive Receipt: Once Constructive Receipt has taken place for any Auction Item, the remittance of proceeds to the Seller may proceed. Any dispute claims filed by the Buyer after this point will be considered invalid. Constructive Receipt of Auction Items occurs at the earliest of the following milestones (unless a dispute claim has been previously filed by the Buyer), provided that Lucky Find LLC has received full payment for the Item:
a) When the Buyer or the Buyer's Authorized Agent removes the item from the Seller's location.
b) When the Buyer or the Buyer's Authorized Agent begins disassembling the Item from its as-inspected configuration, including disassembly for transportation purposes.
Lucky Find LLC does not transfer legal ownership of Items from the Seller to the Buyer, and this agreement does not modify the governing provisions of Uniform Commercial Code § 2-401(2). According to the Uniform Commercial Code § 2-401(2), legal ownership of an Item is transferred upon the physical delivery of the Item to the Buyer by the Seller. Unless otherwise agreed upon by the Buyer and the Seller, the Buyer becomes the lawful owner of the Item upon physically receiving it from the seller, as per Uniform Commercial Code § 2-401(2).
Disclaimer, Indemnity, Limitation of Liability
Indemnification: You agree to defend, indemnify, and hold harmless Lucky Find LLC, its officers, directors, agents, subsidiaries, and employees from any claims, demands, and damages, both actual and consequential, of all types and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in connection with any breach or violation by you of these Terms, your use of the website, or any disputes or damages resulting from your use of the website or contracts formed through it.
Disclaimer of Warranties: The services provided by Lucky Find LLC and the website, including all listed properties for sale, content, functions, materials, services, and information made available on or accessed through the services or the website, are provided "as is," "where is," and "as available." They are offered without any representations or warranties of any kind, whether express or implied, including but not limited to non-infringement, merchantability, or fitness for a particular purpose. Lucky Find LLC does not warrant compliance with environmental laws or other legal requirements, nor does it guarantee the presence or absence of hazardous materials. Lucky Find LLC does not guarantee that the services or the functions, features, or content provided on or accessed through the services or the website, including 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 any defects will be corrected. Lucky Find LLC makes no warranty that the website or the services will meet users' requirements, and it expressly disclaims any representations, warranties, or guarantees regarding the sale of any property through the services or the website. If you are dissatisfied with the services or the website, your sole remedy is to discontinue using them. Lucky Find LLC makes no representations or warranties regarding any goods or services purchased or obtained through the services or the website, or any transactions entered into through the services or the website. No advice or information, whether oral or written, obtained from Lucky Find LLC or through the services or the website, shall create any warranty. Lucky Find LLC specifically disclaims any responsibility for misrepresentations or breaches committed by any user.
Without limiting the foregoing, Lucky Find LLC shall not be liable for any acts performed or omitted under this Agreement while acting in good faith and exercising reasonable judgment. Lucky Find LLC is authorized to comply with and obey orders, awards, judgments, or decrees of any court of law or arbitration tribunal, even if contrary notices, warnings, or other communications are received from any party or individual. If Lucky Find LLC complies with any such order, judgment, or decree of any court or arbitration tribunal, it shall not be liable to any of the parties or any other person, even if such order, judgment, or decree is subsequently reversed, modified, annulled, set aside, vacated, or found to have been entered without jurisdiction. Lucky Find LLC shall not incur any liability for actions taken or omitted in reliance upon any instrument, including electronic transmissions (such as emails), written statements, or affidavits that Lucky Find LLC reasonably believes to be genuine. Furthermore, Lucky Find LLC shall not be liable or responsible for forgeries, fraud, impersonations, or determining the scope of any representative authority when acting in good faith.
Limitation of Liability: In no event shall Lucky Find LLC or 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, under any theory of liability, including product liability, except in the case of personal injury where and to the extent that applicable law requires such liability. Furthermore, Lucky Find LLC or sellers shall not be liable for any special, incidental, or consequential damages directly or indirectly related to the use of, or the inability to use, the service, the site, or its content, including the inspection report and related materials and functions. This includes, but is not limited to, loss of revenue, anticipated profits, business, or sales, even if Lucky Find LLC or an authorized representative has been advised of the possibility of such damages. Please note that some jurisdictions may 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 Lucky Find LLC to you for all damages, losses, and causes of action arising from this agreement or your use of the website and the service exceed $100.00 in aggregate. This limitation of liability shall apply and survive even in the event of any failure of the essential purpose of any remedy.
