BIC Marketplace User Agreement

Effective Date: February 25, 2025

1. Introduction

Welcome to BIC Auctions Inc. ("BIC," "we," "our," or "us"). This User Agreement ("Agreement") outlines the terms and conditions governing your use of our online advertising services. By accessing or using our platform, www.bicauctions.com, including BIC Marketplace or any software features (together, the “Website” or “Service”, you ("User," "you," or "your") agree to comply with and be bound by this Agreement.

2. About BIC Marketplace

BIC provides a self-serve online advertising platform designed exclusively for businesses to list and promote equipment, machinery, and other assets (“Items”) for sale. With BIC Marketplace, you can advertise Items for sale, including but not limited to; creating and managing Items (“Listing”), setting prices, and selling privately while benefiting from enhanced marketing tools and optional premium features.

Our platform helps connect Sellers and Buyers, but BIC is not a party to any transaction or purchase contract between them. We do not:

  • Endorse any particular Seller, Buyer, or Item.
  • Guarantee the existence, quality, safety, legality, or accuracy of Items advertised.
  • Verify the truthfulness of Listings or Sellers’ ability to sell Items.
  • Confirm a Buyer’s ability to pay for an Item or that a transaction will be completed.

Unless explicitly stated, BIC does not facilitate payments or offer transaction protection services. All transactions are solely between the Buyer and Seller.

3. Using BIC Marketplace

3.1 Seller Use and Responsibilities. By completing the seller registration process and submitting Item Listings, you acknowledge that BIC acts solely as an advertising platform and is not involved in the transaction, negotiation, or shipping of any equipment. 

When you register as a Seller and create Listings, you acknowledge that BIC Marketplace is strictly an advertising platform. We do not facilitate transactions, negotiations, or equipment shipping.

When you register on behalf of a business, you confirm that you have the authority to act on its behalf and bind it to this Agreement. The business entity owns the account, and all references to “you” in this Agreement include that entity.

You must provide accurate and up-to-date information when creating your account. You are responsible for all activity under your account, including maintaining security. If you suspect unauthorized access or fraudulent activity, you must notify BIC immediately.

3.2 Geographic Scope. Our services are available exclusively within the United States. All transactions, communications, and Listings must pertain to assets located within the U.S.

3.3 Permitted and Restricted Uses. BIC Marketplace is designed for businesses to buy and sell equipment, not for personal or household use. You may use our platform to browse, create Listings, and connect with potential buyers or sellers, provided you follow this Agreement and all applicable laws.

You may not do any of the following:

  • Use the platform if you are under 18, unable to form a binding contract, or have been previously banned from BIC.
  • Disrupt the platform’s operation, overload our servers, or interfere with other users’ experience.
  • Attempt to hack, breach security, or manipulate any system linked to the platform.
  • Upload viruses, malware, or harmful code.
  • Share your login credentials or bypass security measures.
  • Impersonate another person, business, or misrepresent your identity.
  • Use the platform for fraudulent, illegal, or deceptive purposes, including phishing.
  • Use the platform to compete with BIC or develop competing services.
  • Extract, scrape, or copy large portions of data from the platform.
  • Remove copyright notices or attempt to claim ownership of platform content.
  • Use contact details from Listings for purposes other than inquiring about an Item.

BIC reserves the right to remove accounts or Listings that violate these terms.

4. Item and Listing Data

Other than the Listings you create, your access to Listing data is limited to the following permitted uses:

  • Reviewing, comparing, or deciding whether to buy a listed Item or similar equipment.
  • Contacting Sellers to inquire about, negotiate, or complete a transaction.
  • Assessing market conditions to decide whether to sell similar equipment.

You may not:

  • Share, sell, or publish Listing data, including reports or analyses on market trends.
  • Use Listing data to develop pricing tools, market dashboards, or similar applications.

BIC Marketplace is intended to connect Buyers and Sellers, and not to be used for data extraction or resale.

5. Listing Conditions 

5.1 User Eligibility. Only registered businesses are permitted to create Listings on our platform. Individual users must provide a valid company name during registration.  Users must complete the registration process and remit the applicable fees before their Listings are published.

5.2 Fees and Payments. Sellers are required to pay a monthly recurring fee for each active Item Listing. You acknowledge that recurring fees are subscription-based and not dependent on actual usage. All fees, expenses, and charges are nonrefundable, and there are no refunds, nor are there credits for partially used membership periods.  Accepted payment methods will be specified during the registration process. Fee structures are subject to change, and BIC will provide notice of any adjustments. 

