Terms
of Use
YOUR RIGHTS, OBLIGATIONS AND PRIVILEGES:
This
page contains our full User Agreement. You may wish to print this page for
reference. This Agreement sets forth the terms and conditions for you to access
the VultureAuction.com Web site ("Site"). Your use of this site
constitutes your agreement to these Terms of Use ("Terms").
You do
not have to register with the Site to view benefits available through this Site
but only registered users of the Fee Based Service can access the features and
services that VultureAuction.com currently offers. By becoming a registered
user you agree to provide (i) true, accurate, current and complete information
about yourself as prompted by the registration form, and (ii) maintain and
properly update your account information to keep it true, accurate, current and
complete. If you provide information that is untrue, inaccurate, not current or
incomplete, or we have reasonable grounds to suspect that you have, or you
violate these Terms, as determined in our sole discretion, we have the right to
suspend or terminate your Registration and refuse any and all current or future
use of the Site and the Service (or any portion thereof).
FEE-BASED SERVICE CHARGES:
Certain
features of this Site are available only through the purchase of a site
subscription ("Fee-Based Services"). If you choose to use the
Fee-Based Service, you agree to pay, using a valid credit card or by PayPalâ„¢, in
order to access the Fee-Based Services. If your registration offered a free trial
period, after the trial period, and every month thereafter until you cancel,
the membership fee will be automatically billed to the credit card your
provided and authorized at time of registration. The renewal charge will be the
then current published rate for the term of your subscription. In the event VultureAuction.com
cannot charge your account, we reserve the right, in our sole discretion, to
continue trying to bill your account or to terminate your access to the
Fee-Based Services. You may be subject to a pre-authorization at the time you
order your Online Membership. THE PRE-AUTHORIZATION IS NOT A CHARGE TO YOUR
CREDIT CARD;HOWEVER, THE THEN APPLICABLE MONTHLY SUBSCRIPTION CHARGE MAY BE
RESERVED AGAINST YOUR AVAILABLE CREDIT CARD LIMIT. FOR FURTHER DETAILS, CONTACT
YOUR CREDIT CARD ISSUER.
CANCELLATION AND REFUND POLICY:
You
understand that to cancel your subscription, you can cancel by emailing us at customersupport@vultureacution.com
or by calling us at 833-488-5887 during the following hours:
Monday through Friday, 9AM to 5PM EST
Saturday and Sunday, 9AM to 5PM EST
All service fees are non-refundable.
GENERAL:
These
Terms constitute the entire understanding and agreement between you and VultureAuction.com
with respect to the Site and, if applicable, the Fee- Based Services and
supersedes all prior agreements between you and VultureAcution.com. Failure by VultureAuction.com
to enforce any provision of these Terms shall not be construed as a waiver of
any provision or right. In the event that any portion of these Terms are held
unenforceable, the unenforceable portion shall be construed in accordance with
applicable law as nearly as possible to reflect the original intentions of the
parties, and the remainder of the provisions shall remain in full force and
effect. If you do not wish to be bound by these Terms, you should not visit or
use the Site. VultureAuction.com reserves the right to change these Terms from
time to time at its sole discretion, without prior notice.
HELP:
Email us at: customersupport@vultureauction.com
Call us at: (833) 488-5887
Monday through Friday, 9AM to 5PM EST
Saturday and Sunday, 9AM to 5PM EST
PROMOTIONAL OFFERS AND DISCOUNTS:
From
time to time, VultureAuction.com's sole discretion, VultureAuction.com may
offer a reduced membership fee, varying trial membership durations (if any) or
different terms altogether to first-time or other selected customers. Terms of
the promotional offer, including the promotional price and duration of the promotional
price, may vary from time to time.
USER EMAIL OR TESTIMONIALS:
If you
are a customer and send an email to this Site, or if you communicate with the
Site by phone or mail, we collect information about your communication and by
communicating with the Site you give your permission to collect, archive,
retrieve, and otherwise use any information collected as we see fit. Any
communication which, in our sole discretion, the site we deem to be a
testimonial, may be publicized for commercial purposes.
NO-COMMERCIAL USE:
You
agree to use the Site and Fee-Based Services only in a noncommercial manner.
The VultureAuction.com's services are intended for individual or private use
only. Any other use is strictly prohibited.
COPYRIGHT AND TRADEMARKS:
All materials on the Site, including
without limitation text, images, software, databases, and Fee-Based Services
(collectively, the "Content") are owned or controlled by
VultureAuction.com, its content suppliers and/or other content providers and is
protected by the copyright and trademark laws of the United States and other
countries, international conventions, and other applicable laws.
