EAGLE EYE BIDS LLC’S TERMS AND CONDITIONS 1. Agreement. These Terms and Conditions, including any documents incorporated by reference and along with any invoice described herein, represent the entire agreement (“Agreement”) between Eagle Eye Bids, LLC (the “Company”) and any individual or entity using the Company’s website (the “Customer”). By using and utilizing www.hibid.eebids.com OR www.eebids.com (the “Website”) to bid on retail items listed for sale by the Company (the “Listed Items”), the Customer expressly agrees to the Terms and Conditions set forth herein and the Terms of Use, incorporated herein by reference. These Terms and Conditions, and any document incorporated herein by reference, are applicable to all services, products, or work provided by the Company regardless of whether such services, products, or work are specifically identified herein. 2. Inspection. The Company makes no guarantees or warranties as to the condition of any Listed Item and the Customer bids on and purchases any Listed Item AS IS. The Listed Items may be previously used and may contain defects and/or faults. The company does not inspect any item prior to sale. Unless stated in the description of the item. ALL REGISTERED AND NON-REGISTERED CUSTOMERS ARE RECOMMENDED TO INSPECT ANY LISTED ITEM AT THE COMPANY’S PHYSICAL LOCATION PRIOR TO BIDDING. LISTED ITEMS ARE AVAILABLE FOR INSPECTION DURING THE COMPANY’S REGULAR BUSINESS HOURS. ANY INSPECTION MUST BE DONE IN THE PRESENCE OF A COMPANY WORKER. CUSTOMERS WILL BE PERMITTED TO OPEN AND REMOVE ITEMS FROM RETAIL BOXES DURING ANY INSPECTION. • Appears New/Like New- Items appear to be in a new condition or visually appear to never have been used or opened. It is still recommended that the item is examined and inspected prior to the auction day. Unless stated in the description, items are not tested for functionality or completeness. • Open Box – Open Box items are items that have clearly been previously opened. Open Box items may be damaged, previously used, or have missing pieces. Unless stated in the description, items are not tested for functionality or completeness. • Damaged – Items marked Damaged have visible damage to the item, including minor cosmetic damage. Unless stated in the description, items are not tested for functionality or completeness. • No Box/Used - Items were received with no box or has signs of previous use. Visible surface damage to the item will be noted in the description. Unless stated in the description, items are not tested for functionality or completeness. 3. Sales. All Listed Items shall have a date and time listed for the close of the sale on the Website. The sale listing on the Website shall constitute the complete offer to sell the Listed Item. It is the Customer’s responsibility to read and understand any terms or other language of each sale listing. The Company reserves the right to withdraw, postpone, or cancel any Listed Item, in its sole discretion, with or without notice. The Company shall have no liability to any person because of any withdrawal, postponement, or cancellation. 4. Bidding. All Customers must have an account on the Website that is registered with and approved by the Company, in its sole discretion, prior to bidding on any Listed Item. In placing a bid on a Listed Item on the Website, the Customer is representing that he/she is at least eighteen (18) years of age or older and is not purchasing the Listed Item for an illegal purpose. Once a Customer places a bid on a Listed Item on the Website, the bid cannot be revoked, removed, or reduced in any way. In placing a bid, the Customer is making a firm commitment and an irrevocable offer to purchase the Listed Item. The Customer with the highest bid at the time the sales closes agrees to and is responsible for purchasing the Listed Item. The Company is not responsible for any computer or other technical errors that could result in a missed bid. 5. Payment. For those Listed Items sold via auction, the Customer with the highest bid at the time the sale closes will be automatically charged via the Customer’s preferred payment method on file. The Customer will be charged the amount of their bid, the applicable sales tax (6%), and a buyers premium of twelve (12%) percent. The Customer will receive an itemized invoice via e-mail at the e-mail address linked to the Customer’s account. In the event the Customer’s preferred payment method on file is declined for any reason, the Customer must pay for the purchased Listed Item within three (3) business days in person at the Company’s physical location. In the event a Customer fails to pay for a purchased Listed Item in full within three (3) business days, the Customer will forfeit the right to the purchased Listed Item, in the Company’s discretion. 6. No Refunds or Returns. ALL SALES ARE FINAL, NO PURCHASE WILL BE REFUNDED AND NO RETURNS WILL BE ACCEPTED. 