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BIDDER REGISTRATION TERMS & CONDITIONS

Auction Spear LLC (ASLLC), www.AuctionSpear.com & www.AuctionSpearLLC.com Terms and Conditions

All Rights Reserved | Auction Spear LLC © 2019

**Revised November 28, 2022

Auction Spear LLC and AuctionSpear.com is an independent provider of online auction platforms Only and does not manage, supervise, or dictate in any way the day-to-day operations of the independent business auction companies that lease space on the Auction Spear website. Auction Spear LLC does not own nor operate any of the independent auction businesses on the Auction Spear website. Each auction company is an independent business, and any Questions, Complaints, Disputes, Concerns, Reviews, etc. Must be resolved directly with the auction company(s) in question.

AuctionSpear.com and its related sites, services, applications, domain names, and tools (collectively, the “Site”) are owned and operated by AUCTION SPEAR LLC and its assigns. dba Auction Spear LLC (“ASLLC,” “us” or “we”) to provide an online auction platform and related services through which goods may be offered through Independent Associate auction companies and bid upon and sold to buyers (the “Services”). For the purposes of this document ASLLC is meant to include all Independent Associate auction companies utilizing the ASLLC provided platform. These terms and conditions (the “ASLLC Terms and Conditions”) govern bidder use and access of the Site and the Services, bidder purchase of goods on the Site, and bidder conduct on the Site. At no point shall ASLLC or its Assigns be a party to contract between an Independent Liquidator and the consignor. Any comments or statements made by an ASLLC representative or Assigns during any ancillary meetings or consultations shall be deemed ‘opinion only’ and shall not be considered or relied upon by the Consignor or bidder when entering a contract with an Independent Associate auction company. All contracts must stand on their own without any input or inherent responsibility of ASLLC or its Assigns.

Please read these ASLLC Terms and Conditions prior to using the Site and the Services. ASLLC provides bidders with access to and use of the Site and the Services subject to compliance with these ASLLC Terms and Conditions and the Site’s Terms of Use and Privacy Policy. Bidder use of the Site and/or the Services constitutes bidder’s express agreement to these ASLLC Terms and Conditions. If bidders do not agree to these ASLLC Terms and Conditions or if bidders are not legally competent to agree to them, then they may not access or use the Site or the Services. These ASLLC Terms and Conditions do not alter the terms or conditions of any other agreement bidders may have with ASLLC.

Registration is FREE to access the auctions and bid, a credit card may be required to verify identity and access the bidding platform and view most auctions. Other membership levels may become available and membership fees automatically renew when a bidder is in good standing and will be charged to credit card on file. For immediate assistance obtaining a bidder number after registering please email ASLLC administration at admin@auctionspear.com. Premier Membership gives bidders the ability to bid on ALL ASLLC Independent Associate auctions including VIP invitation-only auctions. Questions regarding the ASLLC website or registration process may be addressed to admin@auctionspear.com. Questions regarding individual auctions or independent auction companies may be addressed to the auction company in question. Please contact ASLLC if you would like to become an Independent Associate auction business, or if you would like an independent associate auction company to conduct an auction on your behalf.

1. Eligibility to Use the Site and the Services

While using the Site and/or the Services, Bidder agrees that they will not:

• Use the Site or Services if bidder is not able to form a legally binding contract or if bidder is under the age of eighteen (18) years of age;

• Use the Services if bidder has been previously suspended or removed from the Site or engaged in any activity that could result in suspension or removal from the site;

• Manipulate the price of any item without the intent to purchase;

• Circumvent or manipulate ASLLC fee structure, the billing process, any fees owed to ASLLC, or any technical measures ASLLC use to provide the services;

• Fail to deliver payment for items purchased by bidder and associated fees or shipping costs;

• Transfer or share bidder account and bidder number with another party without ASLLC consent;

• Create accounts that misrepresent bidder identity or use the personal information of others;

• Use any automated means to access the Services;

• Access data not intended for bidder or log into a server or account which bidders are not authorized to access;

• Use the Site in any manner that would interfere with, disrupt or inhibit other users from fully enjoying or using the Site or that could damage, disable or impair the functionality of the Site;

• Conduct fraudulent activities including collusion;

• Bid on any items that may be sold only to persons at least twenty-one (21) years old if bidder is under the age of twenty-one (21) years old.

• Use of a prepaid debit card and subsequent non-payment may be considered “intent to commit fraud” and is strictly prohibited. (See Maintenance of payment section 3)

2. Sales

* ASLLC reserves sole and exclusive right to allow access to auction bidding platform and may refuse service to anyone at any time for any reason and without notification including specifically but not limited to abuse of website; collusion & illegal auction activity; non-payment (including any offset charges); any form of online or in person harassment, intimidation or bullying; breach of contract, addendums or contract terms; unauthorized misuse, download or distribution of confidential and proprietary information including subscriber and related; tampering with website, software or usage by themselves or others; slander, libel and false or misleading statements on social media or publicly available internet sites; filing of lawsuits; engaging in predatory behavior to subvert or attract consignors for personal or business gain from other Independent Associates; misuse and distribution of confidential and proprietary contracts or training materials; making false or unsubstantiated claims against Auction Spear LLC, or its related companies, third party affiliates or assigns and generally for any activity or statements that would diminish or undermine the integrity and intangible goodwill of the preceding list of companies and associated Independent Associate auction companies. This list should not be considered complete or all-inclusive and may be periodically updated and revised without notice.

Item Descriptions– Caveat Emptor All items are sold “as is” and bidders are aware that, unless otherwise stated, the items sold on the Site are not new nor in perfect condition, may require touch-up or repairs prior to use and the available information about these items may be limited. Independent associate auction companies which utilize the platform may not list every flaw associated with each item as these are to be expected. In the case of obvious faults (chips, cracks, significant damage, etc.) Independent associate auction companies make a good faith effort to list the fault within the description. Any appraisal statements or valuation statements made are to be utilized only as “Informational” appraisals used to ascertain bidders’ own valuation and relevance and should not be considered an “official” appraisal. Independent associate auction companies may provide descriptions based on its assessment of an item. However, bidder should not assume that independent associate auction companies’ assessment of condition will be the same as bidder’s assessment. It is the bidder’s responsibility to read and review all descriptions and images of an item before bidding, and bidders acknowledge that in posting such descriptions, independent associate auction companies may or may not rely on information provided by the seller.

ASLLC AND INDEPENDENT ASSOCIATE AUCTION COMPANIES MAKE NO, AND EXPRESSLY DISCLAIM ANY, GUARANTEE, WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, TO BIDDERS WITH RESPECT TO ANY ITEM, INCLUDING WITHOUT LIMITATION, CONDITION, MERCHANTABILITY, QUALITY, RARITY, APPRAISALS, VALUATIONS, IMPORTANCE, FITNESS FOR A PARTICUALR PURPOSE, HISTORICAL RELEVANCE OR OTHERWISE.

Extension and Close of Internet Bidding- At the scheduled date and online sale closing period of a sale, auction lot items will begin to close at a predetermined number of items per minute. All online sales may be subject to ASLLC automatic extension system defined as follows: if an item receives a bid with less than three (3) minutes remaining until closing, the close time will be reset to three (3) minutes from the time the lot originally closes and will continue to reset to three (3) minutes with each newly placed bid. The item will not close until three (3) minutes have elapsed with no additional bid activity.

Sales Format– All bids must be placed through the Site. Absentee bidding offline is not allowed. Unless otherwise explicitly stated in the auction or item description, all sales are conducted without reserve by the seller. Unless otherwise explicitly stated by ASLLC in writing, the auction of personal and commercial property through the Service is conducted according to the following guidelines: (i) the property is sold to the highest bidder without reserve; (ii) the auction does requires a one (1) dollar minimum bid; (iii) the auction does not require competing bids of any type by the seller or an agent of the seller; and (iv) the seller of the property cannot withdraw the property from auction after the auction is opened and there is public solicitation for bids; provided, however, that ASLLC reserves the right to withdraw any item from the Site or to amend any content on the Site at any time in its sole discretion and auction companies and agents reserve the right to bid. ASLLC will not be liable to you or any third party if we withdraw an item, amend any content on the Site or deny you access to the Site or the Services.

3. Bidding

Buyer’s Contract- Winning bids placed on the Site represents an irrevocable legal contract and bidders are responsible for paying all amounts due to ASLLC and Independent associate auction companies. If bidders cannot pay for the items or agree to the shipping terms and costs, please do not bid on the items. Buyer is financially obligated for items purchased whether buyer takes possession of items won or not.

