Effective Date: July 1, 2026 Last Updated: July 1, 2026
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN AN ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER (SECTION 17) THAT AFFECT YOUR LEGAL RIGHTS. THEY ALSO PROVIDE THAT EVERY BID YOU PLACE IS A BINDING, IRREVOCABLE OFFER TO PURCHASE; THAT YOUR SAVED PAYMENT METHOD IS CHARGED AUTOMATICALLY WHEN YOU WIN (SECTIONS 5 AND 7); AND THAT PICKUP ITEMS NOT COLLECTED BY THE PICKUP DEADLINE SHOWN IN THE APP ARE FORFEITED WITHOUT REFUND (SECTION 8.3).
These Terms of Service (these "Terms") are a legally binding agreement between you ("you," "your," or "User") and OVA Stock LLC, an Ohio limited liability company with its principal place of business at 210 Hayes Dr, Suite C, Brooklyn Heights, Ohio 44131 ("OVA Stock," "we," "us," or "our"), governing your access to and use of the OVA Auctions platform, consisting of the OVA Auctions mobile applications for iOS and Android, any web-based version of the OVA Auctions service we may offer, and all related services, features, tools, and content (collectively, the "Platform"). OVA Stock's corporate website at ovastock.com provides company information and hosts current copies of these Terms and the Privacy Policy; browsing that website does not by itself create a Bidder Account, but these Terms govern any interactive features offered through it.
By creating an account, clicking to accept these Terms, placing a bid, or otherwise accessing or using the Platform, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not access or use the Platform.
1. THE PLATFORM AND HOW IT WORKS
1.1 First-Party Auctions Only. OVA Stock acquires liquidation inventory, overstock, shelf pulls, customer returns, open-box merchandise, and other goods using its own funds, and offers that inventory for sale through timed online auctions on the Platform. OVA Stock is the owner and seller of every item auctioned on the Platform. The Platform is not a marketplace: third parties may not list, consign, or sell items through the Platform, and no auction on the Platform is conducted on behalf of any third-party owner.
1.2 Contract of Sale. When you are the winning bidder in an auction, a binding contract of sale is formed directly between you and OVA Stock LLC on the terms set out in these Terms and the applicable auction listing (the "Listing").
1.3 Definitions. As used in these Terms: "Bid" means an offer to purchase an Item at a stated price submitted through the Platform, including each incremental bid placed by the proxy bidding system on your instruction; "Winning Bid" means the highest conforming Bid at the close of an auction that meets or exceeds any Reserve Price; "Reserve Price" means a confidential minimum price below which an Item will not be sold, where indicated in a Listing; "Buyer's Premium" means the fee described in Section 7.1(b); "Invoice" means the statement of amounts due issued to a winning bidder; "Item" means any good offered for auction on the Platform; and the "Official Support Address" means contact@ovastock.com, OVA Stock's sole official email address for support requests and customer correspondence.
2. ELIGIBILITY AND ACCOUNTS
2.1 Eligibility. To register an account or place a Bid, you must: (a) be at least eighteen (18) years of age and have reached the age of majority in your state of residence; (b) have the legal capacity to enter binding contracts; (c) be located in, and provide a shipping or pickup arrangement within, the United States (the Platform is offered in the United States only); (d) not be barred from using the Platform under applicable law; (e) not be subject to sanctions administered by the U.S. Office of Foreign Assets Control ("OFAC") or listed on any U.S. government restricted-party list; and (f) not have been previously suspended or removed from the Platform.
2.2 Registration; Accurate Information. You must provide accurate, current, and complete information during registration and keep it updated, including your legal name, email address, mobile telephone number, and billing and shipping addresses. You must verify your email address and mobile telephone number to activate bidding. Providing false, incomplete, or misleading information is grounds for immediate suspension or termination and voiding of pending transactions.
2.3 One Account Per Person; Business Accounts. You may register and maintain only one (1) account. You may not create an account for another person, register using another person's identity or payment method without authorization, or create additional accounts to evade limits, holds, suspensions, or bans. Businesses may register a business account through an authorized representative, who represents that they have authority to bind the business; business accounts claiming tax exemption must comply with Section 7.5.
2.4 Account Security. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account, whether or not authorized by you, until you notify us of unauthorized use at the Official Support Address. You must not share, sell, or transfer your account. We are not liable for losses arising from unauthorized use of your account resulting from your failure to safeguard credentials.
2.5 Payment Method Required; Verification. A valid payment method must be on file before you may place any Bid. We may, at any time and in our reasonable discretion: (a) require identity verification, including a government-issued photo identification or proof of address; (b) verify payment methods, including by placing temporary pre-authorization holds where we identify fraud or credit risk; and (c) require additional documentation before permitting registration, bidding, releasing Items, or continuing account access. Failure to complete requested verification within the time we specify may result in Bid cancellation, account holds, suspension, or termination.
2.6 New Bidder Limits. Until you establish a history of successful purchases and payments, we may limit the number or dollar value of your active Bids, restrict access to certain auctions, or apply enhanced verification. Limits are applied programmatically and adjusted in our discretion.
2.7 Inactive Accounts. We may close accounts that have had no login, Bid, or purchase activity for three (3) years, after providing reasonable advance notice to your account email. Closure of an inactive account does not extinguish amounts you owe or our records under Section 15.3.
2.8 Suspension; Termination; Holds. We may suspend, restrict, place temporary holds on, or terminate your account, cancel your Bids, and/or refuse service, with or without notice, if we reasonably believe that: (a) you have violated these Terms or any Platform policy; (b) your account presents fraud, credit, chargeback, security, or legal risk; (c) you have engaged in prohibited bidding conduct (Section 6); (d) you have failed to pay amounts when due; (e) verification cannot be completed; or (f) suspension or termination is required by law. You may close your account at any time in the app, through account settings, or by contacting us; closure does not relieve you of payment or other obligations already incurred. Sections that by their nature should survive termination (including Sections 5, 7–12, and 14–18) survive.
3. AUCTION FORMAT AND CONDUCT OF SALES
3.1 Timed Online Auctions; Reserve Status Disclosed Per Listing. Auctions on the Platform are timed online auctions. Each Listing will indicate whether the auction is conducted with reserve or without reserve ("absolute"). Unless a Listing expressly states that an Item is sold without reserve, the auction is conducted WITH RESERVE, meaning OVA Stock may establish a confidential Reserve Price, may decline to sell an Item that does not meet its Reserve Price, and may withdraw the Item at any time before completion of the sale, consistent with Uniform Commercial Code § 2-328 as adopted in Ohio (Ohio Rev. Code § 1302.41) and Florida (Fla. Stat. § 672.328). In an auction without reserve, the Item will be sold to the highest conforming bidder and may not be withdrawn after a Bid is received, except as permitted by law.
