TERMS & CONDITIONS

Effective Date: July 11, 2026

Welcome to the A Smart Auction website (“Website”). These Terms & Conditions (“Terms”) govern your access to and use of this Website, which is operated by A Smart Auction (“Company,” “we,” “us,” or “our”).

By accessing or using this Website, you agree to be bound by these Terms. If you do not agree, please discontinue use of this Website.

1. ABOUT US

A Smart Auction is a licensed, bonded, and insured auction company providing estate auctions, business liquidations, storage lien auctions, government auctions, personal property auctions, and related auction services throughout Arizona, California, and surrounding areas.

This Website provides general information regarding upcoming auctions, auction services, auction locations, contact information, and related business services.

2. ELIGIBILITY & WEBSITE USE

By using this Website, you represent that you are at least the age of majority in your state or have permission from a parent or legal guardian.

You agree to use this Website only for lawful purposes and in compliance with all applicable local, state, and federal laws.

You agree not to:

  • Violate any applicable law or regulation
  • Attempt to gain unauthorized access to the Website or its servers
  • Introduce viruses, malware, or harmful code
  • Use the Website to transmit spam or unauthorized communications
  • Copy, reproduce, distribute, or exploit Website content without written permission
  • Interfere with the security or functionality of the Website

We reserve the right to restrict or terminate access to the Website for violations of these Terms.

3. AUCTION INFORMATION

We strive to ensure that auction listings, dates, locations, photographs, and descriptions are accurate. However:

  • Auction dates, times, and locations may change without prior notice.
  • Items may be added, removed, or withdrawn before bidding begins.
  • Item descriptions and photographs are provided for informational purposes and may not fully represent the condition of an item.
  • Availability of items is not guaranteed.

Nothing on this Website constitutes a binding offer to sell any item until the applicable auction has concluded.

4. REGISTRATION, BIDDING & PURCHASES

Participation in an auction may require registration and acceptance of additional auction-specific terms.

By participating in an auction, you agree that:

  • All bids are binding once accepted by the auctioneer.
  • Buyers are responsible for reviewing items before bidding whenever inspections are available.
  • Buyers are responsible for applicable taxes, buyer’s premiums, and any additional fees disclosed before the auction.
  • Payment must be made using approved payment methods.
  • Failure to complete payment may result in cancellation of the sale, suspension of bidding privileges, or other remedies permitted by law.

Specific auction terms announced before or during an auction shall control in the event of any conflict with these Website Terms.

5. BUYER’S PREMIUM & PAYMENTS

Certain auctions may include a buyer’s premium, taxes, administrative fees, or other charges.

All applicable fees will be disclosed prior to or during the auction.

Accepted payment methods may vary by auction and may include cash, approved checks, debit cards, and major credit cards.

We reserve the right to refuse or cancel transactions where payment cannot be verified or authorized.

6. INTELLECTUAL PROPERTY

All Website content is owned by or licensed to A Smart Auction and is protected under United States copyright, trademark, and other intellectual property laws.

This includes but is not limited to:

  • Logos
  • Branding
  • Auction listings
  • Photographs
  • Videos
  • Text
  • Graphics
  • Website design and layout

No Website content may be copied, reproduced, distributed, modified, or used without prior written permission.

7. USER COMMUNICATIONS

If you submit information through contact forms, email, telephone inquiries, or other communications, you agree that:

  • The information you provide is accurate.
  • You have the legal authority to provide the information.
  • Your submissions do not violate any law or third-party rights.

We may use submitted information to respond to inquiries, administer auctions, provide requested services, and improve our business, consistent with our Privacy Policy.

8. THIRD-PARTY LINKS

This Website may contain links to third-party websites.

We are not responsible for:

  • Third-party content
  • Privacy practices
  • Accuracy of information
  • Availability of third-party services

Your use of third-party websites is entirely at your own risk.

9. DISCLAIMER OF WARRANTIES

This Website is provided on an “as is” and “as available” basis.

To the fullest extent permitted by applicable law, we make no warranties regarding:

  • Accuracy or completeness of Website content
  • Continuous Website availability
  • Security or uninterrupted operation
  • Fitness for a particular purpose

Auction information is subject to change without notice.

10. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, A Smart Auction shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from:

  • Your use of the Website
  • Participation in any auction
  • Reliance upon Website information
  • Website interruptions or technical errors
  • Unauthorized access to Website systems

Nothing in these Terms limits liability where prohibited by applicable law.

11. PRIVACY & CALIFORNIA RIGHTS

Your use of this Website is also governed by our Privacy Policy.

If you are a California resident, you may have rights under the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), and other applicable California privacy laws, including:

  • The right to know what personal information we collect
  • The right to request access to your personal information
  • The right to request correction or deletion of personal information, subject to applicable legal exceptions
  • The right to opt out of certain data sharing activities, where applicable
  • The right to limit the use of sensitive personal information, where required by law
  • The right to non-discrimination for exercising your privacy rights

We will honor applicable California privacy rights to the extent required by law.

12. GOVERNING LAW & VENUE

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law principles.

If you are a California resident, nothing in these Terms is intended to limit or waive any rights afforded under applicable California consumer protection or privacy laws.

Any disputes arising from these Terms or your use of the Website shall be brought exclusively in the appropriate state or federal courts located in Arizona, unless another venue is required by applicable law.

13. CHANGES TO THESE TERMS

We may update these Terms from time to time.

Changes become effective immediately upon posting on this Website.

Your continued use of the Website after changes are posted constitutes acceptance of the revised Terms.

14. CONTACT INFORMATION

If you have questions regarding these Terms, please contact us through the contact information provided on the Website.

A Smart Auction

2476 E. 13th Street

Yuma, Arizona 85365

Phone: (928) 210-1794

Website: https://asmartauction.com

15. SEVERABILITY

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any auction-specific terms announced or published before a particular auction, constitute the entire agreement between you and A Smart Auction regarding your use of this Website and supersede all prior agreements relating to the Website.