Maintenance of Payment Information- To place a bid, bidders may be required to have valid payment information stored in their bidder profile. By providing credit card information to ASLLC, bidder irrevocably authorizes ASLLC to charge bidders credit card for the total purchase amount of any winning bid plus any fees associated with the sale of the item, including but not limited to buyer premium, taxes, shipping and handling fees, and storage fees if applicable. Bidder also agree and acknowledge that they will maintain valid credit card information within their bidder profile so long as they maintain an account with ASLLC and that they are authorized to use the designated payment method. Bidder further permit and allow offset rights to charge any credit card on file for unpaid and outstanding charges because of bidding on any auction utilizing this platform including but not limited to charges, shipping, transportation or removal of items, storage and other related charges as allowed by law and auction specific disclosed Terms & Conditions. ASLLC does not permit prepaid debit/credit cards for registration or payment. ASLLC reserves the right in its sole and absolute discretion to cancel bids or suspend bidding privileges of any user not maintaining valid payment information.

Placing a Bid– Bidder agrees and acknowledges that, in exchange for valuable consideration (including but not limited to the rights to use the Site, use the Services, and participate in the online auction), all bids placed by bidder are irrevocable offers to purchase an item that may not be withdrawn by bidder at any time prior to the close of the auction. Bidder expressly agree that, due to the irrevocable nature of the bids, any cancellation or correction of a bid by ASLLC may result in a previous bid being the highest current bid subject to acceptance at the close of the auction. By placing a bid, bidder expressly agrees that if they are the winning bidder they will pay for their item and agree to any additional handling and shipping fees applicable for shipped items. Bidder is financially obligated for items purchased whether bidder takes possession of items won or not. It is the bidder’s responsibility to understand the pickup and delivery options and costs for each item before a bid is placed. All bids are shown in US dollars and all taxes, shipping, and handling charges are additional. Independent associate auction companies reserve the right to contact first time previously unknown bidders without a prior paid invoice during bidding or an auction with the sole purpose to establish identity and validate bids made.

Minimum and Maximum Bids– When submitting a bid, bidder must raise the bid by a minimum established increment. Bid increments are available below. Bidder may elect to raise the bid by more than the required minimum by entering a higher bid in the “Place Your Bid” box. If bidder enters a higher minimum bid and their bid is the winning bid, bidder agrees to be bound to that bid amount, regardless of any other previous bids. Bidder may also elect to enter a proxy bid in the “Place Your Bid” box. If bidder enters a maximum bid, the system will automatically raise that bid by the specified increments if they are subsequently outbid, up to their designated maximum bid amount (“Maximum Bid”). Maximum Bids are not disclosed. Maximum and/or Minimum Bids do not include any taxes, shipping, buyer premium, or handling fees.

Increasing Bidders Own Bid– The system will permit a bidder to raise their own bid by rebidding on the same item. This is to permit the bidder to raise the price of an item out of the reach of other bidders. If they rebid on an item, their new bid is binding. If a bidder is the current high bidder and want to increase their maximum bid without increasing the current bid, they should enter a higher amount in the “Place Your Bid” box without any minimum bid amount.

Bid Correction/Retraction– As stated above, all bids represent irrevocable offers to purchase that may not be withdrawn prior to the close of the auction. It is bidder’s sole responsibility not to submit erroneous bids. If a bidder submits an erroneous bid more than twenty-four (24) hours before the scheduled close of a sale, they may request a correction by contacting the auction company where the bids are placed. Bid corrections are at the sole discretion of each independent auction company. Bid correction requests will become part of bidder’s user history and are subject to review. Under no circ*mstances will a bid correction request be honored in the final twenty-four (24) hours of a sale. Notwithstanding any of the foregoing, ASLLC and the independent auction companies reserves the right to cancel any bid at any time if, in our sole discretion, ASLLC determine an error was made.

Bidding Notices– For bidder’s convenience, ASLLC may provide certain e-mail, push, and SMS communications regarding the status of ongoing sales. These communications are provided as a courtesy only and are not official bid status communications. The failure to receive a notification of a winning bid does not relieve bidders from their contractual obligations as the winning bidder. To confirm the status of current bids, visit the “Your bids” page in the bidder account. Bidder expressly agree that the display of the highest bid and the status of current bid on the Site at the close of the auction are both accepted means of acceptance of their bid by the seller. The bid history reflected on the ASLLC system supersedes any e-mail, push, or SMS communication in dispute resolutions.