5.3 Authorization to Charge. By using BIC Marketplace, you authorize us to charge your selected payment method ("Payment Method") for any applicable fees related to your Listings or other services. You agree to complete all payments using your chosen Payment Method.

If we identify a billing error, we reserve the right to correct it, even if payment has already been processed. Your payment terms are determined by your Payment Method provider, such as your bank or credit card issuer.

If you dispute a charge (e.g., by initiating a chargeback or reversing a payment), BIC may suspend or terminate your account immediately. If we successfully challenge the dispute and recover the funds, you will not be eligible for a refund or account reinstatement.

5.4 Listing Content. Users must ensure that Listings are relevant to the marketplace and comply with this Agreement. When creating a Listing on BIC Marketplace, you must ensure that:

  • You have the legal right to sell the Item.
  • The description, images, and contact details are accurate and complete.
  • The condition of the Item is fairly represented, without misleading or deceptive information.
  • Each Listing is for a single, unique Item with no duplicates.
  • The Listing is solely for selling the Item and does not promote other products or services.
  • The content does not infringe on trademarks, copyrights, or other third-party rights.
  • The Listing does not contain discriminatory, defamatory, offensive, or threatening content.

These guidelines are in place to ensure a trustworthy and compliant marketplace for all users.

5.5 Listing Approval. All Listings are subject to review by BIC before being published as an active Item Listing. If we determine that a Listing needs additional information or may not meet our standards, we will contact you via email or phone.

BIC reserves the right to delay publishing, modify, or remove any Listing that does not meet our guidelines, without liability. Approval, rejection, or removal of Listings is at our sole discretion, and we are not required to provide a reason for any decision.

5.6 Prohibited Uses. Users are strictly prohibited from:

  • Posting false, misleading, or deceptive information.
  • Listing illegal, stolen, or Items otherwise prohibited by law.
  • Harassing or stalking any person, or contacting any person who has requested not to be contacted
  • Impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity
  • Harvesting or otherwise collecting information about users, including email addresses and phone numbers
  • Engaging in fraudulent or unethical business practices.
  • Violating any laws, regulations, or third-party rights.

Failure to comply with these guidelines may result in the removal of your Listing and suspension or termination of your account.

5.7 Term and Termination. Services will commence on the date the registration payment was placed on the website. Thereafter, recurring services will automatically renew for successive terms of equal length unless the Service is terminated, due to breaching the terms of this Agreement, or for any reason, by either party. The service will terminate at the end of the current billing cycle.  

5.8 Cancellation. To cancel a Listing, Sellers must contact BIC directly and provide necessary details, including the final sale price if the item was sold.  Customers may cancel any active subscription by contacting BIC at support@bicauctions.com or phone (319) 385-3399. 

Recurring fees will continue until cancellation is confirmed by BIC. It is the Seller's responsibility to ensure cancellation requests are properly submitted and acknowledged.

6. Data Sharing

By creating a Listing, Sellers consent to share Item and sale price data with BIC for internal purposes only. This data will not be used for marketing without explicit consent.

7. Dispute Resolution

BIC is not a party to transactions between Buyers and Sellers on BIC Marketplace and will not mediate disputes. Users are encouraged to resolve conflicts directly. In the event of a dispute, Users release BIC from claims, demands, and damages of every kind arising out of or connected with such disputes.

BIC is not responsible nor liable for:

  • The accuracy or reliability of Listings.
  • Transactions or agreements made between Users.
  • Disputes arising between Buyers and Sellers.
  • Any damages or losses resulting from the use of our platform.

8. Limitation of Liability

To the fullest extent permitted by law, BIC Marketplace, including its parent company, affiliates, officers, directors, employees, and agents, will not be liable for any special, indirect, incidental, or consequential damages arising out of or related to your use of the Services. This includes, but is not limited to:

  • Your ability or inability to use BIC Marketplace.
  • Errors, inaccuracies, or omissions in Listings.
  • Any unauthorized access, hacking, or security breaches affecting your account or data.
  • Any guidance, recommendations, or third-party services used in connection with Listings.
  • The quality, condition, legality, or safety of any Item listed or purchased.
  • Loss of profits, data, goodwill, or business opportunities.
  • Any delays, errors, or technical issues on the platform.
  • The actions, behavior, or statements of any other User.
  • The removal, modification, or delay of Listings in search results.

