Lot # : 148 - Tory Burch Fold Over Shoulder Bag in Cognac

**ALL BIDS ARE FINAL. WE DO NOT CANCEL BIDS. DO NOT BID IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS ** Conditions of Sale ANYONE EITHER REGISTERING TO BID OR PLACING A BID (“BIDDER”) ACCEPTS THESE CONDITIONS OF SALE AND ENTERS INTO A LEGALLY, BINDING, ENFORCEABLE AGREEMENT WITH INSTA AUCTION, LLC (“INSTA”) TOGETHER WITH THE BIDDER, THE “PARTIES”). This Agreement contains important provisions that control rights and liabilities and specifically govern how disputes are handled and LIMITATIONS OF LIABILITY that can be imposed upon INSTA AUCTION, WAIVER OF JURY, and ARBITRATION PROVISIONS. This acknowledgment is a material term of these Conditions of Sale and of the consideration under which INSTA agrees to these terms. PLEASE READ CAREFULLY. The following terms and conditions (“Conditions of Sale”) constitute the sole terms and conditions under which INSTA will offer for sale and sell the property on its website and/or described in the catalog of items for auction (the “Catalog”). These Conditions of Sale constitute a binding agreement between the Parties concerning the auction in which Bidder participates (the “Auction”). By bidding at the Auction, whether in person, through an agent or representative, online, absentee bid, or by any other form of a bid or by any other means, Bidder acknowledges the thorough reading and understanding of all of these Conditions of Sale, all descriptions of items in the Catalog, and all matters incorporated herein by reference, and agrees to be fully bound thereby. Section 1 The Parties 1.1 Insta Auction and Auction This Auction is presented by INSTA AUCTION, a Georgia, LLC, as identified with the applicable licensing information on the title page of the Catalog or www.insta-auction.com. The Auction is conducted under these Conditions of Sale. 1.2 Bidder Bidder shall mean the original Bidder on the property offered by Insta auction. If Bidder is an agent, the agency must be disclosed in writing to Insta auction before the time of sale; otherwise, the benefits of the warranty shall be limited to the agent. 1.3 All Bidders must meet Insta Auctions qualifications to bid. Any Bidder not a client in good standing of Insta Auction may be disqualified at Insta Auctions’s sole option and will not be awarded lots. Insta Auction reserves the right to exclude any person from the Auction. 1.4 By accepting the Conditions of Sale, Bidder personally and unconditionally guarantees payment. Section 2 Bidding Privileges 2.1 To place bids, Bidders who still need to establish an account with Insta Auction must furnish a satisfactory credit card and supply additional information, if requested. Checks not accepted. Payment must be made by Bank wire or a major credit card with a 3% convenience fee added to the invoice. 2.2 Bidder providing any false or misleading information concerning the registration shall be a material breach of the Conditions of Sale. Any other remedies at law shall excuse Insta Auction from performance under these Conditions of Sale, including the right to any refund. Section 3 Buyer’s Premium 3.1 The Bidder acknowledges and agrees that a 22% buyer’s premium is added to the hammer price on all individual lots and that a 10% buyer premium is on Real Estate sold by Insta-Auction unless stated otherwise on the catalog. Delivery will not be made until Insta Auction has received full payment. 3.2 Payment in full is due at the conclusion of the auction. Payment will be automatically charged on the card on file. If payment is declined, payment must be made within ten (10) calendar days of the Auction. Bidder’s failure to pay in full by the due date shall constitute a material breach. In addition to other damages available under contract or law, at Insta Auction’s election, Insta Auction may cancel the sale and require full buyers' premium due along with interest at 1.5% per month from the date of breach or at the maximum legally allowable rate. Section 4 Bidding 4.1 Bidders should bid based upon bidders' examination of the item(s) and independent investigation rather than relying on what is represented in the Catalog, online, or elsewhere. Any statements made by Insta Auction concerning the item(s) for auction is a sole opinions. The bidder is responsible for the inspection and independent evaluation of the goods. Bidder shall not rely upon any description or statements by Insta Auction (including quality, authenticity, ownership, liens, legality, or value) in determining to bid on an item. In any purchase or sale, the price determines the value of the item(s). THE BIDDER HEREBY ASSUMES ALL RISKS CONCERNING ANY AND ALL PURCHASES TO THE FULLEST EXTENT UNDER APPLICABLE LAW. 4.2 INSTA AUCTION IS NOT RESPONSIBLE FOR ERRORS IN BIDDING. A Bidder should make sure to bid on the correct lot and that the bid is the bidder maximum (plus the Buyer’s Premium) that the Bidder is willing and able to pay. Once the hammer has fallen and Insta Auction has announced the winning Bidder, such Bidder is unconditionally bound to pay for the lot, even if the Bidder has made a mistake. 4.3 All prospective Bidders who examine lots in person before the sale shall personally assume all responsibility for any damage they cause in doing so. Insta Auction shall have sole discretion in determining the value of the damage caused, which the prospective Bidder shall promptly pay. 4.4 Title to any lot remains with Consignor, any secured party of the Consignor, or assignee of Consignor until the lot is paid for in full by Bidder. Insta Auction requires payment in full before delivering any lot to the successful Bidder. 4.5 Bidder must have lots fully insured during shipping. Bidder assumes all risk of loss upon the shipment of the winning lot to Bidder. Section 5 Bidding Options 5 Insta Auction reserves the right to accept or decline any bid. Bids must be for an entire lot, and each lot constitutes a separate sale. All bids are per lot unless otherwise announced. Live auction lots will be sold in their numbered sequence unless Insta Auction directs otherwise. It is unlawful and illegal for Bidders to collude, pool, or agree with another Bidder to pay less than the fair value for lot(s). Section 6 Payment 6.1 Payment is due upon closing of the Auction and your card on file will be automatically charged at the conclusion of the auction or upon email receipt of the invoice. Insta Auction reserves the right to void any invoice if payment in full is not received within ten (10) calendar days of the Auction. In cases of nonpayment, Insta Auction’s election to void a sale does not relieve the Bidder from their obligation to pay Insta Auction its fees (Seller’s and Buyer’s Premium) on the lot and any other damages caused by the Bidder's failure to execute the sale. 6.2 If Bidder’s payment is dishonored or disputed for any reason, Bidder shall pay the maximum statutory processing fee set by applicable state law. If the Bidders financial institution denies the transfer from Bidder’s bank account or the payment cannot be completed using the selected funding source, Bidder agrees to complete payment. 6.3 If Insta Auction refers an unpaid invoice to an attorney for collection, the Bidder agrees to pay Insta Auction’s attorney’s fees, court costs, and other collection costs incurred by Insta Auction in addition to the invoice amount and interest the greater of 2% per month or at the maximum legally allowable rate from the date of invoice to collection. If Insta Auction assigns collection to its house counsel, such attorney’s time expended on the matter shall be compensated at a rate comparable to the hourly rate of independent attorneys. 6.4 Insta Auction shall have a lien against the merchandise purchased by the Bidder to secure payment of the Auction invoice. Insta Auction is further granted a lien and the right to retain possession of any other property of the Bidder held by Insta Auction or its affiliates to secure payment. Insta Auction shall have all the rights of a secured creditor, including but not limited to the right of sale. In addition, concerning payment of the Auction invoice(s), the Bidder waives all rights of offset he might otherwise have against Insta Auction and the consignor of the merchandise included on the invoice (the Consignor”). If a Bidder owes Insta Auction or its affiliates on any account, Insta Auction and its affiliates shall have the right to offset unpaid account by any credit due Bidder, and it may secure by a possessory lien on any outstanding amount on the Bidder’s property in their possession. Section 7 Sales Tax 7.1 Insta Auction is a remote seller, and we must collect Sales/Use Tax from our bidders. Each state has a different nexus to meet. We will be required to collect and remit sales tax on your behalf. The sales tax rate is determined by the State, Country, and City to which purchases are shipped. All purchases picked up at our Atlanta location will be taxed at the current rate, which is 8% If you have a resale number, please email Info@Insta-Auction.com a copy of your state resale certificate, and you will be exempt from paying sales tax. Section 8 Delivery, Shipping, and Handling Charges 8.1 Bidder is liable for shipping and handling charges and for providing accurate shipping information. Lots won will be shipped within 3 to 5 business days after full payment for Lot, and the shipping invoice is paid in full. Bidder agrees that charges related to shipping auction items may be charged to a credit card on file with Insta Auction. 8.2 Successful international Bidders shall provide written shipping instructions, including specified Customs declarations, to Insta Auction for any lots to be delivered outside of the United States. NOTE: Declaration value shall be the item('s) hammer price, and Insta Auction shall use the correct harmonized code for the lot. Section 9 Insurance Coverage The Bidder is responsible for providing adequate insurance coverage for the items once delivered to a common carrier or third-party shipper. Section 10 Rights Reserved 10.1 Insta Auction reserves the right, at any time before, during, or after an auction has ended, to: withdraw any lot before or at the time of the Auction, cancel any bid, and/or postpone the Auction of all or any lots or parts thereof, for any reason. Insta Auction shall not be liable to any Bidder in the event of such withdrawal, cancellation, or postponement under any circumstances. Insta Auction reserves the right to refuse to accept bids from anyone at any time. Section 11 Conducting the Auction 11.1 Insta Auction reserves the right to postpone the Auction or any session thereof for a reasonable period for any reason whatsoever, and no Bidder or prospective Bidder shall have any claim as a result thereof, including consequential damages. 11.2 Insta Auction’s Discretion: Insta Auction shall determine opening bids and bidding increments. Insta Auction has the right in its absolute discretion to reject any bid in the event of a dispute between Bidders or if Insta Auction doubts the validity of any bid, to advance the bidding at its absolute discretion and to determine the successful Bidder in the event of a dispute between Bidders, to continue the bidding or to re-offer and resell the lot in question. 11.3 Reserves. Lots may be subject to a reserve, the minimum bid a seller will accept for a lot. Consignors may not bid on their lots or property. Insta Auction may, from time to time, bid on items that it does not own. Insta Auction may execute bids consecutively or up to one bid increment below the reserve. 11.4 Estimate Prices. In addition to descriptive information, each item in the Catalog sometimes includes a price range that reflects opinion as to the price expected at auction (the “Estimate Prices”). The Estimate Prices are based upon various factors, including prices recently paid at auction for comparable property, condition, rarity, quality, history, and provenance. Estimates do not include the Buyer’s Premium or sales tax 11.5 Owned or Guaranteed Property: Insta Auction generally offers property consigned by others for sale at public auction; on occasions, lots offered for sale are the property of Insta Auction. 11.6 Bidders may attend pre-sale viewing of Insta Auction’s auctions. Bidder is encouraged to examine lots thoroughly. Insta Auction’s staff are available at viewings and by appointment. **Online-only auctions do not have an onsite pre-sale viewing. Adequate description and media will be available to inspect the items' condition digitally. 11.7 Maximum Bids In All Auctions: To maximize the Bidder’s chance of winning, Insta Auction strongly encourages using maximum bids. Insta Auction will then bid for Bidder until the lot reaches Bidder’s specified maximum. Maximum bids are strictly confidential. 11.8 Successful Bids: The fall of Insta Auction’s hammer indicates the final bid. Insta Auction will record the paddle number of the Bidder. 11.09 Unsold Lots: If a lot does not reach the reserve, it is bought in. In other words, it remains unsold and is returned to the Consignor. Insta Auction has the right to sell certain unsold items after the close of the Auction. Such lots shall be considered sold during the Auction, and all these Terms and Conditions shall apply to such sales, including but not limited to the Buyer’s Premium, return rights, and disclaimers. 11.10 Bidding - Internet Live and Timed Auctions: Bidder may open, monitor, and/or raise bids anytime before closing a lot through www.Insta-auction.com or partner site. To ensure proper registration, those Bidders intending to bid via the Internet must visit www.Insta-auction.com and register at least one (1) before the end of the auction. Insta Auction is not responsible or liable for any problems, delays, or other issues resulting from using the Internet generally or specifically, including but not limited to transmission, execution, or processing of bids. During Auctions, internet bids can be placed in real-time through our app, website, and one of the following Third Party services: www.liveauctioneers.com or www.Highbid.com. All Insta Auction lots purchased through the third-party sites may carry an additional Buyer’s Premium. 11.11 Miscellaneous: Agreements between Bidders and Consignors to effectuate a non-sale of an item at Auction, inhibit bidding on a consigned item from entering into a private sale agreement for said item, or utilize Insta Auction’s Auction to obtain sales for non-selling consigned items after the Auction, are strictly prohibited. Should a subsequent sale of a previously consigned item violates this provision. In that case, Insta Auction reserves the right to charge the Bidder the applicable Buyer’s Premium and Consignor a Seller’s Commission as determined for each auction venue and by the terms of the seller’s agreement. 