Effective Date: November 11th, 2024

Welcome to Twin Cities Auctions

Welcome to Twin Cities Auctions, LLC ("TCA," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of the services provided by Twin Cities Auctions through our online vehicle auction platform (the "Platform"). By accessing or using the Platform, including registering an account or participating in any auctions, you agree to these Terms in full. If you do not agree, please discontinue use of our Platform immediately.

1. Company Information

• Legal Name and Structure: Twin Cities Auctions, LLC, a Limited Liability Company registered in Minnesota.
• Contact Information: Support@TwinCitiesAutoAuctions.com | Phone: 763-202-7252 | Address: 9643 161st Ave NW, Elk River, MN 55330

2. Services Offered

• Primary Services: Twin Cities Auctions operates an online vehicle marketplace where buyers and sellers transact in vehicles, including auctions, offers, buy-it-now options, and negotiation services.
• Additional Services: We also offer Vehicle Service Contracts, Vehicle Transport Services, vehicle reconditioning services, and other on-premise vehicle services.

3. Agreement to Our Legal Terms

These Terms constitute a legally binding agreement between you and TCA. By using our Platform, you acknowledge that you have read, understood, and agree to comply with these Terms, including any future modifications.

4. Eligibility and Registration

• Eligibility Requirements: Use of our services is restricted to individuals who are at least 18 years old and legally capable of entering into binding contracts. Account creation requires submitting specific information, such as name, driver's license, insurance information, and a valid credit card. We may require identity verification.
• Registration Requirements: There are two account types: Buyer and Guest. Buyers may bid and make purchases; Guests have limited platform access.
• Multiple Accounts: Users are expressly prohibited from creating multiple accounts.
• Account Security: Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account. TCA cannot and will not be liable for any loss or damage arising from the user's failure to comply with this obligation.

5. Auction Process

• Bidding Mechanism: Users may make pre-auction offers that are treated as proxy bids. Live auctions take place with incremental bids of $50.
• Bid Retraction: Bids are binding and cannot be retracted. All bids constitute a contractual agreement to pay if you are the winning bidder.
• Reserve Auctions: Vehicles may be offered with or without reserve prices, which are set internally and not disclosed unless the reserve price is reached.
• Winning Notification: Winning bidders will be notified via their registered account and email.

6. Payment Terms

• Accepted Payment Methods: We accept cash (up to $500), credit cards (Visa, Mastercard, American Express; fees may apply), wire transfers, cashier’s checks, mobile payments (Venmo, Cash App), and business checks from pre-approved dealers.
• Payment Deadline: All payments must be made within 72 hours (3 business days) of winning the auction
• Fees: Buyers must pay a buyer’s premium as outlined in our fee structure. Administrative and Buyers Premium fees apply to all transactions. DMV fees apply to all transactions according to the rules and laws of the applicable DMV.
• Sales Taxes and Corrections: Buyers are responsible for any applicable sales taxes. TCA reserves the right to correct pricing or fee errors at any time.

7. Vehicle Conditions and Warranties

• As-Is Sales: All vehicles are sold on an "as-is, where-is" basis without any warranties, express or implied, including merchantability or fitness for a particular purpose. Buyers are encouraged to inspect vehicles before bidding.
• Disclaimer on Condition Information: Vehicle information, including condition reports and mileage disclosures, is provided for convenience only and may be inaccurate or incomplete. Buyers should not rely solely on this information and are responsible for conducting their own inspections and due diligence.
• No Guarantee of Resale Value or Condition: TCA does not guarantee the future resale value or marketability of purchased vehicles.

8. Vehicle Inspections

• Inspection Policy: Buyers may inspect vehicles but may not test-drive them. Inspections must occur before the end of the auction. There are no inspections allowed post-auction. All sales are final.
• Title Information: Title transfers may take 8-12 weeks or longer, depending on state processing times. Out-of-state buyers may experience additional delays.

9. User Conduct and Responsibilities

• Code of Conduct: Users are expected to act honestly, honor bids, avoid damage to property, and follow all site rules.
• Prohibited Activities: Shill bidding, harassment, circumventing suspensions, unauthorized use of the platform, interference with other users' transactions, and any fraudulent activities are strictly prohibited. Accounts may be suspended or terminated for misconduct.
• Prohibited Persons and Export Compliance: Users represent that they are not subject to sanctions or embargoes (e.g., OFAC list) and are solely responsible for complying with export regulations.
• Indemnification for Guests and Representatives: Users are responsible for the conduct of their representatives or guests, including any violations of TCA rules or property damage.

10. Intellectual Property

All content on the Platform, including photos, videos, and vehicle listings, is owned by TCA and protected under applicable copyright laws. Unauthorized use, reproduction, distribution, or derivative works from any content on our Platform is prohibited.

11. Data Privacy and Security

• Data Collection: We collect personal information for registration, transaction, marketing, and user experience improvement purposes. Data collected includes driver's license details, contact information, and payment data.
• Usage and Security: User data is used to improve Platform services, conduct marketing, and comply with legal obligations. We employ encryption and other security measures to protect user data. While we employ reasonable security measures, TCA cannot guarantee absolute security of user data.
• Privacy Compliance: We comply with applicable federal and state privacy regulations. Users should refer to our Privacy Policy for additional details.

12. Limitation of Liability

• Liability Caps: TCA’s liability shall not exceed the value of the vehicle transaction and excludes any direct, indirect, consequential, or incidental damages, including loss of profits, data, or other intangible losses.
• Risk of Loss: Users assume all risk of loss or damage to vehicles post-sale. TCA is not liable for damage during transportation or after the vehicle leaves TCA premises.
• Personal Injury and Property Damage: Users assume all risks when accessing TCA facilities, including risks related to vehicle inspections. TCA is not liable for any personal injury, property damage, or indirect damages arising from the use of the Platform or purchase of vehicles.
• Vehicle Loading and Pickup: Buyers are solely responsible for vehicle loading, securing, and transportation, and assume all associated risks. TCA is not liable for damages incurred during these activities.

13. Dispute Resolution

• Governing Law: These Terms shall be governed by Minnesota law. All transactions are deemed to take place in Minnesota, and users consent to the exclusive jurisdiction of Minnesota courts for any disputes arising from these terms.
• Arbitration: Any disputes that cannot be resolved amicably may be brought before the courts in Sherburne County, Minnesota. However, TCA reserves the right to mandate arbitration in accordance with the rules of a recognized arbitration organization.
• Precondition to Claims: Users must attempt to resolve disputes informally with TCA before initiating arbitration or legal proceedings.
• Class Action Waiver: Users waive any rights to pursue claims on a class basis. All claims must be brought individually.

14. Termination of Services

TCA reserves the right to suspend or terminate user accounts for any reason, including non-payment or violation of these Terms. Users must settle outstanding obligations before termination.

15. Modifications to Services or Terms

TCA may modify these Terms or the services offered at any time. Users will be notified by email, and changes will be effective upon posting on our website. TCA also reserves the right to modify or discontinue any part of the service at any time without prior notice, and TCA shall not be liable for any such modifications or discontinuance.

16. Force Majeure

TCA shall not be liable for delays or failures in performance resulting from acts of God, pandemics, government actions, natural disasters, supply chain disruptions, or any other events beyond our reasonable control.

17. User Account Security

• Account Responsibility: Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account. TCA cannot and will not be liable for any loss or damage arising from the user's failure to comply with this obligation.

18. Contact and Notices

• Inquiries: For any inquiries, please contact us at mailto:Support@TwinCitiesAutoAuctions.com. Notices regarding account changes, updates to these Terms, or other legal communications will be provided via the email you registered with.

19. Entire Agreement

These Terms constitute the entire agreement between you and TCA, superseding all previous agreements.

20. Severability

If any provision in these Terms is found invalid or unenforceable, the remaining provisions will remain in full effect.

21. No Waiver

Failure by TCA to enforce any right or provision in these Terms shall not constitute a waiver of such rights or provisions.

Thank You for Choosing Twin Cities Auctions

Your use of our Platform signifies that you have read, understood, and agreed to these Terms. We appreciate your business and are committed to providing a trustworthy and straightforward vehicle auction experience.