Terms of Use
{Texas Dream Deals} Terms of Use
1. ACCEPTANCE OF TERMS OF USE FOR THIS WEBSITE
YOU MUST READ THESE {Texas Dream Deals} TERMS AND CONDITIONS (“TERMS”)
CAREFULLY.
{Texas Dream Deals} PROVIDES THIS WEBSITE TO YOU, YOUR EMPLOYEES,
AGENTS, CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU
ACCEPT THESE TERMS (COLLECTIVELY “YOU”), SUBJECT TO THESE TERMS. THESE
TERMS ARE ENTERED INTO BY AND BETWEEN {Texas Dream Deals} AND YOU, AND
YOU ACCEPT THEM BY: (a) REGISTERING FOR OUR AUCTION, PLACING A BID, AN
ORDER OR MAKING A LISTING THROUGH THIS WEBSITE; (b) USING THE WEBSITE
IN ANY OTHER MANNER; AND/OR (c) ACKNOWLEDGING AGREEMENT WITH THESE
TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS
WEBSITE. IN CONSIDERATION OF YOUR USE OF THE SERVICE, YOU REPRESENT
THAT YOU ARE NOT A MINOR IN ANY JURISDICTION, YOU ARE OF LEGAL AGE TO
FORM A BINDING CONTRACT AND ARE NOT A PERSON BARRED FROM RECEIVING
SERVICES UNDER THE LAWS OF THE UNITED STATES OR OTHER APPLICABLE
JURISDICTION. YOU HEREBY REPRESENT THAT YOU HAVE READ, UNDERSTOOD
AND ACCEPT THE TERMS AND CONDITIONS OF THIS USER AGREEMENT AND ALL
AGREEMENTS INCORPORATED BY REFERENCE.
These Terms may be updated by us from time to time without notice to You. You can
review the most current version of the Terms at any time at {texasdreamdeals.com}.
This Agreement was last revised on December 10, 2025. If You have any questions
regarding this Agreement, please contact {713-340-7354}.
2. ACCESS TO WEBSITE MATERIALS AND SERVICES
The {Texas Dream Deals} website (“Website”) includes without limitation all
information, documents, communications, files, text, graphics, software, and
products available through the Website (collectively, “Materials”) and all services,
including auction and sale services (“Auctions”)(“Sales”) operated by {Texas Dream
Deals} and third parties through the Website (collectively, the “Services”). {Texas
Dream Deals} controls and operates its Website from various locations and makes
no representation that this Website is appropriate or available for use in all
locations. {Texas Dream Deals} Materials and Services may not be available in Your
location, and deliverables may vary among locations. If You are using the Website
on behalf of Your employer, You represent and warrant that You are authorized to
accept these Terms on Your employer’s behalf, and that Your employer agrees to
indemnify You and {Texas Dream Deals} for violations of these Terms. The {Texas
Dream Deals} Services, including its Sales and Auctions for equipment and all their
items (collectively “Items” or “Auction Items”) are provided by {Texas Dream Deals}
to You subject to the terms and conditions set forth in these Terms. When using
particular {Texas Dream Deals} owned or operated Services, You and {Texas Dream
Deals} shall be subject to any posted guidelines or rules applicable to such
Services, which may be posted from time to time on the Website.
3. YOUR OBLIGATIONS AND CONDUCT
In consideration of Your use of the Website, You agree to: (a) provide accurate,
current, and complete information about You as may be prompted by a registration
form on the Website (the “Registration Data”); (b) maintain the security of Your
password and identification; (c) maintain and promptly update the Registration
Data, and any information You provide to {Texas Dream Deals}, to keep it accurate,
current and complete; and (d) accept all risks of unauthorized access to information
and Registration Data. You have sole responsibility for adequate protection and
backup of data and/or equipment used in connection with the Website; (e) notify
{Texas Dream Deals} immediately of any unauthorized use of Your username and
password or any other breach of security regarding the Services; f) allow {Texas
Dream Deals} to send notifications to your registration email address notifying you
about auctions that are similar to ones on which you have already bid.
{Texas Dream Deals} cannot and will not be liable for any loss or damage arising
from Your failure to comply with this Section.
When {Texas Dream Deals} has notified users that their registration has been
approved, such user shall become a “Registered User.” Only Registered Users are
eligible to participate in {Texas Dream Deals} Services. {Texas Dream Deals} reserves
the right to disapprove, suspend or terminate Your registration for any reason, at its
sole discretion, and to prohibit You from participating in the Services.
4. Texas Dream Deals is NOT A PARTY TO TRANSACTIONS
In the Online Auction, {Texas Dream Deals} is not a party to any transaction relating
to Auction Items. {Texas Dream Deals} is only a venue for Sellers to list Items and for
Registered Users to make bids on such Items. You and {Texas Dream Deals} are
independent contractors. Neither party is an agent, representative, broker,
employee, partner or joint venture of the other party. This Agreement shall not be
interpreted or construed to create an association, joint venture, agency, franchise or
partnership between the parties or to impose any partnership obligation or liability
upon either party. {Texas Dream Deals} is not a party to, nor involved in, the
transactions between Buyers and Sellers. {Texas Dream Deals} has no control over
the Sellers, Buyers or any aspect of the transactions. From time to time, {Texas
Dream Deals} may have title to or possess Auction Items listed on the Website;
nevertheless, {Texas Dream Deals} is not a party to any transactions related to such
Items.
Full Release: In the event that You have a dispute with a Seller or other user(s), You
release {Texas Dream Deals} (and our officers, directors, agents, subsidiaries and
employees) from claims, demands and damages (actual and consequential) of
every kind and nature, known and unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way connected with such disputes.
YOU CONFIRM THAT YOU HAVE CAREFULLY READ THESE TERMS AND FULLY
UNDERSTAND THEIR CONTENTS. YOU FURTHER CONFIRM THAT YOU ARE AWARE
THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN YOU AND {Texas
Dream Deals} YOU AND ENTER INTO IT OF YOUR OWN FREE WILL.
5. INTELLECTUAL PROPERTY RIGHTS
The Materials and Services on this Website, as well as their selection and
arrangement, are protected by copyright, trademark, patent, and/or other
intellectual property laws, and any unauthorized use of the Materials or Services at
this Website may violate such laws and these Terms. Except as expressly provided
herein, {Texas Dream Deals} does not grant any express or implied rights to use the
Materials and Services. You agree not to copy, republish, frame, transmit, modify,
rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or
create derivative works based on the Website, its Materials, or its Services or their
selection and arrangement, except as expressly authorized by {Texas Dream Deals}.
“{Texas Dream Deals}” is a trademark of {Texas Dream Deals}. All other trademarks
are the property of their respective owners.
6. USE OF SOFTWARE
Any software that is made available to use (or download) from the {Texas Dream
Deals} Website (“Software”) is the copyrighted work of {Texas Dream Deals} and/or
its licensors. Use of the Software is subject to the terms and conditions of the
license agreement, which accompanies or is included with the Software or other
applicable license agreement between You and {Texas Dream Deals} (“License
Agreement”). You must read and accept such License Agreement before You use
the Software. Any use, reproduction or distribution of the Software that is not in
accordance with the License Agreement is expressly prohibited. If the Software is
used by the United States Government, the Software is classified as “restricted
computer software” as defined in clause 52.227-19 of the FAR – The United States
Government’s rights to the Software are as provided in clause 52.227-19 of the FAR.
7. USE OF CONTENT ON THE TEXAS DREAM DEALS WEBSITE
Limited Right to Use, Print and Distribute Content: Except as expressly stated
otherwise, You are authorized to view, copy, print and distribute the content of this
Website subject to the following conditions: (i) use must be for informational, non-
commercial purposes only; (ii) any copy or portion thereof must include the {Texas
Dream Deals}’ copyright notice “© 2025 {Texas Dream Deals} All Rights Reserved”;
and (iii) no modifications shall be made to such content. {Texas Dream Deals}
reserves the right to revoke such authorization at any time, and any such use shall
be discontinued upon written notice from {Texas Dream Deals}.
8. LINKS TO THIRD PARTY WEBSITES OR SERVICES
The Services and the Website may provide links to the websites or services of
others, including selling, shipping, rigging and all other services (“Third-Party
Services”). Links to such Third-Party Services, or any explanation or statement
regarding those Third-Party Services, do not constitute an endorsement or
guarantee by {Texas Dream Deals} of such Third-Party Services, or the products,
content, materials or information presented or made available by such Third-Party
Services. You acknowledge and agree that {Texas Dream Deals} is not responsible
for any damages or losses caused or alleged to have been caused by any Third Party
or the use of any Third-Party Services, or from the products, content, material,
services or information presented by or made available through such Third-Party
Services.
9.TREATMENT OF FEEDBACK AND RESPONSES PROVIDED TO TEXAS DREAM
DEALS
Any comments or materials sent to {Texas Dream Deals}, including feedback data,
such as questions, comments, suggestions and any other response shall be
deemed to be non-confidential. {Texas Dream Deals} shall have no obligation of any
kind with respect to such response, and {Texas Dream Deals} shall be free to use,
reproduce, distribute and publicly display such comments and materials without
limitation. {Texas Dream Deals} shall also be free to use any ideas, concepts, know-
how or techniques contained in such response for any purpose whatsoever,
including but not limited to developing, manufacturing and marketing products
incorporating such ideas, concepts or techniques.
