Auction Terms & Conditions: If you want to bid on this online auction, you will first have to read these Terms and Conditions. By placing a bid, you agree that you have read and understand the Terms and Conditions and understand the terms are binding on both you and on the Auctioneer, and all parties will be expected to abide by the Terms and Conditions if any issues arise in connection with this sale. Firearms: Out of State Purchases: ALL will be shipped to an FFL DEALER ONLY!!! (NO C&R dealers) Including ALL BLACK POWDER!! NO Exceptions!!! NO SALES to CALIFORNIA or HAWAII!!! Ammo: NO SALES to Alaska, California, Hawaii or Massachusetts. It is YOUR responsibility to know YOUR state laws, BEFORE bidding!!! In State Purchases: ALL firearms are subject to TBI background checks, (regardless of age). $10 for every 3 guns. 10.00 each, if gun has no serial number. Gun Parts will be subject to TBI background check. Black powder guns with interchangeable barrels will be subject to TBI background check. Must have a valid Drivers License with a Photo. Must be 18 years old for long guns & 21 years old for handguns. Must be 21 years old for a pistol grip long gun. Please check our website under gun rules for more details. Disclosure on Firearms Sale on website and receipt that firearms have not been tested or inspected for firing. Before firing, it is the BUYERS responsibility to have firearms inspected by a gunsmith. Buyer agrees to hold Junk In My Truck, LLC harmless for any claim, injury or malfunction. Do not bid, IF you think you may get denied, IF you get denied the guns will be resold at YOUR expense! Gun Pickup: Please check our website. Fire Arms are sold "AS IS" ALL items are sold "WHERE IS, AS IS" with no warranties implied. Buyer must provide their own packing material, boxes, bags and help (and tools) to disassemble, carry and load items. Pickup and Removal: ALL items from the auction must be removed from auction location by the end of the designated pick up day and times, NO EXCEPTIONS! Please make sure you can remove items during designated removal day and times. You are responsible for paying for your items regardless if you pick them up or not! Shipping: Some auctions we offer shipping, make sure your items qualify before placing bids. We offer shipping on select items for our auctions at the rate of, $5.00 per box for S/H (packaging & wrapping of items) PLUS THE COST OF SHIPPING ! Please read these Terms and Conditions carefully! They contain important information about the online auction itself and your rights and responsibilities as a bidder. Terms: Payment is due in full at close of auction, and all credit cards will be processed at noon the following business day! NO EXCEPTIONS! Any bidders card registered with, that does not go through at 12 noon and process for any reason then the bidder will be charged a $25.00 re-processing fee! Bidders are responsible for a 15% buyers premium, a 3% credit card surcharge, sales tax if applicable, and any shipping and handling fees associated with the purchase. All items are SOLD "AS IS, WHERE IS and WITH ALL FAULTS". All Sales are Final! NO Refunds, Returns, or Credits! You, the bidder agrees not to stop payment on checks, disallow a bank draft, credit card and or any type payment and will be fully responsible for any expenses due to collection of any type payment. Any type chargebacks, the auctioneer may be able to get a judgement locally that can, potentially, be transferred to the buyers jurisdiction and be entitled to any attorney fees incurred in collecting monies. All parties agree that any litigation will be filed in Jasper, TN. Coins:Tennessee Defines coins and currency, whether issued by the United States government or other country as 'tangible personal property' and it is subject to sales and use tax. Warranty: All items are sold "AS IS, WHERE IS and WITH ALL FAULTS", without any warranties expressed, implied or guarantees of any kind. All Sales are Final, NO Refunds. Returns, Credits, or otherwise! Catalog, web, and ad descriptions are NOT GUARANTEED. The descriptions have been prepared from information that Junk In My Truck, Antiques & Auction House, LLC believes to be reliable as stated and is no no matter responsible for for any adversely printed, or wrong or misleading information, descriptions, or statements!. Junk In My Truck Antiques & Auction House, LLC attempts to ensure 100% accuracy; however, Junk In My Truck Antiques & Auction House, LLC is not liable for any errors, omissions, or inaccuracies in the catalog or other written or verbal descriptions, or documentations. Bidders are responsible to thoroughly inspect items before bidding and to satisfy themselves of such matters as suitability, marketability, completeness, year, make, model, and/or condition. If an inspection or preview is not offered for the current items at auction, then close inspection of pictures, and descriptions will serve as preview of items! You may