Auction Terms & Conditions
Karin A Costa Auctions & Appraisals
Terms of ONLINE ONLY AUCTIONS
Revised September 11, 2017
1. This is an online only auction conducted by Karin A Costa Auctions & Appraisals, Reno, Nevada. The items in this auction are located at the residence or business address, NOT the business address of Karin Costa. Buyers are to pick up items at the residence or business, NOT at Karin A Costa Auctions & Appraisals.
By registering and bidding at auction you are entering into a written contract to purchase the items at the price you bid and accept all terms and conditions, dates and notices, including payment and pick up terms. Failure to perform under this contract, including non-payment, no show for pick up, and chargebacks will result in fees, banishment from future auctions and a negative rating on Hibid.
2. NEW BIDDERS: Bidders who do not have an account with us must create an account by providing their Name, Address, Email Address and a valid credit card number to register for an auction. Bidders must create a unique Username and Password in order to bid at the auction. We DO NOT retain or have access to your credit card information, therefore, you MUST call us for credit card payment prior to pick up time.
You are ADVISED to create this account well in advance of the auction close.
Bidders will be given a spending limit. In order to increase this limit, you will be required to provide a letter of authorization from your bank in addition to providing references. Please contact our office at least 48 hours prior to the close to obtain permission.
3. ONLINE INTERNET BIDDING (Soft Close): Internet bidding progresses like a live auction with each lot closing in numeric order every 20 SECONDS. The time clock indicates the time left to bid on the lot. Any lot that receives a bid in the last minute of its close will remain open for an additional 1 MINUTE of online bidding. Bidding will stay open until there are no bids on the lot for 1 minute. Any lot not receiving bids in the last minute of close will close at the time indicated on the time clock for that lot.
WARNING: Auction participation through the internet bidding site is not guaranteed to respond without technical difficulties. The technology is under development and the operation of it and the corresponding internet connectivity issues are beyond our control. Depending on your computer, server, host, Acts of God and other factors, internet signals may be delayed so that your bids may not be received in time. We are not responsible for these technical difficulties, Acts of God, lack of placed bids in a timely manner, or any other factors leading to unaccepted bids. Bidders are ADVISED to have a backup plan or to place their maximum bid for lots they highly desire. We will not reopen lots for missed bids.
4. Bidding Increments determined by auction.
5. Maximum Bid: Bidders may set their maximum bid for any lot and let the computer bid in the bidding increments against other bids. For example, if you submit a maximum bid of $500 and the next highest competing bid is $250, then you win the bid at $275. Bidders may adjust their maximum bid upwards.
6. Bid Cancellation: If you wish to cancel or change a bid after placing a bid, you MUST call our office at 775-722-2776 Monday through Friday 8 am - 4 pm Pacific time to advise us. Bid cancellation through mail, email or text are not advised as errors can occur. WARNING: Our office is NOT open during auction closing, so we are not able to assist you at that time. If you bid during the auction close, your bid WILL NOT be retracted and you will be responsible for purchasing the item.
7. Bid Rejection/Decline Bidder Registration: We reserve the right to reject any bid we feel is not made in good faith. We reserve the right to decline registration to bidders who have failed to perform at prior auctions, we feel will not make bids in good faith, cannot perform under the Terms of the Auctions or Conditions for payment and pick up and/or have a negative rating on Hibid.
Placing a bid shall constitute the bidder's acceptance of the Terms of Auction and the Conditions for payment and pick up.
8. CONDITION: All items are sold AS IS, WHERE IS without warranty, guarantee, refund or return. All items are considered USED and item condition, including chips, cracks, dents, repairs or other conditions regarding working order are not always noted. Conditions, when noted, are subjective and opinion of condition may differ for each person or collector. We recommend that you attend the live preview to inspect items to your own satisfaction. No bid will be set aside or transaction cancelled for buyer's failure to inspect a lot or to call our office with questions regarding the item.
Large lots may not be itemized, all contents inspected during cataloging or all contents photographed in part or as a whole due to set up and catalog restraints. Items are set up, displayed, cataloged and photographed at the residence or business location under the lighting, physical space and location restraints given the sale and object. Therefore, items are not photographed under professional photography studio conditions. We advise bidders to attend the live preview to inspect items to their own satisfaction.
NO GUARNATEE, WARRANTY, REFUND OR RETURN. All items are sold as is, where is and are considered used even if packaged in factory sealed containers. Auction company and seller do not guarantee item for fitness of use, origin, authenticity, provenance, material composition, working condition, recall or suitability for purpose. Buyer is making own judgment when bidding on used merchandise.
9. Buyer's Premium: As posted in the auction catalog. 3% discount for cash.
10. Sales Tax: Sales tax will apply, according to state law, for any items that are picked up in Nevada, unless a current, valid resale certificate is provided to us at pick up for each auction. We will not retain resale certificates in the computer database. Resellers MUST give us a copy of their resale certificate or complete a Department of Taxation form stating all of the purchase is for resale at pick up or pay sales tax.
11. Invoicing: Invoices are emailed within 1 business day after the close of all portions of the sale. Payment from out of state buyers is due in full to Karin A Costa Auctions & Appraisals, 60 Horseshoe Circle, Reno, Nevada 89508, 775-722-2776 by 4 pm on the day prior to scheduled pick up by calling us with your credit card number or by bringing cash to our office. Appointments are required for cash payments. WE DO NOT RETAIN THE CREDIT CARD INFO YOU REGISTER WITH and DO NOT HAVE THE ABILITY TO CHARGE THAT CARD. YOU must call us with credit card payment.
Invoices will be emailed to the email address you provide in your registration account. We are not responsible for your typing errors which result in inaccurate typing of your registration information. We are not responsible for technical issues with the internet software which may block transmission of your invoice. We advise you check your spam, social and promotions folder when you expect an invoice from us. Further, we advise that you have an auction only email account in gmail, yahoo or hotmail to receive auction notices from us.
The computer system automatically sends your invoice to the email address you provided. It is not our fault if you do not receive an invoice and pick up information and therefore default on the auction terms. Defaulting buyers will be assessed penalty fee and are subject to declined bids at future sales and placed on AuctionFlex notice of non-performing buyers.
OUT OF STATE buyers who DO NOT perform by calling us for payment by the deadline, will be banned from future auctions and given a negative rating on Hibid.
12. Payment: We accept Visa, Master Card, Discover, American Express and cash. NO CHECKS. Payment from Out of State buyers is due by 4 pm on the day prior to the scheduled auction pick up day and time. Out of State buyers failing to contact our office with payment will forfeit their purchase and be banned from future online and live auctions conducted by Karin A Costa Auctions & Appraisals.
13. Pick UP: All items are located at the seller's residence or business, therefore, purchases will not be available for pick up at any time other than posted for the auction. Location for pick up is posted in the top margin of your invoice. Items paid for but not picked up during the scheduled time will be forfeit without recourse or refund, and subject to sale to the back-up buyer at the back up bid, sale to other buyers or retention by the seller.
Pick up is between the hours posted for auction pick up. Doors close within 15 minutes after the posted closing time. Bidders not arriving prior to closing time will have their transaction voided, the items offered to other buyers and the bidder declined for future bidding at our auctions.
We DO NOT load items or pack for you. You must bring enough able people to help you load your items; we do not carry items for you. You must bring your own tools for disassembly and loading, wrap and containers for packing, laborers for loading and large enough vehicle to remove ALL items during the scheduled pick up time.
Further, we recommend that you stage your purchases outside if the driveway and sidewalk traffic is occupied. Persons needing more time to remove items from the buildings will be assessed $50 per hour, with a minimum of $50 assessed, to extend the pick up time. Persons needing a different day for pick up will be assessed $50 per hour per person portal to portal from Karin A Costa Auctions & Appraisals office plus $.60 per mile round trip portal to portal.
Further, bidder is advised that pick up occurring in residential and business locations may not be ADA accessible, may have lighting and construction hazards, and other hazards, allergy causing odors, heating and ventilation issues, stairs and steps. Karin Costa Auctions does not guarantee building code compliance of the property. Bidders are entering at their own risk. Further, any damage to the residence or building caused by the bidder, their help or third parties hired by bidder may be cause for a claim against the bidder by the homeowner, landlord, or other real property title holder.
In addition, bidders are advised to adhere to all local parking regulations since Karin A Costa Auctions & Appraisals is not responsible for any traffic, parking or loading violations. Further, Karin A Costa Auctions & Appraisals is not responsible for any damage caused by bidder to adjoining real property or to the residence or business location from which buyer is removing the personal property.
Bidders will be assisted by Karin Costa Auction's staff in locating lots won. Bidders are not to interfere with lot contents of lots won by others or which did not sell.
14. Bidders are advised to bid on lots during the online auction. Karin A Costa Auctions & Appraisals does not guarantee that lots in the auction which did not receive bids will be available for purchase after the auction.
15. Shipping: The buyer is solely responsible for arranging and paying for shipment packing, packaging materials, labor, handling and shipping costs. We STRONGLY ADVISE that bidders investigate shippers prior to bidding. A $5 per lot handling fee will be assessed by Karin A Costa Auctions & Appraisals for organizing small items for pick up by shipper; large items will remain in the residence or business where the shipper will have to remove. A $50 per hour (auction sites within 30 miles one way) plus $.60/mile round trip will be assessed for return trips to auction sites to open premises for shipping companies. In addition, $15 per each 15 minute interval wait time will be assessed for each 15 minutes we wait for the arrival of your shipper to be calculated beginning at 15 minutes after scheduled arrival time. Further, $50 per hour will be assessed for shippers, third parties and bidders requiring more than 1 hour to pack and load items. No items will be shipped unless the invoice is paid in full.
A SHIPPING RELEASE form must be completed by the buyer to allow release of items to a shipper, even for local transport and the USPS flat rate boxes prepared by Karin A Costa Auctions & Appraisals. Karin A Costa Auctions & Appraisals is not responsible for damage to any items packed or transported by its staff.
Karin A Costa Auctions & Appraisals DOES NOT pack, ship or transport fragile, bulky or other items. Packing and shipping is available by Karin A Costa Auctions & Appraisals only for items which fit into Small, Medium or Large USPS flat rate shipping boxes. The cost for USPS mail plus insurance and signature requirements will be charged to your credit card provided for the purchase. A separate transaction may take place for the shipping cost. Karin A Costa Auctions & Appraisals does not haul or store items for local or out of area buyers. There are other service providers to whom we can refer you to prior to bidding to estimate costs or schedule pick up.
Bidder's not paying for the packing or shipping directly to the shipper will be liable for any claims made by the shipper. We are not liable to bidder for refund or return of auction items left with a shipper for which the shipper has not been paid for services. Any claims are between the shipper and bidder.
Not all residences or businesses are available for pick up dates beyond the scheduled pick up date due to real estate sale closings, rental expiration, or other circumstances. DO NOT bid if you cannot pick up on the scheduled date or have not inquired about other available pick up dates.
16. Non-Payment: Karin A Costa Auctions & Appraisals reserves the right to cancel any invoice from an Out of State buyer that is not paid by 4 pm on the day before auction pick-up or by a Local Buyer that is not paid by the closing time posted for auction pick up. A cancelled invoice does not relieve the bidder from their obligation to pay the no-sale penalty of $75.00 to compensate Karin A Costa Auctions & Appraisals for its services in conducting the auction.
Karin A Costa Auctions & Appraisals may sell the lot(s) securing the invoice to any underbidders or other persons in the auction.
Chargebacks are not permitted. Karin A Costa Auctions & Appraisals retains the buyer's record of all registrations and bids placed at auction with the ISP, date and time stamp for each successive bid along with documentation of the emails, sent, terms and conditions under which a buyer registered, invoices and phone calls. Any item shipped also has the mail or shipping receipt attached and signature record retained from the shipper. Any person requesting a chargeback will be responsible for legal fees, court costs, travel and lodging expenses along with the purchase price including buyer's premium, tax and shipping.
17. We do not REFUND purchases. We have attempted to describe the items and their condition accurately. If no condition is given, assume AVERAGE on a scale of mint, near mint, excellent, average, fair, poor. Unless a manufacturer's label is present, our estimation of materials, size, date of manufacture, age, etc are only estimations. No scientific or other investigation has been performed to authenticate an item.
When you place a bid, we assume that you have read the Terms of Auction, the Description in the catalog, viewed the image(s) of the item(s), have contacted us regarding questions you may have on any lot and/or previewed the lot in person. Therefore, returns are only accepted if prior approval is given by Karin A Costa Auctions & Appraisals.
18. Karin A Costa Auctions & Appraisals shall not be responsible for any problem due to the bidder's failure to follow the rules, terms and conditions of the sale, or any failure to bid due to loss of the online auction provided by any of the online auction networks or website hosts; or any missed bids, changed bids or cancelled bids due to the bidder's failure to follow the proper bidding procedure outlined herein.
19. By placing a bid or otherwise participating in the auction, bidder accepts these Terms and Conditions, and specifically agrees to the dispute resolution provided herein. Karin A Costa Auctions & Appraisals is not responsible for consequential damages, incidental damages, compensatory damages or any other damages arising or claiming to arise from the auction on any lot. Sole remedy for any proven act or omission shall be recission of sale and refund of the amount paid by bidder.
20. Any claim, dispute or controversy in connection with, relating to or arising out of the Auction, participation in the Auction, award of lots, damages of claims to lots, descriptions, condition reports, provenance, estimates, return and warranty rights, any interpretation of these Terms and Conditions, any alleged verbal modification of these Terms and Conditions and/or any purported settlement shall be exclusively heard by and the parties consent to exclusive in person in the jurisdiction of the Superior Court of Washoe County, Nevada. The parties expressly waive any right to trial by jury. Any claim must be brought within 45 days of the auction from which the claim arose or the claim is waived. In every case, the prevailing party shall be entitled to an award of its attorney's fees and costs.
21. There is no smoking beyond the curb. No children under age 16 are allowed on site. Any tools, equipment, shoes, trucks, trailers, cars or the improper use of these items or failure to use such tool or equipment to move purchases that mar, damage or otherwise leave the site in a condition other than as seller presented it for sale will result in buyer or buyer's help being assessed for damage by the seller. All packing materials, loose objects and items purchased must be under control of the buyer. Garbage, broken objects and objects dropped during transport to vehicle must be cleaned up by buyer.
Buyers found to have mingled their purchase with other lots during pick up will be banned from future auctions.
22. Collusion with another bidder to suppress bids is a federal offense with fines of $5000,000 or more. Bidders discovered to have colluded will be turned over to federal authorities.
23. Preview admission is by reservation only. Reservations for the preview must be made by Noon on the day before the announced preview. No exceptions. If no reservations have been made, no staff member will be at the property to open it for a preview. Any person requesting a catalog for the preview will be assessed $7.00. Persons not keeping their preview reservation and not notifying Karin A Costa Auctions & Appraisals by 4 pm the day before the preview to cancel their reservation will be assessed $10.00 to be collected at pick up for a winning bidder or to be invoiced and paid within 5 business days.
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.