MEMORY FOAM MATTRESS TOPPER - 2" GEL PAD, SOFT COOLING, NON-SLIP, REMOVABLE COVER, SIZE: TWIN

Terms of Sale - Auction Terms and Conditions for all Online Auctions. Internet Premium: 20.00% South Carolina Sales Tax : 6% or Applicable sales taxes apply to your invoice. Credit Card Processing Fee: Fee For Processing Transaction and is based upon the final invoice total – This fee is calculated and processed by Proxibid ATG payment system on your invoice. Shipping Saint will be a separate invoice from them (if applicable or used) for shipping transactions thru them. Participation Requirements: Valid Credit Card required for bidding approval Payment Options: Visa, MasterCard, Discover, and American Express Payment Instructions: Credit Cards on file with Proxibid will be charged immediately after the auction's completion thru the Proxibid ATG payment processing system and, if necessary, other times after the auction for reasons deemed necessary for payment in Full for all auction services and fees on auction invoice. Declined Cards will be subject to a Late Payment $25.00 transaction fee, and the potential inability to bid on future auctions. Seller: Carolina Estate Sales & Auction Services, LLC Company Website: CarolinaAuctioneers.com Online Auction Website: Proxibid.com Contact Email: Office@CarolinaAuctioneers.com (All Communications for this Auction MUST BE via our Email Address Office@CarolinaAuctioneers.com For Documentation Purposes) Contact Phone: Office Hours Mon-Fri 10am-5pm (864) 609-4343 (Please Call Proxibid for account registration and info / login and password help / bidding and auction support / tech support help: (877) 505-7770) *** We are a liquidation company and do not represent any retailer. All merchandise is sold as-is without any assurances or guarantees. *** Please be advised that photos may be stock images, examples of merchandise, or actual merchandise. Preview before bidding if this isn’t clear. Additionally, stated retail values are estimates only and not verified by Carolina Estate Sales & Auction Services, LLC. Disputes regarding retail values and images will not be accepted. We may use or use pre-scanned descriptions from product label, however, Title & Descriptions May or May not Contain Errors - Preview Before Bidding! All descriptions believed accurate but not warranted. By placing a bid, bidder signifies that they have examined the items to their satisfaction, or that they have chosen not to personally examine them. Buyers shall rely entirely upon their own inspection and information when placing bids. Any discrepancies must be reported at the seller's physical location at the time of removal - no exceptions. All lots in this auction are open box customer returns and/or overstock liquidation merchandise – items are not tested or verified. All items are sold in AS-IS/WHERE-AS Condition. ALL SALES ARE FINAL – NO REFUNDS OR EXCHANGES: The approved bidder of this auction understands and agrees to all the auction terms and conditions of this online auction. Definition(s): Open box customer returns and/or liquidation overstock merchandise items and do not guarantee the original packaging or any accessories/parts that come with the device nor do they have manufacturer warranty. Open Box Items are not tested. Additionally, 'returns' refer to products that have been previously purchased and returned for a variety of reasons, including but not limited to, 'no longer needed,' 'defective item,' 'better price available,' 'missing or broken parts,' 'changed mind,' or other reasons. Auction item(s) colors and sizes may vary from listed description. Online Auction Registration: By registering for this auction, you acknowledge and agree to receive communications, including but not limited to emails and text messages, to the email address and phone number on file associated with your Proxibid account. Lot Description(s): Carolina Estate Sales and Auction Services, LLC does its best to describe items accurately, but we rely on manufacturer descriptions and cannot guarantee 100% accuracy. We recommend that you personally inspect all items before bidding with a preview. Returns will not be accepted. No Refunds or Exchanges. This also applies for out of state bidders, you assume all risk and liability for bidding on your auction lot(s) by not previewing. Stock images (First Photo) are representative of the types of products in each lot (actual Item May Vary to represent closest to the stock photo – but not guaranteed for accuracy). Estimated retail values are not guaranteed. We use pre-scanned