Terms and Conditions | The After Auction

Terms & Conditions

Welcome to The After Auction (“The After Auction”) online community (the “Site”). This User Agreement describes the terms and conditions that apply to the buying or bidding of goods offered by The After Auction on this Site (collectively, the "Services"). You must register and accept the terms of this Agreement in order to use the Services. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. The After Auction reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy or guideline of the Site, at any time and at its sole discretion. Any changes or modifications will be effective upon posting the revisions on the Site. Changes or modifications to referenced policies and guidelines may be posted without notice to you. It is your responsibility to carefully read this Agreement before using this Site or the Services. Your continued use of this Site and the Services following. The After Auction's posting of its changes or modifications will constitute your acceptance of such changes or modifications. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY MODIFICATION, DO NOT REGISTER OR CONTINUE TO USE THE SERVICES OR THIS SITE.

1. Services

The After Auction provides an auction platform, but does not provide auctioneering services. Any users who choose to conduct or participate in auctions using The After Auction’s Services are acting on their own behalf and are responsible for any actions that they may take with respect to any auctions or related transactions that they may enter into. The After Auction does not represent any users of our Sites or Services, and it is not a party to any transaction that may occur between users. You are solely responsible for resolving any disputes that you have with other users of our Sites or Services, whether as a visitor, Bidder, or Seller. However, The After Auction may, in its sole discretion, monitor or inquire about disputes or issues between users in order to protect The After Auction’s Sites and Services and address potential non-compliance of these Terms by a user. The After Auction is not in the business of the selling or buying of any item(s) listed for auction (the “Listed Items”). The After Auction does not take any Listed Items on consignment. All transactions and the terms of any agreements that may occur between Sellers and Bidders or users of our Sites or Services are determined solely through Seller and Bidder, user to user interaction and agreement. The After Auction is not acting as an employee, agent, representative, broker, dealer, marketing agency, or marketing agent of any Seller, Bidder, or user of The After Auction’s Sites or Services. The After Auction does not produce, handle, hold, ship, process, distribute, transport, deliver, or take possession of any Listed Items at any time.

2. Eligibility

The Services may only be used by persons who can enter into legally binding contracts under applicable law for the purchase of goods. Consequently, persons under the age of 18 may not use the Services and should not register. To participate in the bidding process, The After Auction may require a valid credit card number, billing address, and credit card expiration date. The After Auction uses this information to charge your credit card for fees due to The After Auction associated with your use of the platform and to verify your name, address, and other information. Your credit card password and credit card number are not disclosed in aggregate or otherwise to any unauthorized third party but may be disclosed for resolving billing disputes with your credit card company

3. Fee and Payment Terms

Fees and Payment Terms apply to the sale of goods on the Site are incorporated herein by reference. Unless otherwise stated, all fees are quoted in U.S. dollars. The Fees and Payment Terms are subject to change at The After Auction's sole discretion. Therefore, the Fees and Payment Terms applicable to any transaction are governed by the terms in effect at the date of the listing of an item for sale on the Site. Bidder and Seller hereby agree to pay The After Auction’s then-current fees for your use of its Services. The current fee for Seller is 13% of the price for which the Listed Item is sold. The current fee for the winning Bidder is a buyer’s premium of $1 or 3% of the price for which the Listed Item is sold, whichever is greater.

4. Seller's Acknowledgement

Seller acknowledges and agrees to the following:

The After Auction provides an auction platform, but does not provide auctioneering services, and The After Auction is not acting as your employee, agent, representative, broker, dealer, marketing agency, or marketing agent of Seller.
You conduct the auction and make the sole and final determination with respect to the sale of Listed Items.
You are solely responsible for any Listed Items that you place for auction using The After Auction’s Site.
You agree to fully, completely, and accurately disclose all information relating to your Listed Items. You shall be responsible for any such inaccuracies, errors, or omissions.
You will not list any Listed Items through The After Auction’s Services that are illegal to use, possess, auction or sell under any applicable law, rule or regulation.
You will make the Listed Items available to the highest bidder in accordance with the Terms as set forth in Section 8.3 hereinbelow.
The After Auction reserves the right, in its sole discretion, to: (i) refuse to allow any item to be listed, at any time and for any reason; (ii) withdraw any Listed Items from our Services; (iii) review and verify a Listed Item’s information and description; (iv) amend the information in a Listed Item; or (v) cancel any proposed bid for Listed Items that The After Auction deems to be suspicious or fraudulent and report such bid to applicable authorities.

5. Bidder's Acknowledgement

Bidder acknowledges and agrees to the following:

When you submit a bid using The After Auction’s Services, your bid will be forwarded to the Seller and may be viewed by the Seller as a firm commitment and an irrevocable offer to purchase. Once you place a bid on The After Auction’s Site, it may not be retracted. If you have the winning bid, a Seller may hold you legally obligated to complete the transaction unless otherwise prohibited by law or regulation.
By using The After Auction’s Services to bid on Listed Items, you grant The After Auction permission to share your information with Sellers, including, without limitation, your contact information and other information that you provide to The After Auction.
The After Auction reserves the right to withdraw, postpone, or cancel any Listed Items, in its sole discretion, with or without notice. The After Auction shall have no liability to you as a result of any withdrawal, postponement, or cancellation.
The After Auction reserves the right to void a bid that you place, whether winning or not, which The After Auction believes (i) has not been made in good faith and in accordance with these Terms; or (ii) is intended to manipulate The After Auction Services.
The Seller is conducting the auction and makes the sole and final determination with respect to the sale of Listed Items

6. Representations and Warranties of Seller.

Seller represents and warrants:

The Listed Items are owned by you, or you have the legal right and authority to sell such on behalf of the legal owner.
The Listed Items are free and clear of any and all registered and unregistered liens, security interests, tax or duty obligations or other encumbrances.
The Listed Items are in good condition and/or good operating condition, free of material defects, environmental conditions and hazards and/or hazardous or toxic materials and/or wood destroying insects or other insects, except as disclosed by you within the applicable listing.
The Listed Items have not been modified or tampered with in any manner that would be contrary to applicable legislation or misleading to a Bidder.
The Listed Items have not been fraudulently obtained, and are not stolen or counterfeit.
The Listed Items only include descriptions, pictures and videos that are accurate.
Your offering for sale, advertising and sale of the Listed Items will not contravene or infringe upon any patent, copyright, trademark, agreement, title, interest, or easement or similar right of any third party.
You are duly authorized to complete and provide all listing information for Listed Items.
Any posted terms or information of your Listed Items are legal and do not violate any applicable laws, rules, and regulations.
To the extent applicable as it pertains to your use of The After Auction’s Site and platform, you are an authorized auctioneer and have and shall maintain all applicable and necessary licenses, permits, permissions and authorizations to place Listed Item(s) for sale and conduct auctions using our Services.

7. Bidder’s Obligations.

7.1. Bidding. By placing a bid, you are making an offer for the purchase of the Listed Item. If you are a winning bidder, your offer has been accepted by the Seller and you are legally obligated to complete the transaction unless there are exceptional circumstances such as the terms of sale have changed since you submitted your bid. You understand that not completing an otherwise valid agreement may be legally actionable by the Seller.

7.2 Prohibited Bidding Conduct. Any deliberate attempt to artificially influence the sale price of any Listed Item(s), directly or indirectly, including but not limited to bidding through a secondary account, agent, or representative, bidding on Listed Items that you may also be selling, communicating with other Bidders, or shill bidding is expressly prohibited.

7.3. Pickup. If you are the winning bidder, you must pickup the goods at the time and location determined between you and Seller. You must bring your own packing supplies and any other items necessary to transport the goods. You must take everything you purchased. No assistance will be provided in the handling or loading of your goods.

7.4. Title and Risk of Loss. Unless otherwise agreed to between winning Bidder and Seller, title to and risk of loss with respect to the Listed Items passing to you upon receipt by you or your assigns at the Seller's premises. You are responsible for removing, loading, shipping, and insuring the auctioned item and all costs and risks associated with removing, loading, shipping, and insuring the Listed Items. You hereby expressly waive and release any and all claims, now known or hereafter known, against The After Auction, and its officers, directors, employees, agents, affiliates, successors, and assigns (collectively, "Releases"), on account of injury, illness, disability or death arising out of or attributable to the Listed Items, including removal of the Listed Items.

7.5 Taxes. The After Auction is not responsible for determining whether tax applies to any transaction between users, or for withholding, collecting, reporting, or remitting any tax arising from any Listed Items. The After Auction not give tax advice, and nothing it says or does should be interpreted as such. The payment and collection of applicable taxes (including income, sales, property, excise, import, export, VAT and other taxes or duties associated with the purchase/use and sale/solicitation of any Listed Items) must be, and are, the exclusive responsibility of the Bidder and Seller, as applicable

7.6 Payment of Fee. In addition to any other fees or taxes imposed by third parties, you shall pay The After Auction’s fee.

7.7 Release. The After Auction cannot guarantee that Sellers will go through with the sale of the Listed Items. All risk of participating on the Site or using the Services is assumed by the individual Bidder and Seller. You hereby release The After Auction and its respective directors, employees, and agents from any disputes, claims, demands, and/or damages (actual or consequential) of every kind, whether known or unknown, arising out of or relating to your use of the Site and the Services, including, without limitation, uncompleted or completed transactions and any claims or disputes between you and the Seller.

7.8 Warranties on Auction. UNLESS OTHERWISE SPECIFIED BY SELLER, ALL GOODS SOLD THROUGH THE SITE ARE SOLD "AS IS, WHERE AS" AND THE AFTER AUCTION DOES NOT PROVIDE AND HEREBY DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, FOR ANY GOOD OR SERVICES LISTED ON THE SITE. IT IS YOUR RESPONSIBILITY TO DETERMINE THE CONDITION OF THE GOODS, BASED ON PHOTOS AND DESCRIPTIONS, AND BID ACCORDINGLY. ALL ITEMS MUST BE CONSIDERED USED OR PREVIOUSLY OWNED. THE PHOTOS AND DESCRIPTIONS ARE PROVIDED BY THIRD PARTY SELLERS. THE AFTER AUCTION DOES NOT GUARANTY THE ACCURACY THEREOF.

8. Seller’s Obligations.

8.1. Listing. You are responsible for reviewing the categorization and description of your Listed Items to ensure the items are categorized and described accurately. You are responsible for reviewing and ensuring that any content displayed on our Services appears as you intended. The After Auction takes no responsibility for Listed Items that are mis-listed or mis-categorized.

8.2 Buyback and Price Manipulation. You shall not bid or make an offer, directly or indirectly, nor allow any other person to bid or make an offer on your behalf, by agency or otherwise, on your Listed Items or any part of your auctions. In the event of price manipulation or a buyback, The After Auction may, in its sole discretion, ban you from future use of its Services.

8.3 Sale of Listed Item. By listing an item on The After Auction’s Site, you are making an offer to sell the Listed Item. If there is a winning Bidder, your offer has been accepted by the Bidder and you are legally obligated to complete the transaction. The actual purchase and sale of Listed Items following an auction, is and shall remain the sole responsibility of the Seller who placed the Listed Items for auction and the Bidder who had the winning bid. You must coordinate the purchase and sale of the Listed Items directly with the Bidder who is the winning bidder for the Listed Items. You assume all risk and liability associated with any agreement(s) you enter into with the Bidder. We are not a party to, and do not facilitate, the purchase and sale of any Listed Items.

8.4 Taxes. The After Auction shall collect and remit all sales tax on the sale of any and all Listed Items on this site as required by Florida Statute 212.05965. This provision shall serve as The After Auction’s certification to Seller in this regard for purposes of Florida Statute 212.05965(3). For any Seller located outside the State of Florida, the Seller shall cooperate with The After Auction in complying with the collection and remittance of all sales tax as required by the laws and regulations of Seller’s jurisdiction.

8.5 Payment of Fee. In addition to any other fees or taxes imposed by third parties, you shall pay The After Auction’s fee.

8.6 Release. The After Auction cannot guarantee that Bidders will go through with the purchase of the Listed Items. All risk of participating on the Site or using the Services is assumed by the individual Bidder and Seller. You hereby release The After Auction and its respective directors, employees, and agents from any disputes, claims, demands, and/or damages (actual or consequential) of every kind, whether known or unknown, arising out of or relating to your use of the Site and the Services, including, without limitation, uncompleted or completed transactions and any claims or disputes between you and the winning Bidder.

9. Dispute Resolution. Seller and winning Bidder shall attempt to resolve any disputes amongst themselves. In the event the winning Bidder disputes the accuracy of the description of a Listed Item and such claim is not resolved between the parties in a manner satisfactory to the winning Bidder, the winning Bidder can appeal to The After Auction to resolve such a dispute. If The After Auction determines in its sole discretion that the description of the Listed Item was inaccurate, it shall have the authority to facilitate a full refund by Seller to the winning Bidder. The Seller agrees to comply with the decision of The After Auction in this regard.

10. General Terms of Use of Site.

10.1 Access and Use. While The After Auction uses reasonable efforts to provide its Sites and Services to you for so long as you are compliant with these Terms, The After Auction does not guarantee that they will be secure, or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platforms in order to access or use The After Auction’s Sites and Services. You should use your own virus protection software. You may use The After Auction’s Sites and Services only if you are in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You must also comply with any request for information or documentation made by The After Auction for the purpose of its compliance will all applicable local, state, national, and international laws, rules and regulations. The After Auction’s Services are not available to any users who have previously been removed or suspended from The After Auction’s Services. The After Auction may suspend or terminate your access to its Services at any time, for any reason (such as your material breach of these Terms, our reasonable belief that it is necessary to protect the safety or property of others, to prevent fraud or for risk assessment purposes) or for no reason. The After Auction reservesthe right to limit your use of our Sites or Services or terminate your account immediately, without notice or refund of any amounts that you may have paid to The After Auction.

10.2 Intellectual Property Rights. The After Auction is the owner or the licensee of all intellectual property rights to and in its Sites and Services, and in the content published on them. Those rights are protected by copyright, trademark and other applicable laws, as well as by treaties around the world. You will not use, copy or otherwise take any action with respect to The After Auction’s Sites and Services or such content except as expressly permitted by these Terms. You will, likewise, respect the intellectual property rights of others in exercising the rights granted to you hereunder.

10.3 Acceptable Uses. You may access and use The After Auction’s site to list Listed Items for sale, conduct or participate in auctions and view Listed Items for your potential bidding and purchase.

10.4 Prohibited Uses. As part of our Sites and Services, The After Auction may provide access to data, information, and content relating to Listed Items available for auction, including without limitation current and historical Listed Items and related information, materials, and content (our “Auction Information”). You must not:

modify or alter any Auction Information, content, materials or portions of The After Auction’s Sites or Services in any way; • use any Auction Information, illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text, or any text separately from any accompanying illustrations, photographs, video or audio sequences or any graphics;
remove any indications of ownership from any Auction Information or content which came from its Sites or Services, or claim it as your own or as that of any other entity or individual;
use any part of The After Auction’s Services, Auction Information, or content on in Services for any purpose not expressly provided for in Section 9.3 without obtaining a license to do so;
access, or attempt to access, parts of The After Auction’s Sites or Services that are not intended for public use (including but not limited to website administration areas);
modify, adapt or reverse engineer any aspect of The After Auction’s Sites, Services or Auction Information;
conduct any web scraping, web harvesting, web data extraction, or any other data scraping of Auction Information or The After Auction’s Sites or Services;
use any robot, spider, scraper, data mining tool, data gathering tools, data extraction tools, or any other automated means to access The After Auction’s Sites or Services, or collect, copy or record our Auction Information or content off The After Auction’s Sites or Services;
take any action that imposes or may impose (in The After Auction’s sole discretion) an unreasonable or disproportionately large load on The After Auction’s infrastructure;
copy, download, distribute, transmit, reuse, report, reproduce, modify, use, create derivative works from, or publicly display any Auction Information or content of The After Auction’s Sites or Services, including the text, images, audio, and video, for public or commercial purposes, including generating any reports or aggregating any data or content;
take photos, screenshots or other images of The After Auction’s Auction Information, Sites or Services or any content therein;
use The After Auction’s Auction Information or our Sites or Services in competition with The After Auction, to develop competing products or services, or otherwise to The After Auction’s detriment or commercial disadvantage;
use The After Auction’s Auction Information or our Sites or Services in competition with The After Auction, to develop competing products or services, or otherwise to The After Auction’s detriment or commercial disadvantage;
probe, scan or test for vulnerabilities of The After Auction’s Sites, Services, other websites, or any networks connected to them;
willfully corrupt any Auction Information, data, documents or content available through The After Auction’s Sites or Services;
knowingly or recklessly transmit or distribute a virus into our network and computer systems; or
assist, encourage or permit any other person to do any of the acts described above

10.5 Breach of Usage. In the event of a breach outlined above, your right to use The After Auction’s Site and Services will cease immediately.

10.6 Passwords. You may not disclose your password to any third party and are solely responsible for any use of or action taken under your password on this Site. If your password is compromised or otherwise disclosed, you must change your password in order to minimize your risk of loss.

10.7. The After Auction Privacy Policy. The After Auction takes reasonable measures to respect the privacy of our users. Please consult The After Auction Privacy Policy for information.

10.8 Disclaimer of Warranty Regarding Site and Services. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AFTER AUCTION’S SITES AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE AFTER AUCTIONS SITES OR SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE AFTER AUCTION IS SOLELY A PASSIVE CONDUIT TO PROVIDE CONTENT AND TO FACILITATE COMMUNICATIONS BETWEEN A BIDDER AND A SELLER, AND IN NO EVENT DOES THE AFTER AUCTION SELL ANY LISTED ITEMS .WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR ANY PRODUCTS OR SERVICES OR FOR THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH OUR SITES, SERVICES OR ANY LINKED SITES, EVEN IF THE AFTER AUCTION BECOMES AWARE OF ANY ISSUES THEREWITH. THE AFTER AUCTION DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON ITS SITES OR SERVICES, OR ANY MATERIALS OR CONTENT CONTAINED THEREIN, WILL BE ACCURATE, COMPLETE, UP-TO-DATE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SITES OR SERVERS THAT MAKE SUCH SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THE AFTER AUCTION’S SITES AND SERVICES IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR CONTENT TO US AND BY POSTING INFORMATION ON OUR SITES OR SERVICES, INCLUDING LISTED ITEMS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND THE AFTER AUCTION OTHER THAN PURSUANT TO THESE TERMS.

11. Indemnifications.

11.1 Seller’s Indemnification. In addition to the indemnification provisions contained herein, you agree to indemnify, defend, and hold harmless The After Auction and its respective directors, employees, and agents from and against any and all damages, costs, claims or liability (including reasonable attorneys’ fees) arising out of or resulting from (i) any breach of your representations, warranties covenants, or other responsibilities set out in this Terms of Use; (ii) taxes in respect of, the Listed Items or any part thereof; (iii) any deficiency in compliance with any laws, rules or regulations concerning consumer protection, privacy, or taxes related to your use of The After Auction’s Services and any transactions with other users; (iv) any damage to Listed Items; and (v) any injury, illness, disability or death arising out of or attributable to persons or property of any type, occurring during your or your agent's inspection of property, or your or your agent's presence at a Seller's site, or resulting from the sale, removal, use or operations of any Listed Items.

11.2 Bidder’s Indemnification. In addition to the indemnification provisions contained herein, you agree to indemnify, defend, and hold harmless The After Auction and its respective directors, employees, and agents from and against any and all damages, costs, claims or liability (including reasonable attorneys’ fees) arising out of or resulting from (i) any breach of your representations, warranties covenants, or other responsibilities set out in this Terms of Use; (ii) taxes in respect of, the Listed Items or any part thereof; (iii) any deficiency in compliance with any laws, rules or regulations concerning consumer protection, privacy, or taxes related to your use of The After Auction’s Services and any transactions with other users; (iv) any damage to Listed Items.

12. Release of Liability

N THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE AFTER AUCTION’S SITES OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY OTHER BIDDER OR SELLER, ANY THIRD PARTY VISITOR TO THE SITES OR THE PROVIDER OF ANY THIRD PARTY WEBSITE OR APPLICATION THAT MAY BE LINKED TO OR FROM THE AFTER AUCTION’S SITES OR SERVICES, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE AFTER AUCTION AND ITS RESPECTIVE DIRECTORS, EMPLOYEEE, AND AGENTS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS YOU MAY HAVE OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE.

13. Limitation of Liability

IN NO EVENT SHALL THE AFTER AUCTION BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, THE SERVICES, OR ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES, EVEN IF THE AFTER AUCTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE AFTER AUCTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR THE SERVICES EXCEED THE GREATER OF THE AMOUNT YOU ACTUALLY PAID TO AFTER FOR THE SERVICES IN THE PRECEDING TWELVE (12) MONTHS OR US$500.00. YOU HEREBY RELEASE THE AFTER AUCTION AND ITS PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION.

14. Class Action Waiver

You expressly waive any right to participate as a class member in any class action lawsuit, either as a plaintiff or defendant, arising out of or relating to use of The After Auction’s Site. All disputes must be resolved on an individual basis and not as part of a class or representative action.

15. General Provisions

15.1. Applicable Law. THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF FLORIDA, WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN THE FEDERAL OR STATE COURTS LOCATED IN ALACHUA COUNTY, FLORIDA, AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

15.2. No Agency. The After Auction is not the agent, fiduciary, trustee, or other representative of you. Nothing expressed or mentioned in or implied from this Terms of Use is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Terms of Use. This Terms of Use and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of the parties hereto.

15.3. Severability. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Terms of Use shall nonetheless remain in full force and effect and, if the subject term or provision is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications.

15.4. Claim Limitation. You agree regardless of any statute or law to the contrary that any claim or cause of action arising out of or relating to the Site, use of the Services, or this Terms of Use must be filed within one (1) year after such claim of action arose or be forever barred.

15.5. Waiver. The After Auction's failure to enforce the strict performance of any provision of this Terms of Use will not constitute a waiver of The After Auction's right to subsequently enforce such provision or any other provisions hereunder.

15.6. Notices. Any notice you make to The After Auction must be made by either e-mail or regular mail. The After Auction may give notice of changes or modifications to this Terms of Use or other policies applicable to the Site or the Services by posting a notice of them on the Site