Last Updated: March 20, 2026

1) Introduction

DirtHammer, Inc. (together with its affiliates, subsidiaries, divisions, and brands, collectively, the “Company,” “us,” “we,” or “our,” as the context may require) operates and provides dirthammer.com (the “Site”).

2) Acceptance of Terms of Use

These Terms of Use are entered into by and between you and the Company. The following Terms of Use, together with any documents they expressly incorporate by reference and any other applicable policies, including our Privacy Policy (collectively, “Terms”), govern your access to and use of the Site, including any applications or widgets, content, features, functionality, materials, information, and services offered on or through the Site. 

Please read these Terms carefully before you use the Site. By registering, accessing, or using the Site, including by placing a bid, or by clicking “I accept” or “I agree” to the Terms when this option is made available to you, you affirm that you are of legal age to enter into these Terms, and you accept and agree to be bound and abide by these Terms. If you do not agree to these Terms, please do not visit, access, use, or otherwise interact with the Site.

The Site is offered and available to individuals who are 18 years of age or older. If you are not 18 years of age or older, please do not visit, access, use, or otherwise interact with the Site. 

If you agree on behalf of a corporation, governmental organization, or other legal entity, you represent and warrant that you have the right, power, and authority to enter into these terms on its behalf. 

3) Changes to Terms

We reserve the right to change these Terms in our sole discretion without advance notice. Changes to these Terms become effective on the date when the updated Terms are published on the Site. Your continued use of the Site after we revise the Terms means you accept such revisions and agree to abide and be bound by the most recent version of the Terms, so please check this page periodically for updates.

4) Access; Consent to Electronic Communications

Certain portions of the Site allow users to set up an account, including providing certain registration details and creating login information such as a unique username and password. It is a condition of your use of the Site that all information you provide on the Site is correct, current, and complete. By setting up an account, you expressly agree to (a) keep the username, password, and other account or login information confidential; (b) supervise and be responsible for the user of your account; and (c) contact us and promptly change your login information if you believe that an unauthorized person has access to your account or login information.

We reserve the right to suspend your account for improper access or violation of these Terms, or at any time in our sole discretion for any or no reason. We further reserve the right to restrict your access to all or part of the Site at any time in our sole discretion for any or no reason.

By providing your information or creating an account, you agree that the Company may contact you by email, direct mail, telephone, or text message at any of the addresses or phone numbers, as applicable, provided by you or on your behalf in connection with your account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchase. You may opt out of receiving emails, telephone calls, or text messages by contacting us at any time.

If you use a mobile device, please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply. In the event you change or deactivate your mobile telephone number, you agree that you will update your account information on the Site within forty-eight (48) hours to ensure that your messages are not sent to the person who acquires your old number.

5) Auctions and Fees

The Company offers a platform related to the sale of side-by-sides, offroad motorcycles, and other motor vehicles (“Vehicles”) and connects those offering a Vehicle for sale (“Sellers”) with those looking to acquire a Vehicle (“Bidders”). The Site acts as a meeting place only; the actual contract for sale is directly between the Seller and the winning Bidder.

Before acquiring a Vehicle from any Seller, Bidders are responsible for making their own determinations that the Vehicle is suitable. The Company is only responsible for connecting Sellers and Bidders, and can’t and won’t be responsible for making sure that any Vehicle is up to a certain standard of quality. The Company similarly can’t and won’t be responsible for ensuring that information (including credentials) any Bidder or Seller provides about himself or herself, or about any Vehicle that he or she is offering, is accurate or up to date. Each Seller acknowledges and agrees that they shall make reasonable efforts to complete the sale of their Vehicle if there is a winning bid. Each Bidder acknowledges and agrees that if they are the winning bidder in an auction through the Site, their bid is binding on the Bidder and Bidder is responsible for all applicable government fees and taxes for the Vehicle won through such bid. Notwithstanding the foregoing, we don’t control the actions of any Bidder or Seller, and Sellers aren’t our employees, except in instances where our employees use the Site to buy or sell personal Vehicles outside of their employment with us.

The Company does not directly offer any Vehicles. You hereby acknowledge that the Company does not supervise, direct, control, or monitor any Vehicle and expressly disclaims any responsibility and liability for any Vehicle, including but not limited to any warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code.

Sellers may not remove a Vehicle made available for auction on the Site before the end of such auction. While a Vehicle is listed on the Site, Seller may not list or make available such Vehicle on any other auction, dealership, listing service, or publication.

You are responsible for, and agree to abide by, all local, state, federal, and international laws, rules, and regulations applicable to your use of the Site, and any other tools, services, or products offered on our Site and any transaction you may enter into with other users in connection with using our Site.

Bidders

Your account must be registered with and approved by us, in our sole discretion, before you can use our Site as Bidder.

We are not the owner, seller, or auctioneer of any Vehicle on our Site. We do not inspect any Vehicle, validate a Seller's ownership of or authority to sell any Vehicle, or provide any representations or warranties concerning any Vehicle. Bidding on the Vehicle is conducted at your own risk, and any resulting transaction for the Vehicle is solely between you and the Seller. We do not supervise, direct, or control Sellers. You understand and agree that we will not be liable for any Vehicle that you bid on, the acts or omissions of Sellers, or for any proposed or completed transactions between you and a Seller. You understand and agree it is your responsibility to verify all claims of the Seller. 

We are not in the business of selling or buying any Vehicle on a commission basis. We do not take any Vehicle on consignment. All transactions and the terms of any agreements that may occur between Sellers and Bidders or users of our Site are determined solely through Seller and Bidder. We are not acting as an employee, agent, representative, broker, dealer, marketing agency, or marketing agent of any Seller, Bidder, or user of our Site. We do not routinely produce, handle, hold, ship, process, distribute, transport, deliver, or take possession of  Vehicles.

The auction dates, information, descriptions, and prices for any Vehicle are determined by the Seller and may be subject to change. Any Vehicle may be used and may contain defects. We do not inspect or confirm the condition of any Vehicle. We do not verify the accuracy of, or control, the information and details provided by Sellers concerning any Vehicle. We do not guarantee that Sellers have or maintain proper bonds or any bonds which Sellers may be required to maintain pursuant to applicable laws, rules, and regulations. 

We also do not guarantee that Sellers have or maintain proper auctioneers’ licenses, or any other licenses or registrations required by applicable laws, rules, or regulation, or that Sellers comply with applicable laws, rules, or regulations. You should take appropriate steps to verify the accuracy of the Vehicle descriptions. You should also take appropriate steps to inspect or validate the condition of the Vehicle prior to bidding on and receiving, taking possession of, or closing on any Vehicle. We are not responsible for any errors or omissions in the content of any Vehicle. We reserve the right, in our sole discretion, to (i) withdraw any Vehicle from our Site; (ii) amend the information in a listing; or (iii) cancel any proposed bid for any Vehicle that we deem to be suspicious or fraudulent and report such bid to applicable authorities.

A Seller may post additional terms and conditions for their Vehicle (the “Seller Posted Terms”). Seller Posted Terms are between you and the Seller and are separate from these Terms. You are solely responsible for reading and understanding any Seller Posted Terms that are provided in the listing prior to placing a bid on such Vehicle. We do not create, review, negotiate, or enforce Seller Posted Terms. If you do not agree to the applicable Seller Posted Terms, you should not place a bid on the Vehicle.

In addition to the price of a Vehicle, and in exchange for your use of the Site, you agree to pay us a commission fee for any winning bid (including bids made through the Site’s “Make Offer” functionality) at our current fee rates, which will be charged to your payment method on file. Please contact your Company representative for more information regarding current fees applicable to our Site. All fees paid to us are non-refundable. 

Sellers may also charge a buyer’s premium (an additional fee that a winning bidder is required to pay above the auction price) as well as shipping, handling, and other fees. These fees are set by the Seller and may be subject to change depending on the Seller and the Vehicle. Any buyer's premium charged by the Seller must be publicly disclosed in the Seller Posted Terms before the start of the auction.

We are not responsible for the care, loading, transportation, delivery, or risk of loss for any Vehicle. We are not responsible for the condition, encumbrances, liens, leases, repairs, damage, rights, or third-party interests that may exist on or pertain to any Vehicle. Except as otherwise set forth in any Seller Posted Terms, the Bidder with the winning bid will be responsible for compliance with all laws and regulatory requirements applicable to the transportation of the Vehicle and the use, condition, care, repair, and status of the Vehicle. Except as otherwise set forth in any Seller Posted Terms, the Bidder with the winning bid will be responsible for all freight, shipping, and other costs related to transporting the Vehicle. You should confirm transportation, delivery, and risk of loss information with the Seller and your designated transportation provider. In no event shall we have any responsibility for the transportation of any Vehicle or for any risk of loss or liability related to any Vehicle or for the condition, encumbrances, liens, leases, repairs, damage, rights, or third-party interests that may exist on or pertain to any Vehicle.

You understand, acknowledge and agree that:

• When you submit a bid using the Site, your bid will be forwarded to the Seller and may be viewed by the Seller as a firm commitment and an irrevocable offer to purchase. Once you place a bid on our Site, it may not be retracted. If you have the winning bid, a Seller may hold you legally obligated to complete the transaction unless otherwise prohibited by law or regulation.
• By using our Site to bid on any Vehicle, you grant us permission to share your information with Sellers, including, without limitation, your contact information (e.g., name, address, telephone, number, email address, etc.) and other information that you provide to us.
• Select auctions will offer the option to place a max bid on a Vehicle. When you place a max bid, our bidding technology will automatically place bids on your behalf, using the smallest increment necessary to ensure you remain the high bidder until your max bid is met. If another bidder has placed the same bid before you, or a max bid that is higher than yours, we will attempt to let you know that you have been outbid. In that situation, you may attempt to place another bid within the specific auction time. 
• Auctions may have time extensions.  Each time a new bid is placed in the last two minutes prior to expiration of the auction, the bidding period will be extended to provide two minutes of bidding time, beginning at the time that the new bid was placed.
• The Company reserves the right to withdraw, postpone, or cancel any listing, in our sole discretion, with or without notice. We shall have no liability to you as a result of any withdrawal, postponement, or cancellation.
• The Company reserves the right to void a bid that you place, whether winning or not, which we believe (i) has not been made in good faith and in accordance with these Terms; or (ii) is intended to manipulate the Site.
• The Seller is conducting the auction and makes the sole and final determination with respect to the sale of any Vehicle.
• WE DO NOT GUARANTEE THAT BIDS PLACED WILL BE RECEIVED AND PROCESSED IN A TIMELY MANNER.

Any deliberate attempt to artificially influence the sale price of any Vehicle, directly or indirectly, including but not limited to bidding through a secondary account, agent, or representative, bidding on any Vehicle that you may also be selling, communicating with other Bidders, or shill bidding is expressly prohibited.

In addition to the indemnification provisions set forth in Section 18 (Indemnification) below, you agree to indemnify, defend, and hold harmless the Indemnified Parties from and against any and all damages, costs, claims, or liability (including reasonable attorneys’ fees) arising out of or resulting from any injuries to persons or property of any type, occurring during your or your agent’s inspection of property, or your or your agent’s presence at a Seller’s site, or resulting from the sale, removal, use, or operations of any Vehicle.

Sellers

Your account must be registered with and approved by us, in our sole discretion, before you can use our Site as a Seller.

You acknowledge and agree to the following:

• We provide an auction platform, but we provide no auctioneering services, and we are not acting as your employee, agent, representative, broker, dealer, marketing agency, or marketing agent.
• You conduct the auction and make the sole and final determination with respect to the sale of any Vehicle.
• You are solely responsible for any Vehicle that you place for auction using our Site.
• You agree to fully, completely, and accurately disclose all information relating to your Vehicle, including but not limited to, brand name or other indication of origin or manufacture, and you shall be responsible for any such inaccuracies, errors, or omissions.
• You will not list any Vehicle through our Site that is illegal to use, possess, auction, or sell under any applicable law, rule, or regulation.
• Any listing will not contain links to or a description of other items that you may have for sale outside of our Site.
• Any Vehicle that is not sold upon completion of an auction will be categorized as a completed auction but marked as unsold. When the Vehicle is marked as unsold, you may receive, review, and optionally accept offers made by Bidders through the Site’s “Make Offer” functionality. If you accept such an offer, the transaction is treated as a winning bid. If a Vehicle remains unsold and you wish to re-list the Vehicle in another auction, we may charge you our then-current fees and expenses for the listing as though it were a new listing, at our sole discretion. 
• Listings must be actual items and not mere examples of items, and only one Vehicle can appear on each listing.     
• You will respond promptly to any requests from us or from Bidders.
• You will make the Vehicle available to the highest bidder in accordance with the Terms and any Seller Posted Terms (as defined below) that you may include with your Vehicle as set forth below.
• We reserve the right, in our sole discretion, to: (i) refuse to allow any Vehicle to be listed, at any time and for any reason; (ii) withdraw any listing from our Site; (iii) review and verify a Vehicle’s information and description; (iv) amend the information in a listing; or (v) cancel any proposed bid for any Vehicle that we deem to be suspicious or fraudulent and report such bid to applicable authorities.

You are responsible for reviewing the categorization and description of your listing to ensure the items are categorized and described accurately, and that all related descriptions, photos, records, and disclosures of the condition, history, and ownership of the Vehicle are accurate. While we do our best to assist Sellers with posting correct information, you are responsible for reviewing and ensuring that any content displayed on our Site appears as you intended. We take no responsibility for listings that are mis-listed or mis-categorized.

You may post additional terms and conditions of sale for your Vehicle (“Seller Posted Terms”). Seller Posted Terms are between you and a Bidder and are separate from these Terms. You are solely responsible for creating, reviewing, and understanding any Seller Posted Terms prior to placing such terms with your listing. Any buyer's premium charged by the Seller must be publicly disclosed in the Seller Posted Terms before the start of the auction. We do not prepare, review, negotiate, or enforce any Seller Posted Terms. We do not represent or guarantee that any Seller Posted Terms will be enforceable against a Bidder.

You represent that once a Vehicle is placed for auction using our Site, it will not, unless otherwise expressly disclosed within the listing, be operated, leased, rented, modified, or altered until completion of the auction, and if sold to a Bidder, until the Vehicle is removed from its location by or on behalf of the Bidder.

You are solely responsible for making full disclosure to Bidders of any and all encumbrances, liens, leases, repairs, damage, rights, or third-party interests that may exist on or pertain to the Vehicle. You will, at your own expense, warrant, and defend title to any Vehicle on behalf of the Bidder, its successors, and assigns against the claims and demands of all persons. 

You shall not bid or make an offer, directly or indirectly, nor allow any other person to bid or make an offer on your behalf, by agency or otherwise, on your Vehicle or any part of your auctions, and you will not engage in shill bidding, collusion, or side agreements. In the event of price manipulation or a buyback, we may, in our sole discretion, ban you from future use of our Site.

Your proceeds include 100% of the winning bid amount paid directly from a Bidder to you. In exchange for your use of the Site, you agree to pay us our then-current fees, including a nonrefundable listing fee, and an additional fee if you opt into our media package, which will be charged to your payment method on file. Please contact your Company representative for more information regarding current fees applicable to our Site. All fees paid to us are non-refundable. 

If you withdraw, damage your Vehicle, or otherwise fail to make your listed Vehicle available for purchase or fail to complete a transaction, we reserve the right to charge you a fee based on the amount of the winning bid (including bids made through the Site’s “Make Offer” functionality) at our current fee rates, which will be charged to your payment method on file. Please contact your Company representative for more information regarding current fees applicable to our Site. 

In the event a Bidder defaults on their commitment to purchase the Vehicle, we will retain the nonrefundable listing fee. 

We reserve the right to refuse hypertext links to, or addresses of, other websites, and to remove hypertext links or web addresses without notice at our sole discretion. 

We cannot guarantee that your Vehicle will appear in any specific order in search results on our Site. Search order results will fluctuate based on the search options used, including but not limited to, price and auction end time.

You represent and warrant that any Vehicle listed by you:

• is owned by you, or you have the legal right and authority to sell such Vehicle on behalf of the legal owner;
• is free and clear of any and all registered and unregistered liens, security interests, tax or duty obligations, or other encumbrances or contrary claims whatsoever, except as expressly disclosed by you within the applicable listing;
• is in good condition and/or good operating condition, and free of material defects, except as disclosed by you within the applicable listing;
• has not been modified or tampered with in any manner that would be contrary to applicable legislation or misleading to a Bidder;
• has not been fraudulently obtained, and is not stolen or counterfeit;
• only includes descriptions, pictures and videos that are accurate;
• does not have a branded title and has never been in any prior accidents, been re-built or salvaged, or had any major modifications, except as expressly disclosed by you within the listing;
• includes a description of all applicable odometer and hour meters that reflect actual mileage or usage unless otherwise expressly disclosed by you within the applicable listing; and
• includes any and all legally required disclosures that may be applicable to the auction and/or sale of the Vehicle to a Bidder.

You further represent and warrant that:

• you are solvent and have not made, nor are you aware of, any assignment, proposal, or other proceeding for the benefit of your creditors;
• the offering for sale, advertising, and sale of the Vehicle will not contravene or infringe upon any patent, copyright, trademark, agreement, title, interest, or similar right of any third party;
• you are duly authorized to complete and provide all listing information for any Vehicle;
• any Seller Posted Terms for your Vehicle are legal and do not violate any applicable laws, rules, regulations;
• you have all required licenses for you to conduct auctions using our Sites, which may vary depending on the item(s) and applicable laws.

We do not guarantee that Bidders will bid on any Vehicle, that you will be able to sell any Vehicle using our Site, or that you will be able to collect the purchase price from a Bidder who has a winning bid for any Vehicle.

The actual purchase and sale of any Vehicle following an auction is and shall remain the sole responsibility of the Seller who placed the Vehicle for auction and the Bidder who had the winning bid. If you are the Seller, you must coordinate the purchase and sale of the Vehicle directly with the Bidder who is the winning bidder for the Vehicle. You assume all risk and liability associated with any agreement(s) you enter into with the Bidder, including any inaccuracies or omissions. We are not a party to, and do not facilitate, the purchase and sale of any Vehicle.

We are not in the business of selling or buying any Vehicle on a commission basis. We do not take any Vehicle on consignment. All transactions and the terms of any agreements that may occur between the Seller who placed the Vehicle for auction and the Bidder who had the winning bid are determined solely through interaction and agreement between the Seller who placed the Vehicle for auction and the Bidder who had the winning bid. We are not acting as an employee, agent, representative, broker, dealer, marketing agency, or marketing agent of the Seller who places the Vehicle for auction or of the Bidder who is the winning bidder of the Vehicle or for any user of our Site. We do not routinely produce, handle, hold, ship, process, distribute, transport, deliver, or take possession of Vehicles.

In addition to the indemnification provisions set forth in Section 18 (Indemnification) below, you agree to indemnify, defend, and hold harmless the Indemnified Parties from and against any and all damages, costs, claims, or liability (including reasonable attorneys’ fees) arising out of or resulting from (i) any breach of your representations, warranties, or covenants set out in these Terms; (ii) deficiencies in the provision of documents required for the purpose of titling or registering any Vehicle by any Bidder; (iii) any deficiency in compliance with any local, state, federal, or international laws, statutes, ordinances, rules, or regulations, including but not limited to any deficiency in compliance with any laws, rules, or regulations concerning consumer protection, privacy, or taxes related to your use of our Site and transactions with other users; (iv) deficiency in compliance with any applicable manufacturer or government restrictions related to any Vehicle; (v) any damage to any Vehicle; and (vi) your Seller Posted Terms.

Taxes

We are not responsible for determining whether tax applies to any transaction between users, or for withholding, collecting, reporting, or remitting any tax arising from any sales. We do not give tax advice, and nothing we say or do should be interpreted as such, including our providing you with the opportunity to learn about, and separately utilize, tax-related services or solutions. The payment and collection of applicable taxes (including income, sales, property, excise, import, export, VAT, and other taxes or duties associated with any sales) must be, and are, the exclusive responsibility of the Bidder and Seller, as applicable. Generally speaking, it is the Seller’s responsibility to determine what taxes, if any, apply to a transaction and to collect, report, and/or remit the correct tax to the appropriate tax authority; however, to the extent that you have any questions about your own payment, collection, reporting, or remittance obligations, you should consult a qualified tax advisor.

6) Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site to:

• Access or attempt to access data not meant for you, or intercept or attempt to intercept electronic mail or other forms of electronic communication not intended for you.
• Invade the privacy of, obtain the identity of, or obtain any personal information about any other user of our Site.
• Communicate with us or upload to the Site any deceptive, fraudulent, defamatory, indecent, obscene, harassing, violent, or otherwise harmful or objectionable material, or any material that contains nudity, sexually explicit or pornographic material, violence, or discrimination based on race, gender, sex, sexual orientation, religion, nationality, disability, or age.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Violate any applicable federal, state, local, or international law or regulation, or violate the legal rights (including intellectual property rights or the rights of publicity and privacy) of others.
• Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise.
• Promote any illegal activity or advocate, promote, or assist any unlawful act.
• Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any similar solicitation, or other commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing), or to misrepresent an affiliation with any person or organization.
• Collect information about others (including email addresses) without their consent.
• Violate these Terms or any other policies or agreements that you enter into with us.
• Engage in any other conduct that restricts or inhibits use of the Site, or which, as determined by us in our sole discretion, may harm the Company or users of the Site.

