The Auction Bidness, LLC Terms & Conditions of Sale 2023 The following Conditions of Sale, as amended by any published or posted notices or verbal announcements during the sale, constitute the entire terms and conditions on which property listed in the catalog shall be offered for sale or sold by The Auction Bidness, LLC and any consignor of such property for whom The Auction Bidness acts as agent. By participating in this sale, you agree to be bound by these terms and conditions. 1. All items are sold AS IS, WHERE IS with all faults. ALL SALES ARE FINAL - NO REFUNDS AND NO EXCHANGES- NO EXCEPTIONS. WE AND THE CONSIGNOR DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NO WARRANTIES ARE MADE THAT ANY OF THE MERCHANDISE COMPLIES WITH ANY APPLICABLE GOVERNMENTAL RULES, REGULATIONS OR ORDINANCES OF ANY KIND OR NATURE WHATSOEVER. The Auction Bidness, LLC believes to the best of its knowledge that the information provided in any auction has come from reliable sources. However, such information is presented solely for the convenience of the prospective purchasers. All items are available for inquiries prior to bidding. Written and oral descriptions are our opinions and should in NO WAY be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. The Auction Bidness, LLC aims highly to catalog every lot correctly and will attempt to highlight any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. We recommend prospective bidders examine all items in which they have an interest. By placing a bid, either in person, by phone, absentee or via the Internet, you signify that you have examined the items as fully as you desire to or that you have chosen not to examine them. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you have an expert examine the lot for you or do not bid on the item in question. documentation for removal of state sales tax. 2. No bid can be accepted from any person who is not of legal age. All bidders must register and provide correct name, address, phone number, email address, and valid credit card information prior to placing a bid. All registration information must be complete or the bid will not be acknowledged. The Auction Bidness, LLC reserves the right to refuse service at its own discretion. 3. The buyer agrees to pay all applicable sales tax in their state unless they have provided The Auction Bidness, LLC with documentation for removal of state sales tax. 4. When an item is sold subject to reserve (a confidential minimum price below which the lot will not be sold), only bids in excess of that reserve will be recognized. All lots sold with a reserve will be marked as such in the catalog. 5. The Auction Bidness, LLC reserves the right to withdraw any item at any time before its actual final sale, including during online bidding if The Auction Bidness, LLC believes there may be error or dispute concerning the bid or lot. We further reserve the right to cancel the sale of an item due to lack of interest or technical issues. 6. Payment must be made immediately following the auction in U.S funds by cash (in-house auctions only), wire transfer, cashier’s check, money order, Visa/Mastercard/Discover/American Express credit card (a 3% convenience fee will apply 7. All sales are final. NO REFUNDS and NO EXCHANGES -NO EXCEPTIONS will be given under any circumstances; all sales are considered 'final'. Buyer is responsible for the item upon successful winning bid. Title passes to buyer at the fall of the hammer, success of online bidding, or verbal agreement by The Auction Bidness, LLC staff. The highest bidder acknowledged by The Auction Bidness, LLC shall be the purchaser of that lot. If a dispute arises between two or more bidders at an auction, The Auction Bidness, LLC reserves the right to reopen bidding as it deems appropriate in its sole discretion. In cases of dispute we reserve the right to re-sell said lot. 8. All purchases must be paid for in full on the day of sale and no later than 72 hours after the close of the auction. The Auction Bidness, LLC reserves the right to void any transaction if payment is not made in full at the conclusion of the auction. The buyer's premium is 25% and applies to all lots purchased. All bids are per lot as numbered in the catalog and no lot shall be divided for sale. We accept cash, money orders, travelers checks, wire transfers or certified funds. Credit cards will be accepted with additional 3.50% surcharge (credit card terms). 