Electronic Communications: When you visit www.luckyfindllc.com or send emails to us, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically. We will communicate with you via email or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically fulfill any legal requirement that such communications be in writing.
Reviews, Comments, Communications, and Other Content
To the extent that you post reviews, comments, communications, or any other content, or submit suggestions, ideas, comments, questions, or other information, the content must adhere to certain guidelines. It should not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise harmful or objectionable to third parties. Additionally, the content must not contain software viruses, engage in political campaigning, solicit commercial activities, distribute chain letters, send mass mailings, or be considered as "spam." You are prohibited from using a false email address, impersonating any person or entity, or misleading others regarding the origin of the content. While Lucky Find LLC reserves the right to remove or edit such content, it does not regularly review all posted content.
If you choose to post content or submit material, unless otherwise indicated, you grant Lucky Find LLC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display the content worldwide in any media. Furthermore, you grant Lucky Find LLC and its affiliates and sublicensees the right to use the name you submit in connection with such content, if they so choose. By doing so, you represent and warrant that you own or have control over all the rights to the content you post, that the content is accurate, that its use does not violate these Terms and will not harm any individual or entity, and that you will indemnify Lucky Find LLC or its affiliates for any claims arising from the content you supply. While Lucky Find LLC reserves the right to monitor, edit, or remove any activity or content, it is not obligated to do so. Lucky Find LLC assumes no responsibility and shall not be liable for any content posted by you or any third party.
GENERAL PROVISIONS
Environmental Hazards: Lucky Find LLC assumes no responsibility or liability for hazardous materials that may be associated with the Items sold or to be sold at Auction, including their compliance with Federal, State, or Local laws, statutes, or regulations related to environmental pollutants or hazardous waste. Lucky Find LLC will not bear any direct or indirect costs arising from the presence of environmental pollutants in the Items or on the auction premises. This includes any potential liens or penalties resulting from violations of applicable laws or regulations. By agreeing to these terms, the User waives any subrogation rights against Lucky Find LLC regarding the aforementioned risks.
User Acknowledges: (1) The existence of federal, state, and local legislation that holds property owners and users liable for environmentally hazardous substances in certain situations; (2) Lucky Find LLC has not made any representations about the applicability of such laws to transactions or to the User, unless otherwise stated herein; (3) Lucky Find LLC has not made any representations regarding the presence, testing, discovery, location, evaluation, or risks posed by environmentally hazardous substances, if any, on or affecting the Item; and (4) User is advised to consult technical and legal experts regarding the presence, testing, discovery, location, evaluation, and risks posed by environmentally hazardous substances, if any, on or affecting the Item.
Downloading Information/Material: By downloading any information or materials from the Website, the User releases Lucky Find LLC, its affiliates, subsidiaries, directors, officers, employees, agents, shareholders, co-branders, partners, successors, and assigns from any actual or alleged damages that may result.
Modification and Availability: Lucky Find LLC reserves the right to delete, modify, or supplement the content of the Website without prior notice. Additionally, Lucky Find LLC may, at its sole discretion and for any reason, terminate, change, suspend, or discontinue any aspect of the Website or the Service. This includes content, features, or hours of availability. Lucky Find LLC may also impose limitations on certain Service features or restrict User's access to part or all of the Website or the Services without notice or penalty.
Monitoring: You acknowledge that Lucky Find LLC has the right, although not the obligation, to monitor all material and content on the Website and the Services, at any time and for any reason, at its sole discretion. Lucky Find LLC reserves the right to edit, disclose, or refuse to post any material or information, as well as to request the removal of any material or information from the Website.
Access and Interference: You agree not to use any automatic device or manual process to monitor or copy Lucky Find LLC web pages or the content within. You also agree not to use any device, software, or routine that may interfere or attempt to interfere with the proper functioning of the Website. Furthermore, you agree not to take any action that may impose an unreasonable or disproportionately large load on the infrastructure of the Website.
Service Integrity: While Lucky Find LLC makes reasonable commercial efforts to ensure the continuous availability of its Services and Website, it shall not be held responsible for any service interruptions. This includes interruptions that may impact the receipt, processing, and acceptance of bids or any other aspects of an auction or sale.
Controlling Law and Venue: This Agreement and any matters related to its interpretation shall be governed by and construed in accordance with the internal laws of the State of Arizona, without considering conflict of laws provisions. Subject to the Dispute Resolution section below, you expressly consent to the personal and exclusive jurisdiction of the courts in the State of Arizona, located in Clark County.
Dispute Resolution: You agree to resolve any dispute or claim between yourself, any other registered user, or Lucky Find LLC arising from or related to these terms, agreements, any equipment sale, inspection reports, or any other transactions described in these terms. This includes all contractual and tort claims, statutory claims, equitable or legal claims for relief, issues of arbitrability, and disputes regarding the scope of this provision. The process of resolving disputes shall involve mediation and arbitration as outlined below.
Before initiating arbitration, the parties involved must attempt to confidentially resolve the dispute through mediation. Mediation involves submitting the dispute to an impartial and neutral mediator authorized to facilitate its resolution, without the power to impose a settlement. Mediation will take place in Las Vegas, Arizona, with a mediator affiliated with the American Arbitration Association ("AAA"), unless both parties agree on a different mediator.
If mediation fails to resolve the dispute within one year of its occurrence, either party must request binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration will be conducted in Las Vegas, Arizona, by a single arbitrator who possesses knowledge of the auction industry. The selection of this arbitrator will be mutually agreed upon by both parties. If they fail to agree within thirty (30) days from the notice of intention to arbitrate, the AAA will appoint an arbitrator from its list of commercial arbitrators. The chosen arbitrator will be obligated to follow the law, including the Federal Rules of Evidence and the Federal Rules of Civil Procedure. They will also have the authority to consider and make decisions on dispositive motions, such as motions to dismiss and motions for summary judgment. Each party will have the right to conduct two depositions of the opposing party.
Dispute Resolution: By agreeing to these terms, you agree to use mediation and arbitration to resolve any disputes or claims that arise between you, other registered users, and Lucky Find. This includes disputes related to these terms, agreements, equipment sales, inspection reports, or any other transactions described in these terms. It covers contract and tort claims, statutory claims, equitable and legal relief, issues of arbitrability, and disputes about the scope of this clause. The process for dispute resolution is as follows: Before initiating arbitration, the parties must attempt mediation. Mediation is a confidential process where an impartial mediator, authorized to facilitate dispute resolution but not empowered to impose a settlement, helps the parties reach a resolution. Mediation will take place in Las Vegas, Arizona, with a mediator affiliated with the American Arbitration Association (AAA) unless both parties agree on a different mediator. If mediation fails to resolve the dispute within one year of its occurrence, either party may demand binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration will take place in Las Vegas, Arizona, and will be presided over by a single arbitrator with expertise in the auction industry. The parties involved must mutually agree on the selection of this arbitrator. If they are unable to reach an agreement within thirty (30) days of the notice of intention to arbitrate, the American Arbitration Association (AAA) will designate the arbitrator from its list of commercial arbitrators. The chosen arbitrator is bound by the obligation to follow the law, including the Federal Rules of Evidence and the Federal Rules of Civil Procedure. They have the authority to consider and rule on dispositive motions, such as motions to dismiss and motions for summary judgment. Each party has the right to conduct two depositions of the opposing party. The total time allotted for deposition discovery in connection with the arbitration should not exceed ten hours for each party. The arbitrator possesses the power to issue injunctions, attachments, and other equitable remedies, as well as to award compensatory damages. The arbitrator does not have the authority to award consequential, punitive, trebled damages, or any other form of enhanced damages. The prevailing party in the arbitration has the right to receive an award of attorneys' fees and costs. The arbitrator's decision is final and binding, and any party involved in the dispute, including Lucky Find, can seek to confirm the arbitrator's award in a state or federal court with jurisdiction in Las Vegas, Arizona. They can also enforce the award as a judgment. Except for filing a judicial action to confirm, modify, vacate, or enforce an arbitrator's award, including the award of an injunction or attachment, which is allowed, any party that initiates litigation or arbitration without first attempting mediation forfeits any and all entitlement to attorneys' fees and costs as the prevailing party. Furthermore, they must reimburse any other party in the litigation, including Lucky Find, for their litigation costs, including attorneys' fees and costs.