10. AUCTIONS
Information Control: Information about Auction Items is posted by {Texas Dream
Deals} on behalf of Texas Dream Deals or other Sellers. Users may find Item
information to be inaccurate or lacking in detail. {Texas Dream Deals} makes no
representations or warranties with respect to such information or Auction Items, all
of which are provided “as is”. We strongly advise that You make use of any available
inspection period to personally inspect Items so that You can make the best bidding
and buying decision possible. If personal inspection is not available, make use of
any other available inspection. Please use caution and common sense when using
the Website. {Texas Dream Deals} has no control over its inventory, the quality,
safety or legality of the Auction Items listed, the truth or accuracy of the listings or
any other information provided about the Items.
Auction Period: The Auction period shall be determined by {Texas Dream Deals}
and will end at a time to be determined by {Texas Dream Deals}, at its sole
discretion.
Bidder Conduct: You acknowledge and agree that once a bid has been submitted
on Your behalf, You may not retract the bid. In addition, sale price manipulation of
any kind, directly or indirectly, by users is prohibited, including shill bidding.
Binding Offer to Purchase: If You are the highest bidder (“Buyer”) at the end of an
Auction and have met the reserve bid, if there is a reserve bid, then You are obligated
to complete the transaction unless the transaction is prohibited by law or by this
Agreement. Bidders agree that bidding on the Texas Dream Deals website is the
legal equivalent of a firm purchase order.
Void Bids: {Texas Dream Deals} reserves the right to reject or void bids, whether
winning or not, which it believes have not been made in good faith, are intended to
manipulate the Auction process, or are prohibited by applicable law.
Winning Bids: {Texas Dream Deals} is the one and only judge for the determination
of winning bids, but {Texas Dream Deals} shall not be liable for any errors or
omissions relating to such determination, whether by {Texas Dream Deals} or some
other person.
Postponement and Cancellation: {Texas Dream Deals} reserves the right to make
changes, postpone or cancel any Auction, or any sale resulting therefrom, at its own
discretion, without notice. {Texas Dream Deals} will have no liability to prospective
bidders or Sellers as a result of any withdrawal, cancellation or postponement of
Auctions or sales.
Withdrawal of Auction/Auction Items: User acknowledges and agrees that
Auction Items may be withdrawn or sold prior to or after the end of the designated
auction period, that the Auction may be discontinued, either temporarily or
permanently, and that the Auction may, at {Texas Dream Deals}’s sole discretion, be
extended beyond the designated auction period, all without notice to User.
Generally, Auction Items shall be sold to the highest bidder; provided, however, that
some Items may be auctioned with minimum reserve prices, and/or subject to
Seller’s right of confirmation.
11. Completion of Transactions
Liability for Auction Items: Auction Items shall be and remain at the risk of the
Seller (and not {Texas Dream Deals}) until the Item is removed from the posted
Auction location by the Buyer or the Buyer’s designated transportation provider. The
Item shall be and remain at the risk of the Buyer and/or the Buyer’s designated
transportation provider (and not {Texas Dream Deals}) while in transport. The Item
shall be and remain at the risk of the Buyer once delivered to the designated
location.
Sales and Use Tax: All bids and offers must be net of any taxes imposed with
respect to the sale or purchase transaction. Buyers are liable for all such taxes or for
establishing to {Texas Dram Deals}’ satisfaction on behalf of the Seller a valid
exemption certificate from such taxes. Buyers and Sellers acknowledge and agree
that {Texas Dram Deals} is providing a service in the calculation, reporting and
remittance of sales or use taxes which may be assessed, due or owing to the taxing
authorities of any taxing jurisdiction for transactions that arise in connection with
Your use of the Service. Each Buyer shall indemnify {Texas Dram Deals} against any
tax, cost or expense relating to the failure of the Buyer to satisfy any sales or use tax
liability related to a transaction. Each Seller shall indemnify {Texas Dram Deals}
against any tax, cost or expense relating to the failure of the Seller to satisfy any
sales or use tax liability related to a transaction within their jurisdiction
Buyer’s Premium: {Texas Dram Deals} may, at its discretion, charge a Buyer’s
Premium and/or Processing Fee on Auction Items sold. The Buyer’s Premium and/or
Processing Fee is an additional service charge, for which the Buyer is responsible. It
is a fixed percentage of the final selling price. If an Auction includes a Buyer’s
Premium and/or Processing Fee, it will be clearly indicated in the auction-specific
terms, and on Item detail pages. All fees, including Buyer’s Premiums, must be paid
prior to releasing any Auction Items for pick-up and transport.
Payment and Payment Period: The Payment Period for all Auctions shall be
determined by {Texas Dram Deals} and will be posted in the auction-specific terms
and on Item detail pages. Full payment from the winning bidder in the amount of the
auction closing price, applicable Buyer’s Premiums and sales tax must be posted to
a secure payment account designated by {Texas Dram Deals} within the posted
Payment Period. Buyers may pay for their Items online with a valid credit card.
Without limiting the foregoing, full payment is due prior to the removal or
transportation of purchased Items.
Buyer Default: If, after the Payment Period has ended, the Buyer does not make full
payment in accordance with the terms set forth above, the Buyer is considered in
default and their Auction Item(s) will be re-listed in an Online Auction and a 15% re-
listing fee (which You agree is a reasonable estimate of the minimum damages
incurred by {Texas Dram Deals} as a result of Your failure) will be charged to their
account. The re-listing fee is based upon the original selling price of the Auction
Item. By registering a valid credit card with {Texas Dram Deals}, the Buyer authorizes
{Texas Dram Deals} to charge applicable re-listing fees to the credit card.
Item Removal and Removal Period: The Removal Period for Auction Items shall be
determined by {Texas Dram Deals} and will be posted in the auction-specific terms
and on Item detail pages. Buyer may remove Auction Items from the Seller’s
location once the total purchase price (and any applicable sales tax and the
Transaction Fee) has been received and posted to a secure payment account
designated by {Texas Dream Deals}. Buyers are responsible for loading and shipping
Auction Items unless otherwise noted. {Texas Dream Deals} shall have no
responsibility with respect to disconnecting utilities to Auction Items, including
electric, gas, waste and water lines. It is the Buyer’s responsibility to arrange and
pay for the insurance, removal and shipment of purchased Items. Item removal shall
be conducted responsibly and with due care for the Seller’s premises. The Buyer
shall restore and repair all real and personal property that is altered or damaged as
a result of the removal of purchased Items. In some cases the Buyer may be
required to provide a deposit before removal but that deposit will be refunded
immediately upon completion of removal and approval of the property owner or
manager. If the Buyer does not remove an Item within the designated removal
period, the Buyer will be deemed to have abandoned the Item and the Buyer will
have no further rights with respect to the Item. No claims of any kind shall be
allowed after Item has been removed by the Buyer.
Freight and Transportation: The Buyer is responsible for all freight, shipping and
other costs related to transporting Auction Items from the posted Auction location,
including but not limited to any costs associated with certificates and/or permits
required to move Auction Items within or across state, province and/or country
borders. Buyers are advised to have all such certificates and permits issued and
completed prior to transporting the equipment; otherwise Buyer may be subject to
cleaning, permit, and/or other fees if the Items are stopped and held at a Port of
Entry to a state, province or country. Buyers may arrange transportation of Auction
Items on the Website through a third party, but {Texas Dream Deals} will not be liable
for any acts or omissions arising from such third party transportation and claims no
responsibility for the actions of any transportation provider. If the person picking up
and removing Items from an auction location will be someone other than the
registered Buyer, the registered Buyer must establish that person or company as an
“Authorized Agent” by completing an “Agent Release Authorization” form. Buyers
may not transport Auction Items until full payment (including any applicable sales
tax and Buyer’s Premium) has been received posted to a secure payment account
designated by {Texas Dram Deals}.
Constructive Receipt: Once Constructive Receipt has occurred for any Auction
Item, remittance of proceeds to the Seller may occur. Any dispute claims
subsequently filed by the Buyer are invalid. Constructive Receipt of Auction Items
occurs at the first occurrence of any of the following milestones (unless a dispute
claim has been previously filed by the Buyer), provided full payment has been
received by {Texas Dream Deals} for the Item:
a) At the time Buyer or Buyer’s Authorized Agent removes the item from the Seller’s
location.
b) At the time Buyer or Buyer’s Authorized Agent begins disassembly of Item from its
as-inspected configuration, including disassembly for transport.
{Texas Dream Deals} does not transfer legal ownership of Items from the Seller to
the Buyer, and nothing in this agreement shall modify the governing provisions of
Uniform Commercial Code § 2-401(2), under which legal ownership of an Item is
transferred upon physical delivery of the Item to the Buyer by the Seller. Unless the
Buyer and the Seller agree otherwise, the buyer will become the Item’s lawful owner
upon physical receipt of the Item from the seller, in accordance with Uniform
Commercial Code § 2-401(2).
12. Disclaimer, Indemnity, Limitation of Liability
Indemnification: You agree to defend, indemnify and hold harmless {Texas Dream
Deals}, its officers, directors, agents, subsidiaries and employees from claims,
demands and damages, actual and consequential, of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed, to the
extent arising out of or in any way connected with any breach or violation by You of
these Terms, any use by You of the Website or any disputes or damages arising out
of Your use of or contracts formed with You through this Website.
Disclaimer of Warranties: THE SERVICES AND THE WEBSITE, INCLUDING ALL
PROPERTY LISTED FOR SALE, CONTENT,FUNCTIONS, MATERIALS, SERVICES AND
INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES OR
THE WEBSITE, ARE PROVIDED ON AN “AS IS”, “WHERE IS”,”AS AVAILABLE” BASIS
“WITH ALL FAULTS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY
KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. {Texas Dream Deals} DOES NOT WARRANT THE COMPLIANCE OF
PROPERTY WITH ENVIRONMENTAL LAWS OR OTHER LEGAL REQUIREMENTS OR
THE PRESENCE OF HAZARDOUS MATERIALS OR LACK THEREOF. {Texas Dream
Deals} DOES NOT WARRANT THAT THE SERVICES OR THE FUNCTIONS, FEATURES
OR CONTENT CONTAINED, MADE AVAILABLE ON OR ACCESSED THROUGH
SERVICES OR THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY
SOFTWARE, PRODUCTS OR OTHER MATERIALS USED IN CONNECTION WITH THE
SERVICES OR THE WEBSITE, WILL BE TIMELY, SECURE, UNINTERRUPTED OR
ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. {Texas Dream Deals} MAKES
NO WARRANTY THAT THE WEBSITE OR THE SERVICES WILL MEET USERS’
REQUIREMENTS, AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS,
WARRANTIES OR GUARANTEES THAT ANY PROPERTY FOR SALE THROUGH THE
SERVICES OR THE WEBSITE WILL BE SOLD. IF USER IS DISSATISFIED WITH THE
SERVICES OR THE WEBSITE, USER’S SOLE REMEDY IS TO DISCONTINUE USING
THE SERVICES AND THE WEBSITE. {Texas Dream Deals} MAKES NO
REPRESENTATIONS OR WARRANTIES REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE WEBSITE OR ANY
TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OF THE WEBSITE. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER
FROM {Texas Dream Deals} OR THROUGH THE SERVICES OR THE WEBSITE SHALL
CREATE ANY WARRANTY. {Texas Dream Deals} EXPRESSLY DISCLAIMS ANY
RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY
ANY USER.
Without limiting the foregoing, {Texas Dream Deals} shall not be liable for any act
done or omitted under this Agreement while acting in good faith and in the exercise
of reasonable judgment. {Texas Dream Deals} is authorized to comply with and obey
orders, awards, judgments or decrees of any court of law or arbitration tribunal,
notwithstanding any notices, warnings or other communications from any party or
any other person to the contrary. In case {Texas Dream Deals} obeys or complies
with any such order, judgment or decree of any court or arbitration tribunal, {Texas
Dream Deals} shall not be liable to any of the parties hereto or to any other person
by reason of such compliance, notwithstanding any such order, judgment or decree
being subsequently reversed, modified, annulled, set aside, vacated or found to
have been entered without jurisdiction. {Texas Dream Deals} shall not incur any
such liability for any action taken or omitted in reliance upon any instrument,
including any electronic transmission (such as an email) written statement or
affidavit that {Texas Dream Deals} shall in good faith believe to be genuine, nor will
{Texas Dream Deals} be liable or responsible if acting in good faith for forgeries,
fraud, impersonations, or determining the scope of any representative authority
Limitation of Liability: IN NO EVENT SHALL {Texas Dream Deals} NOR SELLERS BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM (A) ANY INJURY TO ANY
PERSON OR PROPERTY CAUSED BY THE EQUIPMENT OR (B) DEFECTS IN SUCH
EQUIPMENT ON ANY THEORY OF LIABILITY INCLUDING WITHOUT LIMITATION
PRODUCT LIABILITY EXCEPT ONLY IN THE CASE OF PERSONAL INJURY WHERE
AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. IN
ADDITION, IN NO EVENT SHALL {Texas Dream Deals} OR SELLER BE LIABLE FOR
ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY
OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICE,
THE SITE OR ITS CONTENT INCLUDING WITHOUT LIMITATION THE INSPECTION
REPORT AND MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING
WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST
BUSINESS OR LOST SALES, EVEN IF {Texas Dream Deals} OR AN AUTHORIZED
REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL ORCONSEQUENTIAL DAMAGES SO SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE
TOTAL LIABILITY OF {Texas Dream Deals} TO YOU FOR ALL DAMAGES, LOSSES, AND
CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) ARISING FROM
THIS AGREEMENT OR YOUR USE OF THE WEBSITE AND THE SERVICE EXCEED, IN
THE AGGREGATE, $100.00. THE FOREGOING LIMITATION SHALL APPLY AND
SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
REMEDY.
13. ELECTRONIC COMMUNICATIONS
When You visit {texasdreamdeals.com} or send emails to us, You are
communicating with us electronically. You consent to receive communications from
us electronically. We will communicate with You by email or by posting notices on
this Website. You agree that all agreements, notices, disclosures and other
communications that we provide to You electronically satisfy any legal requirement
that such communications be in writing.
14. SMS Communication Consent
By providing your phone number and checking the consent box on our website, you agree to
receive SMS messages from Texas Dream Deals. These messages may include
notifications about upcoming auctions, bidding reminders, pick-up instructions, and other
updates related to our services. Message and data rates may apply. You can opt out at any
time by replying STOP to any message.
Texas Dream Deals will not share or sell your phone number to third parties. Your phone
number is used solely for communicating information related to our services in
accordance with our Privacy Policy.
15. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
To the extent that You post reviews, comments, communications or any other content,
submit suggestions, ideas, comments, questions, or other information, the content shall
not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise injurious to third parties or objectionable and
must not consist of or contain software viruses, political campaigning, commercial
solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-
mail address, impersonate any person or entity, or otherwise mislead as to the origin of
content. {Texas Dream Deals} reserves the right (but does not undertake the obligation) to
remove or edit such content but does not regularly review posted content.
If You do post content or submit material, unless we indicate otherwise, You grant {Texas
Dream Deals} and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully
sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, and display such content throughout the world in any media. You
grant {Texas Dream Deals} and its affiliates and sublicensees the right to use the name that
You submit in connection with such content, if they choose. You represent and warrant that
You own or otherwise control all of the rights to the content that You post; that the content
is accurate; that use of the content You supply does not violate these Terms and will not
cause injury to any person or entity; and that You will indemnify {Texas Dream Deals} or its
affiliates for all claims resulting from content You supply. { Texas Dream Deals} has the right
but not the obligation to monitor and edit or remove any activity or content. {Texas Dream
Deals} takes no responsibility and assumes no liability for any content posted by You or any
third party.
16. GENERAL PROVISIONS
Environmental Hazards: {Texas Dream Deals} shall assume no risk nor any liability of
hazardous materials which may arise from the failure of any Items sold or to be sold at
Auction to comply with Federal, State or Local law, statute or regulatory agency regulations
and requirements, including but not limited to, requirements relating to environmental
pollutants or hazardous waste. {Texas Dream Deals} shall pay no direct or indirect cost that
may be incurred due to the existence of environmental pollutants either on or in the Items
sold or on the premises of the auction. Such cost may also include any liens or penalties
which may be levied due to violation of the afore mentioned laws or regulations. User
hereby waives any rights of subrogation against {Texas Dream Deals} with respect to any of
the above-mentioned risks.
User Acknowledges: (1) Federal, state, and local legislation impose liability upon existing
and former owners and users of property, in applicable situations, for certain legislatively
defined, environmentally hazardous substances; (2) {Texas Dream Deals} has made no
representation concerning the applicability of any such Law to any transaction or to User,
except as otherwise indicated herein; (3) {Texas Dream Deals} has made no representation
concerning the existence, testing, discovery, location and evaluation of/for, and risks posed
by, environmentally hazardous substances, if any, located on or potentially affecting the
Item; and (4) User is advised to consult with technical and legal experts concerning the
existence, testing, discovery, location and evaluation of/for, and risks posed by,
environmentally hazardous substances, if any, located on or potentially affecting the Item.
Downloading Information/Material: User hereby releases {Texas Dream Deals}, its
affiliates and subsidiaries, and their respective directors, officers, employees, agents,
shareholders, co-branders, partners, successors and assigns from any and all actual or
alleged damages which may result from User downloading any information or Materials
from the Website.
Modification and Availability: {Texas Dream Deals} may, at any time, delete, modify or
supplement the content of this Website without prior notice. {Texas Dream Deals} reserves
the right, for any reason, at its sole discretion, to terminate, change, suspend or
discontinue any aspect of the Website or the Service, including, but not limited to, content,
features or hours of availability. {Texas Dream Deals} may also impose limits on certain
features of the Services or restrict Your access to part or all of the Website or the Services
without notice or penalty.
Monitoring: You agree that {Texas Dream Deals} has the right, but not the obligation, to
monitor at any time, for any reason, at its sole discretion, all material and content on the
Website and the Services. {Texas Dream Deals} reserves the right at all times to edit,
disclose or refuse to post any material or information or request for removal of any material
or information from the Website.
Access and Interference: You agree that You will not use any automatic device or manual
process to monitor or copy {Texas Dream Deals} web pages or the content contained
herein. You agree that You will not use any device, software or routine to interfere or
attempt to interfere with the proper working of the Website. You agree that You will not take
any action that imposes an unreasonable or disproportionately large load on the
infrastructure of the Website.
Service Integrity: {Texas Dream Deals} makes reasonable commercial efforts to make its
Services and Website available at all times. However, {Texas Dream Deals} is not
responsible for any service interruptions, including, but not limited to, interruptions that
may affect the receipt, processing and acceptance of bids or other aspects of an auction or
sale.
Controlling Law and Venue: This Agreement, and all questions with respect to the
interpretation of this Agreement, shall be governed by and construed in accordance with
the internal laws of the State of {state}, without regard for conflict of laws provisions.
Consistent with the Dispute Resolution section below, User expressly consents to personal
and exclusive jurisdiction in the courts of the State of {state} located in {county} County.
Dispute Resolution: YOU AGREE TO MEDIATE AND ARBITRATE ANY DISPUTE OR CLAIM
BETWEEN OR AMONG YOU AND ANY OTHER REGISTERED USER OR {COMPANY_NAME}
ARISING OUT OF OR RELATING TO THESE TERMS, AGREEMENTS, ANY SALE OF
EQUIPMENT, ANY INSPECTION REPORT OR ANY OTHER TRANSACTION CONTEMPLATED
BY THESE TERMS INCLUDING, BUT NOT LIMITED TO, ALL CONTRACT AND TORT CLAIMS,
STATUTORY CLAIMS, CLAIMS FOR RELIEF WHETHER EQUITABLE OR LEGAL, ISSUES OF
ARBITRABILITY, AND DISPUTES ABOUT THE SCOPE OF THIS CLAUSE. DISPUTE
RESOLUTION SHALL BE CONDUCTED PURSUANT TO THE FOLLOWING PROCEDURES.
BEFORE INITIATING ANY ARBITRATION, THE PARTIES SHALL ENGAGE IN MEDIATION,
WHICH IS A PROCESS IN WHICH PARTIES ATTEMPT TO CONFIDENTIALLY RESOLVE ANY
DISPUTE BY SUBMITTING IT TO AN IMPARTIAL, NEUTRAL MEDIATOR WHO IS AUTHORIZED
TO FACILITATE THE RESOLUTION OF THE DISPUTE BUT WHO IS NOT EMPOWERED TO
IMPOSE A SETTLEMENT. MEDIATION SHALL BE CONDUCTED IN {CITY}, {STATE}, BY A
MEDIATOR AFFILIATED WITH THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNLESS
THE PARTIES MUTUALLY AGREE TO A DIFFERENT MEDIATOR. SHOULD MEDIATION PROVE
UNSUCCESSFUL TO RESOLVE THE DISPUTE, AND WITHIN ONE YEAR OF THE DISPUTE
ARISING, A PARTY SHALL MAKE A DEMAND FOR BINDING ARBITRATION TO BE
CONDUCTED IN ACCORDANCE WITH THE RULES OF COMMERCIAL ARBITRATION OF THE
AMERICAN ARBITRATION ASSOCIATION. A SINGLE ARBITRATOR WITH KNOWLEDGE OF
THE AUCTION INDUSTRY SHALL CONDUCT THE ARBITRATION IN {CITY}, {STATE}. THE
PARTIES SHALL MUTUALLY AGREE UPON SUCH ARBITRATOR. IN THE EVENT THAT THE
PARTIES HAVE NOT AGREED TO A MUTUALLY ACCEPTABLE ARBITRATOR WITHIN THIRTY
(30) DAYS OF THE DATE OF THE NOTICE OF INTENTION TO ARBITRATE, THE AAA SHALL
SELECT THE ARBITRATOR FROM ITS REGULARLY MAINTAINED LIST OF COMMERCIAL
ARBITRATORS. THE ARBITRATOR SHALL BE BOUND TO APPLY THE LAW, INCLUDING THE
FEDERAL RULES OF EVIDENCE AND THE FEDERAL RULES OF CIVIL PROCEDURE, AND
SHALL BE EMPOWERED TO HEAR AND DETERMINE DISPOSITIVE MOTIONS INCLUDING
MOTIONS TO DISMISS AND MOTIONS FOR SUMMARY JUDGMENT. THE PARTIES SHALL
HAVE THE RIGHT TO CONDUCT TWO DEPOSITIONS OF EACH OPPOSING PARTY. THE
AGGREGATE DEPOSITION DISCOVERY CONDUCTED IN CONNECTION WITH ANY SUCH
ARBITRATION HEARING SHALL NOT EXCEED TEN HOURS FOR EACH PARTY. THE
ARBITRATOR SHALL HAVE THE RIGHT TO ISSUE INJUNCTIONS AND ATTACHMENTS AND
OTHER EQUITABLE REMEDIES AND AWARD COMPENSATORY DAMAGES. THE ARBITRATOR
SHALL HAVE NO POWER TO AWARD CONSEQUENTIAL, PUNITIVE OR TREBLEDAMAGES,
OR ANY OTHER MANNER OF ENHANCED DAMAGES. THE PREVAILING PARTY IN ANY
ARBITRATION SHALL HAVE THE RIGHT TO AN AWARD OF ATTORNEYS’ FEES AND COSTS.
