CA LIVE Terms of Use

These Terms of Use (“Terms”) are a binding agreement between you and Community Auctions (“Community Auctions,” “Company,” “we,” “us,” or “our”) governing your access to and use of CA LIVE, including its website, accounts, auction listings, bidding tools, communications, and related services (“Services”). By accessing the Services, creating an account, or using CA LIVE, you agree to these Terms and the CA LIVE Auction Policy, Privacy Policy, and Shipping Policy, which are incorporated by reference.

You must be at least 18 years old and able to form a binding contract. You agree to provide accurate, current, and complete registration information and to update it when it changes. You are responsible for safeguarding your account credentials and all activity under your account. Notify us promptly at info@communityauctions.com if you suspect unauthorized use.

You may not create multiple accounts to evade restrictions, manipulate auctions, or avoid payment obligations. We may request identity or payment verification, impose transaction limits, restrict features, or suspend or terminate accounts where reasonably necessary for security, fraud prevention, legal compliance, or enforcement of these Terms.

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services to violate any law, regulation, court order, or third-party right.
• Submit false, misleading, fraudulent, or unauthorized information or payment details.
• Interfere with, disrupt, damage, or compromise the Services, servers, security, or other users’ access.
• Use bots, scripts, scraping tools, or automated systems to access, monitor, or interact with the Services without our prior written permission.
• Circumvent rate limits, account restrictions, authentication, security features, or technical controls.
• Engage in shill bidding, bid manipulation, collusion, coordinated bidding, or other conduct prohibited by the Auction Policy.
• Upload malware, malicious code, or content that is unlawful, infringing, threatening, or abusive.
• Impersonate another person or misrepresent your affiliation with a person or organization.

We may investigate suspected violations and take proportionate action, including removing content, cancelling bids or transactions where permitted, limiting access, suspending accounts, or referring suspected unlawful activity to appropriate authorities.

Bidding, winning bids, payments, fees, taxes, cancellations, returns, and auction-specific rules are governed by the CA LIVE Auction Policy. Shipping, delivery, insurance, and claims are governed by the CA LIVE Shipping Policy. The applicable auction listing may contain additional Lot-specific disclosures.

The platform will display a one-time $0.50 registration fee for each payment card used to register. The Auction Policy explains the fee and when it applies. CA LIVE does not charge a 15% buyer’s premium under the current Auction Policy. Any other fee must be disclosed before you commit to the applicable transaction.

CA LIVE uses third-party service providers, including the Shopify platform and payment processors, to support account, checkout, payment, hosting, fraud prevention, and related functions. Your use of a third-party payment method may also be subject to the provider’s terms and privacy policy. Community Auctions does not control the independent systems or policies of third-party providers.

You authorize charges only as described in the payment authorization presented at registration or checkout and the Auction Policy. Do not provide payment information unless you are authorized to use the payment method.

The Services and their content, including text, graphics, logos, photographs, videos, designs, software, page layouts, and compilations, are owned by Community Auctions or its licensors and are protected by intellectual property laws. You may use the Services for personal, noncommercial participation in CA LIVE auctions. You may not copy, reproduce, distribute, publicly display, modify, create derivative works from, sell, or exploit Services content except as expressly permitted by law or with our prior written permission.

Trademarks, names, logos, and product marks appearing on the Services belong to their respective owners. Their appearance does not necessarily imply sponsorship, endorsement, or affiliation.

If you submit questions, reviews, feedback, photographs, or other material to us, you represent that you have the right to provide it and that it does not violate another person’s rights or applicable law. You grant Community Auctions a nonexclusive, worldwide, royalty-free license to use, reproduce, and display the submission as reasonably necessary to operate, support, improve, and promote the Services, subject to the Privacy Policy and any separate written agreement. We will obtain any additional consent required before using a testimonial or identifiable customer content in advertising.

Operational messages about registration, account security, bids, invoices, payments, shipping, and customer service may be sent as necessary to provide the Services. Marketing emails and marketing text messages are subject to the consent and opt-out requirements described in the Privacy Policy and the SMS Terms below.

Program description

If you separately opt in, Community Auctions may send text messages related to CA LIVE, including account verification, registration, auction reminders, bid and outbid alerts, winning-bid notices, payment reminders, shipping updates, customer support, and promotional messages only where the relevant marketing consent has been obtained.

Consent and frequency

Consent to receive marketing text messages is not a condition of purchase. By entering your mobile number and affirmatively checking or otherwise accepting a clearly worded SMS consent disclosure, you authorize Community Auctions to send the categories of messages described in that disclosure using the messaging technology identified there. Message frequency varies. Message and data rates may apply. Your mobile carrier is not responsible for delayed or undelivered messages.

Opt-out and help

You may opt out of text messages at any time by replying STOP to a message. We may send a one-time confirmation of your opt-out. For assistance, reply HELP or contact info@communityauctions.com. Opting out of marketing texts does not necessarily stop essential transactional communications that are necessary to service an existing account, bid, order, or legal obligation, where permitted by law. Where a message category requires consent, we will honor applicable revocation requests.

No sharing of SMS consent for third-party marketing

We do not sell or share mobile number, SMS opt-in, or SMS consent records with third parties or affiliates for their own marketing or promotional purposes. We may disclose such information to service providers that help us deliver messages, subject to restrictions on their use, or when required by law.

Separate consent

A phone number supplied for account, shipping, or customer-service purposes does not by itself constitute consent to receive marketing text messages. Marketing SMS consent must be separately and clearly obtained and recorded.

Our collection and use of personal information is described in the CA LIVE Privacy Policy. The Privacy Policy should identify the actual platform, payment processors, analytics, advertising, messaging, and other vendors used by CA LIVE. By using the Services, you acknowledge that your information will be handled as described in that policy.

The Services may contain links to third-party websites or services. We provide those links for convenience and do not control or endorse third-party content, products, services, terms, or privacy practices. Your use of third-party services is at your own discretion and subject to their terms.

We aim to keep CA LIVE available and functioning, but the Services may be interrupted or affected by maintenance, internet or telecommunications failures, hosting or software errors, cyber incidents, power outages, high traffic, or events beyond our reasonable control. We do not guarantee uninterrupted, error-free, or continuous availability.

If a material outage, software malfunction, data error, or other technical issue affects an auction, Community Auctions may pause, extend, restart, correct, or cancel the affected auction or Lot, or take another reasonable action consistent with the Auction Policy and applicable law. We may investigate suspected security incidents and restrict access while doing so. You should not rely solely on an automated notification or display if the platform is experiencing a known technical problem.

To the maximum extent permitted by law, the Services are provided “as is” and “as available.” Community Auctions disclaims implied warranties to the extent they may lawfully be disclaimed, including implied warranties of merchantability, fitness for a particular purpose, and noninfringement. We do not warrant that the Services will be uninterrupted, secure, error-free, or compatible with every device or browser.

Nothing in these Terms excludes a warranty, representation, or consumer right that cannot legally be excluded. Descriptions and disclosures for individual Lots are governed by the Auction Policy and applicable law.

To the maximum extent permitted by applicable law, Community Auctions and its owners, officers, employees, agents, affiliates, contractors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, loss of goodwill, or business interruption, arising from or related to the Services or these Terms.

To the maximum extent permitted by law, Community Auctions’ aggregate liability arising from a particular Lot or transaction will not exceed the amount actually paid to Community Auctions for that Lot. For claims unrelated to a particular purchase, our aggregate liability will not exceed $100. These limitations do not apply to liability that cannot legally be limited, including any liability that applicable law prohibits us from disclaiming or limiting.

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Community Auctions and its owners, officers, employees, agents, affiliates, contractors, and service providers from third-party claims, liabilities, damages, losses, and reasonable expenses (including attorneys’ fees) arising from your unlawful conduct, misuse of the Services, violation of these Terms, infringement of another person’s rights, or fraud. This provision does not require you to indemnify us for our own conduct to the extent prohibited by law.

We may suspend or terminate your access to all or part of the Services if we reasonably believe you have violated these Terms or the Auction Policy, created a security or legal risk, failed to pay amounts properly due, or engaged in fraud or abusive conduct. Where reasonably practicable, we may provide notice and an opportunity to address the issue. Termination does not cancel payment obligations already incurred or affect provisions that by their nature should survive termination.

These Terms are governed by the laws of the State of Arkansas, without regard to conflict-of-law rules, except where applicable law requires otherwise. Any lawsuit that is not subject to mandatory arbitration (if a valid arbitration agreement is later adopted) must be brought in a state or federal court with jurisdiction in Arkansas, unless applicable law gives you the right to bring the claim elsewhere. You and Community Auctions submit to the personal jurisdiction of those courts to the extent permitted by law.

No arbitration agreement, class-action waiver, or jury-trial waiver is created by this section. If Community Auctions later elects to use arbitration, it must be presented in a separate, conspicuous agreement and reviewed by counsel before implementation.

We may revise these Terms from time to time. The updated version will show a revised date and will become effective when posted, unless a later effective date is stated. Material changes will be communicated through the Services or by other reasonable means. Changes will not retroactively alter a completed transaction except as permitted by law. Continued use after the effective date constitutes acceptance of the revised Terms where legally effective; where affirmative consent is required, we will request it.

If any provision is found unenforceable, the remaining provisions will remain in effect to the extent possible. Our failure to enforce a provision is not a waiver. You may not assign your rights or obligations under these Terms without our written consent. We may assign these Terms in connection with a merger, reorganization, or sale of assets. These Terms, together with the policies incorporated by reference and any applicable auction-specific terms, form the agreement concerning your use of CA LIVE. They do not create an agency, partnership, joint venture, or employment relationship.

Community Auctions

141 Hill Country Lane
Hot Springs Village, AR 71909
United States

Email: info@communityauctions.com