Notices to Lucky Find: In order to be considered valid, notices must be sent through the contact page and via certified mail, with a return receipt requested, to Lucky Find, Attention Legal Department, at 7440 Dean Martin Dr #204, Las Vegas, NV 89139, or to any other address that may be specified from time to time.
Notices to User: Notices intended for the User will be sent via email to the email address provided in the User's registration information. Notices to the User will be deemed received 24 hours after the email is sent. Notices to Lucky Find will be considered given three days after the mailing date when sent by certified mail, with a return receipt requested.
Termination: This Agreement between You and Lucky Find remains legally binding until either party terminates it. Lucky Find holds the authority to terminate the agreement at any time, without notice, at our sole discretion. If you become dissatisfied with the Service or the Website in any manner, your only option is to immediately cease using the Service.
Jurisdiction: This Agreement shall be governed by the laws of the State of Arizona.
Copyright and Trademarks: The trademarks, trade names, and all materials found on this Website, including its design, text, graphics, and all associated intellectual property rights, are the exclusive property of Lucky Find or its licensors. Any use of this property for any other purpose, on any other website, or the modification, distribution, or republication of this material without prior written permission from Lucky Find is strictly prohibited.
Survival: If any provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, it shall be enforced to the maximum extent allowed to fulfill the intent of this Agreement, while the remaining provisions shall remain in full force and effect. The failure of either you or Lucky Find to exercise or enforce any rights or provisions in this Agreement shall not be considered a waiver of such rights or provisions. You agree that any cause of action arising from the Service or this Agreement must be initiated within six (6) months after the cause of action arose; otherwise, it is permanently barred. This Agreement represents the entire agreement between you and Lucky Find, superseding any previous agreements regarding the subject matter herein. All provisions relating to representations and warranties, indemnification, disclaimers, and limitations on liability shall survive the termination of this Agreement.
Export Control Laws: Materials and Services obtained from this Website may be subject to export laws of the United States and other countries. It is your responsibility to comply with these laws, including obtaining any necessary export, re-export, or import authorizations as required by U.S. or local laws. You are prohibited from using the Materials or Services to develop or produce missile, chemical/biological, or nuclear weaponry. Additionally, you must not provide Materials or Services to countries and entities prohibited by U.S. export regulations. By accepting these Terms, you confirm that you are not a resident or citizen of any country currently under U.S. embargo. A list of embargoed countries can be found on the official website of the Office of Foreign Assets Control of the U.S. Department of the Treasury at: www.treas.gov/ofac.
Notice to U.S. Government Users: The Select products and services available on this Site are considered commercial in nature. Therefore, the software and Materials on this Site are classified as "Commercial Items" according to 48 C.F.R. §2.101, which includes "Commercial Computer Software" and "Commercial Computer Software Documentation." U.S. Government end users are granted the same rights as other end users under the terms and conditions outlined here, in accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable.
Entire Agreement: These Terms constitute the entire agreement between Lucky Find and customers, users, Sellers, and bidders regarding the use of this Website. No other terms, whether expressed or implied, will apply unless specifically referenced in these Terms.
Waiver and Severability of Terms: The failure of Lucky Find to exercise or enforce any right or provision stated in the Terms does not waive that right or provision. If a court of competent jurisdiction determines that any provision of the Terms is invalid, the parties agree that the court should strive to fulfill the parties' intentions as reflected in the provision, and the remaining provisions of the Terms will remain valid and in effect.
Statute of Limitations: Despite any contrary statute or law, you agree that any claim or cause of action arising from the use of the Services or the Terms must be filed within one (1) year after the claim or cause of action arose, or it will be permanently barred.