These Bidder Terms and Conditions apply to auctions conducted by ROCKEY AUCTIONS INC. ("Auctioneer"), andconstitute a legal, valid, binding, and enforceable contract between Auctioneer and each Bidder. These bidder termsand conditions also form the basis for the contract of sale between the Seller and the Buyer. For the purposes ofthese Bidder Terms and Conditions, the term ?YOU? refers to each Bidder (as defined below).1. Bidder Terms and Conditions; Posted Terms; Announcements at the Time of the Auction;Agreement to Be Bound. The Auction is conducted under and in accordance with these Bidder Terms andConditions and any and all other terms and conditions posted on the Auctioneer website(s) and on the websites ofany Online Auction Platform Provider(s) used by Auctioneer. The Auction is subject to any announcements orcorrections by Auctioneer. By participating in the Auction in any way, YOU agree to be bound by, and to abide by,these Bidder Terms and Conditions.2. Definitions. The following definitions apply to these Bidder Terms and Conditions:?Auction? means an online auction sale conducted by Auctioneer."Bidder" means any person or entity, and the agents or representatives of any such person or entity, thatregisters, and/or bids, and/or buys, and/or otherwise participates in the Auction (including, without beinglimited to, inspection and/or pick-up), regardless of whether such person or entity tenders a bid."Bidder Account" means the number or other identifier issued by Auctioneer to a Bidder."Bidder Registration" means the information provided by a prospective Bidder, and the process of registeringsuch prospective Bidder to bid at the Auction, including the prospective Bidder's agreement to be bound bythese Bidder Terms and Conditions."Bidder Terms and Conditions" means these Bidder Terms and Conditions."Buyer" means the Winning Bidder on a Lot."Buyer's Premium" is an amount with respect to each Lot, calculated as a percentage of the Hammer Price,that is payable by the Buyer to Auctioneer for its own account."Contract Price" means an amount equal to the Hammer Price plus the Buyer's Premium.?Delivery? means the transfer of possession a Lot or Lots to the Buyer. Unless otherwise stated in writing,Delivery of a Lot will occur where the Lot is physically located during the Auction or at such other address asindicated on Auctioneer?s website. Delivery does not mean that Auctioneer will move or relocate any Lotfrom its physical location during the Auction, or as indicated on Auctioneer?s website, to any other locationdirected by the Buyer. Unless otherwise expressly agreed in writing, Auctioneer will not move or relocateany Lot(s) on behalf of the Buyer."Fall of the Hammer" means the point, after bids have been received, at which Auctioneer declares a Lot"sold" to the Bidder acknowledged by Auctioneer as having made the Winning Bid. During an onlineAuction, the Fall of the Hammer will occur electronically at the end of timed (or extended) bidding."Hammer Price" means the High Bid amount recognized by Auctioneer with the Fall of the Hammer.- 2 -"High Bid" means the amount recognized by Auctioneer as the highest bid at the conclusion of bidding on aLot."High Bidder" means the Bidder recognized by Auctioneer as having made the High Bid on a Lot."High Estimate" means an amount that Auctioneer anticipates that a Lot may bring at the high end of aspectrum of possible bids. The High Estimate, if used, is not a valuation or appraisal, and cannot be reliedon as such."Lot" means each individual item or grouping of personal property put up at one time by Auctioneer."Low Estimate" means an amount that Auctioneer anticipates that a Lot may bring at the low end of aspectrum of possible bids. The Low Estimate, if used, is not a valuation or appraisal, and cannot be reliedon as such."No Sale" occurs if a Lot is put up at the Auction but is not sold, and Auctioneer passes on such Lot,withdraws the Lot, or declares a No Sale of the Lot."Online Auction Platform" means any hardware and/or software utilized to conduct the Auction online and tofacilitate online bidding, including any associated, adjunct, and/or complementary websites, services,premiums, and promotions. Auctioneer