James Land Company -- Auction Site User Agreement

This is a legal agreement between you, the user, and Site Owner d/b/a James Land Company

1. GENERAL USE PROVISIONS

   
   This site is provided only as a venue (1) for real estate sellers who, through bona fide listing brokers, post properties for sale using this site’s online services; and (2) for prospective purchasers of real estate to gain access to those listing brokers, obtain information, and place online offers to purchase such properties. Site Owner assumes no control or liability over any issues that may arise as a result of a transaction in which another real estate professional is acting as the Listing Broker. As a potential Seller or Buyer, your registration on this site will indicate your acceptance of the terms and conditions of this agreement.
    

2. INTELLECTUAL PROPERTY

   
   All materials provided on this Website, including but not limited to information, documents, products, logos, graphics, images, auctions, and services are the wholly owned and copyrighted work of Site Owner, the Listing Brokers who use this site and third Party Affiliates. None of the materials posted herein may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Site Owner, Listing Brokers, or the applicable Third Party Affiliate; and you may not "mirror" any materials contained on this Website on any other server or site without the prior written consent of the above. In order to register on this site you must provide your true name and a valid email address. Your email address will be kept confidential for purposes of our business communication only.
    

3. BIDDING ON PROPERTIES, BUYER’S RESPONSIBILITIES AND FEES.

   
   SPECIFIC EXCLUSION: Users, while practice bidding, are excluded from any and all obligations under this section. (Section 3)

   Bidding on REAL ESTATE indicates your intent to purchase the REAL ESTATE. With your acceptance of the site rules and your registration you indicate your willingness and ability to close the transaction if you are the winning bidder concurrently with the payment of the Buyer Premium described herein. Bids cannot be cancelled once they are submitted. Upon receiving notification that you are the winning bidder you are obligated to purchase the REAL ESTATE. You agree to pay all fees incurred from your use of this Website. All fees incurred in connection with this Website are non-refundable. This includes, but is not limited to, a BUYERS PREMIUM which is also known as an internet transaction fee. This fee applies to properties you purchase as a winning bidder and applies during a specific HOLDOVER PERIOD as follows: If you are activated to bid in a specific auction where there is no winning bid declared, but during the 185 days following the closing of the auction you enter into a buy/sell agreement with the Seller pursuant to a listing held by the current listing broker who posted the property for auction, the buyer’s premium will apply. Do not place a bid if you do not understand this paragraph and the calculation of the buyer’s premium associated with a transaction. .
    

4. LISTING REAL ESTATE FOR AUCTION, SELLER’S RESPONSIBILITIES AND FEES.

   
   Listing your property with real estate brokers for online auction on this site indicates your intent to sell this property to the highest bidder. It is irrevocable unless the highest bid does not equal or exceed either a minimum price established for the property or any reserve price which has been agreed upon in writing between you, as seller, and the listing broker. Minimum pricing strategy and reserve pricing strategy is not the function of Site Owner, but should involve both you and listing broker. Your intent to sell is legally binding. Upon completion of the auction it is your responsibility to complete the sale with the winning bidder. Sellers acknowledge notice that this site may post multiple real estate properties for auction sale simultaneously. Fees involved with the listing are between Seller and the Listing Broker. In order to post real estate on this auction site you must agree to the following:

   a. To list your property with a real estate broker who is currently licensed in the state or country in which your property is located.

   b. To meet the underwriting requirements of Site Owner regarding the suitability of your property and its packaging for online auction sale. These requirements will include, but are not limited to, a reasonable review of value. Acceptance or denial of a property for posting on this site will be determined in the sole judgment of Site Owner.

   c. To abide by all site rules current at the day of placing your property for auction.

   d. To not inflate the price of your real estate by bidding on the property yourself or through third parties.

   e. To not infringe on any third party copyright, trademark, service mark or patent.

   f. To not engage in any other fraudulent or illegal activity.

   
    

5. SERVICE IMPAIRMENTS AND INTERRUPTIONS

   
   If service from the website is impaired or interrupted for any reason whatsoever during the final four hours of an auction (including any overtime periods created through the application of dynamic bidding) the site owner may, at their sole discretion, create a future bidding period for completing the auction.
    

6. DENIAL OF SERVICE

   
   Site Owner reserves the right to refuse service to anyone when it becomes evident a user is in some way abusing the system.
    

7. NONDISCRIMINATION

   
   Site Owner and users agree not to discriminate unlawfully against any person because of the race, creed, color, sex, age, national origin, familial status, physical or mental handicap, or religion of such person.
    

8. TERMS OF SERVICE NOTICE TO BIDDERS

   
   This Auction Site User Agreement comprise the entire agreement between the Bidder and Site Owner and supersede all other agreements. By registering and participating as a user you are indicating your consent to be bound by this agreement. Information and changes posted on this site supersede information posted in any other media. Bidders understand and agree that, although they may have registered on this site, they must forward any required earnest money, receipt any brokerage disclosures required by state statutes, and be authorized for bidding by the listing broker prior to being activated for bidding on a specific real auction.
    

9. TERMS OF SERVICE NOTICE TO SELLERS

   
   Sellers, through their listing brokers, who post real estate for online auction on this site, will be governed by terms of Listing Agreements (or online auction addendums) which they have executed with real estate brokers together with the terms of this agreement. James Land Company will require copies of these agreements together with broker’s written authority for posting the auction, the dates, minimum bids, minimum incremental bids, and reserve prices, if any, prior to posting the auction online. The reserve price, if any, will be kept in confidence until it is met by bidders. The amount of earnest money required prior to bidding will be determined at the sole discretion of Sellers.
    

10. GOVERNING LAW

    
    This User Agreement will be governed by and construed in accordance with the substantive laws in force in the State of Wyoming.
     

11. SEVERABILITY

    
    If any part of the User Agreement is found void and unenforceable, it will not affect the validity of the balance of the User Agreement, which shall remain valid and enforceable according to its terms.
     

12. DISCLAIMER

    
    EXCEPT AS SPECIFIED HEREIN, THE SERVICES ON THIS WEBSITE ARE PROVIDED SOLELY ON AN "AS IS" BASIS. SITE OWNER HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID IN YOUR JURISDICTION. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE REAL ESTATE YOU ARE BIDDING ON IS SUFFICIENT FOR YOUR PURPOSES. JAMES LAND COMPANY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY AND SUITABILITY OF THE REAL ESTATE, OR THE ACCURACY, OR COMPLETENESS OF ANY OF THE INFORMATION RELATIVE TO PROPERTIES OFFERED ON THIS WEBSITE BY SELLERS THROUGH THEIR REAL ESTATE BROKERS.
     

13. LIMITATION OF LIABILITY

    
    SITE OWNER SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES SUFFERED AS A RESULT OF PURCHASING OR SELLING REAL ESTATE ON THIS WEBSITE. IN NO EVENT SHALL SITE OWNER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER ARISING, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEBSITE, EVEN IF JAMES LAND COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE TO HOLD JAMES LAND COMPANY HARMLESS FROM, AND YOU COVENANT NOT TO TAKE ANY LEGAL OR OTHER ACTION AGAINST JAMES LAND COMPANY, ASSERTING ANY CLAIMS BASED ON OR RELATED TO THE USE OF THIS WEBSITE.