Terms and Conditions of Equipment Acquisition

1. Definitions

As used throughout these Terms:

• "Company," "We," "Us," or "Our" means FitzgeraldTech LLC, a Texas limited liability company, its successors, assigns, affiliated brands (including Big Tex Tech and GreenIT Pickup), officers, employees, contractors, and agents.
• "Seller," "You," or "Your" means any individual, entity, or authorized representative submitting equipment or entering into any transaction through the Platform, jointly and severally if more than one party.
• "Equipment" means any and all servers, storage devices, networking hardware, workstations, components, peripherals, drives, and any other IT assets submitted or tendered for evaluation or acquisition, as described by the Seller.
• "Offer" means a written purchase price proposal issued by the Company to the Seller, which is non-binding on the Company until final payment is issued.
• "Transaction" means the entirety of activities associated with the Company's acquisition of Equipment, including evaluation, logistics, data handling, and payment.
• "As-Received Condition" means the actual physical, functional, and configurational state of Equipment at the time it arrives at and is inspected by the Company.
• "Data Destruction Services" means optional sanitization activities performed by the Company, if and only if expressly agreed upon in a separate written addendum.

2. No Obligation to Transact; Absolute Discretion

THE COMPANY IS UNDER NO OBLIGATION AT ANY TIME TO EVALUATE ANY EQUIPMENT SUBMISSION, ISSUE ANY OFFER, ACCEPT ANY EQUIPMENT, COMPLETE ANY TRANSACTION, OR PROVIDE ANY SERVICES TO ANY SELLER. The Company reserves the absolute and unconditional right, exercisable at any time and for any reason or no reason, to:

• Decline to evaluate any equipment submission without explanation
• Rescind or modify any Offer at any time prior to final payment, for any reason, including but not limited to changes in market conditions, staffing, capacity, or Company business priorities
• Reject Equipment upon receipt if, in the Company's sole judgment, it does not meet the Company's requirements
• Suspend or terminate any Transaction immediately and without liability
• Cease offering any services through the Platform at any time without notice

No prior course of dealing, prior transactions, communications, or conduct by the Company shall create any obligation, expectation, or entitlement on the part of any Seller to receive any particular offer, service, or treatment.

3. Seller Representations, Warranties, and Covenants

By submitting any Equipment or entering into any Transaction, the Seller makes the following representations and warranties as of the date of submission and as of the date of each subsequent act in furtherance of the Transaction, and such representations and warranties shall survive the completion or termination of any Transaction indefinitely:

• The Seller is the sole, lawful, and unencumbered owner of the Equipment, or is a duly authorized agent with legal authority to convey clear and unencumbered title free of all liens, security interests, leases, financing arrangements, judgments, or third-party claims of any nature
• The Equipment is not stolen, misappropriated, held subject to any legal hold, court order, government seizure, asset freeze, bankruptcy estate, or regulatory restriction
• The Seller has full legal capacity and authority to enter into these Terms and to bind any entity on whose behalf it acts
• All information provided to the Company regarding the Equipment, including but not limited to make, model, serial number, quantity, configuration, condition, and functionality, is accurate, complete, current, and not misleading in any respect
• No component, drive, memory module, or other part has been swapped, substituted, removed, or altered from the Equipment's originally described configuration without prior written disclosure to the Company
• The Equipment is not subject to any export control restriction, trade embargo, ITAR classification, or OFAC sanction that would impair or prohibit its transfer, resale, or export
• The Seller has no knowledge of any pending or threatened litigation, regulatory action, government investigation, or claim involving the Equipment
• The Seller has removed or will remove all proprietary software licenses, subscription entitlements, and access credentials from the Equipment prior to transfer, unless otherwise agreed in writing
• The sale of the Equipment does not violate any contractual obligation, fiduciary duty, court order, law, or regulation applicable to the Seller or the Equipment

Any breach of the foregoing representations and warranties, whether discovered before or after completion of a Transaction, shall entitle the Company to seek full indemnification, rescission, and all available legal and equitable remedies against the Seller.