Shill Bidding– Bidder represents and warrants that they will not engage in shill bidding. Shill bidding happens when anyone (including family, agents, friends, employees, or online acquaintances) bids on an item with the intent to artificially increase its price or desirability, usually on behalf of the seller. Bidder will be held liable for and agree to indemnify and hold harmless ASLLC against any damages incurred by ASLLC due to their related shill bidding.

4. Payment

Payment Forms Accepted- If bidder has placed the winning bid on an item that is eligible for in person pickup, they can pay for their purchases per each independent associate auction companies accepted payment forms as listed in their terms and conditions, during the designated removal and payment times listed. Winning bidders with questions of how to make payment should contact the Independent Associate auction company directly. If bidders do not elect a fulfillment method and they do not pick the item up during the scheduled pickup time outlined, The independent associate auction company reserves the right to charge bidders payment method on file for the total purchase price of the item plus any applicable handling and storage charges. Bidder hereby expressly grants the independent associate auction company the right to hold a winning item until confirmation of cleared funds has been received.

Please check the Terms & Conditions listed for each auction to ascertain which payment methods will be available. There may be instances where auctions are held in remote locations with no electricity, Internet, or cell service. In those cases, cash may be required so please check the details page of each auction in which bidders have participated. Cashier’s Checks, Company checks, or personal checks are not accepted. A Buyer's Premium (usually 18%) applies to all final bids.

Sales Tax– All sales are subject to appropriate state sales and use tax laws. Tax exempt buyers must provide the appropriate state sales tax exemption certificate prior to the end of the sale. Upon acceptance and validation of such information by independent associate auction companies, bidder’s future purchases may not be taxed if they are still eligible for tax exemption. Bidders may be required to update certificates on file periodically as deemed necessary by each independent associate auction company. Independent associate auction companies require a sales tax exemption certificate for each state in which an exemption is claimed.

Agricultural sales Tax exemptions- Items purchased for use in agricultural production must qualify for tax exemption per the Texas Agricultural sales tax exemption publication #96-1112. Bidder acknowledges that per this publication, only materials specifically identified on list utilized exclusively on a farm or ranch to produce agricultural products which will be sold AND when bidder has an agriculture/A G Timber number.

Failure to Pay– Any items not paid for in accordance with the ASLLC Terms and Conditions and stated pickup dates and times or within prescribed negotiated agreement with the Independent Associate auction company directly will be forfeited by the bidder and the independent associate auction company may, in its sole and absolute discretion, resell or dispose of the items as well as donate the items to a charity of their choosing. ASLLC reserves the right to charge any payment option bidders have on file and/or to report their account to collections for the combined total of the original invoice amount and any storage, moving or disposal charges and bidder may be responsible for any charges incurred by ASLLC in collecting their payment.

5. Fulfillment

Should bidder place the final winning bid on an item, a link for the invoice will be emailed to them with instructions. Bidders may also view their invoices by logging into their Auction Spear account and clicking on the “invoices” tab.

Pickup Option– Certain sales and items may have a designated pickup time and location. Before bidding, bidders should confirm whether they can pick up their item at the designated time and location. Bidders must provide their own tools, equipment, labor, and transportation to facilitate safe removal of their item(s). Plan accordingly for large or bulky items. Be prepared to show identification to pick up their item(s). Purchases will be released upon presentation of proof of payment. ASLLC will not be liable for any damages created or incurred by bidder upon the pickup or transport of their item(s).

Communication is essential to providing quality auction service. If bidders are unable to pick up during the indicated pick up days and times, please communicate with the auction company to identify other options that may be available to bidders. It is best to call directly as there may be instances where poor Internet capabilities and cell phone access limits Independent Associate’s ability to receive email in the field or onsite. Independent Associates may work with bidders to the best of their ability but in many instances, they have only limited physical access and/or limited time to onsite locations to conduct and finish the auctions. Independent Associates make every effort to bring the best auction possible and their contact information can be found on the details page, team member’s page and on bidder invoices. In some cases, it is possible to lose bidding membership privileges – even if the item purchased is only $1. Non-communication may also result in suspended bidding privileges until the outstanding invoice is rectified. Bidding on an item(s) signifies a binding contract. Buyer is financially obligated for items purchased whether buyer takes possession of items won or not.

