Marketplace and Auctions Policy

THE 9LIST MARKETPLACE and THE 9LIST AUCTIONS

By using either THE 9LIST MARKETPLACE and THE 9LIST AUCTIONS as a user, buyer or seller, or sponsor, you agree to our Marketplace and Auctions Policy.

THE 9LIST is providing Internet bidding as a service to Bidders and Sellers. 

All property is sold AS-IS Where-Is, and ALL SALES ARE FINAL.  

Bidder shall be the sole judge of value. is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. The Bidder is responsible for knowing which item is being bid on. If the Bidder is unsure, they should inquire or not bid. When becoming the winning Bidder at auction, you have affected a contract and will be expected to pay for items in which you were evidenced to be the successful Bidder. Auctioneer will not honor a mistake. 

Some items may be posted as New, Clean, Fresh and/or NIB New in Box, which may or may not be correct. However, all property is sold AS-IS, and ALL SALES ARE FINAL. 

Information on Sellers Posts, in Auction, or on this site, and other advertisements are from sources believed to be reliable; however prospective purchasers are urged to inspect the images, media and/or inventory or property to satisfy themselves as to condition, model, manufacturer, year, features, mileage, survey, acres, etc. The Auctioneer does not make any guarantees and is not responsible for Sellers Posts or advertising inaccuracies or discrepancies. 

THE 9LIST may attempt to describe the merchandise in advertising and on the Internet, but makes no representations. THE 9LIST may endeavor to describe items in detail and pertinent information about auctions, but THE 9LIST will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that everything is sold as is and that they may not return any item they purchase. 

In no event shall THE 9LIST be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose.  

The Auctioneer reserves the right to accept bids in any increment. The Auctioneer reserves the right to reject the bidding of any person whose conduct, actions, or adverse comments he feels is not in the best interest of the site, Seller, community, or for any reason. 

Bidders acknowledge and understand that this service may or may not function correctly the day of the auction close. Under no circumstances shall Bidders have any kind of claim against THE 9LIST or anyone else if the Internet service fails to work correctly before or during the Online Auction. THE 9LIST will not be responsible for any missed bids from any source. Internet Bidders who desire to make certain their bid is acknowledged, should use the max bid feature and leave their maximum bid 24 hours before the auction. THE 9LIST reserves the right to withdraw or re-catalog items in this auction. 

Purchaser does hereby indemnify and hold harmless Auctioneer and Seller from any and all damages, claims or liabilities from injuries to persons or property of any type whatsoever caused during the sale or by the removal of items purchased. Purchaser assumes all risk and liability whatsoever resulting from the use of the item(s) sold hereunder; and shall defend, indemnify, and hold harmless Auctioneer and Seller from any liability. 

If the foregoing conditions or any other applicable conditions are not complied with, in addition to other remedies available to Auctioneer and Seller by law, including without limitation, the right to hold the purchaser liable for the bid price, the Auctioneer, at their option may (1) resell the property publicly or privately, with purchaser being liable for the payment of any deficiency plus all costs incurred, or (2) cancel the sale, retaining liquidated damages on all payments made by purchaser, Auctioneer commission and all other incidental damages will be charged. 

Buyers Rules 

The following terms and conditions are a legal binding contract between you (“Bidder”) and THE 9LIST. To register and bid on THE 9LIST and THE 9LIST AUCTIONS you must agree to these terms and are bound by them as a bidder. 

These terms are for all auction listings on THE 9LIST and special terms can apply. When such Special Terms apply, we will notify same at the beginning of said/subject auction(s).  

All items are sold AS IS, WHERE IS, with NO WARRANTY expressed or implied. It is the responsibility of the buyer to determine the condition of the items and bid accordingly. All items must be considered used or previously owned. Even if labeled as new in box, we cannot guarantee the item will be in full retail condition. Place your bids accordingly and read all descriptions and Terms prior to placing your bids. No refunds will be issued. 