11.12 Acceptance of these Terms and Conditions qualifies Bidder as a client who has consented to be contacted by Insta Auction in the future. In conformity with ”do-not-call” regulations promulgated by the Federal or State regulatory agencies, participation by the Bidder is affirmative consent to being contacted at the phone number shown in his application, and this consent shall remain in effect until it is revoked in writing. Insta Auction may occasionally contact Bidders concerning available sale, purchase, and auction opportunities. 11.13 Rules of Construction: Nothing herein shall be construed to waive the general Conditions of Sale by these additional rules and shall be construed to give force and effect to the laws in their entirety. Section 12 Insta Auction’s Remedies 12.1 Failure of the Bidder to comply with any of these Conditions of Sale or the terms of the Registration Form is an event of material breach or default. In such event, Insta Auction may, in addition to any other available remedies specifically including the right to hold the defaulting Bidder liable for the Purchase Price or to charge and collect from the defaulting Bidder’s credit or debit accounts as provided for elsewhere herein: (a) cancel the sale, retaining any payment made by the Bidder as damages (the Bidder understands and acknowledges that Insta Auction will be substantially damaged should such default occur, and that damages under sub-part (a) are necessary to compensate Insta Auction for such damages); (b) resell the property without reserve at public auction or privately; (c) charge the Bidder interest on the Purchase Price at the rate of two percent (2%) per month or the highest allowable interest rate; (d) take any other action that Insta Auction, in its sole discretion, deems necessary or appropriate to preserve and protect Insta Auction’s rights and remedies. Should Insta Auction resell the property, the original defaulting Bidder shall be liable for the payment of any deficiency in the purchase price and all costs and expenses associated therewith, including but not limited to warehousing, sales-related expenses, reasonable attorney fees, and court costs, commissions, incidental damages and any other charges due hereunder which were not collected or collectible. If such Bidder is the successful Bidder on more than one lot and pays less than the purchase price for the total lots purchased, Insta Auction shall apply the payment received to such lot or lots that Insta Auction, in its sole discretion, deems appropriate. If Insta Auction does not exercise such discretion, the lots to which the payment shall be applied will be in descending order from the highest purchase price to the lowest. Any Bidder failing to comply with these Conditions of Sale shall be deemed to have granted Insta Auction a security interest in, and Insta Auction may retain as collateral such security for such Bidder’s obligations to Insta Auction, any Bidder’s property in Insta Auction’s possession or to which title has not yet passed to Bidder. Insta Auction shall benefit from all rights of a secured party under the Uniform Commercial Code (U.C.C.) adopted by the State of Georgia. Section 13 Warranties 13.1 Insta Auction does not provide any warranties to Bidders, expressed or implied, beyond those expressly provided in these Conditions of Sale. All property and lots are sold ”as is” and “where is.” By way of illustration rather than limitation, neither Insta Auction nor the Consignor makes any representation or warranty, expressed or implied, as to merchantability or fitness for intended use, condition of the property (including any condition report), the correctness of description, origin, measurement, quality, rarity, importance, exhibition, relevance, attribution, source, provenance, date, authorship, condition, culture, genuineness, value, or period of the property. 13.2 All descriptions, photographs, illustrations, and terminology including but not limited to words describing condition (including any condition reports requested by Bidder, see also Terminology), authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, and relevance, used in the Catalog, bill of sale, invoice, or anywhere else, represent a good faith effort made by Insta Auction to fairly represent the lots and property offered for sale as to the origin, date, condition, and other information contained therein; they are statements of opinion only. They are not representations or warranties, and Bidder agrees and acknowledges that he or she shall not rely on them in determining whether or not to bid or for what price. Price estimates (determined well before the Auction and therefore subject to revision) and condition reports are provided solely as a convenience to Bidders. They are not intended nor shall they be relied on by Bidders as statements, representations, or warranties of actual value or predictions of final bid prices. 13.3 Insta Auction complies with all Federal and State rules and regulations relating to the purchasing, registering, and shipping of firearms. A Bidder is required to provide appropriate documents and the payment of associated fees, if any. The bidder is responsible for providing a shipping address suitable for receiving a firearm. Section 14 Unauthorized Statements 14.1 Under no circumstances is any employee, agent, or representative of Insta Auction authorized by Insta Auction to modify, amend, waive, or contradict any of these Conditions of Sale, any term or condition set forth on a registration form, any warranty or limitation or exclusion of warranty, any term or condition in either the Registration Form or these Terms and Conditions regarding payment requirements, including but not limited to the due date, manner of payment, and what constitutes payment in full, or any other term or condition contained in any documents issued by Insta Auction unless such modification, amendment, waiver or contradiction is contained in writing signed by all parties. Any statements, oral or written, made by employees, agents, or representatives of Insta Auction to Bidder, including statements regarding specific lots, even if such employee, agent, or representative represents that such statement is authorized unless reduced to a written signed Bidder and by an authorized officer of Insta Auction by all parties, are statements of personal opinion only and are not binding on Insta Auction, and under no circumstances shall be relied upon by Bidder as a statement, representation or warranty of Insta Auction. Section 15 Bidder’s Remedies 15.1 Except as expressly stated herein, Bidder’s sole and exclusive remedy relating to items it bids upon, views, or purchases from Insta Auction, and any claims by Bidder related to authenticity, ownership, condition, title, or value, shall be against Consignor only. 15.2 This section sets forth the sole and exclusive remedies of Bidder against Insta Auction (including its affiliates, officers, managers, employees, or agents) or in any way arising out of, related to, or in connection with these Conditions of Sale. It is expressly in place of any other rights or remedies available to Bidder by law. Time is of the essence concerning these procedures. 15.3 Title to Items The Bidder hereby accepts the benefit of the Consignor’s warranty of title and any other representations or warranties made for the Bidder’s benefit. Suppose Bidder demonstrates in writing, satisfactory to the sole discretion of Insta Auction, that there was a breach of the Consignor’s warranty of title concerning a lot purchased by Bidder. In that case, Insta Auction may make a demand upon the Consignor to pay to Bidder the Purchase Price (including any premiums, taxes, or other amounts paid or due to Insta Auction). Should the Consignor not pay the Purchase Price to Bidder within thirty days after such demand (if any is made), Insta Auction may disclose the identity of the Consignor to Bidder. It may assign to Bidder all or some of Insta Auction’s rights against the Consignor concerning such lot or property. Upon such disclosure and/or assignment, all responsibility and liability of Insta Auction, if any, about said lot or item shall automatically terminate related to or arising from these Conditions of Sale or such transaction operating as a complete waiver and general release by Bidder as to Insta Auction and its agents, contractors, and affiliates, as to any and all claims concerning or related to the item, if any. Insta Auction shall be entitled to retain the premiums and other amounts paid to Insta Auction by Consignor only. The rights and remedies provided herein are for the original Bidder only, and they may not be assigned or relied upon by any transferee or assignee under any circumstances. 15.4 Authenticity Challenge Process (1) If Bidder wishes to dispute or challenge the Authenticity of the lot or item (including asserting that it is incorrect), Bidder must adhere to the following procedure: Within five (5) days of pick up or receipt of the item, Bidder must present written evidence, tracking information to Insta Auction at info@insta-auction.com that the lot is not authentic as determined by a known expert in the field (and one recognized by Insta Auction within its discretion). The Bidder must ship the item or lot to Insta Auction, 2531 Briarcliff Rd., Atlanta, Ga. 30329 Ste 106 at Bidders expense, with tracking and insurance, along with all evidence relied upon by Bidder for contesting the Authenticity. Item must be received by Insta-Auction within seven (7) days of Delivery or pick up of Item. No Exceptions, as we have to settle with our consignors. (“Authenticity Challenge Process”) “Authenticity” shall mean a gross discrepancy between the description, genuineness, or attribution of the item as represented by Insta Auction in the Catalog or at the auction and the item. If Insta Auction concurs that the lot is not Authentic as was represented (it is sole discretion), Bidder’s sole and exclusive remedy is against Insta Auction (inclusive of its affiliates, agents, employees, and contractors) shall be a refund of the purchase price of the subject item paid by Bidder, with no other costs, liabilities or amounts recoverable by Bidder. If Insta Auction disagrees with the assertion by Bidder, then the Parties shall follow the dispute resolution procedures of these Conditions of Sale. Strict adherence to the Authenticity Challenge Process is a condition of standing for Bidder to initiate a suit or claim. (2) So long as Bidder has complied with the Authenticity Challenge Process, any claim, suit, or action by Bidder concerning a Certification of Authenticity or related to the authenticity of the item must, without any exception, be brought within one (1) year of Auction Date and is subject to the other limitations and conditions stated in the Conditions of Sale. NO RETURN OR REFUND OF ANY AUCTION LOT WILL BE CONSIDERED OR PROVIDED EXCEPT AS PROVIDED IN THESE CONDITIONS OF SALE AND BIDDERS OR AS MAY BE REQUIRED BY LAW. FAILURE TO COMPLY WITH SUCH SHALL BE A COMPLETE DEFENSE TO ANY CLAIMS BY THE BIDDER RELATED TO THE CONDITIONS OF SALE, ANY AUCTION, OR BID. 16.1 LIMITATION OF LIABILITY. For any and all claims by Bidder arising out of or related to this Agreement, Bidder’s viewing, bid, or purchase of items, or any agreement between the Parties, or otherwise, Bidder agrees that to the fullest extent such can be limited under the law, Bidder shall have no right to recover and hereby waives any and all rights to recover from against Insta Auction or its affiliates, directors, employees, officers, agents, or contractors, consequential or indirect damages, lost profits damages, punitive, exemplary, statutory (or multiplier damages), physical or emotional distress damages, general or special damages of any kind (beyond amounts actually paid by Bidder for item(s) at issue), and in the event of recovery of any damages whatsoever, such shall be limited by the amounts actually paid by Bidder to Insta Auction for the item(s) at issue in such claim, or if no money was paid to Insta Auction by Bidder for items at issue, the Bidder is limted amount of $50 (fifty dollars) for recovery. Section 16 Entire Agreement 16.1 Except to the extent Bidder is also a consignor (in which case the terms of the consignment agreement shall also govern), these Conditions of Sale constitute the entire agreement between the Parties together with the terms and conditions contained in the auction Registration Form. They may not be amended, modified, or superseded except in a signed writing executed by all parties. No oral or written statement by anyone employed by Insta Auction or acting as an agent or representative of Insta Auction may amend, modify, waive, or supersede the terms herein unless such amendment, waiver, or modification is contained in writing and signed by all parties. 16.2 Should any section of these Conditions of Sale or any term or provision of any section is held to be invalid, void, or unenforceable by any court or arbitrator of competent jurisdiction. In that case, the remaining parts of the agreement and the remainder of the sections or terms and provisions of the section and all sections shall continue in full force and effect without being impaired or invalidated in any way. Section 17 Governing Law and Enforcement 17.1 The Parties agree that all agreements between the Parties, including but not limited to these Conditions of Sale, are entered into in Atlanta, Georgia, no matter where Bidder is situated and no matter by what means or where Bidder was informed of the Auction and regardless of whether Bidder received catalogs, materials, or other communications in another location. 17.2 The Parties agree that these Conditions of Sale, any other related agreement(s), and all claims between the Parties, including those arising out of or related to such, are governed by the laws of the State of Georgia, without regard for its conflict of laws principles. The Parties agree that any dispute between the Parties, including but not limited to those related to or arising out of these Conditions of Sale or related to or arising out of any other related agreement(s), shall be submitted to confidential binding arbitration (the ”Arbitration”) before a single Arbitrator of the American Arbitration Association (the “AAA”) The Parties agree that the Arbitration shall be conducted according to the commercial rules of the AAA in Atlanta, Georgia, unless the Consumer Arbitration Rules apply, in which case, such rules and venue will govern. If the Parties cannot agree on the selection of the Arbitrator, then the Arbitrator shall be selected by the AAA. The prevailing Party in the Arbitration shall also recover all of its related fees and costs, whether before or after the formal institution of the Arbitration, including but not limited to its reasonable attorneys’ fees and costs, if Insta Auction prevails, such recovery, in addition to all remedies available at agreement or law, shall include the Buyer’s Premium as defined in these Conditions of Sale. Federal arbitration law, including the Federal Arbitration Act, applies to this agreement to arbitrate and its related provisions. The arbitration and all related proceedings shall be held strictly confidential, and all documents and discovery shall be held confidential and not used, published, or disclosed publicly or to anyone outside the Parties or expert consultants or counsel who shall agree to keep such confidential. 17.3 The Parties consent to the State of Georgia as exclusive jurisdiction and venue for all claims between the Parties except as explicitly provided herein. They may seek confirmation of the decision in the Arbitration according to the Federal Arbitration Act in any Court of competent jurisdiction, including the courts of the State of Georgia or the United States District Court for the District of Georgia. To the extent such is necessary under the law, Insta Auction may enforce the Arbitration award against Bidder and any related Party in any court of competent jurisdiction. Nothing in this Agreement shall be construed as Insta Auction consenting to jurisdiction or venue in any location outside of the State of Georgia. THE PARTIES MAY NOT BRING CLAIMS AGAINST EACH OTHER AS A CLASS OR CLASS MEMBER IN ANY CLAIMED CLASS OR A REPRESENTATIVE ACTION UNLESS OTHERWISE AGREED. UNLESS OTHERWISE AGREED, THE CLAIMS AGAINST EACH OF THE OTHERS CANNOT BE CONSOLIDATED OR JOINED WITH MORE THAN ONE ADDITIONAL PERSON OR ENTITY’S CLAIMS. NO INJUNCTIVE OR DECLARATORY RELIEF SOUGHT BY THE BIDDER IF ANY, CAN AFFECT OR BE ORDERED TO AFFECT ANY OTHER BIDDERS OR PERSONS. 17.4 Except as explicitly provided in these Conditions of Sale in Bidder’s Remedies against Insta Auction (along with its affiliates, directors, agents, officers, employees, and contractors) for any dispute, claim, cause of action related to or arising out of these Conditions of Sale or any other related agreement(s), brought by Bidder must be brought within the earlier of the Auction Date as it pertains to the item(s) at issue or no later than one (1) year of the acts, omissions or circumstances occurred giving rise to the alleged claim, without exception. This provision is intended as a full, complete, and absolute bar to and release of any claims by Bidder initiated after one (1) year of such acts, omissions, or circumstances. The Parties agree further that these waiver provisions are intended to be binding in case of any dispute, including but not limited to third-party claims and cross-actions brought by Bidder. These provisions are consideration for the execution of these Conditions of Sale. 17.5 To the fullest extent under applicable law and except as expressly stated herein, Bidder hereby holds harmless, releases, and discharges Insta Auction and its agents, officer’s directors, affiliates, successors, and assigns from any claims, liabilities, obligations, promises, agreements, damages, causes of action, suits, demands, losses, debts, and expenses of any nature whatsoever, known or unknown, suspected or unsuspected existing before these Conditions of Sale. Bidder agrees to the Conditions of Sale and upon each instance that Bidder participates in any auction, bids, or otherwise agrees to such terms and reaffirms this release as of the date of so participating or agreeing unless Bidder otherwise provides clear written notice to Insta Auction before so bidding. 17.6 The Bidder hereby agrees that Insta Auction shall be entitled to present these Conditions of Sale to a court in any jurisdiction other than outlined in this paragraph as conclusive evidence of the Parties' agreement, and the Parties further agree that the court shall immediately dismiss any action filed in such jurisdiction. 17.7 Liquidated Damages for Specific Breaches 17.8 Indemnity. Bidder agrees to defend, indemnify, and hold harmless Insta Auction (along with its officers, directors, agents, contractors, and affiliates) from and against all claims, costs, fees, damages, and liabilities arising out of or related to these Conditions of Sale, view of items, or lots, bidding, or participation in any auction by Insta Auction, and/or in any way connected to any item you viewed, bid upon or purchased through Insta Auction. Section 18: State-by-State Law Issues This Auction is being conducted, and the sale shall take place in the State of Georgia. Should these terms and conditions violate the law of any State should that state’s law be found to govern, or any provision herein determined to be invalid, the clause itself and the remainder of the Agreement shall be valid to the fullest extent allowed. Also, to the extent other states' laws apply to any transaction arising out of the Agreement (without admitting such)