Delivery–Independent associate auction companies may utilize third party shipping and delivery companies and contractors for packaging, handling, and delivery of most items. Please be aware that not all items are eligible for shipping. The final shipping cost is subject to insurance cost based on the final bid price and occasional fluctuations in fuel surcharges from common carriers. (Shipping quote insurance calculations prior to the end of the sale are based on the current bid value.) If bidders intend to have an item delivered, it is the bidder’s responsibility to understand the potential delivery costs before placing a bid. Independent Associate’s shipping agent may contact bidders directly after the auction to arrange for delivery. All delivered items must be paid prior to delivery or delivery may be suspended until payment is completed. Delivery personnel do not transact any payments. Delivery payments do not include labor tips (if applicable). Auction companies will use reasonable efforts to ship the merchandise within fifteen (15) business days after the scheduled sale removal and payment date. When a bidder wins an item, any shipping times the auction company provides are estimates only and actual delivery dates may vary. Bidders acknowledge that some items may have a longer processing period such as large or crated items which may take six (6) to eight (8) weeks for delivery.

Alternate Pickup- In certain locations, auction companies may provide an alternative pickup location. If an alternative pickup location is available, it will be detailed in the item view. Additional fees may apply to have an item available at a designated alternative pickup location. Conditions regarding failure to pay and failure to pick up apply to alternate pickup locations.

Handling Fee– Items which must be moved from one location to another to permit alternate pickup arrangements may be subject to a minimum handling fee at a rate determined by each individual auction company. Bidders agree that an auction company may charge a higher handling and storage fee, in its reasonable discretion, for certain items which are difficult to transport and store.

Title and Risk of Loss– Subject to these ASLLC Terms and Conditions, title, and risk of loss to purchased items will transfer from the seller to bidder upon the completed processing and receipt of bidder’s payment by the independent associate auction company made in accordance with these terms. ASLLC and the auction companies are not responsible for insuring items while in the auction companies’ possession. Upon the transfer of risk of loss to bidders, they agree to maintain adequate insurance coverage on such items located on auction site premises. If bidders take possession of any purchased item before the completed processing and receipt of their payment by the auction company, the risk of loss will transfer to the bidder upon taking possession.

ASLLC or the Independent Associate auction companies and associates or their affiliates are not responsible for loss, theft, or damage. All merchandise becomes the responsibility of the buyer when they become the highest bidder. Independent Associates take customary and reasonable precautions to protect items until bidders obtain possession, but every auction location is different and ASLLC nor the auction company cannot guarantee security. In the case of loss, theft, or lockout, ASLLC’s and the auction company’s liability is limited to a refund of the amount paid for the items missing or unrecovered. No bailees clause is accepted by ASLLC or any of the Independent Associate auction companies. All sales are final. Absolutely no refunds. Please check to be sure bidder amounts placed are correct. Once bids are placed, they cannot be removed. No merchandise may be removed until the conclusion of the auction, and only when accompanied by a paid receipt and valid identification.

Failure to Pick up– IN THE EVENT THAT BIDDERS FAIL TO PICKUP OR DESIGNATE SHIPPING FOR THEIR ITEMS IN ACCORDANCE WITH THE ASLLC TERMS AND CONDITIONS, BIDDERS HEREBY AUTHORIZE ASLLC OR THE INDEPENDENT ASSOCIATE AUCTION COMPANY TO CHARGE THEIR CREDIT CARD FOR THE PURCHASE AMOUNT OF THE ITEM(S) PLUS ANY TAXES, BUYER PREMIUM, STORAGE FEES, SHIPPING AND HANDLING FEES OR ANY OTHER ASSOCIATED FEES. WHEN PICK-UP IS SELECTED BY BIDDERS OR IS THE ONLY OPTION, IF BIDDER FAILS TO PICK-UP ANY ITEMS AT THE SPECIFIED TIME OR DESIGNATE A SHIPPING OR FULFILLMENT OPTION WITHIN THREE (3) DAYS OF CLOSE OF BIDDING, BIDDERS WILL BE CONSIDERED TO HAVE ABANDONDED AND FORFEITED THE ITEMS. BIDDERS AGREE THAT TITLE FOR ABANDONED ITEMS WILL AUTOMATICALLY TRANSFER TO THE INDEPENDENT ASSOCIATE AUCTION COMPANY WITHOUT ANY FURTHER ACTION BY THE BIDDER. BIDDERS EXPRESSLY AGREE THAT FAILURE TO RECEIVE ANY ITEM(S) IN THE EVENT OF ABANDONEMENT DOES NOT RELEIVE THEIR OBLIGATION TO PAY FOR THE ITEM OR ANY OTHER FEES. AT A MINIMUM, BIDDERS MAY BE CHARGED THE AMOUNT OF THEIR BID PLUS BUYERS PREMIUM AND SALES TAX TO SATISFY PAYMENT OBLIGATIONS TO THE SELLER AND ASLLC. THE AUCTION COMPANY MAY IN ITS ABSOLUTE AND SOLE DISCRETION, RESELL THE ITEMS, DISPOSE OF, OR DONATE THE ITEMS TO A CHARITY OF THEIR CHOICE. THE AUCTION COMPANY RESERVES THE RIGHT TO CHARGE THE CREDIT CARD ON FILE FOR ANY MOVING, STORAGE OR DISPOSAL FEES AND WILL NOT REFUND PAYMENT FOR THE ITEMS. ASLLC RESERVES THE RIGHT OF OFFSET TO CHARGE ANY OUTSTANDING FEES DUE TO ANY CREDIT CARD ON FILE TO FULFILL ANY PAYMENT OR CHARGE OBLIGATIONS.