call with any specific questions on any items offered for auction. IF YOU ARE IN ANY WAY UNSURE AS TO ANY MATTER HEREIN, JUNK IN MY TRUCK Antiques & AUCTION HOUSE, LLC., URGES YOU TO NOT BID ON ANY AUCTION ITEM\ITEMS ! Internet Bidding Junk In My Truck Antiques & Auction House, LLC will be held harmless, if the internet service fails to function properly or correctly on our service or by the bidders service. Including but not limited to power outages, computer or internet complication's, before, during or after the auction, b y either's service of the seller, or bidder. Bidding may extend, if bids are placed within the last minute, to prevent bid sniping. Junk In My Truck Antiques & Auction House, LLC will not be responsible for any missed bids from any source, personal or by internet, or proxy bid. We reserve the right to withdraw, rearrange and or extend properties, on line internet bidding, with or without notice, at the auctions sole discretion of the house. Online bidders: Sometimes we may use several online internet providers, so you will receive an email from us, if you are the actual winner of the item. In the event of a tie bid between internet bidder and floor bidder, the tie will always be awarded to the floor bidder. If your provider is Hibid, you will receive an email, from them stating that you may have won an item. Afterwards Junk In My Truck Antiques & Auction House, LLC, will send you another email (If you are the actual high bidder) stating the you are the high bidder, with an invoice attached. This invoice may not include shipping fees, or credit card fees at that time. The email with completed charges may be sent the following business day, or prior to shipping. Note: When registering on HiBid for any and all auctions, and after you fill out your registration & information, then HiBid will charge your credit card a fee of $1.00. (validation of current card account) and apply or refund at end of auction if any purchases are made. You will need to update your info on HiBid every 3 months. We are NOT responsible for any ITEMS that are left, not shipped, or claimed! ANY item(s) left for more than 10 days after the close of an auction will become property of Junk In My Truck Antiques & Auction House, LLC., and sold WITHOUT NOTICE for storage !!! Junk In MY Truck Antiques & Auction House, LLC. reserves the right to revoke any bidders rights to bid at any auctions facilitated by Junk In My Truck LLC. Junk In My Trcuk LLC reserves the right to change the TERMS AND CONDITIONS, add or delete without notice. All sales will be recorded by audio and/or in writing. The record of the number of the bidder, the bid, and amount thereof shall be prima facie evidence of the circumstances of the sale, and all disagreements will be resolved with this record. Firearms: Sales tax may apply to your purchase please check with auction company to verify. 1. Registration: To gain access to this online auction, you will need to register and create a user name and password. You must be eighteen years old or older to register. You agree that all information that you provide during the registration process will be true and accurate. You will be banned from participation in the Auctioneer's auctions indefinitely should you provide any false information during the registration process. 2. Credit Card: In order for the Auctioneer to process your winning bid, we must have a working Visa, MasterCard, Discover or American Express associated with your account with sufficient funds available to cover your purchases. 3. Bidder's Duty to Update Information: Whether you are a new or returning bidder, you agree that if any of the information associated with your bidder number - including contact information and credit card information - changes at any time prior to, during, or after this sale, you will notify the Auctioneer of the change by updating your bidder profile. 4. Conduct of Sale: All bids, and credits in this sale will be made in United States Dollars. You agree not to use any hardware, software, program, or system that would interfere with the orderly conduct of this sale. You further agree not to copy, reproduce, or publicly display any content from the Auctioneer's website without first obtaining written permission from the Auctioneer. 5. Bidder's Duty to Investigate: You are bidding based on the description and photos provided. Carefully inspect the description and photos for condition and finish. If you are not certain of the condition, completeness or suitability of a given item, please bid accordingly a. Photographs and Descriptions: The Auctioneer regularly posts item descriptions and photographs to aid bidders in the bidding process, and we make every effort to ensure that the descriptions and photographs that we post accurately represent the items being offered for sale. In some photographs, multiple items may appear to be joined as a single unit, however you should not assume that a lot consists of more than one item simply because various items appear connected or are featured in the same photograph. Also understand that, on occasion, the wrong photograph may be displayed for a given item. At all times, you are bidding on items as they are described on this website, not as they appear in any photograph. b. Bid Wisely: We want everyone to be pleased with their purchases. When you bid on the wrong item or decide an item is not suited for your intended use, our clients will not assume the cost of your mistakes. You agree that your failure to become fully informed about the items offered for sale in this auction will not be grounds for a refusal to pay amounts due to the Auctioneer nor for any claim against the Auctioneer. 6. WARRANTY AND CONDITION OF ITEMS SOLD: all lots and items are sold as is, where is, with all faults, and with no express or implied warranties. no action taken by the auctioneer or its agents is intended to create any express or implied warranty as to any lot or item in this sale. the auctioneer specifically disclaims any express or implied warranties including, but not limited to, any warranty of merchantability, fitness for a particular use, conformity with environmental laws or requirements, non-infringement, accuracy, title, or any other warranty. it is believed that all descriptions are accurate descriptions are not guaranteed. 7. When You Have Been Outbid: If you are outbid during the course of this auction, you will be notified by email, if you have chosen this option when you registered. You can see if you are high bidder at any time using the "Watch List" feature; items which you have put on the Watch List will show the bidder name of the high bidder. 8. Reporting Bidding Errors: You should carefully review every bid you choose to make before submitting that bid. The Auctioneer will not automatically assume that any bid, even a bid that increases your own lower bid, was made in error. Fraud: You are responsible for all bids made from your account. If you believe that an unauthorized person has gained access to your account, you must notify the Auctioneer immediately by sending an e-mail to info@estatesaleesperts.com. You must also report the incident to the relevant law enforcement authorities and send the Auctioneer a copy of any resulting police report. You understand and agree that if you do not promptly report any suspected fraud to the Auctioneer and to the relevant law enforcement authorities, you will be held personally responsible for all purchases made using your account and bidder number. 9. Changes in Circumstance: All aspects of this auction are subject to change without notice. The Auctioneer reserves the right to, at any time: (1) add or remove items from the auction, (2) split or combine lots, (3) add minimum bids or reserve prices, (4) cancel, suspend, extend or reschedule the sale of an individual item, lot, auction, and/or auction event, (5) make changes to the auction's closing, inspection, or removal times, or (6) take any other action the Auctioneer deems necessary to effect the fair conduct of this sale or protection of buyers', sellers', or other parties' interests. In the event a seller withdraws an item from this auction prior to the close of the auction, the Auctioneer may leave the item on the catalog and buy the item back on behalf of the seller to establish the Auctioneer's earned commission and the buyer's premium due to the Auctioneer from the seller. Auctioneer reserves the right to bid on behalf of a seller up to any reserves. Auctioneer and staff retain the right to bid and buy at the auction under same terms and conditions as any other bidder. 10. Closing: The Auctioneer's online auctions are designed to mimic traditional "live" actions. For this reason, this auction will have a staggered, dynamic closing. a. Staggered Closing: auctions will be either sold close online only or live with internet bidding. Sold close will allow extended bidding until no bids are placed for one minute. Live auctions with internet bidding allows rebidding and bidding during live auction. 11. Winning Bids: If you place a bid in this sale, and your bid is determined to be the winning bid, you become obligated to pay for the item(s) that you have won at the price you gave as your bid. a. Notification: If you end up placing one or more winning bids in this auction, the Auctioneer will contact you by the e-mail you registered with to let you know which items you have won. This e-mail notification will be the only contact you receive from the Auctioneer about your winning bids; this means that you are responsible for entering a correct mail and for checking your e-mail following the close of the auction to determine what items you have won. If you do not receive an e-mail identifying you as a winning bidder, check your junk or spam list to see if it is there. If you do not receive an e-mail identifying you as a winning bidder it is because the Auctioneer has no record of your having placed a winning bid. b. Bid Inquiries: If you believe that you placed a winning bid, but do not receive an e-mail, you must notify the Auctioneer 1-865-938-3403 explaining your situation by 9:00am on the day after of the auction has closed. You agree that the Auctioneer will be the sole authority regarding the identification of winning bids. If a auctions closes after 6 Pm you will receive your email the following day. 12. Payment: At the conclusion of this auction, the credit card associated with your account will be automatically charged for the full price of your purchases and for shipping where applicable. For this reason, it is imperative that you provide the Auctioneer with a credit card that has sufficient credit available to pay for all of your purchases at the moment the auction closes. If your credit card is declined for any reason there is additional $30.00 charge. If you choose to pay cash, you must notify the Auctioneer before auction closes. a. Suspension: You understand and agree that if, at the end of this auction, the Auctioneer is twice unable to charge your credit card for the entire amount of your purchases; the Auctioneer will suspend your online bidding privileges indefinitely. b. Chargebacks Prohibited: You agree that you will accept all charges placed on the credit card associated with your account, and you agree that you will not charge back any amount that the Auctioneer charges to your credit card. 13. Buyer's Premium: A 10% buyer's premium is added to every purchase. This means that if your winning bids add up to $100, you will be charged $110 at checkout. If you use a credit card, there is an additional 3.5% buyer's premium added to your purchase. 14. Default and Resale: You agree that if, after being declared the winning bidder, you fail to pay for any item that you have won for any reason, your account will be declared in default. If you still refuse to pay for any item after being notified of your account's being in default, you agree that the Auctioneer will have the right to immediately resell your item, and you further agree to pay (1) any cost associated with the resale and (2) any deficiency between your original purchase price and the resale price. 15. Picking Up Your Items: You are solely responsible for the safe removal of any items you may win at this auction during the posted pick up dates and times. If you are unable to safely pick up and remove your items during the item pick up times that have been scheduled for this sale, PLEASE DO NOT BID. Unless stated otherwise the Auctioneer does neither ship, nor does the Auctioneer hold items beyond the published removal times. The Auctioneer will not issue you a refund if you are unable to pick up and safely remove your items during the published removal times. a. Bidder's Duty to Remove Items Safely: Again, you are solely responsible for the safe pick-up, removal, and transportation of your items. You agree that the pick-up, removal, and transportation of your items will be solely at your expense and at your risk. You further agree that you will be responsible for any damage that you or any of your agents cause during any inspection or removal period, and also agree that the credit card associated with your online account will be charged for any expenses incurred and/or repairs necessary as a result of any damage that you cause. b. Release Upon Presentation of Receipt: You understand and agree that the Auctioneer will release your items only after you or your agent presents a sales receipt generated by the Auctioneer stating that your account is paid in full. You further understand and agree that it is your duty to ensure that any agent picking up items on your behalf has a copy of your paid sales receipt to present at the pick-up location. You explicitly authorize the Auctioneer to release your items to any person in possession of your paid sales receipt. No item will be released to any person unless that person presents a paid sales receipt listing the item in question. c. Abandonment: You understand and agree that any item that you do not pick up during the published pick up times will be considered abandoned. You understand and agree that you will be charged a reasonable fee for the removal, and/or disposal of any item that is considered abandoned. On select items the Auctioneer may be able to transport to warehouse for later pick up for a minimal fee with previous communication. 16. Disposal of Unclaimed Items: In the event you refuse to pay for or abandon any item that you win at auction, the Auctioneer will have the option of reselling, removing, storing, or disposing of the unpaid or abandoned item. You understand and agree that you will be personally responsible for all deficiencies including all legal, collection, transportation, and storage expenses associated with your delinquent account and/or abandoned items. In the event of resale, you agree to pay any cost associated with the resale as well as any deficiency between your original purchase price and the resale price. 17. Non-Delivery: In the unusual event that an item has been totally miss-described or is unavailable for pickup during the published removal times, you must immediately notify the Auctioneer's onsite staff of the problem and file a claim for non-delivery within twenty-four hours. You understand and agree that if you fail to make a claim for non-delivery within twenty-four hours of your discovering the problem; your claim for non-delivery will not be honored. Claims for non-delivery may be filed by replying to the e-mail that informed you of your winning binds. Your claim must fully describe the nature of the problem that you have identified. 18. Claims and Choice of Venue: Any claim or controversy out of or relating to these Terms and Conditions, or to any breach thereof, will be settled either (1) in Jasper, Tennessee Small Claims Court, if the claim in question amounts to less than $5,000, or (2) by means of arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, if the claim in question amounts to more than $5,000. In the event of arbitration, judgments upon the award rendered by the arbitrator may be entered by any court having jurisdiction. You agree that all claims will be litigated or arbitrated on an individual basis, and will not be consolidated with any claim made by another party. Venue in every case will be Jasper, Tennessee. You agree that any judgments awarded may be applied to and collected from you personally or corporately. Should any party file an action contrary to this paragraph, the counterparty may recover reasonable legal fees and costs. Further, if you bring a claim against the Auctioneer and do not prevail, you agree that you will reimburse the Auctioneer for all reasonable legal fees and costs. 19. Interim or Preliminary Relief: Notwithstanding the contents of Paragraph 22 of these Terms and Conditions, you agree that the Auctioneer may seek interim or preliminary relief in a court having jurisdiction in order to protect any rights or property that the Auctioneer may have pending arbitration or litigation. 20. Liability: In all cases, the Auctioneer's liability, and the liability of the seller of the items in this auction, will be limited to the refund of your purchase price. The Auctioneer will not be liable for any amount in connection with the postponement or cancellation of this auction, or the withdrawal of any item or lot from this auction. In no event will the Auctioneer be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with this auction or any related sale or transaction. a. No Liability for the Acts of Third Parties: The Auctioneer is not responsible for any action taken by any seller, bidder, or other third party before, during, or after this auction. b. No Liability for Site Malfunction: You understand that this auction is online-only or live with internet bidding, and so relies on devices and programs that may malfunction without warning. You agree that the Auctioneer will not be liable for any error or inconvenience that may be the result of such a malfunction. You further understand and agree that the Auctioneer may void or suspend any sale, or resell any item, if the Auctioneer determines a transaction to have been affected by any site malfunction. 21. Indemnification: You agree to indemnify, defend, and hold harmless the Auctioneer and its employees, officers, owners, affiliates, agents, and representatives from and against any claims, losses, damages, liabilities, judgments, fees, costs, and expenses, including reasonable legal fees and costs, related to, arising from, or associated with you, your agents or representatives including, but not limited to, personal injury or property damage caused at any sales site or during removal or transportation of items won at auction, any dispute with another bidder, or any violation of these Terms and Conditions. 22. Limitations: These Terms and Conditions do not, nor are they intended to create any agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship. These Terms and Conditions cannot be altered except in writing by the Auctioneer. 23. Severability: If any term, provision, paragraph, condition, or other portion of this agreement, or the application of these, to any person, place, or circumstance, is held to be invalid, unenforceable, or void, the remainder of this agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances will remain in full force and effect. 24. Governing Law: These Terms and Conditions will be governed by and construed under the laws of the State of Tennessee. 25. Entire Agreement: These Terms and Conditions contain our entire agreement and supersede any prior oral or written agreements relating to the same subject matter. --------------------------------------------------------------------------------------- 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.