7. Pick-up. The Company is not responsible for the delivery of any purchased Listed Item. It is the Customer’s sole responsibility to arrange for and pick-up the purchased Listed Item at the Company’s physical location. Customers shall have two (2) weeks from the conclusion of the sale to pick up any purchased Listed Item. In the event a customer fails to pick up any purchased Listed Item within two (2) weeks from the conclusion of the sale, the Listed Item shall be treated as abandoned and the Customer will forfeit the right to the Listed Item. There will be no refunds for Listed Item or Items not picked up in compliance with this provision. Purchased Listed Items may be picked up at the Company’s physical location at 1095 Majaun Rd. Suite A, Lexington KY, 40511 during the Company’s regular business hours. Please note that the Company’s regular business hours are subject to change without notice. Customers will be required to present a valid photo ID containing a name and address that matches the name and address listed on the Customer’s account. Customer’s are permitted to have another individual pick up the purchased Listed Items but must contact the Company prior to pick up to facilitate the pick-up process. Any questions regarding the pick-up of purchased Listed Items should be directed to support@eebids.com. 8. DISCLAIMER OF WARRANTIES/AS-IS SALE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS OF PARTICULAR PURPOSE. ALL RETAIL BOXES AND/OR ITEMS ARE SOLD “AS IS” WITH ALL FAULTS. THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES OF ANY KIND OR NATURE CAUSED BY ANY RETAIL BOX AND/OR ITEM PURCHASED. 9. Prohibited Conduct. Any deliberate attempt to artificially influence the sale price of any Listed Item, directly or indirectly, including but not limited to bidding through a secondary account, agent, or representative, communicating with other bidders, or shill bidding is expressly prohibited. The accounts of bidders and/or other registered users may be disabled and permanently or temporary removed from future sales for any of the following: -- Failure to comply with the Terms and Conditions and/or the Terms of Use. -- Failure to comply with the payment requirements of the Company. -- Failure to pick up any purchases as required. -- Intentional disruption of any sale. -- Suspicious or incomplete registration information. -- Any other conduct deemed inappropriate by the Company in its sole discretion. 10. Not an Auctioneer. In selling any Listed Item, the Company is not acting as an auctioneer and does not maintain any auctioneer license. Moreover, the Company is not bonded. 11. Choice of Law. This Agreement and all related documents, and all matters arising out of or relating to this Agreement, whether sounding in contract, equity, tort, fraud, or statute will be governed by, and construed in accordance with, the laws of the Commonwealth of Kentucky. 12. Forum. Each Party irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of any kind whatsoever against any other party in any way arising from or relating to this Agreement and all contemplated transactions, including, but not limited to, contract, equity, tort, fraud, and statutory claims, in any forum other than the United States District Court for the Eastern District of Kentucky sitting in Lexington, Kentucky or the courts of the Commonwealth of Kentucky sitting in Fayette County, Kentucky, and any appellate court from any thereof. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation, or proceeding only in the United States District Court for the Eastern District of Kentucky sitting in Lexington, Kentucky or the courts of the Commonwealth of Kentucky sitting in Fayette County, Kentucky. Each Party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. 13. Amendments. No amendment to this Agreement is effective unless it is in writing and signed by both the Company and the Customer. 14. Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement. 15. Entire Agreement. This Agreement, together with any other documents incorporated herein by reference, including the Terms of Use, constitute the sole, complete, and entire agreement of the Parties with respect to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter. 16. Wavier. Waiver by the Company of any breach of the terms hereof by the Customer shall not be construed to be a waiver of any subsequent breach. 17. No License. A Customer’s use of the Website and nothing contained on the Website shall be understood as granting the Customer a license to use any of the trademarks, copyrights, service marks, or logos owned by the Company and the Company reserves all rights therein. 18. Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, NO EVENT SHALL THE COMPANY BE LIABLE TO ANY CUSTOMER OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW 19. Indemnification. The Customer agrees to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to their violation of these Terms and Conditions. A MORE READER FRIENDLY VERSION CAN BE FOUND AT - https://www.notion.so/eebids/Eagle-Eye-Bids-HiBid-Terms-and-Conditions-58f52f48c5b94d6bb5711faad52dd6c9 ***Eagle Eye Bids LLC’s Privacy Policy*** **Introduction** Eagle Eye Bids, LLC (**"Company"** or **"We"**) respects your privacy and is committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you or that you may provide when you visit the website [www.eebids.com] OR [www.eebids.hibid.com] (our "Website") and our practices for collecting, using, maintaining, protecting, and disclosing that information. This policy applies to information we collect: - On this Website. - In email, text, and other electronic messages between you and this Website. - When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy. It does not apply to information collected by: - Use offline or through any other means, including on any other website operated by Company or any third party; or - Any third party, including through any application or content (including advertising) that may link to or be accessible from or through the Website. Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (*see* [Changes to Our Privacy Policy](https://www.notion.so/Eagle-Eye-Bids-LLC-s-Privacy-Policy-d6a8ab8ce6204fc79ee057902739c559?pvs=21)). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. **Children Under the Age of 18** Our Website is not intended for children under 18 years of age. No one under age 18 may provide any information to or on the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at [859-421-9006 OR support@eebids.com]. **Information We Collect About You and How We Collect It** We collect several types of information from and about users of our Website, including information: - By which you may be personally identified, such as name, postal address, email address, telephone number, credit card information ("**personal information**"); and/or - About your internet connection, the equipment you use to access our Website, and usage details. We collect this information: - Directly from you when you provide it to us. - Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies. - From third parties, for example, our business partners. *Information You Provide to Us* The information we collect on or through our Website may include: - Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website or purchasing products and/or services. We may also ask you for information when you report a problem with our Website. - Records and copies of your correspondence (including email addresses), if you contact us. - Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website. - Your search queries on the Website. *Information We Collect Through Automatic Data Collection Technologies* As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including: - Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website. - Information about your computer and internet connection, including your IP address, operating system, and browser type. The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to: - Estimate our audience size and usage patterns. - Store information about your preferences, allowing us to customize our Website according to your individual interests. - Speed up your searches. - Recognize you when you return to our Website. The technologies we use for this automatic data collection may include: - **Cookies (or browser cookies).** A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. - **Web Beacons.** Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). **Third-Party Use of Cookies and Other Tracking Technologies** Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. **How We Use Your Information** We use information that we collect about you or that you provide to us, including any personal information: - To present our Website and its contents to you. - To provide you with information, products, or services that you request from us. - To fulfill any other purpose for which you provide it. - To provide you with notices about your account. - To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection. - To notify you about changes to our Website or any products or services we offer or provide though it. - In any other way we may describe when you provide the information. - For any other purpose with your consent. We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria. **Disclosure of Your Information** We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may disclose personal information that we collect or you provide as described in this privacy policy: - To our subsidiaries and affiliates. - To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. - To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Eagle Eye Bids, LLC's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Eagle Eye Bids, LLC about our Website users is among the assets transferred. - To fulfill the purpose for which you provide it. - For any other purpose disclosed by us when you provide the information. - With your consent. We may also disclose your personal information: - To comply with any court order, law, or legal process, including to respond to any government or regulatory request. - To enforce or apply our Terms of Use and/or our Terms and Conditions and other agreements, including for billing and collection purposes. - If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Eagle Eye Bids, LLC, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. **Accessing and Correcting Your Information** You can review and change your personal information by logging into the Website and visiting your account profile page. You may also send us an email at [suport@eebids.com] to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. **Data Security** We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. **Changes to Our Privacy Policy** It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page. If we make material changes to how we treat our users' personal information, we will notify you by email to the email address specified in your account.  You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes. **Contact Information** To ask questions or comment about this privacy policy and our privacy practices, contact us at: [859-421-9006 OR [support@eebids.com](mailto:support@eebids.com)] [1095 Majaun Rd Suite A, Lexington KY 40511] A more reader friendly version can be found at. https://eebids.notion.site/Eagle-Eye-Bids-LLC-s-Privacy-Policy-d6a8ab8ce6204fc79ee057902739c559