Terms & Conditions

1. Acceptance of Terms

Welcome to the Estate Sales by Jesod online auction platform, operated by Estate Sales by Jesod, LLC, a New Hampshire limited liability company.

These Terms and Conditions, together with any auction-specific terms, lot-specific disclosures, posted pickup instructions, invoice terms, and our Privacy Policy, form a binding agreement between Estate Sales by Jesod, LLC, including its owners, employees, contractors, agents, affiliates, and service providers, referred to in these Terms as “ESBJ,” “we,” “us,” or “our,” and each person or entity accessing or using the Platform, referred to as “User,” “Bidder,” “Buyer,” “you,” or “your.”

By registering for an account, logging in, placing a bid, winning a Lot, paying an invoice, scheduling pickup, requesting shipping, contacting ESBJ through the Platform, or otherwise using the Platform, you agree to be bound by these Terms. If you do not agree, you must not register, bid, purchase, or use the Platform.

If any auction-specific terms conflict with these general Terms, the auction-specific terms will control only for that specific auction or Lot. ESBJ reserves the right to update these Terms at any time as described below.

2. Definitions

Other terms may be defined where they appear in these Terms. Headings are for convenience only and do not limit or expand the meaning of any provision.

3. Eligibility and Account Registration

To register, bid, purchase, or otherwise use the Platform, you represent and warrant that you:

• Are at least 18 years of age.
• Have the legal authority and capacity to enter into binding contracts.
• Will provide accurate, current, and complete registration and billing information.
• Will maintain a valid email address, phone number, billing address, and payment method when required.
• Are not prohibited from using the Platform under any applicable federal, state, or local law.
• Will comply with all laws applicable to your bidding, purchasing, possession, transportation, use, resale, or disposal of any item you purchase.

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. ESBJ is entitled to treat all activity under your account as authorized by you unless you notify us promptly of unauthorized access.

ESBJ may refuse registration, suspend bidding privileges, cancel bids, void transactions, restrict access, or terminate accounts at its sole discretion, including for non-payment, suspected fraud, abusive conduct, chargeback abuse, policy violations, inaccurate information, attempted bid manipulation, or any other conduct ESBJ determines may harm the Platform, ESBJ, a Consignor, another User, or the integrity of an Auction.

4. Auction Process, Listings, and Descriptions

4.1 Online Auction Format

ESBJ conducts ESBJ-managed online estate auctions, downsizing auctions, moving sales, estate liquidations, estate buyouts, cleanouts, and related sale events. Auction creation, event setup, photography, listing preparation, and auction administration are handled by ESBJ or its authorized team. Public buyer accounts are for browsing, bidding, purchasing, payment, pickup, and related buyer activity only. Auction details, including dates, times, Lot descriptions, preview options, pickup windows, shipping availability, Buyer’s Premium, and other terms, will be posted on the Platform or otherwise communicated by ESBJ.

4.1A No Public Seller Marketplace

The Platform is not an open public marketplace. Unless ESBJ expressly grants written authorization, Users may not create Auctions, create Events, upload Lots, offer items for sale, represent themselves as sellers on the Platform, or otherwise use the Platform to sell property directly to the public.

4.2 Lot Descriptions and Photographs

Lot descriptions, photographs, measurements, weights, estimates, condition statements, brand names, model numbers, age, materials, provenance, and any other information are provided as a convenience and are based on information reasonably available to ESBJ at the time of listing. While ESBJ makes good-faith efforts to describe Lots accurately, estate property is often used, vintage, antique, incomplete, untested, previously repaired, or otherwise subject to unknown conditions.

Photographs are part of the description but may not show every angle, defect, scratch, chip, crack, stain, missing part, mechanical issue, odor, repair, alteration, or other condition. Color, size, scale, texture, and finish may appear different due to lighting, screen settings, photography, or device display.

4.3 Inspection and Preview

Bidders are strongly encouraged to inspect Lots in person during any scheduled preview period, review all photographs, read the complete listing, ask questions before bidding, and satisfy themselves as to condition, authenticity, completeness, suitability, safety, and value. Failure to inspect does not create a right to cancel a bid, refuse payment, return an item, or receive a refund.

4.4 Changes, Corrections, and Lot Withdrawal

ESBJ may update descriptions, add photographs, correct errors, modify terms, combine Lots, divide Lots, withdraw Lots, extend bidding, reopen bidding, cancel a sale, or void a transaction at any time if ESBJ determines that doing so is necessary or appropriate due to error, omission, title concern, reserve issue, technical issue, fraud concern, safety concern, legal restriction, Consignor instruction, or other circumstances.

5. Bidding Rules

5.1 Binding Offers

Every Bid placed through the Platform is a binding offer to purchase the Lot at the Bid amount, subject to these Terms and any auction-specific terms. Bids may not be retracted, canceled, or changed by the Bidder after submission unless ESBJ expressly agrees in writing, which ESBJ may withhold at its sole discretion.

5.2 Bidder Responsibility

Before placing a Bid, you are responsible for confirming the Lot, quantity, description, condition, general pickup area, pickup deadline, whether shipping has been expressly offered or pre-approved, total cost, Buyer’s Premium, taxes, and any applicable fees. You are responsible for all Bids placed from your account, whether intentional, accidental, or unauthorized, unless ESBJ determines otherwise in its sole discretion.

5.3 Maximum Bids and Automatic Bidding

The Platform may use automatic incremental bidding. When you enter a maximum bid, the Platform may bid on your behalf in increments determined by ESBJ or the Platform, up to your maximum amount. The display of current bids, minimum next bids, and bid increments is controlled by the Platform and may change based on auction settings.

5.4 Soft Close / Anti-Sniping

ESBJ may use a “soft close” or anti-sniping feature. If a Bid is placed near the scheduled closing time, the closing time may automatically extend for that Lot or related Lots. Extension rules may vary by auction and will be controlled by the Platform settings or posted auction terms.

5.5 Reserve Prices and Passed Lots

Some Lots may be subject to a confidential reserve price. If a reserve is not met, the Lot may not be sold even if bidding appears to close with a high Bid. ESBJ may accept, reject, or negotiate post-auction offers for unsold Lots at its discretion and subject to Consignor approval when applicable.

5.6 Right to Reject or Void Bids

ESBJ reserves the right to reject, cancel, or void any Bid or sale if ESBJ determines that the Bid or transaction may involve error, fraud, collusion, shill bidding, bid manipulation, non-payment risk, technical failure, platform malfunction, violation of these Terms, or any other circumstance affecting the fairness or integrity of the Auction.

6. Buyer’s Premium, Taxes, and Fees

The highest valid Bid accepted at the close of a Lot, subject to reserve and ESBJ approval, is the Hammer Price. The total Purchase Price owed by the winning Bidder may include:

• The Hammer Price.
• A Buyer’s Premium, commonly 15% to 18%, or another percentage disclosed for a specific auction.
• Applicable sales tax or other taxes required by law.
• Shipping, handling, packing, insurance, carrier, or third-party shipping fees when shipping is available.
• Storage, late pickup, disposal, labor, removal, loading, processing, payment-processing, or administrative fees where applicable or disclosed.
• Any other fees listed in the auction-specific terms, Lot description, invoice, or checkout process.

Sales tax will be collected where required by applicable law. Buyers claiming resale or tax-exempt status must provide valid and complete documentation before checkout or within the timeframe required by ESBJ. ESBJ is not required to retroactively remove or refund sales tax if valid exemption documentation is not provided before payment is processed.

7. Payment Terms

7.1 Payment Deadline

Payment is due in full within 24 hours after the close of the Auction unless a different deadline is posted for a specific Auction or approved in writing by ESBJ. Winning Bidders are responsible for checking their email, account, invoice, and spam/junk folders after the Auction closes.

7.2 Accepted Payment Methods

Accepted payment methods may include credit card, debit card, ACH, electronic payment, or other methods displayed at checkout or approved by ESBJ. Cash, check, wire transfer, or other payment methods may be accepted only if expressly approved by ESBJ in advance. ESBJ may refuse any payment method at its discretion.

7.3 Authorization to Charge

By registering, bidding, providing payment information, or winning a Lot, you authorize ESBJ and its payment processors to charge your payment method for the full Purchase Price, including Buyer’s Premium, taxes, approved shipping, storage fees, late pickup fees, administrative fees, chargeback-related costs, and any other amounts owed under these Terms.

7.4 Non-Payment

If you fail to pay on time, ESBJ may, without limiting any other remedy:

• Charge your payment method on file.
• Cancel your purchase and retain or resell the Lot.
• Assess late fees, storage fees, administrative fees, or collection costs.
• Suspend or permanently terminate your bidding privileges.
• Report the account as a non-paying bidder.
• Refer the balance to collections.
• Pursue legal action for the amount owed, deficiency after resale, costs, interest, and reasonable attorneys’ fees.

7.5 Chargebacks and Payment Disputes

If you believe there is an invoice error, duplicate charge, unauthorized charge, or other payment issue, you agree to contact ESBJ promptly and in good faith before initiating a chargeback or payment dispute. Filing a chargeback without first attempting to resolve the issue with ESBJ may result in immediate suspension of your account, cancellation of pending pickups or shipments, collection action, and recovery of chargeback fees and related costs where permitted by law.

Nothing in these Terms is intended to waive any non-waivable consumer rights you may have under applicable law. However, because auction purchases are final and as-is, dissatisfaction, buyer’s remorse, failure to inspect, missed pickup, change of mind, or disagreement with value is not a valid basis to refuse payment or initiate a chargeback.

8. Pickup, Removal, and Abandoned Property

8.1 Local Pickup

Most ESBJ auctions are local-pickup-only unless shipping is specifically offered for a Lot or Auction or pre-approved by ESBJ in writing before bidding. Pickup dates, times, general location information, exact winner-only address details, instructions, and requirements will be posted in the Auction details, invoice, email notice, or other communication from ESBJ.

Buyers must pick up items only during the scheduled pickup window unless ESBJ approves alternate arrangements in writing. Pickup locations may be private residences, estate properties, storage locations, commercial spaces, or other sites. For privacy and security, exact pickup addresses may be withheld from public view and provided only to winning Buyers. Buyers must respect all posted instructions, parking rules, traffic rules, safety directions, property boundaries, and staff instructions.

8.1A Pickup Address Privacy

To protect private homes, estates, families, property owners, and pickup locations, ESBJ may display only a general pickup area publicly. The exact pickup address and detailed instructions may be provided only to winning Buyers through invoice, email, account notice, or other ESBJ communication after the Auction closes.

8.2 Buyer Must Bring Labor, Tools, and Materials

Unless expressly stated otherwise, Buyers are solely responsible for bringing all labor, vehicles, dollies, hand trucks, boxes, packing materials, blankets, straps, tools, disassembly equipment, and other resources needed to safely remove their purchases. ESBJ staff are not obligated to lift, load, move, disassemble, pack, wrap, or transport items.

8.3 Risk During Pickup

Buyers assume all risk of injury, damage, loss, theft, breakage, or other harm arising from pickup, loading, removal, transportation, or handling of purchased items. Buyers are responsible for any damage they cause to real property, personal property, vehicles, other Buyers’ items, ESBJ property, Consignor property, or third-party property during pickup or removal.

8.4 Failure to Pick Up / Abandonment

Items not picked up by the published deadline will be considered abandoned unless ESBJ has approved other arrangements in writing. Abandoned items may be stored, moved, donated, discarded, recycled, resold, or otherwise disposed of at ESBJ’s sole discretion. No refund will be issued for abandoned items, and the Buyer remains responsible for the full Purchase Price and any related storage, labor, transportation, disposal, or administrative costs.

9. Shipping

Shipping is not guaranteed and is available only when expressly stated for a Lot or Auction or when ESBJ confirms shipping availability in writing for that specific Lot before bidding. ESBJ is primarily a local-pickup auction platform. Many estate auction items are not suitable for shipping due to size, weight, fragility, value, age, material, packaging limitations, carrier restrictions, legal restrictions, staffing, timing, location, or cost.

9.1 Shipping Costs

Buyers are responsible for all shipping, packing, handling, insurance, carrier, third-party shipper, storage, and related charges. Shipping quotes are estimates unless expressly stated otherwise. Final charges may differ based on actual size, weight, packaging needs, insurance, carrier rates, destination, or special handling.

9.2 Third-Party Shippers

ESBJ may refer Buyers to third-party shippers or allow Buyers to arrange their own shipping. Third-party shippers are independent businesses and are not agents, employees, or representatives of ESBJ. ESBJ is not responsible for a third-party shipper’s pricing, packing, handling, delay, damage, loss, refusal to ship, customer service, or performance.

