The following Site Usage Terms and Conditions ("Site Usage Terms") establish the terms of your use of Gordon Brothers Marketplace LLC's (hereinafter referred to as "Gordon Brothers Marketplace") sites and services (www.gordonbrothersmarketplace.com) (the "Site"). Unless otherwise stated explicitly herein, "You" refers to all users of the Site.
The Site Usage Terms were last revised on December 9, 2024.
1. CAPACITY TO CONTRACT. The Site is available only to individuals acting in a professional capacity (non-consumers). If you are acting on behalf of another person or entity, you represent and warrant that such person or entity has authorized you to act and enter legally binding contracts on its or his/her behalf. Without limiting the foregoing, (i) minors in any jurisdiction, and (ii) individuals who have been suspended from the Site may not use the Site. For Sellers in one of the countries in the European Union, the Site may only be used by commercial (non-consumer) parties, who have a valid VAT ID number that is verifiable through the EU Commission's VIES database (accessible via the following web link: http://ec.europa.eu/taxation_customs/vies/vatResponse.html).
2. REGISTRATION. Registration is required to use certain features of the Site. Gordon Brothers Marketplace reserves the right, in its sole discretion, to disapprove of any request to become a registered user (a "Registered User") and to suspend or terminate your authorization to use the Site for any reason. By registering with the Site, you agree to comply with these Site Usage Terms and Conditions and, when buying or selling equipment through the Site, with the Seller and Buyer Terms and Conditions which supplements these Site Usage Terms. You represent and warrant that (i) all information provided to Gordon Brothers Marketplace is accurate and complete and (ii) you will update such information so that it is kept current, accurate and complete at all times. You acknowledge and accept that Gordon Brothers Marketplace may contact you using the contact information you provide during registration and that you may incur wireless charges, depending upon the method of communication, which are your sole responsibility. Gordon Brothers Marketplace reserves the right, in its sole discretion, to disapprove of any listing on the Site and to suspend or terminate your authorization to use the Site at any time and for any reason, with or without cause.
3. LOGIN ID, PASSWORD, SECURITY. You are solely responsible for protecting the confidentiality of your login ID and password and are responsible for all use of your Site account. You agree to notify Gordon Brothers Marketplace immediately of any unauthorized use of any login ID and/or password or any other breach of security regarding the Site. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
4. USER RESPONSIBILITIES. You agree to comply with all applicable laws and regulations regarding your use of the Site. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots", "spiders", "offline readers", etc., to access the Site in a manner that sends more request messages to Gordon Brothers Marketplace's servers than a human can reasonably produce in the same period of time by using a conventional online web browser; (iii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) uploading invalid data, viruses, worms, or other software agents through the Site; (vi) collecting or harvesting any personally identifiable information, including account names, from the Site; (vii) using the Site for any commercial solicitation purposes; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; or (ix) bypassing the measures we may use to prevent or restrict access to the Services.
5. USER INFORMATION AND PRIVACY STATEMENT. Please see Gordon Brothers Marketplace's Privacy Notice, located at /terms?section=privacyPolicy and incorporated herein by reference.
6. THIRD PARTY LINKS. The Site may contain links to third-party websites, advertisers, or services that are not owned or controlled by Gordon Brothers Marketplace. Where Gordon Brothers Marketplace provides such third-party links, no representations or endorsements are made in connection with such sites. Gordon Brothers Marketplace has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. If you access a third-party website from the Site, you do so at your own risk, and you understand that these Site Usage Terms and Gordon Brothers Marketplace's Privacy Statement do not apply to your use of such sites. You expressly relieve Gordon Brothers Marketplace from all liability arising from your use of any third-party website or services or third-party owned content. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that Gordon Brothers Marketplace shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties. We encourage you to be aware of when you leave the Site, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.
7. MODIFICATION AND AVAILABILITY. Gordon Brothers Marketplace may, at any time, delete, modify or supplement the content of this Site without prior notice. Gordon Brothers Marketplace reserves the right, for any reason, at its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. Gordon Brothers Marketplace may also impose limits on certain features of the Site or restrict your access to all or part of the Site without notice or penalty.
8. MONITORING. You agree that Gordon Brothers Marketplace has the right, but not the obligation, to monitor at any time, for any reason at its sole discretion, all material and content on the Site and usage of the Site. Gordon Brothers Marketplace may record and monitor communications between You and Gordon Brothers Marketplace representatives for quality assurance purposes.
9. SERVICE AVAILABILITY. Gordon Brothers Marketplace makes reasonable commercial efforts to make its Services and Site available. However, it is not responsible for any service interruptions, including, but not limited to, interruptions that may affect the receipt, processing and acceptance of bids or other aspects of an Advertisement.
10. SECURITY. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
11. COPYRIGHT AND TRADEMARKS. The trademarks, trade names, designs and all material contained on this Site or through other Services, including all portions of the website, content, site design, text, graphics, and all intellectual property rights thereto are the sole and exclusive property of Gordon Brothers Marketplace or its licensors. The use of any such property for any other reason, on any other website, or the modification, distribution or republication of this material without prior written permission from Gordon Brothers Marketplace is strictly prohibited.
12. TERMINATION. Without limiting any other remedies, Gordon Brothers Marketplace shall have the right to terminate your access to the Site and features to which you may have registered at any time, without notice, in Gordon Brothers Marketplace's sole discretion for any reason, including, without limitation, if we determine that you have violated the Site Usage Terms.
13. DISCLAIMER; LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND SERVICES, PROVIDED BY OR THROUGH GORDON BROTHERS MARKETPLACE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND WHETHER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GORDON BROTHERS MARKETPLACE BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, COVER, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, OR SALES, ANY LOSS OF GOODWILL OR REPUTATION, OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES, EVEN IF GORDON BROTHERS MARKETPLACE OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. GOVERNING LAW. For users contracting with Gordon Brothers Marketplace, LLC, these Site Usage Terms shall be governed by the laws of the Commonwealth of Massachusetts without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods and, if user is in the United States, the Uniform Computer Information Transactions Act, do not apply.
15. JURISDICTION AND VENUE. All claims, disputes, and other matters in question arising out of, or relating to this Agreement or the breach thereof shall be decided by the appropriate Civil District Court of Suffolk County, Massachusetts or, if applicable, the United States District Court for the District of Massachusetts. In the event of any litigation arising from breach of this Agreement, or the services provided under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorneys' fees, and all other related expenses incurred in such litigation.
16. TEXT MESSAGE COMMUNICATIONS.
17. AMENDMENT OF SITE TERMS. Gordon Brothers Marketplace may modify, add or remove any portion of the Site Usage Terms from time to time, in its sole discretion with or without notice to you, by posting such changes on the Site. Once posted such changes shall come into full force and effect. In addition to other forms of acceptance, use of the Site constitutes acceptance of these Site Usage Terms, including continued use after such changes are posted. It is your responsibility to check periodically for changes to the Site Usage Terms.
18. NOTICES. Any notice to Gordon Brothers Marketplace must be in writing and must be sent via email to info@gordonbrothersmarketplace.com and by registered mail or overnight courier to Gordon Brothers Marketplace, LLC, 101 Huntington Ave, Suite 1100, Boston, MA 02199 U.S.A. Any notice to you shall be given by email to the email address provided to you during registration as a Registered User, or as subsequently updated by you, or via posting on the Site, any of which you agree shall be sufficient notice to you. Notice shall be deemed to have been given to you twenty-four (24) hours after it has been sent or at the time the information was posted on the Site. If you change your email address, you are responsible for updating your account profile.
19. MISCELLANEOUS. If any provision of these Site Usage Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible to affect the intent of these Site Usage Terms, and the remainder of these Site Usage Terms shall continue in full force and effect. The failure by Gordon Brothers Marketplace to exercise or enforce any rights or provisions of these Site Usage Terms shall not constitute a waiver of such right or provision. All provisions in these Site Usage Terms regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Site Usage Terms. If a translation of these Site Usage Terms into any other language is required by law, the English version will prevail to the extent that there is any conflict or discrepancy in meaning between the English version and any translation thereof. If these Site Usage Terms are provided to you in a language other than English, Gordon Brothers Marketplace did so solely for your convenience. These Site Usage Terms contain the entire agreement with respect to the use of the Site, and supersede all previous communications, representations, understandings and agreements, either oral or written, between us.
Copyright Policy
Gordon Brothers Marketplace respects the intellectual property of others, and we expect our users to do the same. Gordon Brothers Marketplace may suspend and/or terminate listings and/or the accounts of users who infringe the rights of others. If you believe that your copyrights or other intellectual property rights have been infringed by postings of others through the Site, you should provide Gordon Brothers Marketplace's copyright agent with the following information:
Gordon Brothers Marketplace's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:Last Revised : November 20, 2024
This privacy notice ("Privacy Notice") is intended to describe how Gordon Brothers Marketplace, LLC ("Gordon Brothers Marketplace" or "we" or "us") collects, uses and shares your Personal Information (defined below) and applies to information we collect through the Gordon Brothers Marketplace website, located at www.gordonbrothersmarketplace.com and any affiliated websites that link to this Privacy Notice (each a "Site" and collectively the "Sites"). This Privacy Notice is part of our Site Usage Terms and Conditions, which can be accessed and reviewed at Site Usage Terms and Conditions.
This policy applies only to information we collect from the Sites. This policy DOES NOT apply to information that:
Our websites, Apps, and these other third parties, have their own privacy policies, which we encourage you to read before providing information on or through them.
When we use the term "Personal Information," we mean information that relates to an identified or identifiable individual or household.
Information We Collect
We collect information from and about you in a number of ways, including information that you provide to us directly. We also collect certain information from you automatically.
Information You Voluntarily Provide to Us. While you can generally browse our Sites without telling us who you are, our Sites offer certain features and services, including but not limited to, voluntarily creating an account, listing equipment or other goods for sale ("Goods"), bidding on equipment or goods, buying and selling equipment or goods, contacting us or interacting with us on social media (collectively with the Site, the "Service") that require you to share certain Personal Information with us or our service providers ("Providers"). We collect your contact information and other information you choose to provide us, such as feedback on our services or details of your inquiry.
Information you may provide us and our Providers when you use our Service includes:
Specific examples of the collection and processing of personal information you provide to us to which you may be subject include the following:
Information We Collect Automatically. Besides the Personal Information you provide to us, we may also automatically collect certain internet or other electronic network activity information when you use the Service. Information we and our Providers may collect automatically when you use our Service includes:
Information We Collect from Other Sources. We may obtain a limited set of Personal Information about you from third parties, as follows:
Information Collected by Cookies and Tracking Technologies: We use cookies and related technologies to provide Services, to gather information when users navigate through the Sites to enhance and personalize the experience, to understand usage patterns and to improve our Sites and Services. Some of these Cookies may be permanently placed on your device until you remove them, while others are temporary and are removed after you close your browser. This information will be in the form of a text file. We and our third-party vendors may use Cookies to tailor ads or deliver content when you are on our Sites or on other websites. Most web browsers automatically accept Cookies, but you can change your browser to prevent that by reviewing your Internet browser settings, typically under the sections "Help" or "Internet Options." If you disable or delete certain Cookies, your use of the Service may be affected.
Analytics: We use a tool called "Google Analytics" to collect information about your use of the Sites, such as how often you visit the Site, what pages you visit when you do so and what sites you used before coming to the Site. For more information on how Google Analytics collects and uses data please see "How Google uses data when you use our partners' sites or apps" (located at www.google.com/policies/privacy/partners/) or any other URL Google may provide from time to time. For more information or to opt-out please contact us at info@terrapoint.com. How We Use Your Information.
We use the information that we collect to provide and maintain the Sites, to provide the Service, to fulfill contracts, comply with legal obligations and for our other legitimate business interests. In connection with these uses, Gordon Brothers Marketplace's affiliates, external technical service providers and external service providers may also receive your information. In addition to the purposes described above, our purposes for collecting and using this information include:
Disclosure of Your Information
We may disclose your Personal Information to third parties for commercial or business purposes, including with respect to the following:
Children's Privacy
Gordon Brothers Marketplace does not knowingly collect any Personal Information (or any information at all) from any persons under 16 years old (a "Minor") except as permitted by law. You must be 16 years of age or older to use our Service. If you have reason to believe that a Minor has provided Personal Information to us, please contact us as described at the end of this Privacy Notice.
Security, Storage, and Deletion
We implement appropriate technical and organizational measures to protect your data against unauthorized access, alteration, disclosure or destruction. We keep your Personal Information for as long as is necessary in accordance with the purpose for which it was collected, our business needs, and our legal and regulatory obligations. If we dispose of your Personal Information, we will do so in a way that is secure and appropriate to nature of the Personal Information subject to disposal and in accordance with Gordon Brothers Marketplace's data retention policies, unless there are requirements to retain such information for longer periods (such as legal or audit purposes). In some cases, instead of deleting your data, we may anonymize it so that it can no longer be associated with you. Anonymized data is not considered Personal Information, and may be used for any purpose, including statistical analysis, research and other purposes that do not require the identification of individual user.
Choice and Access
Marketing.
If you prefer that we not share your data, please contact us at info@terrapoint.com or directly by mail to Gordon Brothers Marketplace, LLC, 1213 Ranch Road 620 South Suite 105 Lakeway, TX 78734, U.S.A.
Accounts.
If you register for an account on the Sites, you may review and update your account information by logging in to your account with your email address and password at https://www-dev.gordonbrothersmarketplace.com/account/signin as well as through additional links throughout the Sites.
If you are unable to correct or update any Personal Information through your Account, please contact us at info@terrapoint.com.
Tracking Technologies.
If you disable or refuse cookies or block the use of other tracking technologies, some parts of the Service may be inaccessible or not function properly.
Promotional Communications
Email. If you provide us your email address, we may email you newsletters, information about promotion, information regarding updates to the Sites or other correspondence. To opt out of promotional communications, you can unsubscribe from any emails or mailings by clicking on the "unsubscribe" hyperlink and following the instructions contained in each promotional email we send you. Please note that even if you opt out of any such promotional email list, you may continue to receive non-promotional email correspondence from Gordon Brothers Marketplace related to the Service, such as emails about orders you place or your account.
Direct Mail. To opt out of direct mail, such as catalogs, we will need your name and address, exactly as it appears on your catalog, to remove you from our mailing list. You may send us an email at info@gordonbrothersmarketplace.com or a customer service representative can get your information for you by phone at 877-772-5998.
Text Messages and Calls. You can opt-out of receiving text messages or calls to your phone number at any time by (i) for text messages, texting "STOP" in response to any text message you receive from us or contacting us as set out in the "Contact Us" section below and specifying you want to opt-out of text messages; and (ii) for calls, requesting opt-out during any call you receive from us or contacting us as set out in the "Contact Us" section below and specifying you want to opt-out of calls (iii) No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
Complaints. You have the right to lodge complaints with competent authorities regarding the processing of your personal information. We hope though that if you reach out to us first, we can resolve your complaint amicably. Please contact us at info@gordonbrothersmarketplace.com or directly by mail to Gordon Brothers Marketplace, LLC, 1213 Ranch Road 620 South Suite 105 Lakeway, TX 78734, U.S.A.
Third Party Websites
Our Sites may contain links to other websites. We are not responsible for the privacy practices or the content of such other websites. We encourage you to review the privacy notice of every website you visit.
Security
Although no system can guarantee the complete security of your information, we take all commercially reasonable steps to ensure your information is protected in alignment with all applicable laws and regulations, as appropriate to the sensitivity of your information.
Your Privacy Rights/California's Shine the Light Law
Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the preceding calendar year.
To request a copy of the information disclosure provided by Gordon Brothers Marketplace pursuant to Section 1798.83 of the California Civil Code, please contact Gordon Brothers Marketplace at Gordon Brothers Marketplace, LLC Attn.: Gordon Brothers Marketplace, LLC, 1213 Ranch Road 620 South Suite 105 Lakeway, TX 78734, U.S.A, 877-772-5998.
Nevada Privacy Notice - Sale of Personal Information
If you are a Nevada resident, you have the right to submit a request directing us not to make any sale of your Personal Information. Gordon Brothers Marketplace does not sell your Personal Information as defined under Nevada law. However, to request email confirmation that we do not sell your Personal Information, please send an email to info@gordonbrothersmarketplace.com with "Nevada Opt-Out of Sale" in the subject line and in the body of your message. We will provide the requested information to you via an email response.
Updates to our Privacy Notice
If we make any changes to this Privacy Notice, we will post a notice on the Site and revise the date at the top of this Privacy Notice. In some cases, we also may send an email to you to notify you of the changes. We encourage you to check this Site periodically for any recent changes to this Privacy Notice.
Contact Us
If you have any questions concerning this Privacy Notice, please contact our Customer Service Department at info@gordonbrothersmarketplace.com or by calling us at 877-772-5998.
Gordon Brothers Marketplace, LLC provides this Veri-Point™ Promise Policy to inform you of our policies and procedures regarding Equipment offered for sale with Veri-Point™ Promise.
Description. If indicated by a Veri-Point™ Promise icon in an Equipment listing, a general condition inspection ("Inspection") of the Equipment was performed and an Inspection Report was generated that includes ratings, comments, and photos of the various components of the Equipment. Veri-Point Inspection Reports are solely for the purpose of reporting on the visible condition of the Equipment's major systems and attachments on the day of Inspection and do not include load testing or digging/lifting. Veri-Point Inspections are NOT intended to detect latent or hidden defects or conditions that could only be found by dismantling the Equipment or use of diagnostic equipment or techniques. In no event shall Veri-Point be liable for not identifying those or any other defects. The Inspection Report is the sole property of Veri-Point and is for your personal use only and may not be displayed, published, sold, reproduced, disseminated or otherwise distributed by you without the prior written approval from Veri-Point
Veri-Point™ Promise. . Under the Veri-Point™ Promise inspection certification program, if you discover that a piece of Equipment purchased by you is not substantially in the condition as represented in the Inspection Report and you are within the Eligible Dispute Period specified below, you may contact Gordon Brothers Marketplace Customer Care and submit a written dispute ("Dispute Claim") to Gordon Brothers Marketplace. To be considered, the Dispute Claim must be (a) in writing, (b) within the Eligible Dispute Period, (c) delivered to Gordon Brothers Marketplace as specified herein, and (d) satisfy the Dispute Conditions below. A deductible in the amount of USD 750.00 will be applied to any settlement of a Dispute Claim.
Eligible Dispute Period. For a Dispute Claim to be considered, without penalty, you must review the Equipment and submit a Dispute Claim prior to the first occurrence of any of the following:
A Dispute Claim will be considered subject to a penalty (equal to 50% of the final dispute resolution value) if submitted after the first occurrence of any aforementioned period and prior to the twenty-first (21st) business day after the date of the sale. You may elect to waive any resolution and resell the item through Gordon Brothers Marketplace at the cost of the deductible (Equipment must be located in a country Gordon Brothers Marketplace is authorized to sell from and all Dispute Conditions listed below must be satisfied).
Any Dispute Claim submitted after the twenty-first (21st) business day will not be considered, with or without penalty. At the time of Export and/or Disassembly (as defined above) you forfeit your right to any unresolved Dispute Claim on the Equipment and any future Dispute Claim will not be considered with or without penalty (unless Gordon Brothers Marketplace has provided their written consent).
Dispute Conditions. Dispute Claims are subject to the following conditions:
Adjudication of Equipment and Dispute Claims. Gordon Brothers Marketplace shall be solely responsible for the review and adjudication of any Dispute Claims. All determinations made by Gordon Brothers Marketplace shall be final. In the event of a refund to Buyer relating to a Dispute Claim, Gordon Brothers Marketplace shall remit all funds in the manner in which Buyer submitted payment (i.e., wire transfer to Buyer's account or refund on Buyer's credit card).
Set forth below are the terms and conditions (the "Terms") that shall apply to the listing, sale and purchase of any equipment, goods, fixtures or other items (the "Goods") by a seller ("Seller") and buyer ("Buyer") via this online marketplace, (the "Marketplace"). Gordon Brothers Marketplace ("Gordon Brothers Marketplace") is not a traditional auctioneer but, rather, it hosts the Marketplace, which promotes Goods for sale by Sellers with prospective buyers and bidders (each, a "Bidder"). Consequently, Gordon Brothers Marketplace is not a party to the offer and acceptance process (each, a "Transaction") or to the agreements formed between Seller and Buyer to sell and purchase Goods through the Marketplace. Unless otherwise stated, "You" refers to Sellers, Bidders and Buyers, collectively.
The Site Usage Terms and Conditions are incorporated herein.
Terms and Conditions (the "Terms")
These Terms were last updated December 9, 2024.
1. Use;Purpose. Following acceptance of these Terms, Gordon Brothers Marketplace welcomes You to use the Marketplace to list, advertise, auction, sell, review listings, bid on and purchase Goods according to the rules of the platform (the "Purpose"). You may only access and use the Marketplace in a manner consistent with the Purpose. Any other use, including but not limited to copying or redistributing Goods or services on the Marketplace, interfering with the Marketplace or using the Marketplace for competitive analysis or data extraction or promoting or marketing other products or services is a material breach of these Terms. By accepting these Terms, You acknowledge and agree that all use of the Marketplace, including related communications with Marketplace representatives, may be recorded and monitored for quality assurance and compliance with these Terms.
2. Good Listings. Listings for Goods on the Marketplace may not include links to or a description of other items that Sellers may have for sale outside of the Marketplace. Sellers may not list Goods that are illegal to use or possess under any applicable law, rule or regulation. Sellers agree that Sellers shall disclose any environmental hazards, toxic waste or other type of hazardous material in any form whatsoever contained within the Goods. Gordon Brothers Marketplace reserves the right, in its sole discretion, to (a) refuse to list any Goods at any time; (b) withdraw any Goods listing from the Marketplace; (c) review and verify a listing's information and description; or (d) cancel any Transaction that it deems to be suspicious or fraudulent and report it to applicable authorities.
3. VeriPoint™ Inspection. Seller may prepare an inspection report on the visible condition of the Goods' major systems and attachments (the "Inspection Report") via the VeriPoint app. VeriPoint inspections are NOT intended to detect latent or hidden defects or conditions that could only be found in connection with the physical dismantling of the Goods or the use of diagnostic equipment or techniques. Sellers must disclose any alterations or repairs or other maintenance to the Goods following issuance or publication of the Inspection Report.
4. Bidding. Sellers shall have the option to use the Marketplace to list for sale Goods via auction and/or to sell Goods via the "Buy Now" option. In doing so, Sellers acknowledge the following:
5. Binding Offer to Purchase. You acknowledge and agree that an Accepted Offer on the Marketplace is the legal equivalent of a firm commitment and an irrevocable offer to sell such Goods. Unless a Transaction is prohibited by law or regulation or these Terms, once an Accepted Offer is established, You are obligated to complete such Transactions. "Accepted Offers" include the following:
6. Purchase Agreements. Once (a) a Bidder has (i) committed to purchase the Goods at the Buy Now price or the Reserve Price, (ii) met or exceeded the Reserve Price at the end of the Reserve Period, or (b) You accept an offer or the Bidder accepts a Seller's counteroffer, a Transaction is deemed automatically concluded ("Purchase Agreement"). All applicable terms and conditions of these Terms shall apply to the Purchase Agreement. The successful Bidder (now referred to as the Buyer) and Seller will be notified of the conclusion of the Purchase Agreement by an email or other notification that is generated automatically by the Marketplace. Upon consummation of the Purchase Agreement, Buyer shall provide all relevant shipping information by uploading the bill of lading and other requested documents by means of the Marketplace.
7. Payments. Upon consummation of a Purchase Agreement, the Marketplace will automatically generate an electronic invoice to be sent to the Buyer, along with detailed payment instructions (each, an "Invoice"). The Buyer shall provide payment in full to Gordon Brothers Marketplace, via its third-party payment provider, no later than one (1) day following conclusion of the Purchase Agreement (the "Final Payment Date"). Gordon Brothers Marketplace or its third-party provider will then remit payment to the Seller or to Seller's lender (if the Goods are encumbered), less commissions and fees due to Gordon Brothers Marketplace, within two (2) days of Gordon Brothers Marketplace's receipt of payment from Buyer.
8. Release of Goods; Risk of Loss. After receipt of payment and completion of any additional, required documents, You will be notified that the Goods are available for pick-up via an email that is generated automatically by the Marketplace ("Item Release"). Sellers shall make the Goods available for pickup at the Release Location (as defined below) no later than one (1) business day following the Item Release (the "Release Date"). You are responsible for the Goods until they are removed from the designated pickup location you provide on the Listing Form (the "Release Location"). Sellers are responsible for maintaining the Goods in the same condition as described in the listing through and including the time upon which the Goods are released to Buyer, and Sellers shall not use, rent, modify, alter or operate the Goods other than for agreed maintenance and upkeep and/or to transfer to the Release Location. You and Buyer shall coordinate pickup of the Goods, along with necessary items. You acknowledge and agree that Gordon Brothers Marketplace does not bear the risk of loss for the Goods.
9. Buyer Pick-up and Removal of Goods. Buyer shall be responsible for the safe and proper dismantling, loading, shipping, permitting (if necessary) and removal of any Goods from the Release Location no later than eight (8) business days of the Purchase Agreement (the "Final Removal Date"), after which Buyer may be responsible for payment to Seller of storage fees or costs to transport Goods to an alternate location. Title and risk of loss passes from Seller to Buyer upon the earlier of (i) full payment of Invoice and (ii) Buyer's removal of the Goods. Gordon Brothers Marketplace, its agents or representatives will not be responsible for its containment, storage or removal.
10. Transfer of Title. Immediately (but no later than two (2) days) following receipt of payment, Seller shall provide physical title to Gordon Brothers Marketplace, along with any other information (e.g., proof of lien release, bill of sale) reasonably requested by Buyer to transfer title to Buyer and to enable Buyer to register the Goods. For encumbered Goods, Seller's lender shall provide physical title to Gordon Brothers Marketplace as soon as practicable (but no later than twenty-one (21) days) after Seller's lender receives payment from Gordon Brothers Marketplace.
11. Seller Options after Buyer Default. Gordon Brothers Marketplace shall not be held liable for any default by the Buyer. In the event a Buyer defaults on its obligations under a Purchase Agreement, Seller shall notify such Buyer and Gordon Brothers Marketplace of such default and provide Buyer with five (5) days to cure such default. If Buyer does not cure such default, Sellers may at its own risk and account rescind the Purchase Agreement with Buyer. If there was more than one bidder for the defaulted Goods, Seller may elect to offer the Goods to the second highest bidder. If the second highest bidder accepts, a Purchase Agreement will be concluded by the Marketplace in accordance with these Terms, and Seller will receive proceeds based on that second bidder's highest bid, less any applicable commissions and fees payable to Gordon Brothers Marketplace.
12. Postponement and Cancellation. Gordon Brothers Marketplace reserves the right to withdraw, postpone or cancel any listing, or any sale that results from a listing, in its own discretion, with or without notice. Gordon Brothers Marketplace shall have no liability to You or any third party because of any withdrawal, postponement or cancellation.
13. Payment Authorization. Bidder acknowledges and agrees that Gordon Brothers Marketplace, through its third-party payment processor, reserves the right, in its sole discretion, to request a "Zero Dollar Value" authorization check on your credit card as part of verifying Bidder's identity. Bidder will be asked to provide customary billing information such as name, billing address, credit card information, or routing and account numbers for payments by electronic funds transfer either to Gordon Brothers Marketplace or its third-party payment processor(s). Bidder agrees to pay Gordon Brothers Marketplace for any purchases made in connection with the Marketplace in accordance with Section 8 of these Terms. If Bidder is directed to Gordon Brothers Marketplace's third-party payment processor(s), Bidder may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices.
14. No Agency. Gordon Brothers Marketplace offers You the use of the Marketplace, which functions as a platform on which You can list, advertise and purchase Goods for sale. Gordon Brothers Marketplace is not a party to the subsequent Purchase Agreement that is entered into between You. Gordon Brothers Marketplace does not represent You in the negotiation of any Purchase Agreement. Gordon Brothers Marketplace is not acting as an employee, agent, representative, broker, dealer or salesperson on Your behalf. It has no control over and does not guarantee the existence, quality, safety or legality of items advertised, the truth or accuracy of content or listings; a Seller's ability to sell items, the ability of Buyers to pay for items, or that a Buyer or Seller will complete a Transaction. You are using the Marketplace on your own behalf and are responsible for any actions that may be taken with respect to transactions that You enter into.
15. No Guarantee on Proceeds; No Shill Bidding. There is no guarantee as to the gross proceeds that may be realized from a listing on the Marketplace. Sellers may not manipulate the bidding in any way, including bidding on your own Goods, to artificially raise the final sales price. In the event of price manipulation, Gordon Brothers Marketplace will have the option to act against You, including but not limited to (a) ban You from future use of the Marketplace or (b) cancel any active Transaction(s).
16. Taxes. You shall be responsible for the determination and payment of any tax or duty arising in connection with the Goods. You acknowledge and undertake to make yourself aware of and comply with all laws that may be applicable to your access and use of the Marketplace and entering into a transaction on the Marketplace. Gordon Brothers Marketplace disclaims all liability in respect of your use of the Marketplace and your sale of any Goods resulting in any taxes (whether direct, indirect, local or federal), fines or penalties being levied on You. For the avoidance of doubt, it is your responsibility to satisfy yourself of any charges, taxes (whether direct, indirect, local or federal) or related obligations becoming applicable in respect of the transactions that You enter into on the Marketplace. You shall indemnify Gordon Brothers Marketplace and the Indemnified Parties against any tax, cost or expense arising from your failure to satisfy any laws or regulations in relation to a transaction.
17. Seller Conduct. Any deliberate attempt to artificially influence the sales price, directly or indirectly, by any Seller is prohibited, including bidding through a secondary account, agent or representative on Goods that Seller may be selling, or shill bidding. Each Seller agrees that it shall not:
18. Disclosure of Liens. Sellers agree that Sellers shall provide full disclosure to Gordon Brothers Marketplace and to potential Buyers of all liens, adverse claims and other title encumbrances and third-party interests that may exist on or pertain to the Goods. Sellers will at Sellers' own cost and expense warrant and defend title to the Goods on behalf of the Buyer, its successors and assigns, against the claims and demands of all persons. If Sellers' net proceeds from the sale of Goods listed on the Marketplace are insufficient to discharge creditor claims on the Goods, Sellers are fully responsible for paying the outstanding debt balance immediately upon demand by Gordon Brothers Marketplace.
19. Government Liens. If any government body, including but not limited to tax administrations, the U.S. Small Business Administration or any other governmental entity, holds a lien or encumbrance on the Goods, then Sellers shall be responsible for the payment of any independent equipment appraisals and documentation fees required to release such liens. You acknowledge and agree, and hereby authorize, that Gordon Brothers Marketplace may, in its discretion, pay for such appraisals and documentation fees and deduct the amount from the proceeds due to Sellers. If the net proceeds due to Sellers are insufficient to pay the fees, Sellers agree to promptly pay Gordon Brothers Marketplace upon receipt of an Invoice.
20. Intellectual Property. Gordon Brothers Marketplace owns all rights, title and interests in and to all data that is generated by the Marketplace, including, without limitation, data that is generated during a listing. You agree that it will not use, copy or otherwise take any action with respect to the Marketplace except as expressly permitted by these Terms. You agree that you will also acknowledge and respect the intellectual property rights of others when using the Marketplace. In connection with your use of the Marketplace, You agree that Gordon Brothers Marketplace may use your name, trademark, logos, service marks and other designations ("Marks") to list You as a reference customer and to advertise, promote and market the Goods. You also agree that Gordon Brothers Marketplace may use data, specifications, information, videos, audio recordings and photographs of Goods that You upload to the Marketplace or which are provided on Your behalf to support the Listing Details. You hereby grant to Gordon Brothers Marketplace and represent and warrant that You have a right to grant, a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, publicly display and perform, reproduce, and distribute the Marks, solely as permitted in this Agreement, including distributing e-mails to potential buyers that incorporate Marks. You further acknowledge that we will collect information and data that You provide us or that is collected through our site. You hereby grant Gordon Brothers Marketplace a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, host, aggregate, anonymize, reproduce, store, exploit, modify, adapt, edit, redistribute, access, copy, share, disclose, generate analytics and reports, publish, transmit, publicly display, process, create or prepare derivative works from, make available to third party and alter the content You post on the Marketplace in any manner, mode of delivery or media now known or future developed. Gordon Brothers Marketplace takes no responsibility and assumes no liability for any of your user content. To the fullest extent permitted under applicable law, You waive your right to enforce your intellectual property rights, including any moral rights, against Gordon Brothers Marketplace or any of its affiliates in connection with the provision, expansion or promotion of our services.
21. Representations and Warranties. You represent and warrant that (i) the Goods and Sellers' use of the Marketplace shall follow all applicable laws, including country, regional, state and local regulations regarding emissions, safety or any other regulations as required by law (ii) no Goods shall be fraudulent, stolen or counterfeit, and Sellers will not provide false, deceptive, fictitious or misleading information about yourself or the Goods, (iii) You are duly authorized to enter into this Agreement, (iv) You are solvent and have not made any assignment, proposal or other proceeding for the benefit of your creditors and(v) Sellers own all right, title and interest in and to the Goods, and the Goods are free and clear of all liens or other encumbrances, except as otherwise disclosed by Sellers in the Marketplace, and (g) Your use of the Marketplace shall be in compliance with all applicable law.
22. Regulatory. Titled items must have a legible Vehicle Identification Number (VIN) or other unalterable identification as required by applicable law. You will disclose to Gordon Brothers Marketplace all modifications or omissions to the aforementioned country, regional, state and local regulations including whether the item has been salvaged, reconstructed, or damaged in a flood.
23. California Diesel Vehicle Regulation. The following disclosure applies to self-propelled, diesel-fueled vehicles twenty-five (25) horsepower and greater: "An on-road heavy-duty diesel or alternative-diesel vehicle operated in California may be subject to the California Air Resources Board Regulation to Reduce Particulate Matter and Criteria Pollutant Emissions from In-Use Heavy-Duty Diesel Vehicles. It, therefore, could be subject to exhaust retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, please visit the California Air Resources Board website at http://www.arb.ca.gov/dieseltruck. When operated in California, any off-road diesel vehicle may be subject to the California Air Resources Board In-Use Off-Road Diesel Vehicle Regulation. It, therefore, could be subject to retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, please visit the California Air Resources Board website at http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm.
24. Title. If for any reason there is a final determination made by Gordon Brothers Marketplace that Seller is unable to deliver clear title or Buyer is unable to remove any Goods purchased, Gordon Brothers Marketplace's sole liability shall be to return all sums paid by Buyer to Gordon Brothers Marketplace in respect of such Goods. Seller hereby agrees that under all possible circumstances, Gordon Brothers Marketplace's maximum liability in all Transactions is hereby limited to refunding the purchase price actually received by Gordon Brothers Marketplace for the applicable Transaction.
25. Currency. Purchases in the United States are payable in U.S. funds.
26. Claim Pre-requisites. As a prerequisite to asserting any claims against Gordon Brothers Marketplace, You must set forth those claims in writing in sufficient detail to advise as to the particulars of such claim and deliver it by Certified Mail, Return Receipt Requested, to Gordon Brothers Marketplace within thirty (30) days of the conclusion of the auction at its address at 101 Huntington Avenue, Suite 1100, Boston, MA 02199. Any dispute of any nature whatsoever asserted against Gordon Brothers Marketplace shall be instituted within one (1) year of the assertion of its written claimPrivacy. Gordon Brothers Marketplace's Privacy Statement, located at /terms?section=privacyPolicy is hereby incorporated by reference.
Last Updated: May 12, 2025
1. INTRODUCTION. These Subscription Terms and Conditions ("Subscription Terms") govern your subscription to Gordon Brothers Marketplace's ("Gordon Brothers Marketplace," "we," "us," or "our") subscription services. By clicking "I Agree" or similar button, or by accessing or using the subscription services, you acknowledge that you have read, understood, and agree to be bound by these Subscription Terms.
2. DEFINITIONS.
means (i) access to advanced data features, (ii) use of the Veripoint App and (iii) other subscription service offerings.
"Subscription" means your paid access to the Services under these Subscription Terms.
"Site Usage Terms" means Gordon Brothers Marketplace's site usage terms and conditions, available on the platform.
3. ELIGIBILITY. The Subscription is available only to individuals and entities located in the United States. By subscribing to the Services, you represent and warrant that you are located in the United States and have the legal capacity to enter into these Subscription Terms as outlined in Section 1 of the Site Usage Terms.
4. SUBSCRIPTION TERM AND PAYMENT.
5. SERVICES.
6. MARKETING AND ADVERTISING BENEFIT. As a benefit of your Subscription, forty percent (40%) of your subscription charges will be applied to a marketing and advertising pool, which will bolster lead generation you will already receive as a dealer on the marketplace. Gordon Brothers Marketplace reserves the right to determine how these marketing and advertising funds are allocated to maximize lead generation effectiveness.
7. INCORPORATION OF SITE USAGE TERMS.
8. PRIVACY POLICY. Your use of the Services is subject to Gordon Brothers Marketplace's Privacy Policy, available at https://www-dev.gordonbrothersmarketplace.com/terms?section=privacyPolicy, which is incorporated herein by reference.
9. TERMINATION.
10. DISCLAIMER AND LIMITATION OF LIABILITY. The disclaimer and limitation of liability provisions in Section 13 of the Site Usage Terms apply fully to these Subscription Terms and your use of the Services.
11. GOVERNING LAW AND JURISDICTION. These Subscription Terms shall be governed by the laws of the Commonwealth of Massachusetts without regard to conflict of laws principles, as outlined in Section 14 of the Site Usage Terms. All claims, disputes, and other matters arising out of these Subscription Terms shall be decided by the appropriate Civil District Court of Suffolk County, Massachusetts or, if applicable, the United States District Court for the District of Massachusetts, as outlined in Section 15 of the Site Usage Terms.
12. MISCELLANEOUS.
BY CLICKING "I AGREE" OR SIMILAR BUTTON, OR BY ACCESSING OR USING THE SUBSCRIPTION SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE SUBSCRIPTION TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS.