TERMS AND CONDITIONS - 2026
CHECKERED FLAG PROPERTIES, LLC
d/b/a ESTATE AUCTION EXPERTS OF MICHIGAN
BidItMi.com

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE REGISTERING OR PLACING ANY BID.
Checkered Flag Properties, LLC, d/b/a Estate Auction Experts of Michigan ("Auctioneer"), operates BidItMi.com ("Site"). These Terms and Conditions, together with any auction-specific terms posted at the time of sale, constitute a legally binding agreement ("Agreement") between Auctioneer and any person who accesses, registers on, or bids through this Site ("Bidder" or "you").
BY ACCESSING, REGISTERING ON, OR USING THIS SITE IN ANY MANNER - INCLUDING PLACING A BID - YOU AFFIRMATIVELY ACKNOWLEDGE THAT YOU HAVE READ, FULLY UNDERSTAND, AND UNCONDITIONALLY AGREE TO BE BOUND BY THIS AGREEMENT. YOUR USE OF THIS SITE CONSTITUTES YOUR ELECTRONIC SIGNATURE AND ACCEPTANCE AS A LEGALLY ENFORCEABLE CONTRACT UNDER MICHIGAN LAW, ESIGN (15 U.S.C. � 7001), AND UETA (MCL 450.831).
IF YOU DO NOT AGREE, CEASE USE OF THIS SITE IMMEDIATELY AND DO NOT REGISTER OR BID. CONTINUED USE FOLLOWING ANY POSTED MODIFICATION CONSTITUTES ACCEPTANCE OF THAT MODIFICATION.
This Agreement is governed by the laws of the State of Michigan.
Definition of "Lot": The term "lot" means an individual object or group of objects offered as a single unit. Each lot is a separate transaction. Any dispute or chargeback relating to one lot has no effect on any other lot purchased by the same Bidder.
1. REGISTRATION AND ACCOUNT RESPONSIBILITY
1.1 Registration Required
To participate in any auction, you must register and create an Account. By registering, you acknowledge all bids constitute legally binding offers under UCC � 2-328 (Michigan).
1.2 Age Requirement
You must be at least 18 years old to register or bid. Additional age requirements apply to firearms (Section 7). The Auctioneer may require age verification and may void any transaction where requirements were not met.
1.3 Accuracy of Information
All registration information - including your full legal name, address, email, phone, and payment card - must be complete, current, and accurate. Inaccurate information you provide does not constitute grounds for any claim, refund, or chargeback.
1.4 One Account Per Person
You may maintain only one (1) active Account. Sharing, transferring, or allowing others to bid from your Account is prohibited. You are solely responsible for all activity and purchases through your Account.
1.5 Card on File - Authorization and Representation
The credit or debit card you register ("Card on File") will be linked to your Account and charged automatically upon winning any lot. By registering your Card on File, you represent that: (a) you are the authorized cardholder; (b) the card has sufficient funds for all potential purchases; and (c) you authorize Auctioneer to charge all amounts due under this Agreement.
CARD-NOT-PRESENT TRANSACTION DISCLOSURE
ALL CHARGES TO YOUR CARD ON FILE ARE CARD-NOT-PRESENT (CNP) TRANSACTIONS.
BY REGISTERING YOUR CARD AND PLACING ANY BID, YOU EXPRESSLY ACKNOWLEDGE AND AUTHORIZE THESE CNP CHARGES AND AGREE NOT TO DISPUTE THEM ON THE BASIS THAT YOU DID NOT PHYSICALLY PRESENT YOUR CARD AT THE TIME OF PURCHASE.
YOUR ONLINE REGISTRATION, BID PLACEMENT, AND ACCEPTANCE OF THESE TERMS COLLECTIVELY CONSTITUTE YOUR AUTHORIZATION FOR ALL RESULTING CHARGES.

1.6 False or Fraudulent Information
Providing false, misleading, or fraudulent information - including false identity, unauthorized card use, or fraudulent chargeback filings - results in immediate permanent Account ban without refund. All purchases under a fraudulently created Account remain legally binding and collectible.
1.7 Account Security
You are solely responsible for the confidentiality of your login credentials. Notify Auctioneer immediately of any unauthorized access at info@BidItMi.com. Failure to promptly report unauthorized activity leaves you personally liable for all resulting charges.
2. AS-IS SALE, DISCLAIMER, AND BIDDER ACKNOWLEDGMENT
2.1 As-Is Sale - All Sales Final
ALL LOTS ARE SOLD STRICTLY "AS-IS, WHERE-IS, WITH ALL FAULTS." ALL SALES ARE FINAL.
By placing any bid, you acknowledge: (a) you had a full opportunity to inspect each lot prior to bidding; (b) you are bidding based solely on your own inspection and judgment; (c) you are not relying on any description, photograph, or AI-generated content; and (d) no oral or written statement modifies the as-is nature of any sale.
2.2 No Warranties
TO THE FULLEST EXTENT PERMITTED BY MICHIGAN UCC ARTICLE 2 AND MCL 440.2316, AUCTIONEER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AUTHENTICITY, AND CONDITION.
2.3 Photographs, Descriptions, and AI Content
Photographs are the primary visual reference for each lot but are not a warranty of condition, completeness, or accuracy. Written lot descriptions govern over photographs in any conflict. Some or all descriptions may be AI-generated and are provided for general reference only - Auctioneer does not guarantee their accuracy. By bidding, you acknowledge this disclosure and confirm you are not relying on any description in making your bid.
2.4 Bidder's Duty of Due Diligence
In-person preview is available by appointment (info@BidItMi.com). Additional photos or information may be requested by email prior to auction close. Failure to use these resources prior to bidding is not grounds for any claim, refund, chargeback, or refusal to complete the sale.
IF YOU ARE UNSURE ABOUT ANY LOT OR THESE TERMS, DO NOT BID.
3. CONDUCT OF ONLINE AUCTION
3.1 Auctioneer Authority
All auction conduct - opening bids, bid increments, lot order, and procedural decisions - is at the Auctioneer's sole discretion. All Auctioneer decisions are final and binding.
3.2 Auctioneer as Agent Only
THE AUCTIONEER ACTS SOLELY AS AGENT FOR THE SELLER. AUCTIONEER DOES NOT TAKE TITLE TO ANY LOT AND MAKES NO INDEPENDENT WARRANTIES REGARDING ANY LOT.
3.3 Reserve Auctions
ALL AUCTIONS ARE CONDUCTED WITH RESERVE UNLESS EXPLICITLY STATED OTHERWISE. The Auctioneer may withdraw any lot prior to completion if the reserve is not met (UCC � 2-328(3)). Lots explicitly designated "Without Reserve" or "Absolute Auction" will be sold to the highest bidder after the first qualifying bid.
3.4 Right to Reject Bids; Cancellation
Auctioneer reserves the right to: (a) reject any bid for suspected manipulation or prior default; (b) cancel any auction or remove any lot at any time prior to close; and (c) void any completed transaction where fraud or site malfunction is determined.
3.5 Completion of Sale - UCC � 2-328(2)
A sale is complete and title passes at the moment the auction software confirms close of bidding and records the winning bid ("Moment of Completion"). At that moment: (a) a binding contract of sale is formed; (b) the winning bidder's payment obligation is absolute; and (c) no bid may be retracted.
3.6 Currency
All bids, invoices, and fees are in United States Dollars (USD). The USD amount on the winning bidder's invoice is the controlling transaction amount for all disputes.
4. PROXY BIDDING AND BIDDER RESPONSIBILITY
4.1 How Proxy Bidding Works
This Site uses automated proxy bidding. When you enter a Maximum Bid, the system bids on your behalf at the minimum increment above competing bids, up to but not exceeding your Maximum Bid. All proxy bids are your bids for all legal and financial purposes.
4.2 Maximum Bid - Binding Financial Commitment
BY ENTERING ANY MAXIMUM BID, YOU MAKE A LEGALLY BINDING OFFER UNDER UCC � 2-328 TO PURCHASE THE LOT AT ANY PRICE UP TO YOUR FULL MAXIMUM BID AMOUNT.
Entering an incorrect amount or changing your mind does not constitute grounds for any refund or chargeback. Once the proxy system has placed a bid on your behalf, retraction is not available. Contact info@BidItMi.com or 313-600-5451 immediately if you believe you entered an incorrect Maximum Bid; Auctioneer may consider retraction requests at its sole discretion.
4.3 Card Decline
A card decline does not void your winning bid or your obligation to pay. You are solely responsible for ensuring your Card on File has sufficient funds for all bids plus buyer's premiums, taxes, and fees.
5. ALL SALES FINAL - BIDDER REMORSE AND ERROR
5.1 No Returns or Refunds
ALL SALES ARE FINAL. NO RETURNS, REFUNDS, OR CREDITS FOR BUYER'S REMORSE, CHANGE OF MIND, OR POST-AUCTION REGRET.
Upon being declared the winning bidder under UCC � 2-328(2), your payment obligation is absolute, unconditional, and non-cancelable.
5.2 Bidder Error
You are solely responsible for all bidding decisions, including: bidding on the wrong lot; misreading a description or photo; failure to inspect; or any other pre-bid error in judgment. None of these constitute grounds for any refund, return, chargeback, or payment dispute.
5.3 Chargeback Prohibition - Buyer's Remorse and Error
YOU EXPRESSLY AGREE NOT TO FILE ANY CHARGEBACK, PAYMENT DISPUTE, OR BANK REVERSAL BASED ON: (A) BUYER'S REMORSE; (B) BIDDER ERROR; (C) FAILURE TO INSPECT; (D) LOT NOT SUITED FOR INTENDED USE; OR (E) ANY DISCREPANCY DISCOVERABLE THROUGH PRE-BID INSPECTION. Any prohibited chargeback is a breach of this Agreement. You agree to reimburse Auctioneer for the full disputed amount, all fees, all chargeback fees, and all reasonable attorney's fees.
5.4 Resources Available Prior to Bidding
At no cost and prior to auction close, Auctioneer provides: in-person preview by appointment; additional photographs upon request; and additional lot information upon request. Failure to use these resources is made at your sole risk and constitutes evidence you had a reasonable opportunity to become fully informed.
6. BUYER'S PREMIUM, SALES TAX, AND PAYMENT
6.1 Buyer's Premium
UNLESS A SPECIFIC AUCTION LISTING STATES OTHERWISE, AN 18% BUYER'S PREMIUM IS ADDED TO ALL WINNING BIDS.
The buyer's premium is non-negotiable and non-refundable once the auction closes. By registering and bidding, you acknowledge and accept the buyer's premium as a material term of every transaction.
6.2 Total Purchase Price
Example - Winning Bid of $100.00:
Item Amount
Winning Bid $100.00
Buyer's Premium (18%) $18.00
TOTAL DUE $118.00

The buyer's premium is fully earned at the Moment of Completion and is non-refundable under all circumstances, including card decline, failure to pick up, chargeback, or resale.
6.3 Michigan Sales Tax
Michigan Sales Tax at 6% (MCL 205.51 et seq.) is applied to all invoices on the combined bid plus premium. Coins and currency are exempt (MCL 205.54t). Bidders claiming exemption must submit Form 3372 to info@BidItMi.com prior to auction close. Out-of-state bidders taking possession in Michigan are subject to Michigan sales tax.
6.4 Alternative Payment (Cash, Wire, Venmo) - 15% Premium
Bidders electing to pay by cash, wire transfer, or Venmo receive a reduced 15% buyer's premium. Election must be made before auction close by emailing info@BidItMi.com - no retroactive adjustments. Permanent cash payer designation: millermaureen55@gmail.com. Wire transfers due within 2 business days of auction close. Venmo payments due within 24 hours of auction close. Cash payments in USD only, in person during published pickup.
6.5 Pre-Bid Acknowledgment of All Fees
By placing any bid, you acknowledge: (a) you were informed of the buyer's premium prior to bidding; (b) Michigan sales tax would be applied; (c) the total charge to your Card on File was authorized at the time you bid; and (d) no component constitutes an unauthorized or erroneous charge.
7. FIREARMS
7.1 FFL Transfer
ALL FIREARM TRANSFERS COMPLETED THROUGH: CHECKERED FLAG PROPERTIES, LLC DBA ESTATE AUCTION EXPERTS OF MICHIGAN. NO FIREARM RELEASED UNTIL ALL FEDERAL AND MICHIGAN TRANSFER REQUIREMENTS ARE SATISFIED.
7.2 Age Requirements
Firearm Type Min Age to Bid Min Age to Possess
Long Guns (rifles, shotguns) 18 18
Handguns 21 21
Long Gun Ammunition 18 18
Handgun Ammunition 21 21

7.3 Michigan Handgun Requirements
Under MCL 28.422, winning bidders on handgun lots must present at transfer: a valid Michigan License to Purchase (LTP); a valid Michigan Concealed Pistol License (CPL); or a valid Federal Firearms License (FFL). Out-of-state buyers cannot obtain a Michigan LTP and must use FFL-to-FFL transfer (Section 7.6).
7.4 Federal Background Check - All Transfers
All winning bidders must complete ATF Form 4473 and pass an FBI NICS background check before taking possession. If NICS returns "Delayed," transfer is held pending resolution and winning bidder is responsible for storage costs. If NICS returns "Denied," a 20% restocking fee is charged; the buyer's premium is non-refundable. BACKGROUND CHECK DENIAL DOES NOT VOID YOUR PURCHASE CONTRACT.
7.5 Safe Transport - Michigan Law
Firearms must be transported unloaded and in a closed case (MCL 750.227c). If no case is provided, a gun box will be provided for $5.00 charged to your Card on File. All handguns must be released with a trigger lock; if not provided by buyer, one will be provided for $10.00.
7.6 Out-of-State Buyers - FFL Transfer
Long guns and handguns purchased by out-of-state buyers will be shipped to an FFL of the buyer's choosing in their home state (18 U.S.C. � 922(a)(3)). All shipping costs are the buyer's sole responsibility and will be charged to the Card on File. Buyer is responsible for all receiving FFL fees.
7.7 Firearms - As-Is Sale; NFA Items
All firearms are sold AS-IS consistent with Section 2. No refund, adjustment, or chargeback will be issued based on firearm condition following transfer. NFA-regulated items (suppressors, short-barreled rifles, machine guns) will be identified in the listing. NFA transfers require ATF Form 4 approval and a $200 transfer tax - buyer's sole responsibility.
7.8 Bidder Legal Compliance
By bidding on any firearm lot, you represent that: (a) you are legally eligible to purchase and possess the firearm under all applicable laws; (b) you will use it lawfully; (c) you assume sole legal responsibility from the moment of transfer; and (d) you will not initiate any chargeback based on your inability to complete the transfer.
8. AUCTION CLOSING AND INVOICING
8.1 Closing Mechanics
Lots close sequentially, approximately every 10-13 seconds. Any bid placed within the final 2 minutes of a lot's closing time automatically extends that lot's closing by 1 minute (anti-sniping). The extension repeats for each new bid within the final 2 minutes. Some lots may be "linked" - a qualifying bid on any lot in the linked group may extend closing time for all lots in that group. BY BIDDING, YOU ACKNOWLEDGE THESE FEATURES AND THAT ALL BIDS PLACED DURING EXTENSION PERIODS ARE FULLY AUTHORIZED AND BINDING.
8.2 Invoice and Automatic Charge
Immediately following auction close, Auctioneer will automatically charge your Card on File for all amounts due on all winning lots. This charge is the execution of your pre-existing authorization - it is not a new or separate authorization. You will receive an invoice by email at your registered address. The invoice email is the only direct notification Auctioneer will send. You are solely responsible for monitoring your email, including spam/junk folders. Non-receipt does not extend any deadline or create any claim.
8.3 Card Decline at Close
If your Card on File is declined at auction close, you will be notified by email and must provide valid alternate payment by 10:00 AM Eastern Time the following business day. A decline does not void your winning bid.
8.4 Invoice Dispute
If you believe you placed a winning bid but did not receive an invoice, contact Auctioneer by 10:00 AM Eastern Time on the next business day: 313-600-5451 | info@BidItMi.com.
9. CREDIT CARD AUTHORIZATION AND CHARGEBACK POLICY
9.1 Payment Credentials
A valid credit card issued by Visa, Mastercard, or Discover is required to participate (American Express not accepted). You are solely responsible for keeping your Card on File valid, unexpired, and funded throughout any auction.
