Terms of Service

Effective Date: August 1, 2026
Last Updated: August 1, 2026

These Terms of Service (“Terms”) form a binding agreement between you and Premier Holdings LLC, doing business as Premier Natural Stone Auctions (“Premier,” “Platform,” “we,” “us,” or “our”). These Terms govern your access to and use of our websites, applications, auction services, Buy It Now marketplace, memberships, seller tools, payment features, communications, and related services (collectively, the “Services”).

By creating an account, submitting a seller application, listing an item, placing a bid, purchasing an item, paying a fee, or otherwise using the Services, you agree to these Terms, our Privacy Policy, any applicable Seller Agreement, fee schedule, listing rules, and transaction-specific terms displayed to you.

If you do not agree, do not use the Services.

1. Eligibility and Authority

You must be at least 18 years old and legally capable of entering a binding contract. If you use the Services for a company, quarry, supplier, contractor, dealer, consignor, or other organization, you represent that you are authorized to bind that organization.

You may not use the Services if your account has been suspended or terminated, if applicable law prohibits your participation, or if you are subject to sanctions or restrictions that would make the transaction unlawful.

2. Marketplace Role

Premier provides technology and administrative services that allow independent buyers and sellers to identify, list, auction, purchase, sell, and coordinate the transfer of natural stone, hardscape products, related materials, and approved equipment or accessories.

Unless expressly stated in writing for a specific consignment or transaction:

• Premier is not the owner, manufacturer, quarry, seller, buyer, installer, engineer, architect, carrier, freight broker, warehouse, insurer, or guarantor of listed property.
• Premier does not take title to property merely because it is listed or sold through the Platform.
• A purchase contract is formed directly between the buyer and seller, subject to these Terms and the transaction record.
• Premier may review, approve, reject, pause, edit for formatting, or remove listings, but review does not constitute inspection, authentication, certification, endorsement, or warranty.
• Premier does not guarantee that a user will complete a transaction, that a listing is accurate, or that an item will satisfy a buyer’s intended application.

Nothing in these Terms prevents Premier from separately acting as a consignor, seller, buyer, logistics coordinator, or service provider when that role is expressly disclosed.

3. Accounts and Account Security

You must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your credentials and for activity performed through your account.

You must promptly notify us at support@premierstoneauctions.com if you suspect unauthorized access, identity misuse, or fraudulent activity. We may require identity, business, tax, payment, ownership, or authority verification before allowing certain activity.

We may refuse registration, require additional verification, impose transaction limits, or suspend access when reasonably necessary to protect users, the Platform, or the integrity of a transaction.

4. Memberships and Subscriptions

Paid memberships may provide reduced fees, higher limits, enhanced visibility, analytics, or other benefits described at enrollment. Membership benefits, limits, and eligibility are tied to the applicable account and may not be transferred.

Unless otherwise disclosed at checkout:

• Memberships renew automatically at the stated billing interval until canceled.
• Cancellation prevents future renewal but does not retroactively refund charges already incurred.
• Membership fees are generally nonrefundable except where required by law or expressly stated.
• Changing or canceling a membership does not retroactively change fees already locked into an existing listing, bid, order, or transaction.
• We may modify membership features or pricing prospectively after providing any notice required by law.

5. Listings and User Content

Sellers are responsible for the legality, accuracy, completeness, and availability of their listings. Listing approval does not transfer that responsibility to Premier.

A seller must disclose all material facts known to the seller, including, when applicable:

• Material type, trade name, geological or quarry source, finish, color range, grade, condition, and intended use;
• Actual or estimated quantity, dimensions, thickness, weight, coverage, packaging, pallet count, and unit of measure;
• Whether photographs show the actual material or a representative sample;
• Damage, contamination, weathering, staining, repairs, mixed lots, remnants, shortages, or known defects;
• Pickup location or public pickup region, loading capabilities, access limitations, appointment requirements, and freight availability;
• Any applicable safety information, handling requirements, permits, restrictions, or regulatory requirements.

By submitting content, you grant Premier a worldwide, nonexclusive, royalty-free license to host, reproduce, format, display, distribute, promote, and use that content to operate and market the Services and the listing. You retain ownership of your content.

You represent that you own or control the rights necessary to submit the content and that it does not infringe another party’s rights.