9. PAYMENT: When you receive your invoice, you will have the option to pay through the second email received. We send out the Proxibid detailed invoice with all fees, costs, and in-depth breakdown of all lots won along with a separate email where you can remit payment in the full amount shown on the Proxibid invoice. We accept: Debit & Credit Cards (Visa, MasterCard, Discover and American Express), (ACH) bank wire transfers, cashier's checks, & money orders. For items purchased online, you will be emailed an invoice after the auction's close. The invoice includes any and all costs including shipping, handling, insurance, and sales tax. If payment cannot be made within three days, it is YOUR responsibility to contact us at (302) 260-6848, or email us to make arrangements. IF YOUR INVOICE IS OVER $2,499.99, YOU MAY NOT PAY WITH ANY PAYMENT METHODS BUT A WIRE TRANSFER. CONTACT US IMMEDIATELY if you are unable to pay through our online check-out system within the three day span. If paying by check, money order, or cashier's check, The Auction Bidness, LLC reserves the right to hold all purchases until the check has cleared to the satisfaction of The Auction Bidness, LLC and its bank. If we are prevented by fire, theft, or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid, by the purchaser for such property. Payment is expected immediately following the end of the auction, once the invoice is received, and at the latest, within THREE DAYS after the auction closes. AN INVOICE WILL BE SENT OUT WITHIN 24-48 HOURS OF THE AUCTIONS CLOSE. If you cannot make the payment within the 72 hour span of time, you MUST contact us to make other arrangements. The successful bidder is the highest bidder acknowledged by the auctioneer. In the event of any dispute between bidders, or in the event of doubt on The Auction Bidness, LLC part as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, The Auction Bidness, LLC sale record is conclusive. 10. The purchaser assumes full responsibility for items and all fees incurred with purchase at the fall of the hammer. 11. There is a buyer's premium of 25% added to the Hammer price in this auction. There is a 3.50% Credit Card Convenience Processing Fee added to the total order. 12. For all residents of California, 10.50% sales tax will be added to your invoice. 13. The Auction Bidness, LLC reserves the right to withdraw any lot at any time before, during, or after the auction without liability. 14. The auctioneer reserves the right to reject any bid at any time and as the discretion. 15. A range of estimates is given on each lot with a low and a high estimate. Estimates should not be relied on as a prediction of the actual selling or resale price. Unless specifically stated "genuine", "authentic", or other synonymous adjectives that correlate with these words, all lots shall be evaluated by bidders' own conclusions. WE DO NOT OFFER ANY GUARANTEES, SOLD AS-IS WHERE-IS, NO WARRANTIES, NO REFUNDS, NO EXCHANGES, NO EXCEPTIONS. 16. On the fall of the auctioneer's hammer, ownership of the offered lot will pass to the highest bidder acknowledged by the auctioneer, subject to fulfillment by such bidder, of all the conditions set forth herein, and such bidder thereupon: a) Assumes full risk and responsibility thereof, but not limited to, insurance, fire, theft, removal and storage or damage from any and all causes, and b) Will pay the full purchase price thereof or such part as we may require. In addition to other remedies available to us by law, we reserve the right to impose a late charge of 5% per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. We also reserve the right to charge the full amount, late fees, restocking, buyers premium, and taxes for an item that has an unpaid invoice after 5 days total close of the auction. THIS MEANS bidders WILL STILL HAVE TO PAY IN FULL FOR THE ITEM/ALL FEES included, BUT BIDDERS WHO MAKE NO PAYMENT, ARRANGEMENTS FOR, OR HAVE MADE NO CONTACT AT ALL, WILL NOT RECEIVE THE ITEM. WE DO THIS TO ENSURE FAIR BIDDING FOR ALL OTHER BIDDERS, OUR CONSIGNORS, AND COMPANY AND USE THIS AT OUR SOLE DISCRETION. i.***REGARDING ANY PURCHASER WHO IS REPRESENTED BY A BIDDER: BIDDERS ARE PERSONALLY AND INDIVIDUALLY RESPONSIBLE FOR ANY OBLIGATIONS OF THE PURCHASER SET FORTH IN THE TERMS AND CONDITIONS OF SALE. BIDDERS ARE NOT AGENTS FOR THE PURCHASER OR FOR ANY THIRD PARTY. BIDDERS MUST DISCLOSE TO THE AUCTIONEER ALL INFORMATION RELATING TO THE IDENTITY OF THEIR PRINCIPAL, IF ANY, AT THE TIME OF REGISTRATION AND BEFORE ANY BID IS PLACED. ONCE A BID IS PLACED ON BEHALF OF A PURCHASER, THAT BIDDER SHALL BE PERSONALLY RESPONSIBLE FOR ALL OBLIGATIONS SET FORTH IN THESE TERMS AND CONDITIONS OF SALE IN FULL. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to us and the Consignor by law, including, without limitation, the right to hold the purchaser liable for the total purchase price, we at our option may either, a) Cancel the sale, retaining as liquidated damages all payments made by the purchaser, or b) Resell the property at public auction without reserve, and the purchaser will be liable for any deficiency costs including handling charges, the expenses of both sales, our commissions on both sales at our regular rates, reasonable attorney's fees, incidental damages, and all other charges due hereunder. c) In the event that such a buyer pays a portion of the purchase price for any or all lots purchased, The Auction Bidness, LLC shall apply the payment received to such lot or lots that The Auction Bidness, LLC, in its sole discretion deems appropriate. In the case of default, the purchaser shall be liable for legal fees and expenses. In addition, a defaulting purchaser will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchaser's obligations to us, any property in our possession owned by such purchaser. 17. In the unlikely event we lose our internet connection, The Auction Bidness, LLC reserves the right in its sole and absolute discretion to cancel the remainder of the auction. 18. ***Auctioneer has final discretion on the sale of an item. AUCTIONEER'S WORD IS*** 19. Unless the sale is advertised and announced as "without reserve", each lot is offered subject to a reserve and the Company may implement such reserves by bidding through its representatives on behalf of the Consignors. In certain instances, the Consignor may pay less than the standard commission rate where the Company or its representative is a successful bidder on behalf of the Consignor. Where the Consignor is indebted to the Company, the Company may have an interest in the offered lots and the proceeds there from other than the broker's Commissions, and all sales are subject to any such interest. 20. In no event shall The Auction Bidness, LLC liability for any breach, or act or omission exceed the Purchase Price (as defined herein) actually paid by the buyer, and in no event shall The Auction Bidness, LLC have any liability under any circumstances for special, indirect, incidental or consequential damages (including for loss of profits or revenue, costs of obtaining alternative property, claims of customers of buyer or otherwise), whether in contract, tort, negligence, strict liability, or otherwise, arising out of, resulting from or in any way relating to the lot or its purchase, sale, delivery or non-delivery, or the acts or omissions of The Auction Bidness, LLC. 21. BREACH OF CONTRACT CONSEQUENCES LIQUIDATED DAMAGES: IN THE EVENT THAT YOU BID AND ARE DEEMED THE WINNER OF AN ITEM BY The Auction Bidness, LLC., BUT FAIL TO MAKE PAYMENT IN ACCORDANCE WITH THE INVOICE SENT TO YOU OR CLAIM A DISPUTE WITH ANY THIRD-PARTY PAYMENT INTERMEDIARY, SUCH AS A CREDIT CARD COMPANY, YOU WILL BE ASSESSED A CHARGE OF 25% OF THE HAMMER PRICE AS LIQUIDATED DAMAGES. BY BIDDING ON ANY SUCH LOT, YOU HEREBY AGREE TO THE PAYMENT OF SUCH LIQUIDATED DAMAGES AS A RESULT OF THE IRREPARABLE HARM THAT WILL BE SUSTAINED BY The Auction Bidness, LLC. FURTHERMORE, IN THE EVENT THAT A WINNING BIDDER FAILS TO MAKE ANY PAYMENTS UNDER THESE TERMS AND CONDITIONS, INCLUDING THE LIQUIDATED DAMAGES DESCRIBED HEREIN, WE RESERVE THE RIGHT TO REPORT SUCH NONPAYMENT TO CREDIT AND COLLECTION AGENCIES IN OUR SOLE DISCRETION. 22. The Auction Bidness, LLC, and any consignors, reserve the right to bid on any lot(s). Unless explicitly stated otherwise, all lots are subject to a reserve price that shall be hidden from all bidders. The Auction Bidness, LLC shall act to protect the reserve by bidding in the auction process if needed. The Auction Bidness, LLC may open bidding on any lot below the reserve by placing its own bid. The Auction Bidness, LLC may continue to bid on behalf of itself up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. 23. The bidder hereby waives, releases, remises, acquits, and forever discharges The Auction Bidness, LLC and any consignor, and shall indemnify and hold them harmless against any claims, actions, cause of action, demands, rights, damages, costs, expenses, or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, which the bidder now has or which may arise in the future on the account of or in any way growing out of, or connected with any defects, latent or otherwise, or the physical condition of any items or lots purchased or any law or regulation applicable thereto. The Auction Bidness, LLC or consignor shall provide notice to the bidder promptly of any such claim, suit, or proceeding. In the event of any claim, suit or action to enforce payment due or to enforce or interpret any provision hereof (or a claim that is based on these Terms), the prevailing party is entitled to recover, in addition to all costs, reasonable attorney's fees in connection with the claim, suit, action, or arbitration proceedings, and in any appeals. 24. Binding Arbitration: In the case of or if any dispute occurs between a bidder and The Auction Bidness, LLC., that cannot be resolved, then the parties agree to the rules, regulations and procedures of the dispute resolution described herein and agree to the following procedures for resolution of the dispute: If either party alleges that the other party is in default under this agreement, then the dispute or allegation shall be submitted to binding arbitration in the State of New Mexico. The Auction Bidness, LLC. shall select a neutral arbitrator. The arbitration process shall be initiated by either party requesting arbitration which must be served upon the other party by certified mail. Failure to participate in the arbitration is a default. If an arbitration procedure is initiated by request of a bidder, the bidder shall bear the financial burden of any and all fees to be paid to an arbitrator to that maximum amount available by law. Each party shall simply present their case (limited to a maximum of one hour for each party) to the arbitrator. By bidding on any lot, the bidder hereby agrees and acknowledges that it is completely waiving its rights to have the dispute heard in a court of law. The bidder agrees that the arbitrator shall have complete jurisdiction over the dispute and can issue an award to the prevailing party. Arbitration fees shall be paid by the bidder in full without exception. Any award determined by the arbitrator shall be binding and the prevailing party shall be awarded full reimbursement of its actual paid fees in connection with the dispute. By participating in a The Auction Bidness, LLC., auction, bidder specifically agrees to the dispute resolution specified in the foregoing paragraph as bidder's SOLE means to resolve all disputes which may arise with The Auction Bidness, LLC. By doing so, the bidder specifically agrees that the bidder will not file a dispute of any kind with an online venue, a credit card, or any other third parties. Bidder specifically waives the right to initiate a credit card chargeback dispute on any basis of claim and agrees that bidder will pay The Auction Bidness, LLC. a minimum of $500, plus hourly charges and costs for any such chargeback dispute opened, due to the severe administrative burden of such disputes and their direct violation of the dispute provisions above. In the event that the Bidder violates this dispute resolution provisions, in consideration of The Auction Bidness, LLC. approval of the application of the bidder to bid in The Auction Bidness, LLC. auction, bidder confesses judgment to fraud having been committed by bidder against The Auction Bidness, LLC. and further agrees that bidder is liable to The Auction Bidness, LLC. for all damages, losses and costs, including time charges, resulting as a consequence for the Bidders’ breach of this contract. 25. IMPORTANT TO READ: AS YOU HAVE ACKNOWLEDGED BY AGREEING TO THE TERMS OF THIS AUCTION, THERE ARE NO REFUNDS OR EXCHANGES. THIS MEANS THAT ALL SALES ARE FINAL, NO EXCEPTIONS. DO NOT REQUEST REFUNDS OR EXCHANGES AS THEY WILL NOT BE GRANTED. a.) IT IS IMPORTANT TO NOTE, IN THE UNLIKELY EVENT THAT YOU REQUEST AND ARE GRANTED BY The Auction Bidness, LLC A RETURN, CANCELLATION, OR REFUND, YOU AGREE THAT YOU ARE STILL RESPONSIBLE TO PAY A 25% RESTOCKING FEE BASED ON THE FINAL SALE PRICE (I.E. THE HAMMER PRICE) OF EACH ITEM THAT IS RETURNED PLUS THE ENTIRE BUYER'S PREMIUM (25%) FOR EACH ITEM AS WELL AS ALL OF THE SHIPPING/HANDLING CHARGES. THIS MEANS THAT THE RESTOCKING FEE, BUYER'S PREMIUM AND SHIPPING/HANDLING CHARGES ARE NEVER ELIGIBLE FOR A REFUND OR RETURN. For this auction we may (at our discretion) combine multiple purchases to reduce shipping charges for the buyer and The Auction Bidness, LLC. ALL LOTS will have a separate handling charge. Items are NOT available to be picked up, shipping only. This is to help ensure the safety of our bidders and our company due to ongoing COVID-19 Restrictions. 