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Terms Of Use

AGREEMENT BETWEEN USER AND Auctions In The Hamptons

The Auctions In The Hamptons Web Site is comprised of various Web pages operated by Auctions In The Hamptons.

The Auctions In The Hamptons Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Auctions In The Hamptons Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Auctions In The Hamptons reserves the right to change the terms, conditions, and notices under which the Auctions In The Hamptons Web Site is offered, including but not limited to the charges associated with the use of the Auctions In The Hamptons Web Site.

LINKS TO THIRD PARTY SITES

The Auctions In The Hamptons Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Auctions In The Hamptons and Auctions In The Hamptons is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Auctions In The Hamptons is not responsible for webcasting or any other form of transmission received from any Linked Site. Auctions In The Hamptons is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Auctions In The Hamptons of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Auctions In The Hamptons Web Site, you warrant to Auctions In The Hamptons that you will not use the Auctions In The Hamptons Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Auctions In The Hamptons Web Site in any manner which could damage, disable, overburden, or impair the Auctions In The Hamptons Web Site or interfere with any other party's use and enjoyment of the Auctions In The Hamptons Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Auctions In The Hamptons Web Sites.

USE OF COMMUNICATION SERVICES

The Auctions In The Hamptons Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.
Auctions In The Hamptons has no obligation to monitor the Communication Services. However, Auctions In The Hamptons reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Auctions In The Hamptons reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Auctions In The Hamptons reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Auctions In The Hamptons's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Auctions In The Hamptons does not control or endorse the content, messages or information found in any Communication Service and, therefore, Auctions In The Hamptons specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Auctions In The Hamptons spokespersons, and their views do not necessarily reflect those of Auctions In The Hamptons.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

TERMS & CONDITIONS AGREEMENT FOR REAL ESTATE BIDDING AUCTION WITH RESERVE.
  1. DEFINITION: BIDDING AUCTION with RESERVE is an Auction where the property may not be sold if the final bid is not high enough to satisfy the Seller. Reserve Price is the price set in advance below which the property may not be sold. Sellers reserve the right to accept bids lower than the Reserve Price at their sole discretion.

    The Auction is presented by the Seller where Prudential Douglas Elliman is the Seller’s Agent and conducted by an Auctioneer. It is clearly understood and agreed by both the Buyers and the Seller that the Auctioneer and Broker REPRESENT THE SELLER ONLY.
  1. AUCTION ACCESS: Auction will be held on the Internet.
  2. REGISTRATION & DEPOSIT: All Bidders are required to register prior to the auction. Every prospective Bidder must be pre-approved with a Credibility Letter from a Financial Institution in order to receive a Bidder’s Registration Number, which will allow the Bidder to bid online.
  3. DESIGNATED BROKER / BIDDER: Purchaser can bid through a designated New York State Licensed Broker, provided all conditions are met in this agreement.
  4. Immediately after the bidding is completed, the highest approved Bidder and the Second High Bidder (Back-up Bidder) are required to sign a Bid Acknowledge Form and a Memo of Sale will be faxed to attorneys representing buyer and seller.
  5. Properties are offered “As is and Where is” with any and all faults. The prospective Purchaser is advised that he or she should make a complete and thorough physical inspection of the property which he or she is purchasing and has performed due diligence of any and all zoning building codes or other requirements set by local, state of Federal authorities which may affect the property in question.
  6. Purchaser further acknowledges that he or she has verified the exact location, physical condition, street requirements and legal use of property. Plats provided and the description of any improvements are for information purposes only and no representations, warranties or guarantees are made concerning location, dimensions, or size or the nature, quality or suitability for use of the tract for any improvements. The Seller and Brokers have furnished this information for informational purposes only and assume no responsibility or obligation for said information. The successful bidder must accept the property “AS IS” and “WHERE IS” with regard to physical condition at the time of closing subject to a binding Real Estate Contract of Sale.
  7. The property shall transfer by “Bargain and Sale Deed”, free and clear of liens, but subject to any zoning, environmental protection and other municipal, federal and state laws or facts which an accurate survey and/or inspection of the tract being sold might show.
  8. Registered bidders shall receive a copy of the “Bid Acknowledgement” and “Memorandum of Sale” in their “Bidder’s Packet”. The Second High Bidder (Back-up Bidder) shall remain on record for three (3) weeks until High Bidder enters into a Contract of Sale. Should High Bidder default, then the Back-up Bidder shall become the Winning Bidder. The Back-up Bidder will be notified of that fact by fax, e-mail or certified mail (the “Notification Date”).
  9. The highest approved bidder is determined to be the buyer. In all cases of disputed bids, the property shall be resold, but, auctioneer will use his judgment as to good faith of all claims and his decision is final. No transfer shall be recognized from one buyer to another. In the case of disputed bids, the Broker/Auctioneer shall exercise his or her best discretion in determining the resolution of claims, and such decision is final. Such decision shall not be the subject of any post-auction claims.
  10. Auctioneer reserves the right to withdraw any property prior to or during auction. Property is subject to prior sale.
  11. Bidder agrees to the above Terms & Conditions of the auction prior to receiving his bidder card.
  12. The above stated Terms & Conditions of Auction cannot be altered except in writing by all parties of the contract, or by verbal changes to terms given by Broker or Auctioneer at time of Auction.
  13. Bidder does hereby indemnify and hold harmless Prudential Douglas Elliman, Auctioneer/Broker and Seller from any and all damages, claims or liabilities from injuries to persons or property of any type whatsoever, caused during the auction.
  14. It is understood by the Purchaser that the sale could be contingent upon financing. Should the Purchaser apply for a mortgage, Purchaser(s) represent that to the best of their knowledge, there is nothing in their credit history which will result in the denial of their mortgage application, including late payments, judgments, or tax liens, that they have the balance of the funds necessary to complete this transaction, including payment of their closing costs, that they have not filed bankruptcy or been adjudicated bankrupt, that they are U.S. citizens or legal aliens and that any mortgage application made will so provide.
  15. Purchaser(s) understand that the representations and/or agreements made regarding Purchaser’s income, credit, assets, and other factors may affect Purchaser’s ability to secure a mortgage loan. Should any such representations and/or agreements herein prove to be false and should Purchaser’s mortgage be denied as a result thereof, Purchaser(s) shall be deemed to have defaulted hereunder and Seller shall be entitled to retain the contract down payment as liquidated damages pursuant to Contract terms.
  16. In the event the Purchaser(s) will secure a mortgage to purchase property being offered, nothing herein shall be implied to obligate Seller to do any work items required by the Federal Housing Administration, Veterans Administration or Purchaser’s Lending Institution. Seller reserves the right to refuse to perform and comply with work requested by the above mentioned agencies.
  17. The property sells to the Highest Bidder, subject to confirmation of Seller and a Real Estate Contract between the parties.
  18. To bid on property, the Bidder must be of legal age to enter into contract to purchase real estate (18 in most states, 21 in other). (If in doubt about the legal age to enter into contract in the Bidder’s state, the Bidder should consult with competent legal counsel before bidding).
  19. Winning bid is subject to Seller’s approval.
  20. All bids are placed in US Dollars.
  21. If the bid is outbid by another Bidder, the original Bidder will receive the email notice so the Bidder can return and increase the bid if he/she so desires.
  22. The bidding will be open and all Bidders will have access to bid history during the Auction.
  23. As the Auction nears the ending time, it will auto-extend until bidding is silent for 1 minute.
  24. If there is more than one high bid at the same level (a tying bid) the bid first submitted will be honored.
  25. The high bidder will be notified via email after the Auction ends.
  26. Seller reserves the right to postpone or cancel this Auction at any time for any reason.
  27. Winning Bidders may, at their option and expense, order a title examination and insurance.
  28. All materials presented herein are intended for information purposes only. While this information is believed to be correct, it is presented subject to errors, omissions, changes or withdrawal notice. All property listing are approximate.
PDE Disclaimer

MATERIALS PROVIDED TO Auctions In The Hamptons OR POSTED AT ANY Auctions In The Hamptons WEB SITE

Auctions In The Hamptons does not claim ownership of the materials you provide to Auctions In The Hamptons (including feedback and suggestions) or post, upload, input or submit to any Auctions In The Hamptons Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Auctions In The Hamptons, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Auctions In The Hamptons is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Auctions In The Hamptons's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Auctions In The Hamptons WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Auctions In The Hamptons AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Auctions In The Hamptons WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Auctions In The Hamptons WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Auctions In The Hamptons AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Auctions In The Hamptons WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Auctions In The Hamptons AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Auctions In The Hamptons AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Auctions In The Hamptons WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Auctions In The Hamptons WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Auctions In The Hamptons WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Auctions In The Hamptons WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Auctions In The Hamptons OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Auctions In The Hamptons WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Auctions In The Hamptons WEB SITE.

SERVICE CONTACT : vhorcasitas@elliman.com

TERMINATION/ACCESS RESTRICTION

Auctions In The Hamptons reserves the right, in its sole discretion, to terminate your access to the Auctions In The Hamptons Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Suffolk County, New York U.S.A. in all disputes arising out of or relating to the use of the Auctions In The Hamptons Web Site. Use of the Auctions In The Hamptons Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Auctions In The Hamptons as a result of this agreement or use of the Auctions In The Hamptons Web Site. Auctions In The Hamptons's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Auctions In The Hamptons's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Auctions In The Hamptons Web Site or information provided to or gathered by Auctions In The Hamptons with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Auctions In The Hamptons with respect to the Auctions In The Hamptons Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Auctions In The Hamptons with respect to the Auctions In The Hamptons Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Auctions In The Hamptons Web Site are: Copyright 2009 by Auctions In The Hamptons and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
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