9.3 Risk of Loss

Unless otherwise required by law, title and risk of loss pass to the Buyer when the item is picked up by the Buyer, released to the Buyer’s representative, delivered to a third-party shipper, or delivered to a carrier, whichever occurs first. ESBJ is not responsible for damage, loss, theft, delay, or carrier mishandling after release.

9.4 No Shipping Guarantee

ESBJ may decline to ship any item, even after a request, if ESBJ determines that the item is too fragile, too large, too heavy, restricted, unsafe, impractical, not pre-approved, or otherwise unsuitable for shipping. If a Buyer bids assuming shipping is available and ESBJ has not confirmed shipping in writing before bidding, the Buyer remains responsible for payment and pickup. If shipping is not available and the Buyer cannot pick up the item, the purchase may be treated as abandoned without refund.

10. Condition of Items and Disclaimer of Warranties

Without limitation, ESBJ disclaims all warranties of merchantability, fitness for a particular purpose, title, non-infringement, authenticity, genuineness, attribution, provenance, age, origin, condition, quality, rarity, completeness, safety, legality, functionality, working order, or resale value.

Estate property may be used, vintage, antique, damaged, incomplete, worn, repaired, modified, dusty, dirty, stained, faded, chipped, cracked, broken, missing parts, affected by odors, exposed to pets, smoke, moisture, pests, mold, mildew, chemicals, allergens, or environmental conditions, and may not comply with current safety standards, labeling standards, electrical standards, child-safety standards, or manufacturer recalls.

Any statement by ESBJ regarding condition, age, maker, artist, material, dimensions, weight, operation, value, authenticity, provenance, or history is an opinion only and not a guarantee. Bidders are responsible for making their own inspection, research, judgment, and risk assessment before bidding.

10.1 No Appraisal or Valuation Guarantee

ESBJ is not providing certified appraisals, insurance valuations, tax valuations, or investment advice unless expressly stated in a separate written agreement. Any estimate, comparable sale, price opinion, or descriptive statement is for general guidance only and does not guarantee market value, resale value, replacement value, or authenticity.

10.2 Tested / Untested Items

If an item is described as “tested,” “powers on,” or similar, that statement means only that ESBJ observed the described limited function at the time of listing. It does not mean the item is fully functional, safe, complete, reliable, calibrated, or suitable for any particular use. “Untested” means ESBJ has not verified functionality.

11. Special Categories and Legal Restrictions

Certain categories of property may be subject to additional legal, safety, age, licensing, transfer, shipping, pickup, registration, or documentation requirements. Buyers are solely responsible for complying with all applicable laws and restrictions before bidding, purchasing, possessing, transporting, using, reselling, or disposing of any item.

• Firearms, ammunition, and weapons: Sold only where lawful and subject to all federal, state, and local laws. Transfers may require a licensed dealer, background check, identification, waiting period, or refusal of transfer. ESBJ may cancel or refuse any weapon-related sale at its discretion.
• Vehicles, boats, trailers, and titled property: Buyers are responsible for title transfer, registration, taxes, inspections, insurance, towing, transportation, emissions compliance, and legal operation. Mechanical condition is not guaranteed.
• Coins, currency, jewelry, watches, bullion, and precious metals: Unless accompanied by independent certification expressly noted in the listing, authenticity, grade, gemstone quality, metal content, maker, or value is not guaranteed.
• Artwork, antiques, collectibles, signatures, and memorabilia: Attribution, artist, age, period, style, origin, signature, edition, and provenance are opinions only unless expressly supported by independent documentation included with the Lot.
• Electronics, appliances, tools, and equipment: Sold without warranty of safety or working order. Buyers should have items inspected by a qualified professional before use.
• Children’s items, baby items, furniture, safety equipment, and recalled goods: Buyers are responsible for checking recalls, safety standards, proper assembly, missing parts, expiration dates, and suitability before use.
• Hazardous materials, chemicals, medical items, prescription items, food, cosmetics, and consumables: Generally not sold or sold only with special restrictions. Buyers assume all risk and responsibility for lawful handling, use, storage, disposal, and compliance.
• Alcohol, tobacco, and age-restricted goods: Sold only where lawful and only to Buyers who meet all age, identification, licensing, and legal requirements.

ESBJ may require identification, proof of age, licensing, tax exemption documentation, transfer paperwork, shipping restrictions, or other documentation before releasing certain items. If the Buyer cannot legally receive, possess, transport, or transfer an item, ESBJ may cancel the sale without liability.

12. Returns, Refunds, and Disputes

12.1 Limited Material Misdescription Review

In the limited case where a Buyer believes a Lot was materially misdescribed, the Buyer must notify ESBJ in writing within three calendar days after pickup or delivery. The notice must include the invoice number, Lot number, clear photographs, a detailed description of the issue, and any supporting information.

A “material misdescription” means a substantial and objective discrepancy between the Lot as listed and the Lot as received, such as receiving a fundamentally different item. It does not include normal wear, used condition, hidden defects, incomplete condition, subjective opinions, value disputes, size perception, color variation, missed details visible in photographs, or conditions that could have been discovered through inspection.

12.2 ESBJ’s Discretionary Resolution

ESBJ will review reported issues in good faith. If ESBJ determines, in its sole discretion, that a resolution is appropriate, ESBJ may offer a refund, partial refund, credit, return authorization, resale option, or other resolution. No item may be returned without ESBJ’s prior written approval.

12.3 Maximum Remedy

ESBJ’s maximum liability for any claim involving a Lot is limited to the amount actually paid to ESBJ for that specific Lot. ESBJ is not responsible for transportation costs, labor, repair costs, lost resale opportunity, lost profits, appraisal differences, emotional distress, inconvenience, or consequential damages.

13. Role of ESBJ as Auctioneer and Agent

Unless expressly stated otherwise, ESBJ acts as auctioneer, broker, facilitator, and/or agent for the Consignor, Estate Client, Seller, or property owner. ESBJ is not necessarily the owner of the Lots being sold. ESBJ’s role is to organize, photograph, list, market, conduct, facilitate, and administer the Auction. Public buyer accounts do not create auction events or list their own items on the Platform.

ESBJ does not guarantee Consignor, Estate Client, Seller, or property owner representations, title, authenticity, condition, value, safety, legality, or history of any Lot, except to the extent expressly stated in a written agreement signed by ESBJ. ESBJ may rely on information provided by Consignors, family members, estate representatives, executors, trustees, owners, public records, labels, tags, receipts, documents, visible markings, or other sources believed to be reliable.

ESBJ reserves the right to bid on behalf of Consignors or Estate Clients where legally permitted and disclosed as required, enforce reserves, withdraw items, correct listings, reject bids, resolve bidding disputes, determine winning Bidders, and make final decisions regarding Auction administration.

14. Prohibited Conduct

Users agree not to:

• Bid without the intent or ability to pay.
• Use false, incomplete, or misleading account information.
• Create multiple accounts to manipulate bidding, evade suspension, obtain unfair advantage, or avoid payment obligations.
• Engage in shill bidding, bid shielding, bid rigging, collusion, price manipulation, or any conduct intended to interfere with fair bidding.
• Harass, threaten, abuse, defame, intimidate, or mistreat ESBJ staff, Estate Clients, Consignors, property owners, other Buyers, or third parties.
• Enter restricted areas, damage property, ignore pickup instructions, or create safety risks during preview or pickup.
• Use bots, scrapers, crawlers, automated tools, data mining, or unauthorized access methods.
• Attempt to hack, overload, disable, reverse engineer, disrupt, or interfere with the Platform.
• Upload malware, malicious code, misleading content, or unlawful material.
• Misrepresent tax-exempt status, identity, authority, location, age, licensing, or legal ability to purchase restricted items.
• Use the Platform for money laundering, fraud, illegal resale, stolen goods, prohibited goods, unauthorized listings, unauthorized event creation, or any unlawful purpose.

ESBJ may investigate suspected violations, cooperate with law enforcement, cancel bids, void sales, suspend accounts, deny pickup, restrict access, pursue payment, and seek any remedy available at law or equity.

15. Technology Disclaimer

Online bidding depends on internet access, devices, browsers, software, hosting providers, payment processors, email providers, SMS providers, third-party platforms, and other systems outside ESBJ’s complete control. ESBJ does not guarantee uninterrupted access, error-free operation, real-time bid display, email delivery, text delivery, payment processing, or availability of the Platform.