Regardless of the nature of the claim, whether based on contract, negligence, tort, or any other legal theory, BIC's total liability to you or any third party will not exceed the greater of (a) the total fees paid to BIC in the 12 months prior to the event giving rise to the claim or (b) $500.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such cases, BIC's liability will be limited to the maximum extent permitted by law.  This limitation of liability is a fundamental part of the agreement between you and BIC, and the Services would not be provided without it.

9. Governing Law

This Agreement is governed by and construed in accordance with the laws of the State of Iowa, without regard to its conflict of law principles. Any legal actions or proceedings arising under this Agreement will be brought exclusively in the courts located in Iowa.

10. Intellectual Property

10.1 Compliance with Intellectual Property Laws. By using BIC Marketplace, you agree to respect the intellectual property rights of others. You must not upload, post, distribute, or otherwise use any content that infringes on copyrights, trademarks, or other proprietary rights. BIC reserves the right to remove any content suspected of violating intellectual property laws and may suspend or terminate accounts of repeat infringers.

10.2 Trademarks and Content. All trademarks, service marks, logos, and branding used on BIC Marketplace, including the BIC name and logo (“BIC Marks”), are the property of BIC or its licensors. Your use of BIC Marketplace does not grant you any rights to use, reproduce, or modify the BIC Marks without prior written permission. Any goodwill generated from your use of BIC Marks belongs exclusively to BIC.

All content, design, text, graphics, and other materials on BIC Marketplace are owned by BIC or its licensors and are protected under copyright and intellectual property laws. You may not copy, distribute, or create derivative works from this content without authorization.

10.3 Reporting Intellectual Property Infringements. BIC respects intellectual property rights and expects Users to do the same. If you believe your copyrighted work or other intellectual property has been used without permission on BIC Marketplace, you may file a complaint by providing the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the copyright or intellectual property owner.

2. Identification of the copyrighted work or intellectual property being infringed.

3. A description of the material that is allegedly infringing, including its location on BIC Marketplace.

4. Contact information, including your address, phone number, and email.

5. A statement confirming that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law.

6. A statement, under penalty of perjury, that the provided information is accurate and that you are the copyright or intellectual property owner or authorized to act on their behalf.

Send infringement notices to:

Attn: Infringement Notice
BIC Legal Department
301 E Henry Street, Mt. Pleasant IA 52641
Email: support@bicauctions.com

Phone (319) 385-3399

Knowingly submitting false claims of infringement may result in legal consequences, including damages and attorney fees. If you are unsure of your rights, consult a legal professional before submitting a complaint.

11. General 

11.1 Entire Agreement. This User Agreement constitutes the entire agreement between you and BIC Marketplace regarding the use of our services. Any other communications, whether verbal or written, do not modify this Agreement unless explicitly stated in an amendment by BIC.

11.2 Amendments. BIC reserves the right to update or modify this Agreement at any time by posting the revised terms on our website. If changes are significant, we may also notify Users via email or through the platform. The updated terms take effect on the date specified in the amendment. Your continued use of BIC Marketplace after changes take effect signifies your acceptance of the revised Agreement. If you do not agree to the changes, you must stop using the platform and close your account.

11.3 Assignment. You may not transfer or assign your rights or obligations under this Agreement without BIC’s prior written consent. BIC may assign this Agreement without restriction. Any attempted transfer in violation of this section will be null and void.

11.4 Severability. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remainder of the Agreement will continue in full force and effect.

11.5 No Waiver. If BIC fails to enforce any part of this Agreement, it does not waive our right to enforce that or any other provision in the future.

11.6 Independent Contractors. This Agreement does not create any agency, partnership, joint venture, or employment relationship between you and BIC. All parties remain independent entities.

11.7 California Users. The provider of the Services is BIC Auctions Inc. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254. 

11.8 Notifications. BIC may provide notices via email, website updates, or other reasonable means. You are responsible for ensuring your contact information is current. If you wish to notify BIC, refer to contact details provided on the website.

11.9 Privacy & Data Use. BIC processes user data in accordance with our Privacy Policy. We do not sell or misuse personal data and will only use it for necessary business functions, such as providing services, maintaining security, and legal compliance.

11.10 Injunctive Relief. You acknowledge that any breach of this Agreement or infringement of proprietary rights could cause irreparable harm to BIC. As a result, we may seek injunctive relief or other legal remedies as necessary.