26. We offer to all of our bidders, budget-friendly, In-House Shipping, Handling & Insurance of all items. The Buyer pays for the FULL Shipping, Insurance & Handling Costs, and are subject to The Auction Bidness, LLC, stated terms. We do everything within our power to give our bidders as close to our cost for shipping, we try to make it as convenient for you as possible, and we have incredibly strict policies our staff adheres to during the shipping and handling process to ensure special care is always taken so that your items arrive to you exactly the way you saw them at auction. It is important to note that, due to the fact that we package and ship in house, shipping and handling fees include all of the items necessary to carefully reinspect, wrap, pack, and finalize orders for shipment. Shipment is available on, and, for all items, and will be shipped via USPS, UPS, OR FEDEX, whichever service The Auction Bidness, LLC deems to choose at any point in time. IF YOU REQUIRE SPECIFIC ARRANGEMENTS FOR SHIPMENT, YOU MUST SEND US NOTICE OF A REQUEST PREFERABLY PRIOR TO AUCTION, BUT NO LATER THAN 3 DAYS FOLLOWING THE AUCTIONS CLOSE, please contact us before the auction begins. If you are late to register, contact us to arrange shipping immediately so that way, we can try and accommodate you as best as possible. We ask that while the auction is live, and if the questions, arrangements, or other inquiries are not URGENT, we ask you do so contact us AFTER the auction has closed entirely by emailing us at info@auctionbidness.com, or, by calling our office phone at (302) 260-6848 and leaving a message. During a live auction, it is almost impossible for us to respond promptly, which is something we take pride in offering our bidders via our Customer Support team. So, please keep in mind there will be a delay in response times to questions sent during the conduction of a live auction. We use USPS as our primary mail carrier. However, as stated, bidders are welcome to arrange their own shipping, choose the carrier they would prefer, and we encourage you to contact us if other arrangements are needed as soon as possible. Pick-up/arrangements are not available at this point in time. Please allow for up to 3 business days to receive an invoice from us for lots you have won. IF YOU HAVE NOT RECEIVED AN INVOICE WITHIN 3 DAYS, IT IS UP TO THE BUYER TO CONTACT US DIRECTLY. PLEASE CHECK TO MAKE SURE WE DON’T GET SENT TO YOUR SPAM FOLDER AS WELL. We typically ship items within 7-14 business days after finalization of payment for: the items, shipping and handling fees, a finalized invoice has been sent and lastly, after the funds have settled. We do everything within our power to get your items to you as quickly as possible and thank you for your patience. Our office hours are from 10:00AM-5:00PM PST Monday-Friday, unless we are out of town acquiring new Estates. The best way to get into contact with us is through email first, and then if you have not heard back within a span of 48 business hours, we ask you kindly reach out, and call us then. If you call our office and no one is there to answer at the time, please leave your name, invoice number, and a brief message about what we may be of assistance to you for. Please do not leave voicemails with sensitive data such as credit/debit cards unless you feel it is secure and you are comfortable doing so. If you do decide to call and leave a voicemail with sensitive data, once received by us, it is instantly deleted as soon as we charge the card and do not keep credit cards on file. 27. If found that any provision of these terms and conditions or of any listing be void, unlawful or unenforceable under applicable law, that provision shall be modified to the minimum extent possible to comply with applicable law, or if modification is not possible, deleted and severed from the remaining provisions. Any such modification, deletion or severing shall not affect the enforceability or validity of any of the remaining provisions. ALL SALES ARE FINAL. BY PARTICIPATING IN THIS AUCTION, YOU ARE ENTERING A LEGALLY BINDING CONTRACT WITH The Auction Bidness, LLC AND AGREE TO ADHERE, UPHOLD AND ABIDE BY ALL POSTED TERMS AND CONDITIONS. 28. If any aforementioned provisions, terms or conditions herein are not adhered to by the purchaser, in addition to remedies available to us by the Consignor(s), and all applicable state and federal laws; implacable, if all applicable conditions herein are not complied with by the purchaser, in addition to other remedies made available to us via the consignor and laws; we hold and reserve all rights to available to us per the Consignor(s) and/or by law, including, without limitation to: a. The right to hold the purchaser liable for the total Purchase Price, where we at our own disclosure may: b. Cancel the sale, retaining all payments made by the purchaser c. Resell the property at public auction with or without reserve, and the purchaser will be liable for any deficiency costs including handling charges, the expenses of both sales, our commissions on both sales at our regular rates, reasonable attorney's fees, incidental damages, and all other charges due hereunder d. Ban and reject future bids from the buyer or render such bids subject to payment of a deposit e. Charge an interest at 18% per annum from the date payment became due until the date the Purchase Price is received in cleared funds f. Subject to notification of the buyer, exercise a lien over any of the buyer's property which is in the possession of The Auction Bidness, LLC and no earlier than 30 days from the date of such notice, arrange the sale of such property and apply the proceeds to the amount owed to The Auction Bidness, LLC or any of our affiliated companies after the deduction from sale proceeds of our standard commission rates and sale-related expenses. g. commence legal proceedings to recover the Purchase Price, together with interest and the costs of such proceedings. h. Set off the outstanding amount remaining unpaid by the buyer against any amounts which The Auction Bidness, LLC, or any of our affiliated companies or partners, may owe the buyer in any other transactions i. Or, pursue purchaser through Civil or Criminal litigation and courses of action remedied to us by law. 28. If the bidder(s), or representative there of, does not employ arbitration in resolving this dispute, and chooses to litigate or use any other method including: I. Any and all legal fees that are expanded by The Auction Bidness, LLC in order to file a motion or any other action to move the case from the existing forum to arbitration, shall be borne 100% by the bidder, and or Bidder's representatives. II. If the Bidder chooses to file a social media review rather than arbitrate the dispute, in view of the undeniable fact that the damage to the company and it's reputation will be difficult to ascertain, bidder will be subject to a $500,000 penalty for consequential damages. 29. The Auctioneer reserves the right to withdraw any item for sale before or during the auction without providing any explanation whatsoever. 30. All sales are final and upon confirmation of payment, no refunds will be issued nor exchanges accepted. 31. The Auction Bidness, LLC does not guarantee accuracy, authenticity, condition or description of any item in the auction. All goods are sold “As Is - Where Is” with all faults, imperfections and errors of description. 28. The Auction Bidness, LLC is not responsible for and shall have no liability due to interruption or failure of internet connection during the bidding process including but not limited to: disconnection, latency issues or hardware/software related difficulties. 32. The bidder agrees that under no circumstances will he/she initiate a chargeback on his/her credit card. In such cases, we reserve the right to inform respective credit card companies and reject future bids from such buyers without prior notice at our own discretion. Bidders who violate this provision will immediately be in breach of contract and subject to a $500.00 penalty. 33. These terms and conditions may be changed without prior notice at any time. The most recent version of the terms and conditions is available on the website at all times and will be applicable to all bidders, even if changes are made after a bid has been placed. It is the bidder’s responsibility to review these terms and conditions prior to bidding. By placing a bid, it shall be deemed as acceptance of our terms & conditions in full force. 34. All disputes resulting from this auction shall be governed by the laws of the State of New Mexico without regard to its conflict of law provisions, and any dispute arising hereunder must be submitted exclusively for arbitration under said laws before the American Arbitration Association or its successor organization before an independent panel of three arbitrators in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The place of arbitration shall be Albuquerque, New Mexico and the sitting arbitrator shall be either a retired judge or attorney licensed in New Mexico. All decisions rendered by the arbitrators shall be final and binding upon both parties hereto. The prevailing party shall be entitled to recover its reasonable attorneys' fees and costs of arbitration incurred herein. 35. This Agreement is not assignable by any bidder without prior written consent from The Auction Bidness, LLC which may withhold such consent at its sole discretion without providing any reason for withholding such consent. If this agreement is assigned, it shall automatically terminate and become void without any further notice whatsoever from either party. 36. By using our services or bidding on any auction, you agree that you have read and accepted our Terms & Conditions in full. If any part of this Agreement is held unenforceable, then such part shall be limited or eliminated to the minimum extent necessary, and the remainder of this Agreement shall remain in full force and effect. Any waiver of any provisions of this Agreement will be effective only if in a written document signed by all parties involved. 