Auction Terms & Conditions Auction Terms & Conditions
THIS WILL BE A TIMED ONLINE ONLY AUCTION EVENT with live preview held at www.hibid.com. The PREBID aspect will be available Approx. 3 days prior to the Auction Date. One lot will be scheduled to end Approx. every 8 seconds.
TERMS OF SALE
We advise all prospective bidders to read the Terms & Conditions of the Auction Sale before bidding in a Dixon's Crumpton Auction Sale. By placing a bid the bidder is bound by those Terms and Conditions of the Sale, as amended by any oral announcement or posted notices, which together form the contract of the sale between the successful bidder (purchaser), Dixon's Crumpton Auction and the seller (consignor) of the lot(s).
1. All property is sold "As Is, Where Is", and All Sales are Final. There are no bid reversals or refunds.
2. INSPECTION: Property is open to thorough public inspection. The bidder is invited, urged and cautioned to inspect the property prior to bidding. Property will be available for inspection at the places and times specified. It is the Bidder's responsibility to determine condition, age, genuineness, authenticity, value or any other determinative factor prior to placing a bid on an item. Bidder shall be the sole judge of value. Dixon's Crumpton Auction may attempt to describe the merchandise in advertising, on the internet, over the phone and at the auction but makes no representations. Persons in attendance during inspection, sale or removal of merchandise assume all risks of damage or loss to persons, property, or merchandise and shall exercise proper precautions at all times for the protection of persons and property and shall comply with all safety and health requirements as directed by Auctioneer, and local, state and federal regulations. Auctioneer, its agents, its employees and representatives shall not be liable by reason of any defect in or about the condition of the premises on which the auction is held. Buyer specifically releases Auctioneer, its agents and representatives from all liability thereof. In no event shall Dixon's Crumpton Auction be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose.
3. BIDDER REGISTRATION: Bidder must be 18 years of age or older, and is required to register for each auction. To participate in this Auction prospective bidders must register & provide identification information to establish that you are a valid bidder: At the time of registration, we collect information about you to verify who you are before you can bid. Bidders must submit information found to be current, complete, and accurate for proper identification. We collect credit card information to ensure that you are a qualified buyer. Bidder is responsible for security of his/her bidding number/user name and password, and any and all bids placed under the assigned number/ID. Auctioneer should be notified immediately if the Bidder believes his/her bid number, account and/or password have been compromised.
There is no cost to register for an auction (A $1 Authorization will be charged when you initially register to validate your credit card by Auctionflex Hibid.) The Authorization is never deducted from your account. It verifies that the card being placed on file is legitimate. The Billing information including address will be validated through this authorization. If the Billing information on the Card doesn't match your shipping information the card may be rejected for possible fraud activity.
Dixon’s Crumpton Auction, at its sole discretion, reserves the right to terminate any registration, deny any person for any reason permission or access to bid, to reject any and all bids, and to suspend or ban Bidders from bidding. Bidder registration is not transferable or assignable.
Highbid User Ratings. Every bidder starts with a reputation of 0 and, with activity, this score goes up or down to a value between -100 (very bad) and 100 (very good). Any bidder with a reputation lower than +1 will have their auction bid permission set to pending. We will verify your information if you are a new bidder with a reputation of "0". Once approved or declined you will receive an email confirmation. If you have a negative user rating/score on Hibid or Proxibid the Dixon's Crumpton Auction At its sole discretion may decline any and all bids placed by your account. As a last resort if we find you to be a non paying bidder or using fraudulent registration and/or credit card information you may be permanently declined from bidding at our auctions.
Once a new HiBid customer has participated/purchased items in a few auctions you will start to build up positive feedback with a successful pay and pickup transaction. Once you have a positive feedback rating your account will normally be automatically approved for auctions conducted on HiBid by Dixon's Crumpton Auction Auctioneers for a preset bidding amount. That amount is normally equal to the highest priced item in the Auction. If we have a vehicle that is worth $4,000 we would say that $5,000 would be the maximum high bid that would automatically be approved on your account. Anything above that would require approval.
NOTE: If you are a new bidder to HiBid/Dixon's Crumpton Auction with a "0" feedback rating we will verify your registration information and assign your account a Maximum Preset High bid (Per Item) amount. This amount will be a Maximum of $500 per item and will depend on the Auction. This pre-approval amount will be reflected in the Bidder Acceptance email once your account has been approved. We recommend that when bidding place yours bids early so that you will know that your bid will be accepted. Don't wait until the final minute before the item closes to try to bid. In this scenario for example if you had been approved for a $500 max high bid per item and the bidding is already over $500. If you bid $750 your bid will be set to pending, a notification is sent to us and it is nearly impossible to act upon that less than 60 Seconds. If you know you will be bidding higher than the amount that you were approved for in the email contact us prior to the item ending and we can make a manual change.
4. All items offered online will have a minimum starting bid as displayed on the online catalogue. Online bids lower than minimum will not be accepted.
5. CATALOGUE ERRORS & OMISSIONS: If a description does not match a picture in a lot, the photos take precedence. If you find an error please contact the Dixon's Crumpton Auction and we will attempt to rectify it. All items are sold on an "as is, where is" basis, with all faults. In the event an item was listed in error or an item can't be located during pick up for any reason, the bidder agrees that their maximum recourse is a full refund of the item in question and that all other items bid on remain binding. By bidding you are acknowledging agreement with the terms above. Do not bid unless you agree to all of these terms. The Bidder is responsible for knowing which item is being bid on. If the Bidder is unsure, they should inquire or not bid. When becoming the winning bidder at auction you have effected a contract and will be expected to pay for items in which you were evidenced to be the successful bidder. Auctioneer will not honor "mistakes".
6. REVIEWING YOUR BIDS: During an auction you can check the status of your bids at any time by logging into your Hibid account. Please be careful when placing bids. Placing a bid is a two step process. When you click the bid button it will pull up a window verifying that you want to place that bid. If you want to place the next bid increment that the computer is asking for you can do that. If you desire to increase the amount of your bid this screen will allow you to bid a higher amount. Ensure that you type in the correct amount. If you make an error the Dixon's Crumpton Auction can attempt to correct it but it has to be in a timely manner before the item closes. In order to make a correction you must contact the Dixon's Crumpton Auctionat 410-928-3006. We have a staff member in the office during all online auctions. You are responsible for the bids that you place. Note that no bids can be withdrawn after the auction for any reason.
7. PROGRESSION OF THE AUCTION: Auctions are typically uploaded to the HiBid Auction Platform 3-5 days before the auction is scheduled to end. Each Auction will have a scheduled time that each auction's items will begin closing. If an auction starts closing on a Wednesday night at 5 PM the first lot will be scheduled to close at that time. Depending on the quantity of items in the Auction lots may be scheduled to end anywhere between 5 to 30 seconds apart. Each lot will show a scheduled ending time. If no one bids in the final minute before a lot is scheduled to close that lot will close out. If someone bids within the final minute before that lot is scheduled to close, 1 Extra minute will be added to that lot and that lot only to allow additional time for people to bid. The remaining lots behind that lot will continue to close as scheduled unless someone bids in the last minute on that specific lot as well. This is done to prevent a bidder from 'sniping', all bids made in the last minute of the auction will force an item to stay open for an additional 1 minute. This gives the back bidder additional time to increase his/her bid if desired. This process will continue until all bidding has ceased on no one bids within the additional minute that was added.
8. PAYING FOR YOUR PURCHASES: There is no cost to register for an auction. We generally process Credit Card transactions immediately after the Auction. We will Charge the Credit Card that was placed on file at Registration for the Purchase price of your won items including Sales Tax and Buyers Premium. If your Credit Card is declined you will be required to provide another form of payment prior to picking up items.
9. BIDDING NOTIFICATIONS: You can choose to be notified by email during the auction if you have been outbid. Please note that outbid notifications are NOT sent out during the last two hours of the sale. You can watch each item end. If you are the high bidder on an item the item will be highlighted in Green in the Live Auction area. If the lot changes from green to red it means that you have been outbid and would need to bid again At a higher bid. The item will not change back to green until you have surpassed the high bid that the back bidder placed.
10. RESERVE: Seldom are items sold with Reserve. If an item is being sold with a reserve, it will be clearly marked and identified. For items sold with a 'reserve', you will be required to pay a minimum amount in order to win the item.
11. REMOVAL OF ITEMS: All items are sold in place. Buyers are responsible to remove items in a good workmanlike manner. Any plumbing must be shut off before being disconnected and any electrical that is disconnected must be capped. You must bring any and all tools, equipment required to disconnect and remove any items you purchase. You must bring any required labor to assist in carrying your items from the site to your vehicle. We will have staff onsite to assist buyers in finding their items but they will likely not be available to assist in any way with removal of your items. Please plan ahead and come prepared. You are expected to bring boxes, packing materials, tape, tools, wheel carts, dollies or anything else needed to remove your items in a timely manner. Any items not removed by the times shown will be deemed abandoned regardless of the price. If you can't pick your items up during the time scheduled, you are responsible for designating someone to pick your items up during the time that we are scheduled to be there. You have been advised of the preview and pickup dates prior to the auction. If you are unable or unwilling to pick up your items during the scheduled time please don't bid on the items unless you provide someone to pick your items up for you.
12. RISK TO PERSON AND PROPERTY: BY REGISTERING AS A BUYER, YOU AGREE THAT Dixon's Crumpton Auction & THE SELLER/CONSIGNOR ARE NOT LIABLE TO YOU FOR ANY DAMAGE TO THE ITEMS YOU PURCHASED, YOUR OTHER PERSONAL PROPERTY, OR FOR INJURY OR DEATH. Please take care of yourself and your items as you have released us from liability. We will not be liable for damage or injury to individuals or their property. Purchaser assumes all risk and liability whatsoever resulting from the use of the item(s) sold hereunder; and shall defend, indemnify, and save harmless Auctioneer and Seller from any liability.
13. AUCTION RECORDS: In the unlikely event of a dispute, you agree to accept as true the information that we have in our records.
14. ADDITIONS & DELETIONS: We reserve the right to remove and/or add lots and/or items to the sale at any point during the auction.
15. The Auctioneer reserves the right to accept bids in any increment he feels is in the best interest of his client, the Seller. The Auctioneer reserves the right to reject the bidding of any person whose conduct, actions, or adverse comments he feels are not in the best interest of the Seller.
16. Titles will be disbursed on auction day only if payment is made in cash; otherwise they will be mailed when the check clears the bank. This will take approx.10 days for a personal check. If you replace a personal check with a local bank/cashier's check we will be able to hand you the title at that time.
17. SALES TAX: Sales tax will be added to the purchase of all taxable items. Dealers who purchase for resale must file their resale permit numbers. If you are a Maryland Dealer you are required to have a Valid Sales & Use Tax License with the State of Maryland. We are required to verify that the license is Valid before deducting Sales Tax. We will verify the Tax # that you provide and print a Blanket Resale form for your to sign. This needs to be completed before the billing process is initiated. You can't use someone else's Sales & Use License. For Bidders from another state we are required by the State of Maryland to have a copy of your State Business License/Tax License on file in order not to charge Tax.
BUYER'S PREMIUM: A premium of 15% of the bid price will be added to the price of each item purchased. Taxes are calculated AFTER the buyer's premium. The Bidders Payment Type will not affect the Buyer Premium at an Online Only Auction. The buyer's premium includes commissions and/or fee's retained by the Online Bidding Platform company.
18. If the foregoing conditions or any other applicable conditions are not complied with, in addition to other remedies available to Auctioneer and Seller by law, including without limitation, the right to hold the purchaser liable for the bid price, the Auctioneer, at their option may (1) resell the property publicly or privately, with purchaser being liable for the payment of any deficiency plus all costs incurred, or (2) cancel the sale, retaining liquidated damages on all payments made by purchaser, Auctioneer commission and all other incidental damages will be charged.
19. Information in brochures, catalogs and other advertisements are from sources believed to be reliable; however prospective purchasers are urged to inspect the inventory or property to satisfy themselves as to condition, model, manufacturer, year, features, mileage, survey, acres, etc. Neither the Auctioneer or our client make any guarantees and are not responsible for listing or advertising inaccuracies or discrepancies.
20. All statements made by the Auctioneer the day of the auction take precedence over oral statements and/or printed materials.
21. Local Pickup is recommended for this Auction by the Dixon's Crumpton Auction. Buyer is responsible for bringing all Tools, Manpower, Boxes & Packing materials to remove the items in a timely manner.
22. SHIPPING: Dixon’s Crumpton Auction generally does not offer shipping. VIEW NOTE BELOW. However, shipping is available through the local UPS Pack and Ship Store of Chestertown, MD. Please contact them at (410) 778-9446. Dixon’s Crumpton Auction has no affiliation with the Pack and Ship store and has no control over pick-up fees or shipping freight fees through the UPS Store. Dixon's Crumpton Auction is not a shipping company. If you want something packed or shipped please call the UPS Pack and Ship store or any other shipping company of your choosing. Please be advised that this type of shipping can be very expensive. If you choose not to have your items shipped you will be responsible for picking them up from the UPS Store once they have been delivered. You will be responsible for any fees associated that have been incurred. There will be no refunds if you choose not to have your items shipped.
SHIPPING NOTE FIrearms: The Auction Co will remain responsible for the shipment of items to include, Any and All firearms (Handguns, Rifles & Shotguns). Per ATF regulations we are responsible for shipping these items to another FFL in your State in most cases.
SHIPPING NOTE JEWELRY, GOLD/SILVER COINAGE: The Dixon's Crumpton Auctionwill also be responsible for the shipping of most Jewelry, Silver & Gold Coinage/Currency items. We have had a few recent experiences with fraudulent bidding activity with Gold, Silver & Jewelry Purchases. If we suspect any fraudulent activity we reserve the right to hold these items until we can determine the validity of the purchase. This can be accomplished on our end by contacting the Card Issuer and having them contact the buyer to verify the purchase if needed. We will not ship these items to any address other than the verified address associated with the Credit Card.
23. The Dixon's Crumpton Auction reserves the right to extend the bidding time if an error should occur with the online server.
24. By registering for the Auction you hereby agree to receive mail and/or email correspondence from Dixon’s Crumpton Auction from time to time. Auctioneer uses email mailing lists to notify customers about online and live auctions. Customers who do not wish to be notified should contact the office at (410) 928-3006 and request removal from the email mailing list. You can unsubscribe at any time.
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to change its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your creditworthiness. 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 loss), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete a transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly stated 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 the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitutes the entire agreement between you and Sebae and governs 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.