Auction Terms & Conditions
Terms and Conditions of Use
This is a legal agreement between the parties below.
DATE OF MOST RECENT MODIFICATION(S): April 13, 2018 @ 6:36 p.m. CDT
When you register to bid on LASTBIDonline.com, you agree to accept and abide by the following Terms and Conditions of Use.
IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF USE BELOW, DO NOT BID! By bidding, you are acknowledging agreement with the terms contained herein.
Any person who completes the registration is hereinafter referred to as the "bidder", "buyer", "user", "he/she", "you," or "your". You personally guarantee full and complete payment to LASTBIDonline LLC when due and payable, whether bidding for a business entity, corporation, non-profit or any other organization, another person, and/or yourself. All bidders are responsible for any and all bids placed using their bidder name and/or password and agree to safeguard same. If a bid is made using your registration, you are personally liable and responsible for payment. If you suspect your bidder name and/or password has been compromised in ANY way, it is your responsibility to promptly notify LASTBIDonline LLC of same.
LASTBIDonline LLC, LASTBIDonline.com, its officers, directors, members, and employees, agents, sellers (for whom we have contractually agreed to act as agents on their behalf), subsidiaries, affiliates, third-party content providers, and licensors are collectively hereinafter referred to as the "Auction Co.", "provider(s)", "we," or "us". We provide various services on this website necessary to conduct online auctions and associated activities. We reserve the right, at our sole discretion, to ban or refuse to provide any or all of these services without notice to any Bidder or Seller whom has failed to comply with the Terms and Conditions of Use, misrepresented themselves or any item consigned, or acted improperly, as determined solely by the Auction Co.
We reserve the right to change the Terms and Conditions of Use without notice to you. You hereby agree it is your responsibility to review these Terms and Conditions of Use to be aware of any modifications.
A. Registration is free, quick, and easy.
B. You must be at least 18 years old and registered on LASTBIDonline.com prior to bidding.
C. You must be a Resident of the United States of America, with a street address (NOT just a Post Office Box Number), in continental United States. NO SALES FOR EXPORT OUTSIDE OF THE UNITED STATES OF AMERICA.
AS IS / WHERE IS: All items sell "AS IS - WHERE IS, WITH ALL FAULTS" and with no warranty or guarantee of any type expressed or implied for any purpose of use, any condition, any content, weight, dimensions, or completeness of item(s). Buyers are encouraged to inspect items at the auction site prior to bidding. Buyer agrees that oral representation made by Auction Co. or any of its employees shall not modify these "AS IS - WHERE IS, WITH ALL FAULTS" terms. No bids may be withdrawn after the auction for any reason. Buyer agrees that written descriptions on website and writings on items in auction are NOT guaranteed and Buyer shall rely entirely on his/her own inspection. All information, descriptions, and photographs provided by Auction Co. are believed to be correct, but Auction Co. and Seller shall have no liability for any errors or omissions. Items being offered at auction are those items in the written description; accompanying photographs are for convenience and locating purposes and do not necessarily include all items shown in photos. If a bidder has questions or concerns about a lot, he/she should ask Auction Co. for clarification prior to bidding. You acknowledge and agree that the Auction Co. and provider shall not be liable for any demands, claims, and/or damages, whether actual or consequential, of any kind or nature, known or unknown, arising out of or in any way connected with any damage, loss, or expense relating to or resulting from your use, possession, and/or purchase of any goods, materials, information, or content through this website. Without limitation, in no event, including a negligent act, shall the Auction Co. and provider be liable to you for demands, claims, and/or damages (whether direct, indirect, incidental, consequential, punitive, or special) resulting from or in any way connected to or related to loss of profits, loss of goodwill, loss or corruption of data, interruption of business, computer or software failure or malfunction, or other malady, arising out of or in any way related to or connected to the items, services, information, and/or content displayed, sold, or offered on this site.
INSPECTION TIMES: Unless otherwise noted in the description of a lot, items listed are available for inspection at LASTBIDonline LLC, 68 Reynolds Street, Clarksville, Tennessee 37040. Inspections times are:
Friday: 10 a.m. - 6 p.m. and Sunday: 4 p.m. - 7 p.m. Summer Hours
(Sunday: 3 p.m. - 6 p.m. Winter Hours)
BUYER'S PREMIUM: A buyer's premium in the amount of FIFTEEN PER CENT (15%) of the highest bid will be included in all purchases, unless winning bidder pays Cash for entire purchase, reducing Buyer's Premium to TEN PER CENT (10%).
