DirectBids Terms and Conditions Applicable To Buyers

The following Terms and Conditions govern the relationship between Direct Bids, LLC ("DirectBids", "we," or "us") and all Buyers, website registrants, and users, and their agents. "Buyer" means any person or entity that is a winning bidder in an auction or who otherwise has agreed to purchase goods through DirectBids. If you are using our Websites, services or tools on behalf of your employer or another third party, the term "you" or "User" includes that employer or third party, and you represent that you are authorized to bind such party to these Terms and Conditions.

1. ACCEPTANCE OF TERMS

By registering for an account, placing a bid, or purchasing goods through our Websites, you agree that the current version of these Terms and Conditions, as posted on our Websites, will apply to you.

2. LIMITED LICENSE

We grant you a nonexclusive, limited, revocable license to access and make personal use of the Websites www.directbids.com (the "Websites"). We further grant you a limited, nonexclusive and revocable right to create a hyperlink to the homepage of the Websites so long as the link does not portray the Websites, us, any seller or other party using the Websites, or our or their respective affiliates or products or services in a false, misleading, derogatory, or otherwise offensive matter.

3. USING THE WEBSITE

While using the Websites or associated services, you will not:

• violate laws or third-party rights;
• use the Websites if unable to form legally binding contracts;
• fail to timely pay for any lot on which you placed a winning bid or agreed to purchase;
• withdraw, cancel, or modify any bid once submitted;
• manipulate pricing or interfere with listings;
• circumvent fees or billing processes;
• post false or misleading content;
• transfer your account without consent;
• distribute harmful technologies;
• use automated access tools without permission;
• copy or distribute Website content;
• harvest user data without consent.

All bids are binding and irrevocable.

4. ABUSES OF THE WEBSITE

Without limiting any other remedy, we may, in our sole discretion, limit, suspend, or terminate any user’s account or access to the Websites; exclude a user from an auction; block registration; delay or remove content; cancel bids; or take technical or legal steps to prevent misuse if we believe a user is creating legal risk, violating rights, or acting inconsistently with these Terms. We reserve the right to cancel unconfirmed or inactive accounts, exclude bids, and modify or discontinue the Websites or services at any time.

5. TRADEMARKS

All logos, graphics, text, service marks, trademarks, and trade dress displayed on the Websites are the property of DirectBids or its licensors. They may not be used without prior written consent. All third-party trademarks remain the property of their respective owners.

6. REGISTRATION

Registration is required to bid or purchase. You represent that all information provided is true, accurate, and complete and agree to update it as necessary. DirectBids reserves the right to reject registration or require additional identity or business verification at its discretion.

7. ELIGIBILITY

You must be at least 18 years old. You must register under your legal name and be authorized to bind any business you represent. DirectBids may suspend or terminate any account that provides false, misleading, or incomplete information.

8. USER ACCOUNTS

You are responsible for safeguarding your account credentials and for all activity under your account. You are responsible for all bids, purchases, and obligations incurred under your account, whether authorized by you or not.

9. COMMUNICATION

By registering, you consent to receive communications from DirectBids, including transactional, administrative, and marketing communications. Essential Communications include purchase confirmations, payment notices, account alerts, and other operational messages and cannot be opted out of. Non-Essential Communications (marketing, newsletters, etc.) may be opted out of at any time. All communications comply with applicable data protection laws.

10. AUCTION BIDS, PURCHASING AND TRANSFER OF TITLE

All bids submitted are binding and irrevocable. Winning bids constitute a legally binding obligation to purchase the applicable lot. Payment must be made in full in accordance with the invoice terms. If payment is not received when due, DirectBids may charge any payment method on fi le and pursue any lawful remedies available. Initiating or authorizing a chargeback constitutes a material breach of these Terms. Buyer agrees to reimburse DirectBids for any fees, costs, expenses, or losses incurred in responding to or reversing such chargebacks. DirectBids acts solely as a disclosed agent for the seller of each lot. DirectBids does not take title to auctioned property. Title transfers directly from the seller to Buyer upon payment in full. DirectBids does not inspect or guarantee the quality, accuracy, or condition of any lot and does not guarantee seller performance. Buyer releases sellers, DirectBids and its affiliates, officers, directors, employees, and agents from all claims, demands, and damages arising out of or related to any dispute concerning purchased lots. Failure or inability to inspect property does not relieve Buyer of responsibility for payment or removal.

11. WARRANTIES

ALL AUCTION MERCHANDISE IS SOLD "AS IS," "WHERE IS," AND "WITH ALL FAULTS." DIRECTBIDS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR CONDITION. Descriptions, photographs, and listing information are provided for convenience only and are not guaranteed. Buyer is solely responsible for inspection and verification prior to bidding. All sales are final. Buyer is solely responsible for determining eligibility to purchase, transport, use, or resell any lot and for complying with all applicable laws.

12. REMOVAL REQUIREMENTS

All property must be removed by the date and time stated on the invoice (the "Removal Deadline"). Removal is at Buyer's sole risk and expense. Buyer must remove all items in their lot. Failure to remove property by the Removal Deadline will result in the property being deemed abandoned. Buyer forfeits all rights, title, and interest without refund. DirectBids may resell or dispose of abandoned property without notice. Buyer remains liable for any deficiency, costs, damages, or storage fees incurred. Failure to remove merchandise does not relieve Buyer of payment obligations. Buyer is responsible for any damage to premises during removal and for any personal injury arising from removal activities. Buyer indemnifies and releases DirectBids from all related claims.

13. INDEMNITY

You agree to indemnify and hold harmless DirectBids and its affiliates, officers, directors, employees, and agents from any claims, losses, damages, liabilities, costs, or expenses (including legal fees) arising out of:

• your use of the Websites or services; or
• your breach of these Terms.

14. DISPUTE RESOLUTION

Any dispute arising from these Terms or use of the Websites shall first be subject to good-faith negotiation. If unresolved within 30 days, disputes shall be resolved by binding arbitration under the Commercial Rules of the American Arbitration Association. Arbitration shall occur in Austin, Texas before a single arbitrator. Texas law governs. The Federal Arbitration Act applies. Each party bears its own legal costs. Class actions are waived. Consequential and punitive damages are excluded to the fullest extent permitted by law.

15. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL DIRECTBIDS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. DirectBids’ total liability for any claim shall not exceed the total fees actually paid to DirectBids in connection with the applicable transaction(s).

These Terms constitute the entire agreement between you and DirectBids regarding your use of the Websites and participation in auctions. We may amend these Terms by posting updated Terms on the Websites. Continued use constitutes acceptance. If any provision is held unenforceable, the remaining provisions remain in effect. California residents may contact the Department of Consumer Affairs as provided under Cal. Civ. Code § 1789.3.

17. COPYRIGHT INFRINGEMENT AND THE DMCA

DirectBids responds to valid notices of copyright infringement under the Digital Millennium Copyright Act (DMCA). If you believe your intellectual property rights have been violated, you must submit a written notice containing all legally required elements, including identification of the work, location of the alleged infringement, contact information, good faith statement, and statement under penalty of perjury. Repeat infringers may have their accounts terminated.