Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and Stone Nola Acquisition, LLC, a Florida limited liability company with offices at 6925 Hwy 98, Ste 301, Santa Rosa Beach, FL 32459 (“BidAgain,” “we,” “us,” “our”). They govern your access to and use of www.bidagain.co and any related pages, auctions, forms, and messaging programs (together, the “Service”).

By using the Service you accept these Terms and our Privacy Policy. If you do not accept them, do not use the Service.

Section 01Eligibility

You must be at least 18 years old and a resident of the United States to register or bid. The Service is not directed to anyone under 18, and we do not knowingly collect information from minors. If you register or bid on behalf of a business or another person, you represent that you have that party's authorisation and that they will be bound by these Terms.

When you provide a telephone number, you represent that you are the subscriber of that number or its customary user with authority to consent to contact on it.

Section 02What BidAgain is, and is not

BidAgain is an online auction marketplace. We list outdoor and adventure equipment consigned to us by retailers, rental operators, insurers, liquidators and private sellers (“Sellers”), run timed online auctions for those lots, and collect payment from the winning bidder. For some lots Stone Nola Acquisition, LLC is itself the Seller; for others we act as the Seller's agent.

We are not a manufacturer, retailer, or authorised dealer of any brand that appears on the Service, and product names and marks belong to their owners. Unless a lot page says otherwise, items are not covered by any manufacturer warranty.

Section 03Bidding

Anyone may browse lots without an account. To bid you must have a registered account in good standing and, before your first bid, a valid payment card on file.

• Every bid is a binding offer to buy the lot at that amount plus the buyer's premium, taxes and any shipping you select. Bids cannot be withdrawn or reduced once placed.
• Maximum bids. If you enter a maximum, the system bids on your behalf at the minimum increment needed to keep you in the lead, up to your maximum.
• Soft close. A bid placed within the final two minutes of an auction extends its closing time by two minutes.
• Reserves. Some lots carry a reserve price. If the reserve is not met, the lot is not sold and the high bidder is not obligated.
• Our rights. We may reject any bid, cancel or extend any auction, withdraw any lot, or void a sale where we believe there has been an error, fraud, shill bidding, or a technical failure. We are not liable for bids lost due to connectivity, device, or system problems.

Section 04Winning, payment and fees

If you are the high bidder when an auction closes (and any reserve is met), you have bought the lot. We will issue an invoice for the winning bid plus:

• a buyer's premium of 12% of the winning bid, with a minimum of US$15;
• applicable state and local sales tax, unless you provide a valid resale certificate before invoicing; and
• any shipping, packing, or freight charges you select.

Invoices are due in full within three business days of the auction close, by the card on file, ACH, or wire. If you do not pay on time we may charge the card on file, cancel the sale, resell the lot, suspend your account, and recover any shortfall, fees and costs from you.

Paid lots must be collected from the listed location, or dispatched, within ten business days of payment. Storage fees of US$10 per lot per day apply thereafter; lots uncollected after 30 days are treated as abandoned and may be resold without refund.

Section 05Lot descriptions and condition

Every lot carries a condition grade (New, Open box, Used or Salvage) and a written condition report. We inspect and photograph lots in good faith, but descriptions, grades, photographs, quantities, retail values and specifications are statements of opinion, not warranties. All lots are sold as described, as-is and where-is, with all faults, and all sales are final once the auction closes.

You are responsible for reviewing the report and photographs, and for asking questions before you bid. Where a lot is materially different from its description, contact us within three business days of collection or delivery; our sole obligation is, at our option, to cancel the sale and refund the amount paid for that lot.

“Retail value” figures are manufacturer list prices or comparable new-item prices shown for reference only. They are not appraisals and do not indicate what a lot will sell for.

Section 06Accounts

You are responsible for keeping your credentials confidential and for all bids and activity under your account, whether or not you authorised them. Notify us immediately at support@bidagain.co of any unauthorised use. We may suspend or terminate any account at any time, with or without notice, for non-payment, breach of these Terms, or for any other reason. Obligations for lots already won survive termination.

Section 07Text message program

If you give your express consent, BidAgain may send you recurring automated service updates and account notification texts — such as outbid notices, closing reminders, watchlist alerts and invoice notices — at the mobile number you provided.

Calls and messages may be placed using an automatic telephone dialing system or an artificial or prerecorded voice. Calls may be monitored or recorded for quality and compliance.

Section 08Acceptable use

You may not:

• use the Service for any unlawful purpose, or in violation of any applicable federal, state, or local law;
• bid with no intention of paying, bid on your own consigned lots, collude with other bidders, or otherwise manipulate an auction;
• scrape, crawl, harvest, or use automated means to extract lot data, bid data, or content from the Service, or place bids by automated means other than the maximum-bid feature we provide;
• reverse engineer, decompile, or attempt to derive the source of any part of the Service;
• interfere with, overload, or attempt to gain unauthorised access to the Service or its infrastructure;
• reproduce, republish, distribute, sell, sublicense, or create derivative works from any part of the Service without our prior written consent;
• frame or mirror the Service, or use our name, marks, or content in any manner likely to cause confusion about affiliation or endorsement;
• impersonate any person or misrepresent your affiliation with any person or entity; or
• use the Service to transmit malware, spam, or unsolicited commercial communications.

Section 09Intellectual property

Except for information you submit, all content on the Service — including text, layout, design, graphics, logos, the BidAgain name and mark, lot photographs and condition reports, compilations, and software — is owned by Stone Nola Acquisition, LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, revocable, non-transferable licence to access and view the Service for your personal, non-commercial use. No other rights are granted.

Third-party brand names and marks that appear on the Service remain the property of their respective owners and are used to identify the goods offered; their appearance does not imply endorsement or partnership.

Section 10Disclaimer of warranties

THE SERVICE, INCLUDING ALL LOT DESCRIPTIONS, CONDITION REPORTS, PHOTOGRAPHS, RETAIL VALUES, AND CONTENT, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT, WITH RESPECT TO BOTH THE SERVICE AND ANY LOT SOLD THROUGH IT.

WE DO NOT WARRANT THAT ANY LOT IS SAFE OR SUITABLE FOR ANY USE, THAT ANY DESCRIPTION IS COMPLETE, OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.

Section 11Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, STONE NOLA ACQUISITION, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICE OR ANY LOT, WHETHER BASED IN CONTRACT, TORT, STATUTE, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS INCLUDES, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM THE USE OF ANY LOT, FROM A LOST OR FAILED BID, FROM AN INACCURATE DESCRIPTION, OR FROM THE ACTS OR OMISSIONS OF ANY SELLER, CARRIER, OR OTHER THIRD PARTY.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US FOR THE LOT GIVING RISE TO THE CLAIM OR ONE HUNDRED US DOLLARS (US$100). Some jurisdictions do not allow certain limitations of liability, so parts of this section may not apply to you.

Section 12Indemnification

You agree to indemnify, defend and hold harmless Stone Nola Acquisition, LLC and its officers, directors, employees, agents and licensors from and against any claim, demand, loss, liability, damage, fine, penalty, cost, or expense (including reasonable legal fees) arising out of or relating to: your use of the Service; your bids and purchases; your breach of these Terms; information you submitted that was false or unauthorised; or your violation of any law or the rights of any third party.

Section 13Disputes, arbitration, and class action waiver

Informal resolution first. Before starting any proceeding, you agree to contact us at legal@bidagain.co with a written description of the dispute and the relief you seek, and to allow us 30 days to resolve it.

Binding arbitration. If the dispute is not resolved, you and Stone Nola Acquisition, LLC agree that any dispute arising out of or relating to the Service or these Terms will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in Walton County, Florida, or conducted remotely at your election. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver. YOU AND STONE NOLA ACQUISITION, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. If this waiver is found unenforceable as to any claim, that claim is severed from arbitration and proceeds in court.

Nothing in this section prevents either party from bringing a qualifying claim in small claims court, or from seeking injunctive relief for infringement or misuse of intellectual property.

Section 14Governing law and jurisdiction

These Terms are governed by the laws of the State of Florida and applicable US federal law, without regard to conflict-of-laws principles. Subject to section 13, the state and federal courts located in Walton County, Florida have exclusive jurisdiction, and you consent to venue there. The Service is intended for use within the United States; we make no representation that it is appropriate or available elsewhere.

Section 15Changes, severability, and assignment

We may modify these Terms at any time. The “Effective” date at the top will be updated, and material changes will be highlighted on this page. Your continued use after changes take effect constitutes acceptance. Changes do not apply to auctions that closed before they took effect. If you do not agree, stop using the Service.

If any provision is held unenforceable, it is modified to the minimum extent necessary and the remainder stays in force. Our failure to enforce a provision is not a waiver of it. We may assign these Terms in connection with a merger, acquisition, or sale of assets; you may not assign them without our written consent. These Terms, together with the Privacy Policy and CCPA Notice, are the entire agreement between us regarding the Service.

Section 16Contact

Questions about these Terms: