By accessing or using the Services, you are agreeing to these Service Terms and entering into a legally binding agreement with us, which terms may change from time to time.
2. ELIGIBILITY AND REGISTRATION
You must be at least 18 years old to use the Services. You may choose to create an account and provide certain information, including a valid email address and a password. If you want to participate in an e-Homebid event, you will have to register with us. You agree to provide accurate and truthful information and to keep it accurate and updated. It is your responsibility to maintain the confidentiality and security of your information, and you agree to notify us if there has been any unauthorized use of your information. You may not share your password with unaffiliated third parties.
3. INTELLECTUAL PROPERTY
The content on the Services is copyrighted. You may use the content, but you may not alter it or change any copyright notices without our permission. You may not use your own web design skills to put “frames” around our Websites and pretend they are yours. You also can’t link to our Websites from websites that contain content we would find objectionable.
4. YOUR LICENSE TO USE THE SERVICES
The Services are owned exclusively by us. However, we grant you a limited, non- exclusive, non-transferable license to access and use the Services only as expressly permitted in the Service Terms. You will not use, copy, adapt, modify, prepare derivative
works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in these Service Terms. Any violation by you of these license provisions may result in the immediate termination of your right to use the Services. We reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws.
5. SERVICE RULES
There are a number of rules you must follow to use the Services. You agree not to use the Services in any way that:
– Violates these Service Terms;
– Allows you to scrape, monitor, or copy any part of the Services in an automated way, using any robot, scraper, or other method of access other than manually accessing the publicly-available portions of the Services;
– Violates the restrictions in any robot exclusion headers of the Services, or bypasses or circumvents other measures to prevent or limit access to the Services;
– Creates any derivative works from the Services;
– Competes with our business or impacts our revenue;
– Impairs our computer systems or transmits software viruses, worms, or other harmful files.
– Interferes with any other party’s use and enjoyment of the Services;
– Attempts to gain unauthorized access to the Services;
– Uses any part of the Services in unsolicited mailings or spam material;
– Violates any third party’s rights, including copyright, trademark, privacy rights, or any other intellectual property or proprietary right; or
– Violates any laws.
6. YOUR CONTENT AND SUBMISSIONS
You are solely responsible for all content that you post or otherwise submit to the Services, and acknowledge that once published, such content cannot always be withdrawn. Unless we indicate otherwise, you grant us, our subsidiaries, and affiliates a nonexclusive, transferrable, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such content throughout the world in any form.
You are responsible for anything you submit to the Services and agree that we do not have to post or keep posted anything you provide. Once you post information on the Internet, it is not always possible to remove, especially if multiple copies exist. When you upload content to the Services, you’re giving us permission to make it available in a variety of different ways (for example, in promotional materials). If a third party uses content you provided in a way that violates these Service Terms, you agree that we can take legal action against the third party.
7. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT ALL INFORMATION CONTAINED IN THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT. We make no representations or guarantees that the Services are compatible with your equipment or that the Services, or that any electronic communications sent by us or our affiliates, are error-free or will be free from loss, destruction, damage, interruption, corruption, attack, viruses, worms, or other harmful, invasive, or corrupted files, interference, hacking, or other security intrusion, and we disclaim any liability relating thereto. You agree that we have the right to change the content or technical specifications of any aspect of the Services at any time in our sole discretion. You further agree that such changes may result in your being unable to access the Services.
We make no guarantees, representations, or warranties that the Services or information available through the Services, or that the use of or result of the use of the Services, will be accurate, reliable, complete, current, uninterrupted, or without errors. Any documents, pictures, or other information available on the Services are for informational purposes only, and may not represent the current condition of a property or the condition of the property at the time of sale. The posting of pictures on the Services does not constitute a guarantee that any items represented in the pictures will be present when a buyer takes possession of a property. You are encouraged to conduct your own due diligence and investigate all matters relating to any properties. It is recommended that you seek independent advice, including legal advice, to perform your due diligence and that you use good faith efforts in determining that the content of all information provided to or obtained by you is accurate.
You understand and acknowledge that the information provided through the Services is subject to change. You should check back frequently for updated information as to the properties and/or mortgage notes available, auction events, times and locations, relevant auction terms, and other matters which may be made available by us or our clients.
Some of the available content, services, and information may include materials that belong to third parties. You acknowledge that we assume no responsibility for such content, services, or information. The content of other websites, services, goods, or advertisements that may be linked to or from the Services is not maintained or controlled by us. We do not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Services; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, or goods, that may be linked to or from the Services; or (c) make any endorsement of any other websites, services, or goods that may be linked to or from the Services.
9. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR SUBSIDIARIES, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICES, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY IN CONNECTION WITH THE SERVICES FOR DAMAGES, WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SERVICES OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
10. INDEMNITY
You agree to indemnify, defend, and hold us ,our subsidiaries, and affiliates harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to: (i) your access to or use of the Services; (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iii) the content you submit to the Services; or (iv) your breach of the Service Terms. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate in such defense. You agree not to settle any matter in which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
e-Homebid TERMS AND CONDITIONS
This bidding will be conducted by A e-Homebid() on behalf of one or more sellers (each, a “Seller”) of real property (“Property”, and collectively, the “Properties”). Each person who participates in any bidding shall be deemed a “Bidder.” As used herein, the terms “bidding”, “Seller” and “Bidder” shall also refer to the respective customers, agents, and affiliates of each. The Bidder that submits the highest bid and is acknowledged by e-Homebid by email or telephone as the winning bidder is the “Winning Bidder”.
e-homebid is acting as a transactional broker, and is not acting as an agent for any Bidder in any capacity. By registering for the auction at www.arealestateauctions.com (“Auctioneer’s Site”), Bidder acknowledges having read, agreed to and accepted these e-homebid Terms and Conditions (“e-Homebid Terms”). By placing a bid on a Property, Bidder shall be deemed to have accepted the terms and conditions that were posted on the Property Page (defined below) for such Property at the time the bid weas submitted. With respect to a particular Property or bid, the terms and conditions posted on the Property Page at the time such bid was submitted shall govern and control over these bidding Terms to the extent of any conflict.
1. BIDDER DUE DILIGENCE
Purchase Documents. Prior to bidding, Bidders must review the purchase agreement, purchase agreement addenda, Seller’s disclosure documentation, and all other transaction documents (collectively, the “Purchase Documents”). The Purchase Documents for each Property can be reviewed on the Property Page. All bids should be based on the terms set forth in the posted Purchase Documents, and Winning Bidders shall accept such terms.
Due Diligence. Prior to bidding, Bidders are required to conduct their own due diligence and investigate all matters relating to the Properties that they are interested in purchasing at the auction. Bidder unconditionally waives its right to inspection of the Property, and the Buyer acknowledges that Seller shall be deemed to have no knowledge of any defects in the Property. Bidder assumes all risks associated with said waiver of inspection. Bidders are encouraged to consult with a licensed real estate broker, contractor, attorney, financial advisor, tax advisor, and/or other professional prior to making a bid.
Property Value. The term “Previously Valued To” displayed on the Property Page for a Property refers to the higher of (a) the appraised value of the Property in connection with the most recent mortgage on the Property, (b) a recent asking price, (c) the assessed value, (d) a recent broker price opinion, or (e) for “Short Sale Market Validation” (as hereinafter defined) Properties only, any existing offer for the Property.
2. BIDDING AND BUYING
All bids are irrevocable. Any bid may be acknowledged by e-homebid as the winning bid, even if such bid is below the “Reserve Price” (as hereinafter defined). Bidders are encouraged to do an “O & E” search, which is a preliminary title search prior to bidding. This can be done by contacting the Closing Agent, Premier Title & Escrow of Florida @ Kirk@PremierTitleCo.com. The fee for this search is a $50.00 non-refundable fee payable by credit card.
Pre-bidding Sales. For some Properties, pre-bidding bids may be submitted at e-homebid Site. All pre-bidding sales shall be governed by these e-Homebid Terms. All bids received will be communicated to the applicable Seller who may accept, or reject such bids in such Seller’s sole and absolute discretion.
