Terms of Use

1. Agreement to these Terms

These Terms of Use (the "Terms") are a binding agreement between you and Auction Arkansas ("Auction Arkansas," "we," "us"), the operator of auctionarkansas.com. They govern your access to and use of auctionarkansas.com and related services (the "Platform").

By creating an account, placing a bid, listing a sale, or otherwise using the Platform, you accept these Terms. If you do not agree, do not use the Platform.

2. What Auction Arkansas is — and is not

Auction Arkansas is an online auction marketplace: software that hosts timed online auctions conducted by independent, licensed Arkansas auctioneers and auction companies ("Auctioneers" or "Sellers"). Each auction is conducted by the Auctioneer identified on the sale, who is the auctioneer of record and the seller (or the seller's agent) for every lot in it.

Auction Arkansas does not own, possess, appraise, authenticate, or sell the items listed; does not set hammer prices, reserves, buyer's premiums, or sale terms; and is not a party to the contract of sale formed between a winning bidder and an Auctioneer. Auction Arkansas is not an auctioneer and does not conduct auctions.

Auction Arkansas never collects, holds, or transmits bidders' purchase money. All payments for items flow directly from buyer to Auctioneer, through payment methods the Auctioneer controls.

3. Eligibility and accounts

You must be at least 18 years old and able to form a binding contract. You agree to provide accurate, current registration information — including your legal name and address — and to keep it updated. You are responsible for all activity under your account and for keeping your credentials secure.

One account per person. Auctioneers must use a separate bidder account for any personal bidding on other companies' sales; accounts that own an auction company cannot place bids (this is enforced by the Platform).

We may suspend, restrict, or terminate accounts that violate these Terms, fail to pay for won lots, or undermine fair bidding — including a platform-wide bidding block.

4. Auctioneer accounts

Selling on the Platform is limited to auctioneers and auction companies holding a current, valid Arkansas auctioneer or auction-house license. License details are collected at registration and verified by Auction Arkansas before a first sale may be published; publication is blocked while a license is unverified or expired.

Auctioneers are additionally bound by the Auction Arkansas Platform Services Agreement, a separate agreement between Auction Arkansas and the Auctioneer, which governs fees, payment processing, refunds, chargebacks, tax collection and remittance, and related responsibilities. As between Auction Arkansas and the Auctioneer, the Auctioneer is solely responsible for the conduct of its sales, the accuracy of its listings, collection of payment, sales-tax compliance, refunds, and chargebacks.

5. Bidding is binding

Every bid is a binding, irrevocable offer to purchase the lot at up to the amount bid, under the sale's disclosed terms. This includes maximum ("proxy") bids: when you set a maximum, the Platform bids on your behalf in the standard increments, only as high as needed to keep you in the lead, and never above your maximum. Your maximum is confidential and is not disclosed to other bidders while it is leading.

Bid increments follow the published ladder (see How Bidding Works). If two bidders hold equal maximums, the earlier bid leads. Maximum bids can be raised but never lowered.

Closing times extend automatically when bids arrive in the closing window (a "soft close"), per the timing disclosed on each sale. Lots close in staggered sequence.

Some lots carry a confidential seller reserve. A lot whose reserve is not met does not sell; the Platform displays only whether a reserve is met, never its amount.

Before your first bid in each sale you must accept that sale's terms — including the buyer's premium, sales tax, and pickup requirements — which form part of your contract with the Auctioneer.

An Auctioneer may withdraw a lot before it closes; a withdrawn lot does not sell and any bids on it are void. Scheduled sales may be publicly viewable before bidding opens; watching a lot creates no obligation.

6. Winning, invoices, and payment

If you are the high bidder when a lot closes (and any reserve is met), you have purchased the lot. After the sale is settled, you will receive an invoice for your winning lots totaling the hammer price(s) plus the disclosed buyer's premium and applicable sales tax.

Where the Auctioneer offers card payment, a disclosed card convenience fee may apply, which you can avoid by paying cash at pickup. Card payments are processed by the Auctioneer's own payment processor (e.g., Stripe or Square); Auction Arkansas never receives or holds your payment card details or your payment.

Payment is due under the sale's terms. Failure to pay may result in: cancellation of your purchase, forfeiture of the items, a platform-wide bidding block, blocking by individual Auctioneers, and any remedies the Auctioneer has against you at law. You remain liable to the Auctioneer for amounts owed.

7. Saved payment methods

If you choose to save a payment card, you authorize the Platform's payment processor to store it securely and — for each sale whose terms you accept — you authorize the Auctioneer conducting that sale to charge your saved card for your winning invoices after the sale is settled, without further action by you.

Before any such charge, you will receive notice with a stated window (no less than 24 hours) in which you may elect instead to pay cash at pickup; electing cash cancels the pending charge. If a charge is declined, the invoice remains payable by the sale's other payment methods. You may remove a saved card at any time, which ends this authorization for future sales.

8. Pickup; condition of items

All items are sold by the Auctioneer AS-IS, WHERE-IS, with all faults, unless the sale's terms state otherwise. Descriptions and photographs are provided by the Auctioneer; inspect during any preview the Auctioneer offers. Auction Arkansas makes no representation about any item.

Pickup dates, times, and requirements are set by the Auctioneer and shown on the sale. The exact pickup address is shared only with winning bidders after the sale is settled — on the winner's invoice and by notification. Items not paid for or not collected within the sale's stated window are handled under the Auctioneer's terms, which may include forfeiture and resale.

9. Fair play and platform integrity

The following are prohibited for all users: shill bidding or bidding on your own lots (directly or through others); bid manipulation or collusion; bidding without intent to pay; interfering with the operation of the Platform; scraping or automated bidding; harassment of any user; and any unlawful use.

Integrity measures you should know about: seller accounts cannot bid anywhere on the Platform; an Auctioneer's ability to view the leading maximum bids on its own sale is recorded in a permanent audit log; visible prices never decrease; and bid records are append-only. Auction Arkansas may investigate, cancel bids or sales, block bidders, and remove Auctioneers to protect a fair auction, at its discretion.

10. Content and intellectual property

Auctioneers grant Auction Arkansas a non-exclusive, royalty-free license to host, display, and promote their listings, photographs, and sale information on and off the Platform (including social previews and marketing of the sale). Auctioneers represent they have the right to the content they upload.

The Platform, its software, design, and the Auction Arkansas name and marks belong to us or our licensors. No license to them is granted beyond use of the Platform as intended.

11. Communications

You consent to receive transactional communications about your activity — such as outbid alerts, invoices, payment reminders, pickup information, and account notices — in-app and by email. Auctioneers may send marketing messages to audiences that opted in or transacted with them; marketing messages will include an unsubscribe mechanism.

12. Privacy

Our Privacy Policy explains what we collect and how it is used and shared, including what winning bidders and Auctioneers see about each other. It is part of these Terms.

13. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, AUCTION ARKANSAS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT — BOTH AS TO THE PLATFORM AND AS TO ANY ITEM SOLD BY AN AUCTIONEER.

Auction Arkansas does not guarantee continuous or error-free operation, that bids will be received or recorded in every circumstance (including outages, device failures, or connectivity loss), or the conduct of any buyer or seller.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AUCTION ARKANSAS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, ARISING FROM OR RELATING TO THE PLATFORM OR ANY SALE CONDUCTED ON IT. AUCTION ARKANSAS'S TOTAL LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF $100 OR THE PLATFORM FEES PAID TO AUCTION ARKANSAS BY YOU IN THE 12 MONTHS BEFORE THE CLAIM AROSE.

Nothing in these Terms limits liability that cannot lawfully be limited.

15. Indemnification

You agree to indemnify and hold Auction Arkansas harmless from claims, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Platform, your breach of these Terms, your listings or bids, or any transaction between you and another user. For Auctioneers, this includes claims relating to items sold, sales conduct, tax obligations, refunds, and chargebacks.

16. Termination

You may close your account at any time (bidder accounts include a self-serve deletion tool; accounts with unpaid invoices or leading bids on open lots must resolve them first). We may suspend or terminate access as described in these Terms. Sections that by their nature survive — including payment obligations, content licenses, disclaimers, limitations, indemnities, and dispute terms — survive termination.

17. Governing law and disputes

These Terms are governed by the laws of the State of Arkansas, without regard to conflict-of-law rules. Venue for any dispute lies in the state or federal courts located in Saline County, Arkansas, and the parties consent to their jurisdiction.

18. General

These Terms, the Privacy Policy, each sale's disclosed terms, and (for Auctioneers) the Platform Services Agreement are the entire agreement between you and Auction Arkansas about the Platform. If a provision is unenforceable, the remainder stands. We may assign this agreement in connection with a merger, acquisition, or sale of assets; you may not assign it. Our failure to enforce a provision is not a waiver.

19. Changes to these Terms

We may update these Terms as the Platform evolves. Material changes will be posted on this page with a new effective date, and continued use after the effective date is acceptance. Changes do not apply retroactively to sales already closed.

20. Contact

Questions about these Terms: contact Auction Arkansas via the Contact page at auctionarkansas.com/contact.