1. Acceptance of Terms; Binding Agreement
These Terms of Service (the “Terms” or “Agreement”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Auction Timepieces, Inc (“ATP,” “Company,” “we,” “us,” or “our”) governing your access to and use of ATP’s websites, applications, auction-style bidding interfaces, account features, communications tools, watch listings, content, and all related products, features, functionality, and services made available by or through ATP (collectively, the “Digital Services”).
By accessing or using the Digital Services, creating an account, submitting a Watch for consideration or listing, placing or attempting to place a Bid, authorizing a payment method, participating in an Auction, paying a Buyer’s Fee, communicating with another User through the Digital Services, or otherwise indicating your acceptance of these Terms, you acknowledge that you have read, understood, and agree to be bound by this Agreement and all policies and additional terms expressly incorporated herein by reference, including ATP’s Privacy Policy and any applicable listing, bidding, payment, checkout, communication, or promotional terms. If you do not agree to this Agreement in its entirety, you may not access or use the Digital Services.
If you access or use the Digital Services on behalf of a corporation, limited liability company, partnership, trust, dealership, investment fund, family office, or other legal entity, you represent and warrant that you have full authority to bind that entity to this Agreement, in which case “User,” “you,” and “your” shall refer to both you individually and the applicable entity. You remain personally responsible for your compliance with this Agreement and for all activity conducted through your account unless ATP expressly agrees otherwise in writing.
By using the Digital Services, you represent and warrant that you are at least eighteen (18) years of age, possess the legal capacity and authority to enter into this Agreement, and are not prohibited by applicable law from accessing or using the Digital Services, placing Bids, purchasing or selling Watches, or entering into transactions with other Users. The Digital Services are not intended for, and may not be used by, minors.
Your electronic acceptance of this Agreement, including by clicking an acceptance box, creating an account, submitting a Watch, placing a Bid, authorizing a payment method, or otherwise using the Digital Services, constitutes your legally binding signature and consent to transact electronically. Electronic records, notices, confirmations, and signatures shall have the same force and effect as original written documents and handwritten signatures to the fullest extent permitted by applicable law.
2. Definitions
For purposes of these Terms, the following capitalized terms shall have the meanings set forth below. Defined terms shall apply equally to the singular and plural forms as the context requires.
“Account” means the account created or maintained by a User to access or use certain features of the Digital Services.
“ATP,” “Company,” “we,” “us,” or “our” means Auction Timepieces, Inc., together with its affiliates, successors, and assigns.
“Auction” means the timed, auction-style bidding process made available through the Digital Services in connection with a Listing. The use of the term “Auction” describes the competitive bidding format facilitated by the Platform and does not mean that ATP acts as a traditional auctioneer, broker, dealer, seller, consignee, or agent of any User.
“Authorization Hold” means a temporary authorization placed on a Bidder’s designated payment method in connection with a Bid or participation in an Auction, including an authorization relating to the potential Buyer’s Fee.
“Bid” means an irrevocable monetary offer submitted by a Bidder through the Digital Services to purchase a Watch from the applicable Seller, subject to these Terms and the applicable Listing.
“Bidder” means a User who places or attempts to place a Bid through the Digital Services.
“Buyer” means the Bidder identified by ATP as the apparent or confirmed Winning Bidder in connection with an Auction and who may thereafter enter into a Transaction directly with the applicable Seller.
“Buyer’s Fee” means the separate fee payable to ATP by the Winning Bidder in consideration for ATP’s Digital Services. The Buyer’s Fee is separate from, and does not constitute any portion of, the Purchase Price payable to the Seller.
“Digital Services” means ATP’s websites, applications, Platform, auction-style bidding interfaces, Accounts, Listings, communications tools, payment-method authorization functionality, content, data, and all related products, features, functionality, and services made available by or through ATP.
“Listing” means any page, description, photograph, video, condition information, specifications, provenance information, service history, document, comment, response, or other content displayed through the Digital Services in connection with a Watch offered by a Seller.
“Listing Materials” means all photographs, videos, descriptions, records, documents, specifications, comments, statements, trademarks, trade names, logos, and other content submitted, provided, uploaded, or made available by or on behalf of a Seller in connection with a Watch or Listing.
“Platform” means the websites, applications, software, databases, systems, interfaces, bidding technology, communications tools, and related technology owned, controlled, or made available by ATP in connection with the Digital Services.
“Purchase Price” means the amount payable directly by the Buyer to the Seller for a Watch pursuant to a Transaction, excluding the Buyer’s Fee and any taxes, shipping costs, insurance charges, customs duties, or other amounts separately payable by either party.
“Reserve Price” means the minimum amount, if any, established for a Watch before the Seller is expected to proceed with a Transaction following the close of an Auction.
“Seller” means a User who submits, offers, or causes a Watch to be submitted for consideration, listing, or bidding through the Digital Services and who may enter into a Transaction directly with a Buyer.
“Standard Checkout” means the checkout or fee-payment method designated by ATP as standard checkout, under which the applicable Buyer’s Fee is calculated in accordance with the fee schedule displayed through the Digital Services.
“Terms” or “Agreement” means these Terms of Service, together with ATP’s Privacy Policy and any additional policies, listing terms, bidding rules, payment terms, checkout terms, promotional terms, or other terms expressly incorporated herein by reference.
“Third-Party Services” means any products, services, websites, platforms, applications, payment processors, financial institutions, identity-verification providers, hosting or escrow providers, analytics providers, shipping providers, insurers, communications providers, databases, or other services not owned or controlled by ATP that interoperate with, support, are accessed through, or are referenced by the Digital Services.
“Transaction” means any direct purchase and sale arrangement, agreement, or transaction entered into between a Buyer and Seller concerning a Watch following or in connection with an Auction or Listing. ATP is not a party to any Transaction.
“User,” “you,” or “your” means any person or entity that accesses or uses the Digital Services, creates an Account, submits or views a Listing, places or attempts to place a Bid, participates in an Auction, communicates with another User, pays a Buyer’s Fee, or otherwise uses the Digital Services, including any Seller, Bidder, or Buyer.
“User Content” means any content, information, communication, photograph, video, document, comment, question, response, review, feedback, message, or other material submitted, uploaded, transmitted, published, or otherwise made available by or on behalf of a User through or in connection with the Digital Services.
“Verified Checkout” means any enhanced checkout, identity-verification, payment-verification, or related service designated by ATP as verified checkout, subject to Third-Parties Services, the fee structure and requirements displayed through the Digital Services.
“Watch” means any watch, timepiece, component, accessory, box, papers, documentation, or related item submitted, displayed, described, offered, or referenced in a Listing.
“Winning Bid” means the highest qualifying Bid displayed or otherwise recognized by ATP at the close of an Auction, subject to satisfaction of any Reserve Price, payment authorization, fraud review, account verification, technical review, compliance with these Terms, and ATP’s confirmation.
“Winning Bidder” means the Bidder associated with the Winning Bid, subject to ATP’s confirmation and the requirements of these Terms.
Any capitalized term not defined in this Section shall have the meaning assigned to it elsewhere in these Terms or, if not otherwise defined, its plain and ordinary meaning in the context in which it is used.
3. Nature of the Digital Services; ATP’s Limited Role
ATP operates the Digital Services as a technology platform through which independent Sellers may submit Watches for listing and independent Bidders may review Listings, submit Bids, and, if identified as the Winning Bidder, connect directly with the applicable Seller to pursue and consummate a Transaction. The Digital Services may include Watch Listings, photographs, descriptions, specifications, condition and provenance information, bidding functionality, Auction-related notifications, payment-method authorization functionality relating to the Buyer’s Fee, communication tools, and other informational, administrative, and technology services
ATP IS SOLELY A PROVIDER OF DIGITAL LISTING, BIDDING, INFORMATIONAL, COMMUNICATION, AND INTRODUCTION SERVICES. ATP IS NOT A WATCH BROKER, WATCH DEALER, SELLER, PURCHASER, CONSIGNEE, BAILEE, AUCTIONEER, PAYMENT INTERMEDIARY, ESCROW AGENT, MARKETPLACE SELLER, OR AGENT OR FIDUCIARY OF ANY USER. ATP DOES NOT SELL, EXCHANGE, PURCHASE, OFFER FOR SALE, NEGOTIATE, OR ATTEMPT TO NEGOTIATE THE SALE OR EXCHANGE OF ANY WATCH LISTED THROUGH THE DIGITAL SERVICES.
ATP is not a party to any Transaction between a Buyer and Seller and does not enter into, execute, accept, or perform any purchase agreement, bill of sale, invoice, title-transfer document, shipping agreement, or other agreement relating to the purchase or sale of a Watch. No Listing constitutes an offer by ATP, no Bid is submitted to ATP as the owner or seller of a Watch, and ATP’s display, transmission, administration, or recognition of a Bid does not constitute ATP’s acceptance of that Bid on behalf of a Seller. Any Transaction is entered into solely and directly between the applicable Buyer and Seller, each acting on its own behalf and at its own risk.
Unless ATP expressly states otherwise in the applicable Listing or in a separate written agreement, ATP does not take or hold title to, acquire any ownership interest in, possess, control, store, transport, deliver, service, repair, authenticate, appraise, test, or independently inspect or verify any Watch. ATP does not guarantee that any Seller owns or has authority to sell a Watch, that any Buyer has the ability or intent to complete a Transaction, or that any Watch is authentic, accurately described, legally transferable, free from liens or claims, or suitable for any particular purpose.
ATP does not receive, hold, collect, process, transmit, escrow, or disburse the Purchase Price payable for any Watch. Any Authorization Hold or charge processed through the Digital Services relates solely to the Buyer’s Fee or another amount expressly payable to ATP for the Digital Services and does not constitute ATP’s receipt or handling of any portion of the Purchase Price. Following the conclusion of an Auction, ATP may connect the Buyer and Seller, but the Buyer and Seller are solely responsible for communicating with one another and independently arranging and completing payment of the Purchase Price, delivery, shipping, insurance, inspection, acceptance, title transfer, taxes, duties, documentation, and all other aspects of the Transaction.
ATP may establish and administer Platform rules governing Listings, Auction timing, bidding procedures, account eligibility, Buyer’s Fees, communications, and use of the Digital Services. ATP’s administration of those rules, review of Watch submissions, preparation or formatting of Listings, transmission of Bids, identification of an apparent Winning Bidder, collection of the Buyer’s Fee, or introduction of Users does not make ATP a party to any Transaction or create any brokerage, dealership, consignment, bailment, auctioneer, agency, fiduciary, partnership, joint-venture, or other representative relationship between ATP and any User.
If a Winning Bidder does not proceed with a proposed Transaction, ATP may, but is not obligated to, introduce the Seller to the next-highest Bidder or another prospective Buyer. Any such introduction is solely an opportunity for those Users to communicate and potentially enter into a separate Transaction directly with one another. ATP does not guarantee that any Transaction will be completed, that a backup bidder will agree to purchase the Watch, or that the parties will transact at any prior Bid amount or on any particular terms.
4. No Agency, Brokerage, Consignment, Fiduciary, or Auctioneer Relationship
No User appoints ATP, and ATP does not agree to act, as the agent, broker, dealer, consignee, bailee, fiduciary, representative, advisor, payment agent, escrow agent, or auctioneer of any Buyer, Bidder, Seller, or other person. ATP has no authority to bind any User, accept or reject any Bid on behalf of a Seller, negotiate any Transaction term, make any representation or warranty concerning a Watch on behalf of a User, collect the Purchase Price for a Seller, transfer title to a Watch, or otherwise act in the name of or on behalf of any User.
Each User acts solely on such User’s own behalf and for such User’s own account. Sellers independently determine whether to submit a Watch, the information and materials provided concerning the Watch, any proposed Reserve Price, and whether and on what terms to consummate a Transaction. Buyers and Bidders independently determine whether to review a Listing, conduct diligence, submit a Bid, and enter into and complete a Transaction. ATP does not supervise, direct, control, or assume responsibility for any User’s conduct, representations, decisions, communications, payment arrangements, delivery obligations, or performance.
ATP’s review or acceptance of a Watch submission, publication or formatting of a Listing, operation of the bidding interface, establishment or administration of Platform rules, transmission or display of Bids, identification of an apparent Winning Bidder, collection of the Buyer’s Fee, or introduction of a Buyer and Seller shall not be construed as ATP’s endorsement of any User or Watch, acceptance of any Bid on behalf of a Seller, participation in any Transaction, or assumption of any agency, brokerage, consignment, fiduciary, auctioneer, dealership, bailment, partnership, joint-venture, or other representative duty.
No User may represent, imply, or hold out that ATP owns, possesses, sells, consigns, brokers, authenticates, certifies, warrants, guarantees, sponsors, endorses, or has approved any Watch, Listing, User, Bid, or Transaction, except to the limited extent ATP expressly states otherwise in writing. No course of dealing, Platform functionality, communication, assistance, or other conduct by ATP shall create any relationship or duty not expressly stated in these Terms.
