Welcome to REALBIDWINNER.COM!

1. MANDATORY MEMBERSHIP AGREEMENT. YOU MUST READ AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE YOU MAY BECOME A MEMBER OF, OR OTHERWISE ACCESS OR VIEW REALBIDWINNER.COM. PLEASE READ THIS LEGAL DOCUMENT ("AGREEMENT") CAREFULLY. THIS AGREEMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. THIS AGREEMENT SETS FORTH THE ENTIRE AGREEMENT BETWEEN YOU AND US. BY YOUR USE OR CONTINUED USE OF THIS SITE OR ANY OF ITS RELATED SERVICES, YOU WILL BE EXPRESSLY SIGNIFYING THAT YOU AGREE TO ALL THE TERMS, CONDITIONS AND OTHER PROVISIONS SET FORTH IN THIS AGREEMENT AND IN OUR PRIVACY POLICY. A copy of this membership agreement will be sent to you at the e-mail or physical address you provided upon registration. Additionally, we recommend that you print this agreement for your records.
2. WHO WE ARE. RealBidWinner.com is operated by RealBidWinner.com, LLC, a Florida Limited Liability Company. RealBidWinner.com and RealBidWinner.com, LLC may be referred to collectively as "RealBidWinner.com", "RealBidWinner", "us", "we", "Site", "Website", or "the Company". RealBidWinner.com, LLC is a fully licensed real estate brokerage firm in the state of Florida. By accessing or using our website at www.RealBidWinner.com You (the "User") signify that You have read, understand and agree to be bound by these Terms of Use, whether or not You are a registered member of RealBidWinner.
3. RESERVATION OF RIGHTS TO CHANGE TERMS OF USE. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time. In the event of any change or changes to these Terms of Use, the revised Terms of Use will be posted on this page. Your continued use of the Service or the Site after any such changes will constitute your acceptance of the new Terms of Use. If, for any reason You do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or Site. It is your responsibility to check the Site before each use to determine if there have been changes to these Terms of Use.
   
   Any bidding advice or other written advice (for instance, ‘Help Topics’ articles) posted on the Website is provided solely as a suggestion and is not intended to be relied upon. Company is not responsible for any actions taken due to a user or other person having read or been told such advice.
4. DISCLOSURE ON USAGE AND ADDICTIVE NATURE OF AUCTION. We would like to advise all users to monitor their bidding practices. Placing bids on the website frequently or repeatedly can incur high costs. Users should therefore pay attention to their bidding practices and check their charges regularly. The use of any auction website may lead to excessive or addictive practices. Do not use, or cease use of, this site if you suffer from addictive episodes and immediately seek professional assistance.
   
   5. ACCESS AND USE RESTRICTED TO ADULTS ONLY. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS OF AGE (OR TWENTY-ONE (21) WHERE EIGHTEEN (18) IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW, USE OR OTHERWISE PARTICIPATE IN THE WEBSITE, OR ANY MESSAGES OR COMMUNICATIONS AVAILABLE IN, AT, THROUGH, OR IN ASSOCIATION WITH, THE WEBSITE UNLESS YOU ARE CAPABLE OF LAWFULLY ENTERING INTO AND PERFORMING ALL THE OBLIGATIONS SET FORTH IN THIS AGREEMENT.
5. RESTRICTIONS ON ACCESSING THE SITE ON BEHALF OF A MINOR. You hereby acknowledge that You understand and agree that any access to this Website or age restricted content, materials, messages, and/or communications, available in, at, through, or in association with, by a minor, or a person assisting a minor shall constitute an unauthorized access to the Company’s computer and databases in excess of the authorization expressly granted by the Company in this Agreement. Such access shall comprise a violation of The Stored Communications Act (18 U.S.C. §§ 2701-2710), trespass to chattels, intentional copyright infringement of the Company’s, and potentially others’, copyrights protected under the laws of the United States and other countries, intentional infringement of the Company’s trademarks and potentially other criminal and civil violations.
6. USE VOID WHERE PROHIBITED. Although RealBidWinner.com is accessible worldwide, not all products or services discussed or referenced in the Site are available to all persons or in all geographic locations or jurisdictions. Company reserves the right to limit, in its sole discretion, the availability of the Site and/or the provision and quantity of any product or service to any person, geographic area or jurisdiction it so desires. Any offer for any product or service made in connection with the Site IS VOID WHERE PROHIBITED BY LAW. You are subject to the laws of the Jurisdiction (state and federal) in which you reside and/or from which you access the Site and services provided. In the U.S. laws governing auctions, contests, and tournaments vary from state to state. You agree Company cannot be held liable if laws applicable to You restrict or prohibit Your participation. Additionally, if you have registered from any country which the United States has deemed ineligible to participate on the site or with United States entities, said registration or membership shall be immediately deemed void. Any winning bid will be cancelled upon discovery of a win where the win would be otherwise prohibited. These provisions may be amended from time to time, and RealBidWinner may publish an active list of prohibited countries in its sole discretion.
7. EXCLUSIVELY FOR INDIVIDUAL USE. RealBidWinner is exclusively for the personal use of individual users. NO COMMERCIAL ENTITY MAY SUBSCRIBE AS A MEMBER OF THIS SITE. However, upon a successful bid by an individual, a commercial entity may be designated as the title-holder for purposes of deed ownership. The Website may not be used in association with any commercial endeavours, or for any other purpose. Organizations, companies, and/or businesses may not become members of this website, and shall not use this Website or any of the services associated with the Website or transmit commercial messages, notices, advertisements, or other communications.
8. WARRANTY OF NON-COMMERCIAL USE. Through Your continued use of this website and its associated services You hereby warrant and affirm that you are not using the website for any commercial purpose, You will not transmit commercial messages, and You will not assist any third party in transmitting commercial messages, advertising, or otherwise using this Website or its associated services for any commercial purpose. For purposes of this provision, any desire to invest in real property shall not be deemed a commercial purpose. 
9. LIMITED LICENSE. In consideration of the purchase of the Bids, together with the representations, warranties, acknowledgments, and other agreements made by You, as set forth in this Agreement, and subject to the terms and conditions set forth in this Agreement, the Company hereby grants You a limited, nonexclusive and non-transferable license to use the content, materials, and services contained in, at, or made available through or in association with, the Website solely for Your personal auction experience, and non-commercial use, during the period in which You maintain a User Account in good standing. Your access to auctions and services may be controlled by the Company, and may be affected by Your history of use, wins and purchases.
10. PROHIBITED USES. You acknowledge that the Company specifically prohibits You from doing any of the following acts, and You agree and warrant that You will not do any of these prohibited acts:

1. Permit others to directly or indirectly access or use Your account;
2. Modify, translate, reverse engineer, decompile, disassemble, any part of the Website, any Content or other Materials, or any feature or function available in, at, through or in association with, the Website (except to the extent applicable laws specifically prohibit such restriction);
3. Harvest or collect any website data, email addresses or other contact information of other users for any reason;
4. Send by electronic or other means any unsolicited emails or other unsolicited communications;
5. Use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
6. Use automated scripts to collect information from or otherwise interact with the Service or the Site;
7. Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
8. Register for more than one User account, register for a User account on behalf of an individual other than Yourself, or register for a User account on behalf of any group or entity;
9. Impersonate any person or entity, or falsely state or otherwise misrepresent Yourself, Your age or Your affiliation with any person or entity;
10. Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
11. Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
12. Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
13. Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
14. Use or attempt to use another's User Account, service or system without authorization from the Company, or create a false identity on the Service or the Site;
15. Access or attempt to access administrative sub domains on the Site;
16. To intentionally cancel a payment, stop pay, or reverse pay any payment made on this site, You acknowledge that this reversal may, in certain circumstances, be deemed a criminal act.

A VIOLATION OF ANY OF THESE PROHIBITED USES WILL RESULT IN AN IMMEDIATE LOCK OUT OR CANCELLATION OF YOUR USER ACCOUNT.

12. TRADEMARKS. RealBidWinner.com, RealBidWinner, and other Company graphics, logos, designs, unique terms and definitions, page headers, button icons, scripts and service names are trademarks, or trade dress of the Company in the U.S. and/or other countries. The Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. Any use of this intellectual property without prior written consent will be prosecuted.
13. USER SUBMISSIONS AND CONDUCT. As a RealBidWinner account holder You may, from time to time, be allowed to create audio, video, textual and image content via webcam and other audio and video transmission or recording means ("User Content"). User Content and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, You retain all of your ownership rights in Your User Content. However, by submitting User Content to the Company, You hereby grant the Company a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the RealBidWinner Website and Company's (and its successors' and affiliates') business, including without limitation, for promoting and marketing the Website in any media formats and through any media channels. You understand that by submitting User Submissions You are granting usage and license to RealBidWinner to publish information about winning Bidders and testimonials prepared by You or RealBidWinner. The licenses You grant Us as provided herein are perpetual and irrevocable.
14. USER RESPONSIBILITIES TO THIRD PARTIES. You represent, warrant and agree that no materials of any kind submitted through Your account or otherwise posted, transmitted, or shared by You on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libellous, defamatory or otherwise unlawful material. You agree that you will fully indemnify and hold the Company harmless for any violations of this section.
15. COPYRIGHT COMPLAINTS. We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the RealBidWinner website or service any materials that violate another party's intellectual property rights. If You believe there is any material published, transmitted, stored, cached or linked on the Website that infringes upon any copyright that You own or control, You may send a written notification of such infringement to our Designated Agent.
16. REPEAT INFRINGER POLICY. Pursuant to the Digital Millennium Copyright Act (DMCA) and in accordance with the Online Copyright Infringement Liability Limitation Act (“OCILLA” or “17 U.S.C §512”)(and other applicable law), Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
17. ELIGIBILITY. Employees and relatives of employees of Company, or any of its affiliates are NOT eligible to participate in the Website auctions under any circumstances.
18. REGISTRATION AND LIMITATIONS. During the registration process, You must choose a username. The user name should be appropriate. It must not be offensive, be deceptive or misleading, be obscene, or offend common decency, or infringe the intellectual property rights of third parties. If the Company receives credible information that a username name is illegal or in breach of any of these Terms, Company may replace this username or delete your membership without prior notice.

(a) REGISTRATION LIMITATIONS.  Only one registration will be allowed per person. Only one registration will be allowed per bank account. Only one registration will be allowed per IP address.

(b) USER ACCOUNT INFORMATION AND USER RESPONSIBILITIES. You are responsible for keeping your user account password confidential. User accounts are non-transferable or assignable. YOU are responsible for purchases made and registration fees spent on your user account. You agree that your user account may be used by you and not by anyone else. Any abuse of your user account, including but not limited to using it to the detriment of third parties or to damage the Company, shall result in the termination of the user account and the reporting of a crime. You agree that you alone are liable for all offensive or unlawful activities that are undertaken by your user account. Your user account may not be logged in from more than one location. If a second login is attempted, the previous location will automatically be logged out.

(c) LOCKOUT FOR IMPROPER USAGE.  If the Company suspects someone is accessing or attempting to access your account it may in its sole discretion initiate a “Lock-Out” measure wherein You will not be able to access your account for a minimum of thirty (30) minutes.

19. INITIAL ADMINISTRATIVE FEE. All new members must pay the initial administrative fee of $5.00 USD.  This fee is a onetime only fee and may be paid by credit card or other electronic form of payment as provided for on the site.
20. My Auction Registrations. Prior to bidding in a live auction, the member must register for the auction by paying the auction registration fee established for each auction. All auction registration fees that are purchased are reflected on the member’s My Auction Registration Fees page. The My Auction Registration Fees page is opened whenever a member logs into their www.realbidwinner.com account. The My Auction Registration Fees page provides an up to date summary of all auctions that the member has paid registration fees.
21. Type of Currency/Exchange. All funds that the member utilizes to pay the administrative fee, auction registration fees, and the winning bid amount must be in US Dollars. Any conversions rates which may apply to your country of origin shall be determined on the date upon which the account is funded.
22. Bidding Process.  To participate in the online auction the following steps must be followed:

• You must pay the Auction Registration Fee to participate in the specific auction.  This is a non-refundable fee you must pay for each auction you choose to enter. The Auction Registration Fee will be paid for whenever the member selects the “Register for Auction” button on the Property Detail page for each property. Acceptable payment methods include credit card, debit card, electronic check, PayPal, Google Checkout, or other methods that may be available on the website.
• Once bidding begins, each bid that you place will increase the price of the property by one U.S.D. ($1.00US). Each member participating in an auction can view the amount of bids that they have entered in the Your Current Bid Amount section on the auction block.
• The winning bidder is the member who is the last person to bid when the auction timer reaches zero (0).
• If you are the successful bidder at the end of the auction you will be responsible for paying the winning bid amount that is displayed in the Your Current Bid Amount section on the auction block. Note that all winning bid amounts will be added to the property closing statement (HUD-1) for payment at the property closing. The winning bidder will receive an email at the conclusion of the auction containing payment and property closing instructions
• Additionally you will be responsible for paying the closing costs which may range from $500 to $5,000 depending on the final auction price. All closing costs are to be paid by the winning bidder per the instructions provided to the winning bidder. The title to property will not transfer to the winning bidder until the winning bid amount and all closing costs are paid in full. Refer to 29. SUCCESSFUL BIDDERS & 30. CLOSING PACKAGE for full details.
• If you are a losing bidder, you will have no additional fees. However, the auction registration fee is non-refundable.

23. Type of Currency/Exchange. All transactions and funds provided will be in Unites States legal currency.  Any conversion rates which may apply to your country of origin shall be determined on the date upon which the account is funded. 
24. HOW THE AUCTION WORKS. There must be a minimum number of bidders before any auction begins. An auction will begin seventy-two (72) hours after the required minimum number of bidders has been achieved. Auctions will be held from 12pm to 8pm on the third (3rd) day after the minimum number of bidders has been obtained. All bidders must be fully registered and confirmed by RealBidWinner no less than one (1) hour prior to the actual start time. No additional bidders will be allowed to enter once the auction has started. You will be notified of the anticipated start time via e-mail, and it will be posted on the website. There will be a three (3) hour count down to the actual auction start time. RealBidWinner will not be responsible for any missed start times for any reason whatsoever, including but not limited to the technical failures, or mis-delivery of the notification of auction start emails.  You are solely responsible to be available for the auction at the time announced.
25. WITHDRAWING FROM THE AUCTION. All registered bidders may withdraw from the auction at any time prior to twenty- four (24) hours before the anticipated start time.  All properly and timely withdrawals shall be reimbursed their full registration fees. All Registration fees shall become non-refundable at any point during the twenty-four (24) hours immediately preceding the anticipated start time.
26. ODDS OF WINNING. Each auction will have a minimum number of required registrants and a maximum number of allowed registrants depending on the property’s estimated value.  In as such the range for any particular odds of winning can be easily determined and is set forth in the chart below entitled “Minimum Requirements for Auction and Odds of Winning”
27. SUCCESSFUL BIDDERS. In the event you are the successful bidder you must immediately make payment based on the instruction given to you by RealBidWinner within 7 days of the close of auction or receipt of the closing package which ever occur later.  Any failure to make the payment in the manner requested shall make void your successful bid.  You will be responsible for paying the winning bid amount and closing fees, in the range of $500 to $5,000, depending on the purchase price of the auction.
28. CLOSING PACKAGE.  The final closing package for the property will be prepared within 7 business days of the auction.  You will be contacted by a representative of RealBidWinner or other closing agent for the handling of the closing.  Your closing package will include a HUD1 Settlement Statement,  Buyer’s Closing Documents, disclosures, copy of lien search (if available), copy of survey (if available), and any other documents reasonably required to close the transaction.  Upon receipt of the closing package you are responsible for executing the closing package in a timely manner return the Executed HUD 1, Buyer’s Documents and any other reasonably requested documents in a timely fashion.  Any unreasonable delay may result in the voidance of your successful bid and a forfeiture of you bidding fees.  Upon full execution of the closing package, you will receive a fully executed copy of all of the closing documentation along with a title commitment to ensure title in your name.  After the title has been properly registered in the Public Records of the county where the property lies, you will receive a final original Warranty Deed, and Title Policy.  This final original Warranty Deed and Title Policy is usually received between 6-10 Weeks after the fully executed closing.  The closing and all related title work shall be handled by a fully licensed law firm or title agency licensed in the state in which the auctioned property is located.
29. INSURANCES NOT PROVIDED.  You acknowledge that upon receipt of the title to the property, RealBidWinner will not be delivering any policy for hazard or flood insurance. Any insurance to protect against loss of property shall be the sole responsibility of the Buyer.
30. PURCHASE OF CONDOMINIUM. If you are purchasing a condominium property be advised that you must sign a release and or a receipt of Home Owners Association (HOA) and/or condominium documents and related documents.  Additionally it may be necessary to make application with the association and be available for an interview to be approved.  In the event an association requires approval of the purchase, this approval will be a condition to the successful completion of your successful bidding process.
31. TYPES AND CONDITION OF PROPERTIES TO BE AUCTIONED. You understand that this site will allow for different types of properties to be auctioned off.   Depending on the manner in which you have registered you may be able to view personal residences which will be ready for occupancy or investment opportunities which will require rehabilitation and additional monetary investments.  Any property which requires repairs to be done will be accompanied by a list of estimated repairs.   This list is given as a matter of convenience and is not intended to substitute an independent inspection of the property, nor is it intended to be an all inclusive list of the repairs needed to be done.  RealBidWinner will make reasonable efforts to inform any potential bidders of the property’s condition, as said condition is within the reasonable knowledge of RealBidWinner.  Notwithstanding the property condition disclosures and/or repairs list, you agree that any property purchased at auction shall be taken in its AS-IS, WHERE-IS CONDITION, without any warranty of habitability or fitness for any particular purpose.
32. WIN LIMITS. You are allowed to win one auction every thirty (30) days. The amount of auctions you can win is limited only to the thirty (30) day restriction previously stated.  The Site is designed so that your access to bid will be denied for thirty (30) days after you win a bid. If you should somehow bid (due to any kind technical glitch or system failure) when you are not eligible to win You must notify RealBidWinner and in RealBidWinner’s sole discretion, it may cancel the winning bid and re-auction the property.
33. BUY-IT-NOW FEATURE. The Buy-It-Now feature on auctions enables users to purchase an available property immediately at a specified price (“Buy-It-Now” price). The price for the Buy-It-Now feature is determined solely by the Company. It is not intended to be a guarantee or warranty as to the property’s true value. Independent determination of property values should be used in choosing whether or not to purchase via the Buy-It-Now function. In the event you or anyone else uses the Buy-It-Now Feature, the property will not be removed from the auction site until the required deposit is received by RealBidWinner or designated closing agent. Twenty-four (24) hours prior to the start of any auction, the Buy-It-Now feature will be turned off.   
34. NO GUARANTEES ON RETURNS. This is an auction; therefore there are no guarantees on the profitability of any property. Real estate property values fluctuate with market conditions, and RealBidWinner is not responsible for any fluctuations in the market or any loss of expected earnings. You acknowledge that your bidding on the auction is not based on the estimated property value posted, and that independent research as to the value of the property has been performed or you have chosen not to do so.
35. LEGAL ADVICE. You understand that RealBidWinner is not a legal website, we are not attorneys and that the Company does not give legal advice of any kind. Furthermore, you understand that your participation on this site has legal ramifications but nothing contained in this Agreement shall be deemed to be legal advice. It is recommended that you obtain or consult an attorney should you have any questions regarding any part of your participation on this Site. Furthermore, if you have any questions about the taking of title to any of the properties or anything related to the auction process, please consult with your attorney.
36. ACCOUNT TERMINATION UPON VIOLATIONS. Company reserves the right to temporarily or permanently terminate your account, delete Your profile and any content or information that You have posted on the Site, prohibit You from using or accessing the Service or the Site, and/or cancel any pending purchases for any reason, or no reason, at any time in its sole discretion, without refund, with or without notice, including if Company believes that You are under eighteen (18) or have violated any of the terms set forth herein. The Company may also, at its sole discretion, terminate your membership, if Company determines you have violated any laws, or the rights of other users or other third parties and may also, in its sole discretion, withhold, cancel or otherwise retain any and all of Your auction registration fees.
37. OFFERS, PROMOTIONS AND INCENTIVES TO REFER NEW USERS. Special promotions and offers may be run by the Company from time to time. Any special promotion run by Company shall only be valid if it is announced by Company on the Site or in an email newsletter. Certain promotions may only be valid for a limited time; such details will be announced at the time of the promotion or offer. Once the advertised time limit of any such promotion has been reached, or the relevant auction or auctions have ended, the promotion is also finished. Company reserves the right to cancel or terminate any special promotion or offer.
38. THIRD PARTY WEBSITES AND CONTENT. From time to time the Site may contain (or You may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties. Such Third Party Sites, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
39. DISCLOSURE ON DEFECTIVE SOFTWARE. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE ARE FULLY ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, ITS SERVICES, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
40. PRIVACY POLICY. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States and you agree to the terms of the Privacy Policy. You may access the privacy policy by clicking on the Privacy Policy link located at the bottom of this webpage.
41. DISCLAIMERS. The Company is not responsible or liable in any manner for any User Content, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service.
42. NO RESPONSIBILITY FOR MALFUNCTION. The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any Disruption, technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, or failure of email on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
43. LIMITATION ON LIABILITY. IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, FROM YOUR USE OF THE SITE OR THE SERVICE, OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL ONLINE SERVICE PROVIDERS BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS OR PROFIT, LOST DATA, BUSINESS INTERRUPTION OR ATTORNEYS FEES EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY) INCURRED BY YOU OR ANY THIRD PARTY. IN ANY CASE, THE ENTIRE LIABILITY IMPOSED UPON THE COMPANY, THE SITE OR ITS SERVICES UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY USER TO THE COMPANY, OR U.S.D. $5.00. ALL PROPERTIES PURCHASED AT AUCTION SHALL BE TAKEN IN THEIR “AS-IS,” “WHERE-IS” CONDITION.
44. GOVERNING LAW; VENUE AND JURISDICTION. By visiting or using the Site and/or the Service, you agree that the laws of Broward County, Florida, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. You agree not to commence or prosecute any action in connection with Your use of this Site or its Services other than in the state or federal courts of Broward County, Florida, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Florida.
45. INDEMNITY. You agree to be personally liable, to indemnify and hold the Company, its affiliates, and their directors and agents, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with Your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
46. SUBMISSIONS. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to Company are non-confidential and shall be entitled to unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
47. CHANGES IN THE WEB SITE. Company may modify, suspend, discontinue or restrict the use of any portion of the Company Web Site, including the availability of any Property, Software, the Content and/or the Documentation, at any time and without notice or liability.
48. DEFINITIONS AND CONSTRUCTIONS. Unless otherwise specified, the terms “include", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
49. ENFORCEABILITY/WAIVER If any provision to this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby the remainder of this Agreement shall continue in full force and effect. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any right hereunder.
50. ENTIRE AGREEMENT. These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance.