Terms and Conditions

This Website (or this Application) — The property that enables the provision of the Service.

Agreement — Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Owner (or We) — Auction Ink LLC – The natural person(s) or legal entity that provides this Website and/or the Service to Users.

Service — The service provided by this Website as described in these Terms and on this Website.

Terms — Provisions applicable to the use of this Website and Services in this or other related documents, subject to change from time to time, without notice.

User (or You) — The natural person or legal entity that uses this Website.

This document is an agreement between You and Auction Ink LLC.

You acknowledge and agree that by accessing or using this website or using any services owned or operated by this website, you have agreed to be bound and abide by these terms of service ("Terms of Service"), our privacy notice ("Privacy Notice"), our consignment service agreement ("Consignment Agreement"), and any additional terms that apply.

These Terms govern the conditions of allowing the use of this website and any other related Agreement or legal relationship with the Owner in a legally binding way. Capitalized words are defined in appropriate sections of this document. The User must read this document carefully.

If you do not agree to all of these Terms of Service and any additional terms that apply to you, do not use this website.

This Website is provided by: Auction Ink LLC, San Marcos, TX, 78666, USA

Owner contact email: contact@auctionink.com

• Age restriction: To access and use this Website and any of its Service the User must be an adult under applicable law.
• Some provisions in these Terms may only apply to certain categories of Users. Such limitations are always explicitly mentioned within each applicable section.
• These Terms contain an arbitration section that may apply to Users and affects how disputes are resolved. Users are advised to read it carefully.

By using this Website, Users confirm to meet the following requirements:

• There are no restrictions for Users in terms of being Business/Commercial Users or Consumers.
• Users must be recognized as adult by applicable law.
• Users aren't listed on any U.S. Government list of prohibited or restricted parties.
• Users aren't located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist-supporting" country.

Content on this Website

Unless otherwise specified all Website Content is provided or owned by the Owner or its licensors. The Owner has taken efforts to ensure that the Website Content does not violate legal provisions or third-party rights. However, it's not always possible to achieve such a result. The Owner reserves and holds all intellectual property rights for any such content.

Access to External Resources

Through this Website, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

DMCA Takedown Notice

If copyright holders or their agents believe that any content on this Website infringes upon their copyrights, they may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Owner's Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3)):

• A physical or electronic signature of a person authorized to act on behalf of the holder of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the Owner to locate the material;
• Information reasonably sufficient to permit the Owner to contact the notifying party;
• A statement of good faith belief that use of the material is not authorized by the copyright Owner, its agent, or the law;
• A statement that the information in the notification is accurate, and under penalty of perjury, that the notifying party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Acceptable Use

This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law. Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.

Disclaimer of Warranties

This Website is provided strictly on an "as is" and "as available" basis. Use of the Service is at User's own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by User from Owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet User's requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components.

Limitations of Liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. In no event shall the Owner be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 6 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including legal fees, arising from: User's use of and access to the Service; User's violation of these terms; User's violation of any third-party rights; User's violation of any statutory law; any content submitted from User's account; User's willful misconduct; or statutory provision by User or its affiliates to the extent allowed by applicable law.

No Waiver

The Owner's failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision.

Service Interruption

The Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes. The Owner may also decide to suspend or terminate the Service altogether, cooperating with Users to enable them to withdraw Personal Data in accordance with applicable law.

Service Reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Owner's express prior written permission.

Intellectual Property Rights

Any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Owner or its licensors. By submitting suggestions or other feedback regarding the Website and/or our Services, you agree that we can use and share such feedback for any purpose without compensation to you.

Changes to These Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. The User's continued use of the Website and/or the Service will signify the User's acceptance of the revised Terms.

Severability

Should any of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Governing Law

These Terms are governed by the law of the place where the Owner is based (San Marcos, TX, USA), without regard to conflict of laws principles.

Electronic Communications, Transactions, and Signatures

Visiting the Website, using our Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITES/SERVICES.

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms, the Parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). The arbitration will take place in Hays County, Texas.

Restrictions

Any arbitration shall be limited to the Dispute between the Parties individually. No arbitration shall be joined with any other proceeding; there is no right or authority for any Dispute to be arbitrated on a class-action basis.

Exceptions

The following Disputes are not subject to arbitration: (a) any Disputes seeking to enforce or protect intellectual property rights; (b) any Dispute related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

Each party specifically waives any right to trial by jury in any court in connection with any action or litigation. Any claims under these terms shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of others.

These legal terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON.

WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party.

Surviving Provisions

• The User's grant of licenses under these Terms shall survive indefinitely.
• The User's indemnification obligations shall survive for a period of five years from the date of termination.
• The disclaimer of warranties and representations, and indemnity/limitation of liability provisions, shall survive indefinitely.

All media, videos, audio, and AI-generated content are the intellectual property of Auction Ink LLC. Unauthorized use, distribution, or reproduction of this content without express written consent is prohibited. Users retain ownership of content they upload but grant Auction Ink LLC a license to use/process/modify the content as per GDPR's Article 6(1)(b).

All communications relating to the use of this Website must be sent to: contact@auctionink.com