5. Eligibility; Account Registration; Identity Verification
To create an Account, submit a Watch, place a Bid, participate in an Auction, or otherwise use features of the Digital Services that require registration, a User must be at least eighteen (18) years of age, possess the legal capacity to enter into binding agreements, and be legally permitted to buy, sell, own, transfer, and receive the applicable Watch. ATP may impose additional eligibility requirements for particular Auctions, Listings, jurisdictions, payment methods, or account types.
Each User shall provide accurate, current, complete, and non-misleading registration, contact, billing, identity, and other information requested by ATP and shall promptly update such information as necessary. A User may not create or maintain an Account using false information, impersonate another person or entity, conceal the User’s identity, create an Account on behalf of another person, or use multiple Accounts to evade restrictions, manipulate bidding, or circumvent these Terms.
Each Account is personal to the registered User and may not be sold, assigned, transferred, shared, or made available to another person without ATP’s prior written consent. Users are responsible for maintaining the confidentiality and security of their login credentials, authentication methods, devices, and Account information and for all activity conducted through their Accounts, whether or not authorized by the User. A User shall immediately notify ATP of any actual or suspected unauthorized access, credential compromise, Account misuse, or other security incident.
ATP may require a User to complete identity, age, address, payment-method, ownership, authority, sanctions, fraud-prevention, or other verification procedures before or after permitting the User to create an Account, submit a Watch, place a Bid, become a Winning Bidder, communicate with another User, or otherwise access particular features of the Digital Services. Such verification may include requesting government-issued identification, proof of address, proof of ownership or authority, payment information, business records, references, tax information, or other documents or information requested by ATP.
ATP may use Third-Party Services to conduct identity verification, payment verification, fraud screening, sanctions screening, background review, account authentication, or other compliance and risk-management procedures. By using the Digital Services, each User authorizes ATP and its applicable service providers to collect, use, disclose, and verify information for those purposes in accordance with these Terms and ATP’s Privacy Policy
Completion of any verification process does not constitute ATP’s endorsement, certification, guarantee, or representation concerning a User’s identity, authority, creditworthiness, ownership rights, honesty, solvency, legal compliance, or ability or intent to complete a Transaction. ATP may approve, reject, restrict, suspend, or terminate any Account, submission, Bid, or access request in its sole discretion, including where ATP cannot verify information, suspects fraud or unlawful activity, identifies legal, security, financial, operational, or reputational risk, or determines that the User has violated these Terms.
ATP has no obligation to disclose the criteria, methods, data, or results used in any verification, fraud-prevention, risk-review, or account-eligibility determination. A User’s eligibility, verification status, or prior access to the Digital Services does not create any continuing right to maintain an Account, submit a Watch, place a Bid, participate in an Auction, or use any feature of the Digital Services.
6. Seller Eligibility; Watch Submissions
A User may submit a Watch for consideration through the Digital Services only if the User is the lawful owner of the Watch or has full legal authority from the owner to offer and sell the Watch. By submitting a Watch, the Seller represents and warrants that the Seller has the full right, power, and authority to provide all Listing Materials, offer the Watch to prospective Buyers, and enter into and perform any resulting Transaction.
Each Watch submission must include complete, accurate, current, and non-misleading information requested by ATP, such as information concerning the Watch’s make, model, reference number, serial number, condition, functionality, authenticity, provenance, ownership history, service history, modifications, replacement or aftermarket components, accessories, box and papers, known defects, prior damage, liens, claims, and any other fact that could reasonably affect a prospective Buyer’s decision. The Seller shall promptly correct or supplement any submission that becomes inaccurate, incomplete, outdated, or misleading.
The Seller represents and warrants that the Watch: (i) is authentic to the extent represented; (ii) is not stolen, counterfeit, unlawfully obtained, subject to forfeiture, or otherwise prohibited from sale or transfer; (iii) is owned free and clear of all liens, security interests, claims, financing arrangements, ownership disputes, and other encumbrances, except as expressly disclosed to and approved by ATP in writing; (iv) may be lawfully advertised, sold, exported, imported, shipped, and transferred; and (v) does not infringe, misappropriate, or otherwise violate any intellectual property, privacy, publicity, contractual, or other right of any third party.
Submission of a Watch does not obligate ATP to accept, publish, market, schedule, or maintain a Listing. ATP may, in its sole discretion, accept or reject any submission; request additional information, photographs, videos, records, identification, proof of ownership, service documentation, provenance materials, or other supporting information; require revisions or clarifications; determine whether and when a Listing will be published; establish the Listing format, duration, category, presentation, and Auction schedule; approve or reject any proposed Reserve Price; and remove, suspend, postpone, modify, or cancel any Listing or Auction.
ATP may edit, condense, format, organize, supplement, or otherwise prepare Listing Materials for presentation through the Digital Services; provided, however, that the Seller remains solely responsible for the accuracy, completeness, legality, and sufficiency of all information concerning the Watch. ATP’s review, editing, publication, or acceptance of any Listing Materials does not constitute verification, authentication, appraisal, inspection, endorsement, or approval of the Watch or any representation made by the Seller.
The Seller shall not submit any Watch that the Seller does not presently control or have the present legal ability to sell. Unless ATP expressly approves otherwise in writing, the Seller shall not list, market, offer, negotiate, or agree to sell the Watch through another platform, dealer, broker, auction service, or private transaction while the Watch is actively listed or scheduled for Auction through the Digital Services. The Seller shall immediately notify ATP if the Watch is lost, stolen, damaged, encumbered, transferred, withdrawn, becomes unavailable, or is otherwise no longer eligible for sale.
ATP may require the Seller to provide additional confirmations or documentation before publication, during an Auction, after the close of an Auction, or before ATP introduces the Seller to a Winning Bidder or backup bidder. Failure to provide requested information or cooperation may result in rejection or removal of the submission, cancellation of the Auction, suspension or termination of the Seller’s Account, or any other action permitted under these Terms.
The Seller is solely responsible for retaining all documents, records, photographs, communications, invoices, service records, ownership records, shipping records, tax records, and other information relating to the Watch and any resulting Transaction. ATP has no obligation to maintain such materials for the Seller or to confirm the Seller’s compliance with applicable law.
7. Listings; Seller Content; No ATP Verification
Each Listing may include Listing Materials supplied by the Seller, information obtained from third parties, content submitted by other Users, and editorial, formatting, organizational, or descriptive content prepared by ATP based on such materials. The Seller remains solely responsible for the accuracy, completeness, legality, and sufficiency of all information concerning the Watch, regardless of whether ATP reviews, edits, reformats, summarizes, supplements, or publishes that information.
By submitting Listing Materials, the Seller represents and warrants that: (i) the Listing Materials are accurate, current, complete, and not misleading; (ii) the Seller owns or has obtained all rights, licenses, consents, and permissions necessary for ATP to use the Listing Materials as contemplated by these Terms; (iii) the Listing Materials do not infringe, misappropriate, or otherwise violate any intellectual property, privacy, publicity, contractual, confidentiality, or other right of any person; and (iv) the Seller has disclosed all known facts that could affect the authenticity, ownership, condition, value, desirability, legality, or transferability of the Watch.
The Seller shall disclose all defects, damage, repairs, restoration, polishing, refinishing, replacement parts, aftermarket parts, modifications, alterations, missing components, functionality issues, water exposure, service history, ownership disputes, liens, claims, and other material facts concerning the Watch. The Seller shall not conceal, omit, mischaracterize, or minimize any information that would reasonably be material to a prospective Buyer.
ATP may edit, condense, crop, resize, organize, format, translate, summarize, supplement, or otherwise modify Listing Materials for clarity, consistency, presentation, marketing, technical compatibility, legal compliance, or operation of the Digital Services. ATP may determine the title, layout, sequence, placement, duration, categorization, and presentation of any Listing and may add disclaimers, editorial commentary, publicly available information, or information obtained from third parties. ATP’s exercise of these rights does not transfer responsibility for the Listing or the Watch from the Seller to ATP. he Seller remains solely responsible for reviewing and approving the substantive accuracy and completeness of the Listing and for all representations and omissions concerning the Watch. ATP’s editing, formatting, publication, or presentation of a Listing is ministerial and administrative only and does not make ATP the owner, Seller, consignor, dealer, broker, auctioneer, auction company, or agent of the Seller, nor does it transfer responsibility for the Listing or the Watch from the Seller to ATP.
ATP DOES NOT AUTHENTICATE, APPRAISE, CERTIFY, GUARANTEE, OR INDEPENDENTLY VERIFY ANY WATCH, LISTING, LISTING MATERIAL, OR SELLER REPRESENTATION. Unless ATP expressly states otherwise in a particular Listing, ATP does not independently inspect, test, open, operate, examine, service, or evaluate any Watch and does not verify its ownership, title, authenticity, genuineness, originality, condition, functionality, provenance, service history, serial number, reference number, specifications, components, accessories, market value, legal status, or suitability for any purpose.
ATP may request documentation, photographs, videos, identification, ownership records, service records, provenance materials, or other information and may review such materials for Platform-administration purposes. Any such request or review is limited in scope and does not constitute an inspection, authentication, appraisal, certification, approval, endorsement, or warranty by ATP. ATP has no obligation to detect or disclose inaccuracies, omissions, defects, counterfeiting, fraud, stolen property, title defects, liens, ownership disputes, or unlawful conduct.
Listing descriptions, condition statements, photographs, videos, estimates, comparable sales, historical information, measurements, specifications, and other information are provided for general informational purposes only. Photographs and videos may not depict all defects, wear, damage, modifications, replacement parts, color variations, dimensions, or other characteristics and may differ from the Watch’s appearance due to lighting, editing, display settings, resolution, perspective, or other factors. Terms such as “original,” “authentic,” “rare,” “excellent,” “mint,” “unpolished,” “investment grade,” or similar descriptions may reflect the Seller’s opinion, industry convention, or subjective judgment and do not constitute warranties by ATP.
Each Bidder and Buyer is solely responsible for reviewing the entire Listing, asking questions, requesting additional information, conducting independent diligence, consulting qualified watchmakers or other advisors, and determining whether to place a Bid or enter into a Transaction. A User’s inability or failure to inspect a Watch before bidding does not create any liability or responsibility for ATP and does not provide a basis for retracting a Bid or avoiding an obligation arising under these Terms.
ATP may correct, supplement, update, remove, suspend, or modify any Listing or Listing Materials at any time, including before, during, or after an Auction, if ATP identifies or suspects an error, omission, inconsistency, legal issue, intellectual-property concern, fraud risk, security concern, or other issue. ATP may also cancel or suspend an Auction where ATP determines that a Listing may be inaccurate, incomplete, misleading, unlawful, compromised, or otherwise inconsistent with these Terms or ATP’s standards. ATP has no obligation to do so, nor preserve, publish, or continue displaying any Listing or User Content.
8. Auction Format; Bidding Rules
ATP may make Listings available through timed, auction-style bidding periods established and administered through the Digital Services. Each Auction will begin and end at the times displayed on the applicable Listing, subject to any extension, suspension, modification, cancellation, or other action permitted under these Terms. ATP’s systems and records shall control with respect to the timing, receipt, sequence, amount, and status of Bids, absent manifest error.
A User may place a Bid only through an eligible Account and in accordance with the bidding increments, payment-method requirements, verification procedures, and other instructions displayed through the Digital Services. Each Bid must equal or exceed the applicable minimum Bid or bidding increment established for the Auction. ATP may modify bidding increments, minimum amounts, eligibility requirements, or other Auction procedures at any time before or during an Auction.
ATP may use automatic, proxy, or maximum-bid functionality through which a Bidder authorizes the Platform to increase the Bidder’s displayed Bid automatically, up to a maximum amount selected by the Bidder, in response to competing Bids. ATP does not disclose a Bidder’s undisplayed maximum Bid except as required to operate the bidding process or by applicable law. A Bidder remains responsible for reviewing and confirming all Bid amounts and maximum-bid instructions before submission.
Certain Auctions may be subject to a Reserve Price. If the highest Bid does not satisfy the applicable Reserve Price, the Seller shall not be obligated to proceed with a Transaction, unless the Seller independently agrees otherwise. ATP may display whether a Reserve Price has been met but is not required to disclose the amount of any Reserve Price. ATP’s administration or display of a Reserve Price does not constitute negotiation or acceptance of a Bid on behalf of the Seller.
ATP may extend an Auction when a Bid is received near the scheduled closing time or under other circumstances designated by ATP. Any extension may continue until no further qualifying Bid is received during the applicable extension period. Although ATP assumes no responsibility to do so, ATP may also pause, suspend, postpone, restart, cancel, or otherwise modify an Auction if ATP determines that such action is appropriate due to technical issues, suspected fraud, bidding irregularities, Listing errors, User misconduct, legal concerns, security risks, or other circumstances affecting the integrity or operation of the Digital Services.
A Bid is not guaranteed to be received, accepted, displayed, or processed merely because a Bidder attempted to submit it. Bids may be delayed, duplicated, rejected, omitted, or displayed incorrectly due to connectivity issues, device or browser errors, payment authorization failures, account restrictions, system latency, Third-Party Service failures, or other circumstances. ATP shall not be responsible for any failure or delay in placing, receiving, transmitting, processing, displaying, or confirming a Bid.
Although ATP assumes no responsibility to do so, ATP may reject, cancel, remove, invalidate, or disregard any Bid that ATP determines, in its sole discretion, is erroneous, fraudulent, manipulative, collusive, unauthorized, duplicative, technically defective, submitted in violation of these Terms, or otherwise inconsistent with the integrity of the Auction. ATP may also restrict or disqualify a Bidder, suspend an Account, require additional verification, or take any other action ATP deems appropriate before, during, or after an Auction.
Users shall not engage in shill bidding, bid manipulation, collusion, coordinated bidding, bid shielding, artificial price inflation, use of multiple Accounts, use of another person’s Account, automated bidding through unauthorized software, interference with another User’s bidding activity, or any other conduct intended to distort, manipulate, or undermine the Auction process. Sellers and persons acting on their behalf may not Bid on their own Watches or arrange for another person to do so.
ATP may, but to the fullest extent permitted by applicable law assumes now responsibility to, investigate any bidding activity and may request information or cooperation from any User. ATP may disclose relevant information to affected Users, payment processors, law-enforcement authorities, regulators, or other third parties where ATP believes disclosure is appropriate to investigate or address fraud, misconduct, unlawful activity, security concerns, or violations of these Terms.
The highest displayed Bid at the scheduled or extended close of an Auction is not final unless and until ATP confirms the applicable Winning Bidder after completion of any payment authorization, fraud review, account verification, Reserve Price review, technical review, and other procedures ATP considers appropriate. ATP may determine that no qualifying Winning Bid exists and may cancel or reopen an Auction if ATP identifies an error, irregularity, violation, or other issue affecting the Auction.
9. Binding Bids; No Retraction
Each Bid submitted through the Digital Services is a binding, irrevocable commitment by the Bidder to purchase the applicable Watch directly from the Seller for the amount of the Bid if the Bidder is identified and confirmed as the Winning Bidder, subject to satisfaction of any applicable Reserve Price and the requirements of these Terms. By placing a Bid, the Bidder represents that the Bidder has reviewed the Listing, completed all diligence the Bidder considers necessary, has the financial ability to complete the Transaction, and intends to proceed with the purchase if confirmed as the Winning Bidder.
BIDS MAY NOT BE WITHDRAWN, CANCELLED, REDUCED, OR RETRACTED.
Buyer’s remorse, changed circumstances, failure to obtain financing, failure to inspect the Watch, misunderstanding of the Listing, shipping or tax costs, currency fluctuations, market changes, or inability to coordinate payment or delivery shall not relieve a Bidder of the obligations arising from a Bid.
ATP may, but is not obligated to, permit the correction or withdrawal of a Bid in its sole discretion where ATP determines that a clear clerical or technical error occurred and the request was made promptly. Any such accommodation shall not create a right to withdraw any other Bid or obligate ATP to grant similar relief in the future.
Each User is responsible for all Bids submitted through the User’s Account or using the User’s credentials, devices, or payment methods. A claim that a Bid was unauthorized will not automatically invalidate the Bid, and ATP may require documentation and conduct any review it considers appropriate before taking action. Users must immediately notify ATP of any suspected unauthorized access or bidding activity.
If a Bidder is confirmed as the Winning Bidder, the Bidder shall promptly communicate with the Seller, pay the Purchase Price directly to the Seller in accordance with the parties’ arrangements, pay all amounts due to ATP, and take all other actions reasonably necessary to complete the Transaction. A Winning Bidder’s failure or refusal to proceed may result in the remedies set forth in these Terms, including capture or retention of the Buyer’s Fee, suspension or termination of the Account, restriction from future participation, referral of the Seller to a backup bidder, and recovery of amounts owed to ATP.
Nothing in this Section makes ATP a party to the Transaction or requires ATP to compel either User to complete the purchase and sale. ATP’s rights under these Terms are separate from any rights or remedies the Buyer and Seller may have against one another.
10. Auction Results; Winning Bidder; Buyer-Seller Transaction
At the conclusion of an Auction, ATP may identify the Bidder associated with the highest qualifying Bid as the apparent Winning Bidder. Any Auction result, winning notification, Account status, or other communication displayed or transmitted by ATP is preliminary and remains subject to satisfaction of any Reserve Price, successful authorization or payment of the Buyer’s Fee, account and identity verification, fraud and compliance review, technical review, correction of errors, and ATP’s confirmation.
ATP may determine, in its sole discretion, whether a qualifying Winning Bid exists and whether a Bidder will be confirmed as the Winning Bidder. ATP may reject, invalidate, or disregard any Bid or Auction result affected by suspected fraud, manipulation, collusion, unauthorized activity, technical error, payment failure, Account restriction, violation of these Terms, or any other circumstance ATP determines may impair the integrity or lawful operation of the Digital Services.
Following confirmation of the Winning Bidder, ATP may provide the Buyer and Seller with each other’s contact information or make available a communication channel through which they may coordinate the proposed Transaction. The Buyer and Seller shall thereafter communicate and contract directly with one another and shall be solely responsible for negotiating, documenting, and completing all matters relating to the Transaction, including payment of the Purchase Price, invoicing, proof of ownership, inspection, acceptance, shipping, delivery, insurance, risk of loss, transfer of title, taxes, duties, and any other applicable terms.
The Winning Bid reflects the amount the confirmed Winning Bidder has committed to offer directly to the Seller for the Watch, but ATP does not accept the Winning Bid on behalf of the Seller, transfer title to the Watch, collect or transmit the Purchase Price, or enter into the resulting Transaction. Any legally binding purchase and sale agreement concerning the Watch exists solely between the Buyer and Seller and is separate from the agreement between each User and ATP under these Terms.
The Seller shall not demand a Purchase Price exceeding the confirmed Winning Bid or condition completion of the Transaction on undisclosed charges or materially different terms, except for taxes, shipping, insurance, duties, or other amounts properly allocated between the Buyer and Seller. The Buyer shall not condition performance on a reduction of the Winning Bid, additional concessions, post-Auction renegotiation, or requirements not disclosed or reasonably contemplated before bidding. Any modification of the Transaction terms must be agreed directly between the Buyer and Seller and does not alter either User’s obligations to ATP.
ATP does not guarantee that the Seller will transfer the Watch, that the Buyer will pay the Purchase Price, that either party will communicate or cooperate, or that any Transaction will be completed. ATP has no obligation to prepare, review, approve, enforce, or interpret any bill of sale, purchase agreement, invoice, shipping arrangement, payment instruction, inspection right, return policy, warranty, or other term agreed between the Buyer and Seller.
Any Auction result or confirmation issued by ATP is based on ATP’s Platform records and may be corrected if ATP identifies a clerical, computational, payment, display, timing, system, or other error. ATP may, but to the fullest extent permitted by applicable law, assumes no responsibility to, cancel, reopen, or otherwise address an Auction where it determines that an error, irregularity, misconduct, or other circumstance materially affected the result. ATP’s exercise of these rights shall not make ATP a party to the Transaction or responsible for either User’s resulting losses or obligations.
11. Buyer Default; Seller Default; Backup Bidders
A Buyer shall be in default if, after being confirmed as the Winning Bidder, the Buyer: (i) fails to timely communicate with the Seller or ATP; (ii) fails or refuses to pay the Purchase Price or any amount due to ATP; (iii) attempts to withdraw, reduce, condition, or renegotiate the Winning Bid; (iv) fails to provide information or cooperation reasonably necessary to complete the Transaction; (v) initiates an improper chargeback, payment reversal, stop-payment request, or payment dispute; or (vi) otherwise fails to proceed with the Transaction in accordance with these Terms.
Upon Buyer default, ATP may, in addition to any other rights or remedies available under these Terms or applicable law: retain or charge the applicable Buyer’s Fee; suspend, restrict, or terminate the Buyer’s Account; prohibit the Buyer from participating in future Auctions; cancel or invalidate the applicable Auction result; disclose the default to the Seller; introduce the Seller to one or more backup bidders; and recover any amounts owed to ATP, together with reasonable collection costs, processor fees, attorneys’ fees, and other expenses incurred in enforcing ATP’s rights.
A Seller shall be in default if the Seller: (i) refuses or fails to proceed with a Transaction after the applicable Reserve Price has been satisfied and a Winning Bidder has been confirmed; (ii) sells, transfers, withdraws, damages, encumbers, or otherwise makes the Watch unavailable during the applicable Listing or Auction period; (iii) materially misrepresents or omits information concerning the Watch; (iv) demands a price exceeding the Winning Bid or materially different undisclosed terms; (v) fails to timely communicate or cooperate with the Buyer or ATP; (vi) attempts to complete a transaction outside the Digital Services to evade the Buyer’s Fee or other ATP requirements; or (vii) otherwise violates these Terms in connection with the Listing, Auction, or Transaction.
Upon Seller default, ATP may remove or cancel the Listing or Auction, suspend or terminate the Seller’s Account, prohibit the Seller from submitting future Watches, notify affected Bidders, refund or credit any Buyer’s Fee in ATP’s discretion, require reimbursement of amounts incurred by ATP, and exercise any other right or remedy available under these Terms or applicable law.
If a Winning Bidder defaults or is disqualified, ATP may, but is not obligated to, contact or introduce the Seller to the next-highest Bidder or any other Bidder or prospective Buyer. Any such person shall be deemed a “Backup Bidder.” A Backup Bidder is not obligated to purchase the Watch solely because the Backup Bidder previously submitted a Bid, unless the Backup Bidder separately confirms its agreement to proceed.
Any proposed transaction between a Seller and a Backup Bidder constitutes a separate direct Transaction between those Users. ATP does not guarantee that a Backup Bidder will remain interested, agree to the prior Bid amount, satisfy verification requirements, or complete the Transaction. The Seller and Backup Bidder are solely responsible for agreeing upon and completing the applicable purchase and sale terms, and ATP shall have no liability if no backup Transaction occurs.
ATP’s decision to contact or introduce a Backup Bidder does not waive any default, release any User from obligations owed to ATP, or limit ATP’s right to pursue any available remedy. ATP is not obligated to mediate, enforce, or resolve any dispute between a Buyer and Seller arising from a default or failed Transaction.
12. Buyer’s Fee; Authorization Holds; Payment Processing
In consideration for ATP’s provision of the Digital Services, the confirmed Winning Bidder shall pay ATP the applicable Buyer’s Fee displayed through the Digital Services at the time the Bid is submitted. Unless otherwise stated in the applicable Listing or checkout terms, the Buyer’s Fee shall equal: (i) three percent (3%) of the Winning Bid for Standard Checkout; or (ii) five percent (5%) of the Winning Bid for Verified Checkout, subject to a minimum Buyer’s Fee of Five Hundred Dollars ($500.00) for Verified Checkout and a maximum Buyer’s Fee of Five Thousand Dollars ($5,000.00). ATP may modify its Buyer’s Fee structure prospectively by providing notice through the Digital Services.
The Buyer’s Fee is paid solely in consideration for ATP’s separate digital listing, bidding, administrative, communication, and introduction services. The Buyer’s Fee is separate from, and does not constitute any portion of, the Purchase Price payable directly by the Buyer to the Seller. ATP’s collection of the Buyer’s Fee does not mean that ATP collects, receives, holds, transmits, escrows, or disburses any portion of the Purchase Price or acts as a payment agent, escrow agent, broker, dealer, seller, or traditional auctioneer in connection with the Transaction.
To place a Bid or participate in an Auction, a Bidder may be required to provide a valid payment method and authorize ATP or its Third-Party Service provider to place an Authorization Hold in an amount determined by ATP. An Authorization Hold is intended to confirm the validity and availability of the payment method and may temporarily reduce the Bidder’s available credit or funds. An Authorization Hold is not a completed charge and will be captured only if the Bidder becomes the confirmed Winning Bidder or otherwise incurs an amount payable to ATP under these Terms.
The timing, amount, continuation, and release of any Authorization Hold may depend on the Bidder’s financial institution, card issuer, payment processor, network, or other Third-Party Service. ATP does not control and shall not be responsible for any delay in releasing an Authorization Hold, reduction in available credit, overdraft, bank charge, card restriction, foreign transaction fee, or other consequence imposed by a financial institution or payment provider.
Upon confirmation of a Winning Bidder, the applicable Buyer’s Fee shall become immediately due, earned, and non-refundable, regardless of whether the Buyer and Seller ultimately complete the Transaction, except where ATP expressly agrees otherwise in writing or a refund is required by applicable law. Buyer default, failure to communicate, refusal to pay the Purchase Price, inability to arrange financing, failure to inspect the Watch, dissatisfaction with the Watch, or any dispute between the Buyer and Seller shall not relieve the Buyer of the obligation to pay the Buyer’s Fee.
Each User authorizes ATP and its payment processors to charge the User’s designated payment method for the Buyer’s Fee, applicable taxes imposed on ATP’s services, chargeback fees, processor fees, collection costs, and any other amounts expressly payable to ATP under these Terms. The User represents and warrants that the User is authorized to use each payment method provided and shall maintain accurate, complete, and current billing information.
ATP may decline, reverse, cancel, suspend, or delay confirmation of a Winning Bidder or access to the Digital Services if a payment authorization fails, a charge is declined, payment information cannot be verified, fraud or unauthorized use is suspected, or ATP identifies any other financial, legal, security, or compliance concern. ATP may require an alternative payment method or additional verification before confirming an Auction result.
A User shall not initiate or pursue a chargeback, payment reversal, stop-payment request, or other payment dispute concerning a properly assessed Buyer’s Fee without first providing ATP with written notice and a reasonable opportunity to investigate the matter. An improper chargeback or payment reversal constitutes a material breach of these Terms, and ATP may suspend or terminate the User’s Account and recover the unpaid amount, together with processor fees, collection costs, attorneys’ fees, and other expenses incurred in enforcing ATP’s rights.
ATP may use one or more Third-Party Services to process payment-method authorizations and charges relating to the Buyer’s Fee. Such services may be subject to separate terms and privacy practices. ATP is not responsible for any declined transaction, processing delay, duplicate authorization, processor error, account restriction, data breach, service interruption, or other act or omission of any Third-Party Service.
13. Purchase Price; Direct Payment Between Buyer and Seller
The Purchase Price for a Watch is payable solely and directly by the Buyer to the Seller. ATP does not receive, collect, process, hold, safeguard, transmit, escrow, disburse, or otherwise handle any portion of the Purchase Price and does not act as a payment intermediary, escrow agent, settlement agent, financial institution, broker, dealer, seller, or collection agent for either party.
Following ATP’s confirmation of the Winning Bidder and introduction of the Buyer and Seller, the parties are solely responsible for independently agreeing upon and implementing the method, timing, currency, documentation, and other terms of payment of the Purchase Price. The Buyer and Seller must communicate directly to confirm payment instructions and may elect to use a wire transfer, cashier’s check, financing arrangement, third-party escrow provider, or other payment method acceptable to both parties and permitted by applicable law.
ATP does not select, recommend, approve, supervise, verify, or guarantee any payment method, financial institution, escrow provider, financing source, payment instruction, or settlement arrangement used by the Buyer and Seller. Any reference to a payment provider or method through the Digital Services is provided solely for convenience and does not constitute ATP’s endorsement, representation, warranty, or assumption of responsibility.
The Buyer is solely responsible for timely paying the Purchase Price in accordance with the arrangements made directly with the Seller and for ensuring that all funds are lawfully obtained, available, properly transmitted, and sufficient to complete the Transaction. The Seller is solely responsible for confirming final and irrevocable receipt of cleared funds before transferring title to, shipping, delivering, or otherwise releasing the Watch.
The Buyer and Seller assume all risks relating to payment of the Purchase Price, including wire fraud, spoofed or intercepted communications, altered payment instructions, unauthorized transactions, counterfeit or insufficient funds, payment reversals, banking delays, financing failures, currency-conversion losses, account restrictions, and errors or misconduct by financial institutions or Third-Party Services. Each party shall independently verify all payment instructions using a trusted method of communication before transmitting funds or releasing the Watch.
ATP will not issue payment instructions for the Purchase Price. A User who receives any communication purporting to direct payment of the Purchase Price to ATP or to an account controlled by ATP should not transmit funds and must promptly notify ATP. ATP shall not be liable for any funds transmitted in reliance on fraudulent, altered, intercepted, or unauthorized communications or payment instructions.
Payment of the Buyer’s Fee to ATP does not constitute payment of any portion of the Purchase Price, does not satisfy the Buyer’s obligations to the Seller, and does not obligate the Seller to release the Watch unless the Seller has independently confirmed receipt of the Purchase Price. Likewise, payment of the Purchase Price to the Seller does not satisfy or reduce any Buyer’s Fee or other amount separately owed to ATP.
ATP does not guarantee payment, collection, settlement, financing, delivery, title transfer, or completion of any Transaction. Any dispute concerning the Purchase Price, payment instructions, receipt or sufficiency of funds, refund, financing, chargeback, or payment reversal is solely between the Buyer, Seller, and any applicable Third-Party Service. ATP has no obligation to investigate, mediate, resolve, reimburse, insure, or otherwise assume responsibility for any such dispute.
14. Shipping; Delivery; Risk of Loss; Title; Insurance; Inspection
The Buyer and Seller are solely responsible for independently arranging and completing all matters relating to the packaging, shipment, transportation, delivery, insurance, inspection, acceptance, and transfer of the Watch. ATP does not take possession, custody, or control of any Watch and does not act as a carrier, freight forwarder, warehouseman, bailee, shipping agent, insurer, customs broker, or delivery service.
The Buyer and Seller shall communicate directly regarding the delivery method, carrier, destination, timing, packaging requirements, declared value, insurance coverage, signature requirements, tracking, customs documentation, and any other shipping or delivery terms. ATP does not select, recommend, approve, supervise, or guarantee any carrier, insurer, shipping method, delivery location, or logistics provider.
Unless the Buyer and Seller expressly agree otherwise in writing, the Seller is solely responsible for properly packaging the Watch, accurately describing the contents and value, complying with carrier requirements, obtaining appropriate insurance, and delivering the Watch in accordance with the parties’ agreed terms. The Buyer is solely responsible for providing accurate delivery information, ensuring availability to receive the Watch, complying with any carrier or customs requirements, and promptly inspecting the Watch upon delivery.
Title to and risk of loss for the Watch shall pass from the Seller to the Buyer at the time and in the manner agreed directly between the Buyer and Seller. ATP does not determine, document, guarantee, or effect the transfer of title or risk of loss and shall not be responsible for any loss, theft, damage, delay, seizure, misdelivery, nondelivery, or destruction occurring before, during, or after shipment or delivery.
Each party is solely responsible for obtaining any insurance it deems appropriate in connection with the Transaction. ATP does not provide insurance, verify coverage, submit claims, determine insurable value, or guarantee that any carrier or insurer will accept or pay a claim. Any insurance dispute shall be resolved solely between the applicable User, carrier, insurer, and other relevant third party.
The Buyer is solely responsible for conducting any inspection, authentication, appraisal, testing, or other diligence the Buyer considers necessary before or after delivery. Any inspection period, acceptance procedure, return right, rejection right, refund right, warranty, or remedy must be expressly agreed upon directly by the Buyer and Seller. ATP does not provide or administer any inspection, acceptance, return, refund, or dispute-resolution process unless ATP expressly agrees otherwise in writing.
The Buyer shall promptly notify the Seller of any alleged shipping damage, discrepancy, defect, misdescription, missing item, authenticity concern, or other issue following delivery and shall preserve all packaging, photographs, tracking records, inspection reports, and other relevant evidence. ATP may, but is not obligated to, facilitate communications between the parties; however, ATP has no duty to investigate, mediate, determine responsibility, compel performance, issue a refund, replace the Watch, or reimburse either party.
Any dispute arising from or relating to packaging, shipment, delivery, risk of loss, title, insurance, inspection, acceptance, rejection, return, or condition of the Watch is solely between the Buyer, Seller, and any applicable Third-Party Service. ATP shall have no liability or responsibility for any such dispute or resulting loss.
15. Taxes; Duties; Customs; Legal Compliance
The Buyer and Seller are each solely responsible for determining, reporting, collecting, withholding, filing, and paying all taxes, duties, tariffs, assessments, fees, and governmental charges arising from or relating to their Listing, Bid, purchase, sale, shipment, import, export, ownership, transfer, or receipt of a Watch. Such amounts may include sales, use, value-added, excise, income, gross-receipts, withholding, customs, import, export, luxury, transfer, and similar taxes or charges.
To the extent required by applicable law, the Seller is solely responsible for collecting and remitting any sales, use, value-added, or similar transaction tax arising from the sale of a Watch. The Buyer remains responsible for any use tax, import duty, customs charge, registration fee, or similar obligation imposed upon the Buyer or arising from the Buyer’s receipt, ownership, importation, or use of the Watch.
ATP does not collect, receive, hold, or transmit the Purchase Price and does not undertake responsibility for determining, collecting, reporting, or remitting taxes arising from the purchase and sale of a Watch, except to the extent ATP is independently required by applicable law. ATP may collect and remit taxes imposed on the Buyer’s Fee or the Digital Services and may request tax forms, identification, transaction information, or other documentation where reasonably necessary to comply with applicable law.
The Buyer and Seller are solely responsible for complying with all laws and requirements applicable to the Transaction, including those relating to ownership, title, consumer protection, taxation, customs, importation, exportation, sanctions, anti-money laundering, anti-bribery, currency controls, endangered-species materials, cultural property, and the transportation or transfer of luxury goods. No User may use the Digital Services in connection with any Watch or Transaction that is unlawful, prohibited, restricted, or subject to required approval that has not been obtained.
Each User shall independently determine whether a Watch may be lawfully shipped, exported from its origin, imported into its destination, transferred to the applicable counterparty, or composed of materials subject to legal restrictions. The User responsible for shipment shall prepare accurate customs declarations and obtain all licenses, permits, approvals, certificates, and documentation required for the applicable shipment or transfer.
ATP does not provide legal, tax, customs, sanctions, import, export, or regulatory advice and does not represent or warrant that any Listing, Watch, shipment, payment, or Transaction complies with applicable law. Users should consult their own legal, tax, customs, and other professional advisors before participating in a Transaction.
ATP may suspend, cancel, restrict, or refuse any Listing, Bid, Auction, Account, introduction, or other use of the Digital Services where ATP suspects a legal, tax, customs, sanctions, fraud, money-laundering, regulatory, or compliance concern. ATP may disclose information to governmental authorities, regulators, law-enforcement agencies, financial institutions, payment processors, or other third parties where ATP reasonably believes disclosure is required or appropriate.
Any contractual allocation of tax or compliance responsibility between the Buyer and Seller applies only between those parties and does not limit any obligation imposed directly upon ATP or any User by applicable law. Each User remains solely responsible for obtaining independent advice and satisfying all legal and governmental obligations applicable to such User.
16. No Authentication, Appraisal, Condition, Provenance, or Investment Advice
ATP does not authenticate, appraise, certify, grade, warrant, guarantee, or independently verify any Watch, Listing, Seller statement, photograph, document, condition report, service record, provenance record, serial number, reference number, component, accessory, or other information made available through the Digital Services. Unless ATP expressly states otherwise in a separate written agreement, ATP does not inspect, open, test, operate, service, repair, examine, or otherwise evaluate any Watch.
ATP MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AUTHENTICITY, GENUINENESS, ORIGINALITY, OWNERSHIP, TITLE, CONDITION, FUNCTIONALITY, ACCURACY, COMPLETENESS, PROVENANCE, SERVICE HISTORY, AGE, RARITY, QUALITY, VALUE, MARKETABILITY, LEGALITY, OR TRANSFERABILITY OF ANY WATCH. ATP does not warrant that any Watch is free from counterfeit, replacement, aftermarket, modified, restored, refinished, polished, repaired, damaged, defective, stolen, encumbered, or undisclosed components or conditions.
Any description of a Watch’s condition, originality, provenance, rarity, collectability, desirability, market value, or historical significance is informational and may be based on Seller-provided information, third-party materials, industry terminology, publicly available sources, or subjective judgment. Terms such as “authentic,” “original,” “rare,” “mint,” “excellent,” “unpolished,” “investment grade,” “collector quality,” or similar expressions do not constitute a warranty, certification, appraisal, or guarantee by ATP.
Photographs, videos, measurements, specifications, estimates, comparable sales, pricing information, condition statements, and other materials may be incomplete, inaccurate, outdated, subjective, or affected by lighting, editing, display settings, resolution, perspective, handling, or other factors. They should not be treated as a substitute for an independent physical inspection, authentication, appraisal, or professional evaluation.
ATP does not provide investment, financial, legal, tax, appraisal, valuation, authentication, repair, horological, or other professional advice. No Listing, Auction result, historical price, estimate, market commentary, comparable sale, editorial statement, communication, or other information made available through the Digital Services constitutes a recommendation to purchase, sell, hold, insure, finance, or invest in any Watch.
Watch values may fluctuate materially based on market conditions, condition, authenticity, provenance, scarcity, demand, service history, originality, economic conditions, and other factors. ATP does not guarantee any resale value, appreciation, liquidity, investment return, collectability, market demand, or future performance of any Watch.
Each Bidder and Buyer is solely responsible for conducting all diligence the Bidder or Buyer considers appropriate, including retaining independent watchmakers, authenticators, appraisers, legal counsel, tax advisors, customs professionals, or other qualified advisors. A User’s reliance on any Listing, ATP communication, third-party report, photograph, estimate, or other information is entirely at the User’s own risk.
17. Transactions Solely Between Users; Assumption of Risk
Each Transaction is entered into solely and directly between the applicable Buyer and Seller. ATP is not a party to, guarantor of, or participant in any Transaction and does not assume responsibility for the conduct, representations, omissions, performance, solvency, identity, authority, or legal compliance of any User.
Each User acknowledges that transactions involving luxury watches involve inherent risks, including counterfeit or altered items, inaccurate descriptions, undisclosed defects, ownership disputes, liens, stolen property, payment fraud, shipping loss, damage, nondelivery, tax exposure, customs issues, sanctions restrictions, and failure by a counterparty to perform. Each User knowingly and voluntarily assumes all such risks arising from or relating to any Listing, Bid, Auction, communication, introduction, payment arrangement, shipment, delivery, inspection, or Transaction.
ATP does not guarantee that any User is who the User claims to be, owns or has authority to sell a Watch, has sufficient funds, will act in good faith, will comply with applicable law, or will complete a Transaction. ATP’s account review, verification procedures, publication of a Listing, operation of an Auction, confirmation of a Winning Bidder, or introduction of Users does not constitute any endorsement, certification, warranty, or assumption of responsibility.
Each Buyer is solely responsible for evaluating the Watch and the Seller before completing a Transaction, and each Seller is solely responsible for evaluating the Buyer and confirming receipt of cleared funds before releasing the Watch. Users should independently verify identities, ownership, payment instructions, shipping arrangements, insurance coverage, title, authenticity, condition, provenance, and all other matters material to the Transaction.
Any dispute concerning a Watch or Transaction is solely between the applicable Buyer, Seller, and any relevant Third-Party Service. Such disputes may include claims relating to authenticity, ownership, title, condition, description, payment, refund, chargeback, delivery, loss, damage, insurance, taxes, customs, warranties, misrepresentation, fraud, breach of contract, or failure to perform.
ATP has no obligation to investigate, mediate, arbitrate, resolve, enforce, refund, reimburse, replace, insure, or otherwise assume responsibility for any User dispute or failed Transaction. ATP may, in its sole discretion, facilitate communications, request information, restrict Accounts, remove Listings, or take other Platform-related action, but any such action is voluntary and does not create a duty to act or liability for the outcome.
To the maximum extent permitted by applicable law, each User agrees that the User’s sole recourse for any claim arising from or relating to a Watch or Transaction shall be against the applicable counterparty or Third-Party Service and not against ATP.
18. User Communications; Non-Circumvention
The Digital Services may permit Users to submit questions, comments, responses, messages, offers, requests, and other communications relating to a Listing, Auction, Watch, or proposed Transaction. Each User is solely responsible for the accuracy, legality, completeness, and content of the User’s communications and shall communicate in a professional, truthful, and non-misleading manner.
Before ATP authorizes or facilitates direct contact, Users shall not use the Digital Services to disclose or request personal contact information, payment instructions, external website links, social-media accounts, messaging handles, or other information intended to move communications or a proposed Transaction outside the Digital Services. Users shall not use coded language, indirect references, images, documents, or other methods to circumvent this restriction.
No User may directly or indirectly circumvent, avoid, bypass, interfere with, or attempt to deprive ATP of any Buyer’s Fee or other amount payable under these Terms. Without limiting the foregoing, a Seller shall not solicit, encourage, or agree to complete a sale with a Bidder outside the Digital Services before or after an Auction for the purpose of avoiding ATP’s fees, and a Bidder shall not induce or assist a Seller in doing so.
Following ATP’s authorized introduction of a Buyer and Seller, the parties may communicate directly for the limited purpose of completing the applicable Transaction. Such direct communication does not affect the Buyer’s obligation to pay the Buyer’s Fee or either User’s obligations under these Terms. Any subsequent or modified transaction arising from the Listing, Auction, Bid, introduction, or contact facilitated through the Digital Services remains subject to ATP’s applicable fees and rights to the extent stated through the Digital Services or otherwise agreed in writing.
Users shall not use information obtained through the Digital Services to harass, threaten, defraud, impersonate, exploit, spam, solicit for unrelated purposes, distribute malware, transmit deceptive payment instructions, or engage in any unlawful, abusive, or unauthorized activity. Users shall independently verify the identity of counterparties and all payment, shipping, and delivery instructions before taking action.
ATP may review, monitor, filter, moderate, retain, block, remove, or disclose User communications to operate and protect the Digital Services, enforce these Terms, investigate misconduct, prevent fraud, respond to disputes, comply with law, or protect ATP, Users, or third parties. ATP does not undertake a duty to monitor communications and is not responsible for any communication that it does not review, prevent, remove, or disclose.
ATP may suspend or terminate an Account, cancel or invalidate a Bid or Auction result, withhold an introduction, restrict communications, or pursue any other available remedy if ATP determines that a User has attempted to circumvent the Digital Services, evade fees, manipulate a Transaction, misuse User information, or otherwise violate this Section.
19. Prohibited Conduct
Users shall not, and shall not permit any other person to, directly or indirectly: (a) access or use the Digital Services for any unlawful, fraudulent, deceptive, abusive, or unauthorized purpose, or in violation of these Terms, applicable law, or any third-party right; (b) submit, list, offer, bid on, purchase, sell, transfer, ship, or otherwise transact with respect to any Watch that is stolen, counterfeit, unlawfully obtained, subject to forfeiture, encumbered, materially misdescribed, prohibited from sale or transfer, or otherwise unlawful; (c) provide false, inaccurate, incomplete, outdated, misleading, or fraudulent information concerning any User, Account, Watch, Listing, Bid, payment method, shipment, ownership interest, authority, identity, or Transaction; (d) engage in shill bidding, bid manipulation, bid shielding, collusion, coordinated bidding, artificial price inflation, use of multiple Accounts, use of another person’s Account, or any other conduct intended to distort or improperly influence an Auction; (e) place any Bid without the present intent and financial ability to complete the applicable Transaction if confirmed as the Winning Bidder; (f) withdraw, retract, reduce, condition, or attempt to renegotiate a Bid or Winning Bid except as expressly permitted by ATP in writing; (g) submit a Watch for listing while lacking ownership, possession, control, or legal authority to sell it, or sell, transfer, withdraw, encumber, damage, or otherwise make the Watch unavailable while the Listing or Auction remains active; (h) circumvent, avoid, bypass, or attempt to deprive ATP of any Buyer’s Fee or other amount payable under these Terms, including by moving communications or a proposed Transaction outside the Digital Services for that purpose; (i) interfere with, disrupt, manipulate, overload, damage, disable, impair, or compromise the Digital Services, any Auction, any User’s access, or any systems, networks, data, security measures, or Third-Party Services used in connection with the Digital Services; (j) use any bot, crawler, scraper, spider, script, automated system, data-mining tool, or other unauthorized means to access, monitor, extract, copy, index, collect, or use data, Listings, Auction results, photographs, pricing information, or other content from the Digital Services; (k) reverse engineer, decompile, disassemble, decode, modify, adapt, translate, derive source code from, or otherwise attempt to discover the underlying structure, software, algorithms, models, systems, or technology of the Digital Services; (l) copy, reproduce, modify, distribute, publish, display, sell, license, commercialize, create derivative works from, or otherwise exploit any portion of the Digital Services or ATP’s intellectual property except as expressly authorized in writing; (m) use the Digital Services or any ATP content, data, technology, or Auction information to develop, train, improve, benchmark, support, or operate any competing or substantially similar marketplace, auction platform, watch platform, software product, database, pricing service, or commercial offering; (n) impersonate any person or entity, falsely claim affiliation with ATP or another User, misrepresent authority, or create or use an Account for another person without authorization; (o) share, sell, assign, transfer, or permit another person to use an Account, login credential, payment method, verification status, or bidding privilege without ATP’s prior written consent; (p) upload, transmit, publish, or distribute any malware, malicious code, virus, ransomware, spyware, corrupted file, harmful instruction, or other technology intended to compromise any system, device, Account, or data; (q) harass, threaten, defame, abuse, discriminate against, stalk, exploit, or invade the privacy or publicity rights of another User, ATP personnel, or any third party; (r) submit, publish, or transmit content that is unlawful, infringing, defamatory, fraudulent, deceptive, obscene, abusive, threatening, discriminatory, misleading, or otherwise objectionable; (s) use information obtained through the Digital Services for spam, unrelated solicitation, phishing, fraud, identity theft, unauthorized marketing, or any purpose unrelated to the applicable Listing, Auction, or Transaction; (t) transmit false, altered, intercepted, or unauthorized payment, shipping, delivery, or contact instructions, or attempt to divert funds, property, or communications; (u) initiate or pursue an improper chargeback, payment reversal, stop-payment request, or payment dispute concerning a properly assessed Buyer’s Fee or other amount due to ATP; (v) evade, bypass, or attempt to circumvent any Account suspension, restriction, verification requirement, bidding limit, access control, security measure, or other restriction imposed by ATP; (w) engage in money laundering, terrorist financing, sanctions evasion, bribery, corruption, tax evasion, customs fraud, export-control violations, or any other unlawful financial or regulatory activity; or (x) assist, encourage, direct, authorize, or conspire with any person to engage in any conduct prohibited by these Terms.
ATP may investigate suspected violations and may, without limiting any other rights or remedies, remove content, reject or cancel a Listing or Bid, suspend or terminate an Auction, restrict communications, withhold an introduction, suspend or terminate an Account, preserve evidence, disclose information to affected Users or authorities, and take any other action ATP determines appropriate to protect the Digital Services, ATP, Users, or third parties.
ATP is not obligated to monitor all conduct or content and shall not be liable for failing to detect, prevent, remove, or address any prohibited activity. Any enforcement action taken by ATP in one instance does not obligate ATP to take the same or similar action in any other instance.
20. User Content; License; Listing Materials
Users may submit, upload, transmit, publish, display, or otherwise make available User Content through or in connection with the Digital Services, including Listing Materials, photographs, videos, descriptions, documents, comments, questions, responses, reviews, messages, feedback, and other materials. Each User retains any ownership rights the User may have in such User Content, subject to the rights and licenses granted to ATP under these Terms.
By submitting or making User Content available to ATP, the User grants ATP and its affiliates, service providers, successors, and assigns a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid, transferable, and sublicensable right and license to host, store, reproduce, copy, use, edit, modify, adapt, translate, crop, resize, reformat, create derivative works from, publish, display, perform, distribute, transmit, communicate, archive, index, promote, advertise, market, and otherwise exploit such User Content, in whole or in part, in any format, medium, or technology now known or later developed, for purposes relating to the Digital Services, ATP’s business, marketing, advertising, public relations, editorial activities, social media, research, analytics, fraud prevention, legal compliance, enforcement, and preservation of Auction history.
Without limiting the foregoing, ATP may use and continue to display Listing Materials, Auction results, Bid history, sale-related information, photographs, descriptions, comments, and other content after a Listing or Auction ends, is cancelled, or is removed. ATP may use such materials in archived Listings, historical databases, market reports, promotional materials, newsletters, social-media posts, advertisements, press materials, investor materials, and other commercial or informational content, without further approval, notice, attribution, or compensation to the User.
Each User represents and warrants that: (i) the User owns or otherwise controls all rights necessary to submit the User Content and grant the rights set forth in these Terms; (ii) the User Content is accurate, lawful, and not misleading; (iii) ATP’s exercise of the granted rights will not infringe, misappropriate, or otherwise violate any intellectual property, privacy, publicity, confidentiality, contractual, proprietary, or other right of any person; and (iv) the User Content does not violate applicable law or these Terms.
A User shall not submit any photograph, video, document, trademark, trade name, logo, personal information, confidential information, or other material unless the User has obtained all rights, releases, licenses, permissions, notices, and consents required for ATP to use such material as contemplated by these Terms. The User remains solely responsible for all claims, liabilities, and obligations arising from or relating to the User Content.
ATP may, but is not obligated to, review, monitor, edit, reject, remove, restrict, disable access to, or refuse to publish any User Content at any time and for any reason. ATP does not endorse User Content and does not guarantee its accuracy, completeness, legality, reliability, quality, or suitability. ATP’s review, editing, formatting, publication, or removal of User Content does not transfer responsibility for such content from the User to ATP.
Publicly displayed User Content, including Listing Materials, comments, questions, and responses, shall not be treated as confidential. Users should not submit confidential, proprietary, sensitive, or personal information through publicly accessible portions of the Digital Services. ATP is not responsible for any third party’s use, copying, retention, distribution, or disclosure of publicly available User Content.
To the extent permitted by applicable law, each User waives and agrees not to assert any moral rights, rights of attribution, rights of integrity, or similar rights in User Content against ATP or any person acting under ATP’s authority. Where such rights cannot be waived, the User agrees not to exercise them in a manner that interferes with ATP’s permitted use of the User Content.
