238 - TERMS AND IMPORTANT AUCTION DETAILS SECTION - 1. AUCTION EVENT TYPE: Live Onsite with Webcast Auction 2. LOCATION ADDRESS: 3114 Freeman St. Chattanooga, TN. 37406 Office # 800-729-6466 3. AUCTION DATE: 07/06/2019 4. AUCTION PRE-BID START TIME: 6/24/2019 5. INSPECTION DATES: Friday, July 5th 8:30AM-4:00PM EST or By Appointment info@soldoncompass.com or 800-729-6466 6. BUYERS PREMIUM: BUYERS PREMIUM: 13% Onsite 15% Online 7. SALES TAX: 9.25% 8. TAX EXEMPT BUYERS: A valid Tax Exemption Certificate MUST be presented at time of checkout. NO EXCEPTIONS - NO REFUNDS 9. TYPES OF PAYMENT: Cash | Cashier's Checks | Bank Wire add +$18.00 fee Domestic or $36.00 fee International *Credit Card Transactions incur a +3% processing fee we accept: Visa | MasterCard |AMEX Checks: With a Bank Letter of Credit (see letter guidelines below in terms) 10. PAYMENT & CHECKOUT TIME: Online Bidder - Within 2 Business Days of auction. ** If you currently do not have the funds to pay for your purchases, DO NOT BID ** 11. REMOVAL INSTRUCTIONS: No items may be removed until ALL items are PAID IN FULL. NOTE: Payment is still due within 48 hours of invoicing. All items must be removed by July 12, 2019. Buyer is to bring 2 copies of Paid in Full invoice to pick up items Locations released at time of payment Item removal MUST be scheduled with the office. 800-729 - 6466 or email info@soldoncompass.com 12. FINAL DATE OF REMOVAL - 07/12/2019 (Item Pickup Scheduling is set by APPOINTMENT ONLY, if you arrive without being scheduled there is no guarantee of being loaded) Items remaining after this date will be forfeit and resold with no refunds. 13. REMOVAL HOURS: Monday - Friday 8:00AM -4:00PM EST - ** Weekend Pickup is NOT available** There is a forklift on location to assist with loading heavy items - This site has a loading dock. ** All Transport and Pickup MUST be scheduled with the office for loading personnel to be available. ** 14. FIREARM INFORMATION Bidding and Purchase of firearms: All ATF and FFL laws and regulations apply. Background Check Required Onsite Pickup/IN STATE RESIDENTS: Winning bidders of all firearms and frames will have to pass a TICS FFL background check before the transaction can be completed. The cost of the transaction, pass or denied, is $10 For every 5 firearms. If the transaction is denied, an appeal from the buyer may be filed with TICS. No straw purchases. Online/Out of State Bidders: Firearms will be shipped to your designated FFL. A copy of your FFL, or the dealer you want to have your firearms shipped to, must be provided prior to shipment of the firearms. Compass Auctions & Real Estate, LLC uses USPS and UPS for all shipments. ***Guns will be shipped at Postage cost plus a handling fee of $25 per gun for long guns, $15 per gun for hand guns. In the event multiple firearms are purchased, items can be packed and consolidated as much as possible to reduce shipping costs. Call for details. Items will be shipped within 10 business days after FFL has been verified and payment received. *******For State restrictions and Remainder of Firearms Terms and Conditions See Firearm section below****** PLEASE NOTE: Auction staff members can only provide basic assistance onsite however they cannot breakdown, load, haul, disconnect, nor do they have work or hand tools available, please come prepared with all necessary tools and/or manpower needed to facilitate loading your items. PREBIDDING: The online auction will open for prebidding. If you cannot attend live you may leave a max bid and the system will auto bid for you to that max amount. Questions? info@soldoncompass.com or 800-729-6466 ONLINE BIDDING PARTICIPATION 101: Steps: 1 - Click on the Register to Bid Button - Complete the Registration 2 - Agree to the Terms of the Auction 3 - After Submitting Registration click on View Catalog to place your pre-bids 4 - All Pre-Bids will be taken to our Live Webcast Auction 5 - Live Webcast Auction will start in conjunction with auction time listed. *Enjoy bidding from the comfort of your Office, Home or on your Mobile Device* 6 - Each lot will open with the current Pre-Bid that shows in the lot 7 - If you cannot join the Live Webcast Auction leave your highest Pre-Bid and the system will bid for you. ** ALL announcements made by Auctioneer at/or during the auction will take precedence over previous printed materials, website, or any other statements or descriptions made. ** **Online Bidders - Credit Cards will be processed 2 business days after invoicing unless you contact our office to make other arrangements email: info@soldoncompass.com or call 800-729-6466 AUCTION TERMS AND