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.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