Except as otherwise permitted on the Site, you may not download, display,
reproduce, create derivative works from, transmit, sell, distribute, or in any
way exploit the Site or any portion thereof for any public or commercial use
without the prior written permission of VultureAuction.com.
You agree not to use any trademarks, service marks, names, logos, or other
identifiers of VultureAuction.com, licensors, independent contractors,
providers and affiliates (collectively, "Affiliates") without the
prior written permission of VultureAuction.com or the relevant Affiliate.
INFORMATION PROVIDED:
You
acknowledge that any reliance upon any advice, opinion, statement, or other
information displayed, made available, or otherwise distributed through the
Site is at your sole risk. The information on at this Site is provided solely
for informational purposes and does not constitute an offer to sell, rent, or
advertise real estate. There are no warranties or representations concerning
any of these properties including their availability. Information at on this
Site and is deemed reliable but not guaranteed and should be independently
verified. Neither VultureAuction.com nor its Affiliates shall have any
liability arising from your purchases of third-party goods, or services or real
property based upon the information provided on the Site. VultureAuction.com
reserves the right, in its sole discretion and without notice, to correct any
errors or omissions in any portion of the Site, or to deny access to the Site
to anyone at any time.
LINKS TO OTHER SITES:
The
Site may contain links to other sites on the Internet, which may be maintained
by third parties. Such links do not constitute an endorsement by or association
with VultureAuction.com or its Affiliates of any third-party site or any
materials contained therein. VultureAuction.com and its Affiliates do not
control, and are not responsible for, the availability, accuracy, privacy
policy, or currency of such third-party sites or any information, content,
products or services accessible from such third-party sites. You therefore are
solely responsible for your visiting and relying on information provided on
these third-party sites.
AGE RESTRICTIONS:
You
represent and warrant to VultureAuction.com that you are at least eighteen (18)
years old and that you possess the legal right and ability to enter into this
Agreement and to use the Site (and Fee Based Service, if applicable) in
accordance with this Agreement.
FINANCIAL RESPONSIBILITY:
You
agree not to assign, transfer or sublicense your rights as a subscriber to the
Fee-Based Services. You agree to be financially responsible for all usage or
activity on your Fee-Based Services account, including, without limitation,
authorizing any other person or entity to utilize your account.
INDEMNIFICATION:
You
hereby agree to indemnify, defend and hold harmless VultureAuction.com, and its
Affiliates and each of their respective officers, directors and employees
(Indemnified Parties), from and against any and all liability, loss, damage,
expense and costs (including attorney’s fees) incurred by or imposed on any of
them VultureAuction.com or the Affiliates in connection with any claim arising
out of or in any way relating to any breach or alleged breach of any of your
use of the Site or the Fee-Based Service or your violation of these Terms,
applicable law or the rights of any third party obligations set forth herein.
You shall cooperate as fully as reasonably required in the defense of any
claim. VultureAuction.com reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you and you shall not in any event settle any matter without
the written consent of VultureAuction.com.
DISCLAIMER OF WARRANTY:
EXCEPT
AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE,
FUNCTIONS, FEE-BASED SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON
OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE
FULLEST EXTENT PERMISSIBLE BY LAW, VultureAuction.com AND THE AFFILIATES MAKE
NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY
CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY VultureAuction.com. VultureAuction.com
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE FEE-BASED
SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
THAT THE SITE OR FEE-BASED SERVICES WILL MEET ANY PARTICULAR CRITERIA OF
PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING FORUMS OR THE SERVER(S) ON
WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY:
USE OF
THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS
RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION,
COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION
SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. UNDER NO
CIRCUMSTANCES SHALL VultureAuction.com OR THE AFFILIATES, OR ANY PROVIDER OF
TELECOMMUNICATIONS OR NETWORK SERVICES FOR VultureAuction.com OR THE
AFFILIATES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL
DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY
TO USE, THE SITE OR FEE-BASED SERVICES, EVEN IF VultureAuction.com, THE
AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF VultureAuction.com
AND THE AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY
YOU FOR ACCESS AND USE OF THE FEE-BASED SERVICES. YOU HEREBY RELEASE VultureAuction.com
AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN
EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.
EQUAL HOUSING OPPORTUNITY:
Property
owners and managers are subject to the Fair Housing Act, which prohibits
"any preference, limitation, or discrimination in the sale, rental and
financing of dwellings because of race, color, religion, sex, handicap,
familial status, or national origin. VultureAuction.com supports Equal Housing
Opportunity and we encourage users of our Site to follow appropriate guidelines
to comply with both the Federal Housing Act, as well as
any applicable state and local regulations.
PROPERTY OWNER'S OR MANAGER'S RESPONSIBILITIES:
As a
property owner or manager, you have a responsibility and a requirement under
the law not to discriminate in the sale or lease of property on the basis of
race, color, religion, sex, handicap, familial status, or national origin. You
cannot instruct your agent to convey on your behalf any limitations in the sale
or lease because your agent is bound by law not to discriminate. Agents in a
sale or lease transaction are prohibited by law from discriminating on the
basis of race, color, religion, sex, handicap, familial status, or national
origin. They are prohibited from complying with a request from the property
owner or manager to act in a discriminatory manner in the sale or lease.
Moreover, a property owner or manager cannot establish discriminatory terms or
conditions in the purchase or lease, deny that housing is available, or
advertise that the property is available only to persons of a certain race,
color, religion, sex, handicap, familial status, or national original.
HOME BUYER'S OR RENTER'S RIGHTS:
As
someone seeking to buy or lease a home, apartment or condo, you have the right
to expect that housing will be available to you without discrimination or other
limitations based on race, color, religion, sex, handicap, familial status, or
national origin. This includes the right to expect equal professional service,
the opportunity to consider a broad range of housing choices, no discriminatory
limitations on communities or locations of housing, no discrimination in the
pricing or financing of housing, reasonable accommodations in rules, practices
and procedures for persons with disabilities, and to be free from harassment or
intimidation for exercising your fair housing rights.
MODIFICATIONS:
(a) To
these Terms
VultureAuction.com has the right to modify this Agreement and any policies
affecting the Site in its sole discretion. Any modification is effective
immediately upon posting to the Site or distribution via electronic mail or
conventional mail. Your continued use of the Site following notice of any modification
to this Agreement shall be conclusively deemed an acceptance of all such
modification(s). Your only right with respect to any dissatisfaction with any
modifications made pursuant to this provision, or any policies or practices of VultureAuction.com
in providing the Site, including without limitation (i) any change in the
Content, or (ii) any change in the amount or type of fees associated with the
Fee-Based Services, is to cancel your subscription.
(b) To the Site:
VultureAuction.com has the right to modify, suspend or discontinue the Site or
any portion thereof at any time and in its sole discretion, including the
availability of any area of the Site, including without limitation the
Fee-Based Services. VultureAuction.com may also impose limits on certain
features and services or restrict your access to parts or all of the VultureAuction.com
Site without notice or liability.
YOUR RIGHTS:
VultureAuction.com
grants you a non-exclusive, non-transferable, limited right to access, use this
Web site (the "Site") and the materials provided hereon, provided
that you comply fully with these Terms. The contents of the Site are only for
your personal, noncommercial use. You agree not to interrupt, or attempt to
interrupt, the operation of the Site in any way.
GOVERNING LAW:
These Terms are governed by, and will
be interpreted in accordance with, the laws of the State of Florida, without
regard to any choice of law provisions.
MANDATORY
ARBITRATION/CLASS ACTION WAIVER:
You agree that, with the exception of
injunctive relief sought by VultureAuction.com for any violation of
VultureAuction.com proprietary or other rights, any and all disputes relating
to these Terms, Privacy Policy, or your use of the Site or the Fee-Based
Service shall be resolved by binding individual arbitration in accordance with
the then-current rules of the American Arbitration Association (the
"AAA") before an independent arbitrator designated by the AAA. This
arbitration obligation applies regardless of whether the claim or dispute
involves a tort, fraud, misrepresentation, product liability, negligence,
violation of a statute, or any other legal theory. The location of arbitration
shall be Los Angeles County, California, USA.
All arbitrations under these Terms shall be conducted on an individual (and not
a class-wide) basis, and an arbitrator shall have no authority to award class-
wide relief. You acknowledge and agree that these Terms specifically prohibit
you from commencing arbitration proceedings as a representative of others or
joining in any arbitration proceedings brought by any other person. You also
acknowledge and agree that you are giving up your right to serve as a
representative, as a private attorney general, or in any other representative
capacity, and/or to participate as a member of a class of claimants in any
lawsuit filed against us and/or related third parties.
Subscribing
to VultureAuction.com indicates your agreement to the terms and conditions set
forth above.
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Phone: 443-352-3725
Email: info@tjsauctionproperties.com