descriptions from product label, however, Title & Descriptions May or May not Contain Errors - Preview Before Bidding! (Not the Stock Photo or other photos). There are no bid cancellations. Auction items are not inspected and not tested unless stated in the lot description. We do offer a preview of lots - please see preview section of the auction for details. Shortage or Damage Claims - No shortage or damage claims will be allowed after the items have been removed from the premises. We shall not be liable for non-delivery to any User of all or any portion of a lot/item, other than for the return to the User of the corresponding portion of the sum paid on said lot/item. Forfeited Lot(s): When a lot is forfeited, by virtue of not showing up on pickup days and/or after extended hold over storage services have expired as well declined credit card payment for the auction invoice and/or to include shipping and handling charges not paid for. You are not entitled to any credit nor possession of your forfeited lot(s). The forfeited lot(s) will be reauctioned or disposed of at our discretion and monies paid by you for the auction invoice will be 100% applied as storage fee for forfeiting or non-payment of any portion of the invoice also to include shipping.. Claiming is defined as showing up on pickup days or other dates explicitly agreed upon by both parties to pick up winning lots. Claiming also includes automatic shipping of the auction lot(s) to the bidder and after the extended holdover storage service has ended or when bidder request via this email only (office@carolinaauctioneers.com) to ship instead of local pick up. Preview: It is important to note that Carolina Estate Sales & Auction Services, LLC is not responsible for any preview or removal arrangements. Please make all necessary arrangements prior to the end of the auction. Denial of Auction: Auction Company / Auctioneer reserves the right to refuse to register or admit any potential Buyer/Bidder at his sole discretion at any time and without notice. Reinstatement Fee - If a User account is suspended for any reason, the User may be assessed an additional Reinstatement Fee up to one hundred ($100.00) dollars. At Carolina Estate Sales and Auction Services, LLC. At our discretion a user account may be permanently suspended for repeat violations of the Terms and Conditions. Local Pickup Buyers Responsibility: All buyers are responsible for picking up their purchases and to bring their own help for the removal of furniture or large heavy items. Also, buyers are to bring their own tools, packing supplies for removal of fragile items and/or group lots. Furthermore, Carolina Estate Sales & Auction Services, LLC is not responsible for any damage to any merchandise purchased should the buyer receive any assistance from any person affiliated with Carolina Estate Sales & Auction Services, LLC to remove, load or assist caring out any merchandise for the buyer whether buyer has requested assistance or not. Buyer agrees to assume all responsibility. Absentee Bids: While Carolina Estate Sales & Auction Services, LLC will make every effort to assist bidders, we do not accept absentee bids. Please utilize the maximum bid feature. Bid Rescission and Rejection: Carolina Estate Sales & Auction Services, LLC reserves the right to rescind or reject all bids. Bid Retraction: Retractions will not be accepted once the bid has been placed by bidder. Credit Card Processing Fee: Your credit card used upon registration will be automatically charged following the auction for your total bid price plus buyer's premium and any applicable taxes and credit card processing fee. Buyers credit card will be charged automatically/additionally for extended holdover storage services and for any lot(s) that are deemed to be shipped by the bidder or automatically when the extended holdover storage service time has expired. Credit Cards: Credit cards on file with Proxibid will be charged immediately after the auction completion and if necessary, other times after the auction for reasons deemed necessary for payment in Full to include Hammer Price, Buyers Premium, Credit Card Processing Fee, Extended Holdover Storage Services, shipping and additional fees (if applicable). Declined Cards will be subject to a Late Payment $25.00 transaction fee, and the potential inability to bid on future auctions. A credit card processing fee will be charged to the credit card on file. Buyers waive any and all rights to initiate a credit card charge back against the transaction and/or the seller. Sales Tax: All sales are subject to appropriate state sales tax laws. Winning bidders have the burden of proving their exemption from sales taxes to Carolina Estate Sales & Auction Services, LLC. by providing a valid South Carolina sales tax certificate number on their Proxibid account. We do not accept any other method. If we do not see a valid South Carolina sales tax number on your Proxibid account, you will be charged sales tax on your invoice. Asset Transfer and Risk of Loss Post Auction: Assets will not be released to buyers until full payment to Carolina Estate Sales & Auction Services, LLC has been received and funds confirmed. An auction asset becomes the full responsibility of the buyer at the close of bidding on that asset, and the buyer immediately assumes all risk of loss and damage to the asset. Auctioneers Discretion: Carolina Estate Sales & Auction Services, LLC has full discretion to modify the date and time, order, and details of the sale of any asset or conduct of any auction for any reason or no reason at all, including but not limited to technical issues, emergencies, and convenience of Carolina Estate Sales & Auction Services, LLC or the seller. Internet Bidding: Carolina Estate Sales & Auction Services, LLC is providing Internet auction bidding as a service to Bidder provided by Proxibid.com. The bidder acknowledges and understands that this service may or may not function correctly on the day of the auction. Under no circumstances shall Bidder have any kind of claim against Carolina Estate Sales & Auction Services, LLC, or anyone else if the Internet service fails to work correctly before or during the timed auction. Carolina Estate Sales & Auction Services, LLC will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24 hours before the auction ends. Carolina Estate Sales & Auction Services, LLC reserves the right to withdraw or re-catalog items in this auction. Non-Paid Auction Purchases: In the event payment for purchases are not collectible a non-paid customer report will be filed with Proxibid the following day of the auction close scheduled pick up date and time. After several attempts to request payment by the Auction House and Proxibid to settle the account and no payment is made customer will be BLACK FLAGGED by Proxibid and you will be denied access to bid on any Proxibid Auction until settlement is made to the auction house and reported to Proxibid. Carolina Estate Sales & Auction Services, LLC reserves the right to use outside collection agency(s) for debt settlement. In addition to settlement with the auction house for purchases made an additional minimum reinstatement fee of $100 will be charged by the Auction House as an administrative processing and collection fee. Carolina Estate Sales & Auction Services, LLC reserves the right to continue to block you from their auctions only after settlement has been made at their discretion. Shipping: If you are bidding on large items, please be mindful of shipping costs. Shipping costs cannot be calculated until the item(s) go to our shipping department and are processed to ship. The cost is dependent upon the variables of size, weight, and the “ship to” address. Auction Items will be shipped either as an individual item or as combined shipping within the same auction. Please Note Example: If you paid $5 for an item, it doesn’t mean that shipping will be equivalent to the amount paid for item. Fragile items, large, heavy items, large lots of small items, and large orders in general can be rather expensive to ship and will have higher handling fees based on materials and labor. Please consider this when bidding if you need shipping!! Local Pickup Available on all Lots and Shipping Available on Select Lots, Shipping availability Stated in Each Lot Description *** If you are not a local buyer, items will be shipped if only stated in the lot description that shipping is available. Item(s) will be shipped with our in-house shipping service or Shipping Saint. If you or someone else is picking items up on your behalf, they must comply with the stated pick-up times. Please Make sure your Proxibid account shipping to address is up to date. We ship only to the shipping address on your Proxibid account or (if applicable) the address that you provided to us thru the Shipping Saint invoice– no exceptions. If your auction lot(s) are not picked up locally after the 7 days Hold Over Storage Service has expired, you the bidder agree that your items will be packed and shipped automatically by our in-house auction house shipping services or Shipping Saint – Carolina Estate Sales & Auctions will determine to use our in-house shipping services or Shipping Saint. Shipping costs are the sole responsibility of the buyer and are charged separately from the auctioned merchandise to your credit card on file with Proxibid or by Shipping Saint. In house shipping Carolina Estate Sales & Auction Services, LLC will prepare/ship all orders thru our shipping carrier or the use of Shipping Saint. A handling fee, materials for packing and shipping cost will be charged. Shipping Carrier will be at the discretion of Carolina Estate Sales and Auction Services, LLC. We do not allow outside shipping labels; all shipping labels are generated in house by using our shipping services or Shipping Saint. Damaged packages – you must keep all original boxes and packing material, or your claim will be automatically denied. Carrier denial of claim will be Carolina Estate Sales and Auction Services denial of claim. All Boxes and shipping materials, shipping carrier charges and shipping handling are non-refundable. We do not offer Pallet and/or Freight Shipping Service - We offer only Parcel. Any shipping invoices that have been processed thru Shipping Saint any and all claims must go thru them, not Carolina Estate Sales & Auction Services, LLC. NON-PAYMENT of shipping charges - If your credit card on file with Proxibid or Shipping Saint is declined for shipping charges and we do not receive payment within the email notification “Declined card for Shipping” with the time frame stated within that email that your shipping will need to be paid by. Lot(s) will be forfeited without refund monies paid will be surrendered as a storage fee. We are not a storage facility. Shipping Damaged Packages: A shipping damage claim must be made to us, via an email to office@carolinaauctioneers.com, within 3 days of the package being delivered to the shipping address on file with Proxibid except if you have made payment thru Shipping Saint, then you must file any and all claims with them. If you receive a damaged package, before sending it back to us, you must email us at office@carolinaauctioneers.com to obtain a return authorization number. Bidder must send the damaged item(s) back to us at their expense. Before we place a claim with the carrier, we must review the damaged item(s). If you send the package back to us without obtaining a claim authorization number from us, the claim will be denied automatically. What the carrier's decision is will be what our decision is for the outcome of the claim. Shipping Estimated Time Frame: ALLOW 15/20 BUSINESS DAYS FOR SHIPMENT AFTER AUCTION PAYMENT AND ALL SHIPPING FEES HAVE BEEN PAID IN FULL. If you DO NOT WANT IT SHIPPED and wish to forfeit your purchase, YOU MUST EMAIL THAT REQUEST to: OFFICE@CAROLINAAUCTIONEERS.COM within 24 hours after the auction has concluded otherwise you lot(s) will be shipped. IN THE EVENT WE ARE UNABLE TO COLLECT SHIPPING COST THE PACKAGE(S)/AUCTION LOT(S) WILL NOT BE SHIPPED / ALL MONEY PAID FOR AUCTION ITEM/S ARE FORFEITED WITHOUT REFUND, AND ALL FUNDS PAID ARE APPLIED TO STORAGE OF AUCTION ITEM(S) AT $50.00 PER DAY/PER LOT, CONSIGNOR PAYMENTS, PACKING MATERIAL, LABOR & COLLECTION EFFORTS. ALL ITEMS MUST BE REMOVED DURING THE SCHEDULED AUCTION PICKUP DATE AND TIMES. Extended Hold Over Storage Service Fees will Apply automatically and charged to your credit card on file listed on your Proxibid account. if you do not show up for local pickup. All shipping fees are non-refundable to include: Packing Materials & Boxes, Handling, Carrier/Shipping Cost and Storage Fees. WAREHOUSE PICK-UP HOURS: MONDAY 1 TO 5PM EASTERN - OUR WAREHOUSE IS ONLY OPEN THIS DAY & STATED HOURS - NO OTHER TIMES AVAILABLE. Extended Hold Over Storage Service Defined & Pickup Days /Hours: Maximum Hold Over will be up to 7 Days After the auction has Concluded – The 7-day time frame start, and end time is as stated: The time frame will start at the end of the auction pickup time (eastern time) at the end of the auction pickup day for the auction and will expire 5pm (Warehouse Pickup Hours: Monday 1pm-5pm) the 7th day from the auction end pickup time. If you fail to pick up your auction lots on the auction pickup day and time. Extended Hold Over Storage Service Automatically Begins at the end of the stated pickup date and time of the auction. Your credit card on file with Proxibid will be charged automatically for the lots on your invoice for the Extended Holdover Storage Service. Example: Auction pickup end time Monday at 5pm and will end the following Monday at 5pm (7 days) No Exceptions and no extended hold over days allowed after the 7th extended pickup day. Your auctions item(s) will then automatically ship. Any extended holdover storage service fees charged will be applied to the storage of auction item(s). Shipping fees will be charged separately to your card on file automatically. Extended Hold Over Storage Service Fees: $8 for First Lot and $4.50 for each additional lot. Extended Hold Over Storage Service Pickup Location: 1115 Tanner Road, Taylors, SC 29687. Debt Collection and Collection Charges: The buyer agrees to pay all reasonable attorney fees and other costs incurred by Carolina Estate Sales & Auction Services, LLC in its efforts to collect unpaid funds due from the buyer under this agreement, regardless of whether or not a civil suit is actually commenced. The buyer agrees that a fee of 2% of the outstanding balance per month be added to any unpaid balance due Carolina Estate Sales & Auction Services, LLC. The buyer also authorizes Carolina Estate Sales & Auction Services, LLC to debit their credit card placed on file by buyer with Carolina Estate Sales & Auction Services, LLC for any past due amounts owing by buyer under this agreement. The buyer expressly stipulates that this agreement shall be exclusively governed by and construed in accordance with the laws of the State of South Carolina of the United States of America to the exclusion of any other law or conflicts of law principal that might otherwise apply to the law of any other jurisdiction. Exclusive jurisdiction and venue for any dispute, controversy or claim arising out of or in connection with this agreement shall only be placed in the Federal or State Court with competent jurisdiction located in Greenville County, South Carolina. In this regard, the parties’ consent to the exercise of personal jurisdiction by said courts in any such action. Full Release: In the event that You have a dispute with a Seller or other user(s), You release Carolina Estate Sales & Auctions Services, LLC (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Indemnification / Hold Harmless: You agree to defend, indemnify and hold harmless Carolina Estate Sales & Auction Services, LLC, its officers, directors, agents, subsidiaries and employees from claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, to the extent arising out of or in any way connected with any breach or violation by You of these Terms, any use by You of the Website or any disputes or damages arising out of Your use of or contracts formed with You through this Website. Hold Harmless (including attorney’s fees and expenses) suffered or incurred directly or indirectly arising from or related to your use of the Site in violation of these Terms and Conditions, your breach of these Terms and Conditions, any accident, injury or death howsoever arising, sustained by any person or persons who access any Carolina Estate Sale and Auction Services, LLC premises for the purpose of an auction, inspection, purchase, collection, removal, pick-up or any other related activity, and any claim related to or arising out of the use of any product sold or purchased, including but not limited to actions or claims for personal injury, death, disability, disfigurement, economic or other loss or damages. Waiver and Severability of Terms: The failure of Carolina Estate Sales & Auction Services, LLC to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 Terms remain in full force and effect. Waiver of Rights to Trial by Jury: YOU HEREBY EXPRESSLY WAIVES ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION CONCERNING THESE TERMS AND CONDITIONS OR RELATING TO OR ARISING FROM YOUR USE OF THE SITE OR SERVICES WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE. YOU HEREBY AGREE AND CONSENT THAT ANY SUCH CLAIM, DEMAND, ACTION OR CAUSE OF ACTION SHALL BE DECIDED BY ANY COURT AT A TRIAL WITHOUT A JURY, AND THAT CAROLINA ESTATE SALES & AUCTION SERVICES, LLC. MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS SECTION WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF YOU TO THE WAIVER OF ITS RIGHT TO TRIAL BY JURY. Arbitration Clause: All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of South Carolina. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in the auction industry and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. Disclaimer of Warranties and Limitation of Liability: CAROLINA ESTATE SALES & AUCTION SERVICES, LLC SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, AUCTION PRODUCTS (INCLUDING AMAZON & OTHER COMPANY RETURNS/LIQUIDATION PRODUCT) AND OTHER AUCTION ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU FOR AUCTION THROUGH THE PROXIBID.COM WEBSITE ARE ITEMS HOSTED FOR AUCTION ARE PROVIDED BY CAROLINA ESTATE SALES & AUCTION SERVICES, LLC ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CAROLINA ESTATE SALES & AUCTION SERVICES, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF CAROLINA ESTATE SALES & AUCTION SERVICES, LLC SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH CAROLINA ESTATE SALES & AUCTION SERVICES, LLC SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF PROXIBID.COM WEBSITE AND THE CAROLINA ESTATE SALES & AUCTION SERVICES, LLC SERVICES WEBSITE/SOCIAL MEDIA PLATFORMS IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, CAROLINA ESTATE SALES & AUCTION SERVICES, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CAROLINA ESTATE SALES & AUCTION SERVICES, LLC DOES NOT WARRANT THAT THE CAROLINA ESTATE SALES & AUCTION SERVICES, LLC SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH CAROLINA ESTATE SALES & AUCTION SERVICES, LLC SERVICES, CAROLINA ESTATE SALES & AUCTION SERVICES, LLC 'S ONLINE AUCTION HOSTED PLATFORMS INCLUDING CAROLINAAUCTIONEERS.COM, CAROLINAESTATESALE.COM, HIBID.COM, PROXIBID.COM AND ANY/ALL SOCIAL MEDIA PLATFORMS SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM CAROLINA ESTATE SALES & AUCTION SERVICES, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, CAROLINA ESTATE SALES & AUCTION SERVICES, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY CAROLINA ESTATE SALES & AUCTION SERVICES, LLC SERVICE, WEBSITE OR 3RD PARTY AUCTION PLATFORM OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY CAROLINA ESTATE SALES & AUCTION SERVICES, LLC SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. IN NO EVENT SHALL CAROLINA ESTATE SALES & AUCTIONS SERVICES, LLC NOR SELLERS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM (A) ANY INJURY TO ANY PERSON OR PROPERTY CAUSED BY THE EQUIPMENT OR (B) DEFECTS IN SUCH EQUIPMENT ON ANY THEORY OF LIABILITY INCLUDING WITHOUT LIMITATION PRODUCT LIABILITY EXCEPT ONLY IN THE CASE OF PERSONAL INJURY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. IN ADDITION, IN NO EVENT SHALL CAROLINA ESTATE SALES & AUCTIONS SERVICES, LLC OR SELLER BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICE, THE SITE OR ITS CONTENT INCLUDING WITHOUT LIMITATION THE INSPECTION REPORT AND MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF CAROLINA ESTATE SALES & AUCTIONS SERVICES, LLC OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL ORCONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF CAROLINA ESTATE SALES & AUCTIONS SERVICES, LLC TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE WEBSITE AND THE SERVICE EXCEED, IN THE AGGREGATE, $100.00. THE FOREGOING LIMITATION SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. Statute of Limitations: 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 Services or the Terms must be filed within (30) days after such claim or cause of action arose or be forever barred. Choice of Law and Venue - Waiver: In any matters in which Carolina Estate Sales & Auction Services, LLC and/or any of its employees, officers, directors, shareholders, agents or assigns is made a party, the laws of the State of South Carolina shall apply, without regard to its law pertaining to conflict of laws, and any dispute shall be decided in the courts of Greenville County, South Carolina. All claimants consent to the personal jurisdiction of those courts. The auctioneer may waive any provision of these Terms and Conditions, but only in writing. No such waiver shall affect any other provisions of these Terms and Conditions, nor shall it amount to a permanent waiver of that particular provision. Auction Terms Amendments: These Terms and Conditions may be amended at any time by Carolina Estate Sales & Auction Services, LLC in its sole discretion. Use of the services and the Site constitutes acceptance of these Terms and Conditions, including any amendments. Should any single provision of these Terms and Conditions be or become fully or partially invalid, illegal or unenforceable, the remainder of these Terms and Conditions shall continue in full force and effect. Communication Between Bidder (Buyer) and Auction House (Seller): ***ALL CORRESPONDENCE RELATING TO ANY DISPUTE/SHIPPING ISSUES MUST BE IN WRITING VIA EMAIL TO THIS EMAIL ADDRESS ONLY: OFFICE@CAROLINAAUCTIONEERS.COM (PLEASE DO NOT LEAVE A VOICEMAIL OR TEXT – IT MUST BE IN EMAIL FORMAT ONLY FOR TRACKING AND DOCUMENTATION PURPOSES) ***