Reserve bidding. Except for Properties noted “Absolute bidding” or “Minimum Bid Auction”, all Properties have an unpublished minimum selling price established by Seller (“Reserve Price”). The starting bid is not the Reserve Price. Except where prohibited by law,broker may bid on behalf of Seller on any Property up to the amount of the Reserve Price (and no such bid will result in a sale of the Property). If the Reserve Price is not met, Seller is under no obligation to sell the Property; however, Seller may accept a bid that is below the Reserve Price in its sole discretion. Seller may withdraw a Property at any time prior to the announcement of the completion of the bidding by e-Homebid.
. Properties to be sold without a Reserve Price or minimum bid will be listed in an “Absolute bidding” and will be sold to the highest Bidder.
Minimum Bidding. Properties to be auctioned without a Reserve Price but with a minimum bid will be listed in a “Minimum Bid ” and will be sold to the highest Bidder that bids at or above the minimum bid amount.
Subject to Confirmation. Seller may designate certain bids as “subject to confirmation” in its sole and absolute discretion. In such event, Winning Bidder’s purchase is subject to, and contingent upon, Seller approving the purchase, which approval shall be granted or denied in Seller’s sole and absolute discretion within the time period set forth in the Purchase Documents. Please review the applicable Property Page and the Purchase Documents for further information. Winning Bidder will receive a refund of monies deposited in the event Seller chooses not to approve the purchase.
Buyer’s Premium and Total Purchase Price. The actual total purchase price (“Total Purchase Price”) on the bidding day (and at the closing) will be equal to: Winning Bid Amount, plus all closing costs, plus Buyer Premium 1.5% realtor commission, plus any other disclosed realtor fees (i.e., transaction fee and tecnology fee $299.00). At closing, buyer may also be responsible for such closing costs, including prorated property taxes, HOA maintenance fees, etc. The buyer irrevocably selects Premier Title & Escrow of Florida, Inc., as Closing Agent. The Buyer’s Premium may vary (see the Property Page for details), and in certain circumstances the Buyer’s Premium may be waived at the request of Seller’s lender. The Total Purchase Price will not include other amounts payable by Winning Bidder during closing, such as escrow/closing fees, property taxes, or insurance, as more fully set forth in the Purchase Documents.
Extension of Auction Time. In order to allow final bids to be properly input and processed, Auctioneer may extend the close of bidding for any Property in certain time increments to allow for additional bids. Once an extension of time has elapsed with no additional, higher bids, then the bidding will be closed.
Winning Bid. Winning Bidders will be contacted by an e-Homebid representative with the contact information provided during registration. The sales contract shall be prepared by Florida Attorney Kirk J. Girrbach utilizing the FloridaRealtors/FloridaBar ASIS-3 Rev. 9/14 © Florida Realtors® and The Florida Bar (the “Purchase Documents”), and emailed to the Buyer for signature (or e-signature) and returned with the required escrow deposit. There is no fee for this unless unusual circumstances arise with the terms of the purchase. As between Winning Bidder and Seller, the Purchase Documents supersede any and all other documents or information (including without limitation these e-homebid Terms) and serve as the governing documents for the sale of each Property after execution. Winning Bidder must sign the Purchase Documents within twenty-four (24) hours after notification by a broker or e-Homebid
If a Winning Bidder cannot be reached within twenty-four (24) hours of broker or e-Homebid acknowledgment of the winning bid, or Winning Bidder fails to timely execute the Purchase Documents, broker or e-homebid or Seller may declare Winning Bidder to be in default. In the event of such a declaration, Winning Bidder’s bid shall be null and void and broker or e-homebid and Seller shall have absolutely no further liability or obligation to that Bidder, and the Property may be immediately sold to another Bidder or placed in another auction. In addition, such Winning Bidder shall be subject to liquidated damages as set forth herein.
If the bid is accepted by the Seller, and the Buyer defaults, a $500.00 fee may be charged to the Buyer as liquidated damages and paid to e-homebida virtual realty group llc . This fee shall be charged to the Buyer’s credit card.
Entity Purchasers. Winning Bidders wanting to take title in the name of an entity (not an individual person) must provide the necessary entity formation documents and resolutions authorizing the transaction. Such documents and resolutions must be provided within the timeframe specified by e-homebid or broker (which may be before or after the bidding, in broker and e-homebid sole discretion). Seller, the escrow/closing agent or settlement attorney may require additional documentation prior to closing.
Payment of Deposit and Remaining Balance. The Purchase Documents for each Property will require Winning Bidder to pay a 10% deposit, to the attorney for the Closing Agent, Guardian Law Group of Florida, P.A. via wire transfer in accordance with instructions from the e-homebid and broker representative (the “Earnest Money Deposit”). The amount of the Earnest Money Deposit is specified in the Purchase Documents for each Property. The Earnest Money Deposit must be received (including for Properties sold “subject to confirmation”) no later than 5:00 PM in the time zone where the Property is located on the first business day following the bidding, or if a different time frame is specified the Purchase Documents, no later than the such specified time frame. The balance of the Total Purchase Price, along with all other costs and/or fees, must be paid as required in the Purchase Documents.
If the Earnest Money Deposit is not received as set forth above, then broker or Seller may declare Winning Bidder to be in default. In such event, Winning Bidder shall be subject to liquidated damages as set forth herein.
CANCELLATION/LIQUIDATED DAMAGES. IF WINNING BIDDER BREACHES THESE e-homebid TERMS, THE WINNING BID MAY BE REJECTED BY broker AND/OR SELLER AND WINNING BIDDER’S INITIAL BIDDING DEPOSIT MAY BE RETAINED BY broker AND/OR SELLER AS LIQUIDATED DAMAGES, AND THE PROPERTY MAY BE IMMEDIATELY SOLD TO ANOTHER BIDDER OR PLACED IN ANOTHER . BIDDER HEREBY ACKNOWLEDGES THAT THE ACTUAL DAMAGES RESULTING FROM A BIDDER’S BREACH OF THESE e-homebid TERMS WOULD BE DIFFICULT AND IMPRACTICAL TO CALCULATE. ALL BIDDERS AGREE THAT THE INITIAL BIDDING DEPOSIT IS A REASONABLE PRE- ESTIMATE OF THE RESULTING DAMAGES TO broker AND/OR SELLER AND IS NOT A PENALTY OR FORFEITURE.
Short Sale Properties. Some Properties involve a sale in which the proceeds from selling the Property may fall short of the balance of debts secured by liens against the Property whereby the lien holders are being asked to agree to release their lien on the real estate and accept less than the amount owed on the debt (“Short Sale”). All bids for Short Sale Properties are subject to the approval of all lien holders being asked to agree to release their lien on the Property (the “Short Sale Lender’s Consent”). In the event that the Short Sale Lender’s Consent is not received, the transaction will be cancelled and the Earnest Money Deposit will be returned to Bidder. Please review the applicable Property Page and Purchase Documents for further information.
Short Sale Market Validation Properties: Some Short Sale Properties may have pending offers that are being market tested via the bidding (“Short Sale Market Validation”). For Short Sale Market Validation Properties, Bidder’s Earnest Money Deposit must first be deposited with a Deposit Servicer pending receipt of the Short Sale Lender’s Consent. Bidder may be responsible for any costs associated with the receipt, disbursement or maintenance of such Earnest Money Deposit by Deposit Servicer. If the Short Sale Lender’s Consent is obtained for a Short Sale Market Validation Property, the Earnest Money Deposit will be transferred directly to the escrow/closing agent responsible for closing the purchase and sale of the Property. If the Short Sale Lender’s Consent is not obtained, the Earnest Money Deposit will be returned to Bidder. For Short Sale Market Validation Properties, Auctioneer is acting as Seller’s auctioneer pursuant to an agreement among Seller, Seller’s loan servicer and Seller’s broker, if any, and the Reserve Price is established by Seller’s loan servicer.
Custom Commercial Auction Events. A commercial Property or a combination of commercial Properties may be bidded through a custom e-homebid event (“Custom bidding”) in broker’s sole and absolute discretion. In a Custom bidding, Bidders are invited by brokers or Seller to submit indicative bid(s) (“Indicative Bid(s)”). An Indicative Bid is a non-binding offer to purchase Property before Seller commits to auction the Property on Auctioneer’s bidding platform. In order to submit an Indicative Bid, Bidder must complete an Indicative Bid Form posted on the Property Page prior to the Custom Auction date. No deposit is required to submit an Indicative Bid; however, Bidder registration may be required. Submission and acceptance of an Indicative Bid does not legally bind either Bidder or Seller. In the event Seller decides to auction the Property, Seller will review the Indicative Bid(s) and use them to determine the Bidder(s) that Seller will invite to participate in the Custom Auction (“Invited Bidders”). Invitations to the Custom Auction are granted in Seller’s sole and absolute discretion. The Indicative Bid(s) may also be used to determine whether each Property will be offered individually or whether multiple Properties will be combined within a single auction event. Please review the Property Page and the Purchase Documents for further information.
3. BROKER/AGENT PARTICIPATION
We invite real estate broker and agent participation. There shall be no technology fee due from a participating Listing Agent. Said Listing Agent shall receive 100% of their commission from the seller, and A Real Estate Auctions shall receive 100% of our commission from the buyer. In order to participate, a Listing Agent is required to:
A. Provide their broker’s name and license number;
B. Provide written authorization from the listing broker for this participation; and
C. Have the seller execute a one-time listing agreement to A Real Estate Auctions for this participation.
4. DISCLAIMERS; BIDDER REPRESENTATIONS
brokers makes no representations or warranties as to the accuracy or completeness of any information contained on e-homebid Site, any Property Page, or as otherwise made available by broker, Seller or Seller’s broker. Online bidding is provided on an “as is, as available” basis. NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO brokers’S SITE, THE ONLINE BIDDING PLATFORM OR ANY INFORMATION OR SOFTWARE THEREIN (COLLECTIVELY, “WEBSITE”), AND brokers EXPRESSLY DISCLAIMS ANY SUCH WARRANTIES. EACH BIDDER AGREES TO USE THE WEBSITE AND SERVICES OFFERED BY brokers AT BIDDER’S OWN RISK. Auctioneer makes no representation or warranty relating to management of the purchase and sale process.
BROKERS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY PROPERTY. EACH BIDDER HEREBY RELEASES AUCTIONEER AND ITS EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVES, ATTORNEYS, BROKERS AND AGENTS (“REPRESENTATIVES”) FROM ANY AND ALL CLAIMS THAT ANY SUCH BIDDER MAY NOW HAVE OR HEREAFTER ACQUIRE AGAINST AUCTIONEER OR ANY OF ITS REPRESENTATIVES FOR ANY DAMAGE OR INJURY RESULTING FROM OR RELATING TO ANY ERRORS, OMISSIONS OR OTHER CONDITIONS AFFECTING ANY PROPERTY. THIS RELEASE INCLUDES CLAIMS OF WHICH BIDDER IS PRESENTLY UNAWARE OR DOES NOT PRESENTLY SUSPECT TO EXIST IN BIDDER’S FAVOR WHICH, IF KNOWN BY BIDDER, WOULD MATERIALLY AFFECT BIDDER’S RELEASE OF AUCTIONEER. NO REPRESENTATION OR WARRANTY IS MADE BY BROKERS RELATING TO THE LEGAL SUFFICIENCY OR TAX CONSEQUENCES OF ANY FORM PURCHASE DOCUMENTS PROVIDED OR SUPPLIED BY BROKERS. EACH BIDDER REPRESENTS AND WARRANTS THAT BIDDER HAS CONSULTED WITH, HAD THE OPPORTUNITY TO CONSULT WITH, OR HEREBY WAIVES THE RIGHT TO CONSULT WITH COUNSEL RELATING TO THE LEGAL AND TAX CONSEQUENCES OF ANY SUCH FORMS.User’s Agreement. Terms and Conditions
seb
Welcome to e-Homebid.com, a part e_Homebid.com. By using e-homebid.com (including e-homebid.com. and its related sites, services and tools), you agree to the following terms with homebids.com and the general principles for the websites of our subsidiaries and international affiliates.
This Agreement is effective on April 06, 2010, for current users, and upon acceptance for new users.
Scope
Before you may become a member of e-homebid.com, you must read and accept all of the terms in, and linked to, this User Agreement and the homebids.com Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use e-homebid.com sites or services, or when you use the tools we make available to interact with e-homebid.com sites and services. If you use another e-homebid.com site, you agree to accept the User Agreement and Privacy Policy applicable to that site. Some e-homebid.com sites, services, and tools may have additional or other terms that we provide to you when you use those sites, services, or tools.
Using e-homebid.com
While using e-homebid.com sites, services and tools, you will not:
post content or items in an inappropriate category or areas on our sites and services;
violate any laws, third party rights or our policies;
use our sites, services, or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools;
fail to deliver payment for items purchased by you, unless the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot authenticate the seller’s identity;
fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer’s identity;
manipulate the price of any item or interfere with other users’ listings;
circumvent or manipulate our fee structure, the billing process, or fees owed to e-homebid.com;
post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the sites or using it for purposes unrelated to ORESY.com;
transfer youre-homebid.com account (including Feedback) and user ID to another party without our consent;
distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm e-homebid.com, or the interests or property of e-homebid com users;
export or re-export any e-homebid tools except in compliance with the export control laws of any relevant jurisdictions;
copy, modify, or distribute rights or content from the ORESY.com sites, service, or tools or Oresy.com’s copyrights and trademarks; or
harvest or otherwise collect information about users, including email addresses, without their consent
sell an undivided interest in a land real estate property. An undivided interest is defined as a partial interest by two or more people in the same property. This prohibition shall not apply to mineral rights.
Abusing homebids.com
homebids.com and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our sites and their content, services, and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue homebids.com sites, services, or tools.
Fees and Services
Joining homebids.com and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our fees schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least 14 days’ notice by posting the changes on the homebids.com site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel.)
Content
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
Limitation of Liability
You will not hold homebids.com responsible for other users’ content, actions, or in actions, items they list or their destruction of allegedly fake items. You acknowledge that we are not a traditional auctioneer. Instead, our sites are venues to allow anyone to offer, sell, and buy real estate. We are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety, or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item. A bid or offer initiates a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item.
We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2), unless the buyer and the seller agree otherwise. Further, we cannot guarantee continuous or secure access to our sites, services, or tools, and operation of our sites, services, or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services, and tools.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees (under homebids Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Access and Interference
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees (under homebids.com Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
Additionally, you agree that you will not:
take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of {0} and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of the sites, services, or tools, or any activities conducted on or with the sites, services, or tools; or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the ORESY.com Privacy Policy. We view protection of users’ privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the ORESY.com Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) 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 your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, legal notices shall be served on homebids.com’s national registered agent (in the case of homebids.com) or to the email address you provide to homebids.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Resolution of Disputes
If a dispute arises between you and homebids.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and homebids.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Contact Us page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes – This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against ORESY.com must be resolved exclusively by a state or federal court located in Contra Costa County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Contra Costa County, California for the purpose of litigating all such claims or disputes.
Arbitration Option – For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims – All claims you bring against ORESY.com must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Oresy.com may recover attorneys’ fees and costs up to $1000, provided that ORESY.com has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
General
homebids.com Inc. is located at 2355 San Ramon Valley Blvd, Suite 100, San Ramon, California, 94583. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others doesn’t waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the ORESY.com Message Center. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a “writing” doesn’t include an email message and a signature doesn’t include an electronic signature.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Resolution of Disputes.
In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210
Privacy Policy
Scope
This Privacy Policy describes how we handle your personal information for our services on the ORESY.com websites. It applies generally to the ORESY.com.com website and content and other related websites where this policy appears in the footer of the page. The policy that applies on any of our domains or subdomains is always the policy that appears in the footer of each website.
Our subsidiaries’ and joint ventures’ privacy practices are similar to those described in this Privacy Policy. Subject to the requirements of applicable law, we strive to provide a consistent set of privacy practices throughout the global homebids.com trading community. By accepting the Privacy Policy and the User Agreement in registration, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy.
Collection
You can browse our sites without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information on our servers located in the United States.
We may collect and store the following personal information:
email address, physical contact information, and (depending on the service used) sometimes financial information, such as credit card or bank account numbers;
transactional information based on your activities on the sites (such as bidding, buying, selling, item and content you generate or that relates to your account);
shipping, billing and other information you provide to purchase or ship an item;
other information from your interaction with our sites, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
additional information we ask you to submit to authenticate yourself or if we believe you are violating site policies (for example, we may ask you to send us an ID or bill to verify your address, or to answer additional questions online to help verify your identity or ownership of an item you list);
information from other companies, such as demographic and navigation data; and other supplemental information from third parties (for example, if you incur a debt to homebids.com, we will generally conduct a credit check by obtaining additional information about you from a credit bureau, as permitted by law).
Marketing
We don’t sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising. If you don’t wish to receive marketing communications from us or participate in our ad-customization programs, simply indicate your preference in My Account or by following the directions provided with the communication or advertisement.
Use
Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to:
provide the services and customer support you request;
resolve disputes, collect fees, and troubleshoot problems;
prevent potentially prohibited or illegal activities, and enforce our User Agreement;
customize, measure and improve our services, content and advertising;
tell you about our services and those of our corporate family, targeted marketing, service updates, and promotional offers based on your communication preferences; and
compare information for accuracy, and verify it with third parties.
Our Disclosure of Your Information
We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone’s rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.
We may also share your personal information with:
Service providers under contract who help with our business operations (such as fraud investigations, bill collection, affiliate and rewards programs and co-branded credit cards).
Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service).
Law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity. In such events, we will disclose information relevant to the investigation, such as name, city, state, zip code, telephone number, email address, User ID history, IP address, fraud complaints, and bidding and listing history.
Other business entities, should we plan to merge with or be acquired by that business entity. (Should such a combination occur, we will require that the new combined entity follow this privacy policy with respect to your personal information. If your personal information will be used contrary to this policy, you will receive prior notice.)
Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.
Information You Share on homebids.com
Your Display Name is displayed throughout homebids.com (and so available to the public), and is connected to all of your homebids.com activity. Other people can see your bids, purchases, items for sale, feedback, ratings and associated comments. Notices sent to other community members about suspicious activity and policy violations on our sites refer to Display Names and specific items. So if you associate your name with your Display Name, the people to whom you have revealed your name will be able to personally identify your homebids.com activities.
If you access our sites from a shared computer or a computer in an internet café, certain information about you, such as your Display Name, activity or reminders from ORESY.com, may also be visible to other individuals who use the computer after you.
Using Information from homebids.com
homebids.com enables you to share personal and financial information to complete transactions. We encourage you to disclose your privacy practices and respect the privacy of other users. We cannot guarantee the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partner before entering into a transaction and choosing to share your information. To help protect your privacy, we allow only limited access to other users’ contact, shipping and financial information to facilitate your transactions. When users are involved in a transaction, they may have access to each other’s name, Display Name, email address and other contact information through the means of homebids.com. In all cases, you must give other users a chance to remove themselves from your database and a chance to review what information you have collected about them.
You agree to use user information only for:
Oresy.com transaction-related purposes that are not unsolicited commercial messages;
using services offered through ORESY.com (such as escrow, and fraud complaints), or
other purposes that a user expressly chooses.
Cookies
We use “cookies” (small files placed on your hard drive) on certain of our pages to help analyze our web page flow; customize our services, content and advertising; measure promotional effectiveness, and promote trust and safety.
A few important things you should know about cookies are that:
We offer certain features that are available only through the use of cookies.
We use cookies to help identify you and maintain your signed-in status.
Most cookies are “session cookies,” meaning that they are automatically deleted from your hard drive at the end of a session.
You are always free to decline our cookies if your browser permits, although doing so may interfere with your use of some of our sites or services.
You may encounter cookies from third parties on certain pages of the sites that we do not control. (For example, if you view a web page created by another user, there may be a cookie placed by that web page.)
No Spam, Spyware or Spoofing
We and our users do not tolerate spam. Make sure to set your ORESY.com communication preferences so we communicate to you as you prefer. You are not licensed to add other homebids.com users, even a user who has purchased an item from you, to your mailing list (email or physical mail) without their express consent. To report homebids.com-related spam or spoof emails to homebids.com, please forward the email to spam@Oresy.com or spoof@Oresy.com . You may not use our communication tools to send spam or otherwise send content that would violate our User Agreement. We automatically scan and may manually filter messages to check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store messages sent through these tools.
Account Protection
Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your ORESY.com password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify Oresy.com and change your password.
Accessing, Reviewing and Changing Your Personal Information
You can see, review and change most of your personal information by signing on to ORESY.com. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate. Once you make a public posting, you may not be able to change or remove it. Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our ORESY.com User’s Agreement, and take other actions otherwise permitted by law.
Security
Your information is stored on our servers located in the United States. We treat data as an asset that must be protected and use lots of tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.
Third Parties
Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others, whether they are bidders, buyers or sellers on our sites or other sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. homebids.com does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.
General
We may amend this Privacy Policy at any time by posting the amended terms on this site. All amended terms automatically take effect 30 days after they are initially posted on the site. If your questions are not answered online, you may write to us at: homebids, 2355 San Ramon Valley Blvd Suite 100 San Ramon CA 94583, or using the Contact Us form.
Seller’s Agreement. Terms and Conditions
Policy overview
To run a great business, sellers work hard to ensure a smooth and professional transaction with their buyers. This includes setting buyer expectations and meeting those expectations.
Some of the most basic things you can do are to provide accurate and consistent details about your item and to be clear and specific about the terms and conditions of the sale. You should also make every effort to provide excellent customer service from start to finish, including:
Provide precise and detailed requirements for the buyers to get approval for participating in the bidding/offering process on your item
Responding to buyers’ questions promptly
Being professional throughout the transaction
Making sure the item is sold to the buyer as described in your listing
Be sure to follow the guidelines in this policy. If you don’t, your listings may be removed, and you may be subject to a range of other actions, including restrictions of your buying and selling privileges and suspension of your account.
Item description
The listing page serves as the main source of information for buyers, helping them decide what to buy and what to expect when they get an item. So the page should only be used to describe the item for sale and to professionally communicate the terms of the sale.
You’re required to:
Describe only the item you’re selling in the listing.
It’s important that you clearly specify the terms and conditions of the sale in your listing, so buyers know what to expect.
Provide precise and detailed requirements for the buyers to get approval for participating in the bidding/offering process on your item
Show opens house dates
Attach all mandatory disclosures and reports
Describe if your item is available for viewing at any other dates, besides the open house dates
Describe in details the condition of the item
Attach interior and exterior pictures
You may not:
Include conflicting or misleading product information in a listing. For example, note that an item is located in top rated school district, when it is not.
Include pictures that don’t accurately represent the item for sale.
Include comments that discourage buyers from participating or that could make them lose trust in Oresy.com sellers and our website.
Communication
Do whatever you can to provide excellent customer service. Meeting or exceeding buyers’ expectations can help you improve your performance on ORESY.com:
Respond promptly to any questions during the bidding or buying process, as well as after the item has been purchased.
Communicate professionally, including in your emails.
Be responsive to any buyer concerns or problems.
You’re not allowed to use profane or offensive language with anyone on Oresy.com.
Other rules for sellers
You’re responsible for reviewing and understanding our rules for sellers, as well as all applicable laws and regulations in the User Agreement. Knowing our policies before you list an item can lead to smoother, more successful transactions, and it can help you avoid breaking rules by mistake.
Payment
You’re responsible for all charges up to the amount as set in an online account, and you shall pay all charges in U.S. Dollars. Unless agreed to by the parties in writing, Customer shall pay all charges in accordance with the payment terms. Late payments bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. You’re responsible for paying (y) all taxes, government charges, and (z) reasonable expenses and attorneys fees homebids.com incurs collecting late amounts. To the fullest extent permitted by law, Customer waives all claims relating to charges (including without limitation any claims for charges based on suspected invalid visits) unless claimed within 60 days after the charge (this does not affect Customer’s credit card issuer rights). Charges are solely based on homebids.com’s usage measurements for the applicable item, unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of homebids.com and only in the form of advertising credit for only homebids.com postings. Nothing in these Terms may obligate homebids.com to extend credit to any party. You acknowledge and agree that any credit card and related billing and payment information that you provide to homebids.com may be shared by homebids.com with companies who work on homebids.com’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to homebids.com and servicing your account. homebids.com may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. homebids.com shall not be liable for any use or disclosure of such information by such third parties.
Click here to Reply or Forward
0.93 GB (6%) of 15 GB used
Manage
Terms – Privacy
Last account activity: 5 minutes ago
Details