may utilize one or more Online Auction Platforms."Online Auction Platform Provider" means the provider of an Online Auction Platform and related services.Auctioneer may utilize one or more Online Auction Platform Providers."Online Bidding Period" means any established period during which online bids may be tendered.?Private Sale? means an event in which a Lot is sold (or gifted) by the Seller, or on the Seller?s behalf, otherthan at the Auction.?Private Sale Price? means the fair market purchase price of a Lot paid, or agreed to be paid, at a PrivateSale in an arms-length transaction between the Seller and the purchaser. If a Lot is sold through a PrivateSale for less than its fair market value, or in a transaction that is not an arms-length transaction, or is giftedby the Seller, the Private Sale Price will be an amount equal to the fair market value of the Lot in an armslengthtransaction."Reserve" or "With Reserve" means that property put up at auction may be withdrawn by Auctioneer and/orbids may be rejected by Auctioneer prior to the Fall of the Hammer. It is not necessary for there to be aReserve Price for an Auction to be With Reserve. UNLESS SPECIFICALLY AND EXPRESSLY STATEDOTHERWISE BY AUCTIONEER IN WRITING, ALL LOTS ARE BEING SOLD WITH RESERVE."Reserve Price" means the minimum price that Seller is willing to accept for a Lot. If a Lot put up WithReserve is subject to a Reserve Price, the Lot will not be sold unless the Reserve Price is met or waived. Itis not required for any Reserve Price to be disclosed."Winning Bid" means the highest bid received and accepted (and if Subject to Seller's Confirmation,confirmed by Seller)."Winning Bidder" means the Bidder who is recognized by Auctioneer as having made the Winning Bid."Without Reserve" means Absolute.3. Bidder Registration; Bidder Qualification. YOU must register to bid. Auctioneer may establish suchBidder Registration requirements and Bidder qualifications as Auctioneer determines, in its discretion, to bereasonably necessary or appropriate. In order to register to bid, YOU must provide such information (includingidentifying information and qualifications) as requested by Auctioneer. Auctioneer may refuse to accept a BidderRegistration from any potential Bidder, may refuse to grant bidding privileges to any potential Bidder, and may revokethe Bidder Registration or bidding privileges of any Bidder. By registering to bid, YOU represent to Auctioneer that, ifYOU are a natural person, YOU are at least eighteen (18) years of age and that YOU are otherwise legally able toenter into a contract. Each entity registering to bid represents that it has the power and authority to register, to bid,- 3 -and to complete the purchase transaction if it is the Winning Bidder. YOU acknowledge and agree that YOU haveread, understand, and agree to be bound by, these Bidder Terms and Conditions, any and all other terms andconditions posted on the Auctioneer website(s), and the terms and conditions posted on the websites of any OnlineAuction Platform Provider(s) used by Auctioneer. Auctioneer may, in its absolute discretion, receive bids from aperson or entity that has not registered to bid, and/or who has not satisfied all requirements for Bidder Registration,and/or that has not previously been granted bidding privileges, and, by bidding, such person or entity will be bound bythese Bidder Terms and Conditions, any and all other terms and conditions posted on the Auctioneer website(s), andthe terms and conditions posted on the websites of any Online Auction Platform Provider(s) used by Auctioneer.Bidder qualification provisions are intended for the benefit of Auctioneer and its Seller(s), and create no rights orinterests in any other persons, including competing Bidders. Auctioneer and/or its Seller(s) may (but will not berequired to) waive any Bidder qualifications, either globally or on a case by case basis.4. Bids Received in the Commonwealth of Pennsylvania. Notwithstanding YOUR physical location or thephysical location of any Lot(s), all bids and payments are received in the Commonwealth of Pennsylvania.5. Buyer's Premium. A Buyer?s Premium, or Buyer?s fee, will be charged on all Lots. The Buyer's Premium,which will