6. Natural Stone and Material-Specific Disclosures

Natural stone and quarried materials are inherently variable. Color, veining, texture, mineral composition, absorption, thickness, dimensions, weight, weathering, surface finish, and performance may vary within a lot and from photographs or samples.

Unless a seller expressly provides a written guarantee:

• Photographs and samples may not represent every piece or portion of a lot.
• Dimensions, weights, pallet counts, tonnage, square-foot coverage, and yield may be estimates.
• Coverage calculations depend on installation method, joint width, waste, compaction, depth, cutting, breakage, and field conditions.
• Stone may contain natural fissures, inclusions, oxidation, efflorescence, staining, chips, breakage, or color variation.
• Buyers are responsible for evaluating suitability for structural, architectural, veneer, paving, retaining-wall, drainage, landscape, freeze-thaw, load-bearing, slip-resistance, code, and other intended uses.
• Cutting, grinding, drilling, crushing, or handling stone and masonry products may create dust and other hazards. Users are responsible for appropriate professional advice, safety procedures, protective equipment, and legal compliance.

Premier does not provide engineering, architectural, geological, installation, environmental, or safety advice.

7. Auctions

A bid is a binding offer to purchase the listing at the resulting price, subject to any disclosed reserve and transaction conditions.

By bidding, you agree that:

• You reviewed the listing and are financially and legally able to complete the purchase.
• Bids generally may not be retracted, reduced, canceled, or transferred.
• The seller and related parties may not bid directly or indirectly on the seller’s listing.
• Premier may use proxy bidding, minimum increments, reserve pricing, automatic extensions, anti-sniping rules, identity verification, deposits, limits, or payment deadlines.
• Server and database records control in the event of a discrepancy with a browser timer, cached page, notification, or display.
• The highest displayed bid does not necessarily reveal another bidder’s confidential maximum proxy amount.
• A reserve-not-met auction may end without a sale.
• Premier may invalidate bids, pause or extend an auction, correct technical errors, or cancel an auction when reasonably necessary to address fraud, manipulation, legal issues, material listing errors, outages, or threats to marketplace integrity.
• If equal maximum bids occur, the first valid bid received by the authoritative system may receive priority.
• Failure to pay or complete the transaction may result in account restrictions, collection activity, loss of deposits, reimbursement obligations, or other remedies permitted by law and the transaction terms.

8. Buy It Now and Other Purchase Formats

Selecting Buy It Now or accepting another purchase format creates a binding purchase obligation once the Platform confirms the transaction or reservation.

A temporary reservation does not guarantee a purchase until payment or other required steps are completed. Reservations may expire automatically. Premier may cancel duplicate, fraudulent, technically erroneous, or unauthorized transactions.

9. Prices, Fees, Premiums, Commissions, and Taxes

You agree to pay all amounts shown or applicable to your activity, which may include:

• Item price or winning bid;
• Buyer’s premium;
• Seller commission;
• Membership fee;
• Consignment fee;
• Payment-processing fee where permitted;
• Freight, delivery, loading, storage, detention, redelivery, or handling charges;
• Sales, use, excise, or other taxes;
• Refund, chargeback, collection, dispute, cancellation, or nonperformance amounts where permitted.

The authoritative fee calculation is the amount recorded by the Platform for the transaction. Estimates may change when taxes, freight, quantity, or other transaction details are finalized.

Users remain responsible for their own income, sales, use, property, licensing, and business tax obligations. Premier may collect, remit, withhold, or report amounts when required by law, and may request tax forms or taxpayer identification information.

10. Payments, Holds, Refunds, and Payouts

Payments may be processed by Stripe or another third-party provider. Your use of payment services may be subject to the provider’s terms and privacy practices.

You authorize Premier and its payment providers to:

• Charge or debit amounts you owe;
• Collect funds as a limited payment collection agent for the seller when applicable;
• Place temporary authorizations or holds;
• Deduct fees, refunds, chargebacks, reversals, taxes, claims, penalties, or other amounts from transaction proceeds;
• Delay or withhold payouts while identity, delivery, title, fraud, dispute, legal, reserve, or compliance issues are reviewed;
• Offset amounts owed against present or future balances where legally permitted.

Payment to Premier or its designated payment provider satisfies the buyer’s payment obligation to the seller only to the extent of funds actually received and not reversed, subject to the applicable transaction terms.

Refund eligibility depends on the listing, transaction record, condition of the materials, pickup or delivery status, dispute findings, and applicable law. No refund is guaranteed merely because a buyer changes their mind, miscalculates required quantity, dislikes natural variation, or determines the material is unsuitable after purchase when the listing was materially accurate.

11. Pickup, Loading, Freight, Delivery, and Risk of Loss

The listing or order record will identify the available fulfillment method. Unless Premier expressly agrees otherwise in writing, Premier is not a carrier, freight broker, warehouse, or insurer.

Buyers and sellers are responsible for confirming:

• Vehicle, trailer, carrier, equipment, loading, weight, route, permit, appointment, insurance, and site-access requirements;
• Legal load limits and securement;
• Pickup and delivery windows;
• Bill of lading, scale ticket, quantity, visible condition, and transfer documentation;
• Responsibility for loading, unloading, detention, storage, demurrage, failed pickup, redelivery, and damage.

Unless the order record states otherwise, risk of loss transfers to the buyer when the material is loaded onto the buyer’s vehicle or accepted by the buyer’s selected carrier. Title transfers as stated in the transaction record and subject to cleared payment.

A user who arranges freight is responsible for the acts and omissions of the selected carrier. Premier is not responsible for carrier delay, damage, theft, overweight citations, route restrictions, loading failure, site damage, weather delay, force majeure, or delivery inability, except to the extent caused by Premier’s own nonwaivable legal responsibility.

12. Inspections and Buyer Due Diligence

Buyers are responsible for reviewing the listing, asking questions, requesting samples or inspections when practical, confirming quantity and suitability, and obtaining professional advice before bidding or purchasing.

If an inspection is offered, failure to inspect does not shift responsibility to Premier. Any inspection by Premier is limited and does not create a warranty unless expressly stated in writing.

13. Prohibited Conduct

You may not:

• Submit false, misleading, deceptive, stolen, infringing, illegal, unavailable, or improperly described property;
• Engage in shill bidding, bid manipulation, collusion, price fixing, artificial traffic, feedback manipulation, or transaction interference;
• Circumvent fees or move a transaction off-platform after users are introduced through the Services;
• Use another person’s identity, payment method, tax information, business credentials, or account without authority;
• Scrape, copy, reverse engineer, overload, disrupt, probe, or attack the Services;
• Upload malware or attempt unauthorized access;
• Harass, threaten, discriminate against, or defraud another user;
• Violate sanctions, export controls, environmental, safety, transportation, tax, licensing, consumer-protection, or other laws;
• Use confidential Platform information to compete unfairly or exploit another user.

14. Communications and Electronic Signatures

You consent to electronic records, signatures, notices, transaction documents, and communications. We may contact you by email, text message, in-app notification, telephone, or other information you provide, subject to applicable law and your communication preferences.

Transactional communications may be required and may not be disabled while you maintain an active account or transaction.

15. Intellectual Property

The Platform, software, design, branding, trademarks, databases, and non-user content are owned by Premier or its licensors. Except for authorized use of the Services, no license is granted.

“Premier Natural Stone Auctions” and related marks may not be used without written permission.

16. Enforcement, Suspension, and Termination

We may investigate, limit, suspend, or terminate accounts or activity when we reasonably believe there is fraud, risk, nonpayment, prohibited conduct, legal exposure, security concern, repeated cancellation, abuse, or violation of these Terms.

We may preserve transaction records, withhold funds, notify affected users, cooperate with authorities, or take other reasonable action. Termination does not eliminate obligations incurred before termination.

17. User-to-User Disputes

Buyers and sellers should first attempt to resolve disputes through the Platform’s designated process. Premier may request documents, photographs, messages, scale tickets, inspection reports, bills of lading, delivery records, or other evidence.

Premier may facilitate or decide certain administrative outcomes under Platform rules, including payment holds, refunds, fee adjustments, account action, or payout release. Premier is not a court, arbitrator, insurer, guarantor, or fiduciary, and does not guarantee recovery.

Except for claims arising from Premier’s own conduct, you release Premier and its affiliates, owners, officers, employees, contractors, and agents from claims arising solely from disputes between users, to the fullest extent permitted by law.

18. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

PREMIER DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AVAILABILITY, SECURITY, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

PREMIER DOES NOT WARRANT THAT:

• A LISTING, USER, BID, MATERIAL, SAMPLE, PHOTOGRAPH, MEASUREMENT, WEIGHT, QUANTITY, PRICE, PAYMENT, PICKUP, FREIGHT ARRANGEMENT, OR TRANSACTION IS ACCURATE, AUTHENTIC, SAFE, LEGAL, AVAILABLE, OR SUITABLE;
• THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE;
• A BUYER OR SELLER WILL COMPLETE A TRANSACTION;
• MATERIALS WILL MATCH EVERY IMAGE OR SAMPLE;
• ANY PARTICULAR FINANCIAL, BUSINESS, OR PROJECT RESULT WILL OCCUR.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THESE TERMS MAY NOT APPLY TO YOU.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PREMIER AND ITS AFFILIATES, OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OR OPPORTUNITY; OR LOSS, DAMAGE, DELAY, INJURY, OR COST ARISING FROM MATERIALS, FREIGHT, INSTALLATION, SITE CONDITIONS, USER CONDUCT, PAYMENT REVERSALS, OR SERVICE INTERRUPTION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PREMIER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR A TRANSACTION WILL NOT EXCEED THE GREATER OF:

1. $100; OR
2. THE PLATFORM FEES PAID DIRECTLY BY YOU TO PREMIER DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

THIS LIMIT DOES NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED.

20. Indemnification

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless Premier and its affiliates, owners, officers, employees, contractors, and agents from claims, demands, losses, liabilities, damages, judgments, penalties, fines, taxes, and expenses, including reasonable attorneys’ fees, arising from:

• Your listings, bids, purchases, sales, content, materials, loading, transportation, delivery, installation, or business operations;
• Your breach of these Terms or applicable law;
• Your infringement or violation of another person’s rights;
• Injury, property damage, environmental claim, safety incident, weight violation, product defect, or tax obligation attributable to your conduct or property;
• A dispute between you and another user, except to the extent caused by Premier’s own nonwaivable legal responsibility.

21. Informal Dispute Resolution

Before filing a formal claim against Premier, you must send a written notice describing the dispute and requested relief to support@premierstoneauctions.com and 4004 W. 12th Street.

The parties will attempt in good faith to resolve the dispute for at least 30 days. This requirement does not prevent either party from seeking emergency injunctive relief or filing an eligible small-claims matter.

22. Binding Individual Arbitration and Class-Action Waiver

THIS SECTION REQUIRES ATTORNEY REVIEW BEFORE PUBLICATION.

Except for eligible small-claims matters, intellectual-property enforcement, unauthorized access, or requests for emergency injunctive relief, any dispute arising from these Terms or the Services will be resolved by binding individual arbitration administered by American Arbitration Association (AAA) under its applicable rules and the Federal Arbitration Act.

Arbitration will occur remotely, by documents, or in Minnehaha County, South Dakota, as determined under the applicable rules.

YOU AND PREMIER WAIVE THE RIGHT TO A JURY TRIAL AND AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL ACTION.

You may opt out of this arbitration provision by sending a signed written notice to info@premierstoneauctions.com within 30 days after first accepting these Terms. The notice must include your name, account email, mailing address, and an unambiguous statement that you opt out of arbitration.

If a court determines that a particular waiver or restriction is unenforceable, that portion will be severed or handled by the court to the minimum extent required, while the remainder remains effective.

23. Governing Law and Venue

These Terms are governed by the laws of South Dakota, without regard to conflict-of-law rules, and by applicable federal law.

For disputes not subject to arbitration, the exclusive venue will be the state or federal courts located in Minnehaha County, South Dakota, unless applicable law requires otherwise.

24. Changes to Terms

We may update these Terms. Material changes will be communicated through the Services, email, or another reasonable method. The updated version will state its effective date.

When legally required or operationally appropriate, we may require renewed acceptance before continued bidding, selling, purchasing, or receiving payouts.

25. Miscellaneous

These Terms, incorporated policies, and transaction-specific terms constitute the agreement between you and Premier concerning the Services.

If a provision is unenforceable, it will be modified or severed to the minimum extent necessary. Failure to enforce a provision is not a waiver. You may not assign your rights without our consent. Premier may assign these Terms in connection with a merger, financing, restructuring, asset transfer, or sale.

Sections that by their nature should survive termination will survive, including payment obligations, ownership, disclaimers, liability limits, indemnification, disputes, and recordkeeping.

26. Contact

Premier Holdings LLC
d/b/a Premier Natural Stone Auctions
4004 W. 12th Street
Sioux Falls, South Dakota 57107
Email: info@premierstoneauctions.com