Liquidated Damages– Bidders acknowledge and agree that the remedies afforded to ASLLC in the “Failure to Pay” and “Failure to Pick up” paragraphs of these ASLLC Terms and Conditions (the “Liquidated Damages”) constitute compensation and not a penalty. The parties acknowledge and agree that, due to the nature of ASLLC’s Services and online auction sales generally, the harm caused by a breach as contemplated in the previously mentioned paragraphs would be impossible or exceedingly difficult to accurately estimate, and that the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise from a breach. Bidders’ payment of the Liquidated Damages is ASLLC’s exclusive remedy for the breaches contemplated in the “Failure to Pay” and “Failure to Pick up” paragraphs of these ASLLC Terms and Conditions. By accepting Terms and Conditions, bidders surrender and forego all rights to file or participate in any class action lawsuits and agree to participate in binding arbitration.

6. Returns

Caveat Emptor All items on the Site are sold “as is – where is”.Independent Associate auction companies may or may not accept returns in cases of material errors in the item description, or item photographs made by the Independent Associate auction companies, as determined by the auction company in its sole discretion. Any claims submitted for review under Independent Associate auction company return policies must be received within three (3) days of the earliest of delivery or bidder taking possession of the item. Notwithstanding any language to the contrary, the auction company in its absolute and sole discretion may or may not accept a return under this policy.

7. Indemnity

Bidders will indemnify, defend and hold ASLLC (and ASLLC affiliates and subsidiaries, and ASLLC and their respective officers, shareholders, directors, employees, agents) harmless from any claim or demand (including reasonable legal fees) whether direct or indirect: (i) made by any third party due to or arising out of bidders breach of these ASLLC Terms and Conditions, bidders improper use of the Services or bidders breach of any law or the rights of a third party; and/or (ii) relating to damage to person or property, including death, relating in any way to the items purchased by bidders through the Site and/or the Services, including, but not limited to, the shipment from, and moving of such items on, the independent associate auction company premises; except to the extent such losses are caused by the gross negligence or willful misconduct of ASLLC.

8. Limitation of Liability

BIDDERS AGREE THAT ASLLC IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF CARRIERS IN PACKING OR SHIPPING OF PURCHASED LOTS, WHETHER SUCH CARRIERS IS RECOMMENDED BY ASLLC OR NOT. BIDDERS ALSO ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL ANY SELLER OR ASLLC OR ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS, AFFILIATES OR THIRD PARTIES BE LIABLE TO ANY USER OF THE SITE OR SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER IN CONTRACT, WARRANTY, TORT OR OTHERWISE, EVEN IF ASLLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, ASLLC’S TOTAL LIABILITY FOR ANY REASON AND UPON ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, WARRANTY, TORT OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT OF MONIES PAID BY BIDDERS TO ASLLC HEREUNDER IN THE PRECEDING THREE (3) MONTH PERIOD. BIDDERS IRREVOCABLY WAIVE AND DISCLAIM ANY RIGHT THEY MAY HAVE TO BRING AN ACTION FOR OR TO THE REMEDY OF SPECIFIC PERFORMANCE AGAINST ASLLC OR ANY SELLER OF AN ITEM. BIDDERS HEREBY ACKNOWLEDGE THAT THESE LIMITATIONS ON LIABILITY WILL APPLY TO ALL MERCHANDISE, SERVICE AND CONTENT AVAILABLE THROUGH ASLLC, THE SERVICES AND THE SITE.

