Auction Terms & Conditions
READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THE SITE OR BY PARTICIPATING IN THE ONLINE AUCTION, YOU AGREE TO THESE TERMS AND CONDITIONS AND MAKE REPRESENTATIONS AS SET OUT HEREIN. THESE TERMS AND CONDITIONS ARE LEGALLY BINDING AND IF YOU VIOLATE ANY OF THEM, C.M. COMPANY AUCTIONS, AND ITS EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY, "AUCTIONEER") OR THE OWNER/SELLER MAY SEEK LEGAL RELIEF, INCLUDING BUT NOT LIMITED TO, REPORTING YOUR CONDUCT TO APPROPRIATE LAW ENFORCEMENT ENTITIES. PLEASE NOTE THAT THESE TERMS INCLUDE AN AGREEMENT BY WHICH YOU INDEMNIFY OWNER/SELLER AND AUCTIONEER.
1. Access and use of any online auction site of C.M. Company Auctions (collectively the "Site") are subject to all of the terms and conditions set forth on any individual page within the Site and the terms and conditions of this User Agreement (collectively "Site User Agreement") and all applicable laws and regulations, including but not limited to, copyright and trademark laws. Auctioneer reserves the right periodically and at its sole and absolute discretion to change the terms and conditions of the Site User Agreement and it is the Bidder's responsibility to review the Site User Agreement terms and conditions prior to each use of this Site.
2. By entering a Site, the Bidder agrees to abide by all of the specific terms and conditions posted for any particular auction. Auctioneer reserves the right to require valid identification and/or verification of any information submitted to the Site at any time, whether so stated or not. Auctioneer reserves the right, at its sole discretion, to ban any bidder or potential bidder from the Site for any reason Auctioneer deems necessary. Auctioneer reserves the right to disable Bidder's account at any time for any reason, whether specifically stated or not.
3. All registration information Bidder provides to Auctioneer shall be current, complete and accurate. Bidders must be 18 year of age or older. Once registered, Bidder will not be able to change the name in which Bidder is registered. Changes to other registration information shall not be effective until accepted by Auctioneer. Auctioneer may require verification of the changed information. Auctioneer reserves the right to reject any registered Bidder at any time or for any reason. Providing false information when registering, such as a false name or contact information, will result in Auctioneer suspending Bidder's access to the Site.
4. Placing a bid constitutes a binding offer between the Bidder and Owner/Seller that cannot be rescinded or retracted. If the bid is accepted, Bidder is contractually obligated to buy the merchandise at the price in the bid. Placing a bid on the Site that is accepted and then not paying for the merchandise is illegal in most states and prosecution can result. Failure to honor the auction bid by the stated due date shall result in the forfeiture of Bidder's deposit, the permanent removal of Bidder from the Site and from future auctions, and the reporting of Bidder to law enforcement authorities, at Auctioneer's sole and absolute discretion. UNLESS OTHERWISE STATED FOR A PARTICULAR AUCTION, SELLER/OWNER RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS, IN ITS SOLE AND ABSOLUTE DISCRETION.
5. Each Bidder is responsible for any bids placed under that Bidder's bidding number and password. The security of Bidder's information is the sole responsibility of each Bidder. If at any time there is reason to believe that the Bidder number and password have been compromised, Bidder shall notify Auctioneer immediately.
6. The final highest purchaser shall be designated at the end of each auction sale. If a dispute arises between two or more bidders, Auctioneer reserves the right to reopen bidding. AUCTIONEER'S DESIGNATION OF THE SUCCESSFUL BIDDER SHALL BE FINAL.
7. The successful bidder will be furnished an electronic invoice at the conclusion of the sale and will be furnished an electronic receipt once full payment has been received. Electronic invoices and paid receipts will only be sent to the successful bidder's email address contained in the bidder registration file.
8. Settlement for payment of purchases must be made by cashier's check, credit card, or cash made payable to C.M. Company Auctions unless otherwise noted in a specific auction's terms and conditions. All payments must be in U.S. currency and all negotiable instruments must be drawn on a U.S. bank. All payments totaling over $10,000.00 MUST be paid with a single cashier's check or via wire transfer. (The wire transfer fee will be waived. You will need to contact our office for wire transfer instructions.) All payments must be received within (4) four business days of the close of the auction, unless otherwise noted. No partial payments will be accepted. Auctioneer may send an invoice related to an auction settlement; however, failure by Bidder to receive an invoice will not excuse Bidder's obligation for timely payment set forth herein. Bidder may be permanently banned from the Site if its payment is made past the stated due date, at which time the Bidder's deposit will be forfeited, even if its payment is received and accepted after the stated due date. All sales are subject to appropriate state Sales Tax laws; and all electronic invoices will include the appropriate sales tax, if applicable. Any Bidder wishing to claim resale or exemption must provide the properly executed tax forms within the time of payment as provided above, and the decision to accept the tax form is in the sole discretion of Auctioneer. Under no circumstance will sales tax be adjusted on an electronic receipt once it has been issued. Auctioneer may provide, in its sole discretion, an Assignment of Right to Refund for taxes paid in the State of Texas, if appropriate. Auctioneer will not adjust taxes or provide any tax forms for purchases in states other than Texas. Auctioneer reserves the right in its sole discretion to apply Bidder's deposit toward the payment settlement in the event Bidder has not timely remitted proper payment.
9. The descriptions of item/lots appearing in the auction and in advertising prior to the auction are believed to be correct. Bidder acknowledges that all item/lots were available for inspection prior to the auction. Auctioneer and Owner/Seller strongly encourage Bidder to carefully inspect or call for more information on each item/lot in which Bidder has any interest to determine the item/lot's nature, quality, condition, quantity and size. BY PLACING A BID, BIDDER AFFIRMS THAT IT HAS RELIED SOLELY ON PERSONAL INSPECTION AND NOT ON ANY INFORMATION LISTED ON THE SITE OR OTHERWISE PROVIDED BY AUCTIONEER OR OWNER/SELLER. BIDDER'S FAILURE TO INSPECT, OR OTHERWISE TO BE FULLY INFORMED AS TO THE NATURE, QUALITY, CONDITION, QUANTITY AND SIZE OF ANY ITEM/LOT SHALL NOT CONSTITUTE GROUNDS FOR ANY CLAIM, ADJUSTMENT, REFUND, TERMINATION OF THE CONTRACT OF SALE, OR REFUSAL TO CLOSE OR SETTLE ANY SALE.
10. ITEM/LOTS ARE SOLD AS IS - WHERE IS and WITH ALL FAULTS and there are NO IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY EXCLUDED.
11. Despite efforts to avoid the withdrawal of item/lots from the sale after they are listed, Auctioneer or Owner/Seller reserves the right to do so at any time before or during the sale. The Owner/Seller of merchandise sold through this Site reserves the right to reject any and all bids in its sole discretion.
12. Merchandise becomes the full responsibility of Bidder at time of payment, and Bidder assumes all risk of loss and damage to the merchandise until removed from sale premises. Unless otherwise stated on the Site, merchandise may remain on the sale premises for a limited period of time following the sale. The date by which all merchandise must be removed from the premises is posted on an auction-by-auction basis on the specific auction page. After the final removal date, there will be a $25.00 per day, per item/lot storage fee charged to the Bidder. Unless otherwise stated in a specific auction, ownership of any merchandise not removed within ten (10) days after the final removal date shall revert to the original Owner/Seller, even though the Bidder has made payment for the same, and the Owner/Seller may dispose of or resell the item/lot at its discretion.
13. Any adjustment or refund regarding the sale of merchandise will be between Bidder and Owner/Seller only. Auctioneer settles the sale of an auction item/lot and accepts the payment therefor on behalf of the Owner/Seller as an independent contractor for the benefit of Owner/Seller, but has no authority to make, and will not process or negotiate, any adjustment or refund. Under no circumstances will an adjustment be made regarding merchandise after the item/lot has been removed from the sale premises or, if not sooner removed, after the removal date posted by Auctioneer.
14. Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Owner/Seller and Auctioneer, and their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives, from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys' fees and expenses) related to, arising from or associated with the use of the Site by Bidder, his agents or representatives, personal injuries or property damage incurred on the sale premises or during removal and transport of any auction item/lots, any breach or violation by Bidder of this Site User Agreement or any use by Bidder of the Site or as a result of a dispute with another Bidder.
15. Auctioneer gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions. Auctioneer does not sell or rent this information. Auctioneer and Owner/Seller may require a valid state or federally issued identification at any time whether so stated or not. Auctioneer or Owner/Seller reserves the right to verify any and all information provided on this Site at any time. Any successful Bidder or their representative may be required to give a photocopy of the above referenced identification if requested by either the Auctioneer or the Owner/Seller. Auctioneer is not responsible for the use by Owner/Seller of Bidder's information provided by Auctioneer. Please note that Auctioneer sells primarily for governmental agencies, and is not responsible for any information provided to Owner/Sellers that may be subject to the Public Information Act in Texas or any other states in which we conduct business. In Texas, the Public Information Act, formerly known as the Open Records Act, is located at chapter 552 of the Government Code. The Act provides a mechanism for citizens to inspect or copy government records. It also provides for instances in which governmental bodies wish to, or are required by law to, withhold government records from the public. For more information on the Public Information Act in Texas, please go to www.oag.state.tx.us.
16. Auctioneer uses email mailing lists to notify its customers about online and live auctions. If you are receiving a particular mailing and wish to discontinue receiving future mailings, please hit the unsubscribe link included in the email you receive from Auctioneer. Registered bidders may also update their email preferences by using the For Bidders-Update Your Subscription link on our home page. Subscribers by update their email preferences by using the Subscriptions-Update Your Subscription link on our home page.
18. Auctioneer shall not be responsible for any interruption in service, errors, and/or omissions caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. In the event of any malfunction relating to the Site, Auctioneer, in its sole discretion, may void any sale, temporarily suspend bidding and/or re-sell any item/lot affected by any malfunction. The decision of the Auctioneer shall be final.
19. This Site User Agreement constitutes a binding agreement between Bidder and Auctioneer until terminated by Auctioneer, which Auctioneer may do at any time, without notice, in Auctioneer's sole and absolute discretion. If Bidder's dissatisfaction occurs with the auction sale in any way, Bidder's only recourse is to immediately discontinue use of the auction Site. Auctioneer reserves the right to terminate Bidder's registration and use of the auction Site impose limits on certain features of the auction Site or restrict Bidder's access to, or use of, part or the entire Site without notice or penalty.
20. Bidder agrees that the Maximum Bid feature on the Site will only be used according to the specifications Auctioneer has in place for that feature. Bidder should not use this feature if it does not understand how the Maximum Bid feature works.
21. Bidders shall not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the content contained herein without our prior, express written permission. Bidders shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. Bidders shall not take any action that imposes an unreasonable or disproportionately large load on Auctioneer's infrastructure. Bidders shall not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without prior, express written permission of Auctioneer. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
22. No legal advice is intended or implied by anything contained within the Site. No obligation, liability, responsibility, accountability or burden is undertaken, assumed or otherwise imposed by maintaining the Site.
23. Any controversy or claim arising out of or relating to this Site User Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in McKinney, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Auctioneer may seek any interim or preliminary relief from a court of competent jurisdiction in Texas necessary to protect the rights or property of Auctioneer pending the completion of arbitration. Bidder and Auctioneer are independent contractors, and no agency, partnership, joint venture, employee or franchiser-franchisee relationship is intended or created by this Agreement.
24. The Site User Agreement and any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the State of Texas applicable to contracts entered into and to be performed entirely within the State of Texas. If any provision of this Site User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Auctioneer's failure to act with respect to a breach by you or others does not waive the right to act with respect to subsequent or similar breaches. This Site User Agreement sets forth the entire understanding and agreement between Bidder and Auctioneer with respect to the subject matter hereof.
25. All auctioneers are licensed and regulated by the Texas Department of Licensing and Regulation and are covered by a Recovery Fund administered by the Department. Licensure with the Department does not imply approval or endorsement by the State of Texas. If you have an unresolved complaint it should be directed to: Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, (512) 463-2906.
26. We are not responsable for any theft or damaged of any items.
Bidder's use of this auction site marks Bidder's acceptance in full of these Terms and Conditions.
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.