4. Offer Process, Validity, and Modification

4.1 Offers Are Estimates Only

All Offers issued by the Company are estimates based solely on the information provided by the Seller and represent a conditional, non-binding expression of interest. No Offer creates any contractual obligation on the part of the Company to purchase the Equipment at the stated price or at any price. The Company's obligation to pay arises only upon the Company's final acceptance of Equipment in As-Received Condition and the Company's affirmative election to proceed with payment.

4.2 Offer Validity

Offers are valid for a maximum of fourteen (14) calendar days from issuance unless a shorter period is stated in the Offer. Upon expiration, any Offer is null and void without further notice, and the Company has no obligation to renew, honor, or re-issue any Offer at any price. Market conditions may change materially within the validity period, and the Company expressly reserves the right to revise or rescind an Offer at any time, including during the validity period, if market conditions, Company capacity, or Company priorities change.

4.3 No Offer Constitutes a Contract

No Offer, quote, email, verbal statement, or other communication by any Company representative shall constitute a binding purchase agreement. A binding Transaction is formed only upon the Company's affirmative issuance of final payment, which constitutes the Company's election to complete the Transaction on the terms then in effect. Until that moment, the Company may withdraw without liability.

5. As-Received Condition; Price Adjustment; Right to Reject

5.1 Binding Inspection Authority

All Equipment is subject to physical inspection, testing, and evaluation by the Company upon receipt. The Company's determination of As-Received Condition is FINAL AND BINDING. The Seller acknowledges and agrees that the Company's internal grading assessment, testing results, and valuation represent the definitive measure of Equipment condition for purposes of any Transaction.

5.2 Automatic Price Reduction or Rejection

The Company may, at its sole and absolute discretion and without any obligation to negotiate, either: Adjust (reduce) the Offer price to any amount the Company determines appropriate based on As-Received Condition; or Reject the Equipment entirely and return it to the Seller at the Seller's sole expense.

Price adjustments or rejection may be made without limitation for any of the following, or for any other reason the Company deems relevant:

• Equipment condition does not match Seller's description in any respect, regardless of materiality
• Missing components, drives, rails, bezels, power supplies, or any other parts
• Cosmetic damage, excessive wear, cracked housings, damaged ports, or missing labels
• Non-functional components, failed drives, bad memory, or POST errors
• Discrepancy in serial numbers, model numbers, or asset tags
• Evidence of unauthorized repair, modification, or third-party service
• Actual quantity differs from submitted quantity in any direction
• Equipment has been wiped, partially wiped, or encrypted such that testing is impaired
• Market depreciation occurring between Offer issuance and Equipment receipt
• Any other condition, circumstance, or factor the Company determines relevant

5.3 Seller's Options Upon Price Adjustment

If the Company issues a revised Offer following inspection, the Seller may accept the revised Offer or request return of the Equipment within five (5) business days of notification. Failure to respond within five (5) business days shall constitute acceptance of the revised Offer. If the Seller elects return, all return shipping costs, handling fees, and any third-party logistics costs are the sole responsibility of the Seller and must be prepaid. The Company bears no liability for Equipment awaiting return for more than thirty (30) days; after such period, the Equipment may be deemed abandoned and disposed of at the Company's discretion without compensation.

6. Logistics, Shipping, and Risk of Loss

6.1 Seller Bears All Risk

Risk of loss, damage, or destruction of Equipment remains solely with the Seller until the Company physically receives, inspects, and accepts the Equipment and issues final payment. The Company assumes no responsibility for Equipment lost, damaged, or destroyed in transit, regardless of who arranged or paid for shipping.

6.2 Packaging Responsibility

The Seller is solely responsible for packaging Equipment in a manner sufficient to prevent damage in transit, using appropriate anti-static materials, foam padding, and protective wrapping for all components. If Equipment arrives damaged due to inadequate packaging, the Company shall adjust the Offer price accordingly or reject the Equipment entirely, and the Seller shall have no claim against the Company for any resulting reduction.

6.3 Prepaid Labels and Freight

If the Company provides prepaid shipping labels or arranges freight pickup as an accommodation, such arrangement does not transfer risk of loss to the Company during transit, does not constitute an acceptance of the Equipment, and does not obligate the Company to complete the Transaction. If the Transaction does not close for any reason attributable to the Seller (including but not limited to misdescription, rejection, or Seller withdrawal), the Seller shall reimburse the Company for all shipping and logistics costs incurred within ten (10) days of demand.

6.4 Local Pickup

For Equipment located in the Dallas-Fort Worth metropolitan area, local pickup may be offered at the Company's discretion. Equipment must be de-racked, accessible, inventoried, and ready for transport at the scheduled time. Failed pickups, rescheduling within 24 hours of a scheduled appointment, or equipment that is not ready at the scheduled time may result in a rescheduling fee of up to $250 per occurrence, charged against any Transaction proceeds or invoiced directly to the Seller.

7. Data Security; Seller's Sole Responsibility

7.1 Seller Bears Full Data Responsibility

THE SELLER BEARS SOLE, COMPLETE, AND NON-DELEGABLE RESPONSIBILITY FOR ENSURING THAT ALL SENSITIVE, CONFIDENTIAL, PROPRIETARY, PERSONALLY IDENTIFIABLE, REGULATED, OR PROTECTED DATA IS FULLY AND IRREVERSIBLY REMOVED FROM ALL EQUIPMENT PRIOR TO TRANSFER TO THE COMPANY. This obligation applies to all storage media, including hard drives, SSDs, NVMe drives, RAID arrays, flash memory, embedded storage, NVRAM, BIOS/UEFI configurations, and any other medium capable of retaining data.

7.2 No Guarantee of Data Destruction

IF THE COMPANY OFFERS DATA DESTRUCTION SERVICES AS AN OPTIONAL ADD-ON TO A TRANSACTION (AS SET FORTH IN A SEPARATE WRITTEN ADDENDUM), THE COMPANY SHALL USE COMMERCIALLY REASONABLE EFFORTS TO SANITIZE STORAGE MEDIA. HOWEVER, THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT DATA DESTRUCTION WILL BE COMPLETE, SUCCESSFUL, OR COMPLIANT WITH ANY REGULATORY STANDARD. THE COMPANY EXPLICITLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE COMPLETENESS OR EFFECTIVENESS OF ANY DATA DESTRUCTION ACTIVITY.

7.3 Company Not Liable for Residual Data

THE COMPANY SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY RESIDUAL DATA REMAINING ON EQUIPMENT AFTER ANY DATA DESTRUCTION ACTIVITY, WHETHER CAUSED BY ENCRYPTED DRIVES, HARDWARE FAILURE, PROPRIETARY FIRMWARE, INACCESSIBLE PARTITIONS, WEAR-LEVELING ARTIFACTS, OR ANY OTHER TECHNICAL LIMITATION. THE SELLER EXPRESSLY RELEASES THE COMPANY FROM ANY AND ALL CLAIMS ARISING FROM OR RELATED TO RESIDUAL DATA, DATA EXPOSURE, DATA BREACH, OR REGULATORY VIOLATION ATTRIBUTABLE TO DATA ON EQUIPMENT TRANSFERRED BY THE SELLER.

7.4 Certificate of Data Destruction

A Certificate of Data Destruction, if issued, documents only that the Company performed its standard sanitization process on identifiable storage media that was accessible and functional upon receipt. It does not constitute a guarantee of complete data eradication, does not create any warranty, and does not expand the Company's liability in any respect. The Seller may not rely on any Certificate of Data Destruction as a substitute for the Seller's own pre-transfer data removal obligations.

8. Payment Terms

8.1 Payment Timeline

The Company targets payment within ten (10) to twenty-one (21) business days following receipt, inspection, and the Company's election to complete the Transaction. The Company reserves the right to extend this timeline without penalty for any reason, including but not limited to additional testing requirements, staffing limitations, banking delays, or business priorities. No interest shall accrue on any outstanding payment amount regardless of the delay duration.

8.2 Payment Method at Company's Discretion

The Company shall select the payment method (ACH, check, PayPal, or other) at its sole discretion unless another method has been expressly agreed upon in writing prior to the Transaction. The Company is not obligated to accommodate any particular payment preference of the Seller.

8.3 Right of Offset

The Company expressly reserves the right to offset against any amount owed to the Seller any costs, expenses, fees, or damages the Company has incurred or anticipates incurring as a result of the Seller's breach of these Terms, including but not limited to return shipping costs, rescheduling fees, logistics costs, and any damages arising from misdescription of Equipment.

8.4 No Obligation to Match Market

The Company is a direct buyer and is under no obligation to match any third-party offer, market price, or valuation. Offers reflect the Company's independent assessment and business judgment. Acceptance of any Offer constitutes the Seller's acknowledgment that the Seller has had the opportunity to seek competing offers and has elected to sell to the Company on an arms-length basis.

8.5 Tax Obligations

The Seller is solely responsible for all federal, state, and local tax obligations arising from the receipt of payment. The Company may issue IRS Form 1099 as required by law. The Seller agrees to provide a completed W-9 or equivalent documentation upon request as a condition of receiving payment.

9. Title; Clear Conveyance; Third-Party Claims

Title to Equipment transfers to the Company only upon the Company's issuance of final payment. The Seller warrants and guarantees that upon payment, the Company shall receive clear, marketable, and unencumbered title, free and clear of all liens, security interests, encumbrances, and third-party claims of any nature. If any third party subsequently asserts any claim against the Equipment or against the Company arising from the Seller's prior ownership or transfer of the Equipment, the Seller shall immediately, without demand:

• Indemnify, defend, and hold harmless the Company from all resulting costs, losses, damages, and expenses, including attorneys' fees
• Intervene in any proceedings as necessary to protect the Company's title and interests
• Repay to the Company any amounts paid for the Equipment if title is successfully challenged
• Be liable for all consequential damages the Company suffers as a result of any title dispute

10. Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SELLER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS FITZGERALDTECH LLC, ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATED BRANDS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, "COMPANY PARTIES") FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, PROCEEDINGS, LOSSES, LIABILITIES, DAMAGES, SETTLEMENTS, JUDGMENTS, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS) OF ANY KIND OR NATURE, ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH:

• Any breach or alleged breach of any representation, warranty, covenant, or obligation of the Seller under these Terms
• Any inaccuracy in any information provided by the Seller regarding the Equipment
• Any third-party claim asserting an ownership interest, lien, or encumbrance on the Equipment
• Any residual data exposure, data breach, regulatory violation, or privacy claim arising from data on Equipment transferred by the Seller
• Any claim by a current or former employee, shareholder, creditor, lessee, or lienholder related to the Equipment
• Any violation of applicable law, regulation, or third-party right by the Seller in connection with the Equipment or the Transaction
• Any failure by the Seller to sanitize data prior to transfer
• Any export control, ITAR, EAR, or OFAC violation related to the Equipment
• Any environmental liability or hazardous materials claim related to the Equipment
• Any fraudulent, negligent, or intentional misconduct by the Seller

This indemnification obligation survives the termination or completion of any Transaction and is not limited by any payment amount or Transaction value.

11. Limitation of Liability

11.1 Absolute Exclusion of Consequential Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE TO THE SELLER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COST OF REPLACEMENT EQUIPMENT, OR ANY OTHER ECONOMIC LOSS, ARISING OUT OF OR RELATED TO THESE TERMS, ANY TRANSACTION, OR THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Aggregate Liability Cap

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY TO THE SELLER FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO ANY SINGLE TRANSACTION SHALL NOT EXCEED THE LESSER OF: (A) THE ACTUAL AMOUNT PAID BY THE COMPANY TO THE SELLER IN THAT SPECIFIC TRANSACTION; OR (B) ONE THOUSAND DOLLARS ($1,000.00). THIS CAP APPLIES REGARDLESS OF THE NUMBER OF CLAIMS, THEORIES OF LIABILITY, OR CAUSES OF ACTION ASSERTED.

11.3 No Liability for Market Changes

THE COMPANY SHALL NOT BE LIABLE FOR ANY REDUCTION IN EQUIPMENT VALUE DUE TO MARKET DEPRECIATION OCCURRING AT ANY TIME, INCLUDING BETWEEN OFFER ISSUANCE AND EQUIPMENT RECEIPT OR PAYMENT. MARKET FLUCTUATIONS ARE A KNOWN RISK BORNE SOLELY BY THE SELLER.

11.4 No Liability for Third-Party Acts

THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS OF CARRIERS, FREIGHT COMPANIES, LOGISTICS PROVIDERS, OR OTHER THIRD PARTIES INVOLVED IN ANY TRANSACTION, REGARDLESS OF WHETHER SUCH THIRD PARTIES WERE RECOMMENDED OR ARRANGED BY THE COMPANY.

12. Disclaimer of Warranties

THE PLATFORM AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND COMPLETENESS. THE COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. NO ORAL OR WRITTEN STATEMENT BY ANY COMPANY REPRESENTATIVE SHALL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH IN THESE TERMS.

13. Equipment Condition Grading Standards

The Company's condition grading standards are set forth below for reference only. These standards are applied at the Company's sole and unreviewable discretion. The Seller's own assessment of Equipment condition has no binding effect on the Company's determination.

• Grade A — Fully Functional: Powers on, passes POST, all components functional, cosmetically clean with minor wear acceptable. Full Offer value.
• Grade B — Functional with Defects: Powers on but has non-critical component issues, cosmetic damage, or missing non-essential parts. Offer reduced at Company's discretion.
• Grade C — Partially Functional / For Parts: Does not pass POST, significant missing components, or heavy cosmetic damage. Offer significantly reduced or rejected.
• Grade D — Non-Functional / Scrap: Does not power on, catastrophic damage, or no recoverable value. No offer or nominal scrap value only.
• Grade X — Rejected: Equipment misrepresented, presents legal or environmental risk, or is otherwise unacceptable at the Company's discretion. Returned at Seller's expense.

The Company reserves the right to grade Equipment at any level based on As-Received Condition. Grade determinations are final.

14. Cancellation; Abandoned Equipment

14.1 Pre-Shipment Cancellation

Either party may cancel a Transaction prior to shipment by written notice. No fees apply to the Seller for cancellation at this stage. However, if the Company has already incurred costs in reliance on the Transaction (such as scheduling, travel, or logistics arrangements), the Company may invoice the Seller for such costs.

14.2 Post-Shipment Cancellation

Once Equipment has been shipped or is in transit, cancellation is at the Company's sole discretion. If the Seller seeks to cancel after shipment, the Seller shall bear all return shipping and handling costs regardless of the reason for cancellation.

14.3 Abandoned Equipment

Equipment that has been received by the Company and for which the Seller has (a) failed to respond to a revised Offer within five (5) business days, (b) failed to arrange or prepay return shipping within ten (10) business days of a rejection notice, or (c) otherwise been unresponsive for thirty (30) or more calendar days, shall be deemed abandoned. Abandoned Equipment may be processed, recycled, resold, or otherwise disposed of by the Company at its sole discretion without any obligation to compensate the Seller. The Seller expressly waives any claim to abandoned Equipment or its value.

15. Dispute Resolution; Waiver of Class Action; Attorneys' Fees

15.1 Mandatory Informal Resolution

Prior to initiating any formal legal proceeding, the Seller must provide the Company with written notice of the dispute and allow thirty (30) calendar days for good-faith resolution. The Seller may not initiate litigation or arbitration without satisfying this precondition. The notice must describe the dispute in reasonable detail and specify the amount in controversy.

15.2 Individual Claims Only — No Class Actions

ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. THE SELLER EXPRESSLY WAIVES ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, MASS ARBITRATION, OR CONSOLIDATED PROCEEDING AGAINST THE COMPANY. THE SELLER MAY NOT BRING ANY CLAIM AS A CLASS REPRESENTATIVE OR CLASS MEMBER. THIS WAIVER IS A MATERIAL INDUCEMENT FOR THE COMPANY TO ENTER INTO ANY TRANSACTION AND IS NON-SEVERABLE FROM THESE TERMS.

15.3 Governing Law and Venue

These Terms and all disputes arising hereunder shall be governed exclusively by the laws of the State of Texas, without regard to conflict of law principles. All legal proceedings shall be brought exclusively in the state or federal courts of Tarrant County, Texas. The Seller irrevocably consents to personal jurisdiction and venue in such courts and waives any objection to jurisdiction, venue, or inconvenience of forum. The Seller waives any right to a jury trial in any proceeding arising from these Terms or any Transaction.

