BIDDER TERMS & CONDITIONS
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PLACING A BID.
1. DUE DILIGENCE Roxypak LLC., dba AmericanHomeAuctions.com, and its subsidiaries, affiliates, parents, employees, agents, and representatives (hereinafter “Auctioneer”), does not perform any due diligence on any property listed for auction on the auction website, mobile app, or through onsite auctions including, but not limited to, whether the property is occupied and/or contains any hazardous conditions on the property. As a condition of using the website, bidder understands that Bidder is required to perform their own due diligence on any property prior to placing a bid.
2. TITLE TO PROPERTY Bidder is responsible for verifying the legal description for each property and for reviewing any title defects that may be present for each property. Auctioneer makes no warranty about the status of title to the property.
3. RESERVE PRICE BIDDING If a property is being sold at auction with a reserve price, Bidder understands that the reserve price must be met in order for the property to be sold. The seller of the property may instruct the Auctioneer to place bids on any property up to the amount of the reserve price. If Bidder is the high bidder but the reserve price is not met, the property has not been sold to the bidder.
4. ADEQUATE FUNDS Bidders must have adequate funds to purchase a property at the time the bid is placed. If the Bidder is the high bid and does not present adequate funds to pay the buyers premium, Auctioneer may, in its sole discretion, de-active Bidder’s registration and/or not permit the Bidder to participate in future auctions.
5. PURCHASE AND SALE AGREEMENT If Bidder becomes the successful bidder for a property, the Bidder must execute the Seller’s standard purchase and sale agreement the assignment contract is for.. Bidder must abide by the terms of the purchase and sale agreement. If the Bidder fails to execute the purchase and sale agreement provided by the seller, the property may be sold to backup bidders.
6. ESCROW If Bidder becomes the winning bidder, the Bidder must deposit an EMD (Earnest Money Deposit) in the amount of $10,000 with Clear Title Arizona by 5pm the following day of the winning bid or the by 5pm the first day the title company is open for business after the end of winning auction.
7. CHANGES TO AUCTION DATE,TIME Auctioneer reserves the right to change the scheduled auction date at any time.
8. DISCLAIMER OF LIABILITY AND INDEMNIFICATION BIDDER ASSUMES ENTIRE RESPONSIBILITY AND LIABILITY FOR ANY CLAIM OR ACTIONS BASED ON OR ARISING OUT OF INJURIES, INCLUDING DEATH, TO PERSONS OR DAMAGES TO OR DESTRUCTION OR LOSS OF PROPERTY, SUSTAINED OR ALLEGED TO HAVE BEEN SUSTAINED BY BIDDER, ITS AGENTS, PRINCIPALS AND/OR EMPLOYEES, IN CONNECTION WITH OR TO HAVE ARISEN OUT OF OR INCIDENTAL TO THE AUCTION, REGARDLESS OF WHETHER SUCH CLAIMS OR ACTIONS ARE FOUNDED IN WHOLE OR IN PART UPON ALLEGED NEGLIGENCE OR NEGLIGENT MISREPRESENTATIONS OF THE AUCTIONEER, OR THE EMPLOYEES, AGENTS, INVITEES, OR LICENSEES THEREOF. BUYER FURTHER AGREES TO INDEMNIFY AND HOLD HARMLESS AUCTIONEER AND THEIR REPRESENTATIVES, AND THE EMPLOYEES, AGENTS, INVITEES AND LICENSEES THEREOF IN RESPECT OF ANY SUCH MATTERS AND AGREES TO DEFEND ANY CLAIM OR SUIT OR ACTION BROUGHT AGAINST SELLER, AUCTIONEER, AND EMPLOYEES, AGENTS, INVITEES, AND LICENSEES THEREOF.
10. ALL AUCTIONS START AND END @ 10AM, 10:30AM or 11AM (Arizona Time). A non-refundable earnest money deposit (EMD) of $10,000 is due by 4:45pm (Arizona Time) the day the auction ends with the balance due at closing, determined by date on the contract. If winning an auction on a Saturday, Sunday or Holiday, the earnest money deposit (EMD) is due no later than 12pm (Arizona Time) on the next business day. The property is sold “AS-IS''. Sale has NO Contingencies and is NOT contingent on getting financing. This is a cash, private lender or hard money lending auction only.