be paid by the Buyer to Auctioneer for its own account, will be calculated as a percentage of the HammerPrice for each Lot, and will be added to the Hammer Price to determine the final Contract Price. The Buyer'sPremium will be THIRTEEN percent (13%) of the Hammer Price for each Lot, and is earned by (and may beretained by) Auctioneer with the Fall of the Hammer.6. Access to Online Auction Platform; Premises; Reviews. YOU assume all risks associated with YOURaccess to the Auction, including the Online Auction Platform, the premises of Auctioneer, and any other physicallocation associated with Auctioneer or the Auction. Any person may be denied access to the Auction, the OnlineAuction Platform, and the premises of Auctioneer or any other physical location associated with Auctioneer or theAuction. Auctioneer reserves the right to post truthful reviews of Bidders, including blocked Bidders, on social mediaand elsewhere.7. Nature of the Auction. Unless expressly stated otherwise in writing, the Auction will be With Reserve.Auctioneer may Withdraw any Lot prior to the Fall of the Hammer on such Lot.8. No Bid Retraction. YOU may not retract a bid that has been acknowledged by Auctioneer or that has beensubmitted online. YOU acknowledge and agree that Auctioneer is acting in reliance on tendered bids in the conductof the Auction, and that bid retraction is disruptive and interferes with the Auction, and that, as an inducement forAuctioneer to accept YOUR Registration and to grant YOU bidding privileges, and for YOU to bid at the Auction, YOUagree not to withdraw or to attempt to withdraw any bid tendered by YOU.9. Posted Times. All times are based on the Eastern Standard Time zone (?EST?). Posted closing times andtime displays are approximate. Auctioneer reserves the right, in Auctioneer?s sole and absolute discretion, to closeearly or extend the Auction.10. Handling of Online Bids; Maximum Bid Amounts. YOU may establish a maximum bid amount. OnlineBids will ordinarily be initiated at an established opening bid amount or at the next bid increment, which amount maybe less than YOUR maximum bid amount. Online bids will automatically be executed competitively up to the Fall ofthe Hammer (or other termination of the bidding). The receipt and execution of online bids will not create an agencyrelationship between Auctioneer and YOU.11. Relationship of the Parties. Auctioneer is the agent of the Seller(s) and represents the Seller(s)exclusively. Auctioneer is not YOUR agent or representative and is not acting on YOUR behalf.12. Bid Increments. Auctioneer may establish bid increments, and may modify or change, bid increments.13. Records. Absent clerical errors, the records of Auctioneer will be final and conclusive for all purposes.14. Technology Disruptions. Auctioneer will not be responsible for technology disruptions, errors, or failures(including disruptions to bidding or the failure to execute, recognize, or record online bids), whether caused by (i) lossof connectivity, breakdown, disruption, or failure of the Online Auction Platform, (ii) errors in programming or set-up ofthe online Auction, (iii) breakdown, disruption, or failure of a Bidder's internet connection, computer, or system, or (iv)otherwise. Auctioneer may, but will not be required to, continue, suspend, delay, extend, reschedule, close, re-set, orthirteen 13- 4 -re-start the Auction because of disruptions caused by technology failures or errors, even after bidding hascommenced.15. Failures by Online Auction Platform Provider and its Affiliates or Contractors. Auctioneer may use anOnline Auction Platform Provider to facilitate the Auction. Under no circumstances will Auctioneer be liable for anyfailure of the Online Auction Platform Provider to perform all or any of its obligations, or for the failure of any affiliates,employees, agents, representatives, or contractors of the Online Auction Platform Provider to perform theirobligations.16. Auto-Extend Feature. Any Online Bidding Period may include an auto-extend feature. This means that, ifan online bid is entered within TWO (2) minutes of the scheduled closing of the established Online Bidding Period,the Online Bidding Period will automatically be extended for an additional TWO(2) minutes, and will continue to beso extended until there is a set period of time that lapses during which no advancing online bids are received, afterwhich bidding will close.17. Disclaimer Regarding Online Auction Platform(s). Auctioneer makes no representations or warranties,and disclaims all representations and warranties, (i) that any Online Auction Platform(s) or any related website(s) ortechnology will be uninterrupted, error free or virus free, (ii) as to the results that may be obtained by using any OnlineAuction Platform(s) or any related website(s) or technology, or (iii) as to the accuracy, completeness, reliability,security, or current nature of any Online Auction Platform(s), or any related website(s) or technology.18. Responsibility for Online Bids. YOU are responsible for all bids transmitted from YOUR computer or fromYOUR Bidder Account. If a Winning Bid is sent from YOUR computer or using YOUR Bidder Account, YOU will bethe Buyer on certification by Auctioneer.19. Winning Bidders Subject to Final Certification by Auctioneer. The final determination of the WinningBidder is subject to certification by Auctioneer, and any email or electronic message (whether generated manually orautomatically) is subject to such certification.20. Winning Bid; Buyer. Pursuant to these Bidder Terms and Conditions, the Bidder making the Winning Bidfor any Lot, will be the Buyer of the Lot on final certification by Auctioneer.21. All Property Sold "AS IS", "WHERE IS", and "WITH ALL FAULTS". ALL PROPERTY IS BEINGOFFERED AND SOLD IN ITS ?AS IS/WHERE IS? CONDITION AT THE TIME OF THE AUCTION, WITH ALLFAULTS, INCLUDING ANY HIDDEN DEFECTS OF ANY NATURE. NEITHER AUCTIONEER NOR ANY SELLERMAKES ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED,REGARDING THE NATURE, VALUE, SOURCE, AUTHENTICITY, FITNESS, MERCHANTABILITY, AND/OR ANYOTHER ASPECT OR CHARACTERISTICS OF SUCH PROPERTY. NO STATEMENT ANYWHERE, WHETHEREXPRESS OR IMPLIED, INCLUDING VERBAL STATEMENTS MADE BY AUCTIONEER, WILL BE DEEMED AWARRANTY OR REPRESENTATION BY AUCTIONEER OR ANY SELLER. WITHOUT LIMITING THEGENERALITY OF THE FOREGOING, THERE ARE NO WARRANTIES OF TITLE, NON-INFRINGEMENT,AUTHENTICITY, ORIGIN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICHARE EXPRESSLY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU CANNOT RELY ON, ANDYOU HAVE NOT RELIED ON, ANY REPRESENTATION, WARRANTY, OR GUARANTY MADE BY ANY SELLEROR ANYONE ACTING AS AGENT OF A SELLER (INCLUDING AUCTIONEER), ORALLY OR IN WRITING,ABOUT ANY LOT. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE HAD A FULL AND FAIROPPORTUNITY TO INSPECT ALL LOTS, AND THAT YOU ARE RELYING SOLELY ON, OR HAVE WAIVED,YOUR INSPECTION AND INVESTIGATION (i) IN DETERMINING WHETHER TO BID, (ii) IN DETERMINING THEAMOUNT OF YOUR BID(S), AND (iii) IN BIDDING. IT IS YOUR RESPONSIBILITY TO DETERMINE CONDITION,AGE, GENUINENESS, VALUE, OR ANY OTHER DETERMINATIVE FACTORS REGARDING ANY LOT ONWHICH YOU BID.22. Bidder's Inspection; Adequacy of Description and Images. YOU are encouraged to inspect the Lot(s),or to have the Lot(s) inspected by YOUR agent or representative before bidding. By bidding, YOU acknowledge andagree that YOU have had a full and fair opportunity to inspect the Lot(s), and that YOU are relying solely on YOURinspection and investigation, or that YOU have waived inspection and investigation, and that you have not relied onany statement, representation, warranty, or guaranty made by any Seller or anyone acting as agent or representativeof a Seller (including Auctioneer), and that any photographs or other images of Lot(s) are adequate for YOURpurposes. YOU acknowledge and agree that have had a full and fair opportunity to conduct any and all due diligencethat you deem necessary or appropriate prior to bidding.one 1one 1- 5 -23. Description of Property. Unless otherwise expressly stated in writing, any description of a Lot is basedsolely on visual impression, and is given solely for identification purposes, and does not create any warranty,expressed or implied, or representation by Auctioneer.24. High and Low Estimates. If and to the extent that High Estimates and Low Estimates are used, they aremerely a guide. You may not rely on High Estimates or Low Estimates as a prediction of the Hammer Price or thevalue of any Lot, or for any other purpose. High and Low Estimates are not a guaranty of price or value, and are notan indicator of the possible re-sale value of any Lot. High Estimates and Low Estimates do not include the Buyer?sPremium.25. Announcements. Announcements made, or posted, by Auctioneer on the day of, or during, the Auction arebinding and take precedence over any prior advertisements or listings.26. Bidding by or on Behalf of Seller(s). Seller(s) may bid directly, or indirectly, on any Lot, and Auctioneermay place bids on a Seller's behalf up to the Reserve Price, if any.27. Conduct of the Auction. Auctioneer will regulate all matters relating to the conduct of the Auction and thedecisions of Auctioneer will be final and binding. Auctioneer will have control over bidding, and Auctioneer willresolve any and all disputes. Auctioneer may, in Auctioneer?s sole and absolute discretion, reopen the bidding (butwill not be required to) if (i) a bid was tendered prior to the fall of the Hammer but went unnoticed by Auctioneer untilcalled to Auctioneer?s attention after the Fall of the Hammer or other termination of the bidding, or (ii) a technologydisruption, failure, or error, caused a bid that was tendered, or attempted to be tendered, prior to the hammer frombeing received or recognized, or (iii) some other error or dispute occurs. Any contracts formed with the Fall of theHammer will be subject to the conditions set forth in this Section. If bidding is reopened, the High Bid recognized byAuctioneer prior to the reopening of the bidding will be held, and may not be retracted, and, if no further bids arereceived, such bid will be the Winning Bid.28. Contract of Sale for Personal Property. No additional or further writing will be required to evidence theexistence of a contract of sale for any Lot sold at the Auction regardless of the Hammer Price, and these BidderTerms and Conditions, together with the records of Auctioneer identifying the Lot, the Hammer Price, and the Buyer,will be conclusive evidence as to the terms of the sale. These Bidder Terms and Conditions will be incorporated intoand made a part of each contract between a Buyer and a Seller.29. Payment. All Lots must be paid for in-full at or before the pick-up date and time set forth in the specificAuction listing (typically the Tuesday immediately following the Auction between 9:00 am and 6:00 pm). Paymentmay be made in cash, by approved check, by credit card, by certified funds, or by wire transfer. Auctioneer mayrequire that the payment of large amounts be made by certified funds or wire transfer. Purchases will be shippedonly after payment has cleared.30. Title. If YOU are certified as the Winning Bidder on a Lot by Auctioneer, YOU will be contractually obligatedto pay the Contract Price for that Lot. However, title and ownership of the Lot will not pass from the Seller to YOUuntil payment is made and clears.31. Delivery; Sales Tax. All Lots will be delivered to YOU at the physical location of such Lot(s) at the close ofthe Auction which will be either (i) at Auctioneer?s location in the Commonwealth of Pennsylvania, or (ii) at such otherlocation inside or outside the Commonwealth of Pennsylvania as indicated in the specific Auction listing, or (iii) asotherwise designated by Auctioneer. Auctioneer has no obligation to move or relocate any Lot(s) to YOUR locationor to a location designated by YOU. YOU may designate, appoint, and empower an agent to accept delivery ofYOUR purchases at the point of delivery, and to arrange for shipment of YOUR property to a location designated byYOU. Unless an exemption applies, all purchases are subject to sales tax in the jurisdiction where delivery occurs asset forth in the specific Auction listing and these Bidder Terms and Conditions. Sales tax will be collected at the pointof delivery as set forth in the specific Auction listing and these Bidder Terms and Conditions and will be remitted tothe applicable taxing authorities. The foregoing notwithstanding, if another jurisdiction or taxing authority (including,without being limited to, the jurisdiction in which YOU reside, conduct business, or maintain the Lot(s) purchased byYOU) requires the collection and remittance of sales tax, use tax, or a similar tax, YOU will be responsible forpayment of an amount equal to such tax. If it is determined that sales tax is collected and paid to the wrong taxingauthority, YOU and Auctioneer will cooperate in efforts to obtain a refund of such tax and its remittance to the propertaxing authority.- 6 -32. Pick-up and Removal; Shipping; Insurance. YOU are responsible for pick-up and removal of Lot(s)purchased by YOU. Pick-up location and removal dates and times will be as posted on Auctioneer?s website orotherwise announced by Auctioneer. Unless otherwise agreed, YOU are solely responsible for the disassembly,rigging, removal, shipping, and transportation of each Lot purchased by YOU. Disassembly and removal must bedone in a workmanlike manner, and YOU will indemnify and hold harmless both Auctioneer and Seller(s) against anyand all damage caused by YOU or YOUR employees, agents, representatives, or independent contractors inconnection with the disassembly or removal of any Lot(s). Any and all damage, including, without being limited todamage to land or buildings, caused by YOU or by YOUR employees, agents, representatives, or independentcontractors, will be repaired by YOU, or at YOUR expense, to the satisfaction of Auctioneer and Seller(s). Any Lot(s)shipped to YOU will be via a shipment contract free on board at the location at which the Lot(s) are handed over tothe United States Postal Service, a common carrier, courier, or other delivery service as indicated in the Auctionlisting. Possession and risk of loss will pass to you at the point of shipment. YOU are responsible for insuring all Lotspurchased by YOU.33. Failure to Pick-up or Arrange for the Delivery; Abandoned Property; Storage. Any Lot(s) not removedwithin FOUR (4) BUSINESS days after the Auction will be deemed abandoned to Auctioneer, even if paid for, and YOUwill give up all rights with respect to such Lot(s). Under any circumstances, YOU are responsible for the full ContractPrice of all Lots on which YOU are the Winning Bidder.34. All Sales Final. ALL SALES ARE FINAL. NO REFUNDS OR RETURNS.35. No Credit Card Chargebacks. YOU agree that such YOU will not, under any circumstances, initiate acredit card chargeback with respect to any purchases at the Auction. YOU further agree that if, in violation of theseTerms and Conditions, a credit card chargeback is initiated, these Bidder Terms and Conditions will be conclusiveevidence of YOUR agreement not to initiate a credit card chargeback; and YOU acknowledge and agree that on thepresentation of these Bidder Terms and Conditions to the bank, credit card company, or other financial institution thatissued the credit card on which charges were made, such bank, credit card company, or other financial institution willreverse or deny any credit card chargeback, and will re-credit all amounts to or for the account of Auctioneer. If, inviolation of these Bidder Terms and Conditions, YOU initiate a credit card chargeback, even if successful, YOU willremain liable for all purchases made at the Auction, and YOU will be responsible for all costs and expenses, includingattorneys' fees, incurred by or on behalf of Auctioneer and/or any Seller(s) in challenging the credit card chargebackand in collecting payment. YOUR agreement not to initiate a credit card chargeback is a condition to YOURRegistration as a Bidder, and for the privilege of bidding at the Auction, and is being made as an inducement forAuctioneer to accept YOUR Registration and to permit YOU to bid at the Auction. Auctioneer is relying on YOURagreement not to initiate a credit card chargeback in accepting YOUR Bidder Registration and in permitting YOU tobid at the Auction.36. Claims. Unless otherwise provided in writing, after a Lot has been picked-up or removed by YOU or onYOUR behalf, no claims or returns will be allowed and there will be no adjustments or rescissions.37. Third-Parties and Subsequent Purchasers. Auctioneer has no relationship with any third-parties orsubsequent purchasers of Lot(s), and no third-party or subsequent purchaser may rely on any statements ordescriptions