Auction Terms & Conditions
Concrete Paver Batching Plant Timed Auction - Tucson, Arizona - August, 2018
The following Conditions of Sale, as amended by any posted notices or verbal announcements during the sale, constitute the entire terms and conditions on which property listed in the catalog shall be offered for sale or sold by Ramirez Auction Service Inc. and any consignor of such property for whom we act as agent.
1. As used herein, the term "bid price" means the price at which a lot is successfully sold to the purchaser. The term "purchase price" means the aggregate of (a) the bid price.
2. The highest bidder shall have purchased the offered lot in accordance with all of the conditions set forth herein and (a) assumes full risk and responsibility therefore, (b) if requested will sign a confirmation of purchase, and (c) will pay the purchase price in full or such part as we may require for all lots purchased. No lot may be transferred. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to us and the consignor by law, including without limitation, the right to hold the purchaser liable for the purchase price, we at our option may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property, either publicly or privately, and in such event the purchaser shall be liable for the payment of any deficiency plus all costs and expenses of both sales, our commission at our standard rates, all other charges due hereunder, attorneys fees and incidental damages. If all fees, commissions, bid price and other sums due to us from the purchaser are not paid promptly as provided in these Conditions of Sale, we reserve the right to impose a finance charge equal to 1.5% per month on all amounts due to us beginning on the 31st day following the sale until payment is received, in addition to other remedies available to us by law.
3. AS IS-WHERE IS: Placing bids on items offered in this auction will bind the bidder to all the terms and conditions of this auction. Everything in this auction is being sold "AS IS-WHERE IS" to the highest bidder, without warranty or guarantee of any kind. ALL SALES ARE FINAL. Absolutely NO REFUNDS. Buyer is responsible for his or her bidding and buying decision and further understands and agrees to be bound by the auction terms. The bidder agrees and understands that Ramirez Auction Service Inc. does not test any items and the bidder must rely on his/her own inspection from which to make a bidding decision. Buyer understands that Ramirez Auction Service Inc. will stand behind the descriptions; however, the Buyer MUST NOT rely upon the photographs from which to make a bidding decision. Items described as "In Box" or "In Original Box" may have missing or broken parts. Preview of these items is strongly recommended. Internet Buyers should be at their own risk and factor condition into their bidding price. No warranty or guarantee of working condition is expressed or implied. It is highly recommended that bidders make a physical inspection of items offered. Preview the items in person August 10, 2018 7am-2pm (AZ time) or by appointment by calling Paul Ramirez (520)241-3333.
4. DEPOSIT(S): Online Bidders agree to provide a valid credit card upon registration. Bidder expressly authorizes Auctioneer to charge any provided credit card with a $500 refundable deposit prior to approving any bid. Auctioneer may release this deposit as they see fit.
5. AUTHORIZATION TO PROCESS CREDIT CARD ON FILE: Bidder shall provide a valid credit card upon registration for each online auction. This credit card WILL BE USED FOR PAYMENT should a Bidder place the closing bid and no payment is made prior to the stated removal date. Bidder agrees to allow Auctioneer to process payment without further notice to Buyer, unless Bidder notifies Ramirez Auction Service Inc. of an issue with their invoice within twenty four (24) hours of receiving said invoice. Bidder may contact Auctioneer with updates to their payment information at any time. All registrants, Bidders and Buyers acknowledge that Auctioneer shall not be held liable for any security issues that occur in regard to stored credit card information at anytime. Auctioneer agrees to make a sincere effort to keep any such incident from happening and agrees to notify all registered individuals should such an incident occur.
6. PAYMENT: You agree to make payment in full for all online purchases in U.S. Funds within 2 business days or less of receipt of invoice. State sales tax, transfer, license fees & document fees will be charged where applicable. No items will be released until full payment clears our office. Method of Payment: Wire Transfer ($25 Domestic/$50 International fee), Cash or (Credit Card+ Transaction Fee) Please call for Wire Transfer Instructions: Paul (520) 241-3333 You must include auction date and bidder number as a reference in your wire transfer to ensure proper credit. Personal or Business Checks will not be an accepted form of payment unless prior arrangements have been made.
7. PRICE: Purchase price shall include the bid amount, the Buyer's Premium (14%) set forth herein, taxes and any other fees listed for the auction. In addition, a four (4%) percent charge will be added to all credit card payments. All bids are final and, therefore, should payment fail to be authorized by any financial institution for any reason, Bidder shall remain liable for the statement balances and additional fees may be applied if applicable until balance is paid in full. Auctioneer shall not be required to release possession of any asset until it has been paid for in full, including purchase price, taxes and any additional fees. Ramirez Auction Service Inc. reserves the right to convert any payments to cash before allowing the removal of any lots or items. Please pay with Cash, Visa, Mastercard, Discover or American Express. Invalid or unapproved credit card purchases will be subject to a $50 processing fee for late payment if paid on the first business day following the auction. If the auction proceeds are collected later than the following business day after an auction, an additional daily fee will be added at $10 per day. Failure to pay within seven days of the end of the auction will ban the bidder from participating in any other Ramirez Auction Service Inc. online auction.
8. BUYERS PREMIUM: A 14% Buyers Premium is added to the final bid amount on all items.
9. CREDIT CARD FEE: When paying with credit card or debit card, an additional 4% non-refundable fee is added to the card amount. Fees are subject to change without notice.
10. SALES TAX: Appropriate Sales Tax(s) 8.7% will be charged to all items unless the Buyer has a valid resale license and has completed the AZ 5000 form. Both documents must be on file with Ramirez Auction Service Inc.
a. SALES TAX EXEMPTIONS: Buyers with a VALID exemption certificate are not required to pay sales tax for equipment and miscellaneous, but MUST present a copy of their certificate at time of registration at EACH AUCTION.
b. EXPORTERS: If you take possession of your purchase in the United States, you must pay sales tax. You must provide the following in order not to be charged:
c. BILL OF LADING - All export purchases must be removed by a trucking company. The trucking company will provide a Bill of Lading with the purchases listed
11. BID VERIFICATION & MISREPRESENTATION: We reserve the right to reject a bid from any bidder. Bidder verifies that they are at least eighteen (18) years of age, are of mental capacity to enter into a contract and that Bidder has provided all contact information to the best of Bidder's knowledge. Bidder shall provide a valid ID reflecting the above information upon registration. Any Seller or Buyer who has misrepresented this information in any manner will be banned from further use of this site and may be subject to further legal action. In the event of any dispute between bidders, or in the event the auctioneer doubts the validity of any bid, Ramirez Auction Service Inc. shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, our sales records shall be conclusive in all respects. Bid verification will also be subject to rules and regulations set by Bid Spotter.com
12. RESERVE(S): If a lot is offered subject to a reserve, we may implement such reserve by bidding on behalf of the consignor, whether by opening bidding or continuing bidding in response to other bidders until reaching the reserve. If we have an interest in an offered lot and the proceeds there-from other than our commissions, we may bid therefore to protect such interest. CONSIGNORS ARE NOT ALLOWED TO BID ON THEIR OWN ITEMS.
13. PROVINCE: All statements contained in the catalog or in any bill of sale invoice or elsewhere as to authorship, period, culture, source, origin, measurement, quality, rarity, province, importance, exhibition and literature of historical relevance, or physical condition ARE QUALIFIED STATEMENTS OF OPINION AND NOT REPRESENTATIONS OR WARRANTIES. No employee or agent of Ramirez Auction Service Inc. is authorized to make on our behalf or on that of the consignor any representation or warranty, oral or written, with respect to any property.
14. LOAD OUT: Buyers will be attended to in the order that they arrive. First-come, first-served. Buyers are required to remove the entire lot from the auction location. Failure to do so will result in the Buyer being charged a dump fee. Removal of product is the sole responsibility of the Buyer. Unless prior arrangements have been approved by Ramirez Auction Service Inc., All must be removed by August 31, 2018 4:00pm (AZ time). Failure to claim and remove purchased item(s) from auction location from the date of the above, forfeits the item(s). Ramirez Auction Service Inc. will resale item(s) either publicly or privately. Buyer is liable for the payment, all expenses, storage costs, commission, attorneys' fees and any incidental damages. Buyers are responsible for all title, registration, freight, shipping and other costs related to the general transporting of all equipment or item(s) bought from the Seller's location to the Buyers final destination. It is the Buyers sole responsibility to have all equipment, rolling stock, and/or trailers inspected by a professional mechanic and/or themselves in order for the item to be deemed road worthy, including but not limited to mechanical, brakes, electrical systems and wheels. Other costs may include dismantling, special handling, loading charges, permits and certificates or export fees. Proof of payment is needed before shipping occurs. If you pick up your merchandise in person at one of our auction locations, you need to inspect your item(s) to insure they match the description of the item. If there is a dispute about the item, it must be handled at the time of pick-up in the presence of a Ramirez Auction Service Inc. team member. Buyers and/or authorized representatives for pick up are required to remove the entire lot from the auction location. Failure to do so will result in the Buyer being charged a dumping fee. A third party authorization is required for anyone picking up for the registered bidder. Buyers are responsible for loading their items, bring help!
a. SHIPPING: Shipping and shipping arrangements are the buyer's sole responsibility. Items MUST be removed no later than August 31, 2018. Please contact Paul Ramirez at (520) 241-3333
15. COPYRIGHT: The copyright in the text of the catalog and the photographs, digital images and illustrations of lots in the catalog belong to Ramirez Auction Service Inc. or its licensors. You will not reproduce or permit anyone else to reproduce such text, photographs, digital images or illustrations without our prior written consent.
16. INTERNET BIDDING: It is the sole responsibility of the Internet bidder to be familiar with the Internet bidding process. LIVE INTERNET BIDDERS ARE ADVISED TO HAVE A DSL OR HIGHER INTERNET CONNECTION TO BID DURING THE LIVE AUCTION. Because of the fast paced nature of the auction, a slower internet connection could lead to not being able to bid on the items that you are interested in purchasing. Please leave proxy bids for the auction if you are uncomfortable bidding during the live event. You must participate from your own computer/electronic device at www.bidspotter.com
a. SERVER & SOFTWARE TECHNICAL ISSUES: In the even there are technical difficulties related to the server, software or any other online auction-related technologies, Ramirez Auction Service Inc. reserves the right to extend bidding, continue the bidding, or close the bidding. Neither the compnay providing the software nor Ramirez Auction Service Inc. shall be held responsible for a missed bid or the failure of the software to function properly for any reason.
17. CONDITIONS OF SALE: These Conditions of Sale shall bind the successors and assigns of all bidders and purchasers and insure to the benefit of our successors and assigns. No waiver, amendment or modification of the terms hereof (other than posted notices or oral announcements during the sale) shall bind us unless specifically stated in writing and signed by us. If any part of these Conditions of Sale is for any reason invalid or unenforceable, the rest shall remain valid and enforceable. These Conditions of Sale and the purchaser and our respective rights and obligations hereunder are governed by the laws of the State of Arizona. By bidding at an auction, each purchaser and bidder agrees to be bound by these Conditions of Sale. Any dispute, controversy or claim arising out of or relating to this agreement, or the breach, termination or validity thereof, brought by or against Ramirez Auction Service Inc. (but not including claims brought against the consignor by the purchaser of lots consigned hereunder) shall be resolved by the procedures as set forth.
18. GOVERNING LAW, JURISDICTION AND VENUE: The laws of the State of Arizona (without giving effect to its conflict of laws principles) govern all matters arising out of or relating to this Agreement and the transactions it contemplates, including, without limitation, its interpretation, construction, performance, and enforcement. Except as set forth below concerning arbitration, any claims or actions regarding or arising out of this Agreement shall be brought exclusively in a court of competent jurisdiction sitting in Tucson, Arizona, and each party to this Agreement submits to the nonexclusive jurisdiction of such courts for the purposes of all legal actions and proceedings arising out of or relating to this Agreement. Each party waives, to the fullest extent permitted by law, any objection that it may now or later have to the laying of venue of any legal action or proceeding arising out of or relating to this Agreement brought in any state or federal court sitting in Tucson, Arizona; and any claim that any action or proceeding brought in any such court has been brought in an inconvenient forum.
19. DISPUTE RESOLUTION. Any controversy or claim arising out of or relating to this Agreement, or any breach thereof, must be settled by confidential binding arbitration in Tucson, Arizona in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Either party may, without inconsistency with this agreement to arbitrate, seek from a court any provisional remedy that may be necessary to protect trademarks, copyrights, or other rights or property pending the establishment of the arbitral tribunal or its determination of the merits of the controversy.
20. RECOVERY OF LITIGATION COSTS. If any legal action or other proceeding is brought pursuant to or in connection with these terms or any transaction involving you and Ramirez Auction Service Inc., then, if Ramirez Auction Service Inc. is the prevailing party, it is entitled to recover from you its reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
21. INSURANCE: Ramirez Auction Service Inc. or NSMCI 2 Inc will not be liable for damages, whether general, special, incidental or consequential, however cause, whether by loss, theft or damage, death, including negligence arising out of consignment and/or sale of the Property, including shipping of Property. Any insurance claims arising from the damage of property during shipment or transportation shall be the responsibility of the Buyer. By signing below you agree to not bring any claims/lawsuit against Ramirez Auction Service Inc., NSMCI 2 Inc. or any individual in the Auction.
22. PULLED LOTS: Any lot may be pulled from catalog or on the fly auctions by Ramirez Auction Service Inc. at any time without prior notice.
23. AUCTION CLOSING: Beginning at the stated closing time, the auction software will conclude bidding for each lot every 1 minute in catalog order with the following exception: if a bid is placed with one (1) minute or less remaining for that lot, bidding for that lot will remain open for an additional one (1) minute or until 1 minute passes without any further bid advances. This is referred to as a soft closing, race horse closing or extended bidding on active lots. Because of the fast paced nature of this auction, please leave proxy bids for the auction if you are uncomfortable bidding during the live event. You must participate from your own computer/electronic device at www.bidspotter.com
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.