Buyers must note what, which and how many items may appear in a Sellers Post. Please inspect the written information, read the descriptions, and review accompanying images and media. You are bidding on the described item, occasionally the wrong photo may be displayed. Contact us if you are unclear as to what is included in a Sellers Post. 

Once you place and confirm a bid through our bidding platform, you cannot remove or lower a bid. No bids will be removed once they have been placed. 

Due diligence is the responsibility of you (the Bidder). All sales are final. When the bidding ends on our website and you are the high bidder, you than assume complete responsibility for care of each purchase at time of sale. 

We reserve the right to refuse service to anyone bidding, buying, selling, shipping, delivering and/or at pick up. 

Neither THE 9LIST nor Athleisure Media LLC  is responsible for accidents, thefts, errors or omissions.  

The auctioneer reserves the right to add or remove items from the auction; split or combine lots; add minimum bids or reserve prices.  

The auctioneer reserves the right to cancel, suspend, extend or reschedule an individual item and or auction event or to make changes to the auction closing times or inspection or removal times. 

Items used in photos for displaying and or containing items such as crates, totes, step blocks, back drops, etc. are not part of the selling lot unless specifically stated in the description. 

Bidding Profile  

When you register to bid with THE 9LIST and Athleisure Media LLC, you must create a bidding profile. This profile contains your personal information, which you can later edit. It is your responsibility to ensure that all the information on that profile is VALID and CURRENT. We rely on that information to contact you and process payment, including address, phone, billing, shipping, credit card and email information. If you need help logging in or resetting information in your profile, contact us. 

Email Responsibility 

In order to register to bid in any online auction at THE 9LISR, you must have a valid email address. It is YOUR responsibility to ensure that your particular server accepts emails from our server. We use email as our primary method of communication and you will not receive any other method of bidding, registering, or invoice confirmation from our office.  

Buyers Premium 

A buyer’s premium will be added to each purchase. Buyer’s premium is 9% unless stated otherwise: if you bid $100.00, at checkout you will be charged $109.00. Each and every time you place a bid, you agree and confirm to this. 

Auction Closing 

The closing time of the auction will be listed within the auction information page of our website. Once bidding closes, items you have won become your responsibility. 

If our auctions feature extended bidding, and a bid is placed on a lot within the last FIVE (5) minutes of the auction, bidding will extend on that lot for FIVE (5) minutes past the closing time. That lot will remain open until there are no bids on that item during the extended time period(s). This only affects lots that receive a bid during the last FIVE (5) minutes of the auction. Any lot not bid on in the last five minutes will close as scheduled.   

On occasion, we may run an EXTEND ONE/EXTEND ALL auction. In this case, if any single lot receives a bid in the last FIVE (5) minutes, ALL LOTS in the auction will extend in Five-minute increments. 

If our auction(s) offer MAXIMUM BIDDING, you can bid a higher number than the next “Asking Bid”. You can place a max bid at any time in the place bid space by simply entering the highest number you want to bid. When you place a MAX BID, the current bid price will only go to the next increment, or one increment over someone else’s max bid if one has been placed. The computer will bid for you in the pre-determined auction increments up to your highest dollar entered only if someone else bids against you to raise your bid to that dollar amount. When someone has already entered a MAX BID on an item you are bidding on, the system will automatically bid for you until you are the current high Bidder or you reach your MAX BID. If you have reached your MAX BID and are still not the current high Bidder, the system will give you the opportunity to enter another MAX BID. You can always raise your max bid, but you CANNOT lower it. 

Bids will be placed in the order that they are received. If TWO buyers enter a BID of the same dollar amount, the buyer who entered his/her BID FIRST will be the bidder that is in at that price. If you bid a certain amount and see that the bid is that amount, but you are not the 'Winning Bidder', that means that someone else had a max bid of that amount and so their bid was placed into the system ahead of yours. Check your email to review whether you are outbid. 

THE 9LIST is not responsible for internet malfunctions, loss of connection or system glitches that may prevent you from placing last minute bids, or receiving notices from our company. Don’t wait until the last minute to bid; if the system is busy, your bids may not process within the last seconds of an auction closing. 

Payment 

Payment for all purchases is due immediately at the conclusion of the auction unless specifically outlined otherwise. 

A Valid credit card is required for bidding approval. We accept Visa, MasterCard, and Discover. No other payment method will be allowed unless it is specifically stated on our website. Currency: USD only 

If charges are declined by the credit card processor a non-sufficient funds charge of $25.00 will be charged each time processing is denied. The buyer will be notified of NSF transaction through e-mail and be given 24 hours to contact THE 9LIST with an alternative payment method, if applicable and viable.  

Any invoice over $1,500.00 will require wire transfer. Credit Card will not be accepted for invoices over $1500. Payment for any titled item, such as autos, boats, trailers and some ATVs, will require a wire transfer of funds in full before being released to the buyer. 

If purchases are not settled within 24 hours of the close of the auction, they are considered in default. Upon default, the Bidder’s privileges may be suspended on THE 9LIST auctions. Bidding privileges may be reinstated when default has been satisfied. Subsequent defaults may result in bidding privileges being blocked or denied. Such action may be taken at the sole discretion of THE 9LIST and Athleisure Media LLC. 

Payment in full is required before receiving your invoice itemizing your purchases and fees. 

No credit card charge backs will be allowed. NO refunds will be given. 

Invoices  

Once you’ve paid, THE 9LIST will send you an invoice via email with confirmation of items won, the purchase total, and applicable fees. 

If you do NOT receive an invoice, you can find the invoice in your profile on our website. You may also contact us to resend the invoice. It is your responsibility to ensure you have your invoice timely. 

If you were bidding on an item and think you have the winning bid, but did not receive an invoice, contact us. 

Shipping, Handling & Insurance: 

Shipping for closed and won Auctions by Seller Posts is accommodated by third-party sellers, not THE 9LIST.  

Disabling Your Online Account: 

Your account maybe disabled due to one or more of the following reasons: 

Non-payment of an invoice; Not showing up at pickup; Arriving late at pickups; Not signing up for pick up times, requiring staff to call by phone; Difficulty charging credit card or invalid credit card; Chargebacks; Inappropriate treatment of staff or sellers; Damage of property at pickup; Refusing to pay for shipping; Showing up at pickups unprepared with removal materials or help loading; Not removing all of your winnings from an auction. 

Sellers Terms Agreement 

These Seller Terms apply to your use of THE 9LIST, THE 9LIST MARKETPLACE, and THE 9LIST AUCTIONS (“THE 9LIST”) services. 

As a Seller, you agree to our Seller Terms (“Seller Terms”), and this applies to all users, sellers and members of the site, and use of the commerce services and features we make available to you to display, promote, offer, market or sell products and services. 

These Seller Terms incorporate other policies, terms and conditions that apply to you, which include but are not limited to: 

By using our site and features you agree to the Terms and Conditions Poiicy, our Shipping and Returns Policy. 

We may modify each from time to time in our discretion. 

To the extent you use other THE 9LIST Products in connection with your use of any Commerce Feature, these Seller Terms are part of the terms that apply to your use of those Products, and those other terms continue to apply. To the extent of any conflict between these Seller Terms and any other terms, the Seller Terms shall govern solely with respect to your use of the Commerce Features. 

You Sales Posts and Content

You grant us certain permissions to use your sales posts and content. We may display product or service posts shared by you or on your behalf (each a “Product Post”) on the THE 9LIST Products. You grant us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to host, use, distribute, modify, run, copy, publicly perform, make available, display, translate, and create derivative works of the Product Posts and any other content, data, or information shared by you or on your behalf or accessed by us in connection with the Features, including photos and videos (together with Product Posts, your “Seller Content”), in connection with our Products. You represent and warrant that you have all necessary rights in Seller Content to grant us the licenses and rights set forth in these Seller Terms. 

You are responsible for your sales posts and content. Even if we host and display your Seller Content on THE 9LIST Products, you are solely responsible for the contents of your Seller Content. You must ensure that all Seller Content is true, accurate and complete at all times, including without limitation the description, price, applicable taxes or fees, shipping information, required legal disclosures and other advertisement, offer or promotional content. You are solely responsible for setting the price of products or services you offer. If we provide guidance regarding a suggested price for products or services you offer, such guidance is informational only and the decision to accept or reject such guidance is solely yours. 

You must ensure that your Product Post provides Users with the terms, conditions and policies that apply to the transaction for that product. You are responsible for displaying, keeping up to date and honoring any sales, returns and/or privacy policies and all other relevant terms or information or disclosures related to your Product Posts that you want to apply to your interactions with Users or that are otherwise required by law. Any such terms, information, or disclosures do not bind us and must not conflict with these Seller Terms or our other applicable terms and policies. 

You are responsible for applicable taxes relating to your sales posts and content. Even if we host and display your Seller Content on THE 9LIST Products, you are the seller of record and agree to comply with all applicable tax laws and ordinances. Except as otherwise provided in the Payment Terms, you are solely responsible for all determinations, calculations, collections, withholdings, reporting, and remittance of applicable taxes, duties, fees, surcharges and additional charges (“Taxes & Fees”) for sales that result from your use of Features. You are solely liable for all liabilities, including without limitation, any penalties or interest, taxing jurisdictions may assess as a result of the under remittance or non-remittance of any Taxes & Fees imposed on your products or services. 

Your products and services

You must comply with our terms and all applicable laws when you use our Features. Your products and services, Seller Content and use of our Features must comply at all times with these Seller Terms, our other applicable terms and policies and applicable laws, rules, and regulations. You agree that you are solely responsible for determining that the Commerce Features are suitable for your intended use. 

You are responsible for ensuring the integrity and safety of your products and services. As between us, you are solely responsible for any defect or non-conformity in any product or service you offer and for complying with any recall or safety alert, or similar direction or notice, with respect to any product or service related to your Product Listings. You agree to promptly remove any Product Listing upon issuance of any recall or safety alert, or similar direction or notice, or claim of infringement of intellectual property rights with respect to products or services relating to your Product Listings. 

Sales of counterfeit or pirated products and sales prohibited by government sanctions are strictly prohibited. Without limiting the generality of the policies set forth above, you are expressly prohibited from displaying, promoting, offering, marketing or selling counterfeit or pirated products or services through the Features. You may not use the Commerce Features in connection with any activities, individuals or entities that are located in a country or region that is subject to comprehensive U.S. sanctions law or in a manner that would otherwise violate applicable U.S. or non-U.S. trade sanctions laws. 

You are responsible for providing customer service to Users in connection with your products and services. You are responsible for providing, managing, paying for, and fulfilling any sales, warranty and customer service, returns, refunds or accommodations to Users in connection with your use of a Commerce Feature. 

Any incentives we provide do not modify these Seller Terms. You agree that we may offer to fund promotions, discounts or other incentives (“Incentives”) to you or directly to Users to encourage engagement with Product Posts or Seller Content, and that our funding of Incentives does not violate any other agreement you have or alter your obligations under these Seller Terms. 

THE 9LIST may audit and review your Seller Post(s) and/or Seller Content to ensure the integrity of our services, but this does not change your obligations to us or to Users. These reviews may include automated or other audits of your Seller Content to verify compliance with these Seller Terms and applicable law, but do not mean that we assume any responsibility or liability or otherwise agree to modify your responsibilities and liabilities under these Seller Terms and applicable law. 

THE 9LIST MARKETPLACE CONCIERGE We may provide select marketplace concierge services for select onboarding, storefront activities and added communications layer. THE 9LIST is merely acting as a facilitator and does not guarantee services from sellers to buyers or fina payment by buyers to sellers. While THE 9LIST will make efforts for the parties to have good results, it shall be held harmless and not liable by any parties for these storefronts, posts, activities, delays or inactivity.

Our services

We may modify or cease providing our services. We may modify or cease operating any Feature, with or without prior notice or liability to you. 

We provide our Features as a convenience to you. The Features, including but not limited to tools we provide that allow you to view information about past transactions, offer Incentives, or to calculate default shipping rate, tax rate or other data, are provided as a convenience only. You use them at your sole discretion and risk. We are not responsible for any inaccuracies, errors or liabilities that may arise out of their use. Additional terms may apply to their use. 

You may use third party service providers only as permitted by these terms. As used in these Seller Terms, a “Service Provider” means anyone who directly or indirectly provides services to you or to third parties on your behalf. You may use Service Providers in connection with Features only if you ensure they comply with these Seller Terms, including your responsibility to protect User Data (as defined below). You are solely responsible for the acts or omissions of your Service Providers, and a failure to comply with these Seller Terms by any of your Service Providers will be deemed a breach by you. In certain circumstances and in order to optimize your use of our Commerce Features, you or your Service Provider may provide us with credentials to act on your behalf with respect to our integration with your Service Provider. We are not responsible for any errors, inaccuracies or liabilities whatsoever in connection with our use of such credentials. 

We may test improvements that affect your use of our services. From time to time, we test improvements to our audiences and delivery systems, which may impact how your Seller Content is displayed or your use of Features or other services. Testing is designed to improve the effectiveness of our service, but we are not responsible for impacts to you that may arise from it. 

We may use automated means to help optimize your sales posts and content. These means may include use of part or all of THE 9LIST Platform or allowing us to use automated software and create test credentials to retrieve information from domains, webpages or other URLs you provide. We or any entity acting on our behalf may access, index, cache, analyze, or crawl, including through use of automated software, the domains, webpages or URLs associated with your Seller Content in connection with our Features, enforcement of our Commerce Policies, or both. If you provide URLs or similar content in connection with Seller Content, you grant us and any entity acting on our behalf the right to access, index, cache, analyze or crawl the URLs and the content available through such URLs or any portion thereof, and based on your account settings, pull updates periodically from such URLs to create, augment, or update your Seller Content. 

We may make ratings and reviews available about you and your sales posts and content. We may display ratings and reviews related to you or your Product Posts. We have no responsibility for the content of such ratings and reviews. Except for those ratings and reviews which are part of your Seller Content, you do not own or have any rights in or to such content. You understand we may use automated software to present more useful ratings and reviews to Users. Any ratings or reviews you submit shall comply with our policies and applicable law. Without limiting the foregoing, you may not submit or cause or allow others to submit illegitimate or inauthentic ratings or reviews. 

Other terms may apply to use of certain Features. 

Our role. THE 9LIST and Athleisure Media LLC is merely a facilitator between parties with THE 9LIST MARKETPLACE and THE 9LIST AUCTIONS. While we may provide certain services to enable transactions or to help resolve issues with buyers, we have no control over and do not guarantee the performance or actions of any buyer, including the ability of buyers to pay for products or services you offer or that a buyer will actually complete a transaction. 

Ranking 

We use a number of signals to display relevant Product Posts to Users when they browse or search Features.  

Your use of THE 9LIST Users’ data 

You may only use User data in accordance with these Seller Terms. You may only use any User’s data, content, or other information you receive from THE 9LIST in connection with your use of the Features (“User Data”) in accordance with (a) our applicable terms and policies, (b) privacy policy and terms of sale you make available to Users, and (c) applicable laws, rules and regulations. To the extent there is a conflict between or among any of the above, the most restrictive term, policy, law or regulation shall apply. You may not sell or misuse User Data. Without limiting the generality of the foregoing, you may use User Data (i) to support the transactions arising from the User's use of the CommerceFeatures or (ii) for any purpose for which you have obtained the valid consent of the User or otherwise have a legal basis. You may not engage in direct email marketing to Users unless the User has opted into receiving marketing emails from you. 

We are both independent controllers of User Data. We are considered separate and independent data controllers of the personal information of Users. As such, we each independently determine the purposes and means of processing User Data and therefore are not responsible for your use of User Data. If we are found to jointly control such User Data and we are held responsible in any way for its use, you agree to indemnify us in accordance with the terms herein. Where you and a third party jointly determine the purposes and means of specific data processing actions with respect to your Product Post(s), you agree that you and such party shall be a joint controller of such User Data. In this case, you and such party are responsible for complying with your obligations under applicable law.  

You will cooperate with us to help ensure User privacy. You will promptly notify us in writing when you become aware of a security incident or receive notice of any regulatory or enforcement inquiry regarding privacy or data security in connection with your use of Features or User Data, including any involving your Service Providers, unless you are otherwise instructed by a law enforcement or regulatory agency. You will cooperate with us in investigating and remediating a security incident and in responding to a regulatory inquiry or enforcement. 

Enforcement of our terms 

We reserve the right to review your use of Features and take any actions we deem necessary or advisable in our discretion to protect us or our Users, which may include remedies up to and including suspension or termination of any or all our services to you. 

Our failure to enforce any part of our terms or policies is not a waiver of our right to do so at a later date. 

In connection with our review of your use of Commerce Features, we may request information from you. You agree to promptly comply with our requests. 

Indemnification 

In addition to and without limiting the scope of the indemnification obligations set out in the terms and policies listed above: 

You agree to indemnify and hold us harmless from and against any claims (including but not limited to claims for property damage, bodily injury or death, and to the extent permitted by law, claims based on our negligence), damages, losses and expenses of any kind (including reasonable legal fees and costs) (collectively, “Claims”) arising from or related to your sale of products using our Features, the products you sell using our Features, your acts or omissions with respect to User Data or any breach or alleged breach of these Seller Terms. 

You agree to indemnify and hold us harmless from all Claims related to Taxes & Fees, including any penalties and interest (“Tax Liabilities”) that may result from your use of Commerce Features. You agree that (a) we have no liability to you or any taxing jurisdiction for any Tax Liabilities; (b) you are solely responsible and liable for payment of Tax Liabilities; and (c) you shall not seek reimbursement from us for Tax Liabilities. 

Other terms and conditions 

If you connect your account from another Athleisure Media LLC Product  to your use of Features, then these Seller Terms will apply to your use of Features on those other Company Products, in addition to the other terms which continue to apply to those products. 

If you are a business established in the European Union or the United Kingdom and use a Commerce Feature to sell products to consumers located in the European Union or the United Kingdom, you can learn more about your commercial relationship with us by reviewing our Platform to Business Notice supplements these Seller Terms. 

These Seller Terms do not create any partnership, joint venture, franchise, sales representative or agency relationship between you and THE 9LIST, or an exclusive relationship between us. 

These Seller Terms do not create any partnership, joint venture, franchise, sales representative or agency relationship between you and Athleisure Media LLC, or an exclusive relationship between us. 

We may change or update these Seller Terms at any time in our sole discretion. If we make changes or updates, we will provide you with notice such as by email or by posting the amended Seller Terms here and updating the “Last Updated” date. All amended Seller Terms will become effective immediately on the date posted unless we state otherwise, and will apply prospectively after such changes and updates become effective. Your continued use of the Features constitutes acceptance of those changes and updates. 

We may translate these Seller Terms into languages other than English for your convenience, but to the extent there are any inconsistencies or conflict between those translations and the English version, the English version will control to the fullest extent permitted under applicable law. 

If any portion of these Seller Terms are found to be unenforceable, then (except as otherwise provided) that portion will be severed and the remaining portion will remain in full force and effect. 

You may terminate these Seller Terms at any time by providing us with at least 30 days prior written notice. Some provisions will still apply following any termination of