YOU CONFIRM THAT YOU HAVE CAREFULLY READ THESE TERMS AND FULLY UNDERSTAND THEIR CONTENTS. YOU FURTHER CONFIRM THAT YOU ARE AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN YOU AND MADISON’S AUCTIONS AND APPRAISALS LLP AND YOU ENTER INTO IT OF YOUR OWN FREE WILL.
2. ELIGIBILITY AND REGISTRATION
You must be at least 18 years old or, if in your jurisdiction the age of majority is above 18 years old, you must be above the age of majority in your jurisdiction, to use the Services. You may choose to create an account and provide certain information, including a valid email address and a password. If you want to participate in or make an offer in connection with an auction, purchase or sale, or participate in any marketing event, you will have to register with us.
Only Registered Users are eligible to participate in MADISON’S AUCTIONS AND APPRAISALS LLP Services. MADISON’S AUCTIONS AND APPRAISALS LLP reserves the right to disapprove, suspend or terminate Your registration for any reason, at its sole discretion, and to prohibit You from participating in the Services. By providing your information, you consent to us contacting you about your interest in us or the Services by email, phone, or through any other contact information you have chosen to provide.
3. YOUR OBLIGATIONS, CONDUCT
In consideration of Your use of the Website, You agree to: (a) provide accurate, current, and complete information about You as may be prompted by a registration form on the Website (the “Registration Data”); (b) maintain the security of Your password and identification; (c) maintain and promptly update the Registration Data, and any information You provide to MADISON’S AUCTIONS AND APPRAISALS LLP, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website; (e) notify MADISON’S AUCTIONS AND APPRAISALS LLP immediately of any unauthorized use of Your username and password or any other breach of security regarding the Services; f) allow MADISON’S AUCTIONS AND APPRAISALS LLP to send notifications to your registration email address notifying you about auctions that are similar to ones on which you have already bid.
MADISON’S AUCTIONS AND APPRAISALS LLP is authorized to act on instructions received through use of your account or registration, and are not liable for any loss or damage arising from your failure to comply with this Section.
4. ACCESS TO WEBSITE MATERIALS AND SERVICES
The MADISON’S AUCTIONS AND APPRAISALS LLP website (“Website”) includes without limitation all information, documents, communications, files, text, graphics, software, and products available through the Website (collectively, “Materials”) and all services, including auction services (“Auctions”) operated by MADISON’S AUCTIONS AND APPRAISALS LLP and third parties through the Website (collectively, the “Services”). MADISON’S AUCTIONS AND APPRAISALS LLP controls and operates its Website from various locations and makes no representation that this Website is appropriate or available for use in all locations. MADISON’S AUCTIONS AND APPRAISALS LLP Materials and Services may not be available in Your location, and deliverables may vary among locations. If You are using the Website on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on Your employer’s behalf, and that Your employer agrees to indemnify You and MADISON’S AUCTIONS AND APPRAISALS LLP for violations of these Terms. The MADISON’S AUCTIONS AND APPRAISALS LLP Services, including its Auctions for equipment and other items (collectively “Items” or “Auction Items”) are provided by MADISON’S AUCTIONS AND APPRAISALS LLP to You subject to the terms and conditions set forth in these Terms. When using particular MADISON’S AUCTIONS AND APPRAISALS LLP owned or operated Services, You and MADISON’S AUCTIONS AND APPRAISALS LLP shall be subject to any posted guidelines or rules applicable to such Services, which may be posted from time to time on the Website.
5. INTELLECTUAL PROPERTY RIGHTS
The Materials and Services on this Website, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Website may violate such laws and these Terms. Except as expressly provided herein, MADISON’S AUCTIONS AND APPRAISALS LLP does not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Website, its Materials, or its Services or their selection and arrangement, except as expressly authorized by MADISON’S AUCTIONS AND APPRAISALS LLP. “MADISON’S AUCTIONS AND APPRAISALS LLP” is a trademark of MADISON’S AUCTIONS AND APPRAISALS LLP. All other trademarks are the property of their respective owners.
6. USE OF SOFTWARE
Any software that is made available to use (or download) from the MADISON’S AUCTIONS AND APPRAISALS LLP Website (“Software”) is the copyrighted work of MADISON’S AUCTIONS AND APPRAISALS LLP and/or its licensors. Use of the Software is subject to the terms and conditions of the license agreement, which accompanies or is included with the Software or other applicable license agreement between You and MADISON’S AUCTIONS AND APPRAISALS LLP (“License Agreement”). You must read and accept such License Agreement before You use the Software. Any use, reproduction or distribution of the Software that is not in accordance with the License Agreement is expressly prohibited.
7. USE OF CONTENT ON THE MADISON’S AUCTIONS AND APPRAISALS LLP WEBSITES
Limited Right to Use, Print and Distribute Content: Except as expressly stated otherwise, You are authorized to view, copy, print and distribute the content of this Website subject to the following conditions: (i) use must be for informational, non-commercial purposes only; (ii) any copy or portion thereof must include the MADISON’S AUCTIONS AND APPRAISALS LLP’ copyright notice “© 2021 MADISON’S AUCTIONS AND APPRAISALS LLP All Rights Reserved”; and (iii) no modifications shall be made to such content. MADISON’S AUCTIONS AND APPRAISALS LLP reserves the right to revoke such authorization at any time, and any such use shall be discontinued upon written notice from MADISON’S AUCTIONS AND APPRAISALS LLP.
Any comments or materials sent to MADISON’S AUCTIONS AND APPRAISALS LLP, including feedback data, such as questions, comments, suggestions and any other response shall be deemed to be non-confidential. MADISON’S AUCTIONS AND APPRAISALS LLP shall have no obligation of any kind with respect to such response, and MADISON’S AUCTIONS AND APPRAISALS LLP shall be free to use, reproduce, distribute and publicly display such comments and materials without limitation. MADISON’S AUCTIONS AND APPRAISALS LLP shall also be free to use any ideas, concepts, know-how or techniques contained in such response for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such ideas, concepts or techniques.
8. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT ALL INFORMATION CONTAINED IN THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. We make no representations or guarantees that the Services are compatible with your equipment or that the Services, or that any electronic communications sent by us or our affiliates, are error-free or will be free from loss, destruction, damage, interruption, corruption, attack, viruses, worms, or other harmful, invasive, or corrupted files, interference, hacking, or other security intrusion, and we disclaim any liability relating thereto. You agree that we have the right to change the content or technical specifications of any aspect of the Services at any time in our sole discretion. You further agree that such changes may result in your being unable to access the Services.
We make no guarantees, representations, or warranties that the Services or information available through the Services, or that the use of or result of the use of the Services, will be accurate, reliable, complete, current, uninterrupted, or without errors. Any documents, pictures, or other information available on the Services are for informational purposes only, and may not represent the current condition of a property or the condition of the property at the time of sale. The posting of pictures on the Services does not constitute a guarantee that any items represented in the pictures will be present when a buyer takes possession of a property. You are encouraged to conduct your own due diligence and investigate all matters relating to any properties. It is recommended that you seek independent advice, including legal advice, to perform your due diligence and that you use good faith efforts in determining that the content of all information provided to or obtained by you is accurate.
Any use of available third party content, services, and information shall be your own risk and be used for internal valuation or management purposes usual and customary within the scope of your licensed or regular business activity. In no event shall the Company or any third party provider of such content, services and/or information be liable to you or any third party for any losses, costs or damages arising from or relating to the misuse of, or any errors, omissions, or miscalculations of value contained in, the third party content, services and information provided. Any of the Services such as valuation reports, AVMs, pricing or property information shall not constitute an appraisal or broker price opinion of a subject property and shall be based on public records, market sources or other statistical calculations and is provided on an “as-is, as available” basis with all faults and defects. You are accessing any valuation reports, pricing or property information for your own individual property valuation or management. You shall not use any of the Services for reproduction, sale, distribution, publication, advertising or marketing, or any other commercial exploitation. You understand and acknowledge that you are capable of evaluating the merits and risks of purchasing a property using the Services, and are able to bear any such risks. You also acknowledge that you have consulted with, had the opportunity to consult with, or waive the right to consult with, legal and tax professionals relating to the legal and tax consequences of any documents used in connection with the Services.
You use the Services at your own risk and what you see is what you get. There are many parts of the Services that we do not control or assume responsibility for. For example, we don’t check the accuracy of content on the Services, so use it at your own risk. In particular, YOU are responsible for performing your own diligence on properties marketed on the Services and you agree not to rely solely on the information available on the Services in making decisions about these properties.
9. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR SUBSIDIARIES, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICES, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
Unless the law provides otherwise, we are not liable to you for any issues arising out of your use of or inability to use the Services, and in no case will we be liable for any damages.
11. TERMINATION OR STOPPING USE OF THE SERVICES
You can stop using the Services at any time and for any reason.
Without prior notice, we may revoke your registration, suspend your ability to use certain parts of the Services, and/or terminate your access to the Services at any time in our discretion. We may also modify, suspend, or discontinue the Services.
In order to protect the Services, we reserve the right at any time to block users from certain IP addresses from accessing and using the Services. We may also request that you stop accessing or permanently destroy certain content or information available through the Services.
12. SERVICES AUDITING AND MONITORING
We are able at any time to monitor the use of the Services and the content available on the Services. You agree that we may disclose information obtained through the Services in response to a legal request or as required by law. We can also make decisions to change or remove content, or suspend use of the Services, based on content submitted or available on the Services.
13. GENERAL TERMS
The descriptions of item/lots appearing in the auction and in advertising prior to the auction are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by Owner/Seller or Auctioneer and employees concerning any item/lot shall be construed as a warranty, either expressed or implied. ITEM/LOTS ARE ALL SOLD AS IS – WHERE IS – HOW IS and WITH ALL FAULTS, known, apparent, or otherwise. Bidder acknowledges that all item/lots were available for inspection prior to the auction and, by these terms, Auctioneer and Owner/Seller strongly encouraged Bidder to carefully inspect each item/lot in which Bidder had any interest to determine the item/lot’s nature, quality, condition, quantity, and size. All Bidders rely solely on their personal inspection and not on information listed on the Site or otherwise provided by Auctioneer and employees or Owner/Seller. Bidder’s failure to inspect, or otherwise to be fully informed as to the nature, quality, condition, quantity, and size of any item/lot will not constitute grounds for any claim, adjustment, refund, termination of the contract for sale, or refusal to close the sale, against Auctioneer or Owner/Seller.
Despite efforts to avoid the withdrawal of item/lots from the sale after they are listed it may sometimes be necessary. Auctioneer and the Owner/Seller reserve the right to do so at any time before or during the sale. The Owner/Sellers/Auctioneer of property sold through this Site reserve the right to reject any and all bids in their sole discretion. If there is a reserve on a lot, the auctioneer and/or the seller have the right to bid on behalf of the seller.
Auctioneer reserves the right, for any reason, in their sole discretion, to terminate, change or suspend any aspect of any auction sale. Auctioneer reserves the right to repost and sell any property not paid for in full with all funds received by Auctioneer within two days of the online auction item/lot’s closing date. Failure to pay for item/lots won on this online auction will result in legal action against Buyer by either the Owner/Seller and/or the Auctioneer. Further, the Buyer will be banned from any future auctions. Auctioneer may resell any unpaid-for items with Buyer responsible for collection and damages resulting from the resale.
The Owner/Sellers/Auctioneer of property sold through this web site reserve the right to reject any and all bids, if they so choose.
Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Owner/Seller and Auctioneer and their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys’ fees and expenses) related to, arising from or associated with Buyers, his agents or representatives, use of the Site, including but not limited to personal injuries or property damage incurred on the sale premises or during removal and transport of any auction item/lots, and arising out of, based upon, or resulting from any breach or violation by Bidder of this Site User Agreement or any use by Bidder of the Site or as a result of a dispute with another Bidder.
Auctioneer is providing services as an independent contractor for the Owner/Seller only and is not responsible for statements made by other parties.
This Site User Agreement constitutes a binding agreement between Bidder and Auctioneer until terminated by Auctioneer, which Auctioneer may do at any time, without notice, in Auctioneer’s sole discretion. If Bidder dissatisfaction occurs with the auction sale in any way, Bidder’s only recourse is to immediately discontinue use of the auction Site. Auctioneer reserves the right to terminate Bidder’s registration and use of the auction Site and impose limits on certain features of the auction Site or restrict Bidder’s access to, or use of, part or the entire Site without notice or penalty.
Auctioneer cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. The Auctioneer, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any item/lots that were affected by any malfunction. The decision of the Auctioneer is final.
Auctioneer gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions only. Auctioneer does not, and will not, sell or rent this information.
As a Bidder you are responsible for any bids placed under your account and password. Placing a bid is a binding contract between you and the Owner/Seller/Auctioneer and the bid cannot be retracted. Once you place a bid, and if you win, you will be obligated to buy the lot at the said price you indicated as your bid. Placing a bid on this Site, and winning, then not paying for the lot could be illegal, and prosecution can result. The Owner/Sellers/Auctioneer of property sold through this Site reserve the right to reject any and all bids, in their sole discretion.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the content contained herein without Auctioneers prior, express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without prior, express written permission of the Auctioneer. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
You, the Bidder will be suspended or permanently banned from the Site if You provide false information when registering, such as a false name or fraudulent contact information. You, the Bidder, will be permanently banned from this Site if you are the successful Bidder and you do not honor your auction bid. Furthermore, if you do not honor your auction bid, legal action may be taken against you.
No legal advice is intended or implied by anything contained within the Site. No obligation, liability, responsibility, accountability or burden is undertaken, assumed or otherwise imposed by maintaining the Site.
The Website Term of Use and any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with the laws of Belize applicable to contracts entered into and to be performed entirely within the nation of Belize. Any legal action will be heard and determined in a court of the auctioneers choosing in Belize. If any provision of this Website Term of Use agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Auctioneer’s failure to act with respect to a breach by you or others does not waive the right to act with respect to subsequent or similar breaches. This Website Term of Use agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
Modification and Availability.
MADISON’S AUCTIONS AND APPRAISALS LLP may, at any time, delete, modify or supplement the content of this Website without prior notice. MADISON’S AUCTIONS AND APPRAISALS LLP reserves the right, for any reason, at its sole discretion, to terminate, change, suspend or discontinue any aspect of the Website or the Service, including, but not limited to, content, features or hours of availability. MADISON’S AUCTIONS AND APPRAISALS LLP may also impose limits on certain features of the Services or restrict Your access to part or all of the Website or the Services without notice or penalty.
You agree that MADISON’S AUCTIONS AND APPRAISALS LLP has the right, but not the obligation, to monitor at any time, for any reason, at its sole discretion, all material and content on the Website and the Services. MADISON’S AUCTIONS AND APPRAISALS LLP reserves the right at all times to edit, disclose or refuse to post any material or information or request for removal of any material or information from the Website.
Force Majeure. No party shall be liable to the other for any default resulting from force majeure, which includes any circumstances beyond the reasonable control of the parties.
Notices and Electronic Communications.
You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store electronic communications such that they remain accessible to you in an unchanged form.