Terms and Conditions
Last updated: May 16, 2023
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
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Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
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Account means a unique account created for You to access our Service or parts of our Service.
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Country refers to: Tennessee, United States
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Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to NeXstep LLC, 5251 Hwy 153, Hixson, TN 37343.
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Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
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Goods refer to the items offered for sale on the Service.
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Orders mean a request by You to purchase Goods from Us.
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Service refers to the Website.
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Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
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Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
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Website refers to NeXstep, accessible from http://nexstepre.com
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You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Bidding, Buying, and/or Placing Orders for Goods
By registering or bidding in an auction or placing an Order for Goods through the Service, You warrant that You are legally capable of entering into a legal and binding contracts.
Your Information
If You wish to bid or place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Bid or Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, your shipping information, identity verification, government issued photo ID ex. Drivers licenses, passports etc, and proof of funds for bidding on certain types of property
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Bid or Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Bid, Deposit, or Order.
Bid or Order Cancellation
We reserve the right to refuse your registration, bid, offer, or cancel your order at any time for certain reasons including but not limited to:
- Goods availability
- Errors in the description or prices for bids or goods
- Errors in Your Bid, Registration, Offer or Order
We reserve the right to refuse or cancel Your Registration, Bid, Offer, or Order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
Any Goods you purchase can only be returned in accordance with the specific Terms and Conditions and Our Returns Policy.
ALL ITEMS ARE SOLD AS IS WHERE IS. WITH NO WARRANTY OR GUARANTY IMPLIED. ALL SALES ARE FINAL.
Your right to cancel a Bid, Offer, or Order only applies to Goods that are returned in the same condition as You received them. A bid can only be cancelled preceding the start of any auction. Once the auction is in progress bids will not be retracted.
Refunds will only be granted by NeXstep, LLC sole discretion. Any refunds will be subject to same payment type and/or card used for payment. Payments by check will take 30-45 days for funds to properly clear the banking institution to forgo any possibilities of fraudulent funds or activities, therefore refunds may take up to 90 days to be cleared and refunded.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Auctions and Goods on the Service. The Goods available on Our Service may be mislabeled, described inaccurately, contain inaccurate images, unavailable, used, returned merchandise and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Prices Policy
For Buy It Now items. The Company reserves the right to revise its prices at any time prior to accepting a Bid, Offer, or Order.
The prices quoted may be revised by the Company subsequent to accepting an Order or Item in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. Buyers are responsible for the pickup and shipping of all items purchased.
Payments
All items are Sold “AS IS WHERE IS” “ALL SALES ARE FINAL” NO REFUNDS
For all Goods purchased, payment is due in full within 48 hours following the auction or as specifically stated in the terms and conditions for that auction or that item. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Discover, American Express cards, Cash or Bank wire. Credit Cards are subject to a 3% processing fee. For any nonpayment of goods or items in the allocated timeframe the card will be charged in full for the transaction.
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, or payment. We will not be liable for any delay or non-delivery of Your items, any items that are not paid for or removed within the specified time will be considered abandoned property and will either be resold or removed at the expense of the buyer without refund, payment, or recourse.
Any user issuing a chargeback for any reason will be subject to immediate restriction or termination from the system and legal action. Additionally, any user thought to be fraudulent,
All property is sold 'As Is, Where Is'. Statements, conditions, descriptions, weights, and measures on or about items are provided in good faith and only matters of opinion. Neither NeXstep,llc, auctioneers, realtors, nor the Consignor/Seller make any guarantees and/or warrantees, expressed or implied about the merchantability of items and/or fitness for a particular purpose.
Buyer agrees that under no circumstances whatsoever will NeXstep,llc, consignor, seller, its agents be held liable for any amount greater than the final bid price. Buyer is solely relying upon their sole expertise when choosing to make a purchase and by bidding or buying has performed their own due diligence and accepts the goods AS IS WHERE IS WITH NO WARRANTY EXPRESSED OR IMPLIED. NeXstep, llc has attempted to provide correct item information, images, however error and/or omissions can occur in any format and does not change or void the sale in any way.
ALL GOODS AND ITEMS ARE SOLD AS IS WHERE IS WITH NO WARRANTY OR GUARANTY. ALL SALES ARE FINAL.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
Any bidding or buying activity that occurs under your account will still be considered your financial responsibility and any breach or loss of password control will not be considered as a release of any financial obligations.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of NeXstep, llc and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of NeXstep, llc.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of NeXstep, llc and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.
To the maximum extent permitted by applicable law, in no event shall NeXstep, llc or its consignors, sellers, associates, or suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
NeXstep, LLC nor its agents, consignors, sellers, vendors, representatives or affiliates, will not be held responsible, nor will be held accountable for any accidents, injuries, damages, incurred by any individual or their property. Individual acknowledges and assumes all responsibility for any personal injury or damage to property. Whether caused by themselves and/or his/her agent.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, NeXstep, llc, on its own behalf and on behalf of its realtors, auctioneers, associates, vendors, consignors, sellers, Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Under no circumstances shall the Bidder have any claim against NeXstep, LLC in the event of any technical issues.
Governing Law
The record of the auction made by NeXstep, llc, shall be conclusive. If a dispute arises between two bidders, NeXstep, LLC reserves the right to reopen bidding. The Company’s auctioneer, representative, or agents designation of a Buyer shall be final. All qualified bidders may bid including NeXstep, LLC, its owners, family members, suppliers, vendors, consignors, group or team members. Nexsteps, LLC reserves the right to refuse service for any reason at its discretion. NeXstep, LLC, its agents, employees, auctioneers, realtors, representatives represent the seller, and act as the consignor/sellers agents and may bid on behalf of seller. By disclosing this information to you the buyer you agree to these terms and conditions.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
Any disputes that require litigation shall be administered and shall be enforced and brought in The State of Tennessee, in Hamilton County, and governed by the laws of the State of Tennessee. NeXstep, LLC shall select the venue for the litigation proceedings whether by arbitration or litigation. NeXstep, LLC shall receive compensation of all legal fees, collection fees, and any other charges incurred by NeXstep, LLC as a result of any legal action, regardless of the outcome.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Export: Buyer agrees to comply with applicable export control laws and regulations of the United States. Iran Divestment Act: Buyer certifies that, to the best of his/her knowledge and belief, that his/her organization is not on the list created pursuant to TCA 12-12-106 regarding engaging in investment activities in Iran as described in TCA 12-12-105. Non-domestic customers: All property is sold Incoterms Ex-Works-Origin. Buyer shall arrange and bear all customs taxes and charges and arrange for the loading of the purchased goods. NeXstep, LLC is not the originator nor responsible for any fees or taxes.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time without notice.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
By registering, bidding, and/or attending this auction, you agree to all Terms & Conditions listed as acknowledged and set forth by NeXstep, LLC.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
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By email: support@nexstepre.com
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By phone number: 423-702-6287
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TNAL#6586 TNREL#358641 GAL#AU004 GREL#418641
