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.
SELLER TERMS OF USE
Seller:A "Seller" on this site must be a licensed real estate agent in the state the property is located or a builder or 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 Seller who lists properties on this site shall be required to adhere to the following terms and conditions. If a Seller does not follow these terms and conditions, his or her rights to list and sell properties on the site shall be revoked.
Real Estate Licensees Sellers who are licensed as an agent, broker, or other licensed real estate professional 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. Sellers 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 Seller 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 Seller 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 Seller privileges shall be revoked and the property may be removed from the site.
Each Seller who lists a property on the REI Auctions Web Site agrees to act with honesty and integrity. Each Seller 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 a Seller's right to list and sell properties on this site.
Each Seller agrees that he or she shall leave a posted property on the site for the Duration of the event as selected by the Seller.
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 Seller shall indicate the amount of commission, if any, to be paid to a Buyer Agent for each of its properties. Sellers 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 Seller understands that REI Auctions is a marketing vehicle only and that there is no agency relationship between REI Auctions and the Seller.
Each Seller agrees to release and hold harmless REI Auctions from any claims that may arise from the Seller'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.
BIDDER TERMS OF USE
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.
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 BiddingREI 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 siteEach 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 ActivitiesOnce an online bidding event concludes, the Seller is not under any obligation to negotiate with any bidder.
Final Approval by SellerEach 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.
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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.
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Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages.
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Conduct or forward surveys, contests, pyramid schemes or chain letters.
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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.
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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.
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Restrict or inhibit any other user from using and enjoying the Communication
Services.
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Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
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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.
LIABILITY DISCLAIMER
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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
REI Auctions AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE
REI Auctions WEB SITE, WITH THE DELAY OR INABILITY TO USE THE
REI Auctions WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE REI Auctions WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE REI Auctions WEB SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
REI Auctions OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF
THE REI Auctions WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE REI Auctions WEB SITE.
SERVICE CONTACT : support@reiauctions.com
TERMINATION/ACCESS RESTRICTION
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 2008 by REI Auctions and/or its suppliers. All rights reserved.
TRADEMARKS
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.