Additionally, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
• Probe, scan, or test the vulnerability of our Site, our network, our security, or authentication measures without proper authorization.
• Use any device, software, or routine that interferes with the proper working of the Site.
• Introduce any viruses, Trojan horses, worms, logic bombs, corrupted data or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.

Your failure to comply with the above provisions may result in the termination of your access to the Site and may expose you to civil and/or criminal liability. We reserve the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site, and to terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES AND SUBSIDIARIES, AND THEIR LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

7) User Contributions

The Site may contain chat functions, message boards, personal profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site. All User Contributions must comply with the standards set out in these Terms.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site. The Company reserves the right to pre-screen, refuse, and/or delete any User Contributions. In addition, we reserve the right to remove and/or delete any User Contributions that would violate the Terms or which would otherwise be considered offensive to other users. However, we cannot review all material before it is posted on the Sites, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding User Contributions or transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to you or any third party for performance or nonperformance of the activities described herein.

8) Linking to the Site and Social Media Features

You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. 

The Site may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on the Site;
• Send emails or other communications with certain content, or links to certain content, on the Site.
• Cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

9) Intellectual Property Rights

The Site and all related content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its affiliates, subsidiaries, licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Site for your personal or internal business use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on or through the Site, except as follows:

• Your computer or other electronic device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Site for your own personal or internal business use and not for further reproduction, publication, or distribution.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You may not:

• Modify copies of any materials from the Site.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content therein is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates, subsidiaries, or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

Except as expressly provided, nothing contained in these Terms or anywhere on the Site shall be construed as conferring any license under any intellectual property rights of the Company, its licensors, or any third party.

Unauthorized attempts to upload information or change information are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986.

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (a) your electronic or physical signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you, such as your address, telephone number, and email address; (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the DMCA Notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

DirtHammer, Inc.
P.O. Box 4354
Maryville, TN 37802

863-797-4663

rigs@dirthammer.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following: (a) your physical or electronic signature; (b) an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or had access disabled; (c) adequate information by which we can contact you, such as your address, telephone number, and email address; (d) a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (e) a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within 10 business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

10) Feedback

The Company may provide an area for you to submit feedback on the Site. When you submit ideas, documents, suggestions, and/or proposals (“Feedback”), you acknowledge and agree that your Feedback does not contain any type of confidential or proprietary information. The Company shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Feedback. The Company shall be entitled to make use of and/or disclose any such Feedback in any such manner as it may see fit. The Feedback shall automatically become the sole property of the Company, and the Company is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

11) Privacy Policy

All information we collect on the Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

12) Third-Party Apps or Websites

While using the Site, you may access the Site through a third-party app or access third-party apps or websites through search results displayed on or through the Site and links contained on the Site, including without limitation links to make payments, or links for financing, shipping, and insurance services, pricing tools, and other offerings that might be of interest to you, and only for the convenience of our users. Such third-party apps or websites are not under our control, and we are not responsible for the availability of such apps or websites or their contents. Any links provided on the Site are provided for your interest or convenience only and do not represent or imply any endorsement by the Company of any such linked app or website. You acknowledge that the use of such third-party app or website is governed by the terms and conditions applicable to any such app or website, and if you decide to access any such third-party app or website, you do so entirely at your own risk and subject to the terms and conditions of use for each such app or website.

13) Availability

We may periodically schedule system downtime for maintenance and other purposes, and the Site may be unavailable due to unplanned system outages or circumstances outside of our control. We shall have no liability to any user or third party whatsoever for the resulting unavailability of the Site, or for any loss of data or transactions caused by planned or unplanned system outages, or for the resultant delay, misdelivery, or non-delivery of information caused by such system outages.

We reserve the right to terminate, withdraw or amend the Site or any portion thereof, including any product, service, or material we provide on or through the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or to the Site altogether.

14) Errors

We attempt to provide the most recent, accurate, and reliable information on our Site. However, there may be occasions when information featured on our Site may contain typographical errors, incomplete data, inaccuracies, or items featured on the Site that are no longer available. We do not warrant that the information accessible via the Site is accurate, complete, or current. Any errors are unintentional, and we apologize if erroneous information is reflected on the Site. We reserve the right to correct errors and to update the Site at any time, but we are under no obligation to update the Site or any related content.