If a User provides ATP with suggestions, ideas, comments, recommendations, corrections, improvements, requests, or other feedback relating to ATP, the Digital Services, or ATP’s business (“Feedback”), the User grants ATP a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, and sublicensable right to use, disclose, reproduce, modify, commercialize, and otherwise exploit the Feedback for any purpose without restriction, attribution, approval, or compensation.
21. ATP Intellectual Property; Limited License
As between ATP and each User, ATP and its licensors own and retain all right, title, and interest in and to the Digital Services and all technology, software, systems, databases, interfaces, designs, layouts, functionality, bidding mechanisms, algorithms, source code, object code, application programming interfaces, data compilations, Auction data, pricing data, historical results, analytics, reports, text, graphics, photographs, videos, trademarks, service marks, trade names, logos, domain names, documentation, processes, methods, know-how, improvements, modifications, derivative works, and other materials owned, developed, licensed, or made available by ATP (collectively, “ATP Technology”), including all intellectual property and proprietary rights therein. ATP Technology does not include User Content solely to the extent owned by the applicable User, subject to the licenses granted to ATP under these Terms.
Subject to the User’s continuing compliance with these Terms, ATP grants the User a limited, revocable, non-exclusive, non-transferable, non-assignable, and non-sublicensable right to access and use the Digital Services solely for the User’s personal use or internal business purposes relating to reviewing Listings, submitting Watches, participating in Auctions, communicating with other Users as authorized by ATP, and pursuing Transactions in accordance with these Terms. This limited right does not transfer any ownership interest in the Digital Services or ATP Technology.
Except as expressly authorized by ATP in writing, no User may copy, reproduce, download, republish, upload, post, transmit, distribute, modify, adapt, translate, create derivative works from, publicly display, publicly perform, sell, resell, license, sublicense, lease, rent, assign, transfer, commercialize, or otherwise exploit any ATP Technology. Users may not use ATP Technology, Listings, Auction results, photographs, descriptions, pricing information, historical data, or other content for any commercial purpose unrelated to participation in the Digital Services.
No User may scrape, crawl, index, harvest, extract, aggregate, cache, monitor, copy, or systematically collect any content or data from the Digital Services through automated or manual means, including through bots, spiders, crawlers, scripts, browser extensions, data-mining tools, artificial intelligence systems, or similar technologies, without ATP’s prior written consent. Users may not use any ATP Technology or data to create, populate, train, improve, benchmark, validate, support, or operate any competing or substantially similar marketplace, auction platform, watch database, valuation service, pricing tool, artificial intelligence model, software product, or commercial service.
Users shall not reverse engineer, decompile, disassemble, decode, derive, discover, or attempt to discover the source code, object code, architecture, structure, algorithms, models, logic, processes, or underlying technology of the Digital Services; circumvent or attempt to circumvent any technical restriction, access control, security feature, usage limit, or authentication measure; or remove, alter, conceal, or obscure any copyright, trademark, attribution, proprietary notice, watermark, disclaimer, or other rights-management information.
The names “Auction Timepieces,” “ATP,” and all related names, logos, product and service names, designs, slogans, trade dress, and other brand identifiers are trademarks or proprietary marks of ATP or its licensors. No right or license to use any ATP trademark, service mark, trade name, logo, domain name, or other brand identifier is granted by these Terms, except as expressly authorized by ATP in writing. Users shall not use any mark that is identical or confusingly similar to an ATP mark or imply any sponsorship, endorsement, affiliation, or approval by ATP.
Any unauthorized access to or use of the Digital Services or ATP Technology automatically terminates the limited license granted under this Section. Upon suspension or termination of a User’s Account or access to the Digital Services, the User shall immediately cease all use of ATP Technology and delete any non-public ATP materials in the User’s possession or control.
All rights not expressly granted to a User under these Terms are reserved by ATP and its licensors. No license, right, title, or interest in or to ATP Technology is granted by implication, estoppel, exhaustion, or otherwise.
22. Third-Party Services; Third-Party Links
The Digital Services may access, integrate with, rely upon, display content from, transmit information to, receive information from, or otherwise interoperate with Third-Party Services, including payment processors, financial institutions, identity-verification providers, fraud-prevention services, hosting providers, analytics providers, communications providers, shipping companies, insurers, customs brokers, appraisal or authentication providers, watch databases, social-media platforms, and other third-party websites, applications, systems, vendors, or service providers.
ATP does not own or control Third-Party Services and is not responsible for their availability, performance, security, accuracy, reliability, legality, data practices, fees, terms, errors, delays, outages, suspensions, discontinuation, or other acts or omissions. Any use of a Third-Party Service is subject to the applicable third party’s own terms, privacy policies, fees, procedures, and requirements.
The Digital Services may contain links to or references to third-party websites, services, products, content, or providers. Such links and references are provided solely for convenience and informational purposes and do not constitute ATP’s endorsement, recommendation, sponsorship, certification, warranty, or approval of the applicable third party or its products, services, content, conduct, or practices.
If a User elects to use a Third-Party Service in connection with an Account, Bid, Listing, Buyer’s Fee, payment arrangement, shipment, insurance, inspection, authentication, appraisal, customs matter, or Transaction, the User does so at the User’s own risk and is solely responsible for reviewing and complying with the applicable third-party terms. ATP is not a party to any agreement between a User and a Third-Party Service.
A User authorizes ATP to disclose, transmit, receive, and process information with Third-Party Services as reasonably necessary to operate the Digital Services, verify identity or payment information, process the Buyer’s Fee, prevent fraud, facilitate communications, comply with applicable law, enforce these Terms, or provide features requested by the User, subject to ATP’s Privacy Policy
ATP may add, remove, replace, suspend, restrict, or modify any integration, link, provider, or Third-Party Service at any time. Changes to or failures of Third-Party Services may affect the availability, functionality, timing, accuracy, or performance of the Digital Services, and ATP shall not be liable for any resulting loss, delay, error, interruption, or inability to complete a Bid, Auction, payment, shipment, or Transaction.
To the maximum extent permitted by applicable law, ATP disclaims all responsibility and liability arising from or relating to any Third-Party Service, including any payment failure, authorization hold, account restriction, data breach, identity-verification error, shipping loss, insurance denial, customs delay, appraisal or authentication error, website content, external communication, or other third-party act or omission.
23. Privacy; Electronic Communications; Monitoring
ATP’s collection, use, storage, disclosure, and other processing of personal information is described in its Privacy Policy, which is incorporated into these Terms by reference. By accessing or using the Digital Services, creating an Account, submitting a Watch, placing a Bid, participating in an Auction, or communicating through the Digital Services, each User acknowledges that the User has reviewed the Privacy Policy and consents to ATP’s processing of information as described therein.
Each User consents to receive transactional, administrative, Account-related, security-related, bidding-related, Auction-related, payment-related, support-related, and service-related communications from ATP by email, SMS or text message, telephone, in-Platform message, push notification, or other electronic means. Such communications may include Account notices, identity-verification requests, Bid confirmations, outbid notices, Auction reminders, Winning Bidder notices, payment alerts, security notifications, Transaction-related introductions, policy updates, and other information concerning the User’s use of the Digital Services.
Where permitted by applicable law, ATP may also send promotional or marketing communications. Consent to receive promotional communications is not a condition of using the Digital Services. Users may opt out of promotional email or SMS communications by following the instructions provided in the applicable message, but ATP may continue sending non-promotional communications reasonably necessary to operate the Digital Services, administer Accounts, process payments, protect security, or comply with law.
Each User represents and warrants that all telephone numbers, email addresses, mailing addresses, payment information, and other contact information provided to ATP are accurate and that the User has authority to provide such information and receive communications at those contact points. The User shall promptly update such information if it changes or if the User no longer has authority to use it. Message and data rates may apply to SMS or other mobile communications.
ATP may monitor, access, review, record, retain, filter, moderate, analyze, and disclose communications and activity occurring through or in connection with the Digital Services, including messages between Users, Listing questions and responses, Account activity, Bids, payment activity, and technical logs, to the extent permitted by applicable law. ATP may do so to operate and improve the Digital Services, enforce these Terms, investigate disputes or suspected misconduct, prevent fraud, protect security, comply with legal obligations, and protect ATP, Users, or third parties.
ATP does not undertake a general duty to monitor all User communications or activity and does not guarantee that it will detect, prevent, review, remove, or preserve any unlawful, fraudulent, abusive, inaccurate, misleading, or otherwise objectionable content or conduct. ATP’s monitoring, moderation, or failure to monitor or moderate shall not make ATP responsible for any User communication, Listing, Bid, Transaction, or other User conduct.
Communications transmitted through the Digital Services may not be private or confidential as between the communicating Users and ATP. Users shall not submit sensitive personal information, financial-account credentials, full payment instructions, confidential business information, or other information through public or unsecured portions of the Digital Services. Following an authorized introduction, Users are solely responsible for the security and legality of any communications exchanged outside the Digital Services.
ATP may preserve and disclose information, communications, and records where ATP reasonably believes preservation or disclosure is required or appropriate to comply with applicable law, legal process, governmental requests, regulatory obligations, payment-processor requirements, fraud investigations, security incidents, enforcement of these Terms, or protection of ATP, Users, or third parties.
By providing a mobile telephone number to ATP, each User expressly consents to receive recurring transactional, informational, security-related, and, where separately authorized, marketing text messages and calls from or on behalf of ATP at that number, including communications sent using an automatic telephone dialing system, artificial or prerecorded voice, or other automated technology, to the extent permitted by applicable law. Consent to receive marketing communications is not a condition of purchasing any property or service. Message frequency may vary, and message and data rates may apply. A User may opt out of marketing text messages at any time by replying “STOP” or using any other opt-out method identified in the applicable message. A User may request assistance by replying “HELP” or contacting ATP at the contact information provided through the Digital Services. Opting out of marketing communications will not prevent ATP from sending non-marketing communications concerning the User’s Account, security, Bids, Auctions, Buyer’s Fees, Transactions, legal notices, or other service-related matters. Carriers are not liable for delayed or undelivered messages. Each User shall promptly notify ATP if the User’s mobile telephone number changes or is reassigned.
24. Service Availability; Platform Changes; Technical Errors
ATP does not guarantee that the Digital Services will be available, uninterrupted, secure, timely, error-free, or compatible with any particular device, browser, operating system, network, or Third-Party Service. The Digital Services may be unavailable, delayed, impaired, or interrupted due to maintenance, updates, technical failures, internet or telecommunications issues, hosting-provider outages, cyberattacks, security incidents, traffic volume, Third-Party Service failures, or other circumstances within or outside ATP’s control.
ATP may modify, update, enhance, suspend, discontinue, replace, restrict, or remove any portion of the Digital Services, including any feature, Listing format, bidding process, Auction procedure, Account functionality, communication tool, verification requirement, fee structure, payment method, or Third-Party Service integration, at any time and without liability. ATP does not guarantee the continued availability of any particular feature, Listing, Auction, User Content, or functionality.
ATP may perform scheduled or emergency maintenance and may temporarily suspend or restrict access to all or any portion of the Digital Services. ATP shall not be liable for any loss, delay, missed Bid, inability to participate in an Auction, failed communication, payment issue, lost opportunity, or incomplete Transaction resulting from any suspension, interruption, modification, or unavailability of the Digital Services.
Bids, Listings, Auction results, Account information, fees, notifications, times, prices, Reserve Price status, and other information displayed through the Digital Services may be affected by clerical, typographical, computational, data-entry, transmission, display, timing, software, system, or other errors. ATP may correct any error or omission at any time, including before, during, or after an Auction, and may modify, invalidate, remove, or disregard any affected Listing, Bid, Auction result, fee, notice, or other information.
If ATP determines that a technical error, system failure, connectivity issue, unauthorized activity, fraud, manipulation, or other irregularity affected or may have affected an Auction, ATP may, in its sole discretion, pause, extend, suspend, cancel, reopen, restart, or otherwise modify the Auction; reject or invalidate any Bid; identify a different apparent Winning Bidder; or determine that no qualifying Winning Bid exists. ATP’s records and system logs shall control absent manifest error.
A Bid is not deemed received merely because a User attempted to submit it or received a device, browser, email, or other indication that it was transmitted. ATP is not responsible for delayed, lost, duplicated, incomplete, misdirected, rejected, or incorrectly displayed Bids, communications, notifications, authorizations, or other submissions.
Auction clocks, countdown timers, notifications, emails, text messages, and other time-related displays are provided for convenience only. Users are solely responsible for monitoring applicable Listings and Auctions through the Digital Services. Failure to receive an outbid notice, reminder, confirmation, extension notice, or other communication does not affect the validity of an Auction or excuse any User obligation.
No information, communication, correction, technical assistance, customer support, or other action by ATP shall create any warranty, guarantee, duty, or liability not expressly stated in these Terms.
