AUCTION TERMS & CONDITIONS and SITE USER AGREEMENT
READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THE SITE OR BY PARTICIPATING IN THE ONLINE AUCTION, YOU AGREE TO THESE TERMS AND CONDITIONS AND MAKE REPRESENTATIONS AS SET OUT HEREIN. THESE TERMS AND CONDITIONS ARE LEGALLY BINDING AND IF YOU VIOLATE ANY OF THEM, BIDS Online Auctions , AND ITS EMPLOYEES, AGENTS AND REPRESENTATIVES OR THE OWNER/SELLER MAY SEEK LEGAL RELIEF, INCLUDING BUT NOT LIMITED TO, REPORTING YOUR CONDUCT TO APPROPRIATE LAW ENFORCEMENT ENTITIES. PLEASE NOTE THAT THESE TERMS INCLUDE AN AGREEMENT BY WHICH YOU INDEMNIFY OWNER/SELLER AND AUCTIONEER.
*** IMPORTANT ***
By placing a bid through this website, you are entering into a legally binding contract and agree to follow through with the purchase of the item should you win the item. Once a bid has been submitted, it cannot be retracted or changed. It is your responsibility to understand the pickup and, if available, delivery options and costs for each item before you place your bid. All bids are shown in US dollars and all taxes, buyer premiums, pickup, shipping, and handling charges are additional. A bid by any person shall be conclusive proof that the person has read these conditions of sale and has agreed to be bound by them. Bidder expressly agrees not to stop payment, dispute or contest this transaction.
BIDS Online Auctions and its consignors reserve the right to remove any and all items from a sale at any time.
Bidder agrees to hold BIDS Online Auctions harmless for the failure to execute a bid for any reason on behalf of any participants.
*** REGISTRATION ***
All Bidders are required to be ID verified to bid by registering with a valid credit or debit card. All persons desiring to bid must register prior to the auction to get a bidder number. Registration is free.
A valid credit or debit card number is required as a security measurement, and it should be in the bidder's name. THIS CREDIT OR DEBIT CARD WILL BE CHARGED FOR ALL WINNING BIDS BY BIDDER WITHIN 24-HOURS OF THE AUCTION CLOSE.
This is an online only auction. All online auction lots have extended bidding. Posted closing times and displays of auction current time are approximate, BIDS Online Auctions reserves the right to close early or extend auctions at any time at its discretion.
You must be at least 18 years old or older to bid in any of our auctions. There are no exceptions to this. If you are under the age of 18 and place a bid in one of our auctions you are violating state law and may be held accountable for this.
*** OFFICE ADDRESS ***
BIDS Online Auctions, 3301 E. Rancier, Ste. D-105, Killeen, TX 76543
NOTE: The auction pickup location is NOT at our office address. Items are stored in warehouses nearby. Winning bidders will be provided the exact location of where to pick-up their item(s)
*** INSPECTION/DESCRIPTION OF ITEMS ***
NO PREVIEWS are available for our auctions due to limited space and time availability. Bidding is by catalog ONLY. ALL SALES ARE FINAL. All items are sold "as is, where is" with no warranty or guarantee of any kind, either expressed or implied. While every effort is made to disclose known defects or imperfections, we are unable to guarantee the condition of any item. BIDS Online Auctions shall not be responsible for the correct description, authenticity, genuineness, or defect in any lot and makes no warranty in connection therewith. No allowance, return, refund or set aside will be made on account of any incorrectness, error, imperfection, defect or damage. Any descriptions or representations are for identification purposes only and are not to be construed as a warranty of any type. Buyers shall rely entirely upon the information and photos provided and, more importantly, their own judgement when deciding to bid.
Furthermore, qualified statements by the auctioneer or auction company are opinions, not representations or warranties. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear, tear, imperfections or the effects of aging. Colors may not be exactly as appears. All measurements, dimensions, and/or weights are approximate.
*** BIDDING ***
Your bid must adhere to the bid increment schedule. Bids do not include the buyer's premium, taxes, packing fees, or shipping costs. All items are subject to local sales tax. A 15% buyer's premium will be added to each lot won.
This auction uses the "Times the Money" system for most lots with a quantity greater than one. Meaning that the bid you are placing will multiply by the quantity of items in the lot. For example: If you are bidding on a lot of 4 chairs, and the bid is at $10, you are bidding $40 for the 4 chairs.
At the scheduled closing date and time of a sale, lots will begin to close one lot at a time with 20-30 seconds between each lot closing. When an item receives a bid with less than two (2) minutes remaining until closing, the close time will be reset to two (2) minutes from the time that bid is placed and will continue to reset to two (2) minutes with each newly placed bid. The item will not close until two (2) minutes have elapsed with no additional bid activity.
Bidder agrees to hold BIDS Online Auctions harmless for the failure to execute a bid for any reason on behalf of any participants. BIDS Online Auctions owners, employees and consignors reserve the right to bid on any items in auction.
BIDS Online Auctions reserves the right to withdraw any item from the site or to amend any content on the site at any time in its sole discretion. BIDS Online Auctions will not be liable to you or any third party if we withdraw an item, amend any content on the site or deny you access to the site or the services. A lot will be sold to the highest bidder as determined by the sole and exclusive judgment of the auctioneer. The auctioneer reserves the right to reject a bid from any bidder. The auctioneer will, without liability, determine the bidding increments and maintains sole authority to resolve disputes.
*** BUYER'S PREMIUM AND PAYMENTS ***
BUYERS PREMIUM: A 15% buyer's premium will be added to the successful bids.
Credit Card payments will be processed within 24 hours of the auction closing. To make alternate payment arrangements, call OR TEXT 254-765-2300. Payment MUST be received NO LATER THAN 5pm on SATURDAY. ABSOLUTELY NO EXCEPTIONS! (Failure to pay will result in a permanent ban from all future auctions.) Visa/Mastercard, Discover and American Express are accepted.
Alternate Payment can be made in person, over the phone, or by requesting a PayPal invoice. Payment can be made using a CREDIT CARD, DEBIT CARD, or CASH. No Checks are accepted.
A 15% buyer's premium will be added to the successful bids.
Failure to pay will result in a permanent ban from all future auctions, and pursuit of all legal remedies available. The buyer agrees that any item successfully bid upon will be paid for by the buyer, following the conclusion of the auction and if bidder is an individual acting on behalf of a corporation registered as the bidder, the individual bidder shall be jointly and severally liable with the corporation for payment of the purchase price plus any applicable fees and taxes.
BIDS Online Auctions reserves the right to charge any payment option you have on file and/or to report your account to collections for the combined total of the original invoice amount and/or any moving or disposal charges and you will be responsible for any charges incurred by BIDS Online Auctions in collecting your payment.
*** SALES TAX ***
If you are a tax exempt we must have your tax number on file before the end of the sale. Otherwise, Texas bidders pay standard sales tax rate of 8.25%.
You MUST email your signed and completed resale or exempt form prior to the end of the auction to firstname.lastname@example.org or text an image of it to 254-765-2300. You can print a resale/exempt certificate from this link: https://comptroller.texas.gov/forms/01-339.pdf
Once payment has been completed, we WILL NOT refund sales tax if you claim at a later time that the sale should have been tax exempt. (If that happens, you will need to claim an adjustment through the Texas State Comptroller when you file your sales taxes for paying taxes on a tax-exemptable purchase.)
*** PICK-UP/REMOVAL ***
Pickup for our KILLEEN auction is on the SATURDAY after auction closes from 11am to 5pm or TUES through FRI from 11am to 5pm (BE SURE to text us at 254-765-2300 before arriving and we will meet you at pickup location which is one mile east of our office location). We are CLOSED on SUN and MON.
The auction pick-up location is NOT at our office address.
The pick-up location is at our warehouse units at Right Space Storage, 4601 E Rancier Ave, Killeen, TX 76543. (These are warehouse units just 1-mile east of our office address.) We will provide GATE ACCESS CODES when you text us informing us you are on the way for pickup.
Please DO NOT disturb the Right Space Storage Staff. Please DO NOT block the gate.
ALL ITEMS WON MUST BE PICKED UP WITHIN 7 DAYS OF AUCTION END (THIS INCLUDES SATURDAY). PLEASE CALL or TEXT US IF YOU NEED EXTRA TIME TO PICK ITEMS UP. IF ITEMS WON HAVE NOT BEEN PICKED UP WITHIN 2 WEEKS, they will then will be considered abandoned and THEY WILL BE FORFEITED AND RESOLD FOR STORAGE FEES.
-- All buyers must have a paid receipt from BIDS Online Auctions at time of pickup. Buyers making payment at the time of pick up will be issued a receipt at that time. Be prepared to show identification to pick up your item(s). Purchases will be released upon presentation of proof of payment and ID.
-- All items shall be removed from our premises at the purchaser's expense during the designated pick up date and time. Unclaimed lots will remain the property of BIDS Online Auctions. No refunds will be issued if you fail to attend pickup to retrieve your items. BIDS Online Auctions shall not be responsible for items or lots not removed within the specified time period.
-- Winning bidders are solely responsible for their own removal/Pick-up. Removals are at the expense, liability and risk of the buyer. We can sometimes provide limited assistance for loading heavy items only. BIDS Online Auctions is not responsible for damages upon any employee assistance concerning removal. Bidders must load/unload and pick up their complete purchases and bidder must provide their own tools/equipment, boxes, packing materials, labor and transportation to facilitate safe removal of item(s). Plan accordingly for large or bulky items. BIDS Online Auctions will not be liable for any damages created or incurred by you upon the pickup or transport of your item(s).
-- Any Buyer Discrepancies must be reported at the Seller's Physical Pick-Up Location at time of pick-up/removal - No Exceptions
-- Jewelry items are not returnable for any reason after they leave the auction premises; all jewelry sales are final.
-- If merchandise belonging to a purchaser is lost by fire, theft, damage or any other reason, prior to the purchaser taking possession within the specified period, the liability of BIDS Online Auctions shall be limited to the actual amount paid for the same at the auction wherein it was acquired and shall in no event include any incidental or consequential damages.
*** ITEMS NOT PAID FOR BY 5PM on SAT following the auction close***
Any items not paid for BY the 5PM on the Saturday following auction close will be immediately considered abandoned and revert back to seller. Bids Online Auctions reserves the right to resell the items to a back-up bidder without notice or, in its sole and absolute discretion, resell or dispose of the items.
BIDS Online Auctions will ship small, non-breakable items like coins and collectibles etc... for the actual cost of USPS Flat_Rate Shipping PLUS a $4 packing fee per box. (For example: Postage for a small USPS flat-rate box is $7.20 plus a $4 packing fee totals $11.20.
For your reference, shipping prices (including packing fee) and sizes for shipping boxes are as follows (in inches):
SMALL Box 8.5 x 5.25 x 1.5 ($11.20)
MEDIUM Box 11 x 8.5 x 5.5 ($16.85)
LARGE Box 12 x 12 x 5.5 ($21.65)
*** OTHER ***
-- There will be no trading or sales between buyers on the BIDS Online Auctions premises
-- Any Buyer Discrepancies must be reported at the Seller's Physical Pick-Up Location at time of pick-up/removal - No Exceptions
-- PHOTO'S AND DESCRIPTIONS ARE SUPPLIED BY BIDS Online Auctions and remain the property of BIDS Online Auctions .
-- BE SURE AND READ ALL DESCRIPTIONS and VIEW PHOTOS FOR CONDITION AND SIZE! All sale items are sold "as is, where is, and in their current condition".
*** CLAIMS OR DISPUTES ***
BIDS Online Auctions shall not be responsible for any interruption in service, errors, and/or omissions caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. In the event of any malfunction relating to the Site, Auctioneer, in its sole discretion, may void any sale, temporarily suspend bidding and/or re-sell any item/lot affected by any malfunction. The decision of BIDS Online Auctions shall be final.
Any controversy or claim arising out of or relating to this Site User Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in KILLEEN, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. BIDS Online Auctions may seek any interim or preliminary relief from a court of competent jurisdiction in Texas necessary to protect the rights or property of BIDS Online Auctions pending the completion of arbitration. Bidder and BIDS Online Auctions are independent contractors, and no agency, partnership, joint venture, employee or franchiser-franchisee relationship is intended or created by this Agreement.
The Site User Agreement and any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the State of Texas applicable to contracts entered into and to be performed entirely within the State of Texas. If any provision of this Site User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. BIDS Online Auctions's failure to act with respect to a breach by you or others does not waive the right to act with respect to subsequent or similar breaches. This Site User Agreement sets forth the entire understanding and agreement between Bidder and Auctioneer with respect to the subject matter hereof.
The buyer agrees that the act of submitting a bid shall constitute acceptance of each and every term and condition contained herein and the buyer further agrees to indemnify BIDS Online Auctions for all liabilities, damages, costs, and expenses including attorney's fees incurred in connection with any such dispute or in connection with any claim, litigation, controversy, dispute or proceeding arising from any purchase of an article by the buyer or from any subsequent sale of such article to any third party. Placing a bid constitutes a binding offer between the Bidder and Owner/Seller that cannot be rescinded or retracted. If the bid is accepted, Bidder is contractually obligated to buy the merchandise at the price in the bid. Placing a bid on the Site that is accepted and then not paying for the merchandise is illegal in most states and prosecution can result. Failure to honor the auction bid by the stated due date shall result in the permanent removal of Bidder from the Site and from future auctions, and the reporting of Bidder to law enforcement authorities, at Auctioneer's sole and absolute discretion. UNLESS OTHERWISE STATED FOR A PARTICULAR AUCTION, SELLER/OWNER RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS, IN ITS SOLE AND ABSOLUTE DISCRETION.
Each Bidder is responsible for any bids placed under that Bidder's bidding number and password. The security of Bidder's information is the sole responsibility of each Bidder. If at any time there is reason to believe that the Bidder number and password have been compromised, Bidder shall notify Auctioneer immediately.
Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Owner/Seller and BIDS Online Auctions, their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives, from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys' fees and expenses) related to, arising from or associated with the use of the Site by Bidder, his agents or representatives, personal injuries or property damage incurred on the sale premises or during removal and transport of any auction item/lots, any breach or violation by Bidder of this Site User Agreement or any use by Bidder of the Site or as a result of a dispute with another Bidder.
This Site User Agreement constitutes a binding agreement between Bidder and BIDS Online Auctions until terminated by BIDS Online Auctions , which BIDS Online Auctions may do at any time, without notice, in BIDS Online Auctions's sole and absolute discretion. If Bidder's dissatisfaction occurs with the auction sale in any way, Bidder's only recourse is to immediately discontinue use of the auction Site. BIDS Online Auctions reserves the right to terminate Bidder's registration and use of the auction Site, impose limits on certain features of the auction Site or restrict Bidder's access to, or use of, part or the entire Site without notice or penalty.
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 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.
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 text or email 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.