SELLER BIDDING: Each Seller and/or Seller's agent reserve the right to bid on Seller's item(s) in order to protect Seller's investment.
SALES AND USE TAX: All winning bidders will be subject to all local and state sales and use taxes unless you provide the documentation required for exemption to the satisfaction of local and state revenue departments and the Auction Co.
A. The purchase price is the sum total of the winning bid amount, buyer's premium, late pickup fees and other charges (if applicable), and sales tax.
B. The purchase price for all lots won by a bidder is due and payable within Two (2) days after completion of the auction and PRIOR to pickup/removal of any purchased lots. All payments must be paid in U.S. funds. We do NOT accept partial payments. We do NOT split payment types. If you pay any portion of the invoice with any credit or debit card, the ENTIRE amount of the purchase shall incur the 15% Buyer Premium. Invoices must be paid in full.
C. Acceptable forms of payment include: Cash, credit and debit cards (we accept MasterCard, Visa, Discover, and American Express cards). WE DO NOT ACCEPT ANY CHECKS, GIFT CARDS OR VOUCHERS.
D. NO CREDIT CARD CHARGEBACKS are allowed and each Bidder expressly agrees to NOT ever, under any circumstances, initiate any credit card chargeback, non-payment provision, or credit card dispute with respect to any charges by Auction Company to Bidder. Each Bidder further agrees that if, in violation of these Terms and Conditions, a credit card chargeback is initiated by the Bidder, these Terms and Conditions shall be conclusive evidence of the Bidder's (a) agreement to not initiate a credit card chargeback and (b) waiver of any rights to initiate a credit card chargeback. Each Bidder agrees and acknowledges that on the Auction Company's presentation of these Terms and Conditions to the bank, Credit card company, or other financial institution that issued the credit card on which the disputed charges were made, such bank, credit card company, or other financial institution shall deny any credit card chargeback and shall re-credit all amounts to the account of the Auction Company.
If a Bidder initiates a credit card chargeback, such Bidder, even if successful, shall remain liable for all purchases during the participation in the auction for which the charges were incurred, together with all costs and expenses, including but not limited to, any attorneys' fees, storage fees, packaging and handling fees, transportation fees, and/or disposal fees, etc., incurred by or on behalf of the Auction Company or Consignor/Seller in challenging the credit card chargeback. Additionally, Bidder hereby agrees that a Penalty of Fifty (50%) Per Cent of the total charges Bidder incurred during the participation in the auction for which the charges were incurred shall be assessed, and Bidder expressly agrees to pay for and be liable for said Penalty IN ADDITION TO ORIGINAL CHARGES INCURRED BY BIDDER, ANY AND ALL OTHER FEES INCURRED BY AUCTION COMPANY AS A RESULT OF THE BIDDER'S INITIONATION OF A CREDIT CARD CHARGEBACK. Bidder further acknowledges and agrees that the agreement to NOT initiate accredit card chargeback is a condition to the issuance of a Bidder Number to the Bidder and is being made as an inducement for the Auction Company to accept the Bidder's Registration and to issue a Bidder Number and/or allow the Bidder to participate in the auction for which Bidder's charges were incurred.
E. The Auction Co. reserves the right to charge the credit card filed with your registration up to 50% of your total purchases at any time following the conclusion of the auction as a Non-Refundable Deposit. The unpaid balance will be due and payable within Two (2) days after completion of the auction and prior to the removal of any of the purchased auction lot(s). We reserve the right to charge any remaining balance of your purchase price on your credit or debit card if the balance is not otherwise paid within the Two (2) days after completion of the auction.
F. Merchandise ownership transfers to the winning bidder at time of payment and the winning bidder assumes all responsibility and liability for packing, packaging, rigging, pickup/removal, transportation, and loss or damage from that point forth. Under no circumstances will LASTBIDonline LLC be responsible or liable for any packing, packaging, rigging, pickup/removal, transportation, loss or damage to bidder's items after ownership has transferred to bidder.
