Website User Agreement
This User Agreement ("Agreement") describes the terms and conditions applicable to your use of our Website and the services, tools and applications available on this website (“Website”). This Agreement is effective between you (“User”), LFC Marketing Services, Inc. ("LFC”), its related companies and is a condition of use each and every time you use the Website as a visitor.
You must read, agree to and accept all of the terms and conditions contained in this Agreement which include those terms and conditions expressly set out below and those incorporated by reference, before you may use our Website.
IMPORTANT: If you do not agree to be bound by the terms and conditions of this Agreement please do not access the Website or use our services.
We may amend this Agreement at any time by posting an updated User Agreement on the Website. All amended terms shall automatically be effective when they are posted on the Website.
1. Website is a Venue. The Website is not an auctioneer; it is a venue. Although it may be referred to as an online auction website, it is important to realize that it is not a traditional auctioneer. Instead, the Website acts as a venue to allow parties to post property, securities and financial instruments (“Assets”) in an auction-style format commonly referred to as an auction ("Auction"). The role of LFC is limited to publishing and advertising the Assets on the Website. This Agreement is meant to clarify LFC’s limited role as a publisher of advertising and a venue provider and outline certain limitations regarding its obligations and liabilities. Your use of the Website confirms your understanding and acceptance of this User Agreement.
2. LFC Presents Advertisements. LFC's auction-style advertisements do not involve legally binding offers to sell. They are simply a way for the owner of the Assets (“Sellers”) to advertise their Assets to potential buyers.
3. LFC Is Not a Licensed Real Estate Agent. LFC does not purport to broker transactions. LFC does not act in the capacity of a real estate professional and, as a result, has no control over the truth or accuracy of the information conveyed or the title, quality or value of the Assets advertised. LFC is not responsible for and does not engage in the listing, brokering, selling, purchasing, exchanging or leasing of real estate (“Property”) posted on the Website; nor does it provide a "multiple listing service" as that term is traditionally used for real estate. LFC does not counsel Sellers or buyers, show real estate, negotiate sales contracts, or hold a position of trust and confidence. Accordingly, no brokerage agency or fiduciary relationship is intended to be or shall be deemed to have been created between LFC and any Seller or buyer or you regarding the use of the Website. Further, we have no opinion regarding the ability of a Seller to sell specific real estate nor can we ensure that a buyer or Seller will actually complete a transaction.
4. Activities Requiring a License. It is the User's responsibility to seek the appropriate representation or accreditation when conducting any activity on the Website that may require a real estate or other license.
5. Auction Terms and Conditions Vary. The terms and conditions of each Auction on the Website may vary. It is important that interested parties be familiar with the terms and conditions for each Auction on which they wish to place a bid, are a Seller, agent or are otherwise involved.
6. Due Diligence. Prospective bidders/buyers are advised and encouraged to perform all necessary due diligence before bidding on an Auction; and all parties are advised and encouraged to seek the help and guidance of a licensed real estate professional, securities dealer, attorney or other suitable professional before bidding on any Auction.
7. Release of Liability. Because LFC is a venue, in the event that you have a dispute with a Seller and/or an a Seller’s agent, you agree to release LFC and any of its affiliates, officers, directors, agents, subsidiaries, joint ventures and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. You acknowledge and understand that all available Auction information was prepared by parties other than LFC, and further acknowledge and understand that LFC makes no representation or warranty whatsoever, express or implied, with respect to the content, completeness or accuracy of the Auction information. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
8. Hold Harmless. User shall defend, and hold harmless LFC and its affiliates from and against any and all claims, demands, causes of action, losses, damages, liabilities, judgments, costs and expenses (including attorneys' fees) incurred by LFC as a result of any violation or failure by User to comply with the provisions of this Agreement or any individual or entity to whom it has disclosed information.
9. Termination of Use of Website. Without limiting any of its other remedies, LFC may suspend or terminate your use of the Website if we suspect, in our sole discretion, that you (by conviction, settlement, insurance or escrow investigation, or any other reason) have engaged in fraudulent activity.
10. Prohibited Activities. Your activities on the Website shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) contain any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or (f) create liability for LFC or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
11. Interference with Website. Much of the information on the Website is updated on a real-time basis and is proprietary. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Website without the prior expressed written permission of LFC and the appropriate third parties as applicable; (iii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website or (iv) bypass measures we may use to prevent or restrict access to the Website.
12. Breach of Terms and Conditions of Website. Without limiting other remedies, we may limit your activity, immediately remove your bid(s), warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your use of our Website and refuse to provide our services to you if (a) we believe that you have breached the terms and conditions of this Agreement or the documents incorporated by reference; (b) we are unable to verify or authenticate information you provide to us or (c) we believe that your actions may cause financial loss or legal liability for you, other Users or LFC.
13. Disclaimer of Warranty. LFC, ITS OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS PROVIDE THE WEBSITE AND ITS SERVICES "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESSED, IMPLIED OR STATUTORY. LFC AND ITS AFFILIATES, THEIR OFFICERS, DIRECTORS, EMPLOYEES AND THEIR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT REGARDING THE ASSETS ON THE WEBSITE.
14. Limitation of Liability. IN NO EVENT SHALL LFC, ITS OFFICERS, DIRECTORS, EMPLOYEES OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). LFC'S LIABILITY, AND THE LIABILITY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO $100. This Agreement, including this limitation of liability, shall be enforceable by LFC and any of its affiliates.
15. Indemnity Provision. You agree to indemnify and hold LFC, and its affiliates and our respective officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it may incorporate by reference, your improper use of the Website, services tools or applications, and/or your violation of any law or the rights of any third party.
16. Release. If you have a dispute with one or more Users, you agree to release LFC and our affiliates, and our respective officers, directors, agents and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
17. Compliance With Applicable Laws. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service.
18. Re-affirmation of User Agreement. Each and every request made by a visitor or User for Auction information or action by a User, such as using a password, to gain access to Auction or other information shall constitute visitor's or User's re-affirmation and acceptance of the terms and conditions of this Agreement.
19. Notice Procedure. Except as explicitly stated otherwise, any notices shall be given by US Postal Service mail to LFC Marketing Services, Inc. 17 Corporate Plaza Drive, Suite 200, Newport Beach, California 92660 (in our case), or to the email address or mailing address that you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless we are notified that your email address is invalid. Alternatively, we may give you notice by US Postal Service mail, postage prepaid, delivery confirmation requested to the address that you provided to us during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
20. Choice of Law and Integration. This Agreement shall be governed in all respects by the laws of the State of California. We do not guarantee continuous, uninterrupted or secure access to our services; and operation of the Website may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by LFC in accordance with the "Notice Procedure" in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.