3.2 Bid Increments. Bids must conform to the Platform's dynamic increment schedule in effect when the auction opens, which unless otherwise stated in a Listing is:
| Current high bid | Minimum increment | |---|---| | $0.00 – $49.99 | $1.00 | | $50.00 – $99.99 | $2.00 | | $100.00 – $499.99 | $5.00 | | $500.00 – $999.99 | $10.00 | | $1,000.00 and above | $25.00 |
Nonconforming Bids may be rejected or adjusted to the nearest conforming amount per posted rules.
3.3 Soft Close / Automatic Extension. To deter last-second "sniping" and preserve competitive fairness, every auction uses a soft close: if any Bid is received during the final two (2) minutes of an auction, the closing time for that Item automatically extends by two (2) additional minutes, and continues to extend — with no limit on the number of extensions — until two full minutes pass without a Bid. OVA Stock's server clock is the official timekeeper for every auction; opening times, closing times, extensions, and bid timestamps are determined exclusively by the Platform's servers, and the time displayed on your device is not authoritative. The Platform's recorded closing time is conclusive.
3.4 Proxy (Maximum) Bidding. You may enter a confidential maximum bid, and the Platform will bid automatically on your behalf in the minimum increments necessary to maintain your position as high bidder, up to your maximum. Entering a maximum bid is a binding commitment to pay up to that amount, plus the Buyer's Premium, Transaction Fee, taxes, and shipping, if you win.
3.5 Tie Bids. If two Bids of the same amount are received, the Bid recorded first by the Platform's servers prevails. The Platform's timestamped bid log is the sole and conclusive record of bid order and amounts.
3.6 Bid Removal by OVA Stock. Users may not retract Bids (Section 5.1). OVA Stock may remove or void a Bid only where it reasonably determines that the Bid resulted from: (a) an obvious technical error; (b) a duplicate system submission; or (c) fraudulent activity or other conduct prohibited by Section 6. Where a high Bid is removed, the next highest conforming Bid becomes the leading Bid, and affected bidders will be notified where practicable.
3.7 Withdrawal, Cancellation, and Administrative Corrections. In addition to its rights under Section 3.1, OVA Stock may, in its discretion and at any time: (a) cancel, postpone, or reschedule any auction in whole or in part; (b) withdraw any Item, including after bidding has begun (except in auctions without reserve after a Bid is received, per UCC § 2-328); (c) correct clerical, typographical, pricing, quantity, image, or description errors in a Listing, including by voiding affected Bids and, where the correction is material, restarting or extending the auction; (d) reopen bidding where a Bid was received at or near closing but not processed due to technical conditions, or where a bona fide dispute exists as to the final Bid; (e) group, regroup, or relot Items before bidding opens; and (f) cancel any sale affected by an inventory discrepancy — including where the quantity of units actually on hand is less than the quantity listed (for example, a Listing states five units and four exist), or where the Item on hand is not the Item described — in which case affected sales are cancelled in reverse order of winning-Bid receipt or on another reasonable basis we determine; and (g) cancel any sale where the Item is lost, stolen, damaged, or destroyed after the auction closes but before shipment or pickup, as further provided in Section 8.7. Where an auction or sale is cancelled or voided under this Section, your sole remedy is the release of your Bid obligation and a refund of any amounts paid for the affected Item.
3.8 Technical Interruptions. The Platform may experience downtime, latency, congestion (including high traffic near auction close), errors, or interruptions. OVA Stock does not guarantee continuous or error-free operation and is not responsible for missed Bids, failed Bid transmission, connectivity failures, device malfunctions, or delays, whether caused by the Platform, third-party infrastructure, or your equipment. If a material technical failure of the Platform occurs during the closing period of an auction, OVA Stock may, in its discretion, extend, suspend, void, reopen, or re-run the affected auction, and such decision is final, subject to Section 17.
3.9 No Third-Party Consignment; No Agency. Because OVA Stock sells only its own inventory, it does not act as an auctioneer, auction firm, broker, or agent selling goods on behalf of others, and nothing in these Terms creates any agency, brokerage, or consignment relationship between OVA Stock and any User.
4. ITEMS, CONDITION, AND DESCRIPTIONS
4.1 Nature of Inventory. Items offered on the Platform may include liquidation inventory, overstock, shelf pulls, customer returns, open-box merchandise, display models, used goods, salvage goods, damaged goods, and new goods. Unless a Listing expressly states otherwise, you should assume an Item is not new and may exhibit cosmetic wear, missing manuals or accessories, damaged, opened, repackaged, or non-original packaging, retailer labels or markings, manufacturer packaging variations, or signs of prior handling or use.
4.2 Condition Grades. Each Listing states a condition grade drawn from the OVA Auctions Condition Grading Scale set out in Exhibit A, which is incorporated into these Terms and into every Listing that uses it. Condition grades are good-faith assessments based on visual inspection and, except where a Listing expressly states that functional testing was performed, are not a warranty of function, completeness, or fitness.
4.3 Electronics and Testing. Electronics and other functional goods are tested only where the Listing expressly states that testing was performed and describes the result (e.g., "tested — powers on"). Absent such a statement, Items are sold according to their stated condition grade without any representation as to functionality, and Items graded "Untested," "For Parts," or "Salvage" carry no representation of functionality whatsoever.
4.4 Buyer's Duty to Review. Before bidding, you are solely responsible for carefully reviewing the entire Listing, including all photographs, written descriptions, the condition grade and condition notes, lists of included accessories, dimensions, and quantity information, and for asking questions through Platform channels before the auction closes. Photographs are part of the Item description; anything visible in the photographs is deemed disclosed. Stock or manufacturer images, where used and identified, depict the general product model rather than the specific unit offered.
4.5 No Reliance on Extraneous Statements. Only the Listing content published on the Platform and official written communications from OVA Stock form part of the Item description. Manufacturer specifications, third-party reviews, and retail pricing references are informational only. Any "MSRP," "retail," or "comparable price" figures shown are reference estimates, are not a representation of value or savings, and are not the basis of the bargain.
4.6 Prohibited Inventory. OVA Stock does not knowingly offer for sale: (a) products subject to a recall by the U.S. Consumer Product Safety Commission or other regulator; (b) counterfeit or infringing goods; (c) goods that are illegal to sell; or (d) hazardous materials requiring a license to sell or ship that OVA Stock does not hold. If you believe a Listing involves such an Item, notify us at the Official Support Address, and if a purchased Item is later identified as recalled or counterfeit, we will cancel the sale and refund the Total Purchase Price upon return of the Item.
4.7 Preview. Where in-person preview is offered, the preview times and location will be stated in the Listing. Failure to inspect does not excuse performance of a Winning Bid.
5. BIDDING; BINDING OFFERS
5.1 Each Bid Is a Binding, Irrevocable Offer. Each Bid you place is a firm, irrevocable offer to purchase the Item at the Bid amount, plus the Buyer's Premium, Transaction Fee, taxes, and shipping (if selected), on the terms of these Terms and the Listing. Bids may not be retracted, reduced, or cancelled by the bidder for any reason, including entry error or buyer's remorse, except where retraction is required by applicable law. If you believe your Bid resulted from an obvious technical error or duplicate submission, contact us immediately at the Official Support Address before the auction closes; removal is governed solely by Section 3.6 and is in OVA Stock's discretion.
5.2 Acceptance; Winning Bid. A contract of sale is formed when the Platform records the close of the auction and identifies your Bid as the Winning Bid meeting any Reserve Price (or when OVA Stock otherwise accepts your Bid). You will receive a winning-bid notice and Invoice; failure to receive the notice does not relieve you of your obligations, and you are responsible for monitoring auctions on which you bid.
5.3 Non-Performance by Winning Bidder. If you fail to pay for or take delivery of a won Item as required, OVA Stock may, in its sole discretion and in addition to its other remedies at law or in equity: (a) cancel the sale and relist or resell the Item; (b) recover the difference between your Total Purchase Price and any lower resale price, together with resale costs; (c) retain any amounts paid as an offset against damages; (d) issue a warning, temporarily suspend, or permanently ban your account and restrict future bidding; and (e) refer the balance for collection as described in Section 7.8.
6. PROHIBITED BIDDING CONDUCT AND AUCTION INTEGRITY
6.1 OVA Stock Does Not Bid. OVA Stock never bids on its own auctions. No owner, member, manager, or employee of OVA Stock, and no person acting on behalf of any of them, places Bids on the Platform, whether to reach a Reserve Price or otherwise. Reserve Prices are enforced solely by the Platform's stated reserve mechanism, never by seller-side bidding.
6.2 Insider Bidding Prohibited. The following persons may not register, bid, or purchase on the Platform, directly or through any intermediary: current employees, owners, members, managers, and contractors of OVA Stock; former employees and contractors for a period of twelve (12) months after separation (or such other period as stated in OVA Stock's internal policies, if longer); members of the immediate family or household of any of the foregoing; and any person bidding on behalf of, or in coordination with, any of the foregoing. Sales made in violation of this Section are voidable by OVA Stock.
6.3 Prohibited User Conduct. You must not, directly or indirectly:
(a) engage in shill bidding — bidding on any Item for the purpose of artificially raising its price, or arranging for another person to do so; (b) manipulate bidding, including bid shielding, coordinated bidding, or entering Bids you do not intend to honor; (c) collude with other bidders to suppress prices, allocate Items, or refrain from bidding ("bid rigging"), which may also violate federal and state antitrust laws; (d) use bots, scripts, macros, sniping services, or other automated bidding software or tools not provided by the Platform; (e) access the Platform through automated means, scrape Listings or bid data, or harvest information about Items, prices, or Users; (f) interfere with or circumvent Platform security, rate limits, bidding controls, new-bidder limits, geographic restrictions, or fraud-prevention measures; (g) exploit bugs, errors, or unintended behavior of the Platform, or fail to promptly report material bugs you discover; (h) place Bids using stolen, unauthorized, or fraudulent payment methods or identities; or (i) engage in any other fraudulent, deceptive, or unlawful conduct in connection with any auction.
6.4 Enforcement. We monitor bidding activity, maintain audit logs, and use automated and manual review to detect prohibited conduct. We may investigate suspected violations; place holds on accounts, Bids, Items, or refunds during an investigation; cancel Bids or void sales connected to prohibited conduct; delay shipment or pickup release of any Item while a fraud, payment, or verification review is pending; require additional verification; issue warnings; suspend or permanently ban Users; and report conduct to Stripe, payment networks, law enforcement, and other authorities. Determinations under this Section are made in our reasonable discretion and are final, subject to Section 17.
7. PRICES, PAYMENT, AND FEES
7.1 Amounts Due. The total amount due for a won Item (the "Total Purchase Price") consists of:
(a) the Winning Bid amount; (b) a Buyer's Premium of fifteen percent (15%) of the Winning Bid amount; (c) a Transaction Fee of two dollars ($2.00) per Item won; (d) applicable sales or use tax (Section 7.5), calculated on the amounts taxable under applicable law; and (e) shipping, handling, and packaging charges, if you select shipping, as calculated at checkout or stated in the Listing.
The Buyer's Premium, Transaction Fee, and estimated shipping are disclosed before you bid.
7.2 Accepted Payment Methods. Payments are processed by Stripe. We currently accept major credit and debit cards only. We may add or discontinue payment methods at any time. Your use of Stripe's payment services is also subject to Stripe's applicable terms.
7.3 Automatic Charging; Authorization. By saving a payment method and placing a Bid, you represent that you are authorized to use that payment method, and you expressly authorize OVA Stock, through Stripe, to automatically charge your saved payment method for the full Total Purchase Price of each Item you win, immediately upon or promptly after the close of the auction, and to charge any other amounts you owe under these Terms as they accrue. If you have more than one payment method on file, we may attempt to charge them in any order until payment is completed. We may place a temporary pre-authorization hold to verify a payment method where we identify fraud or credit risk. This authorization remains in effect until you close your account and all amounts owed have been paid.
7.4 Failed Payments; 24-Hour Cure Period. If the automatic charge fails, we will notify you, and you must provide a valid payment method and complete payment within twenty-four (24) hours of the failed charge. If payment is not completed within that period, OVA Stock may, in its sole discretion: cancel the sale and relist the Item; suspend or permanently ban your account; recover its losses as described in Section 5.3; and pursue collection under Section 7.8. Items are not shipped or released for pickup until payment has cleared and any required verification is complete.