G. Failure by the winning bidder to make payment and comply with the aforementioned terms shall be deemed a default by the bidder and may result in termination of contract and suspension from participation in future auctions until the default is cured. Unpaid invoices which are in default may become subject to Debt Collection fees, Interest Charges, and Reinstatement fees.
H. If the Buyer fails in the performance of winning bidder's obligations, the Auction Co. may exercise such rights and may pursue such remedies as provided by law.
FAILURE TO PAY: In the event that Winning Bidder fails to pay timely in accordance with the Terms and Conditions of this auction, the Bidder hereby agrees and acknowledges that Auction Company may charge Bidder's credit card for all charges due and payable as a result of Bidder's participation in the auction for which charges were incurred. Bidder further agrees and acknowledges that Auction Company may initiate legal action to remedy said failure to pay. Auction Company shall also be authorized by Bidder to share information regarding said non-payment with other Auction Companies as a courtesy notifying said companies of Bidder's history of non-performance and non-compliance with the Terms and Conditions with this Auction Company.
PICK-UP/REMOVAL: All lots must be removed from the auction site by the winning bidder or bidder's agent within Two (2) days of auction completion (Example: If the online auction ends on Sunday, the 17th of the month, the items must be picked up/removed not later than the close of business on the following Tuesday, the 19th day of the month). VALID PHOTO ID REQUIRED AT TIME OF REMOVAL. Buyer is responsible for all packing, packaging, loading, rigging, shipping, and transportation of items at his/her sole expense and risk. Buyer shall use care and prudence during the removal process and shall be liable for all damage incurred due to buyer's actions. Any Lot or portion of any lot not removed within the posted Pick-up/Removal time shall be begin to incur LATE PICKUP FEES of $5.00 PER LOT PER DAY FOR A MAXIMUM OF THREE (3) CALENDAR DAYS before being considered abandoned property (Example: If the online auction ends on Sunday, Feb. 1st, winning bidder has until 8 p.m. on Tuesday, Feb. 3rd to pickup up items without any late pickup fees. Late pickup fees shall be $5.00 per lot per day after the pickup deadline auction ends (in this case, after Feb. 3rd at 8 p.m.) for all items not yet picked up/removed from auction site. Late pickup fees accrue up to 3 days after the auction has ended. After the 3rd day after the auction has ended, these items shall be considered abandoned by winning bidder and ownership of the items reverts to the Auction Co. for disposal at the sole discretion of the Auction Co. Winning bidder shall still be liable for all unpaid late pickup fees which have accrued). The Auction Co. reserves the right, but not the obligation, to remove, resell, store, discard, abandon, or otherwise dispose of each or any item abandoned by the winning bidder, at winning bidder's expense and risk, whether said items have been paid for in whole or in part without waiving any other rights of the Auction Co. or seller. The winning bidder shall be liable for all late pickup fees incurred, AND any losses, damage and any other expenses incurred by the Auction Co. or seller by failure of winning bidder to comply with the aforementioned Terms and Conditions. Winning bidder's failure to pick-up/remove purchases within the posted Pick-up/Removal time may be considered a default and may result in loss of bidding privileges, at the sole discretion of the Auction Co.
REPORTING FAILURE TO PICK-UP/REMOVE: Auction Company shall also be authorized by Bidder to share information regarding said non-payment with other Auction Companies, as a courtesy, notifying said companies of Bidder's history of non-performance and non-compliance with the Terms and Conditions with this Auction Company. In the music business, word of being a "No show" gets around. With modern technology, the auction industry does the same thing. We report all "No pay" and "failed to pick up" bidders to a network of approximately 4500 Auctioneers across the Unites States. These auctioneers have access to this information every time they register a bidder for an auction. Your failure to pay and / or pick up timely might result in an auctioneer choosing to block you from registering at their auctions due to your payment / pick up history. Please be aware that the consequences for failure to pay and / or pick up timely in accordance with the contract you entered when you registered to bid on our auction may follow you to other auctions as well.
LASTBIDONLINE LLC's RIGHT TO TERMINATE PURCHASE: If for any reason LASTBIDonline LLC is unable to complete the sale of any purchase to buyer or provide purchase free and clear of liens, even if the buyer was given written notice that he/she is the winning bidder, Buyer agrees that LASTBIDonline LLC may terminate the purchase/agreement, in which case LASTBIDonline LLC's sole liability shall be limited to the return of any monies actually paid by Buyer upon return of purchased item(s) to auction site by winning bidder, in the same condition as when winning bidder removed said items from Auction Co. premises.
If Auction Co. has determined a bidder has defaulted and that bidder wishes to be reinstated so as to again participate in LASTBIDonline LLC auctions, the bidder agrees to pay all unpaid balances together with any attorney fees, interest charges, and a $50.00 reinstatement fee prior to bidding on any Auction Co. lot. Said interest charges shall be added to the unpaid balance and shall be included in the remaining balance due and payable by buyer to Auction Co. Any debt collection or dispute proceedings shall be heard in Montgomery County, Tennessee.
CONSENT TO SUIT IN TENNESSEE: In the event of legal proceedings arising from this contract or from the auction in connection therewith, all parties hereby explicitly consent to the personal jurisdiction of the courts of the State of Tennessee. All parties further explicitly consent that the venue shall be Montgomery County, Tennessee, and that the laws of the State of Tennessee shall govern these Terms and Conditions of Use and the parties' transactions hereunder.
You may not assign your rights and obligations under these Terms and Conditions of Use to any party, and any purported attempt to do so shall be null and void. We may assign our rights and obligations under these Terms and Conditions of Use.
You agree not to sell, reproduce, resell, duplicate, copy, transfer, drag to another website or listing service, or use for any commercial or other purpose, any photograph, diagram, illustration, text, link, or any other portion of this website, or use of and/or access to this site.
Any cause of action must be brought by you against us or the providers must be instituted within one year after the cause of action arises or it shall be deemed forever waived and barred. You agree to indemnify and save LASTBIDonline LLC for attorney's fees and other costs directly or indirectly caused by or resulting from and act, including the negligent acts or omissions of the Auction Co. or anyone acting on behalf of same in connection with or arising out of an auction, except that the Buyer shall not be responsible to the Auction Co. for damages resulting from or caused by the Auction Co's sole negligence.
In the event of Buyer's failure to pay and/or remove items in accordance with the Terms and Conditions of Use for this auction, Buyer/Bidder expressly agrees to authorize Auction Company to share information regarding said non-payment, failure to remove, or other non-compliance with the Terms and Conditions of Use by Buyer/Bidder with other Auction Companies and persons or entities with NO notification, payment, or other requirement by Auction Company to Buyer/Bidder.
If any part of these Terms and Conditions of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intent of the parties, and the remaining portions shall remain in full force and effect.
Any failure by Auction Co. to enforce or exercise any provisions of these Terms and Conditions of Use or related rights shall not constitute a waiver of that right or provision.
LASTBIDonline LLC has a ZERO TOLERANCE for persons stealing or attempting to steal merchandise from its locations. Auction Co. offers CASH REWARDS to employees and auction or auction preview attendees for reporting such incidents which result in the arrest and conviction of such thieves. Auction Co. will prosecute to the highest extent permitted by law.
Your sole remedy for dissatisfaction with this site, the bidding process, or any service or content therein, is to cease using the site immediately. You expressly agree that use of this website is entirely at your own risk. You acknowledge that the website may experience interruption, contains errors, omissions, inaccuracies, incomplete or outdated information which are no fault of the Auction Co. You hereby agree to hold harmless and free from any liability LASTBIDonline LLC, LASTBIDonline.com, its officers, directors, members, and employees, agents, sellers/consignors for whom we have contractually agreed to act as agents on their behalf), subsidiaries, affiliates, third-party content providers, and licensors and further acknowledge that the Auction Co. and providers in no way, shape, or form warrant or guarantee reliability of website, its content, timeliness, display, information, purity and/or integrity of data, connectivity, and/or compatibility with your equipment and software. Under no circumstances will your inability to place a bid become the liability of the Auction Co. or its internet, software, and/or content providers.
In the event of dispute between any users of this website, you hereby expressly release the Auction Co. and providers from demands, claims, and/or damages, whether actual or consequential, of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF USE ABOVE, DO NOT BID! By bidding, you are acknowledging agreement with ALL of the terms contained herein.
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.