Auction Terms & Conditions
TOM HALL AUCTIONS, INC. ("Auctioneer)
ONLINE AUCTION USER AGREEMENT
Bidder and Auctioneer agree that the terms listed below shall govern each online auction sale.
This auction will be conducted within the framework of the rules listed below and any other provision that may be added by the auctioneer via e-mail or as posted on its website www.tomhallauctions.com. To register to bid go to www.tomhallauctions.com
All registration information that you (also referred to herein as the "Bidder") provides to Auctioneer shall be current, complete, and accurate. Bidders must be 18 years of age or older. Bidder agrees to not use any device, software or routine to interfere or attempt to interfere with the proper working of or any transaction being conducted on and during the auction sale.
1. Access and use of any online auction site maintained by Auctioneer (the "Site") is subject to any and all specific terms and conditions set forth on any individual page within the Site and the terms and conditions of this User Agreement (the "Site User Agreement") and all applicable laws and regulations, including but not limited to copyright and trademark laws. BY ACCESSING THIS SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT and to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site. Legal action will be taken against anyone violating the terms and conditions of the Site User Agreement or any other applicable law or regulation. Auctioneer reserves the right to periodically change the terms and conditions of the User Site Agreement and it is the Bidders' responsibility to periodically review any and all changes made to these terms and conditions prior to each use of this Site. By using this Site, you agree in advance to accept any such changes.
2. To receive an online Bidder number you must follow the registration procedure on the Site and provide Auctioneer with a valid, nationally recognized credit card. Bidders expressly authorize the Auctioneer to use their credit card to satisfy the payment amount as well any deposit that may be required. During a sale you can bid for a lot by clicking the "BID" button. Each bid shall be final and binding as soon as you click the "BID" button. The current bid will be displayed on your screen during the sale. In the event of a tie between a bid placed by you online and any other identical bid(s) (including, but not limited to, bids made in person on the sale premises or at the Auctioneer's gallery, and telephone bids), it will be at the Auctioneer's sole and absolute discretion as to which bid shall be accepted, and such determination by the Auctioneer shall be final, binding and conclusive. YOU ACKNOWLEDGE THAT YOU ARE BIDDING IN A LIVE AUCTION AND YOU AGREE THAT EACH BID SUBMITTED AS PROVIDED IN THESE TERMS AND CONDITIONS IS IRREVOCABLE AND CANNOT BE AMENDED OR CORRECTED, EVEN IF SUBMITTED IN ERROR AND NOTIFIED TO US. YOU ACCEPT FULL LIABILITY FOR ALL BIDS SUBMITTED VIA YOUR ONLINE BIDDING ACCOUNT (INCLUDING THE LIABILITY TO PAY IN FULL AND ON TIME IN ACCORDANCE WITH THESE TERMS AND CONDITIONS FOR ANY LOT THAT IS THE SUBJECT OF A SUCCESSFUL BID SUBMITTED FROM YOUR ACCOUNT). AUCTIONEER RESERVES THE RIGHT TO REJECT A REGISTRATION TO BID ONLINE, WITHDRAW ITS PERMISSION FOR YOU TO USE ONLINE BIDDING, OR
TERMINATE AN ONLINE BIDDING ACCOUNT, FOR ANY REASON AT ANY TIME PRIOR TO, DURING OR AFTER A SALE.
3. Invoices will be emailed to successful Bidders within 24 hours of the close of the auction. Full payment of the purchase price is charged to your credit card prior to e-mail notification that you are the successful Bidder. Applicable taxes will be added to the purchase price of all taxable items. Collection of applicable taxes will be in accordance with the laws of the state where the purchased asset is located.
4. Auctioneer shall charge and collect from each successful Bidder a Thirteen (13) Percent Buyer's Premium on the successful bid for each lot.
5. All items bid on and awarded to you as high Bidder are your property upon payment of your invoice via charge to the credit card registered with the Auctioneer. Buyer will be furnished an electronic receipt at the conclusion of the sale.
6. By registering a Bidder agrees to accept all charges place on the card that is authorized for use at registration, and Bidder waives any and all rights concerning charge-backs or refunds for any items charged to the authorized credit card. You will be suspended or permanently banned from the Site if you provide false information when registering, such as a false name or fraudulent contact information. You will be permanently banned from this Site if you are the successful Bidder and you do not honor your auction bid. Auctioneer's use of e-mail addresses is strictly limited to contact Buyers and Owner/Sellers; any use of this private information by you is strictly prohibited.
7. The descriptions of item/lots appearing in the auction and in advertising prior to the auction are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by Owner/Seller or Auctioneer concerning any item/lot shall be construed as a warranty either express or implied. ITEM/LOTS ARE SOLD AS IS - WHERE IS and WITH ALL FAULTS. Bidder acknowledges that all item/lots were available for inspection prior to the auction and, by these terms, Auctioneer and Owner/Seller strongly encourage Bidder to carefully inspect each item/lot in which Bidder has any interest to determine the item/lot's nature, quality, condition, quantity and size. Bidder relies solely on personal inspection and not on information listed on the Site or otherwise provided by Auctioneer or Owner/Seller. Bidder's failure to inspect, or otherwise be fully informed as to the nature, quality, condition, quantity and size of any item/lot will not constitute ground for any claim, adjustment, refund, termination of the contract for sale, or refusal to close the sale, against Auctioneer or Owner/Seller. Condition Reports: Auctioneer and its employees are pleased to provide you with the condition of lots offered for auction. However, since we are not professional conservators or restorers, we urge you to inspect each lot yourself or have an agent do so on your behalf. All gold and silver weights are approximate, stones have not been verified by jeweler unless expressly indicated. Prospective Bidders should satisfy themselves as to condition and must understand that any statement made by Auctioneer or its employees is merely a subjective assessment and not a qualified opinion NOT WITH STANDING WRITTEN REPORTS OR ANY DISCUSSION CONCERNING CONDITION IN THE CATALOGUE OR ON THE SITE.
8. This User Agreement constitutes the final expression of the parties' agreement and a complete and exclusive statement of the terms of the sale. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY EXCLUDED FROM THIS SALE AND TRANSACTION AND SHALL NOT APPLY TO THE MERCHANDISE THAT IS THE SUBJECT OF THESE SALES. Despite efforts to avoid the withdrawal of item/lots from the sale after they are listed it may sometimes be necessary. Auctioneer and the Owner/Seller reserve the right to do so at any time before or during the sale.
9. Merchandise becomes the full responsibility of Buyer at time of PAYMENT, and Buyer assumes all risk of loss and damage to property until removed from sale premises. Owner/Seller and Auctioneer agree that merchandise must be removed from the sale premises no later than the date and time for pick-up posted on the Site at the time of registration. THE DATE AND TIME BY WHICH ALL MERCHANDISE MUST BE REMOVED FROM THE SALE PREMISES IS POSTED ON AN AUCTION-BY-AUCTION BASIS, ON THE SPECIFIC AUCTION PAGE. AFTER THE FINAL REMOVAL DATE, YOU AUTHORIZE A CHARGE TO YOUR CREDIT CARD OF A $10.00 PER DAY, PER ITEM/LOT STORAGE FEE. IF MERCHANDISE IS NOT REMOVED WITHIN THREE DAYS AFTER THE FINAL REMOVAL DATE, THE OWNERSHIP OF THE MERCHANDISE WILL REVERT BACK TO THE ORIGINAL OWNER/SELLER AND THE OWNER/SELLER MAY DISPOSE OF OR RESALE THE ITEM/LOT AT THEIR DISCRETION.
10. The final highest purchaser shall be designated at the end of each auction sale. If a dispute arises between two or more Bidders, Auctioneer reserves the right to reopen bidding. Auctioneers designation of the Buyer shall be final.
11. Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Owner/Seller and Auctioneer and 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 Buyer's, his agents or representatives, use of the Site, including but not limited to personal injuries or property damage incurred on the sale premises or during removal and transport of any auction item/lots, and arising out of, based upon, or resulting from 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.
12. Auctioneer is providing services as an independent contractor for the Owner/Seller only and is not responsible for statements made by other parties.
13. This User Agreement constitutes a binding agreement between Bidder and Auctioneer until terminated by Auctioneer, which Auctioneer may do at any time, without notice, in Auctioneer's sole discretion. If Bidder dissatisfaction occurs with the auction sale in any way, Bidder's only recourse is to immediately discontinue use of the auction Site. Auctioneer reserves the right to terminate Bidder registration and use of the auction Site, and 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.
14. Auctioneer cannot, and will not, be held 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. The Auctioneer, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any item/lots that were affected by any malfunction. The decision of the Auctioneer is final, binding and conclusive. The content displayed on the Site may contain inaccuracies and typographical errors and Auctioneer does not warrant the accuracy or completeness of the content or that any defects will be corrected. Any reliance on any such content, advice, statement, or other information shall be at your sole risk. Auctioneer reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site and to make any changes to the features, functionality or content of the Site at any time. Access to the Site is made available as a convenience and on a temporary basis, and Auctioneer reserves the right to suspend or terminate any aspect or feature of the Site at any time, with or without notice. Without limiting the foregoing, Auctioneer may suspend access to the Site to carry out scheduled or unscheduled maintenance or for any other reason at any time.
15. Auctioneer gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions. Auctioneer does not sell or rent this information. Auctioneer uses email mailing lists to notify its customers about online and live auctions. If you are receiving a particular mailing and wish to discontinue receiving future mailings, simply forward the received email to Auctioneer to have your name promptly removed from our list.
16. As a Bidder, placing a bid is a binding contract between you and the Owner/Seller and the bid cannot be retracted. Once you place a bid, and if you win, you will be obligated to buy the product at the said price you indicated as your bid. Placing a bid on this Site, and winning, then not paying for the product is illegal in most states, and prosecution can result. Tom Hall Auctions, Inc. undertakes the execution of online bidding as a convenience for clients and is not responsible for any inadvertent failure to execute bids, or for any error in the execution of bids.
17. As a Bidder you are responsible for any bids placed under your bidding number and password. The security of your Bidder information is your sole responsibility as you, the Bidder, will be responsible for any and all bids placed under your number. If at any time you feel that your Bidder number and password have been compromised due to lack of security on your part you must notify Auctioneer immediately.
18. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the content contained herein without our prior, express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without prior, express written permission of Auctioneer. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
19. No legal advice is intended or implied by anything contained within the Site. No obligation, liability, responsibility, accountability or burden is undertaken, assumed or otherwise imposed by maintaining the Site.
20. 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 Allentown, Pennsylvania, and judgment on the arbitration award m
ay be entered into any court having jurisdiction thereof. Auctioneer may seek any interim or preliminary relief from a court of competent jurisdiction in Lehigh County, Pennsylvania if necessary to protect the rights or property of Auctioneer pending the completion of arbitration. You and Auctioneer are independent contractors, and no agency, partnership, joint venture, employee or franchiser-franchisee relationship is intended or created by this Agreement
21. This 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 Pennsylvania as applicable to contracts entered into and to be performed entirely within the State of Pennsylvania. If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Auctioneer'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 User Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
22. Auctioneer may from time to time make changes to these terms and conditions. Any changes will be posted on the website at www.tomhallauctions.com or www.tomhallauctions.hibid.com and Auctioneer will endeavor to notify you of the same by means of a notice and link to the revised terms on the web site. Please review these terms and conditions regularly to ensure you are aware of any changes made by the Auctioneer. If you use the Site after changes have been made and posted, you shall be deemed to have agreed to such changes. If you do not agree to such changes, you should not make any subsequent use of the Site.
23. PAYMENT - Items purchased through online bidding will be paid for in the manner described. Master Card, Visa, Discover, American Express are the only forms of payment we Accept for purchases.
NO PAY PAL, CASH OR CHECKS.
We will charge your credit card and you will be emailed a paid receipt by Tuesday January 15th, 2019. Please bring the invoice with you at the time of pick up.
24. SHIPPING: TOM HALL AUCTIONS, INC. DOES NOT ARRANGE SHIPPING. SHIPPING IS THE BUYERS RESPONSIBILITY.
If you need ahipping we will deliver the Items to the UPS Store for a $5.00 fee. The UPS Store will contact you to make the arrangements and you will pay them directly for all packing and shipping fees. The UPS Store phone number is 610-433-8790, email is email@example.com.
PLEASE CALL MARK HALL AT 610-428-0187 FOR LOCAL DELIVERY QUOTE OR CALL AN INDEPENDENT SHIPPER OF YOUR CHOOSING.
You may want to consider these companies for a state to state quote if you want the items picked up from our auction house within 10 days of the auction.
PNS Logistics 207-907-5184, 803-667-7169
Pakmail International 843-795-7197
Plycon International 631-269-7000
25. Buyers are responsible for total removal of all purchases. Please bring your own help and any equipment needed to load and move your purchases. You MUST have a paid receipt at time of pick up.
26. 6% Sales tax for this auction unless you have a valid Sales Tax Exemption Certificate.
27. PICKUP: YOU MUST BRING YOUR PAID RECEIPT.
All items must be picked up during these hours: Wednesday January 16 from 9am-4pm, Thursday January 17th , from 9am-4pm, Friday January 18th 9am-3pm, Saturday January 19th from 9am- 12noon or by appointment with in 10 days of the auction date.
We appreciate if you can make arrangements during these pickup hours. We do not offer storage due to limited warehouse space.
PLEASE NOTE: This is a live auction, you are bidding against a live gallery audience, there may also be absentee bids and phone bids competing against you. It is important for you to understand that if you leave a maximum bid online, the item may sell to someone else for the same bid as your maximum bid.
How is this possible?
Tom Hall Auctions, Inc does not know what your maximum online bid is,
your bid is taken in competition with other bidders, it is quite possible depending on how the sequence of bids are received that the item may be sold to some else at that bid.
The only way to guarantee that you will be the winning bidder is to bid real time, either live online or in person at the auction.
Technology is great, but it is not perfect.
Note: If you have any questions pertaining to any of the items in this auction feel free to call Tom Hall Auctions.
Your use of this online auction Site constitutes your acceptance in full of this User Agreement and of all terms and conditions 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.