25. Suspension; Restriction; Account Termination
ATP may, at any time and in its sole discretion, suspend, restrict, disable, or terminate a User’s Account or access to all or any portion of the Digital Services, with or without prior notice, if ATP determines that: (i) the User has violated these Terms or any other applicable policy; (ii) the User has failed to pay any amount due to ATP; (iii) the User has engaged in or is suspected of fraud, manipulation, unlawful conduct, abusive activity, circumvention, or misuse of the Digital Services; (iv) the User’s Account, credentials, payment method, identity, Listing, Bid, communication, or Transaction presents a legal, regulatory, financial, security, operational, technical, or reputational risk; (v) the User has failed to complete a Transaction, respond to ATP, or provide requested information or verification; (vi) suspension or termination is necessary to protect ATP, the Digital Services, another User, or any third party; or (vii) ATP is required or requested to do so by applicable law, legal process, a governmental authority, payment processor, financial institution, or Third-Party Service.
ATP may also reject, remove, suspend, or cancel any Listing, Watch submission, Bid, Auction, Auction result, communication, introduction, or other activity associated with a suspended or terminated Account. ATP may prevent a suspended or terminated User from creating or using another Account and may restrict access associated with the User’s identity, contact information, payment method, device, network, or other identifying information.
ATP is not obligated to disclose the specific reason, evidence, criteria, fraud-detection method, risk model, or internal information underlying any suspension, restriction, or termination decision. ATP may require additional identification, payment verification, documentation, assurances, or corrective action before restoring access, and any restoration shall be entirely within ATP’s discretion.
A User may discontinue use of the Digital Services at any time and may request closure of the User’s Account, subject to any outstanding obligations, active Listings, Bids, Auctions, Transactions, fees, disputes, investigations, legal holds, or record-retention requirements. Closing an Account does not cancel or invalidate any Bid, Winning Bid, Buyer’s Fee, payment obligation, Transaction-related obligation, indemnification obligation, or other liability incurred before closure.
Upon suspension or termination, the User’s limited license to access and use the Digital Services and ATP Technology shall immediately cease, except to the extent ATP expressly permits limited access for purposes such as completing an existing Transaction, responding to an investigation, or retrieving information. ATP may retain Account information, communications, bidding records, payment records, Listing Materials, and other information as permitted by its Privacy Policy and applicable law.
Suspension, restriction, or termination shall not relieve any User of obligations accrued before the effective date of such action, including obligations relating to Buyer’s Fees, payment, Transactions, confidentiality, intellectual property, User Content, releases, indemnification, dispute resolution, or liability. Any provision of these Terms that by its nature should survive suspension, closure, or termination shall survive.
ATP shall not be liable for any loss, damage, delay, missed opportunity, inability to Bid, inability to complete a Transaction, loss of access, reputational harm, or other consequence arising from any suspension, restriction, disabling, or termination undertaken in accordance with these Terms.
26. Disclaimers; “As Is” and “As Available”
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DIGITAL SERVICES, ATP TECHNOLOGY, LISTINGS, AUCTIONS, BIDDING FUNCTIONALITY, USER CONTENT, THIRD-PARTY CONTENT, COMMUNICATIONS, INTRODUCTIONS, DATA, INFORMATION, AND ALL RELATED FEATURES, MATERIALS, AND SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” EACH USER ACCESSES AND USES THE DIGITAL SERVICES AND PARTICIPATES IN ANY LISTING, AUCTION, BID, COMMUNICATION, INTRODUCTION, OR TRANSACTION ENTIRELY AT THE USER’S OWN RISK.
ATP DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, COVENANTS, AND GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, AUTHENTICITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, LEGALITY, ERROR-FREE OPERATION, UNINTERRUPTED OPERATION, COURSE OF DEALING, USAGE OF TRADE, AND RESULTS.
ATP does not warrant or guarantee that the Digital Services will satisfy any User’s requirements; remain available, uninterrupted, timely, secure, or error-free; accurately receive, process, display, or preserve any Listing, Bid, Auction result, message, payment authorization, notification, or other information; be free from viruses, malware, vulnerabilities, or harmful components; or be compatible with any device, browser, software, network, or Third-Party Service.
ATP MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE CONCERNING ANY WATCH, SELLER, BIDDER, BUYER, LISTING, BID, AUCTION RESULT, PAYMENT ARRANGEMENT, SHIPMENT, DELIVERY, INSURANCE POLICY, INSPECTION, OR TRANSACTION. Without limiting the foregoing, ATP does not warrant or guarantee the identity, authority, honesty, solvency, legal compliance, conduct, or performance of any User; the authenticity, genuineness, ownership, title, provenance, originality, condition, functionality, quality, accuracy, description, legality, marketability, value, or transferability of any Watch; or that any Transaction will be initiated, completed, enforceable, profitable, lawful, or satisfactory.
ATP does not warrant that any Watch is free from counterfeit, stolen, replaced, aftermarket, modified, restored, refinished, polished, repaired, damaged, defective, encumbered, or undisclosed parts, conditions, claims, or defects. ATP does not guarantee that any Seller will deliver a Watch, that any Buyer will pay the Purchase Price, that any Watch will arrive safely or as described, that title will pass free of claims, or that any User will comply with these Terms or applicable law.
Listings, photographs, videos, descriptions, condition statements, specifications, provenance information, service records, estimates, comparable sales, historical results, comments, and other content may be inaccurate, incomplete, outdated, subjective, misleading, or supplied by Users or third parties. ATP does not independently verify such information and no review, editing, formatting, publication, verification procedure, communication, assistance, or other action by ATP creates any warranty, certification, endorsement, recommendation, or duty.
ATP does not provide legal, tax, customs, investment, financial, appraisal, authentication, insurance, shipping, payment, repair, horological, or other professional advice. Users are solely responsible for obtaining independent professional advice and conducting all diligence they consider necessary before submitting a Watch, placing a Bid, making or accepting payment, shipping or releasing a Watch, or entering into a Transaction.
ATP does not control and is not responsible for any Third-Party Service, including any payment processor, financial institution, identity-verification provider, carrier, insurer, escrow provider, customs broker, hosting provider, communications provider, authentication provider, appraisal provider, or external website. ATP disclaims all responsibility for any third-party error, delay, outage, denial, loss, breach, misconduct, fee, restriction, or failure.
No oral or written information, communication, statement, assistance, customer support, Listing content, marketing material, or other material provided by ATP or its personnel shall create any warranty, representation, guarantee, duty, or obligation not expressly stated in these Terms.
Some jurisdictions do not permit the exclusion of certain warranties or statutory rights. In those jurisdictions, the foregoing disclaimers shall apply to the maximum extent permitted by applicable law.
27. Release of ATP from User Disputes
To the maximum extent permitted by applicable law, each User, whether acting individually or on behalf of an entity, on behalf of itself or himself or herself, as applicable, and its or his or her respective affiliates, owners, members, managers, shareholders, partners, officers, directors, employees, agents, representatives, heirs, personal representatives, successors, and assigns, hereby releases, waives, and forever discharges ATP and its affiliates, officers, directors, employees, contractors, agents, representatives, licensors, service providers, successors, and assigns (collectively, the “ATP Released Parties”) from any and all claims, demands, causes of action, liabilities, losses, damages, judgments, costs, and expenses, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, fixed or contingent, arising out of or relating to any dispute between or among Users or any Third-Party Service.
Without limiting the foregoing, this release applies to claims arising out of or relating to any Watch, Listing, Listing Materials, User Content, Bid, Auction, Auction result, Reserve Price, Winning Bid, communication, introduction, payment instruction, Purchase Price, Buyer’s Fee dispute involving another User, Transaction, failed Transaction, shipment, delivery, inspection, authentication, appraisal, insurance, title transfer, risk of loss, tax, duty, customs matter, refund, return, chargeback, warranty, representation, omission, fraud, misdescription, counterfeit item, stolen property, lien, defect, damage, nondelivery, nonpayment, or failure by any User or Third-Party Service to perform.
Each User acknowledges that ATP does not control Users or Third-Party Services and is not a party to any Transaction. Any assistance ATP may provide in facilitating communications, requesting information, reviewing Account activity, restricting access, removing content, or taking other Platform-related action is voluntary and does not create any duty to investigate, mediate, resolve, enforce, reimburse, compensate, or otherwise assume responsibility for any dispute.
Each User agrees to pursue any claim concerning a Watch or Transaction directly against the applicable Buyer, Seller, carrier, insurer, financial institution, payment provider, authentication provider, appraisal provider, or other responsible third party, and not against any ATP Released Party, except to the extent such release is prohibited by applicable law.
To the extent applicable, each User expressly waives the protections of California Civil Code Section 1542 and any comparable law of any jurisdiction, which provides in substance that a general release does not extend to claims the releasing party does not know or suspect to exist in its favor at the time of executing the release and that, if known, would have materially affected the releasing party’s settlement with the released party.
Nothing in this Section releases any claim that cannot lawfully be released or waived under applicable law. This release is in addition to, and does not limit, any disclaimer, assumption of risk, limitation of liability, indemnification obligation, or other protection afforded to ATP under these Terms.
28. Indemnification
Each User shall defend, indemnify, and hold harmless ATP and its affiliates, officers, directors, employees, contractors, agents, representatives, licensors, service providers, successors, and assigns (collectively, the “ATP Indemnified Parties”) from and against any and all claims, demands, actions, proceedings, investigations, damages, liabilities, losses, judgments, settlements, fines, penalties, costs, and expenses, including reasonable attorneys’ fees and costs of investigation, defense, settlement, and enforcement, arising out of or relating to: (a) the User’s access to or use of the Digital Services; (b) any Account, Listing, Listing Material, User Content, Bid, communication, representation, omission, payment instruction, shipment, delivery, or other act or omission of the User; (c) any Watch submitted, listed, offered, sold, purchased, shipped, delivered, received, or otherwise involved in a Transaction by or on behalf of the User; (d) any actual or alleged defect in title, lien, ownership dispute, counterfeit status, theft, inauthenticity, misdescription, omission, undisclosed condition, damage, defect, modification, replacement part, aftermarket component, provenance issue, service-history issue, legal restriction, or other issue relating to a Watch; (e) any Transaction or attempted Transaction involving the User, including any failure to pay, failure to deliver, failure to transfer title, failure to complete the Transaction, refund request, return request, chargeback, payment reversal, shipping loss, insurance claim, customs issue, tax liability, or dispute with another User or Third-Party Service; (f) the User’s breach or alleged breach of these Terms, any applicable policy, or any representation, warranty, covenant, or obligation owed to ATP or another User; (g) the User’s violation or alleged violation of any applicable law, regulation, sanctions requirement, anti-money-laundering requirement, customs or export-control rule, tax obligation, intellectual property right, privacy right, publicity right, contractual right, or other third-party right; (h) the User’s failure to obtain or maintain any license, permit, approval, consent, authorization, notice, insurance, tax registration, customs documentation, or other requirement applicable to the User, the Watch, or the Transaction; (i) any fraud, negligence, willful misconduct, misrepresentation, unlawful conduct, abusive conduct, circumvention, or misuse of the Digital Services by the User or any person acting through the User’s Account; or (j) any claim by a Buyer, Seller, Bidder, carrier, insurer, payment provider, financial institution, customs authority, tax authority, regulator, governmental agency, or other third party arising from or relating to the User’s conduct, Watch, Listing, Bid, or Transaction.
ATP may, at the User’s expense, assume exclusive control of the defense and settlement of any indemnified claim. The User shall cooperate fully with ATP in the investigation, defense, and resolution of the claim and shall not settle any claim in a manner that admits wrongdoing by, imposes liability or obligations upon, or otherwise adversely affects any ATP Indemnified Party without ATP’s prior written consent.
The User’s indemnification obligations are independent of, cumulative with, and not limited by any release, disclaimer, assumption of risk, limitation of liability, suspension, termination, or other remedy available to ATP under these Terms or applicable law.
29. Governing Law; Arbitration; Jury-Trial and Class-Action Waivers
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES BETWEEN A USER AND ATP TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT AND INCLUDES WAIVERS OF JURY TRIALS AND CLASS, COLLECTIVE, CONSOLIDATED, AND REPRESENTATIVE PROCEEDINGS.
These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the Digital Services, ATP Technology, any Account, Listing, Watch, Bid, Auction, Buyer’s Fee, communication, introduction, Transaction, or the relationship between ATP and any User shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles. The Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions in this Section.
Except for the matters expressly excluded below, any dispute, claim, or controversy between a User and ATP arising out of or relating to these Terms, the Digital Services, ATP Technology, any Account, Listing, Watch, Bid, Auction, Buyer’s Fee, communication, introduction, Transaction, or the relationship between the parties, whether based in contract, tort, statute, fraud, misrepresentation, negligence, warranty, equity, or any other legal or equitable theory, shall be resolved exclusively through final and binding individual arbitration.
Before initiating arbitration, the party asserting a claim shall provide the other party with written notice describing the nature and basis of the claim and the relief requested. The parties shall attempt in good faith to resolve the dispute informally for at least thirty (30) days after receipt of the notice. A User shall send such notice to ATP at the notice address or email address identified through the Digital Services, and ATP may send notice to the email or mailing address associated with the User’s Account.
The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by this Section. The arbitration shall be conducted by one neutral arbitrator. Unless the parties agree otherwise, the arbitration shall be conducted remotely, by written submissions, or in the California county where the User resides, as required by the applicable AAA rules or applicable law.
The arbitrator shall have exclusive authority to resolve all disputes concerning the interpretation, applicability, enforceability, formation, or scope of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable; provided, however, that a court of competent jurisdiction shall decide any dispute concerning the enforceability of the class-action, collective-action, representative-action, or public-injunctive-relief waivers contained in this Section.
ATP shall pay arbitration fees to the extent required by the AAA Consumer Arbitration Rules or applicable law. Each party shall otherwise bear its own attorneys’ fees and costs, except where the arbitrator awards fees or costs under applicable law, these Terms, or another enforceable agreement. The arbitrator may award any individual relief that would be available in court, subject to the limitations, disclaimers, releases, and other provisions of these Terms.
Either party may bring an individual action in small-claims court if the claim qualifies and remains solely in that court. ATP may also seek temporary, preliminary, or permanent injunctive or other provisional relief in a court of competent jurisdiction to protect ATP Technology, intellectual property, Confidential Information, systems, security, data, Accounts, Users, or other proprietary or business interests where such relief is necessary to prevent immediate or irreparable harm or preserve the effectiveness of the arbitration. Seeking such relief shall not waive the right to arbitrate any other dispute.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH USER AND ATP KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY COURT PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, THE DIGITAL SERVICES, OR THE RELATIONSHIP BETWEEN THE PARTIES.
EACH USER AND ATP AGREE THAT ALL CLAIMS SHALL BE BROUGHT AND RESOLVED ONLY ON AN INDIVIDUAL BASIS. NEITHER THE USER NOR ATP MAY BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, MASS, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE ACTION OR ARBITRATION, AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE CLAIMS OR PRESIDE OVER ANY SUCH PROCEEDING.
Nothing in this Section waives a User’s right to seek public injunctive relief where such a waiver would be unenforceable under applicable law. Any claim for public injunctive relief that cannot lawfully be arbitrated on an individual basis shall be severed and decided by a court of competent jurisdiction, and all remaining claims shall be arbitrated first to the fullest extent permitted by law.
If any portion of this Section is found invalid, illegal, or unenforceable, it shall be severed or limited to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. If the prohibition on class or representative arbitration is found unenforceable as to a particular claim, that claim shall proceed in court rather than in class or representative arbitration.
The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. California recognizes written arbitration agreements as generally valid and enforceable, subject to ordinary contract defenses, while also permitting courts to decline enforcement of unconscionable provisions. California law also imposes specific payment deadlines and consequences on the drafting party in consumer arbitration proceedings.
30. Changes to the Digital Services and Terms
ATP may modify, update, enhance, suspend, discontinue, replace, restrict, or remove any portion of the Digital Services at any time, including any feature, Listing format, Auction procedure, bidding rule, Account requirement, verification process, communication tool, fee structure, payment method, or Third-Party Service integration. ATP does not guarantee the continued availability of any particular feature, Listing, Auction, service, or functionality.
ATP may also modify or update these Terms from time to time. ATP will provide notice of material changes by posting the updated Terms through the Digital Services, sending notice to the email address associated with a User’s Account, providing an in-Platform notice, or using another reasonable method. Unless otherwise stated in the notice, updated Terms will become effective upon posting or delivery of notice.
A User’s continued access to or use of the Digital Services after the updated Terms become effective constitutes acceptance of the revised Terms. If a User does not agree to the revised Terms, the User must stop using the Digital Services and may request closure of the User’s Account, subject to all outstanding Bids, Listings, Auctions, Transactions, fees, disputes, and other accrued obligations.
ATP may establish additional or modified terms for a particular Listing, Auction, feature, promotion, checkout option, verification service, or other aspect of the Digital Services. Such additional terms shall supplement these Terms and, in the event of a conflict, shall control solely with respect to the specific subject matter they address.
No modification to these Terms will apply retroactively to a dispute that arose before the effective date of the modification unless expressly required by applicable law or agreed to by the parties in writing.
31. Copyright and Intellectual Property Complaints
ATP respects the intellectual property rights of others and expects Users to do the same. A User may not upload, submit, publish, transmit, display, distribute, list, or otherwise make available through the Digital Services any User Content, Listing Materials, photograph, video, text, trademark, logo, design, or other material that infringes, misappropriates, or otherwise violates any copyright, trademark, trade dress, patent, publicity, privacy, contractual, or other proprietary right of any person.
ATP may, in its sole discretion and without liability, remove or disable access to allegedly infringing material; suspend, restrict, or terminate Accounts associated with alleged or repeated infringement; cancel or remove affected Listings or Auctions; preserve relevant records; and take any other action ATP considers appropriate under these Terms or applicable law. ATP may act upon receipt of a complaint without first determining whether the complained-of material is legally infringing.
A copyright owner or its authorized agent who believes that material available through the Digital Services infringes a copyright may submit a written notification to ATP’s designated copyright agent containing: (a) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf; (b) identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are covered by one notification, a representative list of such works; (c) identification of the material claimed to be infringing or the subject of infringing activity, together with information reasonably sufficient to permit ATP to locate the material; (d) information reasonably sufficient to permit ATP to contact the complaining party, including the complaining party’s name, mailing address, telephone number, and email address; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or applicable law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is the copyright owner or is authorized to act on behalf of the copyright owner.
Copyright notices shall be delivered to ATP’s designated copyright agent at:
Copyright Agent Auction Timepieces, Inc. 24324 Walnut Street, Suite B Newhall, CA 91321 Email: support@auctiontimepieces.com
A notification that does not contain all information required by applicable law may be ineffective and may delay ATP’s ability to evaluate or respond to the complaint.
A User who believes that material was removed or disabled as a result of mistake or misidentification may submit a written counter-notification to ATP’s designated copyright agent containing: (a) the User’s physical or electronic signature; (b) identification of the material that was removed or disabled and the location at which the material appeared before it was removed or disabled; (c) a statement under penalty of perjury that the User has a good-faith belief that the material was removed or disabled as a result of mistake or misidentification; (d) the User’s name, address, and telephone number; (e) a statement that the User consents to the jurisdiction of the appropriate United States federal district court for the User’s address or, if the User resides outside the United States, any judicial district in which ATP may be found; and (f) a statement that the User will accept service of process from the person who submitted the original infringement notification or that person’s agent.
Upon receipt of a valid counter-notification, ATP may provide a copy to the complaining party and may restore the removed material in accordance with applicable law unless ATP’s designated agent receives timely notice that the complaining party has filed a court action seeking to restrain the User from engaging in the allegedly infringing activity.
ATP may terminate, in appropriate circumstances and in its sole discretion, Accounts of Users whom ATP determines to be repeat infringers. ATP may also restrict or terminate an Account based on a single instance of alleged infringement, particularly where ATP believes the conduct is willful, fraudulent, unlawful, or presents material risk to ATP or third parties.
Complaints concerning trademarks, trade dress, rights of publicity, or other intellectual property rights should identify the right allegedly violated, the owner of that right, the material or conduct at issue, the location of the challenged material, the legal basis for the complaint, and the complainant’s contact information and authority to act.
ATP is not obligated to adjudicate ownership disputes, determine the validity or scope of intellectual property rights, or resolve competing claims between Users or third parties. ATP may require a court order, registration certificate, authorization document, sworn statement, or other supporting information before taking or reversing any action.
Any person who knowingly submits a materially false or misleading infringement notice, counter-notification, or intellectual property complaint may be liable for damages, costs, and attorneys’ fees under applicable law. ATP reserves all rights and remedies against any person who abuses its complaint procedures.
32. Miscellaneous
These Terms, together with the Privacy Policy, any applicable Listing-specific or Auction-specific terms, fee disclosures, checkout terms, and any other policies or supplemental terms expressly incorporated by reference, constitute the entire agreement between ATP and each User concerning the Digital Services and supersede all prior or contemporaneous understandings, communications, representations, proposals, and agreements concerning the same subject matter, whether oral or written. No statement, representation, promise, course of dealing, course of performance, industry practice, or usage of trade not expressly incorporated into these Terms shall modify, supplement, or create any obligation under these Terms.
If there is a conflict between these Terms and any supplemental terms expressly applicable to a particular feature, Listing, Auction, checkout method, verification service, or promotion, the supplemental terms shall control solely with respect to that specific subject matter. Any separately executed written agreement signed by an authorized representative of ATP shall control over these Terms solely to the extent of an express conflict.
A User may not assign, delegate, transfer, sublicense, or otherwise dispose of any right or obligation under these Terms, whether voluntarily, involuntarily, by operation of law, through merger, change of control, or otherwise, without ATP’s prior written consent. Any attempted assignment or transfer in violation of this provision is void. ATP may assign, delegate, transfer, or otherwise dispose of these Terms, in whole or in part, without notice or consent, including in connection with a merger, acquisition, financing, reorganization, sale of assets, change of control, or transfer to an affiliate or successor. These Terms bind and benefit the parties and their respective permitted successors and assigns.
Except for the ATP Released Parties and ATP Indemnified Parties, who are intended third-party beneficiaries of the provisions protecting them, these Terms are solely for the benefit of ATP and the applicable User and do not confer any right, benefit, remedy, or cause of action upon any other person.
ATP and each User are independent contracting parties. Nothing in these Terms creates or shall be construed to create any partnership, joint venture, employment, franchise, agency, fiduciary, brokerage, consignment, or other special relationship between ATP and any User.
ATP may provide notices to a User by email, SMS, in-Platform notification, posting through the Digital Services, or any other reasonable method using the contact information associated with the User’s Account. Notice shall be deemed received when sent, posted, or otherwise made available, unless applicable law requires otherwise. To be deemed valid, notices to ATP must be delivered to:
Auction Timepieces, Inc. Attn: Legal Department 24324 Walnut Street, Suite B Newhall, CA 91321 Email: support@auctiontimepieces.com
A notice relating to arbitration, indemnification, intellectual property, breach, or any formal legal claim must clearly identify the sender, the applicable Account, the nature of the matter, and the relief requested.
Each User consents to the use of electronic records, electronic communications, electronic signatures, click-through acceptances, and other electronic methods in connection with these Terms and the Digital Services. Electronic acceptance of these Terms and electronically maintained records shall have the same force and effect as a handwritten signature and paper record to the maximum extent permitted by applicable law.
No failure or delay by ATP in exercising any right, power, privilege, or remedy shall operate as a waiver. No single or partial exercise of any right or remedy shall preclude any other or further exercise of that or any other right or remedy. Any waiver by ATP must be express and in writing and shall apply only to the specific instance for which it is given. ATP’s decision not to enforce a provision against one User or in one circumstance does not waive ATP’s right to enforce that provision against another User or in another circumstance.
Except as otherwise expressly provided in the arbitration provisions, if any provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by law and, if necessary, severed or reformed to reflect the parties’ original intent as closely as possible. The remaining provisions shall remain in full force and effect.
Headings are for convenience only and do not affect interpretation. The words “include,” “includes,” and “including” mean “including without limitation.” The words “or” and “any” are not exclusive. References to “written” or “in writing” include electronic communications and records where permitted by law. These Terms shall be construed fairly according to their plain meaning and not strictly for or against either party based upon authorship. Unless the context requires otherwise, words in the singular include the plural and words in the plural include the singular.
ATP’s rights and remedies under these Terms are cumulative and in addition to all rights and remedies available at law or in equity. ATP’s exercise of one right or remedy does not preclude the exercise of any other right or remedy.
ATP shall not be liable for any delay, interruption, failure, or inability to perform resulting from circumstances beyond its reasonable control, including acts of God, natural disasters, severe weather, fire, flood, earthquake, epidemic, pandemic, war, terrorism, civil unrest, governmental action, sanctions, embargoes, labor disputes, power failures, internet or telecommunications outages, cyberattacks, security incidents, failures of carriers, financial institutions, payment processors, hosting providers, or other Third-Party Services, or any other event beyond ATP’s reasonable control.
Each User acknowledges that the User has not relied upon any representation, warranty, statement, promise, or assurance not expressly set forth in these Terms. Each User is solely responsible for independently evaluating the Digital Services, each Watch, each Listing, each Auction, and each Transaction.
Any provision that by its nature should survive expiration, suspension, Account closure, or termination shall survive, including provisions concerning accrued payment obligations, Buyer’s Fees, intellectual property, User Content licenses, disclaimers, releases, indemnification, limitations of liability, dispute resolution, governing law, and miscellaneous terms.
Questions regarding these Terms or the Digital Services may be directed to:
Auction Timepieces, Inc. 24324 Walnut Street, Suite B Newhall, CA 91321 Email: support@auctiontimepieces.com