ESBJ is not liable for missed bids, late bids, failed bids, duplicate bids, incorrect display, connection loss, server outage, software error, browser issue, device issue, email filtering, payment processor failure, third-party platform failure, or other technical issue. Bidders are responsible for placing bids early enough to account for technical delays.

If ESBJ determines that a technical issue affected an Auction, ESBJ may, in its sole discretion, pause bidding, extend bidding, reopen a Lot, cancel bids, void a transaction, reschedule an Auction, or take other action ESBJ considers fair and appropriate.

16. Privacy and Electronic Communications

Your use of the Platform is also governed by ESBJ’s Privacy Policy, which describes how ESBJ may collect, use, store, disclose, and protect personal information. By using the Platform, you consent to ESBJ’s collection and use of information as described in the Privacy Policy.

By registering or bidding, you consent to receive electronic communications from ESBJ, including account notices, bid confirmations, outbid notices, invoices, payment reminders, winner-only pickup instructions, shipping communications where applicable, policy updates, auction announcements, and other transactional or promotional communications.

You may opt out of promotional communications where available, but you may not opt out of transactional communications necessary to administer your account, bids, purchases, invoices, pickup, shipping, disputes, or legal obligations.

17. Intellectual Property and Platform Content

All content on or created for the Platform, including photographs, videos, Lot descriptions, text, graphics, layout, design, logos, trademarks, service marks, icons, software elements, and brand elements, is owned by ESBJ, its licensors, or its service providers and is protected by copyright, trademark, and other intellectual property laws.

You may not copy, download, scrape, reproduce, distribute, modify, publish, sell, commercially exploit, or use Platform content without ESBJ’s prior written consent, except for personal, non-commercial use directly related to your participation in an Auction.

If you submit comments, questions, reviews, images, messages, or other content to ESBJ or the Platform, you grant ESBJ a non-exclusive, worldwide, royalty-free, transferable license to use, display, reproduce, store, edit, publish, and distribute that content in connection with operating, documenting, improving, defending, or marketing ESBJ’s business, subject to applicable privacy law.

18. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless ESBJ, its owners, officers, employees, contractors, agents, representatives, affiliates, service providers, Estate Clients, Consignors, property owners, and related parties from and against any claim, demand, loss, liability, damage, injury, judgment, penalty, fine, cost, or expense, including reasonable attorneys’ fees, arising out of or related to:

• Your use or misuse of the Platform.
• Your breach of these Terms or any auction-specific terms.
• Your violation of any law, regulation, ordinance, or third-party right.
• Your bidding, purchase, pickup, loading, removal, transportation, storage, use, repair, resale, donation, disposal, or transfer of any Lot.
• Your conduct during preview, pickup, shipping coordination, or communication with ESBJ.
• Your non-payment, chargeback, false information, or tax-exemption claim.
• Any injury, property damage, or loss caused by you, your guests, your agents, your movers, your contractors, or your representatives.

ESBJ reserves the right to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with ESBJ’s defense.

19. Limitation of Liability

In no event will ESBJ be liable for indirect, incidental, consequential, special, punitive, exemplary, or enhanced damages, including lost profits, lost resale value, lost opportunity, loss of use, repair costs, replacement costs, transportation costs, labor costs, appraisal differences, emotional distress, inconvenience, delay, business interruption, or third-party claims, even if ESBJ has been advised of the possibility of such damages.

The limitations in these Terms apply regardless of the legal theory asserted, including contract, warranty, tort, negligence, strict liability, misrepresentation, consumer protection, unjust enrichment, or any other theory, to the fullest extent permitted by law.

Some jurisdictions do not allow certain limitations or exclusions of liability. In such cases, the limitations will apply to the maximum extent permitted by applicable law.

20. Dispute Resolution, Binding Arbitration, and Class Action Waiver

20.1 Good-Faith Resolution First

Before initiating arbitration, litigation, chargeback, or any formal claim, you agree to first contact ESBJ in writing and provide a reasonable opportunity to investigate and resolve the issue. Your notice should include your full name, account email, invoice number, Lot number, a detailed explanation of the dispute, photographs if applicable, and the resolution you are requesting.

