2. Acceptance of Terms
2.1 Binding Agreement
2.2 Changes to 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.
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.
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.
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 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.
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, unless stated otherwise.
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
If an auction is advertised as a Reserve Auction sale, the property is 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. If an auction is advertised as an Absolute Auction sale, the property will be sold absolutely, regardless of the price. Properties advertised as a Sold to the Highest Bidder over $_________, are disclosed reserve auction sales, where the auctioneer is disclosing the amount in which the sale needs to achieve sell for in for the property to be sold.
When the reserve status in the Online Auction Platform changes from "Reserve Not Met" to "Reserve Has Been Met," the high bid will be placed into reserve pending seller confirmation. In the event that the high bid is not accepted by the seller, then this online auction shall not constitute as a sold sale. Ashland Auction Group LLC shall be held harmless and does not guarantee the performance of the seller.
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
Bids place by online bidders may not be withdrawn by the bidder, even if the Bidder claims to have made an error in bidding. The Auctioneer reserves the right to use their discretion to withdraw bids from sale.
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.
5.16 Records of Online Activity
Absent clerical errors, Auctioneer’s records will be final and conclusive.
5.17 Good Faith Authorization Charge
All bidders will be required to post a Good Faith Credit Card Authorization Charge to establish themselves as a bona fide bidder. Failure to return an executed Contract of Sale, required addenda, and the stated deposit, as specified in the advertised listing, is a breach of the auction’s Terms of Sale. Bidders hereby authorize Ashland Auction Group, LLC to charge the credit card used to register for the auction to satisfy part or all of the liquidated damages owed to Ashland Auction Group, LLC.
BY PLACING A BID, BIDDERS ACKNOWLEDGE AND AGREE THAT A FAILURE TO EXECUTE A CONTRACT OF SALE WITH A DEPOSIT MAY RESULT IN SUBSTANTIAL ECONOMIC DAMAGES AND LOSSES OF TYPES AND IN AMOUNTS WHICH ARE IMPOSSIBLE, IMPRACTICAL, OR OTHERWISE EXTREMELY DIFFICULT TO ESTIMATE THEREOF.
ACCORDINGLY, IN LIEU OF ACTUAL DAMAGES OF SUCH DELAY, BIDDERS HEREBY AUTHORIZE ASHLAND AUCTION GROUP, LLC TO CHARGE THEIR CREDIT CARD TO SATISFY PART OR ALL OF THE LIQUIDATED DAMAGES, DUE TO ASHLAND AUCTION GROUP, LLC.
IN ADDITION TO THE LIQUIDATED DAMAGES WHICH IS NOT A PENALTY SET-FORTH ABOVE, BIDDERS ACKNOWLEDGE AND AGREE THAT THEIR NON-PERFORMANCE AND EXECUTION OF A CONTRACT OF SALE MAY RESULT IN ADDITIONAL DAMAGES TO THE SELLER AND ASHLAND AUCTION GROUP, LLC. SELLER AND ASHLAND AUCTION GROUP, LLC RESERVE THE RIGHT TO PURSUE ANY AND ALL LEGAL REMEDIES AVAILABLE AT LAW OR EQUITY, INCLUDING THE RIGHT TO MAINTAIN AN ACTION FOR SPECIFIC PERFORMANCE OR TO HAVE THE PROPERTY SOLD AT THE RISK AND EXPENSE OF THE NON-PERFORMING BIDDER. CONSEQUENTLY, BIDDERS AGREE TO PAY THE SELLER AND ASHLAND AUCTION GROUP, LLC FOR ANY COSTS ACTUALLY INCURRED BY THE NON-PERFORMING BIDDER RELATED TO THE HOLDING, MARKETING, OR RESALE OF THE PROPERTY.
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 Browser 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
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.
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.
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.
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.
15. Entire Agreement