CARD-NOT-PRESENT AUTHORIZATION - READ CAREFULLY
ALL CHARGES UNDER THIS AGREEMENT ARE CARD-NOT-PRESENT (CNP) TRANSACTIONS.
BY REGISTERING ON THIS SITE, ENTERING ANY BID, OR WINNING ANY LOT, YOU:
(1) EXPRESSLY AUTHORIZE ALL RESULTING CNP CHARGES TO YOUR CARD ON FILE;
(2) ACKNOWLEDGE YOUR CARD WAS NOT PHYSICALLY PRESENT AT POINT OF CHARGE AND THAT THIS IS THE NORMAL AND EXPECTED METHOD OF TRANSACTION FOR ONLINE AUCTIONS;
(3) AGREE THAT CNP STATUS ALONE IS NOT A VALID BASIS FOR ANY CHARGEBACK OR DISPUTE;
(4) CONFIRM YOU ARE THE AUTHORIZED CARDHOLDER OR HAVE FULL AUTHORITY TO AUTHORIZE THESE CHARGES;
(5) ACKNOWLEDGE THAT AUCTIONEER MAINTAINS ELECTRONIC RECORDS OF YOUR REGISTRATION, BID HISTORY, IP ADDRESS, AND AGREEMENT ACCEPTANCE, ALL OF WHICH WILL BE SUBMITTED TO YOUR CARD ISSUER IN RESPONSE TO ANY DISPUTE.

9.2 Automatic Charge Authorization
BY REGISTERING AND PLACING ANY BID, YOU EXPRESSLY, IRREVOCABLY, AND UNCONDITIONALLY AUTHORIZE CHECKERED FLAG PROPERTIES, LLC DBA ESTATE AUCTION EXPERTS OF MICHIGAN TO AUTOMATICALLY CHARGE YOUR CARD ON FILE, WITHOUT FURTHER NOTICE, FOR ALL AMOUNTS DUE UPON THE CLOSE OF ANY AUCTION IN WHICH YOU WIN. This standing authorization covers: (a) winning bid amount; (b) buyer's premium; (c) Michigan sales tax; (d) any shipping fees; and (e) any other fees authorized under this Agreement.
9.3 Electronic Signature - ESIGN and UETA
Your click on any "I Agree" or similarly worded acceptance button during registration is your electronic signature, legally equivalent to a handwritten signature under ESIGN (15 U.S.C. � 7001) and Michigan UETA (MCL 450.831). Your signature covers: (a) these Terms in their entirety; (b) the CNP charge authorization; (c) the no-chargeback agreement; (d) the as-is sale terms; and all other obligations in this Agreement.
9.4 Electronic Records - Retention and Admissibility
Auctioneer maintains complete electronic records of all registrations, bids, auction results, charge authorizations, and transactions, including timestamps, IP addresses, and device identifiers. You agree these records are accurate, authentic, and admissible in any dispute, chargeback proceeding, or legal action. In the event of any chargeback, you authorize Auctioneer to submit your full electronic record - including registration data, IP address, bid history, and your acceptance of these Terms - to the relevant card network, bank, or arbitration body as evidence of your authorization.
9.5 No-Chargeback Agreement
GENERAL PROHIBITION: YOU AGREE NOT TO INITIATE, FILE, SUPPORT, OR MAINTAIN ANY CHARGEBACK, PAYMENT DISPUTE, BANK REVERSAL, OR SIMILAR CLAIM FOR ANY CHARGE MADE UNDER THIS AGREEMENT, EXCEPT AS PROVIDED BELOW.
Sole Exception - Verifiable Mathematical Billing Error: The only valid basis for a chargeback is a charge that demonstrably exceeds the Total Amount Due calculated under Section 6.2. The following are NOT valid grounds:
o Disagreement with the buyer's premium or tax rate
o Buyer's remorse, change of mind, or post-auction regret
o Dissatisfaction with lot condition, description, or suitability
o Failure to inspect during the available preview period
o Bidder error of any kind
o Failure to receive the invoice email
o Background check denial on firearm purchases
o CNP status - all charges are card-not-present by design; CNP is not fraud
o Any circumstance for which a remedy was available prior to bidding
Internal Dispute Process - Required Before Chargeback: Before initiating any chargeback, you must first contact Auctioneer within 5 business days of the charge and allow 5 business days to respond: 313-600-5451 | info@BidItMi.com. Filing a chargeback without completing this process is a breach of this Agreement.
