Auction Terms & Conditions
Discovery Auction Terms and Conditions of Sale ALL SALES ARE FINAL WITH NO RETURNS AND NO EXCEPTIONS. Bidding in this auction sale constitutes acceptance by you ("Bidder") of all the Terms of Sale stated herein. Each bidder must rely on his or her own judgment of an item's descriptions and condition. Alex Cooper Auctioneers is not responsible for any error or omission. The absence of a condition statement does not imply that the lot is in perfect condition, nor is free from wear and tear, imperfections or the effects of aging. Note that a twenty-three percent (23%) buyer's premium will be added to the hammer price. These Terms and Conditions of Sale contain all terms and conditions on which Alex Cooper Auctioneers and the seller contract with the buyer of any tangible personal property sold at auction by Alex Cooper Auctioneers. These Terms and Conditions of Sale may be amended by Alex Cooper Auctioneers at any time and from time to time through the time of sale by any notices posted or oral announcements made during the sale. By bidding at an auction, whether in person or by agent, absentee bid, telephone, internet, Bidopia, you agree to be bound by these Terms and Conditions of Sale. 1. AGENCY. Alex Cooper Auctioneers acts as agent for the sellers of all property described in all catalogues. The contract for the sale of each item is a contract between the owner of the item and the successful bidder for the item. 2. PRESALE ACTIVITY. A. Inspections.You accept all responsibility for purchase; without limitation, you accept any defects, damages, past repairs, irregularities, and all other physical conditions. Neither Alex Cooper Auctioneers nor the seller made any warranty or guaranty as to property offered at auction. B. Descriptions. Written and oral descriptions, including without limitation catalogue and internet descriptions and condition reports, are our opinions only, and should not be construed or relied upon as statements of fact nor as guarantees of any kind. Such statements do not constitute a representation, warranty or assumption of liability of any kind by us. Alex Cooper Auctioneers is not responsible or liable for the correctness of the catalogue, internet listing, condition reports, or other descriptions. Any references to damage, repair or restoration are for guidance only and should be evaluated by the bidder; the absence of such references does not imply that an item is free from defects, repairs, or restoration, nor does a reference to particular defects, repairs or restorations imply the absence of others. Condition of frames on artwork is not generally described. All measurements are approximate. Jewelry descriptions are only estimates as to carat size, gold content, number of stones, etc. Upholstered furniture has not been disinfected. C. Images. All images in Alex Cooper Auctioneers catalogues are for identification purposes only and are not intended to represent the actual color or clarity of the item being auctioned. All photos are of the actual items being auctioned unless otherwise noted in the catalogue or online listing. Please note that the photos may be enlarged to show detail or reduced for inclusion in the catalog online listing. D. Inspections. If you purchase any item sight unseen, you accept all responsibility for such purchase; without limitation, you accept any defects, damages, past repairs, irregularities, and all other physical conditions that could have been determined by your inspection of the property. Neither Alex Cooper Auctioneers nor the seller made any warranty or guaranty as to property offered at auction. E. Estimates of Selling Price. Any estimate of the selling price of an item stated in our catalogue or internet listing is intended as a guide for prospective bidders. Any bid between the listed figures would, in our opinion, offer a fair chance of success. However, all property can bring prices either above or below stated estimates. Stated estimates should not be relied upon as the value of the item, nor as a statement that this is the price at which the item will in fact sell. F. Buyer's Responsibility. All property is sold "AS IS" without any representation or warranty of any kind by Alex Cooper Auctioneers or the seller. Buyers are responsible for satisfying themselves as to all aspects of property condition and descriptions, including without limitation genuineness, attribution, provenance, authenticity, authorship, completeness, condition, damage, repairs, restorations, estimates of value, and all matters referred to in catalogue entries, internet descriptions, condition reports, and elsewhere. 3. CONDUCT OF SALE. A. Bidder Qualification. Alex Cooper Auctioneers may from time to time establish standards of qualification for bidders. Internet bidders must qualify through Bidopia, which is brought to you by Auction Flex (hereafter referred to as Bidopia) online bidding software. Alex Cooper Auctioneers reserves the right, at its complete discretion, to refuse admission to the premises and/or participation in any auction, and to reject any bid. B. Bidder Registration. Prospective bidders are required to register prior to the auction. Registration is available a limited number of days prior to the time and place of the auction. Internet bidders must register through Bidopia bidding software. When registering on Bidopia, you must include a credit card that allows Alex Cooper Auctioneers to charge to at the end of the auction event. PRIOR TO BIDDING, ALL REGISTRANTS ARE REQUIRED TO CAREFULLY READ ALL TERMS AND CONDITIONS OF SALE, THE DESCRIPTIONS FOR THE LOTS ON WHICH THEY HAVE BID AND THEY AGREE TO BE BOUND BY THESE TERMS OF SALE. Any questions shall be directed to Alex Cooper Auctioneers prior to bidding. Registrants are responsible for payment of purchases resulting from all successful bids. No children under age 13 are permitted at exhibitions or sales. C. Internet Only Bidding. Internet bidding is offered as a service to our customers, and prospective bidders shall not hold us responsible for any errors or failures in executing bids, nor shall they hold us responsible for any failure due to the loss of the auction applet supplied to us by Bidopia online bidding software. Internet bids are bid electronically by the computers of Bidopia online bidding software. D. Acceptance and Rejection of Bids. Alex Cooper Auctioneers reserves the right to accept or reject any bid for any reason whatsoever. The highest bidder acknowledged by Alex Cooper Auctioneers will be the actual buyer. In the event of any dispute between bidders, or in the event of doubt on Alex Cooper Auctioneers' part as to the validity of any bid, Alex Cooper Auctioneers will have the exclusive final discretion to determine the successful bidder, cancel the sale, or to re-offer and resell the item in dispute. Alex Cooper Auctioneers is not responsible for any errors or omissions in connection therewith. Alex Cooper Auctioneers shall be the sole arbitrator in case of any disputed bid. E. Reserves. It is the policy of Alex Cooper Auctioneers to act as agent on behalf of the sellers; Alex Cooper Auctioneers does not permit a seller to bid on his or her own lots unless expressly so stated or except as herein set forth. Unless advertised otherwise, some lots may be offered subject to a reserve. A reserve is the minimum price that the seller is willing to accept for the lot, which may or may not be disclosed, and which may be determined or modified at any time by written or verbal communication between the seller and Alex Cooper Auctioneers through conclusion of the auction sale for that lot. If a reserve is established, it is generally at a percentage of the low estimate and will not exceed the low estimate for the lot. It is important for all bidders to know that Alex Cooper Auctioneers may open the bidding on any lot by placing a bid on behalf of the seller, and may continue to bid on behalf of the seller up to the amount of the reserve price, either by placing consecutive bids or by placing bids in response to other bidders. Alex Cooper Auctioneers will not place consecutive bids on behalf of the seller above the reserve. F. Withdrawal of lots. Alex Cooper Auctioneers reserves the right to withdraw any lot before or during the sale and shall have no liability whatsoever for such withdrawal. No participant in the auction sale shall have a right to claim any damages, including consequential damages if a lot is withdrawn. G. Bidding Increments. Alex Cooper Auctioneers uses the following increment multiples for all bidding, whether live, absentee, telephonic or internet. Bid Range Increments $0 - $99 $10 $100 -$499 $25 $500 - $999 $50 $1,000 - $1,999 $100 $2,000 - $4,999 $250 $5,000 - $9,999 $500 $10,000 - $19,999 $1,000 $20,000 - $49,999 $2,500 $50,000 - $99,999 $5,000 $100,000 - 199,999 $10,000 $200,000 - + $25,000 H. Winning Bids. Subject to Alex Cooper Auctioneer's discretion, the highest bidder accepted by Alex Cooper Auctioneers will be the winning bidder; when the online bidding time expires this marks the acceptance of the highest bid and the entry of a contract between the seller and high bidder. The winning bidder assumes full responsibility and risk of loss for items purchased. Any person submitting bids on behalf of a corporation or other entity, by making such bid, agrees to be personally liable for the payment of the purchase price and any related charges and the performance of all Buyer obligations under the Terms of Sale. ALEX COOPER AUCTIONEERS IS NOT RESPONSIBLE FOR ANY ERRORS IN BIDDING. All Bidders should make certain to bid on the correct lot and that the bid is the bid intended. Once the online bidding time expires, the Buyer is unconditionally bound to pay for the lot, even if the Buyer made a mistake. 4. FOLLOWING THE SALE. A. Invoice. The bidder acknowledges that the invoice describing a lot by number incorporates the catalog and Terms of Sale. B. Buyer's Premium. A twenty-three percent (23%) buyer's premium will be added to the hammer price. C. Tax. All purchases will be subject to a 6% Maryland sales tax unless: (i) the property purchased is for resale and a valid Resale Tax number is presented to Alex Cooper Auctioneer's business office at the time of payment, and the sales price is $200 or more; or (ii) the property is being shipped to a buyer located outside the state of Maryland. All applicable value added tax, sales tax, compensating use tax, or equivalent or other taxes shall be paid by the winning bidder. D. Payment. Your credit card included when you registered on Bidopia will be charged immediately following the close of the auction event. Alex Cooper Auctioneers accepts cash, certified checks, Visa or Mastercard as payment. Credit card payments are limited to a total invoice amount of $20,000. No personal checks will be accepted without prior approval. On any cash transactions or series of transactions exceeding $10,000, Treasury Form 8300 will be filed. All property must be paid within one day following the close of the auction. Internet bidders should contact Alex Cooper Auctioneers at 410-828-4838 to discuss payment by any of the above methods. i. Nonpayment. Any winning lots not paid for in accordance with Alex Cooper Auctioneers terms and conditions will be forfeited by the purchaser. Refer to 4-G 'Remedies for Breach' E. Collection of Lots / Shipping. No lots shall be delivered to or collected by the winning bidder until payment in full of the purchase price and all applicable taxes and charges. All lots must be picked up by the winning bidder or the winning bidder's shipper within two business days following the close of the auction. Property left past this date will be forfeited to Alex Cooper Auctioneers, Inc. For internet bidders requiring lots to be shipped to them, Alex Cooper Auctioneers will provide names of packing and shipping agents located in Baltimore, and customers may arrange for services by one of those agents or one or their own choosing to pack and ship the property. Alex Cooper Auctioneers will not pack or ship; providing names of packing and shipping agents is done as a convenience for the winning bidders and Alex Cooper Auctioneers shall have no responsibility or liability for loss or damage of property shipped to winning bidders. F. Failure to Pick up Purchased Lots. Please note that all lots are subject to Alex Cooper Auctioneers FAILURE TO PICKUP POLICY. Buyer's will be expected to pick up all property from Alex Cooper Auctioneers within the following two (2) business days of the online auction closing date. The following options are available at Alex Cooper Auctioneers sole discretion If lots are not collected by the winning bidder within seven (7) days after the close of the online auction: i. Resell the property at public auction without reserve or minimum selling price, and will be liable for handling charges, expenses of both sales, and the commission on both sales at regular rates. ii. or all items will be transferred to Navis Pack and Ship located at 1587 Sulphur Spring Road, Suite 107, Baltimore, MD 21227. Items will be subject to Navis Pack & Ship terms and conditions which can be viewed at: http://www.gonavis.com/pdf/Sample%20Possessions%20Storage%20Agreement.pdf iii. or donate the lots to a charity of Alex Cooper Auctioneers choosing. G. Remedies for breach. If any applicable conditions herein are not complied with by a winning bidder, in addition to other remedies available by law, including without limitation the right to hold the winning bidder liable for the total purchase price, Alex Cooper Auctioneers at its option may either (a) cancel the sale, retaining as liquidated damages all payments made by the winning bidder or (b) resell the property at public auction without reserve or minimum selling price, and the winning bidder will be liable for any deficiency and costs, including handling charges, expenses of both sales, the commission on both sales at regular rates, all other charges due hereunder and incidental damages. In the event of breach by internet bidders of these Terms and Conditions of Sale, Alex Cooper Auctioneers may file a Non-Paying Bidder Alert to Artfact Live, AuctionZip Live, Invaluable Live, Bidopia, or Infinite Bidding. Alex Cooper Auctioneers reserves the right to impose a carrying charge of 1.5% per month on past due accounts. Buyers agree to pay reasonable attorney's fees and costs incurred to collect past due accounts. 5. LIMITATION OF WARRANTIES. NO WARRANTIES. ALL LOTS ARE OFFERED, AND ALL PROPERTY IS SOLD, "AS IS" WITH NO GUARANTIES OR WARRANTIES OF ANY TYPE. WITHOUT LIMITATION, NEITHER THE SELLER NOR ALEX COOPER AUCTIONEERS, NOR ANY OF OUR OFFICERS, EMPLOYEES OR AGENTS, MAKE ANY REPRESENTATION, WARRANTY OR GUARANTY, NOR ASSUME ANY LIABILITY OF ANY KIND WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESCRIPTION, SIZE, GRADING, QUALITY, ATTRIBUTION, GENUINENESS, AUTHENTICITY, PROVENANCE, AGE, CONDITION, MATERIALS, AUTHORSHIP, COMPLETENESS, DAMAGE, REPAIRS, RESTORATIONS, ESTIMATES OF VALUE OR ANY OTHER FEATURES. NEITHER THE SELLER NOR ALEX COOPER AUCTIONEERS, NOR ANY OF OUR OFFICERS, EMPLOYEES OR AGENTS, ARE RESPONSIBLE FOR THE CORRECTNESS OF ANY STATEMENT OF WHATEVER KIND CONCERNING ANY LOT, WHETHER WRITTEN OR ORAL, NOR FOR ANY ERRORS OR OMISSIONS IN DESCRIPTION OR FOR ANY FAULTS OR DEFECTS IN ANY PROPERTY. THE PURCHASER HEREBY ASSUMES ALL RISKS CONCERNING AND RELATED, INCLUDING BUT NOT LIMITED TO, THE GRADING, QUALITY, DESCRIPTION, CONDITION, AUTHENTICITY, AND PROVENANCE OF A LOT. A. All Sales are Final. Items are sold with all faults and are not returnable for any reason. 6. MISCELLANEOUS. A. Governing Law. These Terms and Conditions of Sale, as well as the respective rights and obligations of Alex Cooper Auctioneers, the seller, and any purchasers or bidder at any sale of Alex Cooper Auctioneers, shall be governed by and construed and enforced in accordance with the laws of the State of Maryland. B. Limitation of Liability. In no event shall the liability of seller or Alex Cooper Auctioneers, its officers, employees and agents, to a winning bidder for any breach, act, omission, or claim of any nature, with respect to an item purchased, exceed the purchase price actually paid by the winning bidder for the item. In no event shall the seller or Alex Cooper Auctioneers, its officers, employees and agents, have any liability under any circumstances for special, indirect, incidental or consequential damages (including for loss of profits or revenue, costs of obtaining alternative property, claims of customers of winning bidders or otherwise), whether in contract, tort, negligence, strict liability, or otherwise, arising out of, resulting from or in any way relating to the property purchased, or its purchase, sale, delivery or non-delivery. In no event shall seller or Alex Cooper Auctioneers, its officers, employees and agents, be liable for any claims related to the errors, acts, omissions, websites, or technology of Bidopia online bidding software, known as Auction Flex. C. Jurisdiction. By bidding at an auction, whether present in person or by agent, absentee bid, telephone bid, online internet bid, or other means, the winning bidder shall be deemed to have consented to the exclusive jurisdiction for the resolution of any disputes of the state courts in Baltimore County, Maryland. D. Legal fees. In any litigation between Alex Cooper Auctioneers and any bidders (whether or not the winning bidder) the prevailing party shall be awarded full reimbursement of its actual paid legal fees in connection with the dispute. E. Severability. If any provision or portion thereof of the Terms and Conditions of Sale shall be void, unlawful or unenforceable under applicable law, that provision or portion thereof shall be deemed deleted and severed from the remaining provisions, and shall not affect the enforceability or validity of any of the remaining provisions. F. No Assignment. Unless Alex Cooper Auctioneers consents in writing, a winning bidder may not assign its rights or any of its obligations relating to an auction or other sale by Alex Cooper Auctioneers. Any assignment without Alex Cooper Auctioneers' written consent will be void. G. No Waiver. These Terms and Conditions of Sale may not be waived by Alex Cooper Auctioneers unless such waiver is in writing and signed by Alex Cooper Auctioneers. A waiver on one occasion shall not be a waiver on any other or future occasion or affect Alex Cooper Auctioneers' right to insist on strict performance of all other provisions. Auctioneers, Inc. Please note that payment by personal or business check may result in property not being released until funds clear our bank. SHIPPING OF PURCHASED PROPERTY IS THE RESPONSIBILITY OF THE BUYER. Therefore it is the purchaser's responsibility to contact a shipper for shipping quotes and arrangement. You are welcome to contact any shipper of your choosing. For your convenience, the following shipping agents make regular trips to the Alex Cooper gallery: 1) Navis Pack & Ship Centers (all items), contact George Mackertich, MD1075@goNavis.com. (877) 737-8020, or (410) 737-8020 2) Postman Plus, email@example.com. 410-256-7447, (f)410-256-7080. 3) The UPS Store 410-821-0804 Fax 410-821-0811 Email - firstname.lastname@example.org 4) The UPS Store 410-683-1303 Fax 410-683-1319 Email - email@example.com 5) UShip.com - Furniture delivery - Your furniture lot delivery will be bid on by multiple shippers through this website.
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.