These Website Terms of Use (“Terms of Use”) are applicable to the websites of Auction.com, LLC, and its affiliates and subsidiaries (collectively, “we”, “us”, “our”, “Auction.com”, or the “Company”), including www.auction.com and any other website where these Terms of Use are posted (“Websites”). In addition to the Websites, these Terms of Use are also applicable to all Auction.com tools, documents, applications (including mobile applications), and other services. Collectively, we call all of these Websites, tools, and applications “Services.” Please read this document carefully as it is a legally binding agreement between you and your heirs and representatives (collectively, “you”), and Auction.com.
We’ve included some annotations below certain sections that are not part of the agreement itself, but are intended to highlight important points and help you follow the text.
By accessing or using the Services, you are agreeing to these Terms of Use and entering into a legally binding agreement with us. If you do not agree to the Terms of Use, including the binding arbitration clause and class action waiver contained in Section 13 below, you may not use the Services or create an account.
As our business grows and improves, we may from time to time change these Terms of Use and will post a revised copy on this page. We encourage you to check regularly for any updates. If we make any material changes to these Terms of Use, we will notify you via email or on the Services as appropriate. Otherwise, your continued use of the Services following such changes will constitute your acceptance of the new terms.
By using the Services, you are agreeing to be legally bound by this agreement, including the binding arbitration clause contained below. We may make changes to this agreement from time to time, so be sure to check this page regularly.
You must be at least 18 years old or, if in your jurisdiction the age of majority is above 18 years old, you must be above the age of majority in your jurisdiction, 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 or make an offer in connection with an auction, purchase or sale, or participate in any marketing 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. You are fully responsible for all uses of your password, account and username, or registration, whether by you or others. We are authorized to act on instructions received through use of your account or registration, and are not liable for any loss or damage arising from your failure to comply with this Section. By providing your information, you consent to us contacting you about your interest in us or the Services by email, phone, or through any other contact information you have chosen to provide. For more details, see Section 15.B. below. You may opt out of marketing by following the instructions in our Privacy Statement.
The Services are not intended for users under the age of 18, so you MUST be 18 to use them. If you create an account or register, it is important to keep your information accurate and up to date so that we can contact you with information about the Services. You are responsible for your own account and registration. If you ever forget your password, or believe that someone has accessed your account without your permission, it is important to contact us so that we can assist.
All parts of the Services, including the selection, compilation, arrangement, and presentation of all materials and the Websites, tools, and applications, are copyrighted by us or our licensors and content suppliers, and are protected by U.S. and international laws. You agree to abide by all applicable copyright laws, as well as copyright notices or restrictions posted on the Services, and you acknowledge that use of any content of the Services without our express prior written permission is strictly prohibited. You shall not acquire any proprietary rights, including intellectual property rights, in or to the Services. You acknowledge that the Services are valuable commercial products, the development of which has involved the expenditure of substantial time and money.
You may not use any of our trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you, unless you have our written consent, and you acknowledge that you have no ownership rights in or to any of such items.
You may not frame the Websites. You may link to the Websites, provided that you acknowledge and agree that you will not link the Websites to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights.
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.
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 Terms of Use. 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 Terms of Use. 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.
We own the Services, but allow you to use them only in accordance with the Terms of Use. If you don’t follow those rules, we may terminate your right to use the Services. There are a number of rules you must follow to use the Services. You agree not to use the Services in any way that:
To use the Services, you have to follow our rules. The rules above are designed to keep the Services safe and enjoyable for all users.
You are solely responsible for all content that you post, publish, transmit, upload, distribute or otherwise make available or submit to or through the Services (collectively, “Submissions”). Your Submissions may be identified by your actual name and/or your username. You acknowledge that once published, you cannot withdraw such Submissions. 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 any Submissions throughout the world in any form.
You represent and warrant that you own or otherwise control all of the rights to your Submissions and that your Submissions will not violate the Terms of Use or cause injury to any other person or entity. We take no responsibility and assume no liability for any material, content, opinion, recommendation, or advice provided by you in your Submissions or by any third party. We have no obligation to post any of your Submissions, and reserve the right to post our own versions of that content (including, but not limited to, photos of properties or property descriptions) instead of yours in our sole discretion.
You assign us the right to pursue enforcement of copyright and other intellectual property claims against third parties that have, without authorization, and in violation of the Terms of Use, scraped, copied, or distributed content from your Submissions and for which you have not granted such third parties a separate license to use.
Please review our Privacy Statement prior to making any Submissions. If you do not agree with our Privacy Statement, you may not make any Submissions.