Consequences of Unauthorized Chargeback: If you initiate a prohibited chargeback, you agree: your Account will be immediately and permanently suspended; you will be personally liable for the full disputed charge, all chargeback fees, collection costs, and all reasonable attorney's fees; and Auctioneer may report your chargeback to industry fraud databases.
Nothing in this Agreement waives any chargeback right mandatorily preserved under Visa, Mastercard, or Discover network rules that cannot be contractually waived. You agree to exercise any such rights only for their intended purposes.
10. ACCOUNT MAINTENANCE AND DEFAULT
10.1 Duty to Maintain Account Information
You must maintain complete, current, and accurate Account information at all times, including reviewing and updating your Card on File before registering for any auction. Outdated information does not excuse payment obligations.
10.2 Unauthorized Access - Reporting
If unauthorized access to your Account occurs, you must: (a) contact Auctioneer immediately at 313-600-5451 and info@BidItMi.com; (b) report to law enforcement within 24 hours; and (c) provide Auctioneer a copy of the law enforcement report within 5 business days. Failure to report within 24 hours leaves you personally liable for all charges incurred prior to your report.
10.3 Default
Events of default include: Card on File failure; failure to provide alternate payment within the cure period; prohibited chargeback; failure to pick up lots; material breach of these Terms; or fraudulent information. Upon default, Auctioneer will send notice to your registered email and you have 48 hours to cure. Auctioneer may then: permanently suspend your Account; resell defaulted lots by commercially reasonable means (Michigan UCC Article 2); charge your Card on File for abandonment fees; pursue you personally for all unpaid amounts, resale deficiencies, chargeback fees, and attorney's fees; refer to collections; and initiate legal proceedings.
11. PICKUP AND SHIPPING
11.1 Pickup - Appointment Required
ALL PICKUPS ARE BY APPOINTMENT ONLY DURING PUBLISHED PICKUP DATES AND TIMES. IF YOU CANNOT PICK UP DURING THE PUBLISHED PICKUP PERIOD FOR ANY REASON, DO NOT BID.
Contact info@BidItMi.com or 313-600-5451 to schedule. Auctioneer does not hold items beyond the published deadline. You are solely responsible for safe pickup and removal at your expense and risk, and for bringing all necessary equipment and personnel. Auctioneer staff are not responsible for assisting with removal.
11.2 Release - Paid Receipt Required
Items will be released only upon presentation of a paid sales receipt. You authorize Auctioneer to release your items to any person presenting your paid receipt. No refund or credit will be issued for items not picked up during the published removal window.
11.3 Damage During Pickup
You are personally responsible for any damage caused by you, your agents, or your representatives during inspection, preview, or removal. You authorize Auctioneer to charge your Card on File for all resulting repairs.
11.4 Shipping
Shipping is available only for lots marked "Shipping Available" in the listing. All shipping costs - including packing, handling, carrier fees, and insurance - are the winning bidder's sole responsibility and will be charged to the Card on File. Lots shipped are at the winning bidder's sole risk. Auctioneer is not liable for transit damage; winning bidder must file all carrier claims. Firearm shipping is governed by Section 7.6.
12. ABANDONMENT AND LIQUIDATED DAMAGES
ALL LOTS MUST BE REMOVED DURING THE PUBLISHED PICKUP PERIOD. ANY LOT NOT REMOVED BY THE DEADLINE - WITHOUT PRIOR WRITTEN APPROVAL - IS DEEMED ABANDONED WITHOUT FURTHER NOTICE.
Upon abandonment: (a) winning bidder forfeits all rights and title without refund; (b) Auctioneer may resell, donate, dispose of, or destroy the lot; (c) winning bidder remains liable for abandonment fees and disposal costs; and (d) abandonment does not constitute purchase cancellation and does not entitle winning bidder to any chargeback.
Abandonment Fees (Liquidated Damages - charged to Card on File):
o $10.00 per lot - small items
o $100.00 per lot - furniture, appliances, and other large or heavy items
If you refuse to pay for any winning lot, Auctioneer may resell, store, donate, or dispose of the item. You remain personally responsible for all deficiencies and associated legal, collection, storage, and disposal costs.
13. DISPUTE RESOLUTION
13.1 Pre-Filing Requirement
Before initiating any formal legal claim or arbitration, you must complete the internal dispute process in Section 9.5. Failure to do so entitles Auctioneer to recover reasonable attorney's fees.
13.2 Venue and Arbitration
Claims under $5,000 shall be submitted to the Small Claims Division of the 35th District Court, Northville, Michigan. Claims of $5,000 or more shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in Northville, Michigan. Venue for all proceedings is exclusively in Northville, Michigan. You waive any objection to this venue.
13.3 No Class Actions
ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ALL RIGHTS TO BRING, JOIN, OR PARTICIPATE IN ANY CLASS ACTION, CLASS-WIDE ARBITRATION, OR CONSOLIDATED PROCEEDING.
13.4 Fee Shifting
If any party files a legal action contrary to these provisions, the non-breaching party may recover all reasonable legal fees and costs. If you bring a claim against Auctioneer and do not prevail, you agree to reimburse Auctioneer for all reasonable legal fees and costs.
13.5 Emergency Relief
Auctioneer reserves the right to seek emergency injunctive relief from any court of competent jurisdiction without waiving its right to arbitration, and without posting bond.
14. LIMITATION OF LIABILITY AND INDEMNIFICATION
14.1 Maximum Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AUCTIONEER'S TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE ACTUAL PURCHASE PRICE PAID FOR THE SPECIFIC LOT GIVING RISE TO THE CLAIM. AUCTIONEER IS NOT LIABLE FOR CANCELLATION OR WITHDRAWAL OF ANY AUCTION; YOUR SOLE REMEDY IS REFUND OF AMOUNTS ACTUALLY CHARGED FOR THE CANCELLED LOT.
14.2 No Consequential Damages
IN NO EVENT SHALL AUCTIONEER, ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, REGARDLESS OF WHETHER AUCTIONEER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.3 Third-Party and Site Malfunction
Auctioneer is not responsible for the acts or omissions of any seller, bidder, shipper, carrier, or other third party. Auctioneer is not liable for any loss resulting from site malfunction, system error, or network interruption. If a site malfunction materially affects a transaction, Auctioneer may void, suspend, or reopen the affected lot at its sole discretion.
14.4 Indemnification
You agree to indemnify, defend, and hold harmless Checkered Flag Properties, LLC d/b/a Estate Auction Experts of Michigan, and its members, officers, employees, agents, and assigns from all claims, losses, liabilities, judgments, fees, and costs - including reasonable attorney's fees - arising from: your use of this Site; your breach of this Agreement; any personal injury or property damage caused by you during inspection, preview, or pickup; your violation of any applicable law; or any misrepresentation you make in connection with your registration, bidding, or purchase.
15. GENERAL PROVISIONS
Governing Law: This Agreement is governed by Michigan law without regard to conflict-of-law principles.
Modifications: Auctioneer may revise these Terms at any time. Modifications are effective immediately upon posting. Continued use constitutes acceptance.
Severability: If any provision is held invalid or unenforceable, it shall be enforced to the maximum extent permissible and the remainder of this Agreement continues in full force.
Entire Agreement: This Agreement supersedes all prior and contemporaneous communications and agreements. No oral modification or waiver is binding.
No Waiver: No failure to exercise any right under this Agreement operates as a waiver of that right.
Termination: Auctioneer may immediately suspend or terminate your Account at any time, with or without cause. Termination does not relieve you of any payment obligation incurred prior to termination.
Electronic Communications: You agree to be bound by any affirmation or agreement you transmit through this Site. Any "I Agree" click is your legally binding electronic signature under ESIGN and Michigan UETA.

ACKNOWLEDGMENT AND ACCEPTANCE
By registering on this Site, you confirm that you have read, understand, and agree to be bound by these Terms and Conditions in their entirety. You confirm that you are at least 18 years of age, that you have the legal capacity to enter into this Agreement, and that your electronic signature and acceptance are legally binding.

Checkered Flag Properties, LLC
d/b/a Estate Auction Experts of Michigan
BidItMi.com | info@

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