CONDITIONS: All Sections of the Terms and Conditions apply no matter the section title If you have any questions contact Compass Auctions & Real Estate, LLC. info@soldoncompass.com or 800-729-6466 ONLINE PARTICIPATION REQUIREMENTS: Valid Credit Card Authentication, accurately completed registration form and approval by Auction Company is required for bidding registration. PAYMENT ACCEPTED: Cash, Cashier's Check, Visa, MasterCard, American Express - Credit Card Transactions Have a 3% Additional Fee, and Bank Wire Transfers have additional fees of ($18.00 Domestic) ($36.00 International), checks accepted only with a Bank letter of Credit with the following information included: 1) All Internet Buyers wishing to pay by check must provide a Bank Letter of Guarantee. All letters must be faxed to 423-702-6179 or emailed to info@soldoncompass.com. BANK LETTER REQUIREMENTS: The letter must state and represent as follows: "Mr./Mrs. (Customer Name) is a customer in good standing at our bank. We will guarantee the payment of checks on his/her account (Account Number) up to (specify amount) dollars for purchase at your auction in (Auction Location) on (Auction Date). We hereby agree that no stop payment will be issued in conjunction with this letter." PAYMENT INSTRUCTIONS: All onsite purchases MUST be paid for day of auction and online MUST be paid for within 2 Business Days unless arrangements/agreements have been made PRIOR to auction. ALL Payment MUST be received within 2 Business Days of auction regardless of scheduled pickup or transport times. Compass Auctions reserves the right to charge any additional fees associated with pursuing the collection process for any outstanding and nonpayment invoices. (A $50.00 fee shall be assessed to Buyer for all returned checks and interest may be charged at the rate of 3% of the total invoice weekly plus, any additional costs, labor or fees incurred to pursue collection). Payment is due IN FULL upon receipt of invoice. If payment is not received within 2 Business Days of the conclusion of the auction/invoice, the auction company may choose to void buyer's invoice, and all items will be forfeited. Buyer will be banned from registration and/or bidding in any and all auctions associated with Compass Auctions & Real Estate, LLC., its affiliates, and/or industry associates. If a credit card is listed on file, the buyer grants permission for that card to be charged over a period of time until the total fees and charges are paid in full. All legal fees, collection fees and any other charges arising from nonpayment will be paid by the Buyer. ** If you do not currently have the funds to pay for your purchases DO NOT BID. ** WIRE TRANSFER INFORMATION INTERNATIONAL & DOMESTIC: Please contact Compass Auctions & Real Estate, LLC. for information on wire transfers. The information will be in emails sent to online winning bidders. There is a $18.00 basic wire transfer fee for domestic wires and a $36.00 for international wires. This amount must be included with the bank wire transfer otherwise the credit card on file will be charged the appropriate amount. Auction company reserves the right to hold items until final payment has been processed in its entirety. CURRENCY TYPE: USD SHIPPING/PICKUP | REMOVAL INSTRUCTIONS: Buyers are responsible for all shipping arrangements, valid sales tax requirements, exporting requirements/fees. Removal from auction location on day of auction, or within 7 business days, UNLESS otherwise stated in the information listed at the beginning of the Terms and Conditions section or a previous agreement has been reached with the auction company. Partial payment, partial removal of items is not accepted. ALL ITEMS MUST BE PAID IN FULL PRIOR TO REMOVAL OF ANY ITEMS. Storage fees may apply after 14 days. Buyers causing damage, harm, creating environmental issues, dumping, destroying or abandoning, refusal or any other act to cause monetary expense to be incurred to a consignor's/seller's property or auction site location or property of any type will be held liable for ANY AND ALL damages, cleanup, or repair and may be prosecuted to the fullest extent of the law. Compass Auctions & Real Estate, LLC., nor any consignor/seller, will be responsible for packaging, shipment or transport of any kind. All items become the property of the buyer at time sold and buyer will take full responsibility of items. Compass Auctions & Real Estate, LLC. nor consignor/seller, is responsible for damages incurred due to loading and unloading, or during shipment of items, ALL ITEMS ARE SOLD "AS IS, WHERE IS." Compass Auctions & Real Estate, LLC. nor