made by Auctioneer, nor will Auctioneer have any liability to such persons or entities. YOU agree toindemnify Auctioneer and to hold Auctioneer harmless from and against any and all claims made by third-parties orsubsequent purchasers of any Lot(s) purchased by YOU.38. Buyer's Remedies; Bidders/Buyers Not Entitled to Incidental or Consequential Damages. To theextent that YOU may be entitled to any remedies in connection with the Auction, the sole and exclusive remedyavailable to YOU is a return, from Seller, of (i) the Hammer Price actually paid, and (ii) an amount equal to theBuyer?s Premium. Under no circumstances will Auctioneer or the Seller be liable for incidental or consequentialdamages, including, without being limited to lost profits or reduced productivity. YOU, further, acknowledge andagree that YOU are not entitled to specific performance or other equitable relief.39. Seller's Remedies. If YOU breach any obligations under these Terms and Conditions or under a contractwith a Seller, such property may be re-sold and YOU will be responsible for any and all damages, including anydeficiency or reduction in the Contract Price, along with incidental damages.41. Waiver. Certain provisions of these Bidder Terms and Conditions are for the exclusive benefit of Auctioneerand/or Seller(s). Such provisions (including, without being limited to, Bidder registration and qualificationfour 4- 7 -requirements, payment terms, removal and delivery terms, and inspection terms) do not create, and will not bedeemed to create, any benefits or rights in favor of any other persons, including competing Bidders, and may not beenforced by any other persons. Either globally or on a case by case basis Auctioneer and/or Seller may (but will notbe required to) waive any provisions of these Bidder Terms and Conditions that are intended for the benefit ofAuctioneer and/or Seller.42. Indemnification. YOU agree to indemnify Auctioneer, and to hold Auctioneer harmless, with respect to anydamages claimed in connection with the Auction or purchases made at the Auction and with respect to anysubsequent sale of Lots.43. Email List; Agreement to Receive Email. YOU agree to be added to the email list maintained byAuctioneer. Each email Auctioneer sends will have an unsubscribe link at the bottom of the email. YOU agree not toreport any email sent by or on behalf of Auctioneer as spam.44. Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. These Bidder Terms and Conditions will begoverned by and construed in accordance with the laws of the Commonwealth of Pennsylvania, including its statutesof limitations, but without regard to its rules governing conflict of laws. All claims, disputes, and other mattersbetween the parties will be brought in the state or federal courts sitting in and for Butler County, Pennsylvania, whichcourts will have exclusive jurisdiction, and will be the exclusive venue, for any and all such claims, disputes, and othermatters. YOU irrevocably and unconditionally (i) agree that any claim, suit or cause of action relating to the Auction,these Bidder Terms and Conditions, or the transactions contemplated hereby, will be brought in the state or federalcourts sitting in and for Butler County, Pennsylvania; (ii) consent to the jurisdiction of such courts for any such claim,suit or cause of action; (iii) waive any objection that such party may have to the laying of venue of any such claim, suitor cause of action in such courts; and (iv) waive any objection to the bringing of such claim, suit or cause of action insuch courts on the grounds of an inconvenient forum. YOU waive the right to a jury trial.45. Attorneys? Fees. YOU breach YOUR obligations under these Bidder Terms and Conditions, Auctioneerand/or Seller will be entitled to recover all costs and expenses, including attorneys? fees incurred in enforcing theirrespective rights hereunder.46. Acceptance of Bidder Terms and Conditions. YOU acknowledge and agree that YOU have had a fulland fair opportunity to review these Bidder Terms and Conditions, and that you have read these Bidder Terms andConditions, you understand these Bidder Terms and Conditions, and you accept and agree to be bound by these terms and conditions.