37. These terms and conditions along with The Auction Bidness, LLC's privacy policy constitute the entire agreement between you and us relating to your participation at an auction done through our platform (the “Agreement”). This Agreement supersedes all prior agreements between the parties regarding your participation at an auction conducted through The Auction Bidness, LLC. No waiver of any terms of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition. In the event that any provision in this Agreement is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated and the remaining provisions shall continue in full force and effect. The parties hereby agree to attempt to replace such invalidated provision with a valid one which comes closest to the intention underlying the invalidated provision. 38. The Auction Bidness, LLC reserves its right at any time without assigning any reason whatsoever and without prior notice to amend/modify/vary all or any details of this agreement by updating these Terms & Conditions accordingly on the website. It is the bidder’s responsibility to review these terms and conditions prior to bidding. By placing a bid, it shall be deemed as acceptance of our terms & conditions in full force. 39. By bidding at an auction conducted through The Auction Bidness, LLC platform, you accept that you are bound by this Agreement and all other applicable laws, rules and regulations as may be in force from time to time. The parties agree that no joint venture, partnership or agency relationship exists between them. You hereby irrevocably waive any claim against us for any alleged or actual infringement of any intellectual property rights held by you. We reserve the right to report any suspected fraudulent activity to relevant authorities for investigation and prosecution purposes. If we find any bidder guilty of fraudulent activity, such bidders may be barred from participating in any future auctions. 40. This Agreement is governed by and shall be construed in accordance with the laws of the State of New Mexico, without regard to its laws relating to conflicts of law. The parties hereby submit to the exclusive jurisdiction of the state and federal courts located in Albuquerque County, California and agree that all disputes arising under or related to this agreement will be adjudicated solely in those courts. This Agreement is effective from January 1, 2023 and shall remain in force unless terminated by either party with 30 days notice in writing. Any such termination shall be without prejudice to any rights or liabilities of either party accrued prior to the date of termination. Upon termination all obligations between the parties hereto shall terminate and become void without any further notice whatsoever from either party. 41. By using our services or bidding on any auction, you agree that you have read this Agreement and understand it fully and agree to be bound by its terms. Should you have any questions regarding this Agreement please contact us at info@auctionbidness. In the event of any dispute or difference that may arise between the parties out of or in connection with this Agreement, such dispute shall be referred for resolution to the Chief Executive Officer of The Auction Bidness, LLC whose decision shall be final and binding on both parties hereto. The laws governing this Agreement are those of the State of New Mexico without giving effect to conflict of laws principles thereof. 42. This agreement contains all the terms agreed upon between you and The Auction Bidness, LLC, including any additional attachment if applicable, which together constitute a complete understanding with respect to the subject matter hereof. No representations, promises, warranties or undertakings concerning this Agreement have been made other than those contained herein. This Agreement shall be binding upon and may be enforced by each of the parties and their respective successors, heirs and assigns. 43. If any provision herein is found to be invalid or unenforceable pursuant to applicable law, then such invalidity or unenforceability shall not affect the remainder hereof which shall continue in full force and effect as if the invalid or unenforceable provision had never been part of this Agreement. 44. The Auction Bidness, LLC reserves its right at any time without assigning any reason whatsoever and without prior notice to amend/modify/vary/revoke the terms and conditions of this Agreement. The Auction Bidness, LLC reserves its right to change the format, content or nature of the services provided from time to time. It is agreed that in such cases no prior information shall be required to be given by The Auction Bidness, LLC and such changes shall be binding on you. 45. This Agreement constitutes the entire agreement between you and us and supersedes all previous agreements between you and us with respect to the subject matter hereof. No waiver, alteration, modification or amendment of any provision of this Agreement shall bind either party unless made in writing and signed by both parties. 46. This document is written in English which language shall be controlling in all respects and any translation hereof into any other language is for convenience only. 47. All references in this Agreement to the singular shall include the plural and vice versa, all references to gender or masculine gender shall include the feminine and neuter genders as appropriate. 48. All disputes arising out of or relating to this Agreement shall be subject to exclusive jurisdiction of courts situated in California and each party hereby accepts such court's jurisdiction solely in those courts. Notwithstanding anything contained herein above, nothing contained herein shall prevent The Auction Bidness, LLC from approaching any court of competent jurisdiction for obtaining injunctive reliefs against you or restraining your activities which are inconsistent with the terms hereof or otherwise prejudicial to The Auction Bidness, LLC. In such event, you hereby expressly agree to submit to the exclusive jurisdiction of such courts. 49. All communications between us regarding this Agreement shall be in writing and may be sent via email or regular mail. The address for correspondence is as follows: The Auction Bidness, LLC 2201 Menaul Boulevard NE, STE A Albuquerque, NM 87107 (302) 260-6848 info@auctionbidness.com 50. This agreement is effective upon your acceptance by registration at any auction event and shall remain in full force until terminated by either party with at least thirty (30) days written notice prior to termination date. Upon termination all rights granted hereunder will immediately cease and you must stop using our services immediately. 51. By accepting the terms of this Agreement, you agree that The Auction Bidness, LLC may use your name, logo, and/or any other material related to you or your business for the purpose of marketing or advertising The Auction Bidness, LLC. Nothing in this Agreement shall be deemed to grant either party an exclusive right on behalf of the other. 52. The headings herein are solely for convenience and shall not affect the interpretation hereof. 53. This Agreement is governed by the laws of California and both parties agree to submit to the exclusive jurisdiction of courts situated in California for adjudication of all disputes arising out of or relating to this Agreement or any part hereof. Both parties irrevocably waive their respective rights to a trial by jury with respect to any dispute arising out of or relating to this Agreement. 54. This Agreement may be executed in multiple counterparts (which, when taken together, shall constitute one and the same document) and delivered by facsimile or electronic transmission (e.g., a PDF file), each of which shall be deemed to be an original instrument but all of which together shall constitute one and the same Agreement. 55. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions will remain in full force and effect. 56. The rights granted herein are personal to you and may not be assigned or transferred without our prior written consent. The Auction Bidness, LLC may assign this Agreement without your consent provided that no material change is made to the terms and conditions hereof. 57. No waiver of any breach or default hereunder shall be effective unless in writing and signed by both parties, and no such waiver shall be deemed a waiver of any subsequent breach or default of the same provision. 58. This Agreement sets forth the entire understanding and agreement between you and The Auction Bidness, LLC with respect to its subject matter, superseding all prior statements (written or oral), negotiations, representations, warranties or agreements between us respecting its subject matter. 59. Other than as provided herein, nothing in this Agreement creates any third-party beneficiary rights that are enforceable by anyone other than you or The Auction Bidness, LLC. 60. The parties certify that they have caused this Agreement to be duly executed by their respective authorized representatives as of the date indicated on the signature page hereof. 61. Acceptance of this Agreement by you shall be deemed as acceptance of all the terms and conditions contained herein.