This agreement is a contract between you ("you" or "your") and Phykes, LLC, a Texas limited liability company acting through its auction division ("Keggas", "We" or "Us"), and governs your use of www.Keggas.com and related websites (collectively, the "Site") and the services provided through the website and otherwise (the "Services"). As a condition to accessing and using the Site and services, Phykes requires that you review and accept this agreement in its totality.
BY REGISTERING TO use THE SITE AND THE SERVICES, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT WITH PHYKES. IF YOU DO NOT FEEL COMFORTABLE OR AGREE TO ACCEPT THIS AGREEMENT, YOU SHOULD NOT ACCESS THE SITE OR USE THE SERVICES AND PRODUCTS THE SITE PROVIDES.

BIDDING AND PURCHASING

1. Eligibility. You may only use this site and the services it provides if you are at least 18 years of age, mentally competent, and can form legally binding contracts under all applicable laws.

2. User Affirmations in connection with bids or purchases. In using this site and the Services it provides you agree to the following:

(a) No contingency to your bid exists other than those stated in the listing at the time of sale.

(b) You may not retract, amend, or modify a bid without prior approval by the Seller.

(c) You will be financially responsible for any bids placed using your username and password.

(d) You are capable of removing the property from its location within the required time frame.

(e) You can obtain the Trade Security Control (TSC) clearance to buy any property that requires a clearance.

(f) You are a real person or entity, with a verifiable address, telephone number, and email address as provided during your registration

(g) You are dealing in good faith and are not attempting to defraud, cheat, or wrong Phykes or any party.

(h) You have inspected every item before placing a bid or you waive the need for inspection.

(i) Except as otherwise stated in writing by the Seller on the Site, you understand that all items are sold "as is, where is" without warranty.

(j) You must not include your business logo, your business name, your name, or any form of contact information such as phone numbers, email addresses or links to other media on your listings, such action will be considered as a valuation of our terms and agreements.

3. Accuracy and Nature of Your Information. You are solely responsible for all information you provide to Phykes or other users on this Site ("Your Information"). We act as a passive conduit for the online distribution and publication of your Information. You agree that Your Information (i) will not be false, inaccurate, or misleading; (ii) will not violate any law, statute, ordinance, or regulation; and (iii) will not be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing.

4. Fees. Phykes do not charge fees for a person to register to make bids or purchases on the site. However, these are the fees associated with selling and bidding or purchasing an item on this site, If you have the winning bid, and do not purchase the item, you will be assessed a service fee equal to $250 or 6.5% whichever is greater. Other fees apply for other services as shown on the site. Fees may change. You are responsible for paying all fees and applicable taxes associated with the site on time.

5. No Disruption. You agree not to attempt at any given time any action that might disrupt Phykes sites or services. You as well agree that (i) Your Information and all other input on Phykes site will not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs, or other software, devices, files, or routines that might damage, interfere with, copy, intercept or expropriate any system, data or personal information; (ii) You will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers or other vendors; (iii) You will not use our Site to obtain e-mail addresses for bulk e-mail solicitations or otherwise; (iv) You will not reverse engineer any of our services, programs, or infrastructure; (v) You will not use any robot, spider, other automatic devices, or manual process to monitor or copy our web pages or the content contained herein without our prior express written permission; and (vi) You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

6. User Password. Upon your registration, you will select a username and a password. You agree that you are solely responsible for preserving the confidentiality of your username and your password and all activities and charges related to the use of your password, including unauthorized use. You agree not to furnish your username, password, or other information to any other party for use of the Site and the Services. You agree to notify Phykes immediately of any unauthorized use of your personal password or username and any other breach of security regarding the Services.

7. Consent to E-Mail Correspondence. You hereby agree that we may send future correspondence to you via electronic mail ("e-mail") that notifies you of auction items that we believe might interest you. Any e-mail correspondence to you (i) shall be clearly and conspicuously identified as sent by Phykes; and (ii) shall clearly and conspicuously display a functioning return e-mail address to enable you to reply to Phykes.

8. Electronic Signature. Prospective bidders are notified by this statement that your consent to these terms and conditions by checking the box indicating your agreement to be bound to these terms, meets the requirements of Section 101(c) (1) (C) (ii), the Consumer Consent Provision, of the Electronic Signatures in Global and National Commerce Act (ESIGN). You may print these terms and conditions, but they are subject to change by us. Changes to the terms and conditions will be effective from the time they are placed on our website, in the terms and conditions section of the site, or any other section where they might appear.

9. BUYER OBLIGATIONS

In bidding or purchasing items on Phykes sites or accessing Phykes site and services, you represent, warrant, and agree to the following:

10. Payment and Shipment. At the close of an auction in which you have a winning bid, you agree to make immediate payment for the total amount due, including the stated Buyer's Premium, shipping costs, and all duties and taxes if applicable, using payment methods provided by the seller. As a winning bidder, you also will make immediate arrangements to take delivery of the goods.

11. Deposits. Sellers reserve the right to require an earnest money deposit before or during bidding on certain items at our sole discretion or at the discretion of the Seller. Any such deposits from you will be retained and applied to the pending invoice or any past due balances owed by you. Any deposits taken from non-winning bidders will be returned. Furthermore, All bidders will have a hold placed on their card for 6.5% of your initial bid amount. The hold will range from a minimum hold of $140 to the maximum hold of $2500. When a bidder wins the auction, the hold will be converted to buyer fee charges. If the bidder did not win, the hold will be released immediately at the end of the auction.

12. Failure to Complete Purchase. If you fail to complete a purchase of an item for which you submitted a winning bid, you agree to all of the following remedies:

(a) you will be required to pay a fee to Phykes equal to the greater of 6.5% of the final bid price;

(b) you may be required through specific performance to complete the purchase and/or you may be sued for damages;

(c) your access to all phykes site and services may be suspended or terminated;

(d) the Seller may sell or otherwise dispose of the item and charge all losses and other expenses to you.

(e) any bid deposit will be immediately forfeited and applied against any such losses, expenses, penalties, and fees; and

(f) if you refuse shipment or delivery upon arrival to the location specified, you will be responsible for the associated shipping charges.

13. Legal Compliance. You will comply with all applicable laws, statutes, ordinances, and regulations regarding your use of our Services. Bidding on an asset with the intent not to complete the transaction or bidding on multiple assets disrupting the process and not completing the transactions will be considered in most jurisdictions as fraud and may be prosecuted to the fullest extent of the law.

LIABILITY LIMITATIONS AND RELEASES

14. Absence of Liability. You will not hold Phykes responsible for actions or inactions of Sellers or other users, including the quality or condition of the property or the information posted. You acknowledge that we are not a traditional auctioneer and we are not the Seller of property sold through our Site. Instead, the Site provides a marketplace for users to offer, sell, and buy items of all kinds in a variety of pricing formats and venues, such as stores, fixed price formats, and auction-style formats. We are not involved in the actual transaction between you and the Sellers. We have no control over and do not guarantee the quality, safety, or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, or the actual completion of a sale to you, even upon a successful bid.

15. Disclaimer of Warranties. THE SITE AND SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, AND INFORMATION ON OR ACCESSED THROUGH THE SITE OR SERVICES, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS.

PHYKES OR KEGGAS DISCLAIMS ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, SYSTEM INTEGRATION, OR QUIET ENJOYMENT. PHYKES DOES NOT WARRANT THAT THE SERVICES, FUNCTIONS, FEATURES, OR CONTENT WILL BE FUNCTIONAL, TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. PHYKES MAKES NO WARRANTY THAT THE LISTED ASSETS, SITE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR GUARANTEES THAT BY LISTING THE ASSETS. PHYKES MAKES NO WARRANTY OF ANY KIND REGARDING ANY LISTED ASSETS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. PHYKES EXPRESSLY DISCLAIMS ANY ENDORSEMENT OR WARRANTY OF ANY LISTED ASSETS SOLD ON OR THROUGH THE SITE OR THE SERVICES AND ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY SELLER / OTHER USERS.

16. Interruption of Service. Phykes is not responsible for any damages or losses related to any system errors or interruptions affecting its Site and the processing of any bids, auctions, or sales. You understand and acknowledge that the Site and our Services may be unavailable unexpectedly.

17. Third-Party Links. The Site might contain links to other websites or resources for your convenience in locating related information and services. You acknowledge and agree that Phykes is not responsible or liable for (i) the availability or accuracy of such sites or resources, (ii) the content, advertising, or products on or available from such sites. The inclusion of any link on the Site does not imply that Phykes endorses the linked site. You use the links at your own risk.

18. Release. If you have a dispute with a Seller or any other Buyer or user 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. If you are a California resident, you waive California Civil Code §1542, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

19. Resolution of Disputes by Arbitration. You shall resolve any dispute or claim involving Phykes through binding arbitration and not in court. The arbitration will be conducted by the American Arbitration Association according to its rules and must take place in Houston, Harris County, Texas. The arbitration will be conducted only on an individual basis and not as a class, consolidated or representative action.

20. Indemnity. You agree to indemnify, defend and hold harmless Phykes from and against all debts, liabilities, obligations, claims, suits, judgments, damages, expenses, including attorney's fees, and demands, made or incurred by any third party arising out of your breach or alleged breach of this agreement or your violation or alleged violation of any applicable law or any rights of a third party.

21. PRIVACY (see more details)

Phykes will not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Phykes Privacy Policy. We view the protection of Buyers' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide to us. For a complete description of how we use and protect your personal information, see the Phykes Privacy Policy. If you object to Your Information being transferred or used in this way please do not use our services.

22. TERMINATION OR SUSPENSION

Phykes reserves the right to suspend or terminate your access to our Site and Services for any reason or no reason, without notice. Among other reasons, we may suspend or terminate your access to our Services if (a) you breach any of the provisions of this agreement; (b) we suspect that you have engaged in fraudulent activity of any kind in connection with our Site; (c) you manipulate the price of any item or interfere with another user's communications or transactions; (d) we are unable to verify any information you provide to us; or (e) we believe that your actions might cause legal liability for you, our users or us.

23. MISCELLANEOUS

Changes to Site and Services. Phykes may modify, suspend, or terminate any aspect of our Site and Services, including, but not limited to content, auction features, news and information, and product categories without notice.

24. Record Keeping. Phykes cannot guarantee the preservation or maintenance of records relating to historical auction transactions. We encourage you to keep individual records and an accounting of all activity conducted through our Site.

25. Notice and Communications. Unless stated otherwise, all notice and communication with you shall be provided by e-mail to the e-mail address you provided in your registration application or via posting on the Site. Notice shall be deemed to have been provided 24 hours after the e-mail was transmitted by Phykes or the information was posted on the Site.

26. Governing Law. Texas law, without regard to any conflict of law principles, governs this agreement and any dispute or claim you might have with Phykes.

27. Severability. If any provision of this agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision will be enforced to the maximum extent permissible and the remainder of this agreement will continue in full force and effect. But if disregarding the unenforceable provisions would deprive either party of an essential purpose of this contract, the entire contract is to be held unenforceable.

28. Waiver. The failure of Phykes to exercise or enforce any right or provision of this agreement will not be deemed a waiver of such right or provision in the future.

29. Independent Contractor Relationship. The relationship between you and Phykes is intended to be that of an independent contractor. No agency, partnership, joint venture, or franchise relationship is implied, intended, or created by this agreement.

30. Intellectual Property. All inventions, know-how, improvements, discoveries, methods, processes, concepts, designs, ideas, prototypes, samples, drawings, blueprints, specifications, the computer or intellectual property programs, methods of doing business, copyrights, trademarks, trade names, software, and/or other works conceived of and/or reduced to practice or writing or otherwise relating in any way to the Site or the Services are the intellectual property of Phykes (the "Phykes IP"). Besides, all content contained on the Site is Phykes IP that is copyrighted material, and Phykes retains and reserves all rights to the content. Phykes IP might be created by one or more of Phykes employee(s) alone or jointly with a user or users of the Site or Services arising from the users' use and development of the Services or as a result of feedback regarding the Site or Services ("Feedback"). All right, titles, and interests in any Phykes IP will belong to Phykes and will be subject to the conditions of this agreement. You hereby irrevocably assign to Phykes all right, title, and interest you might acquire in any Phykes IP. Phykes may, at its option, file an application for intellectual property protection for Phykes IP. If any such Phykes IP is created with your participation or Feedback, you agree to cooperate with Phykes to assure that such application(s) will cover, to the best of your knowledge, all related assets, including all features of commercial interest and importance. Phykes IP is the sole and exclusive property of Phykes and may not be used, copied, modified, published, transmitted, distributed, displayed, or sold without the prior written consent of Phykes

31. Copyrights. The Site might contain copyrighted, trademarked, or other proprietary materials that belong to third parties and are used with the owner's permission. You agree not to copy, modify, distribute, or create any derivative work from such materials without prior written consent from the owner. You will indemnify and hold Us harmless, as provided for previously in this agreement, from any claim or demand made by a third party due to or arising out of your violation of any law or rights of a third party.

32. Trademarks. The Site and Phykes trade names, domain names, and logos found on the Site are trademarks or service marks of Phykes. No display or use of such marks may be made without the express written permission of Phykes

33. Assignment. This agreement may not be assigned to any other person(s), firms, or corporations without the express written approval of Phykes. However, you agree that this agreement and all incorporated agreements may be assigned by Phykes to any party. This agreement and all incorporated agreements may be automatically be assigned by Phykes at our sole discretion, to a third party in the event of a merger or acquisition.

34. Entire Agreement. This agreement constitutes the entire agreement between you and Phykes and supersedes any previous agreements, whether oral or in writing, between you and Phykes. Phykes may, at its sole discretion, remove or change any aspect of this agreement at any time.

35. Survival. The warranties, covenants, and representations of the parties to this agreement will survive the termination of the agreement.

36. Headings. Headings are for reference purposes only and in no way affect the interpretation of this agreement.