THE AWARD OF THE ARBITRATOR SHALL BE FINAL AND BINDING AND ANY PARTY TO THE
DISPUTE MAY SEEK TO CONFIRM THE AWARD OF THE ARBITRATOR IN ANY STATE OR
FEDERAL COURT OF COMPETENT JURISDICTION IN {CITY}, {STATE} AND ENFORCE THE
AWARD AS A JUDGMENT. EXCEPT FOR THE FILING OF A JUDICIAL ACTION TO CONFIRM,
MODIFY, VACATE, OR ENFORCE AN ARBITRATOR’S AWARD, INCLUDING THE AWARD OF
AN INJUNCTION OR ATTACHMENT, WHICH FILING IS PERMISSIBLE, ANY PARTY WHO
INITIATES LITIGATION, OR WHO INITIATES ARBITRATION WITHOUT FIRST MEDIATING A
DISPUTE, SHALL FORFEIT ANY AND ALL RIGHT TO ATTORNEYS’ FEES AND COSTS AS A
PREVAILING PARTY, AND SHALL REIMBURSE ANY OTHER PARTY TO THE LITIGATION FOR
THEIR COSTS OF LITIGATION INCLUDING ATTORNEYS’ FEES AND COSTS.
Notices to {Texas Dream Deals}: To be valid, notices must be sent through the contact
page and by certified mail, return receipt requested, to {Texas Dream Deals}; Attention
Legal Department; {2503 Griggs Ct..}; {Pearland}, {TX} {77584} or to such other address as
may be designated from time to time.
Notices to User: Notices to User will be sent by email at the email address reflected in
User’s registration information. Notices to User shall be deemed to have been received 24
hours after the email is sent. Notices to {Texas Dream Deals} shall be deemed to have been
given three days after the date of mailing by certified mail, return receipt requested.
Termination: This Agreement constitutes a legally binding agreement between You and
{Texas Dream Deals} until terminated by You or {Texas Dream Deals}, which {Texas Dream
Deals} may do at any time, without notice, at our sole discretion. If You become dissatisfied
with the Service or the Website, in any way, Your only recourse is to immediately
discontinue use of the Service.
Jurisdiction: The laws of the State of {Texas} shall govern this Agreement.
Copyright and Trademarks: The trademarks, trade names and all material contained on
this Website, including all portions of the Website, content, Website design, text, graphics,
and all intellectual property rights thereto are the sole and exclusive property of {Texas
Dream Deals} or its licensors. The use of any such property for any other reason, on any
other website, or the modification, distribution or republication of this material without the
prior written permission from {Texas Dream Deals} is strictly prohibited.
Survival: If any provision of this Agreement is held by a court of competent jurisdiction to
be invalid or unenforceable, then such provision shall be enforced to the maximum extent
permissible so as to effect the intent of this Agreement, and the remainder of this
Agreement shall continue in full force and effect. The failure by either You or {Texas Dream
Deals} to exercise or enforce any rights or provisions of this Agreement shall not constitute
a waiver of such right or provision. You agree that any cause of action arising out of or
related to the Service or this Agreement must commence within six (6) months after the
cause of action arose; otherwise, such cause of action is permanently barred. This
Agreement comprises the entire agreement between You and {Texas Dream Deals} and
supersedes all prior agreements between the parties, regarding the subject matter
contained herein. All provisions in this Agreement regarding representations and
warranties, indemnification, disclaimers and limitations on liability shall survive any
termination of this Agreement.
Export Control Laws: Materials and Services derived or obtained from this Website may be
subject to the U.S. export laws and the export or import laws of other countries. You agree
to comply strictly with all such laws and, in particular, shall: (a) obtain any export, re-
export, or import authorizations required by U.S. or Your local laws; (b) not use Materials or
Services to design, develop or produce missile, chemical/biological, or nuclear weaponry;
and (c) not provide Materials or Services to prohibited countries and entities identified in
the U.S. export regulations. By accepting these Terms You confirm that You are not a
resident or citizen of any country currently embargoed by the U.S. A list of embargoed
countries is available at the official website of the Office of Foreign Assets Control ofthe
U.S. Department of the Treasury at: www.treas.gov/ofac.
Notice to U.S. Government Users: All Select products and services are commercial in
nature. Therefore, the software and Materials available on this Site are “Commercial Items”
as defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and
“Commercial computer Software Documentation”. Consistent with 48 C.F.R. §12.212 or 48
C.F.R. §227.7202-1 through 227.7202-4, as applicable the Commercial Computer Software
and Commercial Computer Software Documentation are licensed to U.S. Government end
users (1) only as Commercial Items and (2) with only those rights as are granted to all other
end users pursuant to the terms and conditions herein.
Entire Agreement: These Terms set out the entire understanding between {Texas Dream
Deals} and customers, users, Sellers, and bidders with respect to the use of this Website.
No other terms, whether expressed or implied, shall apply unless specifically incorporated
by reference herein.
Waiver and Severability of Terms: The failure of {Texas Dream Deals} to exercise or
enforce any right or provision of the Terms shall not constitute a waiver of such right or
provision. If any provision of the Terms is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give effect to the
parties’ intentions as reflected in the provision, and the other provisions of the Terms
remain in full force and effect.
Statute of Limitations: You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the Services or the Terms must be
filed within one (1) year after such claim or cause of action arose or be forever barred.