These Terms & Conditions (“Terms”) are a binding agreement between you and WINNING BEYOND WINNING INC., a corporation with offices at 2 2nd Avenue, Farmingdale, NY 11735, United States (“IronBid,” “we,” “us,” “our”). They govern your access to and use of ironbid.co and any related pages, auctions, forms and messaging programs (together, the “Service”).
By using the Service you accept these Terms and our Privacy Policy. If you do not accept them, do not use the Service.
Read sections 3, 4, 5 and 14 carefully. Section 3 explains that every bid is a binding offer to buy. Section 4 explains payment deadlines and the buyer's premium. Section 5 explains that vehicles are sold as described, as-is and where-is, with no warranty of roadworthiness. Section 14 contains an arbitration agreement and a class action waiver that affect how disputes between us are resolved.
Section 01Eligibility
You must be at least 18 years old and a resident of the United States to register or bid. The Service is not directed to anyone under 18, and we do not knowingly collect information from minors. If you register or bid on behalf of a business or another person, you represent that you have that party's authorisation and that they will be bound by these Terms.
When you provide a telephone number, you represent that you are the subscriber of that number or its customary user with authority to consent to contact on it.
Section 02What IronBid is, and is not
IronBid is an online auction marketplace for used and collector vehicles. We list vehicles consigned to us by private owners, dealers, estates and liquidators (“Sellers”), run timed online auctions for those vehicles, and collect payment from the winning bidder. For some lots WINNING BEYOND WINNING INC. is itself the Seller; for others we act as the Seller's agent.
We are not a franchised dealer, manufacturer or authorised representative of any brand that appears on the Service, and all model names and marks belong to their owners. Vehicles sold here are old, used and out of warranty. Nothing on the Service is an appraisal, a certification of authenticity, or a statement that a vehicle is safe or legal to drive in your state.
Section 03Bidding
Anyone may browse lots without an account. To bid you must have a registered account in good standing and, before your first bid, a valid payment card on file.
- Every bid is a binding offer to buy the vehicle at that amount plus the buyer's premium, taxes and any transport you select. Bids cannot be withdrawn or reduced once placed.
- Maximum bids. If you enter a maximum, the system bids on your behalf at the minimum increment needed to keep you in the lead, up to your maximum.
- Soft close. A bid placed within the final two minutes of an auction extends its closing time by two minutes.
- Reserves. Some lots carry a reserve price. If the reserve is not met, the vehicle is not sold and the high bidder is not obligated.
- Our rights. We may reject any bid, cancel or extend any auction, withdraw any vehicle, or void a sale where we believe there has been an error, fraud, shill bidding or a technical failure. We are not liable for bids lost due to connectivity, device or system problems.
Section 04Winning, payment and fees
If you are the high bidder when an auction closes (and any reserve is met), you have bought the vehicle. We will issue an invoice for the winning bid plus:
- a buyer's premium of 10% of the winning bid, with a minimum of US$250;
- applicable state and local sales tax, unless you provide a valid resale or exemption certificate before invoicing; and
- any transport, handling or documentation charges you select.
Invoices are due in full within three business days of the auction close, by the card on file (subject to our card limit), ACH or wire. If you do not pay on time we may charge the card on file, cancel the sale, re-offer the vehicle, suspend your account, and recover any shortfall, fees and costs from you.
Section 05Vehicle descriptions and condition
Every lot carries a condition grade (Restored, Driver, Survivor or Project) and written inspection notes. We inspect and photograph vehicles in good faith, but grades, descriptions, photographs, mileage, specifications, model history and estimates are statements of opinion, not warranties. All vehicles are sold as described, as-is and where-is, with all faults, and all sales are final once the auction closes.
Odometer readings on vehicles of this age are frequently not actual mileage and are stated as shown on the instrument, not as a representation of distance travelled. Vehicles may contain non-original, replacement or modified parts. A vehicle may not be roadworthy, may not comply with current safety or emissions requirements, and may require repair, inspection, registration and insurance before use on public roads — all of which are your responsibility.
You are responsible for reviewing the inspection notes and photographs, and for asking questions or arranging your own pre-bid inspection before you bid. Where a vehicle is materially different from its description, contact us within three business days of collection or delivery; our sole obligation is, at our option, to cancel the sale and refund the amount paid for that vehicle.
Section 06Collection, transport and title
Paid vehicles must be collected from the listed location, or dispatched, within ten business days of payment. Storage fees of US$25 per vehicle per day apply thereafter; vehicles uncollected after 45 days are treated as abandoned and may be re-offered without refund.
Title documents are released once funds have cleared, which can take up to 21 days. Each lot states its title status; where a title is branded, salvage, bonded or absent, the lot page says so. We arrange transport only as a convenience and act as your agent in doing so: carriers are independent contractors and we are not liable for their acts, delays, damage or omissions.
Section 07Accounts
You are responsible for keeping your credentials confidential and for all bids and activity under your account, whether or not you authorised them. Notify us immediately at hello@ironbid.co of any unauthorised use. We may suspend or terminate any account at any time, with or without notice, for non-payment, breach of these Terms, or for any other reason. Obligations for vehicles already won survive termination.
Section 08Text message program
If you give your express consent, IronBid may send you recurring automated service updates and account notification texts — such as outbid notices, closing reminders, watchlist alerts, invoice notices and collection instructions — at the mobile number you provided.
Program terms. Consent to receive text messages is not a condition of registering, bidding, or purchasing any goods or services. Message frequency varies. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages. Supported carriers may change.
To stop: reply STOP to any message from us and you will be unsubscribed immediately; you will receive one final confirmation message. For help: reply HELP, email hello@ironbid.co, or call +1 (260) 699-1092.
Calls and messages may be placed using an automatic telephone dialing system or an artificial or prerecorded voice. Calls may be monitored or recorded for quality and compliance.
Section 09Acceptable use
You may not:
- use the Service for any unlawful purpose, or in violation of any applicable federal, state or local law;
- bid with no intention of paying, bid on your own consigned vehicles, collude with other bidders, or otherwise manipulate an auction;
- scrape, crawl, harvest or use automated means to extract lot data, bid data or content from the Service, or place bids by automated means other than the maximum-bid feature we provide;
- reverse engineer, decompile or attempt to derive the source of any part of the Service;
- interfere with, overload or attempt to gain unauthorised access to the Service or its infrastructure;
- reproduce, republish, distribute, sell, sublicense or create derivative works from any part of the Service without our prior written consent;
- frame or mirror the Service, or use our name, marks or content in any manner likely to cause confusion about affiliation or endorsement;
- impersonate any person or misrepresent your affiliation with any person or entity; or
- use the Service to transmit malware, spam or unsolicited commercial communications.
Section 10Intellectual property
Except for information you submit, all content on the Service — including text, layout, design, graphics, logos, the IronBid name and mark, lot photographs and inspection notes, compilations and software — is owned by WINNING BEYOND WINNING INC. or its licensors and is protected by copyright, trademark and other intellectual property laws. You are granted a limited, revocable, non-transferable licence to access and view the Service for your personal, non-commercial use. No other rights are granted.
Third-party brand names, model names and marks that appear on the Service remain the property of their respective owners and are used only to identify the vehicles offered; their appearance does not imply endorsement, affiliation or partnership.
Section 11Disclaimer of warranties
THE SERVICE, INCLUDING ALL VEHICLE DESCRIPTIONS, CONDITION GRADES, INSPECTION NOTES, PHOTOGRAPHS, MILEAGE FIGURES AND ESTIMATES, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND NON-INFRINGEMENT, WITH RESPECT TO BOTH THE SERVICE AND ANY VEHICLE SOLD THROUGH IT.
WE DO NOT WARRANT THAT ANY VEHICLE IS ROADWORTHY, SAFE, FREE OF DEFECTS, COMPLIANT WITH ANY SAFETY OR EMISSIONS STANDARD, OR SUITABLE FOR ANY USE, THAT ANY DESCRIPTION OR ODOMETER READING IS ACCURATE OR COMPLETE, OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.
Section 12Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WINNING BEYOND WINNING INC., ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICE OR ANY VEHICLE, WHETHER BASED IN CONTRACT, TORT, STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS INCLUDES, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM THE CONDITION, REPAIR, USE OR OPERATION OF ANY VEHICLE, FROM A LOST OR FAILED BID, FROM AN INACCURATE DESCRIPTION OR ODOMETER READING, OR FROM THE ACTS OR OMISSIONS OF ANY SELLER, CARRIER, INSPECTOR OR OTHER THIRD PARTY.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US FOR THE VEHICLE GIVING RISE TO THE CLAIM OR ONE HUNDRED US DOLLARS (US$100). Some jurisdictions do not allow certain limitations of liability, so parts of this section may not apply to you.
Section 13Indemnification
You agree to indemnify, defend and hold harmless WINNING BEYOND WINNING INC. and its officers, directors, employees, agents and licensors from and against any claim, demand, loss, liability, damage, fine, penalty, cost or expense (including reasonable legal fees) arising out of or relating to: your use of the Service; your bids and purchases; your use, repair, transport or resale of any vehicle bought here; your breach of these Terms; information you submitted that was false or unauthorised; or your violation of any law or the rights of any third party.
Section 14Disputes, arbitration, and class action waiver
Informal resolution first. Before starting any proceeding, you agree to contact us at legal@ironbid.co with a written description of the dispute and the relief you seek, and to allow us 30 days to resolve it.
Binding arbitration. If the dispute is not resolved, you and WINNING BEYOND WINNING INC. agree that any dispute arising out of or relating to the Service or these Terms will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in Nassau County, New York, or conducted remotely at your election. Judgment on the award may be entered in any court of competent jurisdiction.
Class action waiver. YOU AND WINNING BEYOND WINNING INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. If this waiver is found unenforceable as to any claim, that claim is severed from arbitration and proceeds in court.
How to opt out of arbitration. You may reject this arbitration agreement by sending written notice within 30 days of first accepting these Terms to WINNING BEYOND WINNING INC., 2 2nd Avenue, Farmingdale, NY 11735, United States, or legal@ironbid.co, stating your name, the email or phone number you used, and that you opt out of arbitration. Opting out does not affect any other part of these Terms and will not be held against you.
Nothing in this section prevents either party from bringing a qualifying claim in small claims court, or from seeking injunctive relief for infringement or misuse of intellectual property.
Section 15Governing law and jurisdiction
These Terms are governed by the laws of the State of New York and applicable US federal law, without regard to conflict-of-laws principles. Subject to section 14, the state and federal courts located in Nassau County, New York have exclusive jurisdiction, and you consent to venue there. The Service is intended for use within the United States; we make no representation that it is appropriate or available elsewhere.
Section 16Changes, severability, and assignment
We may modify these Terms at any time. The “Effective” date at the top will be updated, and material changes will be highlighted on this page. Your continued use after changes take effect constitutes acceptance. Changes do not apply to auctions that closed before they took effect. If you do not agree, stop using the Service.
If any provision is held unenforceable, it is modified to the minimum extent necessary and the remainder stays in force. Our failure to enforce a provision is not a waiver of it. We may assign these Terms in connection with a merger, acquisition or sale of assets; you may not assign them without our written consent. These Terms, together with the Privacy Policy and CCPA Notice, are the entire agreement between us regarding the Service.
Section 17Contact
Questions about these Terms:
WINNING BEYOND WINNING INC.
2 2nd Avenue, Farmingdale, NY 11735, United States
Phone: +1 (260) 699-1092
General: hello@ironbid.co
Legal: legal@ironbid.co
Privacy: privacy@ironbid.co