Effective Date: July 29, 2022
Last updated July 29, 2022
The Company owns the Service, and the Service is a merely a platform. The Company does not own any property listed on the Service. The Company is not the seller of any property listed on the Website or otherwise through the Service. The Company does not market or conduct the auction of any property listed on the Website or otherwise through the Service. The Company does not obtain or furnish any information about any auction or property listed on the Website or otherwise through the Service. The Company is not a Sales Official, a real estate broker, or an appointee of a court. The Company is not involved in or a party to any transaction that arises from your use of the Website or otherwise through the Service.
2. OWNERSHIP AND YOUR RIGHTS TO USE THE SERVICE AND CONTENT
Excepting UGC embedded or otherwise included therein, the Service and all of its Content ("Content"), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein ("Intellectual Property"), are owned or controlled by the Company, our licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Service is the property of the Company, our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners. The Company owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.
- Display, view, use, and play the Content on a computer, mobile or other internet enabled or permitted device ("Device") and/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you.
- Stream the Content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Service.
- If the Service includes a "Send to Friend," social media sharing or similar tool that allows you to initiate and send to one of your friends a communication that includes Content, or to post our Content to Third-Party Services or your own site or online service, and the tool is operational, use the tool to do so; provided, however, that you do not do so in any manner that violates applicable law or third-party rights or reflects negativity on us, and only send to recipients you have permission to contact.
- If the Service includes a "Download" link next to a piece of Content (including, without limitation, an image, an icon, a wallpaper, a music track, a video, a trailer, an RSS feed), you may only download a single copy of such Content to a single Device.
- If made available to you, obtain a registered personal account (and/or related username and password) on the Service and interact with the Service in connection therewith.
- Link to the Service from a website or other online service, so long as: (a) the links only incorporate text, and do not use any the Company names, logos, or images, (b) the links and the Content on your website do not suggest any affiliation with the Company or cause any other confusion, and (c) the links and the Content on your website do not portray the Company or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain Content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwise objectionable to the Company. The Company reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
Access to certain portions and functionality of the Service requires account creation and/or registration on the Website and your agreement to be bound by the applicable Auction Terms and Conditions.
In using the Service, you must respect the intellectual property and rights of others and the Company. Your unauthorized use of Content may violate the rights of others and applicable laws, and may result in your civil and criminal liability. If you believe that your work has been infringed via the Service, see Section 7 below.
3. CONTENT YOU SUBMIT
In your communications with the Company, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for websites, apps, software or otherwise (collectively, "Unsolicited Ideas and Materials"). Any Unsolicited Ideas and Materials you submit are deemed UGC and licensed to us as set forth below. In addition, the Company retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. The Company's receipt of your Unsolicited Ideas and Materials is not an admission by the Company of their novelty, priority, or originality, and it does not impair the Company's right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
The Company has no obligation to monitor or enforce your intellectual property rights to your UGC, but you grant us the right to protect and enforce our rights to your UGC, including initiating actions in your name and on your behalf (at the Company's cost and expense, to which you hereby consent and irrevocably appoint the Company as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
If you submit UGC that the Company reasonably believes violates these rules, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by applicable law or otherwise. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the UGC in question being removed from the Service.
You are solely responsible for your interaction with other users of the Service, whether online or offline. This includes all communications and Transactions between you and Sales Officials, and between you and homeowners, vendors, or other third parties and users. We are not responsible or liable for the conduct or Content of any user, including Sales Officials, or homeowners, or third parties. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users, including Sales Officials, homeowners, vendors, or other third parties. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
4. SERVICE AND CONTENT USE RESTRICTIONS
The Company, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Service and/or Content (and any elements and features of them), in whole or in part, for any reason, in the Company's sole discretion, and without advance notice or liability.
You are responsible for complying with all applicable laws related to the use of the Service. You, and not the Company, are solely responsible for conducting due diligence regarding any property on the Service. You acknowledge and agree that all properties on the Service are offered and are being sold in their "as is" and "where is" condition, with all faults, defects, and limitations, whether apparent or not, and that no warranties of title are made in connection with the conveyance of title. You further acknowledge and agree that if you are the highest bidder for a property, you will be bound by Ohio law and the terms of the applicable Auction Terms and Conditions to complete your purchase of the property without any contingencies, including financing and inspection contingencies. By placing a bid on a property, you represent that you have conducted all necessary research and due diligence about the property that you deem appropriate or necessary in order for you to place your bid.
You further acknowledge and agree that we have not made, do not make and specifically negate, and disclaim, any representations, warranties, promises, covenants, agreements or guarantees of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect to any property listed on the Service, including the occupancy status of any property and whether any information about a property is complete, accurate, reliable, current, or error-free. All descriptions of properties are based solely on visual observations or information available from public records and are provided solely for identification purposes.
If you are the highest bidder at an auction, you acknowledge and agree that all eviction proceedings and other duties and responsibilities of a real property owner and/or landlord, including compliance with federal, state or local laws, ordinances and regulations, will be your sole responsibility and obligation.
5. REGISTRATION AND ACCOUNTS
You do not need to register or create an account with us to use certain aspects of the Service. However, registration and/or account creation are necessary to engage in certain other Service activities and to access certain Service Content and functionality. If you want to place a bid on a property, you must register for an account with the Company and provide certain information about yourself or the entity you represent as prompted by the Website registration form and agree to be bound by the Auction Terms and Conditions applicable to the property. You are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your Device and for all activity under your account, including any bid placed on a property. User names and passwords must be personal and unique, and they shall not violate the rights of any person or entity or be offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us via the contact page on the Website of any unauthorized use of your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use, including all bidding activity. You should use particular caution when accessing your account from public or shared computers or devices so that others are not able to view or record your password or other personal or other information. You shall not sell, transfer, or assign your account or any account rights. Any attempt to do so will be null and void.
Without limiting the forgoing, you acknowledge that although electronic communications may provide convenience, related technology and tools have provided bad actors with opportunities for scams and other criminal activity. Phone calls, emails, and messages may appear to be legitimate, but could be a phishing attempt - an attempt to induce you to wire or otherwise transfer funds to a bad actor. If you do, your funds may not be recoverable. The FBI indicates email account compromise is one of the most financially damaging online crimes.
YOU SHOULD EXERCISE EXTREME CAUTION WHEN WIRING OR ELECTRONICALLY TRANSFERRING FUNDS OR OTHERWISE TRANSMITTING FUNDS OR COMMUNCATING ELECTRONICALLY!
6. OTHER PROGRAMS
7. PROCEDURE FOR ALLEGING COPYRIGHT INFRINGEMENT
If you are a copyright owner who would like to send us a notice pursuant to the Digital Millennium Copyright Act ("DMCA") to identify Content or material posted on the Service that is infringing that you would like removed from our Service, or if you are a user whose work has been removed in response to such a notice of infringement and would like to file a DMCA counter-notice, you may submit such notice to us via the contact page on the Website.
8. NOTICES, QUESTIONS AND CUSTOMER SERVICE
You agree that we may give you notices or otherwise respond to you by mail or to your email (if we have it on file) or in any other manner reasonably elected by us. All legal notices to us must be sent to:
Attention: General Counsel
1555 Lake Shore Drive
Columbus, Ohio 43204
9. GEOGRAPHIC RESTRICTIONS
The owner of the Service is based in the State of Ohio in the United States. We provide the Service for use only by persons located in the United States. We make no claims that the Service or any of its Content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
10. LIMITED ROLE OF COMPANY AND THE SERVICE AND RELEASE OF LIABILITY
Without limiting the generality of the forgoing, we do not warrant that any specifications, descriptions, pricing, or other UGC or Content made available by the Company or users (including without limitation Sales Officials or homeowners) on or through the Service is complete, accurate, reliable, current, or error-free. You agree that you will look solely to the Sales Official, and not to the Company, in all respects regarding any disputes that may arise between you and the Sales Official or homeowner, as applicable. As permitted by applicable law, by using the Services, all users (including without limitation Sales Officials and homeowners) irrevocably agree to release and hold Company Parties (defined below) harmless from and against all losses, damages, liabilities, claims, actions, proceedings, or judgments arising out of or relating to listings, properties, auctions, sales, UGC, and Transactions.
All users understand and agree that an auction might be cancelled or postponed for a variety of reasons. There is no guarantee that an auction will take place or be completed. The Company is not responsible for the cancellation or postponement of any auction.
All users understand and agree that a sale might be postponed or vacated by order of the court for a variety of reasons. There is no guarantee that a sale will be completed. The Company is not responsible for the vacation or postponement of any sale.
All users understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Users acknowledge that Section 1542 provides that: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
Sales Officials may hire a title agency to assist them with the auction process, including the collection and disbursement of funds and the recording of deeds. You acknowledge and agree that you are not in privity of contract with any title agency hired by a Sales Official and are not a third-party beneficiary of any agreement between a Sales Official and a title agency.
11. THIRD-PARTY SERVICES; ADVERTISEMENTS; DEALINGS WITH THIRD PARTIES
Any interactions, correspondence, transactions, or dealings you have with any third parties found on or through the Service (including on or via Third-Party Services, advertisements, Listings or with Interested Persons or Sales Officials) are solely between you and the third party (including issues related to the Content of third-party advertisements, payments, delivery, warranties, privacy and data security, and the like). As permitted by applicable law, the Company disclaims all liability in connection therewith.
This Agreement shall be construed, and the legal relations between the parties determined, in accordance with the laws of the State of Ohio, without regard to its conflicts of law rules. Any allegation, controversy, or claim arising from or relating to a property listed on the Service or a transaction involving a property listed on the Service shall be brought in the court that appointed the Sales Official to conduct an auction of such property. Any other allegation, controversy, or claim shall be brought in the Franklin County, Ohio, Court of Common Pleas or the United States District Court located in Franklin County, Ohio. You hereby irrevocably consent to the exclusive jurisdiction and venue of these courts. You agree to submit to the personal jurisdiction of these courts, and you agree not to assert the doctrine of forum non conveniens in any action in these courts.
Limitation on Injunctive Relief
AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, UGC, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY COMPANY PARTY (INCLUDING YOUR LICENSED UGC) OR A LICENSOR OF ANY COMPANY PARTY.
Class Action Waiver
As permitted by applicable law, both you and the Company waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THIS AGREEMENT, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
13. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED OR OTHERWISE MADE AVAILABLE ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. To the fullest extent permissible by applicable law, the Company and their direct and indirect parents, subsidiaries, and affiliates, including Allodial Title LLC, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, "the Company Parties") hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, Content or other Content, the Company Licensed Elements, UGC, Listings, transactions, properties or other Company products or services.
THE COMPANY PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. THE COMPANY DOES NOT WARRANT THE SERVICE AND/OR CONTENT AND/OR UGC OR OTHER CONTENT OR MATERIALS WILL BE RELIABLE, ACCURATE, ERROR FREE OR UNINTERRUPTED, OR THAT THE SERVICE WILL MEET YOUR NEEDS OR EXPECTATIONS.
NOTWITHSTANDING THE FORGOING, THIS SECTION DOES NOT EXPAND OR LIMIT ANY CAUSE OF ACTION YOU MAY HAVE AGAINST THE COMPANY PARTIES THAT IS NOT WAIVABLE UNDER APPLICABLE LAW.
Limitations of Liability
AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING PERSONAL INJURY OR DEATH OR FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, IN CONNECTION WITH, OR OTHERWISE DIRECTLY OR INDIRECTLY RELATED TO, WITHOUT LIMITATION, THE SERVICE, CONTENT OR OTHER CONTENT, THE COMPANY LICENSED ELEMENTS, UGC, TRANSACTIONS, PROPERTIES OR OTHER THE COMPANY PRODUCTS OR SERVICES, EXCEPT FOR DIRECT DAMAGES FOR PERSONAL INJURY CAUSED BY A PHYSICAL PRODUCT MANUFACTURED, SOLD OR PROVIDED BY THE COMPANY. WITHOUT LIMITING THE FORGOING, TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICE OR UGC OR OTHER ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO OR FROM IT.
THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY OF THE EVENTS OR CIRCUMSTANCES WERE FORESEEABLE AND EVEN IF THE COMPANY PARTIES WERE ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, REGARDLESS OF WHETHER YOU BRING AN ACTION BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE SERVICE).
15. GENERAL PROVISIONS
The Company controls and operates the Service from Ohio, U.S.A., and makes no representation that the Service is appropriate or available for use beyond the U.S.A. If you use the Service from other locations, you are doing so on your own initiative and responsible for compliance with applicable local laws regarding your online conduct and acceptable Content, if and to the extent local laws apply.
You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by U.S. law, you agree and warrant not to export or re-export the Service, software, or any item, article, or material, or information to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.
In the event you opt-in to receive SMS or other messages, you authorize the Company and our designees to send the applicable messages as described in the applicable notices, and without limitation you authorize such messages to be sent with varying messaging frequency and such other frequency as may be described in the applicable notices and as otherwise permitted by applicable law. Without limiting the forgoing, such messages may include marketing messages, and you represent that you are the registered owner or authorized user of the applicable device, and are authorized to provide the applicable consent. You acknowledge that SMS messages sent by Compass or our designees using an automated telephone dialing system are optional and not a condition of purchase or use of the Website. Message and data rates may apply. You acknowledge your carrier may charge for each message sent and received, and that you are solely responsible for any fees or charges incurred from sending or receiving the applicable messages. If your carrier does not permit SMS messages, you may not receive the SMS messages. Without limiting our rights or expanding our liability, neither we nor the wireless carriers will be liable for any delays in the receipt of, or failure to deliver any SMS message from us or our designees sent by automated telephone dialing system or otherwise.
Last updated July 29, 2022
© July 29, 2022, Roup LLC. All Rights Reserved.