15) Geographic Limitation

The Company is based in the United States, and we provide the Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

16) Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY APP OR WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ANY RELATED CONTENT, AND ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ANY RELATED CONTENT, AND ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ANY RELATED CONTENT, OR ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Site including, without limitation, any Vehicle. Any Vehicle and services purchased or offered (whether or not following such recommendations and suggestions) through the Site are provided “AS-IS” and without any warranty of any kind from us or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE COMPANY (I) MAKES NO REPRESENTATIONS OR WARRANTIES OR ASSUMES RESPONSIBILITY FOR ANY VEHICLE ADVERTISED OR OFFERED BY A SELLER THROUGH THE SITE (OR ANY HYPERLINKED WEBSITE OR SERVICE) AND (II) WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN SELLERS, BIDDERS, OR OTHER THIRD PARTIES.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY, ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY IN THE LAST 12 MONTHS FOR THE APPLICABLE PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS, OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR ANY RELATED CONTENT, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE AND ANY RELATED CONTENT, PRODUCTS, AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE SITE OR ANY LINKED APP OR WEBSITE, WHETHER OR NOT THERE IS NEGLIGENCE BY THE COMPANY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the limitations above may not apply to you. The limitation of liability set forth in this Section 17 (Limitation of Liability) shall only apply to the extent permitted by law.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

18) Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, subsidiaries, licensors, service providers, and their respective officers, managers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (“Indemnified Parties”), from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (i) your access, use, or misuse of the Site; (ii) your User Contributions; (iii) your violation of these Terms; (iv) the actual or alleged infringement of any of our or any third-party proprietary or intellectual property right arising out of your copying, republishing, uploading, posting, transmitting, distributing, selling, or using the Site in any manner not authorized by us; or (v) your negligent conduct. This includes, but is not limited to, any use of the content, products, and services on the Site other than as expressly authorized in these Terms.

19) Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

20) Termination

We reserve the right to restrict or terminate your access to all or part of the Site at any time in our sole discretion for any or no reason. 

Your failure to comply with these Terms automatically revokes your authorization to use the Site and terminates all rights granted to you under these Terms. Your obligations to the Company and its affiliates and third-party service providers relating to your use of the Site prior to termination shall continue after termination. Provisions of these Terms regarding the content restrictions and limitations, disclaimers, indemnification, and liability limitations shall survive termination of these Terms for any reason.

21) Miscellaneous

When you visit or use the Site, submit a contact request, request maintenance or other services, send an email to us, or otherwise communicate with us through the Site or electronically, you expressly grant the Company, its affiliates, or its third-party service providers the right to communicate with you electronically and consent to the use of electronic signatures, electronic receipt of records and notices, and electronic communication. This includes, but is not limited to, posting notices on the Site or responding to your email. It is your responsibility to keep your email address current. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The Company reserves the right, in its sole discretion, to communicate with you in paper form. You may withdraw your consent to electronic communications by contacting us as provided in Section 22 (How to Contact Us).

Except as expressly set forth herein, in the event of a conflict between these Terms and any applicable terms to specific products or services that you receive from us, the terms of the specific product or service shall govern.

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, telecommunication breakdown, or power outage.

All matters relating to the Site or these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule. Notwithstanding the foregoing, the Company may, in its sole discretion and for purposes of enforcing its rights under these Terms, elect to have the laws of the State of Delaware govern any claim or proceeding arising out of or related to these Terms. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee, in each case located in the City of Knoxville, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your jurisdiction of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of these Terms is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

These Terms constitute the entire agreement between you and the Company with respect to our Site and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to our Site. Any amendment or modification to these Terms must be in writing and signed by both parties. No failure on the part of the Company to exercise and no delay in exercising any right under these Terms shall operate as a waiver of such right. If any provision contained in these Terms is determined by a court of competent jurisdiction to be illegal, invalid, or otherwise unenforceable, that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms. 

22) How to Contact Us

If you have any feedback, comments, questions, or requests for technical support relating to the Site, you may contact us: 

• Via email at rigs@dirthammer.com;
• Via phone at 863-797-4663; or
• Via mail at P.O. Box 4354, Maryville, TN 37802