15.4 Attorneys' Fees

In any dispute in which the Company is the prevailing party, the Seller shall pay all of the Company's attorneys' fees, court costs, and litigation expenses. If the Seller is the prevailing party, each party shall bear its own fees and costs.

15.5 Limitation on Actions

ANY CLAIM OR CAUSE OF ACTION BY THE SELLER ARISING OUT OF OR RELATED TO THESE TERMS OR ANY TRANSACTION MUST BE BROUGHT WITHIN SIX (6) MONTHS OF THE DATE THE SELLER KNEW OR REASONABLY SHOULD HAVE KNOWN OF THE CLAIM, OR SHALL BE FOREVER BARRED. THIS LIMITATION PERIOD SUPERSEDES ANY OTHERWISE-APPLICABLE STATUTE OF LIMITATIONS.

16. Export Controls; Environmental Compliance

16.1 Seller's Export Representation

The Seller represents that the Equipment is not subject to any U.S. Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR), or OFAC restrictions that would impair its lawful transfer. If any Equipment is subject to export controls, the Seller must disclose this in writing before submission. Failure to disclose constitutes a material breach, and the Seller shall indemnify the Company for any resulting regulatory exposure, fines, penalties, or enforcement actions.

16.2 Environmental Representations

The Seller represents that the Equipment does not contain undisclosed hazardous substances in quantities or configurations that differ from standard commercial IT equipment. The Seller shall disclose any known environmental concerns, contamination, or regulatory designations affecting the Equipment prior to transfer. Any costs incurred by the Company arising from undisclosed hazardous materials in Equipment are the sole responsibility of the Seller.

17. Privacy

Information collected from the Seller is used solely for the purpose of evaluating and completing Transactions and maintaining business records. The Company may retain contact information for future communications. The Company's Privacy Policy, available at SellMyServer.com/privacy, is incorporated by reference. The Company is not a data processor, data custodian, or data fiduciary with respect to any Seller data stored on Equipment; all such responsibility remains with the Seller.

18. General Provisions

18.1 Entire Agreement

These Terms, together with any written Transaction confirmation or data destruction addendum specific to a Transaction, constitute the entire agreement between the parties regarding the subject matter hereof, superseding all prior and contemporaneous representations, negotiations, and understandings. No parol evidence, course of dealing, or prior conduct shall modify these Terms.

18.2 Company's Right to Amend

The Company may modify these Terms at any time by posting updated Terms on the Platform. The updated Terms take effect immediately upon posting. The Seller's continued use of the Platform or submission of Equipment after any update constitutes acceptance. The Company is not required to provide individual notice of changes.

18.3 Severability

If any provision of these Terms is held invalid or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable. The remainder of these Terms shall continue in full force and effect. In no event shall any finding of invalidity affect the Limitation of Liability, Indemnification, Class Action Waiver, or Dispute Resolution provisions, which are fundamental to the Company's willingness to transact.

18.4 No Waiver

The Company's failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. All rights of the Company are cumulative.

18.5 Assignment

The Seller may not assign, transfer, or delegate any rights or obligations under these Terms without the Company's prior written consent. The Company may assign these Terms or any rights hereunder freely, including to any affiliate, successor, or acquirer, without the Seller's consent.

18.6 Force Majeure

The Company shall not be liable for any delay, failure, or non-performance caused by circumstances beyond its reasonable control, including natural disasters, government action, labor disputes, supply chain disruptions, cybersecurity incidents, power outages, or telecommunications failures. Force majeure events suspend the Company's obligations without liability.

18.7 Electronic Communications and Signatures

Electronic signatures, acceptances, confirmations, and communications are binding and satisfy any written requirement under these Terms. Email communications to the addresses on file for each party constitute valid written notice.

18.8 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

18.9 Relationship of Parties

These Terms do not create any partnership, joint venture, agency, franchise, employment, or fiduciary relationship between the parties. The Seller has no authority to act on behalf of the Company in any capacity.

19. Contact Information

For questions or notices required under these Terms: