AGREEMENT BETWEEN USER AND REI Auctions
The REI Auctions Web Site is comprised of various Web pages operated by REI Auctions.
The REI Auctions Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the REI Auctions Web Site constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS
REI Auctions reserves the right to change the terms, conditions, and notices under which the REI Auctions Web Site is offered, including but not limited to the charges associated with the use of the REI Auctions Web Site.
Except as expressly set forth by REI Auctions, you may not do any of the following, nor permit any third party to do any of the following: (a) use, reproduce, modify or prepare derivative works of any portion of the Service or incorporate any portion of the Service into any other Service; (b) transfer, encumber, sublicense, disclose, rent, lease, offer for timesharing or distribute any portion of the Service; or (c) remove, obscure, deface or fail to reproduce in any copy any copyright, trademark or other proprietary rights notice contained in any part of the Service. In addition, you will not do any of the following, nor permit any third party to do any of the following, to any portion of the Software: reverse engineer, decompile, disassemble or otherwise attempt to determine the source code, ideas, algorithms or structure underlying any of the Software.
Anyone who places an auction "Listing" on this site must be a licensed real estate agent in the state the property is located or a builder or a bank.Agent:
An "Agent" on this site shall be defined as a real estate agent acting as a Listing Agent or Buyer Agent.Bidder:
A "Bidder" shall be defined as a registered bidder on the REI Auctions Web Site.Duration:
The "Duration" is the time frame during which a property is listed on the site to receive bids.
Each Agent who lists properties on this site shall be required to adhere to the following terms and conditions. If an Agent does not follow these terms and conditions, his or her rights to list properties on the site shall be revoked. Agent agrees to release and hold harmless REI Auctions from any claims that may arise from the Bidder's actions related to any transaction on REIAuctions.comReal Estate Licensees
Licensed agents, brokers, or other licensed real estate professionals must ensure that their item description conforms to all laws and regulations applicable to online advertising of properties by such licensees. These requirements may include, among other things, disclosure of the licensee's name, any firm with which the licensee is affiliated, office location, and the jurisdiction(s) where the licensee is licensed. Individuals without Real Estate License
A user may not list real estate unless the user is a licensed real estate professional in the state the property is located or is a builder or a bank.Professional Assistance
The purchase and sale of real estate is a complicated matter that is governed by laws, practices and customs that vary significantly from locality to locality. Agents are advised that many jurisdictions require that you provide a disclosure statement to all prospective buyers regarding the condition of the property. In addition, under U.S. federal law, sellers have an obligation to disclose information on lead-based paint hazards. Members are strongly advised to seek the help of a licensed real estate professional and/or a real estate attorney to help in the negotiation and sale of any real estate.
Each Agent is responsible for maintaining complete and accurate information on the properties that he or she lists for bidding. It is recommended that any agent placing a property for auction on the REI Auctions Web Site should have an auction pricing addendum agreed upon and signed by the owner(s) of the property. The pricing addendum should state "I agree to have my agent place this property up for competitive bidding online and I agree that I will accept any bid at or above my reserve price of $(price)." The pricing addendum protects the agent from owner(s) increasing his or her targeted reserve price after the auction bidding begins.
Each Agent shall maintain control over his or her property listings and shall encourage each potential buyer that he or she comes in contact with to place their bids through the website.
Agent and Seller agree that they will not bid on or artificially influence bidding on properties they have posted for auction on the REI Auctions Web Site. If an Agent or Seller is found to be bidding on or attempting to influence bidding on properties he or she has posted on the REI Auctions Web Site, any and all existing Agent privileges shall be revoked and the property may be removed from the site.
Each Agent who lists a property on the REI Auctions Web Site agrees to act with honesty and integrity. Each Agent agrees to deal honestly, fairly and courteously with all Bidders provided by REI Auctions. Rude or arrogant behavior in dealings with Bidders shall be grounds for REI Auctions to revoke an Agent's right to list and sell properties on this site.
Each Agent agrees that he or she shall leave a posted property on the site for the Duration of the event as selected by the Agent.
Any property can be removed from the site at any time prior to or during the event time frame unless it has received active bids. If there are active bids on a property, the property cannot be removed without prior approval from REI Auctions.
Each Agent shall indicate the amount of commission, if any, to be paid to a Buyer Agent for each of its properties. Agents using an MLS or other public listing system agree to update this information if the fees offered on the REI Auctions Web Site differ from those listed elsewhere.
The management of REI Auctions reserves the right to reject any seller or any property in its sole and absolute discretion.
Each Agent understands that REI Auctions is a marketing vehicle only and that there is no agency relationship between REI Auctions and the Agent.
Each Agent agrees to release and hold harmless REI Auctions from any claims that may arise from the Agent's actions related to any transaction resulting from a listing on the site.
REI Auctions gives no warranties as to its abilities to obtain a bid or an acceptable price for a property, or about the financial capabilities of prospective buyers.
No brokerage relationship or any agency or fiduciary relationship is intended to be or shall be deemed to have been created between sellers creating their own listings and REI Auctions. REI Auctions makes no representations about properties advertised on its site, about the sellers of such properties, or about the accuracy of information provided by such sellers, or the accuracy of Internet mapping services. Bidder agrees to release and hold harmless REI Auctions from any claims that may arise from the Seller's actions related to any transaction on REIAuctions.com
Potential buyers MUST NOT bid unless they intend to complete the purchase of the advertised property, subject to terms listed.
Following the close of the auction-style bidding, the sellers and buyers will contact each other to prepare and deliver the appropriate paperwork to buy and sell the property, and to take such other actions as may be required by local laws. Depending on the property, sellers may be required to deliver to buyers a disclosure statement prior to a sale, and in all cases buyers should conduct their own due diligence related to property inspection, title review, building code compliance, termite inspection, flood plain, hazardous materials and other local issues transparent only to an expert. Property Bidding
REI Auctions services are available only to individuals who can form legally binding contracts under applicable law. REI Auctions services are not available to minors or to previously suspended REI Auctions users.
Bidding on this site is a very simple but sophisticated process. If you intend to bid on a property, registration and identity verification is all that is required. Bidder information and password information is confidential and may not be shared or transferred to another party.
If you intend to bid on a property, it is highly recommended that you register at least 48 hours prior to the close of the bidding, just as a precaution against any potential registration problems.Use of site
Each site user shall act with honesty and integrity while on the site; otherwise user privileges shall be revoked. Each bidder shall review and agree to the Terms of Sale for each individual property listed on the site before placing a bid. REI Auctions may suspend your account, and seek legal remedies, if it at anytime suspects that either as a buyer or seller, you have committed or engaged in fraud or fraudulent activities relating to listings on the site. Any bidder making fraudulent bids on this site, or defaulting on properties won shall be banned from the site indefinitely without any recourse from the bidder.Negotiations & Post Event Activities
Once an online bidding event concludes, the Seller is not under any obligation to negotiate with any bidder. Final Approval by Seller
Each Seller on this site reserves the right to have final approval and acceptance of any an all Purchase Agreements submitted by any broker or bidder, regardless of information provided by this site, any broker or REI Auctions employees.
ONLINE LISTING VENUE
REI Auctions provides an online real estate listing venue that allows for the bidding and transfer of properties via a public forum. REI Auctions does claim to provide an efficient and sophisticated platform that allows sellers to advertise their properties to willing and able buyers. In the event a disruption of internet bidding service (such as a power outage) occurs at the end of an event, REI Auctions reserves the right to extend that particular event for a twenty-four hour period in order to provide bidders a fair chance to compete for the purchase of a property.
REI Auctions - BROKERAGE RELATIONSHIP (AGENCY) DISCLOSURE
REI Auctions holds a real estate and auctioneer license in the state of Missouri. However, unless a property is listed with user id “gfwproperties”, REI Auctions does not act on behalf of any sellers.
All of the following pertains to listings NOT
created by gfwproperties user id:
The role of REI Auctions in the sale of properties is to publish advertising provided by sellers and providing a venue for communications about a property. Accordingly, no brokerage relationship or any agency relationship is intended to be or shall be deemed to have been created between sellers creating their own listings and REI Auctions. REI Auctions makes no representations about properties advertised on its site, about the sellers of such properties, about the accuracy of information provided by such sellers, or the accuracy of Internet mapping services, or about the financial capabilities of prospective buyers. Prospective buyers are advised to perform all due diligence before entering into a contract to purchase property, and, as emphasized above, all parties are encouraged to seek the help of a licensed real estate professional and real estate attorney.
LINKS TO THIRD PARTY SITES
The REI Auctions Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of REI Auctions and REI Auctions is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. REI Auctions is not responsible for webcasting or any other form of transmission received from any Linked Site. REI Auctions is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by REI Auctions of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the REI Auctions Web Site, you warrant to REI Auctions that you will not use the REI Auctions Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the REI Auctions Web Site in any manner which could damage, disable, overburden, or impair the REI Auctions Web Site or interfere with any other party's use and enjoyment of the REI Auctions Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the REI Auctions Web Sites.
USE OF COMMUNICATION SERVICES
The REI Auctions Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
REI Auctions has no obligation to monitor the Communication Services. However, REI Auctions reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. REI Auctions reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
REI Auctions reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in REI Auctions's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. REI Auctions does not control or endorse the content, messages or information found in any Communication Service and, therefore, REI Auctions specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized REI Auctions spokespersons, and their views do not necessarily reflect those of REI Auctions.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO REI Auctions OR POSTED AT ANY REI Auctions WEB SITE
REI Auctions does not claim ownership of the materials you provide to REI Auctions (including feedback and suggestions) or post, upload, input or submit to any REI Auctions Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting REI Auctions, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. REI Auctions is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in REI Auctions's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE REI Auctions WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. REI Auctions AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE REI Auctions WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE REI Auctions WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
REI Auctions AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE REI Auctions WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. REI Auctions AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SERVICE CONTACT : firstname.lastname@example.org
REI Auctions reserves the right, in its sole discretion, to terminate your access to the REI Auctions Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Missouri, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in St. Louis County, Missouri, U.S.A. in all disputes arising out of or relating to the use of the REI Auctions Web Site. Use of the REI Auctions Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and REI Auctions as a result of this agreement or use of the REI Auctions Web Site. REI Auctions's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of REI Auctions's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the REI Auctions Web Site or information provided to or gathered by REI Auctions with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and REI Auctions with respect to the REI Auctions Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and REI Auctions with respect to the REI Auctions Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the REI Auctions Web Site are: Copyright 2006-2017 by REI Auctions and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.