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TERMS OF USE

 

1. Introduction

These Website Terms of Use (“Terms of Use”) define the relationship between Ashland Auction Group, LLC and you, the person accessing our website(s) (the “Site”) and/or mobile application(s) (the “Application” or “App”) and registering for any services and/or application made available by Auctioneer Software and/or Spectrum Net Designs. These Website Terms of Use (“Terms of Use”) are applicable to the websites of Ashland Auction Group, LLC, and its parents, affiliates, and subsidiaries (“Auctioneer” “Ashland”, “Ashland Auction Group”, “we”, “us”, or “our”, or the “Company”), including www.AshlandAuction.com and any other website where these Terms of Use are posted (“Websites”). In addition to the Websites, these Terms of Use are also applicable to all AshlandAuction.com tools, documents, applications (including mobile applications), and other services (such as livestream simulcast auctions). Collectively, we refer to all of these Websites, tools, and applications as “Services.” Please read this document carefully as it is a legally binding agreement between you and your representatives (collectively, “you”), and Ashland Auction Group, LLC.

2. Acceptance of Terms

2.1 Binding Agreement
By accessing or using the Services, you are agreeing to these Terms of Use and entering into a legally binding agreement with us.

2.2 Changes to Terms

We may change our terms at any time for a variety of reasons, such as reflecting changes in applicable law or updates to Services. The most current version will always be posted on the AshlandAuction.com website. Changes will be effective no sooner than the day they are posted publicly. In order for certain changes to become effective, applicable law may require us to obtain your consent or send you a written notification. If we make any material changes to these Terms of Use, we will notify you via email or on the Services as appropriate. If you do not agree to any changes made to the Terms of Use Privacy Policy, or Participation Terms, you should discontinue use of the Site or Application immediately. Continued use of the Site or Application indicates your implied content to such amendments, and you will be bound by the updated Terms.

 

3. Eligibility, Registration, and Privacy

You (“Account Holder”, “Bidder”) must be at least 18 years of age to use at Site or Application. In addition to meeting the legal requirements for engaging in a legally binding contract of sale, you will be required to provide us with certain information, including your legal name, valid email address, username, and password (collectively, your “Account Information”). If you provide any information that is inaccurate, untrue, not current, or incomplete, or if you impersonate someone else, or if we have reasonable grounds to suspect so, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Site and Application by you.

 

Ashland Auction Group is committed to your privacy, and our privacy policy (the “Privacy Policy” explains what information is collected and how that information is protected.

 

You are solely responsible for safeguarding the confidentiality of your username and password. You must notify us immediately if your account information is compromised. We are not responsible for any losses or damages associated with the unauthorized use of your account and you will indemnity and hold us harmless from and against any losses, damages, claims, or liabilities relating to the improper, unauthorized, or illegal uses of your account.

 

Account Holder is responsible for any and all bids made from their account. Account Holder is the sole individual that has permission to use their account. If Ashland Auction Group has reasonable grounds to suspect that an account is being utilized by someone other than the registered Account Holder, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Site and Application by you.

 

In the event that you are user accessing Services from a region other than the United States, please be advised that through your continued use of the Application and Services, which are governed by U.S. law, you are transferring your personal information to the United States and you consent to such transfer.

 

Any individual wishing to utilize the Site or Application needs to register an account with us. By creating an account, you agree to provide accurate, truthful, and current information. It is your responsibility to maintain the confidentiality and security of your information. You are fully responsible for all usage associated with your account. You may not share your account with others.

 

By providing your information, you consent to us contacting you about your interest in us or our Services by email, phone, or any other contact information that you have provided us with. If you wish to opt-out of marketing notifications and updates, please consult the Privacy Policy or call our office during typical office hours.

 

If you are not eligible to create an account, or if you do not agree to these Terms of Use, then you must not accept these Terms of Use, or use the Site/Application. You may use the services only in compliance with these Terms of Use and all applicable laws and regulations.

 

4. Usage and Restrictions

4.1 Intellectual Property & Content

All of the content on the Site or Application, are copyrighted by us or our licensors and content suppliers and are protected by U.S. and international laws.

 

All text, photographs, videos, graphics, user interfaces, visual interfaces, trademarks, logos, sounds, artwork and computer code, including but not limited to the design, structure, “look and feel” and arrangement of the content available on the Site and Application (collectively, “Content”) is owned, controlled or licensed by or to us, and is protected by U.S and international law. You agree to abide by all applicable laws, as well as copyright notices or restrictions posted on the Site or Application, and you acknowledge that use of any content of the Services without our express prior written permission is strictly prohibited. You may not use any of our trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you, unless you have our written consent, and you acknowledge that you have no ownership rights in or to any of such items.

 

The Site and Application are licensed, not sold. The Content, Site and Application, and all related intellectual property, are solely and exclusively owned by us and/or our licensors and suppliers. We grant you a personal, limited, nontransferable license to view, download, and display the Application and use the Services available through the Site strictly in accordance with these Terms of Use. You may not reproduce, publicly display, or distribute the content from the Site or Application in any way, except as authorized by the functions and features of the Site (such as directly sharing a listing from our website to social media using an app on our Site). The license granted to you pursuant to these Terms of Use and is solely for your personal use as a user of the Services and may not be used for any other purposes. You shall not reverse engineer, disassemble, or translate, in any way, the Site’s content and user-interface. You have no right or claim of right to the Content of any ideas on the Application or Site.

 

You may not frame the Websites. You may link to the Websites, provided that you acknowledge and agree that you will not link the Websites to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights.

 

4.2 Links to Third-Party Sites

The Application and Site contain links to other independent third-party web sites, and we provide links to third-party websites as part of the Services (in all cases “Third-Party Sites”). Such Third-Party Sites are not under our control, and we are not responsible for and do not endorse the content of such Third-Party Sites, including any products, information or materials contained on such Third-Party Sites. You will need to make your own independent judgment regarding your interaction with these Third-Party Sites. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of third-party web sites, including, without limitation, Linked Sites and websites linking to the Application and/or Site. You should review applicable terms and policies, including privacy and data gathering practices, of third-party web sites, and should make an independent decision as to whether or not you should proceed with using Third-Party Sites.

 

4.3 Violations of Licensed Usage

You agree not to use the Site or Application in a way that:

• Violates these Terms of Use;

• Violates any laws;

• Violates any third-party’s rights;

• Prevents or limits access to the Site or Application;

• Interferes with any other party’s use of the Site or Application;

• Attempts to gain unauthorized access to the Site or Application;

• Impairs our computer systems or transmits software viruses, worms, or other harmful files;

• Uses any part of the Services in unsolicited mailings or spam material;

• Allows you to scrape, monitor, or copy any part of the Services in an automated way, using any robot, scraper, or other method of access other than manually accessing the publicly-available portions of the Services

 

5. Online Bidding & Simulcast Participation Terms

 

5.1 Online Auction & Simulcast Auction Participation

In order to place a bid in an online auction or simulcast auction, you must create an account with Ashland Auction Group. Your account must be authorized by Ashland Auction Group. Authorization may consist of, but not limited to, providing an advance deposit, form of identification, and/or verifying contact information (e.g. email address). This process is not immediate and may require manual approval from Ashland Auction Group.

 

5.2 Notifications

When participating in an online auction, you may receive an indefinite amount of notifications (e.g. email, text, etc.) depending on the auction’s activity and opt-in preferences

associated with your account.

 

5.3 As-Is, Where-Is

It is the buyer’s sole responsibility to perform their own due diligence by researching the property and familiarizing themselves with the terms of the sale. The Real Estate is offered at public auction (online or simulcast) in its present, “as-is, where-is” without express or implied warranty from Seller or Ashland Auction Group as to the nature and description of the improvements as contained herein; and subject to easements, agreements, restrictions or covenants of record affecting same if any.

 

The property will be sold subject to any local municipality’s Violation Notices, if any exist.

 

The purchaser waives and releases the Trustee, the Auctioneers, and their respective agents, successors and assigns from any and all claims the purchaser and/or its successors and assigns may now have, or may have in the future relating to the condition of the property, including but not limited to the environmental condition thereof.

 

5.4 Buyer’s Premium

A Buyer’s Premium, as advertised, will be due from the winning bidder. The Buyer’s

Premium is in addition to the winning bid, and when added together with the winning bid, this figure represents the Final Purchase Price to be paid by the purchaser at settlement.

 

5.5 Marketable Title

If the Trustee or Seller is unable to convey good and marketable title, the purchaser's sole remedy in law or equity shall be limited to the refund of the deposit.

 

5.6 Refund of the Deposit

Upon refund of the deposit, this sale shall be null and void and no effect, and the purchaser shall have no further claim against the Trustee/ Seller or Auctioneers.

 

5.7 Closing Cost

Recordation costs, transfer taxes and all other costs incident to settlement, to be paid by the purchaser.

 

5.8 Errors and Omissions

Ashland Auction Group, LLC assumes no liability for any errors or omissions of information. Ashland Auction Group, LLC shall not be responsible or liable in any way if the owner fails to honor the bid, refuses to settle, or cannot close in accordance with the Sales Contract.

 

Bidder assumes responsibility for any errors in bidding. Bidder shall verify the address of the property they are bidding on prior to submitting a bid.

 

5.9 Reserve Auctions

Auctions will be a Reserve Auction sale, being sold subject to seller confirmation. The high bid amount will be placed into reserve pending seller confirmation. The auctioneer, seller, and seller’s agents have the right to place consecutive bids up to the reserve amount.

