Auction Terms & Conditions
INTERNET ONLY AUCTIONS - TERMS AND CONDITIONS:
EXTRA NOTICE, SALES TAXES: Effective December 1, 2018, sales taxes must be collected by every business owner/retailer who conducts business in this State according to the location where items are either picked up or shipped to. What this means is if we ship items to your location (anywhere outside the 81007 Zip Code), we are required to collect and remit sales taxes for the location we ship to. For example: If you require us to ship to your location in Ft Collins, CO, we will collect sales tax equal to 7.3% for that jurisdiction rather than the 2.9% state sales tax we currently collect. If you pick up your items at our location, you would only pay the sales tax of 3.9% due here. This Dept. of Revenue rule may be delayed until Spring of 2019, but as of this writing is expected to take effect as planned. If you are an out-of-state buyer, this rule does not affect you at this time however, hold on to your wallet, it's coming to a place near you!
GENERAL: The auction firm is acting solely as the agent for the seller and is not responsible for any acts or omissions of its principals. By registering to bid or placing a bid, all bidders agree they have read and fully understand the terms and conditions herein and agree to be bound by them. Announcements made day of sale take precedence over any published announcements. Internet bidders agree that bids placed on the internet auction site shall have the same legal effect as if they were in attendance at the auction in person. PLEASE ASK QUESTIONS BEFORE YOU BID. THERE ARE NO REFUNDS AND NO RETURNS.
1. PREVIEW AND INSPECTION: Property is open to thorough public inspection on specified dates. Persons attending the sale during any preview period, the auction, or during the removal period assume all risks of damage, injury, or loss to their person and or property, and specifically release the auctioneer and the auction firm from liability thereof. Neither the auction firm nor its principals shall be liable for any reason of any defect in or condition of premises on which the auction is held. Preview and inspection dates and times are listed on the Auction Details page under the Auction Information tab.
2. PROPERTY CONDITION: All property is sold "AS IS, WHERE IS" without any warranty or guarantee of any kind, expressed or implied. ALL SALES ARE FINAL. THERE ARE NO REFUNDS, EXCHANGES, or REFUSALS. By being the highest bidder on an item, you are the buyer and are bound by the terms and conditions of this sale.
3. PROPERTY DESCRIPTION; ERROR; REMEDY: 345 Auction makes every attempt to carefully describe the merchandise in advertising, on the internet, and at the auction, but makes no representation as to accuracy. It is the Bidder's responsibility to determine condition, age, authenticity, value or any other determinative factor. Internet Bidders who bid from off site and do not attend any preview inspection understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. In no event shall 345 Auction be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. 345 Auction does not guarantee any appraisal, grading or certification. If you have questions or need more information about any item offered for auction, PLEASE ASK BEFORE BIDDING. You, the Bidder, shall be the sole judge of value. As the Bidder, it is your sole responsibility to determine if any item is legal where you live or where the item will be used. By placing a bid, Bidder acknowledges that he or she has inspected the items to his or her satisfaction or chooses not to examine them at his or her sole risk. 345 Auction will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that he or she may not return any item they purchase for any reason except an intentional and material misrepresentation of the item itself made by 345 Auction. Bidder's sole remedy in the event of an intentional and material misrepresentation of an item shall be to return the item, at their expense and in the same condition it was shipped to them. If 345 Auction agrees that the item was materially and intentionally misrepresented, 345 Auction will refund an amount up to the Bidder's purchase price to him/her. Bidder furthermore agrees that 345 Auction's liability to any Bidder shall never be for an amount greater than the purchase price of the item they purchased. BIDS CANNOT BE REMOVED UNLESS IT IS AN OBVIOUS TYPOGRAPHICAL ERROR. MAKE CERTAIN YOU KNOW WHAT YOU ARE BIDDING ON BEFORE YOU BID. If an item(s) is damaged during shipment and buyer purchased insurance for the item damaged, within 48 hours of receipt of the item, buyer is responsible for notifying 345 Auction of the damage by texting or emailing a description and photo of said damage to 719-252-2262 or firstname.lastname@example.org. Buyer must preserve all pieces of the item and any packaging it was received in. Failure to do any of these things may void an insurance claim. Buyer acknowledges insurance claims and payments may take up to 30 days to be resolved and any claim for damage during shipping is limited to the amount invoiced for the item plus Buyer's Premium and Sales Taxes if charged. Shipping charges are excluded and are the sole responsibility of the Buyer.
4. PAYMENT INFORMATION: Effective July 1, 2018, unless you have an established buying record with us, we will charge all credit cards immediately after the close of the auction. If you have an established record with us, we will automatically extend to you the option of paying with cash or check at auction pickup. FOR NEW CUSTOMERS: In order to help eliminate credit card fraud, if your anticipated purchase or actual purchase is more than $500.00, we may require payment by wire transfer. Please call for details.
345 Auction accepts CASH, CHECK, MONEY ORDER, CREDIT CARD, OR WIRE TRANSFER. Acceptable credit cards are Visa, MasterCard, Discover and American Express. Cashier's Checks, Personal Checks or Money Orders may be accepted with prior authorization and identity verification. Merchandise will be held for up to 14 days for these checks to clear. 345 Auction reserves the right to charge the Bidder's credit card the full amount of any or all of Bidder's pre- or live bids at any time. When the bidding for an item closes, Bidder assumes full responsibility for the merchandise. FOR INTERNET ONLY AUCTIONS, EVERYTHING MUST BE PAID FOR WITHIN 48 HOURS OF AUCTION CLOSE OR AS SPECIFIED IN THE AUCTION DESCRIPTION. All internet Bidders agree to pay a buyer's premium equal to Sixteen and One Half Percent (16.5%) of the hammer price of each item they purchase. If the hammer price of an item is $100.00, the buyer's premium will be $16.50 for a total purchase price of $116.50. Under state law, applicable sales tax will be collected on the entire amount. There is a 3% discount for cash payments made within 48 hours of auction end. No discount is offered at any other time. The bidder/buyer agrees to reimburse the auctioneer for all expenses incurred in the collection of any bad debt in conjunction with this auction. We will charge an additional $30 fee to any buyer whose credit card is declined for any reason and bidding privileges will be suspended until paid in full.
5. INTERNET SERVICE PROVIDER & SOFTWARE: 345 Auction is providing internet only bidding for this auction. Bidder acknowledges and understands that this service may or may not function correctly during the auction period. Under no circumstances shall Bidder have a claim of any kind against 345 Auction or anyone else if the internet service fails to work correctly before or during the auction event. 345 Auction will not be responsible for any missed bids from any source. 345 Auction reserves the right to withdraw or re-catalog items in this auction. In the event of any software problem, mistake or other issue, 345 Auction reserves the right to extend the closing times, stop, re-start or cancel this auction at its sole discretion. Although an item may display as "sold" on the internet, no sales are final until they are certified by 345 Auction and Bidder receives an invoice. The sale price recorded by the auction software provider shall be the official sale price of the item sold. 345 Auction reserves the right to cancel any or all sales and resell the items in whatever manner it chooses.
6. BID INCREMENTS; SELLER RESERVES; ELIGIBLE BIDDERS: The bids are advanced at pre-set increments which are viewable on the Auction Details page under the Bid Increments tab. From time to time 345 Auction may accept items with secret reserve amounts. The seller and 345 Auction reserve the right to bid on behalf of the seller on items which there may be a reserve. This is a public auction and as such, all qualified bidders may bid including 345 Auction owners, family members and employees. 345 Auction may reject or cancel any bid for any reason. The record of the auction made by 345 Auction shall be conclusive.
7. PLACING A BID; SOFT CLOSE: Bidders who choose to place bids on items may do so at any time after the auction officially opens and before the item closes. Bidders may choose to bid the next increment amount on any item or may wish to bid up to a maximum amount of their choosing. Bidding more than the next bid increment means you will bid in published increments up to and including your maximum amount but no higher, unless overridden by you. Your maximum bid amount will not become the high bid unless another bidder has previously placed a higher maximum amount for the same item. For example, suppose you wish to bid on an item XYZ Widget. The current bid for XYZ Widget is $4. You can either bid $6 (the next increment) or if you believe the item is worth $10, you can place a maximum bid you will pay at $10. The auction website will bid the next increment of $6 for you and if that is the only other bid on this item, the bid will remain there until it closes and you win the item. Another bidder may choose to bid $8 at which time the website will automatically place your bid of $10 (your maximum) and you are still the high bidder. If another bidder places a $12 bid on the item, unless you override your maximum bid amount, you will have been outbid and potentially will not win the item. When the bid was at $4 and you placed a maximum of $10 on the item, the high bid was not automatically raised to your maximum. Only bids from other interested buyers raised the bid to your max or beyond. You may at any time raise your maximum bid, however. This auction utilizes a "soft close" to end each item in the sale. A soft close means as items are closing, if there is a bid on the specific item or group of items within a certain time frame of the items scheduled close, then the item's closing time is extended a specified amount of time. This is done to prevent sniping of items at the end of an auction making it fair for everyone to bid. The soft close time is generally three minutes but can vary depending on the auction needs.
8. PROPERTY PICK-UP AND REMOVAL: All property shall be removed from the premises by the Bidder at his/her own risk and expense within the time period announced. FOR ITEMS SOLD AT OUR PUEBLO WEST LOCATION: UNLESS OTHERWISE DESCRIBED, ALL MERCHANDISE PURCHASED AT THIS AUCTION MUST BE REMOVED WITHIN SEVEN DAYS OF AUCTION CLOSE. THE SPECIFIED TIME FRAMES ARE REGULARLY TUESDAY - FRIDAY, 10:00 AM - 5:00 PM AND SATURDAY, 10:00 AM - 2:00 PM UNLESS SPECIFICALLY ALTERED IN THE AUCTION TERMS. UNLESS SPECIAL ARRANGEMENTS HAVE BEEN MADE WITH 345 Auction OR THE ITEM IS BEING SHIPPED THESE DAYS AND TIMES WILL APPLY. PROPERTY NOT REMOVED WITHIN SEVEN DAYS OF AUCTION CLOSE WILL HAVE A STORAGE CHARGE OF $10 PER LOT, PER DAY ADDED AND AFTER FOURTEEN DAYS OF AUCTION CLOSE, THE ITEMS WILL BE CONSIDERED ABANDONED AND FORFEITED WITH NO REFUNDS. FOR ITEMS SOLD AT ONE OF OUR ON-SITE LOCATIONS: SPECIFIC DAYS & TIMES WILL BE PUBLISHED IN THE AUCTION DESCRIPTION AND SENT TO YOU VIA EMAIL. THESE DAYS AND TIMES WILL BE STRICTLY ADHERED TO. SHOULD YOU NEED ALTERNATE ACCOMODATIONS, PLEASE CONTACT US BEFORE YOU BID. MANY TIMES ALTERNATE DATES ARE NOT AVAILABLE. ALTERNATE DATES AND TIMES MAY CAUSE ADDITIONAL CHARGES ON YOUR INVOICE. Abandoned property will revert to the seller for disposal and Bidder shall have no claim to merchandise not removed after the fourteen days. Buyer's bidding privileges will be suspended until storage costs have been paid in full.
Many buyers have been coming to auction pick-up ill prepared to pack up or load their purchases expecting our staff to assist them. We've had help available asking only that they be given a gratuity for their service. Many have used them and some of you have compensated them appropriately. For that we give thanks! However, the majority using their services have been neglectful and taken advantage of their strong backs! Therefore, we have instituted a new policy which is no longer voluntary: If you require loading help with your purchases, we will charge you a minimum of $25 or more per piece of furniture or large item and $10 per boxed item to load them for you. We will require payment in advance either by cash or credit card. Please understand this, if we get injured loading your purchases, is it you who misses work because of it? We can ill afford to miss the work we have and hope you understand. Please bring the APPROPRIATE help and vehicle with you!
9. SHIPPING: 345 Auction will ship most items if not prohibited by law or size restrictions. Generally, if an item you purchase can be shipped in a USPS Flat Rate Priority Mail package, we will prepare, package and ship the item to you as you request. We will bill your credit card for the actual cost of the USPS Flat Rate Shipping plus a handling fee of $2.50 (small box or envelope), $5.00 (medium box) or $7.50 (large box) per package. If you purchase more than one item and they will all fit in one package, there will be only one handling charge. If there is more than one package, each package will be billed separately. If the items are unable to utilize the USPS Flat Rate Priority mail service, you must arrange other shipping options as necessary. It is the responsibility of the Bidder to arrange and pay for shipping to the buyer's destination. If a professional shipper is used, please make arrangements for shipping your item(s) within the specified removal time frame. Contact 345 Auction via telephone to give information regarding your shipper's pick-up schedule; emails, text messages, or voicemail messages are acceptable alternatives to telephone calls, but a personal message is best practice. If you choose to contact us other than by a personal call, if you do not receive a response within one hour, assume we did not receive your message and make the telephone call. Bidder hereby grants any shipper of 345 Auction's choosing the right to charge their credit card the entire amount of packing, shipping and handling costs. In the event that Bidder does not pay for shipping, Bidder shall have no claim against 345 Auction and will forfeit the merchandise with no refunds. All items will be insured for the purchase price and delivered with signature confirmation required. Our priority is to deliver your purchase in excellent condition. Bidder agrees that any merchandise not removed by bidder within seven days of the auction will be forfeited with no refunds.
10. GOVERNING LAW; JURISDICTION: Bidder agrees that this agreement shall be governed by the laws of the state of Colorado and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Pueblo County, Colorado. Bidder agrees and grants that service of process on them may be obtained by mailing a certified letter, containing a summons, postage prepaid, to them at the address they provided to register. Should a dispute arise between 345 Auction and Bidder, Bidder waives any right to a trial or hearing in a court of law and agrees to settle the dispute through binding arbitration in Pueblo County, Colorado with an arbitrator appointed by the President of the Colorado Auctioneers Association.
11. SEVERABILITY: If any provision of this Agreement shall be or shall become illegal, invalid, or unenforceable, in whole or in part, for any reason, the remaining provisions of this Agreement shall not be affected thereby but shall be deemed valid, binding and enforceable to the greatest extent permitted by law.
12. BIDDER IDENTIFICATION: 345 Auction may refuse a buyer's number and bidding privileges to anyone for any reason. Bidder agrees to provide any identification 345 Auction may request including but not limited to: driver's license, photocopies of credit cards, Social Security card or US Passport. Bidder agrees to comply with any stated additional terms or conditions associated with particular items.
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.