In addition to complying with the rules specified in these Terms of Use, you agree to comply with the following rules when making any Submissions. This list is not meant to be exhaustive, and we reserve the right to determine what types of conduct we consider to be inappropriate use of the Services. In the case of inappropriate use, we may take such measures as we determine appropriate, in our sole discretion. By way of example, and not as limitation, you agree to abide by the following rules when making any Submissions: 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 Terms of Use, you agree that we can take legal action against the third party. All Submissions must comply with our rules.
We have adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of our Services who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may provide our Copyright Agent with a written DMCA Notice of Alleged Infringement (“Notice”). You must do all of the following in your written Notice for it to be valid: Deliver this Notice, with all items completed, to Company’s Copyright Agent at copyrightnotice@auction.com Auction.com Copyright Agent
You can leave a message for our Copyright Agent at (800) 793-6107, but you cannot use this number to submit a Notice or to otherwise inform us of alleged copyright infringement. To be valid, a Notice must be in writing and must follow the instructions above. Use exactly the procedure described here to notify us of alleged copyright infringement on the Services.
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 or other marketing events, times and locations, relevant 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 or that are submitted by third parties. You acknowledge that we assume no responsibility for such content, services, or information. You acknowledge that such third party content, services and information may have additional terms of use that must be agreed to either prior to or upon accessing and that by accessing such content, services and information you agree to all such additional terms of use. 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.
Any use of available third party content, services, and information shall be your own risk and be used for internal valuation or management purposes usual and customary within the scope of your licensed or regular business activity. In no event shall the Company or any third party provider of such content, services and/or information be liable to you or any third party for any losses, costs or damages arising from or relating to the misuse of, or any errors, omissions, or miscalculations of value contained in, the third party content, services and information provided. Any of the Services such as valuation reports, AVMs, pricing or property information shall not constitute an appraisal or broker price opinion of a subject property and shall be based on public records, market sources or other statistical calculations and is provided on an “as-is, as available” basis with all faults and defects. You are accessing any valuation reports, pricing or property information for your own individual property valuation or management. You shall not use any of the Services for reproduction, sale, distribution, publication, advertising or marketing, or any other commercial exploitation. You understand and acknowledge that you are capable of evaluating the merits and risks of purchasing a property using the Services, and are able to bear any such risks. You also acknowledge that you have consulted with, had the opportunity to consult with, or waive the right to consult with, legal and tax professionals relating to the legal and tax consequences of any documents used in connection with the Services.
You use the Services at your own risk and what you see is what you get. There are many parts of the Services that we do not control or assume responsibility for. For example, we don’t check the accuracy of content on the Services, so use it at your own risk. In particular, YOU are responsible for performing your own diligence on properties marketed on the Services and you agree not to rely solely on the information available on the Services in making decisions about these properties.
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.
Unless a state law provides otherwise, we are not liable to you for any issues arising out of your use of or inability to use the Services, and in no case will we be liable for any damages that exceed the amount you paid to access the Services, if any, or $100, whichever is greater.
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 of your Submissions; or (iv) your breach of the Terms of Use. 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. You agree to defend and hold us harmless against claims and damages caused by your use of the Services or violation of the Terms of Use.
Our use of your information is governed at all times by our Privacy Statement. Our Privacy Statement explains our practices relating to the collection and use of your information in connection with the Services, and is incorporated into these Terms of Use. By using the Services, you consent to the collection and use of your information as set forth in the Privacy Statement. In addition to this agreement, your use of the Services is subject to our Privacy Statement. This document is important, as it governs how we can use your personal and other information. You can stop using the Services at any time and for any reason. Without prior notice, we may revoke your registration, suspend your ability to use certain parts of the Services, and/or terminate your access to the Services at any time in our discretion. We may also modify, suspend, or discontinue the Services. If you breach or threaten to breach any provision of these Terms of Use, in addition to terminating your right to use the Services, we shall be entitled to seek injunctive relief to enforce the provisions hereof, but nothing herein shall preclude us from pursuing any action or other remedy for breach or threatened breach of these Terms of Use. If we prevail in such action, we shall be entitled to recover from you all reasonable costs, expenses, and attorneys’ fees incurred in connection therewith. In order to protect the Services, we reserve the right at any time to block users from certain IP addresses from accessing and using the Services. We may also request that you stop accessing or permanently destroy certain content or information available through the Services. You can stop using the Services at any time, and we have the discretion to discontinue or change the Services, as well as to control who can use the Services. If you violate the Terms of Use, we have the right to seek enforcement of the provisions of the Terms of Use and can also pursue other actions against you that we deem necessary, at your expense.
Please read this section carefully – it may significantly affect your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims.
By using the Services, you irrevocably agree: (a) to waive all rights to trial in a court before a judge or jury on any claim, action or dispute with us or relating in any way to your use of the Services or the interpretation, applicability, enforceability or formation of these Terms of Use including, but not limited to, any claim that all or any part of this agreement is void or voidable (“Claims”); (b) that all Claims will be determined exclusively by final and binding arbitration in Orange County, California before one arbitrator; and (c) that the arbitrator will not have the authority to consolidate the Claims of other users of the Services (“Users”) and will not have the authority to fashion a proceeding as a class or collective action or to award relief to a group or class of Users in one arbitration proceeding.
The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the State of California, Orange County. All parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Claims. However, nothing in this section shall prevent us from enforcing our intellectual property rights and/or remedy unfair competition, misappropriation of trade secrets, unauthorized access, fraud or computer fraud, and/or industrial espionage in court.
Judgment on any arbitration award may be entered in any court having jurisdiction. In any arbitration arising out of or related to these Terms of Use, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be a prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
It is very important that you read and understand this entire section. This section explains that by using the Services, you are agreeing to resolve any dispute related to the Services or these Terms of Use through binding arbitration, and you are giving up your right to resolve disputes in front of a judge or jury. You are also agreeing to arbitrate your claims individually, and not as part of a class action.
We reserve the right to audit and monitor (manually or through automated means) the use of the Services to ensure compliance with the Terms of Use and to maintain and improve the provision of the Services. We also may, but are not required to, monitor the content on the Services using manual review or technical measures to screen, block, filter, edit or remove content. We may terminate or suspend users’ accounts or delete, edit or remove content that we, in our sole discretion, deem illegal, offensive, abusive, in violation of the Terms of Use or our other policies, or otherwise inappropriate or unacceptable. All enforcement determinations are made in our sole discretion, and we will not incur any liability or responsibility if we choose to remove or delete any content.
You acknowledge, consent, and agree that we may access, preserve, and disclose information about your use of the Services, including your communications and content you submit, if required to do so by law or in a good faith believe that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Use; (iii) respond to claims that any content you submit violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of us, our users and the public. We are able at any time to monitor the use of the Services and the content available on the Services. You agree that we may disclose information obtained through the Services in response to a legal request or as required by law. We can also make decisions to change or remove content, or suspend use of the Services, based on content submitted or available on the Services. By providing your telephone number or texting JOIN to a number we give you, you are subscribing to receive Auction.com Asset Update Alerts and/or Auction.com Event Notifications by text message from us to the phone number you provide (and you confirm that you are the owner of that number). Your subscription authorizes us, to the extent permitted by applicable law, to send text messages with marketing messages, alerts and updates about properties you are interested in to the phone number you provide. The frequency of these text messages is recurring and on-going. Message and data rates may apply, which means you may incur charges from your carrier as a result of these messages. You are not required to subscribe or opt in (directly or indirectly) to receive text messages from us as a condition of purchasing any property, goods or services from Auction.com. At any time you may cancel your subscription and opt-out of receiving text messages from us by replying with the word “STOP” to a text message from us or calling us at 800-793-6107. You may request help from us by replying with the word “HELP” to a text message from us, or calling 800-793-6107, or going to www.auction.com/lp/learn-more/smshelp. You also consent to our use of an automatic telephone dialing system for telephone calls and texts (if you have opted-in to receive text message marketing). You may revoke this consent at any time through reasonable means. If your carrier is T-Mobile: T-Mobile is not liable for delayed or undelivered messages. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store electronic communications such that they remain accessible to you in an unchanged form. These are all the general legal terms that govern your use of the Services. For questions about the Services, you should contact customerservice@auction.com or
These Terms of Use were last updated January 24, 2019
Website Terms of Use
1. ACCEPTING THESE TERMS OF USE AND CHANGES TO THESE TERMS OF USE
2. ELIGIBILITY AND REGISTRATION
3. INTELLECTUAL PROPERTY
4. YOUR LICENSE TO USE THE SERVICES
5. SERVICE RULES
6. YOUR CONTENT AND SUBMISSIONS
7. REPORTING COPYRIGHT INFRINGEMENT
“I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“The information in this Notice is accurate and, under penalty of perjury, I affirm that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
1 Mauchly, Irvine, CA 92618
copyrightnotice@auction.com
8. DISCLAIMER OF WARRANTIES
9. LIMITATIONS OF LIABILITY
10. INDEMNITY
11. PRIVACY STATEMENT
12. TERMINATION OR STOPPING USE OF THE SERVICES
13. BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
14. SERVICES AUDITING AND MONITORING
15. GENERAL TERMS
CONTACT US
(800) 793-6107.