DIRTYPILOTAUCTIONS.COM - TERMS OF USE

This Agreement sets forth the terms and conditions that govern the relationship between DirtyPilotAuctions.com ("DirtyPilot") and you ("you" or "Buyer") with respect to procedure, terms, and conditions under which you may bid for items (“Property”) in online auctions on the DirtyPilot Auctions website (the “Site”), as well as DirtyPilot’s warranties and procedures concerning property put up for auction and sold to the highest bidder. If you choose to access or use the Site to bid on any items of Property, you must accept the terms and conditions of this Agreement. PLEASE REVIEW THE FOLLOWING TERMS BEFORE USING THE SITE AND BIDDING ON PROPERTY. BY REGISTERING AND USING THE SITE AS A BIDDER OR BUYER, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF OUR PRIVACY STATEMENT AND POLICY, AND THE FOLLOWING TERMS OF USE.

I. BUYER’S AGREEMENT

To register as a buyer or bidder on auctions held by DirtyPilot, you must provide your real name, address, phone number, e-mail address and valid credit card number. (Minors may not bid on items of Property through DirtyPilot unless they have obtained permission from their parents or guardians as set forth in the DirtyPilot Privacy Statement and Policy.) Intentionally providing inaccurate registration information constitutes a breach of this Agreement.

Use of the Site

As a bidder or buyer on auctions held by DirtyPilot, you are subject to the following terms and conditions

Buyer's Premium

DirtyPilot will charge you, and you will be responsible for paying, a buyer's fee currently equal to Fifteen Percent (15%) of the final selling price of any auction item for which you are the winning bidder (the “Buyer's Premium”.) The applicable Buyer's Premium will be charged to your credit card on file with DirtyPilot upon the completion of any auction in which you are the winning bidder.

You agree not to interfere with the billing process or attempt to circumvent the Buyer's Premium in any way.

Unless otherwise stated, the Buyer's Premium will be paid in US Dollars. Should you fail to pay any amounts due to DirtyPilot, you will be responsible for all costs of collection, including reasonable attorneys' fees.

Limitation of Liability

You will not hold DirtyPilot responsible for other users' content, actions, or inactions. DirtyPilot will endevour to do everything within its control to confirm the accuracy of the description of all Property, the stated quality of the Property and the authenticity of the Property including, when possible, obtaining Certificates of Authenticity. However, because many items of Property being auctioned are supplied by artists on consignment or other third parties, DirtyPilot cannot and does not guarantee or warrant the quality, safety or legality of Property offered for sale through the Site, or the truth or accuracy of listings therefor.

We do not transfer legal ownership of items from the seller to the buyer. Further, we cannot guarantee continuous or secure access to our sites, services, or tools, and operation of our sites, services, or tools may be interfered with by factors outside of our control. Neither can we guarantee that the site will operate error-free or that the Site or auctions thereon will no be interrupted. ACCORDINGLY, TO THE EXTENT LEGALLY PERMITTED, WE EXCLUDE ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS. WE ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND, NOR LOSS OF MONEY, GOODWILL OR REPUTATION, OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING, DIRECTLY OR INDIRECTLY, OUT OF YOUR USE OF OR YOUR INABILITY TO USE OUR SITES, AUCTIONS, AND TOOLS OR THE PURCHASE OF PROPERTY.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees (under DirtyPilot Auctions Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.

Release

If you have a dispute with one or more users of our Site, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Amendment Notification

DirtyPilot reserves the right to change any of the terms and conditions contained in this Agreement by posting on the Site either a new agreement or any changes or amendments thereto and informing you by e-mail of such changes. Any changes will be effective upon the later of your receipt of such e-mail; or the posting of the revisions on the Site. You are responsible for reviewing the Site and any applicable changes. YOUR CONTINUED USE OF THIS SITE AND ITS SERVICES AND AUCTIONS FOLLOWING SUCH E-MAIL NOTICE AND THE POSTING OF ANY CHANGES OR AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR AMENDMENTS. IF YOU DO NOT AGREE TO ANY OF THESE CHANGES OR AMENDMENTS, DO NOT CONTINUE TO USE THE SITE OR PARTICIPATE IN ITS AUCTIONS.

II. PROPERTY POLICY

DirtyPilotAuctions.com policies regarding restricted items are generally based on country and state laws, although in some cases they may also be based on input from our members and our own discretion, especially for dangerous or potentially offensive property.

Warranties Concerning Consignment Property

DirtyPilot is committed to maintaining the highest standards of business, legal, and ethical practices. This begins with DirtyPilot making every reasonable attempt to verify the legality, authenticity, and rights of ownership of all items of Property listed for auction on the Site. DirtyPilot requires that all items of Property placed on auction on the Site through consignment have the following warranties to DirtyPilot from the consignor concerning that Property:

Warranties Concerning Other Property

DirtyPilot makes the following warranties for all items of Property placed on auction on the Site other than through consignment:

Conclusion of Auction/ Sale of Property

Each Buyer is required to fully endorse and agree to the following guidelines concerning the sales transaction of an item auctioned on DirtyPilotAuctions.com:

Termination of Agreement

DirtyPilot reserves the right, solely, to terminate this Agreement or to suspend use of the Site and/or Service to any Buyer at any time and for any reason without notice or explanation.

Notification of any termination or suspension will be emailed to you at the address you have provided in your account settings.

The following Sections survive any termination of this Agreement: Dispute Resolution; Limitation of Liability, Indemnity; Release; Representations, Warranties Concerning Consignment Property; and Warranties Concerning Other Property .