HP Auctions - Where Enthusiasts Buy & Sell

1. Acceptance of Terms

By accessing and using HP Auctions ("the Platform"), you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to these terms, please do not use the Platform. HP Auctions, Inc. ("we", "us", "our") reserves the right to modify these terms at any time, and such modifications shall be effective immediately upon posting.

Your continued use of the Platform following any changes constitutes acceptance of those changes. We recommend reviewing these terms periodically to stay informed of updates.

2. User Accounts

To participate in auctions, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Users must be at least 18 years old and legally capable of entering into binding contracts. By creating an account, you represent and warrant that you meet these requirements.

You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with these security obligations.

3. Auction Rules and Bidding

All bids placed on HP Auctions constitute a legally binding offer to purchase the vehicle at the bid price. By placing a bid, you agree to purchase the vehicle if you are the winning bidder at the close of the auction, subject to any reserve price set by the seller.

Bids cannot be retracted once placed except in exceptional circumstances as determined by HP Auctions in its sole discretion. Users who consistently retract bids or fail to complete purchases may have their accounts suspended or terminated.

HP Auctions reserves the right to cancel any auction at any time for any reason, including but not limited to: suspected fraudulent activity, violation of these terms, or if the listing violates our policies.

4. Payment and Fees

Winning bidders must complete payment within 3 business days of auction close. Accepted payment methods include wire transfer, certified bank check, and financing through approved partners.

HP Auctions charges a buyer's fee of 5% of the final hammer price (minimum $250, maximum $5,000). Sellers pay a listing fee of $99 and a success fee of 5% of the final sale price (capped at $5,000) if the vehicle sells.

All fees are non-refundable unless otherwise specified. Failure to complete payment may result in account suspension, negative feedback, and legal action to recover damages.

5. Vehicle Listings and Seller Obligations

Sellers must provide accurate, truthful, and complete information about vehicles listed on the Platform. This includes disclosing all known defects, damage history, odometer readings, title status, and any other material facts that could affect a buyer's decision.

Misrepresentation of vehicle condition, history, or specifications is strictly prohibited and may result in listing removal, account termination, and liability for damages. Sellers agree to hold HP Auctions harmless from claims arising from inaccurate listings.

Sellers must have clear title to vehicles listed and agree to transfer title to the winning bidder upon receipt of payment. Vehicles with salvage titles, rebuilt titles, or liens must be clearly disclosed in the listing.

6. Prohibited Activities

Users are prohibited from engaging in the following activities:

Bid manipulation, shill bidding, or any form of auction fraud
Listing stolen vehicles or vehicles with fraudulent documentation
Harassment, threats, or abusive conduct toward other users
Circumventing Platform fees by completing transactions off-platform
Creating multiple accounts to manipulate auctions or evade restrictions
Using automated systems or bots to place bids or scrape data
Posting false or misleading information

Violation of these prohibitions may result in immediate account termination and legal action.

7. Intellectual Property

All content on the Platform, including but not limited to text, graphics, logos, images, and software, is the property of HP Auctions or its content suppliers and is protected by intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.

By uploading content to the Platform (including photos, descriptions, and comments), you grant HP Auctions a non-exclusive, worldwide, royalty-free license to use, reproduce, and display such content in connection with operating the Platform.

8. Disclaimers and Limitation of Liability

HP Auctions acts as a marketplace platform connecting buyers and sellers. We are not a party to transactions between users and make no representations or warranties regarding the condition, value, or legality of vehicles listed on the Platform.

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, HP AUCTIONS DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL HP AUCTIONS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM. OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU TO HP AUCTIONS IN THE 12 MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to indemnify, defend, and hold harmless HP Auctions, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Platform, your violation of these terms, or your violation of any rights of third parties.

10. Dispute Resolution

Any disputes arising from these terms or your use of the Platform shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Los Angeles, California, and judgment on the award may be entered in any court having jurisdiction.

You agree to waive any right to a jury trial and to participate in class action lawsuits against HP Auctions.

11. Governing Law

These terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

12. Contact Information

If you have questions about these Terms of Service, please contact us at:

HP Auctions, Inc.
123 Automotive Drive, Suite 400
Los Angeles, CA 90001
Email: legal@hpauctions.com
Phone: 1-800-472-8284