7.5 Sales Tax; Exemptions. OVA Stock collects and remits sales and use tax where required, including Ohio sales tax and, upon commencement of Florida operations, Florida sales tax, based on the Item, the delivery or pickup location, and applicable law. Buyers claiming a resale or other exemption must submit a valid, fully completed exemption certificate (e.g., an Ohio unit or blanket exemption certificate or a Florida Annual Resale Certificate) and have it approved on their account before the auction closes; we may decline exemptions that cannot be validated. You are responsible for any use tax owed on Items delivered to jurisdictions where we do not collect.
7.6 Pricing and Fee Errors. If a Listing, Invoice, or the Platform contains a pricing, fee, tax, or calculation error, OVA Stock may correct the error and, if you do not agree to the corrected amount, cancel the affected sale and refund amounts paid.
7.7 Chargebacks. You agree to contact us to resolve billing disputes before initiating a chargeback. If you initiate a chargeback that is resolved in our favor, or that we reasonably determine to be unfounded or abusive, we may recover the disputed amount, chargeback fees imposed on us, and reasonable administrative costs; suspend or terminate your account; and withhold Items or refunds pending resolution. If any payment is reversed, charged back, or otherwise clawed back by a payment processor, card network, or financial institution after an Item has been shipped or picked up, the full Total Purchase Price remains immediately due, and OVA Stock reserves every remedy available under these Terms, at law, or in equity, including demanding immediate payment of the reversed amount, demanding return of the Item in the condition received at your expense, recovering the reversed amount plus chargeback fees and costs under Section 7.8, suspending or terminating your account, pursuing civil action, and referring the matter to law enforcement where fraud is suspected. Retaining an Item without completed payment is a material breach of these Terms. Nothing in this Section limits your rights under the Fair Credit Billing Act or other applicable law.
7.8 Collection Costs. OVA Stock does not charge late fees or interest on overdue Invoices. However, to the extent permitted by applicable law, you agree to pay our reasonable costs of collecting amounts you owe under these Terms, including collection agency fees, reasonable internal administrative costs, court costs, and reasonable attorneys' fees where an applicable statute, rule, or court order permits their recovery.
7.9 Promotional and Store Credits. OVA Stock may, in its discretion, issue account credits, including promotional credits (issued as an incentive, promotion, or goodwill gesture, without payment from you) and store credits (issued as consideration for a refund or claim resolution where you accept credit in lieu of a refund to your original payment method). Unless the credit's issuance terms state otherwise: (a) credits are applied automatically to your next Invoice(s) before your payment method is charged; (b) credits are non-transferable and may not be sold, bartered, or transferred between users, may be used only on the Platform, and have no cash value and are not redeemable for cash, except where redemption is required by applicable law; (c) promotional credits may carry an expiration date and conditions stated when issued, and expire on that date; (d) store credits issued in lieu of a refund do not expire except as permitted by applicable law, and you may instead request a refund to your original payment method at any time before the credit is used; (e) credits are not gift cards, are not sold for money, and no fees are charged against them; (f) credits may not be combined with other credits or offers where the terms of a specific promotion so state; and (g) we may revoke credits that were issued in error or obtained through fraud, abuse, or violation of these Terms, and unused revocable credits terminate when your account is closed for cause. Credits do not accrue interest.
8. PICKUP, SHIPPING, TITLE, AND RISK OF LOSS
8.1 Fulfillment Options. Each Listing states whether an Item is available for shipping, local pickup, or both. Shipping is available within the United States only; we do not ship internationally. Oversized or freight Items may be designated pickup-only, and any freight arrangements are the buyer's responsibility unless the Listing states otherwise.
8.2 Local Pickup; Deadline. Pickup is available at OVA Stock's warehouse at 210 Hayes Dr, Suite C, Brooklyn Heights, Ohio 44131 (and at any additional locations we announce, including our planned Florida facility), during the hours stated in the Listing or your Invoice. You (or your authorized representative presenting a copy of the Invoice and government-issued identification) must complete pickup by the pickup deadline displayed in the app and on your Invoice for the Item, which unless otherwise stated is three (3) calendar days after payment (the "Pickup Window"). The pickup deadline is displayed before you bid or, at the latest, on your Invoice. We may refuse to release an Item to any person we reasonably believe is not you or your authorized representative, and such refusal does not extend the Pickup Window where you remain able to complete pickup within it. You are responsible for adequate labor, tools, vehicles, and materials to load and transport Items; any loading assistance by OVA Stock staff is a courtesy provided at your sole risk.
8.3 Failure to Pick Up; Forfeiture. Time is of the essence for pickup. We do not charge storage fees for Items collected within the Pickup Window, and we do not offer paid storage beyond it. If you fail to complete pickup of an Item by the close of the Pickup Window, the Item expires and is forfeited to the fullest extent permitted by law: your right to the Item terminates, ownership of the Item reverts to OVA Stock, no refund of the Total Purchase Price will be issued, and we may relist, resell, donate, or dispose of the Item without further notice or accounting to you. Before forfeiture takes effect, you will have received conspicuous notice of the deadline through each of the following: (a) the pickup deadline displayed in the Listing before you bid; (b) a confirmation screen displaying the pickup deadline when you win; (c) the pickup deadline stated on your Invoice; (d) a countdown timer displayed in the app for each Item awaiting pickup; and (e) at least one reminder sent to your account email and, where enabled, by push notification before the deadline. We may, in our sole discretion and without obligation, grant a short pickup extension on request made before the deadline; any extension is effective only if confirmed in writing (email or in-app confirmation suffices). By placing a Bid on any Item offered for pickup, you expressly acknowledge and agree to this forfeiture policy. This Section does not limit any non-waivable rights or notice obligations imposed by applicable law.
8.4 Shipping; Address Accuracy. All shipping is fulfilled by OVA Stock using carriers we select, at the charges calculated at checkout or invoiced. We may split a single order into multiple shipments or combine multiple Items or Invoices into a single shipment, in our discretion, at no additional shipping charge beyond the amounts disclosed at checkout or on your Invoice. We ship only to the confirmed shipping address on your Invoice. You are solely responsible for the accuracy of your shipping address; we are not responsible for Items shipped to an address you provided incorrectly or failed to update, and reshipment and address-correction charges are your responsibility. Signature on delivery is required for shipments with a Total Purchase Price over $750, and we may require it for other shipments in our discretion. We purchase carrier insurance on higher-value shipments in our discretion; this is for OVA Stock's benefit in administering claims under Section 8.6 and creates no separate insurance right in you.
8.5 Title; Risk of Loss. Title to an Item passes to you upon our receipt of the Total Purchase Price in cleared funds. Unless otherwise stated in the Listing: (a) for shipped Items, risk of loss or damage in transit remains with OVA Stock and passes to you upon the carrier's recorded delivery of the Item to your confirmed shipping address; and (b) for pickup Items, risk of loss passes to you upon the earlier of your taking possession or the expiration of the Pickup Window.
8.6 Transit Damage and Loss Claims. Inspect every shipment promptly upon delivery. If an Item arrives damaged or a shipment is not delivered, you must notify us at the Official Support Address within the claim window stated in Section 9.3 (for lost shipments, within five (5) days after the last scheduled delivery date), and must retain the Item, all packaging, and all packing materials for carrier inspection and provide photographs on request. Because risk of loss in transit remains with OVA Stock under Section 8.5(a), approved transit claims are resolved by refund, replacement (if available), or account credit under Section 9.4; failure to report within the claim window or to preserve packaging may result in denial of the claim to the extent it prejudices our ability to verify or recover on it.
8.7 Damage or Loss Before Shipment or Pickup. If an Item is lost, stolen, damaged, or destroyed after the auction closes but before the Item is shipped or picked up, OVA Stock may cancel the sale, and your sole and exclusive remedy is a full refund of the Total Purchase Price paid for that Item.
9. RETURNS AND REFUNDS
9.1 All Sales Final. Given the liquidation nature of the inventory and the disclosures required by Section 4, all sales are final and Items are not returnable — including for buyer's remorse, incompatibility, or dissatisfaction with disclosed condition — except for the three claim categories in Section 9.2 or as required by applicable law.
9.2 Eligible Claims. You may submit a claim only where:
(a) Material misrepresentation — the Item received is materially different from its Listing, meaning the discrepancy concerns the Item's fundamental identity, authenticity, stated condition grade under Exhibit A, or a specifically stated material attribute (e.g., the Listing states "tested — powers on" and the Item does not power on), rather than matters disclosed in the Listing or visible in photographs, ordinary cosmetic wear consistent with the stated grade, or subjective disappointment; (b) Transit damage or loss — the Item was damaged or lost in transit as described in Section 8.6; or (c) Wrong item — the Item received is not the Item identified in your Invoice.
9.3 Claim Procedure; 48-Hour Window. Claims must be submitted through your account or to the Official Support Address within forty-eight (48) hours after carrier-recorded delivery or completed pickup, and must include your Invoice number, a description of the discrepancy, and supporting photographs. You must not use, alter, repair, or further disassemble the Item after discovering the issue, and must preserve the Item and all packaging. Items may bear serial numbers or other identifying or anti-fraud markings that we record before shipment or release; a claimed or returned Item must bear the same serial numbers and markings as the Item we shipped or released, and failure to preserve serial numbers or identifying markings may invalidate a claim. For approved claims, we may require return of the Item using a prepaid label we provide before issuing a refund.
9.4 Resolution. For approved claims, we will issue a refund to the original payment method of the Winning Bid, Buyer's Premium, Transaction Fee, and tax (or, at our option for wrong-item claims, ship the correct Item). Original shipping charges are refunded where the claim arises from our error or transit damage. Partial refunds may be offered, and accepted at your option, where a discrepancy is material but you elect to keep the Item. Approved refunds are initiated promptly, but the time for funds to appear depends on your payment processor and issuing bank and is outside our control.
9.5 Non-Returnable in All Circumstances. Except where a claim is approved under Section 9.2 or return is required by law, the following are not returnable: Items graded "For Parts," "Salvage," or "Untested" (as to functionality); defects, damage, or missing components disclosed in the Listing or visible in Listing photographs; categories identified as non-returnable in the Listing; and Items altered, used, or damaged after delivery or pickup.
9.6 Statutory Rights. Nothing in this Section 9 limits any non-waivable rights you have under applicable law, including remedies for deceptive acts or practices under the Ohio Consumer Sales Practices Act (Ohio Rev. Code Ch. 1345) or the Florida Deceptive and Unfair Trade Practices Act (Fla. Stat. Ch. 501, Part II).
10. USER CONDUCT
In addition to the bidding prohibitions in Section 6, you agree not to:
(a) use the Platform for any unlawful purpose or in violation of any applicable law or regulation; (b) commit fraud, misrepresent your identity, or impersonate any person or entity; (c) harass, threaten, abuse, or defame OVA Stock personnel or other Users; (d) upload or transmit viruses, malware, or other harmful code, or take any action that imposes an unreasonable load on Platform infrastructure; (e) reverse engineer, decompile, disassemble, or attempt to derive the source code of the Platform, except to the extent such restriction is prohibited by law; (f) copy, frame, mirror, scrape, or index the Platform or any content on it by automated means, including for training machine-learning models, without our prior written consent; (g) probe, scan, or test the vulnerability of the Platform or breach any security or authentication measures; (h) share, sell, rent, or transfer your account or use another User's account; (i) infringe or misappropriate any copyright, trademark, trade secret, or other intellectual property or proprietary right; (j) resell or export Items in violation of applicable law, including U.S. export control and sanctions laws; or (k) assist, encourage, or enable any third party to do any of the foregoing.
11. INTELLECTUAL PROPERTY; LIMITED LICENSE
11.1 Ownership. The Platform and all of its content — including software, source code, databases, design, page layout, text, graphics, photographs, Listing content and descriptions, the Exhibit A condition-grading system, logos, trade names, and trademarks (including "OVA Auctions" and "OVA Stock"), and all associated goodwill — are owned by OVA Stock LLC or its licensors and are protected by U.S. and international copyright, trademark, trade secret, and other intellectual property laws. Purchase of an Item conveys no rights in any intellectual property associated with the Item's brand or manufacturer.
11.2 Limited License. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform for your personal or internal business purchasing purposes. All rights not expressly granted are reserved.
11.3 Your Content. If you submit content to the Platform (e.g., claim photographs, feedback, or suggestions), you grant OVA Stock a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, modify, display, and distribute that content in connection with operating, improving, and promoting the Platform, and you represent that you have the rights necessary to grant this license. We have no obligation to use or compensate you for suggestions or feedback.
11.4 App Stores. Use of our iOS application is also subject to Apple's usage rules and the Apple Media Services Terms; use of our Android application is also subject to the Google Play Terms of Service. Apple and Google are not parties to these Terms, have no obligation to provide support or maintenance for the apps, and, to the maximum extent permitted by law, have no warranty or other liability with respect to the apps. Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to the iOS application and may enforce these Terms against you as such.
11.5 Platform Availability; Maintenance. We may suspend, restrict, or limit access to the Platform, in whole or in part, at any time for maintenance, upgrades, emergency repairs, capacity management, or security purposes, without liability. Where practicable, we will schedule planned maintenance outside peak auction hours and will apply Section 3.8 to any auction materially affected by an outage.
11.6 Beta and Experimental Features. We may release features identified as beta, preview, pilot, or experimental. Such features are provided for evaluation, may be modified, suspended, or discontinued at any time without notice or liability, may be less reliable than the rest of the Platform, and are provided "AS IS" to the maximum extent permitted by law.
11.7 Usernames. Usernames are displayed in masked or anonymized form during bidding (Privacy Policy § 4.8), but we may nonetheless require you to change, or may ourselves change or reclaim, any username that is misleading, offensive, infringing, impersonating, or otherwise inconsistent with these Terms.
11.8 Watchlists, Saved Searches, and Notifications. Watchlists, saved searches, alerts, and notifications (including outbid and auction-ending notices) are conveniences provided without any guarantee of delivery, timeliness, or persistence. We are not responsible if they are delayed, lost, or not delivered, and their failure does not excuse performance of any Bid or extend any deadline. You are responsible for monitoring auctions on which you bid and Items awaiting pickup.
11.9 No API Access. The Platform does not offer a public API. Accessing Platform data or functionality through any application programming interface, automated client, reverse-engineered endpoint, or similar means is unauthorized and prohibited unless we grant prior written permission, and constitutes a violation of Sections 6.3 and 10.
12. DISCLAIMER OF WARRANTIES
12.1 Items Sold "AS IS." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL ITEMS ARE SOLD "AS IS," "WHERE IS," AND "WITH ALL FAULTS," AND OVA STOCK DISCLAIMS ALL WARRANTIES WITH RESPECT TO ITEMS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. Condition grades and Listing descriptions are made in good faith but, except for the specific statements giving rise to claims under Section 9.2, are not warranties. No employee or agent of OVA Stock is authorized to make any warranty on its behalf. Manufacturer warranties, where they exist and remain transferable, are between you and the manufacturer; many Items sold on the Platform (including customer returns and salvage goods) carry no manufacturer warranty.
12.2 Platform Provided "AS IS." THE PLATFORM AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF UNINTERRUPTED OR ERROR-FREE OPERATION, ACCURACY, OR SECURITY.
12.3 Warranty of Title to Items. Notwithstanding Section 12.1, OVA Stock warrants that it has good title to each Item it sells and the right to transfer that title, as provided by UCC § 2-312 (Ohio Rev. Code § 1302.25; Fla. Stat. § 672.312).
12.4 Limitations on Disclaimers. Some jurisdictions do not allow the disclaimer of certain implied warranties or the limitation of certain consumer rights. The disclaimers in this Section 12 apply only to the maximum extent permitted by applicable law and do not limit any warranty or right that cannot lawfully be disclaimed, your remedies under Section 9 for the claims described there, or your non-waivable rights under the Ohio Consumer Sales Practices Act, the Florida Deceptive and Unfair Trade Practices Act, or the Magnuson-Moss Warranty Act (to the extent applicable).
13. LIMITATION OF LIABILITY
13.1 Exclusion of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, OVA STOCK AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITY, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THE PLATFORM, ANY AUCTION, ANY ITEM, OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This exclusion applies, without limitation, to damages arising from Platform downtime, service interruptions, bugs, missed or unprocessed Bids, auction cancellations or extensions, Listing or pricing errors, and delays.
13.2 Cap. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF OVA STOCK AND ITS RELATED PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO OVA STOCK IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100). FOR CLAIMS RELATING TO A SPECIFIC ITEM, YOUR EXCLUSIVE REMEDY AND OUR MAXIMUM LIABILITY IS LIMITED TO THE TOTAL PURCHASE PRICE PAID FOR THAT ITEM.
13.3 Exceptions. Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by our negligence; (b) fraud or intentional misconduct; (c) gross negligence, to the extent such limitation is unenforceable under applicable law; or (d) any other liability that cannot lawfully be excluded or limited. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you; in such jurisdictions, our liability is limited to the maximum extent permitted by law.
13.4 Basis of the Bargain. You acknowledge that the pricing available on the Platform reflects the allocations of risk in Sections 12 and 13, which are an essential basis of the bargain between you and OVA Stock, and that they apply even if a limited remedy fails of its essential purpose.
14. INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless OVA Stock LLC and its members, managers, officers, employees, agents, and service providers from and against any third-party claims, actions, demands, government investigations and enforcement proceedings, losses, damages, penalties, fines, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms or applicable law; (b) your misuse of the Platform, including prohibited bidding conduct; (c) your infringement or misappropriation of any third party's rights; (d) content you submit; (e) your resale, use, modification, or disposal of any Item after title passes to you, including injuries or damages caused thereby; or (f) inaccurate information you provide, including tax exemption certificates and shipping addresses. We reserve the right, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, in which case you agree to cooperate with our defense. This Section does not require you to indemnify OVA Stock for claims to the extent caused by OVA Stock's own negligence or willful misconduct where such indemnification would be unenforceable.
15. COMPLIANCE, SANCTIONS, AND PLATFORM PROTECTION
15.1 Sanctions and Export Controls. You represent and warrant that you are not: (a) located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive U.S. sanctions; (b) listed on, or owned or controlled by any person listed on, the OFAC Specially Designated Nationals and Blocked Persons List or any other U.S. government restricted-party list; or (c) acquiring Items for export, reexport, or transfer in violation of U.S. export control laws. We may screen Users and transactions against government lists, block or reject transactions, freeze accounts, and make required governmental reports.
15.2 Financial Crime Monitoring. We may monitor transactions for indicators of money laundering, use of stolen payment instruments, and similar financial crime; decline, hold, or unwind transactions; require source-of-funds or identity documentation; and cooperate with Stripe, financial institutions, payment networks, and authorities, including making reports where required by law.
15.3 Records, Audit Logs, and Investigations. We maintain records and audit logs of auctions, Bids, accounts, payments, and communications for auction integrity, dispute resolution, tax, and legal compliance purposes. Auction and transaction records are retained for no less than seven (7) years, or such longer period as is required by law or by an open dispute, chargeback, investigation, or legal proceeding. You agree to cooperate reasonably with our investigations, including by responding to information requests. During an investigation we may suspend bidding privileges, withhold Item release, or hold refunds, for a period reasonable in light of the circumstances.
15.4 Automated Systems and AI. OVA Stock may use automated systems, including machine-learning and artificial-intelligence tools, to operate and protect the Platform, including for fraud detection, security monitoring, content and account moderation, identity and payment verification, bidding-pattern analysis, and customer support routing and assistance. Automated and AI-generated outputs may contain errors and are reviewed by personnel where appropriate; consequential adverse account decisions (such as permanent bans) are subject to human review.
15.5 Law Enforcement. We cooperate with law enforcement as described in our Privacy Policy, including in investigations concerning stolen goods, payment fraud, and identity theft.
16. FORCE MAJEURE
OVA Stock is not liable for any delay or failure to perform (other than refund obligations already accrued to you) resulting from causes beyond its reasonable control, including natural disasters, fire, flood, epidemics, labor disputes, utility or telecommunications failures, internet or hosting provider outages, cyberattacks and other cybersecurity incidents, war, terrorism, civil unrest, governmental action or shutdowns, carrier delays, and carrier embargoes or service suspensions. Deadlines affected by a force majeure event are extended for the duration of the event.
17. GOVERNING LAW AND DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES ARBITRATION OF MOST DISPUTES ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF, INCLUDING BY WAIVING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 17.8.
17.1 Governing Law. These Terms and any Dispute are governed by the Federal Arbitration Act (with respect to this Section 17) and otherwise by the laws of the State of Ohio, without regard to conflict-of-laws principles, except that this choice of law does not deprive you of the protection of mandatory consumer protection laws of your state of residence that would apply absent this Section. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
17.2 Informal Resolution First. Before initiating arbitration or any court proceeding, you and OVA Stock each agree to first send the other a written notice of dispute describing the claim and the relief sought (for notices to us: OVA Stock LLC, Attn: Dispute Notice, 210 Hayes Dr, Suite C, Brooklyn Heights, OH 44131, or the Official Support Address) and to negotiate in good faith for sixty (60) days. This is a condition precedent to formal proceedings, and applicable statutes of limitation are tolled during this period.
17.3 Binding Individual Arbitration. Except as provided in Sections 17.4 and 17.8, any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, the Platform, any auction, or any Item, whether based in contract, tort, statute, or otherwise (each, a "Dispute"), will be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, as modified by this Section (the "AAA Rules"). The AAA Rules and instructions for filing are available at www.adr.org or by calling the AAA at 1-800-778-7879.
(a) Commencing Arbitration. After completing the informal resolution process in Section 17.2, a party may commence arbitration by submitting a Demand for Arbitration to the AAA in accordance with the AAA Rules and serving a copy on the other party (for OVA Stock, at the notice address in Section 17.2). The Demand must describe the nature of the claim and the relief sought and confirm that Section 17.2 has been completed.
(b) Arbitrator and Procedure. The arbitration will be conducted in English by a single neutral arbitrator appointed under the AAA Rules. The arbitrator must be an attorney licensed to practice law in the United States or a retired judge. For claims of $25,000 or less, the arbitration will be conducted on the basis of written submissions unless either party requests a hearing or the arbitrator determines one is necessary; for larger claims, hearings will be held by videoconference or telephone unless a party requests an in-person hearing, which will take place in the county of the consumer claimant's residence (or another mutually agreed location).
(c) Arbitrator's Authority. The arbitrator has the authority to award the same damages and relief on an individual basis that a court could award to an individual under these Terms and applicable law, including statutory damages, attorneys' fees where a statute provides for them, and declaratory or injunctive relief — but only in favor of the individual claimant and only to the extent necessary to remedy that claimant's individual claim. The arbitrator must apply these Terms as a court would, must honor applicable statutes of limitation and claims of privilege, and will issue a reasoned written award stating the essential findings and conclusions on which it is based. Judgment on the award may be entered in any court of competent jurisdiction.
(d) Discovery and Confidentiality. Discovery is governed by the AAA Rules and the arbitrator's orders, proportionate to the size of the claim. The parties will keep the arbitration confidential, except as needed to enforce or challenge the award, to comply with law, or as the parties otherwise agree; nothing in this paragraph prevents you from discussing the underlying facts of your claim. The arbitrator, and not any court, has exclusive authority to resolve all Disputes, including the scope, enforceability, and arbitrability of this agreement, except that a court will decide the enforceability of the Class Action Waiver in Section 17.6.
17.4 Exceptions. Either party may: (a) bring an individual claim in small claims court (in your county of residence or Cuyahoga County, Ohio) for claims within that court's jurisdiction; and (b) seek temporary or preliminary injunctive relief in court to protect intellectual property or Platform security pending arbitration. Nothing in this Section prevents you from bringing issues to the attention of federal, state, or local agencies, which may seek relief on your behalf.
17.5 Fees and Costs. Payment of AAA filing, administration, case-management, and arbitrator fees is governed by the AAA Consumer Arbitration Rules and the AAA's consumer fee schedule in effect when the arbitration is filed (available at www.adr.org). Under that schedule, the consumer's filing fee is capped at the amount specified by the AAA, and OVA Stock will pay all remaining AAA administrative fees and all arbitrator compensation as the AAA Rules require. If you demonstrate that the consumer filing fee would be a hardship, OVA Stock will pay it upon written request. Each party bears its own attorneys' fees and costs, except that the arbitrator may award fees and costs (i) to either party where an applicable statute or these Terms so provide, or (ii) against a party whose claim or defense the arbitrator determines to be frivolous or brought for an improper purpose, judged under the standards of Federal Rule of Civil Procedure 11(b).
17.6 Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND OVA STOCK EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND EACH WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. The arbitrator may not consolidate more than one person's claims or preside over any form of representative proceeding. If this waiver is held unenforceable as to a particular Dispute, that Dispute (and only that Dispute) shall proceed in court under Section 17.9, and the remainder of this Section 17 remains in effect.
17.7 Mass Filings. If twenty-five (25) or more similar demands for arbitration are filed by or with the assistance of the same or coordinated counsel, the parties agree that the AAA's Multiple Consumer Case Filing procedures (or successor rules) will apply, and the parties will cooperate in a staged or bellwether process before remaining demands proceed.
17.8 30-Day Opt-Out Right. You may opt out of this arbitration agreement (Sections 17.3–17.7) by sending written notice within thirty (30) days after first accepting these Terms to OVA Stock LLC, Attn: Arbitration Opt-Out, 210 Hayes Dr, Suite C, Brooklyn Heights, OH 44131 or the Official Support Address, stating your name, account email, and your intent to opt out. Opting out of arbitration does not affect any other provision of these Terms.
17.9 Venue and Jury Waiver for Court Proceedings. For any Dispute not subject to arbitration (including if you opt out, or where arbitration is inapplicable or unenforceable), the Dispute shall be brought exclusively in the state or federal courts located in Cuyahoga County, Ohio, and each party consents to personal jurisdiction and venue there — except that if you are a consumer, this venue provision does not override any non-waivable statutory venue right in your home state. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVES ITS RIGHT TO A TRIAL BY JURY in any court proceeding arising out of or relating to these Terms or the Platform.
17.10 Limitations Period. To the extent permitted by applicable law, any Dispute must be commenced within one (1) year after the claim accrues; claims subject to non-waivable longer statutory limitation periods are not shortened by this Section.
18. GENERAL PROVISIONS
18.1 Electronic Contracting; E-SIGN Consent. These Terms are entered into electronically. Consistent with the federal Electronic Signatures in Global and National Commerce Act (E-SIGN), the Ohio Uniform Electronic Transactions Act (Ohio Rev. Code Ch. 1306), and the Florida Electronic Signature Act / UETA (Fla. Stat. Ch. 668), you agree that: (a) your click-through acceptance, account registration, and Bids constitute your electronic signature and manifest assent; (b) we may provide all notices, disclosures, agreements, Invoices, and records relating to the Platform electronically, by posting on the Platform or sending to the email address on your account; and (c) you consent to receive records electronically. You may withdraw this consent, or request paper copies (a reasonable fee may apply), by contacting the Official Support Address; withdrawing consent may prevent continued use of the Platform. To access electronic records you need a current browser or our mobile app, an active email account, and the ability to view and store PDFs; retain copies for your records.
18.2 Notices. Notices to you are effective when posted on the Platform, sent to your account email, or delivered by in-app or push notification. The Official Support Address (contact@ovastock.com) is OVA Stock's sole official address for support requests and customer correspondence; messages sent to other addresses, social media accounts, or personal addresses of OVA Stock personnel are not effective notice and may not be reviewed. Legal notices to OVA Stock must be sent in writing to OVA Stock LLC, Attn: Legal, 210 Hayes Dr, Suite C, Brooklyn Heights, OH 44131, with a copy to the Official Support Address, and are effective on receipt.
18.3 Changes to These Terms. We may modify these Terms from time to time. Material changes will be announced by reasonable advance notice (e.g., email or prominent Platform notice) and take effect on the stated effective date; other changes take effect on posting. Changes do not apply retroactively to auctions that closed before the effective date. Your continued use of the Platform — including placing any Bid — after the effective date constitutes acceptance of the modified Terms. If you do not agree to a change, your sole remedy is to stop using the Platform and close your account before the change takes effect; if a change materially and adversely affects Section 17's arbitration provisions, you may reject that change by notice within thirty (30) days, in which case the prior arbitration terms continue to apply to you.
18.4 Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, or severed if necessary, and the remaining provisions will remain in full force, except as stated in Section 17.6.
18.5 Entire Agreement; Order of Precedence. These Terms, the Privacy Policy, the applicable Listing, and any posted Platform policies expressly incorporated by reference constitute the entire agreement between you and OVA Stock regarding the Platform and supersede all prior agreements on that subject. If a Listing conflicts with these Terms for a specific auction, the Listing controls for that auction.
18.6 Assignment. You may not assign or transfer these Terms or your account without our prior written consent, and any attempted assignment in violation of this Section is void. We may assign these Terms without restriction, including to an affiliate, in connection with an internal corporate reorganization or change of form, or in connection with a merger, acquisition, or sale of assets, provided the assignee assumes our obligations.
18.7 No Waiver; No Agency. Our failure to enforce any provision is not a waiver of that provision or any other. Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and OVA Stock.
18.8 Headings; Interpretation. Headings are for convenience only. "Including" means "including without limitation." Day counts refer to calendar days unless stated otherwise.
18.9 Survival. Provisions that by their nature should survive termination of these Terms or your account survive, including accrued payment obligations and Sections 5, 7–15, 17, and 18.
18.10 State Notices. Users in certain states may be entitled to specific consumer notices. California users: complaints may be directed to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, (800) 952-5210.
18.11 Contact. OVA Stock LLC 210 Hayes Dr, Suite C Brooklyn Heights, OH 44131 Email: contact@ovastock.com
EXHIBIT A — OVA AUCTIONS CONDITION GRADING SCALE
The following grades are used in Listings. Each grade describes the condition of the specific unit offered, based on visual inspection unless the Listing expressly states that functional testing was performed. Any defect, damage, or missing component disclosed in the Listing text or visible in Listing photographs is deemed part of the Item's description regardless of grade.
A-1. New. Unopened in original manufacturer packaging, or opened only for inspection or photography with all contents unused and included. Packaging may show shelf wear, retailer labels, or tape.
A-2. Like New. Appears unused with no visible signs of use. May have been opened, repackaged, or returned; original packaging may be damaged, incomplete, or missing. All principal components included unless noted.
A-3. Open Box. Opened, with contents appearing complete and in good condition. May show minimal handling marks. Accessories, manuals, or minor components may be missing if noted or visible in photographs.
A-4. Excellent. Previously handled or lightly used with only minor cosmetic wear (light scuffs or marks) that does not affect the Item's appearance at normal viewing distance. Complete unless noted.
A-5. Good. Shows moderate cosmetic wear from use or handling — scratches, scuffs, or marks — consistent with normal prior use. May be missing non-essential accessories as noted or shown.
A-6. Fair. Shows heavy cosmetic wear, notable defects, or missing components as noted or shown. Suitable for buyers who accept significant imperfections.
A-7. For Parts. Sold for parts, repair, or component recovery only. Known or suspected to be incomplete or non-functional. No representation of functionality is made, and functionality claims are not eligible under Section 9.2.
A-8. Salvage. Damaged, distressed, or recovered goods sold strictly as-is for whatever value the buyer can obtain. May be unsafe for ordinary use. No representation of any kind beyond the photographs and text is made.
A-9. Untested. The Item has not been powered on, assembled, or functionally tested. Cosmetic condition is as photographed and described. No representation of functionality is made, and functionality claims are not eligible under Section 9.2.
By clicking "I Agree," creating an account, or placing a Bid, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (including Exhibit A) and the OVA Auctions Privacy Policy.