9. Miscellaneous

Changes to the ASLLC Terms and Conditions– ASLLC reserves the right, at its sole discretion, to change, modify, add, or remove any portion of the ASLLC Terms and Conditions, in whole or in part, at any time, and may post the revised version on the Site. Changes to the ASLLC Terms and Conditions will be effective when posted. Bidders continued use of the Site and/or the Services after any changes to the ASLLC Terms and Conditions are posted will be considered acceptance of those changes.

Notices to Bidders– ASLLC may provide any notice to bidders under these ASLLC Terms and Conditions by: (i) sending a message to the e-mail address bidders provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when ASLLC send the e-mail and notices ASLLC provide by posting will be effective upon posting. It is the bidder’s responsibility to keep their e-mail address and all contact information current. By agreeing to these Terms & Conditions and through the act of bidding bidders agree that ASLLC may, upon occasion, make available basic information to ASLLC affiliates, 3rd parties and vendors to make offers which may be of interest and bidders agree to allow ASLLC to share contact information with Independent Associates, shipping agents and delivery drivers to adequately provide such services and to expedite business.

Notices to ASLLC– To give ASLLC notice under these ASLLC Terms and Conditions, bidders must contact ASLLC as follows: ASLLC Inc. Attn: Legal 5900 Balcones Drive Suite 100, Austin, TX 78731. ASLLC may update the contact information for notices by posting a notice on the Site or amending these ASLLC Terms and Conditions. Notices will be effective when received by ASLLC.

No Waiver– Any waiver of any provision of the ASLLC Terms and Conditions by ASLLC must be made in writing and signed by an authorized representative of ASLLC specifically referencing the ASLLC Terms and Conditions and the provision to be waived.

Cumulative Remedies– All rights and remedies provided to ASLLC are cumulative and not exclusive, and the exercise by ASLLC of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, in any other agreement between the parties or otherwise. Despite the previous sentence, the parties intend that ASLLC’s right to Liquidated Damages is its exclusive remedy for bidder’s breach of certain obligations as specified in the Liquidated Damages paragraph.

Severability– If any term or provision of these ASLLC Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these ASLLC Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal, or unenforceable, the court may modify these ASLLC Terms and Conditions to affect the original intent of the parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

Force Majeure– ASLLC will not be liable or responsible to bidders, nor be deemed to have defaulted or breached these ASLLC Terms and Conditions, for any failure or delay in performance hereunder when and to the extent such failure or delay is caused by or results from acts or circ*mstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, Pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Assignment– Bidders will not assign any of their rights or delegate any of their obligations under these ASLLC Terms and Conditions without ASLLC’s prior written consent. Any purported assignment or delegation in violation of this paragraph is null and void. No assignment or delegation relieves bidders of any of their obligations under these ASLLC Terms and Conditions. ASLLC may assign or transfer these ASLLC Terms and Conditions and/or its rights and/or obligations hereunder.

Governing Law- These ASLLC Terms and Conditions shall be governed in all respects by the laws of the State of Texas, without regard to conflict of law provisions. Bidders agree that any claim or dispute they may have against ASLLC must be resolved exclusively by a state or federal court located in Tarrant County, Texas, and bidders hereby irrevocably and unconditionally consent to the sole and exclusive jurisdiction of such courts for any such claims or disputes.

Entire Agreement– These ASLLC Terms and Conditions, ASLLC website Terms of Use (available here) and ASLLC Privacy Policy (www.AuctionSpear.com) will be deemed the final and integrated agreement between bidders and ASLLC on the matters contained in these ASLLC Terms and Conditions. Copyright© 2021

Bidding Increments:

$0.01 - $2.50 $0.25

$2.51 - $10.00 $0.50

$10.01 - $100.00 $1.00

$100.01 - $2,500.00 $10.00

$2,500.01 - $5,000.00 $25.00

$5,000.01 - $10,000.00 $100.00

$10,000.01 - $25,000.00 $250.00

$25,000.01 - $100,000.00 $500.00

$100,000.01 - $250,000.00 $1,000.00

$250,000.01 - $2,500,000.00 $2,500.00

**Revised on November 28, 2022

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