consignor/seller will in any way, be responsible for any damages or injuries while providing a lift, any tools, equipment and/or loading services, the lift and loading is provided as a service to the buyers where available and buyer will release and hold harmless any injuries or damages to property or person that may occur due to the use of the lift or any tool, equipment or loading service. Removal is fully at the buyer's expense and responsibility. Buyer/Rigger is responsible for all waste/oil/substance in the removal of assets, along with all spills that may occur during the removal process. Buyer assumes all responsibility for removal and may be required to present a copy of proof of insurance naming auction company and seller as additional insured. Also, certain item site locations may require a safety removal plan to be presented and approved to remove certain items. Some sites may require buyer to wear approved safety attire. Compass Auctions & Real Estate, LLC. makes every effort to provide any additional requirements that must be met for removal of items, however, unforeseen logistics, communication and/or circumstances occur, and buyer assumes all responsibility for removal. Compass Auctions & Real Estate, LLC. nor consignor/seller will in no way be liable for any damage in loading, shipping or removal of items. In the event that Bidder does not make the necessary arrangements and/or pay for shipping, or have items removed in the allotted time disclosed, Bidder shall have no claim against Compass Auctions & Real Estate, LLC. nor consignor/seller, and buyer will forfeit the merchandise with no refunds or recourse. PACKAGING, SHIPPING, TRANSPORTATION, LOGISTICS AND/OR RIGGING AND REMOVAL ARE THE RESPONSIBILITY OF BUYER. Compass Auctions & Real Estate, LLC. can provide basic pallet wrapping for a charge of $75.00 per pallet. Compass will not assume any responsibility for damage from packaging or transport or for any reason. Compass Auctions & Real Estate, LLC. provides this as a service only to assist buyers. BUYER WILL ALWAYS BE FULLY RESPONSIBLE FOR ALL PACKAGING, SHIPPING, RIGGING & REMOVAL OF ITEMS. CHECKOUT DATE & TIMES: Please see information listed above the terms and conditions section. If special arrangements are needed, please contact the auction company. 800-729-6466 or info@soldoncompass.com SPECIAL TERMS & CONDITIONS: -This property is being sold - "AS IS", "WHERE IS", NO REFUNDS or EXCHANGES. NO CREDIT CARD CHARGE BACKS. ALL SALES ARE FINAL. THERE ARE NO GUARANTEES OR WARRANTIES EXPRESSED OR IMPLIED. Statements, conditions, descriptions, accurate weights or measures on or about items in the auction are provided in good faith and are only matters of opinion. The Auctioneer, auction company and Consignor/Seller disclaim all warranties, expressed or implied, about the merchantability of the items and their fitness for a particular purpose. Items offered may or may not be sold as described and/or photographed in item description catalog. ALL SALES ARE MADE "AS IS, WHERE IS" AND BUYER ACKNOWLEDGES HAVING INSPECTED THE PROPERTY WHETHER IN PERSON OR ONLINE AND TO BE SATISFIED WITH SAME PRIOR TO BIDDING. BUYER IS SOLELY RELYING UPON THEIR OWN EXPERTISE IN CHOOSING TO MAKE ANY PURCHASE. Compass Auctions & Real Estate, LLC. and Consignor/Seller assume no liability for any environmental issues in the assets being sold. Compass Auctions & Real Estate, LLC. and Consignor/Seller makes no warranties or guarantees of any sort regarding any environmental issues and assume no liability of any sort if any ever do exist. All counts and weights of items are approximate. All information provided by the Consignor/Seller is believed to be correct, but not guaranteed by Compass Auctions & Real Estate LLC. All announcements made by Auctioneer at/or during the auction will take precedence over previous printed materials, website, or any other statements or descriptions made. A Buyer`s Premium indicated in details section above will be added to all purchases; a 3% administrative fee will apply to ALL credit card purchases. If you do not currently have the funds to pay for your purchases DO NOT BID. Buyer/Rigger waives any and all claims it may have for any damages, including actual and punitive, whether caused by negligence, willful misconduct or otherwise, and assumes all risk related to the removal of any and all item purchases. SALES TAX WILL BE CHARGED on all purchases unless otherwise stated in the above section. Additionally, each buyer shall be responsible for payment of any city, county and/or state sales tax that may apply. By registering to bid, buyer is entering into a legally binding contract and agrees to be bound by and adheres to all terms and conditions of this auction. Term and Conditions for firearms Bidding and Purchase of firearms: All ATF and FFL laws and regulations apply. Onsite Pickup: Winning bidders of all firearms and frames will have to pass a TICS background check before the transaction can be completed. The cost of the transaction, pass or denied, is $10. If the transaction is denied, an appeal from the buyer may be filed with TICS. No straw purchases. Online/Out of State Bidders: Firearms will be shipped to your designated FFL. A copy of your FFL, or the dealer you want to have your firearms shipped to, must be provided prior to shipment of the firearms. Compass Auctions & Real Estate, LLC uses FedEx and UPS for all shipments. ***Guns will be shipped at a flat rate of $35 per gun for long guns, $20 per gun for hand guns. In the event multiple firearms are purchased, items can be packed and consolidated as much as possible to reduce shipping costs. Call for details. Items will be shipped within 14 business days after FFL has been verified and payment received. ***No magazine fed semi-automatic firearm will be shipped to states that prohibit such weapons or high capacity magazines. State high-capacity magazine bans: " California - Law: PC 32310. " Colorado - Law: Sec. 18-12-301 " Connecticut - Law: Bill No. 1160 LCO No. 5428 " Hawaii - Law: Haw. Rev. Stat. § 134-8(c) " Maryland - Law: 4-301 " Massachusetts - Law: Mass. Gen. Laws ch. 140, § 121; Ch. 140, § 131M. " New Jersey - Law: N.J. Rev. Stat § 2C:39-9h. N " New York - Law: NY 265.00 23. No Firearms or Ammo will be shipped outside the 48 contiguous United States. After February 1, 2010, ammunition sold to purchasers in the state of California, can only be shipped to the purchaser's designated FFL. All firearms and ammunition must be shipped to an active FFL. ***YOU ARE RESPONSIBLE TO KNOW THE LAWS OF YOUR STATE, NO REFUNDS*** Feel free to contact Compass Auctions & Real Estate, LLC. at info@soldoncompass.com or 800-729-6466 with any questions about the auction or the items in the auction. ON-LINE TERMS: -The Buyer's Premium listed in the Terms Details Section above will apply -A bank wire transfer fee of $18.00 for domestic and $36.00 for international will be added to all bank wired funds. -Compass Auctions & Real Estate, LLC. has strived to accurately prepare and describe all items in this catalog. All sections of the Auction Terms and Conditions apply to ALL bidders including online, onsite, attendees or participants of any kind regardless of the section title. All items are sold "AS IS, WHERE IS". It is solely the bidder's responsibility to determine the exact condition and approximate count of each item that he/she bids on, all counts are approximate. -It is the responsibility of the Bidder to attend the auction preview or schedule an independent preview to satisfy themselves as to the age, condition, value, count, or any other determining factors of the items. Compass Auctions has attempted to provide the correct item description and/or pictures however, any errors or omissions in any provided format, description, or picture, does not affect/or void the sale in anyway, all items are sold "AS IS, WHERE IS" and ALL SALES ARE FINAL. Compass Auctions & Real Estate, LLC. will NOT be responsible for any errors and/or omissions in the description, and/or pictures of the items. Bidder agrees that under no circumstances whatsoever will Compass Auctions or consignors/sellers ever be liable to any bidder for an amount greater than the purchase price of the item they purchased and only when in agreement that statement materially and intentionally was incorrect. Statements, conditions or descriptions on or about items in the auction are provided in good faith and are only matters of opinion and approximation. Any dismantling of items is prohibited on the auction site or any consignor/seller property. Under NO circumstances shall the Bidder have any claim against Compass Auctions & Real Estate, LLC. or consignor/seller in the event of any technical issues. Bidder is bidding on item information only. Pictures of items are provided as a reference only and may not always display accurately with correct lot or context. If buyer has a question regarding lot information or images, contact our office PRIOR to bidding. If images display obvious information for lot with limited item text description and/or do not match lot described, buyer is using their expertise, knowledge and judgment to purchase the lot based on what the images reveal and the lot information provided. Even though an item may display as "sold" on the internet, no sales are final until they are certified by Compass Auctions & Real Estate, LLC. and Bidder receives an invoice and provides good payment. This auction company has requested and been granted access to see all bids placed including any maximum pre-bids. This auction company is permitted to engage in this activity by providing this clear disclosure to you, the bidder. The bids are advanced at pre-set increments available on the bidding web page. From time to time Compass Auctions & Real Estate, LLC. may accept items with undisclosed reserve prices. The consignor/seller and Compass Auctions & Real Estate, LLC. reserve the right to bid on behalf of the consignor/seller on items on which there may be a reserve. Compass Auctions & Real Estate, LLC. may reject or cancel any bid for any reason. The record of the auction made by Compass Auctions & Real Estate, LLC. shall be conclusive. This is a Public Auction and as such, all qualified bidders may bid including Compass Auctions & Real Estate, LLC. owners, family members and employees and any consignor company, group members or employees. -Compass will not be responsible for any missed bids from any source. -By bidding on any item in the auction the registered bidder has accepted the terms and conditions of the auction and acknowledges that this is a legally binding contract. -If you win an item in the auction you will be notified by email within 24 hours. All items will be charged to the credit card on file within 2 business days after billing unless other arrangements are made PRIOR to the auction start time. The initial invoice you receive after the auction close will be used for billing, any additional fees or charges may be sent in a separate invoice and charged to the credit card on file. -All accounts will be settled at the conclusion of the auction or within 72 hours with prior approval. We accept Cash, Cashier's Checks, Visa, MasterCard, American Express and Bank Wire Transfers (within 2 business days of auction close ) as determined by the auction payment terms listed in the Terms Detail Section above. Checks must be Pre-Approved by Compass Auctions & Real Estate. - Compass Auctions & Real Estate, LLC. reserves the right to withdraw or re-catalog items in the auction as needed. All announcements made day of auction or posted as an update in the terms & conditions will take precedence over any and all written, verbal or electronic statements, Auction Company reserves the right to update terms and conditions at any time without notice. Registration: -Online bidding will be conducted with an online bidding platform-Internet Bidders are required to register with the online bidding platform and receive an Auction Registration Bidder Number. Compass Auctions & Real Estate, LLC. is providing Internet Auction bidding as a service. Compass Auctions will not be held responsible for any issues with technology, Auction or Live Bidding over the internet. - Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24 hours prior to the beginning of the auction. -By registering to bid and/or bidding on any item in the auction the registered bidder has accepted the terms and conditions of the auction and agrees to adhere to and be bound by all sections of the auction terms and conditions. This is a legally binding contract whether attending onsite or by clicking to agree to the terms and conditions online, or by any other digital method whether by fax or email the buyer is bound by the terms and conditions set forth in this contract. Compass Auctions & Real Estate, LLC. reserves the right to refuse service or decline registration to any person/persons. -A winning bid is a legal binding contract to buy and provide good funds. Title to the merchandise transfers to Bidder, only when Bidder`s payment is honored. No items will be removed without final payment received. Auction Company reserves the right to hold items until payment can be finalized in its entirety. Packaging & Shipping: -The Buyer is ultimately responsible for all removal, packaging, shipping and insurance costs. Compass Auctions and consignors/sellers will in no way be liable for any damage in loading or shipping. In the event that Bidder does not make arrangements and/or pay for shipping, or have items removed in the allotted time disclosed, Bidder shall have no claim against Compass Auctions or consignors/sellers and will forfeit the merchandise with no refunds or recourse. Also, packaging and shipping information listed in all sections of the auction terms and conditions apply. If you plan to register a titled vehicle in an area that requires an emission or other test, emissions or other tests are not guaranteed and it is sold "AS-IS, WHERE IS" unless stated otherwise in the item description. All titled vehicles are sold "AS-IS, TOW AWAY" in regards to emissions tests. Emission tests are not provided unless it is stated in the item description. If an emission test is provided, it is only valid in the area for which it was issued. It is the buyer`s sole responsibility to determine if a titled vehicle is legal and able to be registered where buyer lives. *Titles for vehicles will be mailed within 21 business days for all vehicles. Additional Terms: EXPORT. Buyer agrees to comply with applicable export control laws and regulations of the United States (including, without limitation, 15 C.F.R. Parts 730, 736, 738, 744, or 774, and 10 C.F.R. Parts 810.7 and 810.8). Buyer agrees not to export, directly or indirectly, any property or items purchased hereunder to:A. Cuba, Iran, North Korea, Sudan, or Syria;B. any person or entity listed on any United States government denial list, including but not limited to, the United States Department of Commerce Denied Persons, Entities, and Unverified Lists; The United States Department of Treasury Specially Designated Nationals List; and the United States Department of State Debarred List; and C. any entity Buyer knows, or should know, will export the items or property purchased hereunder in violation of applicable export control laws and regulations of the United States. Domestic customers: All property is sold F. O. B. Origin/Collect (unless otherwise noted); which for the purposes of this agreement are defined as follows: customer is responsible for all transport arrangements and payment, transference of ownership is established to the buyer at the point of origin when loaded upon the buyers appointed conveyance. Export shipments: Non-domestic customers- All property is sold Incoterms Ex-Works-Origin. Buyer shall arrange and bear all customs taxes and charges and arrange for the loading of the purchased goods. Buyer agrees to comply with all applicable United States export laws and regulations. Compass Auctions is not the originator nor responsible for any fees or taxes. INJURY AND DAMAGE: Bidder acknowledges responsibility for any personal injury or property damage caused by themselves or his or her agent, and further agrees to hold the auctioneers Compass Auctions & Real Estate, LLC. and consignors/sellers harmless from any personal injury to himself or his agents and any property damage incurred on auction/consignor premises, and releases Compass Auctions & Real Estate, LLC. and clients from any liability due to any damage or injury. AGENTS ONLY: The auctioneers at Compass Auctions & Real Estate, LLC. are acting as the sellers agents. DISPUTES: Auctioneer shall designate the winning bidder after each item is auctioned. If a dispute arises between two or more bidders, the Auctioneers reserve the right to reopen the bidding. The auctioneer's designation of a buyer shall be final. Any and all disputes that require litigation shall be administered and shall be enforced and brought in The State of Tennessee, Hamilton County, and governed by the laws of the State of Tennessee. Compass Auctions & Real Estate, LLC. reserves the right to select the venue for the litigation proceedings whether by arbitration or litigation. Compass Auctions reserves the right to receive compensation of any and all legal fees, collection fees and any other charges incurred by Compass Auctions & Real Estate, LLC. as a result of any legal action. BY REGISTERING, BIDDING, AND/OR ATTENDING THIS AUCTION YOU AGREE TO ALL TERMS & CONDITIONS LISTED AS ACKNOWLEDGED AND SET FORTH BY COMPASS AUCTIONS & REAL ESTATE FOR FURTHER INFORMATON PLEASE CONTACT COMPASS AUCTIONS & REAL ESTATE 800-729-6466 OR info@soldoncompass.com --------------------------------------------------------------------------------------- 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. REGISTRATION OBLIGATIONS 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 AUCTIONS 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 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. BIDDING 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. PRIVACY We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. COPYRIGHT 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. INDEMNITY 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. LEGAL COMPLIANCE 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. GENERAL INFORMATION 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.