 

5.10 Bidding Increments

Ashland Auction Group reserves the right to establish and change minimum bidding

increments. Bidding increments can be adjusted in the midst of an auction at Ashland

Auction Group’s discretion.

 

5.11 Soft Close

Each bid made on a property in the last few minutes of an auction will add more time to the auction. This will continue indefinitely until the time expires without new bids being placed. A soft close ensures fairness and allows the highest bidder to win.

 

5.12 Conduct of the Auction & Auctioneer Discretion

Auctioneer will regulate all matters relating to the conduct of the Auction and Auctioneer’s decisions will be final and binding. Auctioneer will have control over bidding, and Auctioneer will resolve any and all disputes and discrepancies.

 

Auctioneer may, in Auctioneer’s sole and absolute discretion, extend or reopen the bidding (but will not be required to):

(i) if a bid is made while the hammer is falling in acceptance of a prior bid or while bidding is otherwise being terminated,

(ii) if, after the Fall of the Hammer or other termination of the bidding, Auctioneer is made aware of a bid that was tendered, but went unnoticed, prior to the Fall of the Hammer or other termination of the bidding, or

(iii) a technology disruption or failure, or other error, caused a bid that was tendered, or attempted to be tendered, prior to the hammer from being received or recognized, or (iv) some other technology disruption or failure, or other error, occurs.

 

All sales are subject to final certification by Auctioneer, and there may be occasions in which an Auction may be reopened in its entirety due to technical difficulties or other issues. Any contracts formed with the Fall of the Hammer will be subject to the conditions set forth in this Section. If bidding is reopened pursuant to this Paragraph, the High Bid recognized by Auctioneer prior to the reopening of the bidding will be held, and may not be retracted, and, if no further bids are received, such bid will be the Winning Bid.

 

Ashland Auction Group reserves the right to reschedule any previously scheduled auction for a different date and/or time.

 

5.13 Bid Withdrawal

No bid may be withdrawn by an online bidder, even if the Bidder claims to have made an error in bidding.

 

5.14 Contract Performance

In the event that a Bidder is the successful bidder, Bidder must immediately execute of

Contract of Sale and tender a nonrefundable earnest money deposit in the form of cash or certified funds. A winning bidder is unconditionally bound to purchase the property.

 

5.15 Winning Bidders Subject to Certification and Executed Contract of Sale

The final determination of the Winning Bidder on any parcel of Real Property is subject to certification by Auctioneer and any email or electronic notice of the auction results (whether generated manually or automatically) is subject to such certification and correction. A winning bid is not a contract of sale. See Contract Performance.

 

5.16 Records of Online Activity

Absent clerical errors, Auctioneer’s records will be final and conclusive.

 

6. Changes and Updates

We may make occasional changes or improvements to our Services. We may add, alter, or remove functionality from a Service at any time without prior notice. We may also limit, suspend, or discontinue a Service at our discretion.

 

7. Disclaimer of Warranties

7.1 AS-IS, AS-AVAILABLE

YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND

ACKNOWLEDGE THAT ALL INFORMATION CONTAINED IN THE SERVICES IS

PROVIDED “AS-IS” AND “AS-AVAILABLE,” AND THAT WE DISCLAIM ALL

WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE SERVICES, INCLUDING,

BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR

A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. We make no representations or guarantees that the Services are compatible with your equipment or that the Services, or that any electronic communications sent by us or our affiliates, are error-free or will be free from loss, destruction, damage, interruption, corruption, attack, viruses, worms, or other harmful, invasive, or corrupted files, interference, hacking, or other security intrusion, and we disclaim any liability relating thereto. You agree that we have the right, at our sole discretion, to change the content or technical specifications of any aspect of the Services at any time. Furthermore, you agree that such changes may result in you being unable to access the Services.

 

7.2 Technology Disruptions

Auctioneer will not be responsible for technology disruptions, errors, or failures (including disruptions to bidding or the failure to execute, recognize, or record online bids), whether caused by (i) loss of connectivity, breakdown, disruption, or failure of the Site or Application (ii) breakdown, disruption, or failure of a Bidder’s internet connection, computer or system, or (iii) otherwise.

 

7.3 Failures by Online Auction Platform Provider and its Affiliates or Contractors

Auctioneer may use one or more Online Auction Platform Providers to facilitate the Auction. Under no circumstances will Auctioneer by liable for any failure(s) of the Online Auction Platform Provider(s) to perform all or any of its/their obligations, or for the failure of any affiliates, employees, agents, representatives, or contractors of the Online Auction Platform Provider(s) to perform their obligations.

 

7.4 Brower Incompatibilities and Site Outages

While we make every effort to ensure that our servers are readily accessible and always functioning accordingly, the Site or Application may sometimes be inaccessible, or it may not function properly with your web browser and operating system. The Company cannot be held liable for any perceived or actual damages arising from the operation, content, or use of the Site or Application.

 

7.5 Due Diligence

We make no guarantees, representations, or warranties that the Services or information available through the Services, or that the use of or result of the use of the Services, will be accurate, reliable, complete, current, uninterrupted, or without errors. Any photographs, documents, or other information available on the Services are for informational purposes only and may not represent the current condition of a property or the condition of the property at the time of sale. The posting of pictures on the Services does not constitute a guarantee that any items represented in the pictures will be present when a buyer takes possession of a property. Purchasers are encouraged to conduct their own due diligence and investigate all matters relating to any properties. It is recommended that you seek independent advice, including legal counsel, to perform your due diligence and that you use good faith efforts in determining that the content of all information provided to or obtained by you is accurate.

 

You understand and acknowledge that the information provided through the Site or Application is subject to change. It is your sole responsibility to visit the Site or Application frequently for up-to-date information.

 

We reserve the right to refuse, revert, or cancel any bids for property listed at an incorrect starting bid or reserve price.

 

7.6 Third-Party Sites

Some of the available content, services, and information may include materials that belong to or that are submitted by third-party websites. You acknowledge that we assume no responsibility for such content, services, or information. You acknowledge that such third-party content, services and information may have additional terms of use that must be agreed to either prior to or upon accessing and that by accessing such content, services and information you agree to all such additional terms of use. The content of other websites, services, goods, or advertisements that may be linked to or from the Services is not maintained or controlled by us. We do not: (a) make any

warranty, express or implied, with respect to the use of the links provided on, or to, the Services; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, or goods, that may be linked to or from the Services; or (c) make any endorsement of any other websites, services, or goods that may be linked to or from the Services.

 

8. Limitations of Liability

 

UNDER NO CIRCUMSTANCE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR PARENTS, SUBSIDIARIES, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICES, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY IN CONNECTION WITH THE SERVICES FOR DAMAGES, WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SERVICES OR TWO HUNDRED DOLLARS ($200), WHICHEVER IS GREATER.

 

8.1 Third-Party Sites

While the Company makes every effort to ensure that its servers are readily accessible and always functioning accordingly, the Website may sometimes be inaccessible, or it may not function properly with your web browser and operating system. The Company cannot be held liable for any perceived or actual damages arising from the operation, content, or use of the Website.

 

9. Indemnity

You agree to indemnify, defend, and hold us, our parents, subsidiaries, and affiliates harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to: (i) your access to or use of the Services; (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iii) the content of your Submissions; or (iv) your breach of the Terms of Use. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate in such defense. You agree not to settle any matter in which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

10. Suspension and Termination of Services

 

10.1 By You

You can terminate your use at any time by discontinuing usage. If you wish to have your account deleted, you can email Sales@AshlandAuction.com and request that your account be deleted.

 

10.2 By Us

Ashland Auction Group may limit, suspend, or terminate the Services to you: (i) if you fail to comply with these Terms, (ii) if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services; or (iii) if we are investigating suspected misconduct by you. Also, if we limit, suspend, or terminate the Services you receive, we will endeavor to give you advance notice. However, there may be time sensitive situations where we may decide that we need to take immediate action without notice. If Ashland Auction Group stops providing the Services to you because you repeatedly or egregiously breach these Terms, we may take measures to prevent the further use of the Services by you, including blocking your IP address.

 

11. Severability

If any term, provision, paragraph, condition, or other portion of this agreement – or the application of these to any person, place, or circumstance – is held to be invalid, unenforceable, or void, the remainder of this agreement and such term, provision, covenant, or condition as applied to other persons, places, and circumstances will remain in full force and effect.

 

12. Governing Law

12.1 Transactions for Property Located in the State of Maryland

These Terms and Conditions will be governed by and construed under the laws of the State of Maryland.

 

12.2 Transactions for Property Located in the District of Columbia

These Terms and Conditions will be governed by and construed under the laws of the District of Columbia.

 

13. Jurisdiction

By bidding at an auction, whether present or by agent, by written bid or otherwise, bidders shall be deemed to have consented to the jurisdiction of the State and Federal courts of the State of Maryland.

 

14. Arbitration and Disputes

By using the Services of Ashland Auction Group, you irrevocably agree that:

a) any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

b) any arbitration between you and us, to the extent necessary, will be conducted in Baltimore County, Maryland, and you waive any right to claim that such location is an inconvenient forum. You agree not to sue us or bring arbitration in any other forum.

c) the arbitration will be conducted in English.

d) a single independent and impartial arbitrator will be appointed pursuant to the rules of the American Arbitration Association. In any arbitration arising out of or related to these Terms of Use, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be a prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.

 

15. Entire Agreement

These Terms of Use contain our entire agreement and supersede any prior oral or written agreements relating to the same subject matter.