Last Modified: 09/16/2019
4. RESTRICTIONS ON WEBSITE USE
5. REAL ESTATE BROKERAGE SERVICES / NO AGENCY
Neither A. J. Billig, nor the auctioneer employed by A. J. Billig to conduct any auction is your employee, agent, representative, or contractor with respect to any auction in which you may participate.
6. DISCLAIMERS / RELIANCE ON INFORMATION POSTED
The information presented on or through the Website is made available solely for general information purposes. It is not intended as and does not constitute legal advice and should not be acted on as such. Although this information has been obtained from sources deemed reliable and is believed to be accurate, we do not warrant the accuracy, completeness, or usefulness of this information, including but not limited to information regarding dimensions, square footage or acreage, zoning use or environmental conditions for any specific property listed. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Prospective purchasers are encouraged to perform their own due diligence, in advance of the auction/sale, regarding the permitted uses of the property.
Unless otherwise expressly provided by A. J. Billig, all property is auctioned and sold in its “as-is”, “where-is” condition on the day of the auction. It is the responsibility of the prospective purchaser to determine the nature, condition, and state of title of the property to be purchased at the sale.
7. CHANGES TO THE WEBSITE
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. We reserve the right to withdraw or amend this Website or any Service or any material we provide on the Website, in our sole discretion without notice. We will not be liable to you if for any reason all or any part of the Website is unavailable at any time or for any period.
Authority to cancel any sale advertised on the Website rests solely with the Seller and/or the Trustee and/or Auctioneer. Prospective buyers should disregard all other statements and comments made by any other person or entity regarding minimum bids, pricing and cancellations of the sale. Additional terms may be announced at the time of sale. The Seller(s) and/or Truste(es) reserve: (1) the right to accept or reject any or all bids; (2) the right to modify or waive the requirements for bidders’ deposits and terms of sale and/or settlement; (3) the right to withdraw a property from sale before acceptance of the final bid; and (4) the right to cancel or postpone a sale.
8. INFORMATION DISCLOSURE
9. INTELLECTUAL PROPERTY RIGHTS
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by A. J. Billig, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights or laws.
You must not:
The A. J. Billig name, logos, and all related names, logos, product and service names, designs, and slogans, whether registered or not, are trademarks of A. J. Billig. You must not use such marks without the prior written permission of A. J. Billig. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
11. COPYRIGHT POLICY
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
12. DESIGNATED DMCA COPYRIGHT AGENT
Our designated copyright agent to receive DMCA Notices is:
ALL INQUIRIES TO THE COPYRIGHT AGENT NOT RELATED TO A COPYRIGHT INFRINGEMENT CLAIM WILL RECEIVE NO RESPONSE.
If you provide us with materials such as comments, bug reports, feedback or modifications proposed by you to us, about A. J. Billig., the Website, or the Services (collectively, “Feedback”), then A. J. Billig will have the right to use such Feedback at our discretion, including but not limited to incorporating such Feedback into the Website and the right to assign, license or otherwise use such Feedback. You hereby give A. J. Billig a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate such Feedback and use such Feedback for any purpose. No compensation will be paid with respect to the use of your Feedback.
We have the right to:
14. LINKS FROM THE WEBSITE
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
15. DISCLAIMER OF WARRANTIES
You acknowledge and agree that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. IN NO EVENT SHALL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER A. J. BILLIG NOR ANY PERSON ASSOCIATED WITH A. J. BILLIG MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER A. J. BILLIG NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
A. J. BILLIG HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE, RESULTS, SECURITY, INTEGRATION, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND FITNESS FOR ANY PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. LIMITATION ON LIABILITY
IN NO EVENT WILL A. J. BILLIG, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You will indemnify, defend (or settle) and hold harmless A. J. Billig, its affiliates, board members, officers, employees, and agents (“A. J. Billig Entities”) from all claims, actions, proceedings, losses, settlements, judgments, liabilities, suits, damages, disputes or demands, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, and including reasonable attorney’s fees and all other costs, fees, and expenses (collectively, “Claims”) against any of the A. J. Billig Entities arising out of or in connection with (a) your use of our Services, including any property listing data provided on the Website; (b) violation of these Terms; or (c) violation of any law or third-party’s rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secret, right of privacy or publicity or any other third party right). You will not settle any indemnified claim without the prior written consent of A. J. Billig, such consent not to be unreasonably withheld. In connection with any Claims that may give rise to your indemnification obligations as set forth above, the A. J. Billig Entities shall have the exclusive right, at their option, to defend, compromise and/or settle the suit, action or proceeding, and you shall be bound by the determination of any suit, action or proceeding so defended or any compromise or settlement so effected. The remedies provided in this section are not exclusive of and do not limit any other remedies that may be available to the A. J. Billig Entities pursuant to this section. The terms of this section shall survive the termination of your relationship with us and/or registration for our Services.
18. CHOICE OF LAW; JURISDICTION AND VENUE; WAIVER OF JURY TRIAL
Statute of Limitations. Any cause of action you may have with respect to your use of the Website must be commenced within one year after the claim or cause of action arises; thereafter, any such claim will be forever barred, without regard to any contrary legislation, rule, or other authority.