20.2 Binding Individual Arbitration

Except for claims that may be brought in small claims court or claims seeking emergency injunctive relief, any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, any Auction, any Bid, any Lot, any purchase, payment, pickup, shipping, or communication with ESBJ shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, or under another mutually agreed arbitration provider if AAA is unavailable or declines administration.

Arbitration shall take place in New Hampshire unless the parties agree otherwise or unless applicable law requires another location or remote proceeding. The arbitrator shall have authority to award any individual relief available under applicable law, subject to the limitations, disclaimers, and remedies stated in these Terms to the fullest extent permitted by law. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

20.3 Class Action and Jury Trial Waiver

20.4 Small Claims Court

Either party may bring an individual claim in small claims court if the claim qualifies and remains in that court. Small claims matters must be brought individually and may not be combined with class, representative, or mass claims.

20.5 Arbitration Opt-Out

You may opt out of this arbitration provision by sending written notice to ESBJ within 30 days after you first accept these Terms. The notice must state that you wish to opt out of arbitration and must include your full name, account email address, mailing address, and signature. Opting out of arbitration does not opt you out of any other provision of these Terms.

20.6 Severability of Dispute Terms

If any portion of this arbitration agreement or class action waiver is found unenforceable, the remaining portions shall remain in effect to the fullest extent permitted by law. If the class action waiver is found unenforceable as to a particular claim, that claim must proceed in court and not in arbitration, unless the parties agree otherwise.

21. Governing Law and Venue

These Terms and any dispute arising out of or related to the Platform, Auctions, Lots, Bids, purchases, pickup, shipping, or communications with ESBJ are governed by the laws of the State of New Hampshire, without regard to conflict-of-law principles, except where federal law or other mandatory law applies.

Subject to the arbitration provision above, any court action that is not required to be arbitrated shall be brought exclusively in the state or federal courts located in New Hampshire, and you consent to the personal jurisdiction and venue of those courts.

If you access the Platform from outside New Hampshire, you are responsible for complying with local laws that may apply to you. ESBJ makes no representation that the Platform, Auctions, or Lots are appropriate or available in every jurisdiction.

22. Miscellaneous Terms

22.1 Changes to These Terms

ESBJ may update these Terms from time to time. When updates are made, ESBJ may revise the “Last Updated” date and may provide notice through the Platform, by email, or by other reasonable means. Your continued use of the Platform after updated Terms are posted constitutes acceptance of the updated Terms.

22.2 Suspension and Termination

ESBJ may suspend or terminate your account, bidding privileges, pickup privileges, access to the Platform, or participation in any Auction at any time, with or without notice, if ESBJ determines that such action is appropriate. Termination does not relieve you of any payment obligation or other obligation incurred before termination.

22.3 Force Majeure

ESBJ is not liable for delay, failure, cancellation, interruption, or inability to perform caused by events beyond its reasonable control, including severe weather, natural disaster, fire, flood, pandemic, labor disruption, government action, utility outage, internet outage, platform failure, payment processor failure, carrier delay, property access issue, illness, emergency, or other force majeure event.

22.4 Entire Agreement

These Terms, together with the Privacy Policy, auction-specific terms, Lot-specific disclosures, invoices, and written instructions from ESBJ, constitute the entire agreement between you and ESBJ regarding the Platform and Auctions.

22.5 Severability

If any provision of these Terms is held invalid, unlawful, or unenforceable, the remaining provisions remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable where permitted by law.

22.6 No Waiver

ESBJ’s failure to enforce any provision of these Terms does not waive ESBJ’s right to enforce that provision later. Any waiver must be in writing and signed by ESBJ.

22.7 Assignment

You may not assign or transfer your rights or obligations under these Terms without ESBJ’s prior written consent. ESBJ may assign or transfer its rights and obligations at any time, including in connection with a merger, sale, reorganization, business transfer, or change of service provider.

22.8 Survival

Any provision that by its nature should survive termination shall survive, including payment obligations, as-is terms, warranty disclaimers, final-sale terms, indemnification, limitation of liability, dispute resolution, governing law, intellectual property, and miscellaneous provisions.

23. Contact Us

If you have questions about these Terms, an Auction, an invoice, pickup, shipping, or a dispute, please contact ESBJ before placing a bid or as soon as an issue arises.

24. Acknowledgment

If you do not understand or agree to these Terms, do not register, bid, purchase, pay, schedule pickup, request shipping, or use the Platform.