General Terms and Conditions
THIS AUCTION AGREEMENT is by and between You, as Seller or Bidder, and Roxypak LLC dba: AmericanHomeAuctions.com. You agree to the terms of this Auction Agreement, and agree that the Off Market Auctions may charge listing fees, membership fees and a buyer's premiums on any listing(s).
2. ACCESS TO WEBSITE MATERIALS AND SERVICES AmericanHomeAuctions.com website (“Website”) includes without limitation all information, documents, communications, files, test, graphics, software, and products available through the Website (collectively, “Materials”) and all services, including auction services (“Auctions”) operated by AmericanHomeAuctions.com and third parties through the Website (collectively, the “Services”). AmericanHomeAuctions.com controls and operates its Website from various locations and makes no representation that this Website is appropriate or available for use in all locations. AmericanHomeAuctions.com 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 AmericanHomeAuctions.com for violations of these Terms. AmericanHomeAuctions.com Services, including its Auctions for property sale contracts and other items (collectively “Listings” or “Auction Listings”) are provided by AmericanHomeAuctions.com to You subject to the terms and conditions set forth in these Terms. When using particular AmericanHomeAuctions.com owned or operated Services, You and AmericanHomeAuctions.com shall be subject to any posted guidelines or rules applicable to such Services, which may be posted from time to time on the Website.
3. YOUR OBLIGATIONS AND 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 AmericanHomeAuctions.com, 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; and (e) notify AmericanHomeAuctions.com immediately of any unauthorized use of Your username and password or any other breach of security regarding the Services; (f) allow AmericanHomeAuctions.com to send notifications to your registration email address notifying You about auctions of Listings that are similar to ones you have listed. AmericanHomeAuctions.com cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section. When AmericanHomeAuctions.com has notified users that their registration has been approved, such user shall become a ”Registered User.” Only Registered Users are eligible to participate in AmericanHomeAuctions.com Services. theOffMarketAuctions.com 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.
4. AMERICANHOMEAUCTIONS.COM IS NOT A PARTY TO ANY TRANSACTIONS RELATING TO AUCTION LISTINGS. AmericanHomeAuctions.com is only a venue for Registered Users designated as Sellers to list listings and for Registered Users designated as Buyers to make bids on such listings. You and AmericanHomeAuctions.com are independent contractors. Neither party hereto is an agent, representative, broker, employee, partner or joint venturer of the other party hereto. This Auction Agreement shall not be interpreted or construed to create an association, joint venture, agency, franchise or partnership between the parties hereto or to impose any partnership obligation or liability upon either party hereto. AmericanHomeAuctions.com is not a party to, nor involved in, the transactions between Buyers and Sellers. AmericanHomeAuctions.com has no control over the Sellers, Buyers or any aspect of the transactions. From time to time, AmericanHomeAuctions.com may have title to or possess Auction Items listed on the Website; nevertheless, AmericanHomeAuctions.com is not a party to any transactions related to such items or listings. Full Release: In the event that You have a dispute with another Registered User, You release AmericanHomeAuctions.com and our members, officers, directors, agents, subsidiaries and employees from all 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 disputes.
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 theOFFMARKETAUCTIONS.COM AND YOU ENTER INTO IT OF YOUR OWN FREE WILL.
5. INTELLECTUAL PROPERTY RIGHTS The Materials and Services on the 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, AmericanHomeAuctions.com 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 it Services, or their selection and arrangement, except as expressly authorized by theOffMarketAuctions.com. “AmericanHomeAuctions” is a trademark of AmericanHomeAuctions.com. 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 AmericanHomeAuctions.com Website (“Software”) is the copyrighted work of AmericanHomeAuctions.com 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 AmericanHomeAuctions.com (“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. If the Software is used by the United States Government, the Software is classified as “restricted computer software” as defined in clause 52.227-19 of the FAR – The United States Government’s rights to the Software are as provided in clause 52.227-19 of the FAR.
7. USE OF CONTENT ON THE AMERICANHOMEAUCTIONS.COM WEBSITE 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 ‘AmericanHomeAuctions’ copyright notice “© 2022 AmericanHomeAuctions.com All Rights Reserved”; and (iii) no modifications shall be made to such content. AmericanHomeAuctions.com reserves the right to revoke such authorization at any time, and any such use shall be discontinued upon written notice from AmericanHomeAuctions.com.
8. LINKS TO THIRD PARTY WEBSITES OR SERVICES The Services and the Website may provide links to the websites or services of others, including contracts, shipping, rigging and other services (“Third-Party Services”). Links to such Third-Party Services, or any explanation or statement regarding those Third-Party Services, do not constitute an endorsement or guarantee by AmericanHomeAuctions.com of such Third-Party Services, or the products, content, materials or information presented or made available by such Third-Party Services. You acknowledge and agree that AmericanHomeAuctions.com is not responsible for any damages or losses caused or alleged to have been caused by any Third-Party or the use of any Third-Party Services, or from the products, content, material, services or information presented by or made available through such Third-Party Services.
9. TREATMENT OF FEEDBACK AND RESPONSES PROVIDE TO AMERICANHOMEAUCTIONS.COM Any comments or materials sent to AmericanHomeAuctions.com, including feedback data, such as questions, comments, suggestions and any other response shall be deemed to be non-confidential. AmericanHomeAuctions.com shall have no obligation of any kind with respect to such response, and AmericanHomeAuctions.com shall be free to use, reproduce, distribute and publicly display such comments and materials without limitation. AmericanHomeAuctions.com 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.
10. AUCTIONS Auction Period: The Auction period shall be determined by the listing party and will end at a time to be determined by the listing party or AmericanHomeAuctions.com, at listers or AmericanHomeAuctions.com’s sole discretion. Void Bids: AmericanHomeAuctions.com reserves the right to reject or void bids, whether winning or not, which we believe have not been made in good faith, are intended to manipulate the Auction process, or are prohibited by applicable law. Winning Bids: AmericanHomeAuctions.com is the one and only judge for the determination of winning bids, but AmericanHomeAuctions.com shall not be liable for any errors or omissions relating to such determination, whether by theOffMarketAuctions.com or some other person. Postponement and Cancellation: AmericanHomeAuctions.com reserves the right to postpone or cancel any Auction, or any sale resulting therefrom, at our own discretion, without notice. AmericanHomeAuctions.com will have no liability to prospective bidders or sellers as a result of any withdrawal, cancellation or postponement of Auctions or sales. Withdrawal of Auction/Auction listings: Bidders acknowledge and agree that Auction listings may be withdrawn or sold prior to or after the end of the designated auction period, that the Auction may be discontinued, either temporarily or permanently, and that the Auction may, at AmericanHomeAuctions.com’s sole discretion, be extended beyond the designated auction period, all without notice to You. Seller: If seller cancels, seller acknowledges and agrees they shall do it in writing and pay a one-time $499 cancellation fee before the listing is canceled. Generally, Auction listings shall be sold to the highest bidder; provided, however, that some listings may be auctioned with minimum reserve price.
11. COMPLETION OF TRANSACTIONS Liability for Auction Listings: Auction listings shall be and remain at the risk of the Seller (and not AmericanHomeAuctions.com) until the listing is removed from the posted Auction location. Sales and Use Tax: All bids and offers must be net of any taxes imposed with respect to the sale or purchase transaction. You acknowledge and agree that AmericanHomeAuctions.com is providing a service in the calculation, reporting and remittance of sales or use tax taxes which may be assessed, due or owing to the taxing authorities of any taxing jurisdiction for transactions that arise in connection with Your use of the Services. Each Seller shall indemnify AmericanHomeAuctions.com against any tax, cost or expense relating to the failure of the Seller to satisfy any sales or use tax liability related to a transaction within their jurisdiction. Other Taxes, Charges or Required Reports: If the Auction listing is real property, You assume responsibility for payment of all real estate taxes, transfer fees, and transaction costs, all according to any agreement You have with a Buyer. You assume responsibility for Your income tax liability, and all other charges or required reports, it being understood and agreed that AmericanHomeAuctions.com provides only the auction services and is not acting as a broker or closing agent. listing Removal and Removal Period: The Removal Period for Auction listings shall be determined by AmericanHomeAuctions.com and will be posted in the auction-specific terms and on listing detail pages. AmericanHomeAuctions.com shall have no responsibility with respect to disconnecting utilities to Auction listings, including electric, gas, waste and water lines. AmericanHomeAuctions.com shall have no responsibility or liability in regard thereto. Remittance: Once Constructive Receipt (as defined herein) has occurred for any Auction listing, remittance of proceeds to Seller may occur. AmericanHomeAuctions.com does not transfer legal ownership of listed Items from the Seller to the Buyer, and in the case of non-real property listings, nothing in this Auction Agreement shall modify the governing provisions of Uniform Commercial Code 2-401(2), under which legal ownership of an listed Item is transferred upon physical delivery of the listed Item to the Buyer by the Seller.
12. DISCLAIMER, INDEMNITY, LIMITATION OF LIABILITY Indemnification: You agree to defend, indemnify and hold harmless AmericanHomeAuctions.com, our members, officers, directors, agents, subsidiaries and employees from claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, to the extent arising out of or in any way connected with any breach or violation by You of these Terms, any use by You of the Website or any disputes or damages arising out of Your use of or contracts formed with You through this Website. Disclaimer of Warranties: The services and the Website, including all property listed for sale, content, functions, materials, services and information made available on or accessed through the Services or the Website, are provided on an “as is”, where is”, “as available” basis “with all faults” and without representations or warranties of any kind whatsoever, express or implied, including without limitation, non-infringement, merchantability or fitness for a particular purpose. AmericanHomeAuctions.com does not warrant the compliance of the property with environmental laws or other legal requirements or the presence of hazardous materials or lack thereof. AmericanHomeAuctions.com does not warrant that the functions, features or content contained, made available on or accessed through Services or the Website, including without limitation any Third-Party Software, products or other materials used in connection with the Services or the Website, will be timely, secure, uninterrupted or error free, or that defects will be corrected. AmericanHomeAuctions.com makes no warranty that the Website or the Services will meet Seller’s requirements, and expressly disclaims any representations, warranties or guarantees that any property for sale through the Services or the Website will be sold. If Seller is dissatisfied with the Services or the Website, Seller’s sole remedy is to discontinue using the Services and the Website. No advice or information, whether oral or written, obtained by Seller from AmericanHomeAuctions.com or through the Services or the Website shall create any warranty. AmericanHomeAuctions.com expressly disclaims any responsibility for any misrepresentations or breaches committed by any User. Without limiting the foregoing, AmericanHomeAuctions.com shall not be liable for any act done or omitted under this Auction Agreement while acting in good faith and in the exercise of reasonable judgment. AmericanHomeAuctions.com is authorized to comply with and obey orders, awards, judgments or decrees of any court of law or arbitration tribunal, notwithstanding any notices, warnings or other communications from any party or any other person to the contrary. In case AmericanHomeAuctions.com obeys or complies with any such order, judgment or decree of any court or arbitration tribunal, AmericanHomeAuctions.com shall not be liable to You or to any other person by reason of such compliance, notwithstanding any such order, judgment or decree being subsequently reversed, modified, annulled, set aside, vacated or found to have been entered without jurisdiction. AmericanHomeAuctions.com shall not incur any such liability for any action taken or omitted in reliance upon any instrument, including any electronic transmission (such as an email) written statement or affidavit that AmericanHomeAuctions.com shall in good faith believe to be genuine, nor will AmericanHomeAuctions.com be liable or responsible if acting in good faith for forgeries, fraud, impersonations, or determining the scope of any representative authority. Limitation of Liability: In no event shall AmericanHomeAuctions.com be liable for any special, incidental or consequential damages that are directly or indirectly related to the use of, or the inability to use, the Services, the Website or its content, including without limitation, the inspection report and Materials and functions related thereto, including without limitation, loss of revenue or anticipated profits or lost business or lost sales, even if AmericanHomeAuctions.com or an authorized representative thereof has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain Sellers. In no event shall the total liability of AmericanHomeAuctions.com to You for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence, product liability or otherwise) arising from this Auction Agreement or Your use of the Website and the Services exceed, in the aggregate, $100.00. The foregoing limitation shall apply and survive notwithstanding any failure of essential purpose of any remedy.
13. ELECTRONIC COMMUNICATIONS When You visit www.AmericanHomeAuctions.com or send emails to us, You are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with You be email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy and legal requirement that such communications be in writing.
14. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT To the extent that You post reviews, comments, communications or any other content, submit suggestions, ideas, comments, questions, or other information, the content shall not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and must not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of content. AmericanHomeAuctions.com reserves the right (but does not undertake the obligation) to remove or edit such content, but does not regularly review posted content. If You do post content or submit material, unless we indicate otherwise, You grant theOffMarketAuctions.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant AmericanHomeAuctions.com and its affiliates and sublicensees the right to use the name that You submit in connection with such content, if they choose. You represent and warrant that You own or otherwise control all of the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate these Terms and will not cause injury to any person or entity; and the You will indemnify AmericanHomeAuctions.com or its affiliates for all claims resulting from content You supply. AmericanHomeAuctions.com has the right but not the obligation to monitor and edit or remove any activity or content. AmericanHomeAuctions.com takes no responsibility and assumes no liability for and content posted by You or any third party.
15. GENERAL PROVISIONS You Acknowledge: Federal, state, and local legislation impose liability upon existing and former owners and users of property, in applicable situations, for certain legislatively defined, environmentally hazardous substances. Modification and Availability: AmericanHomeAuctions.com may, at any time, delete, modify or supplement the content of this Website without prior notice. AmericanHomeAuctions.com reserves the right, for any reason, at its sole discretion, to terminate, change, suspend or discontinue any aspect of the Website or the Services, including, but not limited to, content, features or hours of availability. AmericanHomeAuctions.com 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. Monitoring: You agree that AmericanHomeAuctions.com 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. AmericanHomeAuctions.com 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. Access and Interference: You agree that You will not use any automatic device or manual process to monitor or copy AmericanHomeAuctions.com web pages or the content contained therein. You agree that You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website. Service Integrity: AmericanHomeAuctions.com makes reasonable commercial efforts to make its Services and Website available at all times. However, AmericanHomeAuctions.com is not responsible for any service interruptions, including, but not limited to, interruptions that may affect the receipt, processing and acceptance of bids or other aspects of an auction or sale. Controlling Law and Venue: This Auction Agreement, and all questions with respect to the interpretation of this Auction Agreement, shall be governed by and construed in accordance with the internal laws of the State in which the listed Item is physically located, without regard for conflict of laws provisions. Consistent with the Dispute Resolution section below, You expressly consent to personal and exclusive jurisdiction in the courts of the state in which the listed Item is physically located. Dispute Resolution: You agree to mediate and arbitrate any dispute or claim between or among You and AmericanHomeAuctions.com or any Seller or Buyer and arising out of or relating to these Terms, this Auction Agreement, any sale of a listed Item, any inspection report or any other transaction contemplated by these Terms, including, but not limited to, all contract and tort claims, statutory claims, claims for relief whether equitable or legal, issues of arbitrability, and disputes about the scope of this clause. Dispute resolution shall be conducted pursuant to the following procedures. Before initiating any arbitration, the parties shall engage in mediation, which is a process in which parties attempt to confidentially resolve any dispute by submitting it to an impartial neutral mediator who is authorized to facilitate the resolution of the dispute but who is not empowered to impose a settlement. Mediation shall be conducted in the state in which the listed Item is physically located, by a mediator affiliated with the American Arbitration Association (“AAA”) unless the parties mutually agree to a different mediator and/or location. Should mediation prove unsuccessful to resolve the dispute, and within one year of the dispute arising, a party shall make a demand for binding arbitration to be conducted in accordance with the rules of commercial arbitration of AAA. A single arbitrator with knowledge of the auction industry shall conduct the arbitration in the state in which the listed Item is physically located. The parties shall mutually agree upon such arbitrators. In the event that the parties have not agreed to a mutually acceptable arbitrator within thirty (30) days of the date of the notice of intention to arbitrate, the AAA shall select the arbitrator from its regularly maintained list of commercial arbitrators. The arbitrator shall be bound to apply the law, including the Federal Rules of Evidence and the Federal Rules of Civil Procedure, and shall be empowered to hear and determine dispositive motions including motions to dismiss and motions for summary judgment. The parties shall have the right to conduct two depositions of each opposing party. The aggregate deposition discovery conducted in connection with any such arbitration hearing shall not exceed ten (10) hours for each party. The arbitrator shall have the right to issue injunctions and attachments and other equitable remedies and award compensatory damages. The arbitrator shall have no power to award consequential, punitive or treble damages, or any other manner of enhanced damages. The prevailing party in any arbitration shall have the right to an award of attorneys’ fees and costs. The award of the arbitrator shall be final and binding and any party to the dispute may seek to confirm the award of the arbitrator in any state or federal court of competent jurisdiction in the state in which the listed Item is physically located, and enforce the award as a judgment. Except for the filing of a judicial action to confirm, modify, vacate, or enforce an arbitrator’s award, including the award of an injunction or attachment, which filing is permissible, any party who initiates litigation, or who initiates arbitration without first mediating a dispute, shall forfeit any and all right to attorneys’ fees and costs as a prevailing party, and shall reimburse any other party to the litigation for their costs of litigation including attorneys’ fees and costs. 13 Notices to theOffMarketAuctions.com: To be valid, notices must be sent through the contact page and by certified mail, return receipt requested, to AmericanHomeAuctions.com; Attention Legal Department; 10825 N. 68th St, Scottsdale, AZ 85254, or to such other address as may be designated from time to time. Notices to theOffMarketAuctions.com shall be deemed to have been given on the date shown on the U. S. Post office return receipt. Notices to Seller: Notices to Seller will be sent by email at the email address reflected in Seller’s User Registration. Notices to Seller shall be deemed to have been received 24 hours after the email is sent. Termination: This Auction Agreement constitutes a legally binding agreement between You and theOffMarketAuctions.com until terminated by You or theOffMarketAuctions.com, which either party may do at any time prior to final sale of a listed Item. If You become dissatisfied with the Services or the Website, in any way, Your only recourse is to immediately discontinue use of the Services. Jurisdiction: The laws of the State of Arizona shall govern this Auction Agreement. Copyright and Trademarks: The trademarks, trade names and all material contained on the Website, including all portions of the Website, content, Website design, text, graphics, and all intellectual property rights thereto are the sole and exclusive property of AmericanHomeAuctions.com or its licensors. The use of any such property for any other reason, on any other website, or the modification, distribution or republication of this material without the prior written permission from AmericanHomeAuctions.com is strictly prohibited. Survival: This Auction Agreement comprises the entire agreement between You and theOffMarketAuctions.com and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions in this Auction Agreement regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination or conclusion of this Auction Agreement. Export Control Laws: Materials and Services derived or obtained from the Website may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, re-export, or 14 import authorizations required by U.S. or Your local laws; (b) not use Materials or Services to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide Materials or Services to prohibited countries and entities identified in the U.S. export regulations. By accepting these Terms You confirm that You are not a resident or citizen of any country currently embargoed by the U.S. A list of embargoed countries is available at the official website of the Office of Foreign Assets control of the U.S. Department of the Treasury at www.treas.gov/ofac. Entire Agreement: These Terms set out the entire understanding between theOffMarketAuctions.com and You with respect to the use of the Website. No other terms, whether expressed or implied, shall apply unless specifically incorporated by reference herein. Waiver and Severability of Terms: If any provision of this Auction Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of this Auction Agreement, and the remainder of this Auction Agreement shall continue in full force and effect. The failure by either You or AmericanHomeAuctions.com to exercise or enforce any rights or provisions of this Auction Agreement shall not constitute a waiver of such right or provision.
16. Transaction Details
• A Buyer’s (Platform) Fee for the winning bid shall be automatically charged to the winning bidders credit or debit card or PayPal account on file upon auction completion. The buyer’s fee is $1,500.
• Any delinquent HOA/COA assessments shall be paid in accordance with the applicable purchase sale agreement.
• Property is being offered by the seller in as-is condition, where it is without inspection, financing or contingencies.
• NO CREDIT CARD CHARGEBACKS: Each Bidder agrees to NOT, under any circumstances, initiate a credit card chargeback with respect to any charges. Bidder further agrees that if Bidder initiates a credit card chargeback, upon AmericanHomeAuctions.com demand (1) Bidder shall withdraw such credit card chargeback and request the credit card issuer to re-credit all amounts to the account of the AmericanHomeAuctions.com; and (2) Bidder shall be responsible for all costs and expenses, including but not limited to any attorney fees incurred by or on behalf of the AmericanHomeAuctions.com, in challenging the credit card chargeback.
• Until the seller’s reserve price is met, AmericanHomeAuctions.com may counter bid on behalf of the seller. Counter bidding gives buyers and sellers more flexibility to find a mutually agreeable price. Counter bids do not occur after the seller’s reserve price is met.
Limitation of Action: You agree that any cause of action arising out of or related to the Services or this Auction Agreement must commence within ten (10) days after the cause of action arose; otherwise, such cause of action is permanently barred.
Listing party has final say on any sale.
SIGNED by selecting “Complete Registration” at account creation.