Terms of Use

Terms of Use

Terms of Use

Antarctic Auction

Effective Date: February 28, 2019

These Terms of Use, consisting of Part I: Auction Terms and Part II: General Terms (collectively, the “Terms”) are a legal agreement between you and Six Mile, LLC an Alaskan corporation (“Six Mile, LLC,” “we,” “us,” “our”) that governs your access to and use of www.BestRecycling.com or www.6milellc.com (the “Site”), all downloadable materials, information, photos, and other documentation that appears on the Site (“Content”), and, if you use the Auction, your participation in Six Mile, LLC’s Antarctic Auction services (the “Auction”). References to “you” or “your” mean anyone who visits the Site, accesses Content, registers for an Account, or participates in the Auction, whether you do so as an individual or for the entity that you represent (if doing so as a business).

Your access to and use of the Site, Content, Account, or the Auction is conditioned upon your acceptance of these Terms and our Privacy Policy, which is incorporated into these Terms by this reference. Please read these Terms and our Privacy Policy carefully before using the Site or Content or participating in the Auction.

By accessing the site or content, registering for an account, or participating in the auction, you agree to be bound by these terms. If you are agreeing to these terms on behalf of a company or other entity other than a natural person, then you hereby represent and warrant that you are authorized and lawfully able to bind that company or entity to these terms. If you do not agree, do not access or use the site or content or click to indicate that you agree to these terms. These terms contain a mandatory arbitration provision and a class action waiver; please carefully review the ‘Governing Law and Exclusive Jurisdiction; Arbitration’ section of these terms.

If you visit or browse the Site without registering for an Account or participating in the Auction, Part I of these Terms may not apply to you. However, all visitors to the Site are bound by the General Terms provided in Part II of these Terms. If you register for an Account or participate in the Auction, Part I and Part II of these Terms will apply to your use of the Site and your registration for an Account and participation in the Auction.

Part I: AUCTION-SPECIFIC TERMS

Disclaimer; No Warranties. All Auction Items are sold “as-is,” “where-is,” “with all faults,” and “as available.” Six Mile, LLC does not make any representations or warranties, express, implied, or statutory, regarding the quality or condition of Auction Items described on the Site or provided through the Auction. Carefully review the disclaimer that is in ‘disclaimer; no warranties’ section of these terms. It applies to all auction items.

Auction Description. Six Mile, LLC operates the Auction. You may contact Six Mile, LLC at the address and telephone number at the end of these Terms. The below is generally how an Auction works on our Site, but additional information may appear on other webpages on the Site. We reserve the right to change Auction rules from time to time, including for any specific Auction Item and last minute.

Eligibility. Bidders must be U.S. residents and lawfully able to enter into contracts. Six Mile, LLC reserves the right to refuse service to anyone for any (or no) reason.

Account Registration; Access. In order to participate in the Auction, you must register for an account (“Account”) on the Site. If you register, you must provide current, complete, and accurate information, including your email address and a user name. We will provide you a password you may change. You are responsible for keeping your user name and password confidential. You are responsible for all activity that occurs under your Account (whether you authorized it or not) and you agree that Six Mile, LLC may attribute to you all use of your user name. You are strictly prohibited from registering for more than one Account. Please notify us immediately at auction@6milellc.com if you suspect any unauthorized use of your Account or any other breach of security. Upon winning an Auction, you will need to provide additional information, which must be current, complete and accurate, including your full name, telephone number, and billing and shipping addresses.

Auction Items. All items posted for sale in the Auction (“Auction Items”) are used (i.e., not new) or surplus items.

  1. Item Previews. Auction Item previews may be available on-line or in-person at the location designated by Six Mile, LLC. You will need to request base access for in-person preview: HERE
  2. Item Listings, Descriptions, and Photographs. Prior to an Auction, a catalog will be posted online at the Site which will include a lot number for each Auction Item and may include information about the Auction Items, including descriptions and photographs. Six Mile, LLC does not guarantee that every Auction Item listed or described will be available. We make tremendous effort to insure that we present our entire auction inventory with all the information we have available to help you make the most informed decision. The information we offer regarding item condition or usability is a statement of judgment and not a statement of fact. All items in this auction are from the US Antarctic Program and the items may have defects not identified in the photos.

Online Bidding.

If you are registered for an Account, you may be able to Bid on Auction Items. When you make an offer to purchase an Auction Item at a price higher than the current bid price, you are a “Bidder” and you are placing a “Bid” on that Auction Item. All Bidding is subject to the following terms and conditions.

  1. Bidding Process and Description. In addition to the information below you can find more information about how the Auction works at BestRecycling.com or www.6milellc.com.
  2. Bidding Rules. By registering for an Account or otherwise participating in the Auction, you agree to be bound by the following bidding rules and restrictions:
    1. Bidders may not Bid on Auction Items for the sole purpose of increasing the purchase price (unless expressly permitted otherwise by applicable law). Bid manipulation or “shill” bidding of any kind is expressly forbidden;
    2. Bidders are prohibited from communicating with one another for the purpose of manipulating the final purchase price of an Auction Item and from “spamming” (sending unsolicited commercial email to others); Bidders are prohibited from making Bids in false names or with invalid credit card numbers, and from impersonating any person or entity.

Bid Submissions. You select all Bid amounts. Six Mile, LLC may set minimum Bid increments. In addition to your maximum Bid amount, a 10% buyers’ premium (additional charge) will be added to the total amount of all Winning Bids. Bidding on an Auction Item is an offer to buy the Auction Item at the price in the Bid, provided the bidder’s offer is the Winning Bid at the close of the Auction. Six Mile, LLC reserves the right to refuse or reject the Bid of any bidder, including any bidder who is not permitted by law to purchase Auction Items.

Automatic Bids. You may place Bids manually or you may place Bids to be made automatically in increments up to a maximum Bid amount designated by you. You agree that Six Mile, LLC may enter each of your automatic Bids and that you will be bound by them.

No Change or Revocation of Bids. All placed Bids are final and subject to applicable law, you may not cancel or revoke your Bid once submitted. Six Mile, LLC reserves the right to make an exception to this rule in its sole discretion, however, you should only place a Bid that you can honor and assume that no exceptions will be made. If a problem occurs with a Winning Bid in an Auction, we may reinstate your unsuccessful Bid to a currently winning status at your last Bid price (i.e., if there is a problem with another Winning Bidder, you may become the Winning Bidder even though you thought you lost).

Sale of Lots. Auction Items may be listed as “lots.” Each lot will be sold to the Winning Bidder in its entirety. The Winning Bidder of any lot must take receipt of the lot in its entirety.

Consideration of Bids. Six Mile, LLC may monitor Bid submissions to ensure proper use of the Site. Six Mile, LLC reserves the right to reject any Bid for any reason in its sole discretion. Bids may be rejected if they contain inaccurate, incomplete, or unverifiable information, or violate any of the Terms, including any Bidding Rule listed in these terms. If you place a false or fraudulent Bid, or otherwise violate the Terms, Six Mile, LLC may pursue all available legal remedies.

Winning Bids; Timing of Payment and Shipment. The highest or most favorable offer for any Auction Item at the Auction’s close will be the winning Bid (“Winning Bid”), subject to verification or confirmation by Six Mile, LLC. Six Mile, LLC’s clocks and timing may differ from your clocks and timing; Six Mile, LLC’s clocks and timing will control in the event of any conflicts regarding closing or other times. Acceptance of a Winning Bid is subject to:

  1. verification that your designated payment method is valid and has a sufficient credit or other balance to cover your full Bid and all other amounts due, including the buyer’s premium, any applicable taxes and any shipping or handling charges,
  2. you picking up or arranging shipment for the Auction Item within three (3) business days after the close of bidding; and
  3. your full compliance with these Terms and with any additional conditions in disclosures made in the listing for the Auction Item. If we do not receive or are not able to confirm payment within 48 hours after the close of bidding (to be determined by us in our sole discretion) or if you do not pick up or arrange shipment for the Auction Item within three (3) days after the close of bidding, we may suspend or cancel your Bid without further notice and make that Auction Item available to another bidder, restart the Auction, or dispose of the Auction Item in any other way we determine. Individuals or entities that place Winning Bidders will be notified by email.
  4. Bidders must make full payment on the day of sale after the close of bidding and arrange for pick up or shipment of the Auction Item within 3 business days after the close of bidding. No equipment is to be removed until the auction has closed and complete settlement is made.

You may Bid only on Auction Items for which you are willing to pay and take possession in accordance with these Terms. Failure to pay for or take possession of an Auction Item following a Winning Bid may result in termination of the contract and liability for liquidated damages to Six Mile, LLC.

Technical Problems. In the event of a technical problem on the Site that interferes with the Bidding process, Six Mile, LLC may in its discretion extend the bidding period or withdraw items from the Auction.

Payment.

A 10% buyers’ premium (additional charge) will be added to the total amount of all Winning Bids. Payment for Auction Items may be made by the methods described at http://6milellc.com/antarctic-auction/payments/. All Auction Items must be prepaid, in United States funds only. For Auction Items with a Winning Bid, a wire transfer from your bank to the identified Six Mile, LLC bank is required. We will advise you of the necessary bank information upon your Winning Bid. Bank transfers can take several days to complete. Your Auction Item will be held until your payment is verified by our bank. Transaction information from your bank alone is not sufficient to release the Auction Item. No Auction Item will be shipped or released for pickup until payment is received in full. If your payment method is declined, we do not receive verification of your wire transfer, or we do not receive payment for your Winning Bid within 48 hours after the close of bidding, we are not responsible and we may cancel your Winning Bid, provide the Auction Item to the next highest bidder, put up the Auction Item for a new auction, or otherwise dispose of the Auction Item in any way we in our sole discretion deem appropriate.

Transfer of Title. If you are the Winning Bidder, after receipt of payment in full, Six Mile, LLC will transfer to you all right, title and interest that Six Mile, LLC has in the Auction Items. Purchasers of vehicles will receive all available documentation (e.g., title, bill of sale) upon payment in full and transfer of the Auction Item. Title is not always available for all vehicles.

Shipping; In-Person Pickup. You are responsible for pick up or shipment of Auction Items. Six Mile, LLC will only help arrange to ship Auction Items within the continental United States. Six Mile, LLC reserves the right in its sole discretion not to ship to certain locations, including addresses in certain states in the United States. We can help arrange shipping, but all shipping and handling charges are the Winning Bidder’s responsibility. All orders placed through the Auction are shipment contracts, not destination contracts, which means the risk of loss transfers from Six Mile, LLC to you when we hand over the purchased Auction Item to the delivery company or to you if you pick it up. If you pick up Auction Items, you assume all costs and risks associated with removal. All lots include dunnage (e.g., pallets, crates, bands, etc.) and buyers are responsible for removing the entire lot and for the disposal of unwanted items and dunnage. Buyer agrees to indemnify and hold harmless sellers against any damage caused by the acts of buyer or any persons acting at buyer’s request or on buyers’ behalf in connection with the dismantling or removal of property. Out-of-state buyers must be prepared to certify that purchased will be delivered to other states. Certain laws may restrict who may purchase or receive certain materials in certain locations, for example, electronic products, vehicles, or medical devices. Six Mile, LLC reserves the right not to sell or ship to you if you do not possess all applicable certifications, licenses, and meet all other requirements necessary for purchase, even if you placed a Winning Bid. Six Mile, LLC reserves the right to require that you pick up Auction Items in person at the location designated by Six Mile, LLC.

Because our auction is located on a naval base, there are a few steps required for security clearance if you would like to inspect auction items before you bid or if you pick up auction items after winning a bid. All visitors to the naval base must be cleared by naval base security. This clearance and the information you are required to provide is not within Six Mile, LLC’s control. A required form to request access is located here. The auction items are received on a U.S. military installation and anyone wishing to enter the Naval base for inspection or pick up will need to be cleared. No one will be allowed on the base without proper clearance. You will not be allowed on the base if you have been convicted of a felony or if you are not a U.S. citizen. Six Mile, LLC is not responsible if you are not able to gain clearance to access the Naval base.

Lost or Damaged Items. We cannot be held responsible for damaged, lost, or stolen packages.

Refunds or Returns. Six Mile, LLC will not offer any refunds for or returns of Auction Items, unless expressly required by applicable law. ALL SALES ARE FINAL.

Auction and Auction Item Availability; Support. You may participate in the Auction if and when it is available. Six Mile, LLC does not guarantee availability of the Auction or Auction Items. To the maximum extent authorized under applicable law, Six Mile, LLC reserves the right to change, remove, or delete Auction Items or restrict, block access to, or stop providing any or all of the Auction or Auction Items at any time and without notice. Six Mile, LLC has no obligation to provide any support in relation to your participation in the Auction.

Part II: GENERAL TERMS

Permitted Use. Except for the limited right to view the Site and Content set forth in this Section, you may not download, copy, sell, print, rent, lease, issue, distribute, transmit, broadcast, modify, perform, display, transfer, upload, post, create derivative works of, exploit, sublicense or otherwise use the Site or Content. You may not use any portion of the Site or Content in any way for commercial use. We give you limited permission to make a copy of these Terms and the Privacy Policy for your personal reference. You may not remove any proprietary notices on the Site or Content, or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Site or Content. You further agree not to interfere with the proper functioning of the Site and not to use the Content in a way that suggests you are a representative of Six Mile, LLC.  Any scraping, automated access, or other unauthorized access to and storage of Content is prohibited.  You may not use the Site or Content for any illegal purpose.  Use of the Content for any purpose other than what is described in this Section is prohibited.

Third Party Websites and Links. The Site may contain links or references to third party websites (“Linked Sites”). Six Mile, LLC does not endorse or sponsor any Linked Sites or the information, products, or services contained on any Linked Sites, and we have no control over Linked Sites or their content. Linked Sites are governed by their own user agreements and privacy policies, which you should be sure to read. The Site may also permit you to share Content by publicly posting it on your personal account with a Linked Site. Six Mile, LLC is not responsible for and does not control the Content you share on any Linked Sites and access to any Linked Site is solely at your own risk.

User Comments; User-Generated Content. The Site may include functionality that allows registered users to submit comments, photos, videos, or other information (“User Content”) to interactive parts of the Site, including, but not limited to, user comment and discussion areas of the Site. Six Mile, LLC does not control or endorse and is not responsible for any User Content. However, Six Mile, LLC may remove or modify User Content if it violates the Terms or is offensive. Six Mile, LLC does not claim ownership of User Content. However, by posting any User Content you grant to Six Mile, LLC and all members of the public who access User Content on or through the Site a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, sublicensable, and transferable license to distribute, reproduce, modify, adapt, publish, translate, publicly perform, publicly display, make derivative works of, and otherwise use the User Content you provide to Six Mile, LLC or make available through the Site and to publish your name or other information about you in connection with that User Content. You represent and warrant that you have all the rights necessary to grant the rights in this Section and that the use and publication of your User Content will not violate any law. You must not provide any User Content that infringes others’ intellectual property or privacy rights. You are solely responsible for all User Content you provide to Six Mile, LLC or make available through the Site.

User Conduct. You are solely responsible for the content of your transmissions to or through the Site, including the Auction. You agree to comply with all applicable local, state, national and international laws and regulations, including but not limited to U.S. and foreign export and import laws, and: (1) not to use the Site, Content or Auction for illegal purposes; (2) not to interfere or disrupt networks connected to the Site or Auction; and (3) to comply with all policies and procedures regarding the Site, Content and Auction. You agree not to transmit through the Site or Auction any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to Six Mile, LLC’s computer systems are prohibited. Six Mile, LLC may, at its sole discretion, immediately suspend or terminate access to the Site and Auction if it appears that your conduct fails to conform to these Terms.

Site Availability and Support. You may access the Site if and when it is available. Six Mile, LLC does not guarantee availability of the Site, Content, Auction Items, or the Auction. The Site may occasionally be down for service, upgrades, maintenance, or for other reasons. To the maximum extent authorized under applicable law, Six Mile, LLC reserves the right to change, remove, delete, restrict, block access to, or stop providing any or the entire Site at any time and without notice. Six Mile, LLC has no obligation to provide any support in relation to the Site, Content, Auction Items, the Auction, or your Account.

Termination. You may terminate your Account or your use of the Site at any time by contacting us at auction@6milellc.com. Six Mile, LLC reserves the right to terminate or suspend the Site, the Auction, or access to the Site or Auction at any time, without notice, for any reason, including for your breach of any of the Terms.

Privacy. When you visit the Site or participate in the Auction, you authorize Six Mile, LLC to automatically collect information about you and your use of the Site and to use, transmit, process, and store this information in accordance with our Privacy Policy.

Disclaimer; NO Warranties. Without limiting the disclaimers in part I (paragraph 1) of these terms, the site, content, auction, auction items and accounts are provided “as is,” “where is,” “with all faults” and “as available” and the entire risk of use, performance, and participation remains with you. To the maximum extent permitted by applicable law, Six Mile, LLC does not make any representations, warranties, or conditions, express, implied, or statutory with respect to the site, content, auction, auction items and accounts, and does not make and hereby disclaims any and all warranties, including any warranty of merchantability or fitness for a particular purpose. Auction items are surplus or not new. There is no warranty of title, quiet enjoyment, or non-infringement, or that the auction items are free from any security interest or other lien or encumbrance of any kind. Without limitation, Six Mile, LLC makes no warranty that the site, content, auction, auction items and accounts: (a) will meet your requirements; (b) will be available or provided on an uninterrupted, timely, secure, or error-free basis; or (c) are free of viruses or other harmful or malicious code or components; or that any information or content obtained will be accurate, complete or reliable or that any defects or errors will be corrected. Six Mile, LLC makes no warranty that: (i) auction items will conform to the description or photographs on the site; or (ii) all auction items listed will be available. Not all defects may be apparent in the listing. No listing, description or photograph of any portion of any auction item lot creates any representation or warranty that that portion or the remainder of the lot conforms to that listing, description or photograph. All content and auction items you bid on, purchase, obtain through the site, or use are accessed and used at your own risk, and you will be solely responsible for any damage or loss that results therefrom.

Exclusion of certain damages. To the maximum extent permitted by applicable law, in no event will Six Mile, LLC be liable for any consequential, special, incidental, indirect, or punitive damages; for loss of profits, business, goodwill, anticipated savings, or use; loss or corruption of data, confidential or other information; business interruption; personal injury; wrongful death; property damage; loss of privacy; failure to meet any duty of good faith or reasonable care; negligence; cost of procurement of substitute items or services; and any other pecuniary or other loss whatsoever, arising out of, based on, resulting from, or in any way related to these terms, site, content, auction, auction items and accounts, even if Six Mile, LLC has been advised of the possibility of such damages.

Limitation of liability and exclusive remedies. To the maximum extent permitted by applicable law and to the extent they are not excluded or disclaimed under part I (paragraph 1), Six Mile LLC’s maximum, aggregate liability to you, and your exclusive remedy under these terms for any and all damages, injuries, and losses arising from any and all claims and causes of action arising out of, based on, resulting from, or in any way related to these terms, site, content, auction, auction items and accounts will be to recover the actual damages you incur based upon reasonable reliance, but not to exceed the lesser of the amount actually paid by you to us for the item or aspect of services giving rise to the damages, or $5,000. The existence of multiple claims or suits under or related to these terms or the site, content, auction, auction items and accounts will not enlarge or extend the limitation of money damages.

Independent Remedies. The exclusion of damages is independent of your exclusive remedy and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability  apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.

Consumer notice: Some jurisdictions do not allow the exclusion or limitation of damages (including incidental or consequential), loss, or liability from intentional acts (including fraud, fraudulent misrepresentation, and failure to disclose defects), product liability, or for death or personal injury. Nothing in these terms will be interpreted as excluding liability which cannot under applicable law be excluded in those jurisdictions.  If you reside, or are otherwise subject to the laws in one of those jurisdictions, any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that law and, if limitation is not permitted, the limitations and exclusions may not apply to you.

Indemnification. You will defend, indemnify, and hold Six Mile, LLC, its directors, officers, employees, agents, partners, suppliers, and licensors harmless from any third party claims or demands, including reasonable attorneys’ fees, relating to, arising from, or allegedly arising from (a) your use of the Site, Content, Auction, Auction Items and your Account and activities occurring under your user name; (b) your pick-up or shipment of the Auction Items; (c) any violation by you of these Terms; or (d) your violation of any other party’s rights or applicable law, including U.S. and foreign export and import laws.

DMCA Copyright Notice and Takedown Procedures. Six Mile, LLC respects the intellectual property rights of others. If you believe that certain Content available on the Site infringes your copyright, you can send written notice in accordance with the provisions of the Digital Millennium Copyright Act (“DMCA”) to our Designated Copyright Agent, who can be reached as follows:

Dan Pickett

General Manager, PMP

Six Mile, LLC.

auction@6milellc.com

To be effective, notice must include the following, in compliance with Section 512(c) of the DMCA:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and specific information sufficient to permit us to locate the material;
  4. Information sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

This process is only available for reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.  Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing may be subject to liability.  If you are unsure whether material on the Site is infringing, you should contact an attorney prior to sending notice. After receiving notice, Six Mile, LLC may remove or disable access to infringing material.

Changes to these Terms. Six Mile, LLC reserves the right to change these terms at any time, in our sole discretion, upon notice to you. Six Mile, LLC may give notice by making the updated Terms available on the Site or by any other reasonable means. You can review the most current version of the terms at any time at www.BestRecycling.com/term-of-use. The updated terms are binding on you on the effective date indicated in the updated Terms. If you do not agree to the updated terms, you should stop using the Site and stop participating in the Auction before the effective date. Your continued use of the site or participation in the Auction after the effective date will constitute your acceptance of the updated terms.

Notices. Six Mile, LLC may give you all required notices (including legal process) by any lawful method, including by posting notices on the Site or by sending notice to any mailing address or email address you provide to Six Mile, LLC. You agree to send Six Mile, LLC notices by mailing them to the following address:

Antarctic Auction
Six Mile, LLC
1001 E Benson Blvd, Suite 201

Anchorage, AK 99508

Reservation of Rights; Copyright and Trademark Notice. Six Mile, LLC and its suppliers reserve all right, title and interest in their materials on the Site, including all Content and software. These rights may be protected by United States copyright laws and other intellectual property laws. Our trademarks may only be used with our written permission. Any other company names, product names, service names, or logos used on the Site may be the trademarks of their respective owners. Except as expressly provided in these terms, nothing contained in the terms or site will be construed as conferring any license or right, by implication, estoppel, or otherwise, under copyright or other intellectual property rights.

Governing Law and Exclusive Jurisdiction; Arbitration. These terms will be governed by and construed in accordance with the laws of the State of Alaska without reference to its conflict of laws provisions. Subject to the arbitration provision below, you hereby submit to exclusive jurisdiction and venue in the state and federal courts located in Municipality of Anchorage, United States, for any and all disputes, claims, and actions arising from or in connection with the these Terms or the Site, Content, Auction, Auction Items and your Account. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these terms or to the Site, Content, Auction, Auction Items or your Account.

You and Six Mile, LLC each agree that all claims and disputes arising out of or related to these terms or to the site, content, auction items and your account, or any aspect of the relationship between you and Six Mile, LLC, will be resolved in municipality of anchorage, by binding arbitration by a single neutral arbitrator or, if the claim qualifies, in small claims court. you and Six Mile, LLC each also agree that these terms affect interstate commerce so the federal arbitration act applies, including with respect to any question of whether a claim or dispute is subject to arbitration (despite the choice of governing law in this section). you and Six Mile, LLC each agree to only pursue arbitration on an individual basis and that you will not pursue arbitration in a class, consolidated, or representative basis, regardless of the application of procedural rules by any arbitrator. if any court or arbitrator holds that the class action waiver is unenforceable, then the dispute must be brought in a state or federal court in municipality of anchorage. you and Six Mile, LLC each also agree that for arbitrated claims the arbitrator’s award will be final and binding and may be entered as a judgment in any court of competent jurisdiction. To begin arbitration you must send a letter requesting arbitration and describing your claim to the address for notice listed for Six Mile, LLC. Six Mile, LLC will attempt to notify you in writing of any dispute if Six Mile, LLC has your email or mailing address. If Six Mile, LLC does not have your address Six Mile, LLC will post a notice at the Site. The American Arbitration Association (AAA) will arbitrate all disputes and the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply. You and Six Mile, LLC each are responsible for your own respective costs relating to the arbitration, except that Six Mile, LLC will pay the arbitration administrative or filing fees, including the arbitrator fees. An arbitrator may award on an individual basis any relief authorized by law, including injunctive or declaratory relief and attorneys’ fees.

Miscellaneous. If a court of competent jurisdiction holds any provision of these terms to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect, and any unenforceable provision will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. Six Mile, LLC may assign these terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, in the Site, Content, Auction or your Account (including any right to access the Site, Content, Auction or your Account). These terms will be binding upon all of Six Mile, LLC’s and your successors and assigns. Six Mile, LLC’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on Six Mile, LLC if it is in a written document signed by Six Mile, LLC. These terms (including all incorporated terms) constitute the entire agreement between you and Six Mile, LLC with respect to your use of the Site and participation in the Auction. Both you and Six Mile, LLC warrant to each other that, in entering these terms, neither Six Mile, LLC nor you have relied on nor will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Six Mile, LLC, or Six Mile, LLC’s and your respective successors and permitted assigns, will have any right to enforce any of these Terms.

Contact Information. If you have questions or comments regarding the Site, Content, the Auction, Auction Items, your Account, or these Terms, or to report a violation of these Terms, please contact us at:

Six Mile, LLC.

Six Mile, LLC. – Antarctic Auction

Office: (907)569-9599

1001 E Benson Blvd, Suite 201

Anchorage, AK 99508

Bond Number: CA Bond # 09308026

auction@6milellc.com

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