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779 Gates St
San Francisco
CA 94110
$505,000
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2256 Bryant
San Francisco
CA 94110
$751,500
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25 Woodward St
San Francisco
CA 94103
$450,000
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1376 South Van Ness Ave
San Francisco
CA 94110
$801,000
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145 Faith St
San Francisco
CA 94110
$900,000
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Demo 1ClickOffer
is a Member of:
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Auction Offer User Agreement - Terms and Conditions
Effective Date: January 1, 2008
Welcome to Auction Offer, Inc.’s online real estate auction site
http://demo.1clickoffer.com
(the "Site"). Any person who wishes to access the Site to buy or bid for property
or to use the other services provided on the Site (collectively, the "Services")
must accept the terms and conditions of this User Agreement, without change. PLEASE
REVIEW THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE. BY REGISTERING
FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF
THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.
Auction Offer, Inc. (hereinafter "Auction Offer" or "we") reserves the right to
change any of the terms and conditions contained in this Agreement or any policies
or guidelines governing the Site or Services, at any time and in its sole discretion.
Any changes will be effective upon posting of the revisions on the Site. You are
responsible for reviewing the notice and any applicable changes. Changes to referenced
policies and guidelines may be posted without notice to you. You can review the
most current version of this Agreement at any time at
http://demo.1clickoffer.com/termsconditions.aspx. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES
FOLLOWING AUCTION OFFER’ POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE
OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT,
DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.
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1. |
Auction Offer is not an Auctioneer. Although
Auction Offer is commonly referred to as an online auction web site, it is important
to realize that we are not a traditional "auctioneer." Instead, the Site acts as
a venue to allow certain persons to advertise properties for sale, and for other
persons to review those advertisements and bid on the properties. Auction Offer
is not involved in the actual transaction between buyers and sellers and, as a result,
has no control over the quality, safety or legality of the properties advertised,
the truth or accuracy of the postings, the ability of sellers to sell property or
the ability of buyers to buy property. Auction Offer cannot ensure that a buyer
or seller will actually complete a transaction. Auction-style format advertisements
for the sale of real estate are designed to assist the parties in identifying the
most interested potential buyer(s). The listings do not result in binding agreements
to buy and sell real estate; however, they do allow sellers and buyers to use the
Site as a venue to determine who may be most interested in the property. In this
format, potential buyers are asked not to bid unless they intend to complete the
purchase of the advertised property, subject to customary diligence and contingencies.
Following the close of the auction-style bidding, the buyer is expected to contact
the seller within 48 hours with a binding contract offer, and to take such other
actions as may be required by local laws. Auction Offer cannot give legal advice
to buyers or sellers, and users should seek professional advice when selling or
buying real estate. Depending on the property, sellers may be required to deliver
to buyers a disclosure statement prior to a sale, and in all cases buyers should
conduct their own due diligence related to property inspection, title review, building
code compliance, termite inspection, flood plain, hazardous materials and other
local issues transparent only to an expert. While Auction Offer cannot guarantee
consummation of the sale to either seller or potential buyers, we require that sellers
and top-bidding potential buyers to follow through in good faith. |
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2. |
Auction Offer does not act as a broker or other agent for
end users unless specified via contract. Although Auction Offer may be
a registered broker under the laws of certain jurisdictions, it does not act in
such role for the users of the Site. The role of Auction Offer in the sale of properties
is limited to publishing advertising provided by sellers and providing a venue for
communications about a property. Auction Offer is not responsible for, and does
not engage in, brokering, selling, purchasing, exchanging, or leasing posted properties
or providing a "multiple listing service" as that term is traditionally used. Notwithstanding
the foregoing, Auction Offer may enter into a broker agreement with a potential
buyer or seller. In that event, Auction Offer and its client will use the Site as
any other user and be bound by the same rules and obligations as any other user.
Auction Offer does not otherwise counsel potential sellers or buyers, show properties,
negotiate sales contracts, or hold a position of trust and confidence, whether or
not in connection with the Site. Accordingly, no brokerage relationship or any agency
or fiduciary relationship is intended to be or shall be deemed to have been created
between Auction Offer and any seller or buyer of real estate. Auction Offer makes
no representations about properties advertised on the Site, about the sellers of
such properties, about the accuracy of information provided by such sellers, or
about the financial capabilities of prospective buyers. Prospective buyers are advised
to perform all due diligence before entering into a contract to purchase property,
and, as emphasized above, all parties are encouraged to seek the help of a licensed
real estate professional and real estate attorney. |
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3. |
Compliance with local laws and regulations.
All Sellers, whether non-licensed individuals, agents, brokers, or other licensed
real estate professionals, must ensure that their property description conforms
to all laws and regulations applicable to online advertising of properties by such
licensees. These requirements may include, among other things, disclosure of the
licensee's name, any firm with which the licensee is affiliated, office location,
and the jurisdiction(s) where the licensee is licensed. The purchase and sale of
real estate is a complicated matter that is governed by laws, practices and customs
that vary significantly from locality to locality. Sellers are advised that many
jurisdictions require that you provide a disclosure statement to all prospective
buyers regarding the condition of your property. In addition, under U.S. federal
law, sellers have an obligation to disclose information on lead-based paint hazards.
Users are strongly advised to seek the help of a licensed real estate professional
and/or a real estate attorney to help in the negotiation and sale of any real estate.
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4. |
Probability Indicator. The Site uses a probability
indicator to provide an indicator to potential buyers of the possibility of a winning
bid. The probability indicator weighs information provided by seller and potential
buyers such as desired price, deposit amount, contractor inspection, pest inspection
and closing timing and matches those variables of seller with those proposed by
buyer. The probability indicator is a tool to facilitate the use of the Site which
uses weighted variables, as determined by Auction Offer’ best estimates. Auction
Offer does not warrant that the probability indicator is error-free or provides
the only and best result. Users should not rely on the probability indicator.
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5. |
Eligibility. Use of the Site and the Services
is limited to parties that lawfully can enter into and form contracts under applicable
law. Without limiting the generality of the foregoing, minors may not use the Services.
Every person who uses the Services hereby represents to Auction Offer that he or
she is not a minor, is at least over the age of eighteen (18) and may otherwise
enter into and form binding contracts under applicable law. To register, you must
provide your real name, address, phone number and e-mail address, along with other
information that may be required from time to time.
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6.
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Applicable Policies and Guidelines. You agree
to abide by the procedures and guidelines for conducting and participating in transactions
on the Site, which are contained in the [Help Pages] and are incorporated by reference
into, and made part of, this Agreement. The policies, procedures and guidelines
contained in the Help Pages explain the processes and set out acceptable conduct
and prohibited practices. These policies, procedures and guidelines may be changed
by Auction Offer in the future, and will be effective immediately upon posting,
without individual notice to you. You should regularly refer to the [Help Pages]
to understand the current procedures and guidelines related to the Site
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7. |
Exclusivity of Site for Receipt of Offers. By
registering and agreeing to the use of the Site, the seller and its agent, if any,
agree that the property will be presented for sale exclusively on the Site and the
property will not be listed for sale through other means.
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8. |
Auction Offer Reservation of Rights. Auction
Offer retains the right, but does not have the obligation, to immediately halt any
auction or sale, prevent or restrict access to the Site or the Services or take
any other action in case of technical problems, inaccurate listings, auction inaccuracies,
unlawful items, or actions otherwise prohibited by the procedures and guidelines
contained on the Site, or for any other reason in the sole and absolute discretion
of Auction Offer, and to correct any inaccurate listing, auction inaccuracies, property
inaccuracies or technical problems on the Site.
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9. |
Your Transactions and Obligations. You may advertise
your properties for auction on the Site as “seller”, or you may engage a listing
agent to act on your behalf and to list the property. In any event, you and your
listing agent, if any, agree to be bound by the terms of this User Agreement and
to comply with the rules of the Site. You agree to act in good faith with respect
to the listing and potential sale of your property, to comply with all applicable
laws and to negotiate with the winning bidder in good faith. The owner of the property
is responsible for ensuring that the listing agent complies with this User Agreement
and the rules of the Site. Potential buyers who wish to bid on properties must register
with the Site and be pre-approved by a Financial Institution. A list of approved
Financial Institutions can be found at http://demo.1clickoffer.com,
and the process of notifying the Site of pre-approval by a Financial Institution
is contained in the [Help Pages]. As a potential buyer you may engage an agent to
act on your behalf and to bid on the property. In any event, you and your agent,
if any, agree to be bound by the terms of this User Agreement and to comply with
the rules of the Site. A winning bidder agrees that its offer on a property includes
the obligation to contact the seller within 48 hours of the winning bid with a contract
for purchase.
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10. |
Password Security. Your password may be used
only to access the Site and use the Services. You are solely responsible for maintaining
the security of your password. You may not disclose your password to any third party
(other than third parties authorized by you to use your account) and are solely
responsible for any use of or action taken under your password on this Site. If
your password is compromised you must change your password.
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11. |
Access and Interference. You agree that you
will not: (a) take any action that imposes, or may impose in our sole discretion
an unreasonable or disproportionately large load on our infrastructure; (b) copy,
reproduce, modify, create derivative works from, distribute or publicly display
any content (except as otherwise provided herein); (c) interfere or attempt to interfere
with the proper working of the Site or any activities conducted on the Site; or
(d) bypass our robot exclusion headers or other measures we may use to prevent or
restrict access to the Site.
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12. |
Illegal Activity
Compliance with Laws; Fraud.
The Site and Services only may be used for lawful purposes and in a lawful manner.
You agree to comply with all applicable laws, statutes and regulations regarding
use of the Services, including with respect to the purchase and sale of real property.
You may not register under a false name or use an invalid or unauthorized credit
card. You may not make bids under a false name, impersonate any participant, or
use another participant's password(s). Such fraudulent conduct is a violation of
federal and state laws. Fraudulent conduct may be reported to law enforcement, and
Auction Offer will cooperate to ensure that violators are prosecuted to the fullest
extent of the law.
Shill Bidding.
The Site and Services only may be used for lawful purposes and in a lawful manner.
You agree to comply with all applicable laws, statutes and regulations regarding
use of the Services, including with respect to the purchase and sale of real property.
You may not register under a false name or use an invalid or unauthorized credit
card. You may not make bids under a false name, impersonate any participant, or
use another participant's password(s). Such fraudulent conduct is a violation of
federal and state laws. Fraudulent conduct may be reported to law enforcement, and
Auction Offer will cooperate to ensure that violators are prosecuted to the fullest
extent of the law.
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13. |
Breach. Without limiting other remedies, Auction
Offer may immediately issue a warning, temporarily suspend, indefinitely suspend
or terminate your membership and refuse to provide our services to you: (a) if you
breach this Agreement or the documents it incorporates by reference; (b) if Auction
Offer is unable to verify or authenticate any information you provide to Auction
Offer; or (c) if Auction Offer believes that your actions may cause legal liability
for you, other users of the Site or Auction Offer.
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14. |
Privacy, Monitoring and Disclosure.
Auction Offer is committed to protecting your privacy.
Click here
http://demo.1clickoffer.com/privacypolicy.aspx for our Privacy Statement, which is incorporated by
reference into, and made part of, this Agreement. Auction Offer may change the Privacy
Statement in the future. You should check the Privacy Statement frequently for changes.
Except as authorized herein and unless otherwise authorized or consented, you agree
not to use any information regarding other participants which is accessible from
the Site or disclosed to you by Auction Offer except to enter into and complete
transactions. You agree not to use any such information for purposes of solicitation,
advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, otherwise
objectionable conduct or otherwise inconsistent with our privacy policy.
Investigation.
As permitted by applicable law and consistent with our privacy policy, Auction Offer
has the right, but not the obligation, to monitor any activity and content associated
with this Site. Auction Offer may investigate any reported violation of its policies
or complaints and take any action that it deems appropriate. Such action may include,
but is not limited to, issuing warnings, suspension or termination of service, denying
access and/or removal of any materials on the Site, including listings and bids.
Auction Offer reserves the right and has absolute discretion, to remove, screen
or edit any content that violates these provisions or is otherwise objectionable.
Disclosure of Information.
As permitted by applicable law, Auction Offer also reserves the right to report
any activity that it suspects violates any law or regulation to appropriate law
enforcement officials, regulators, or other third parties. In order to cooperate
with information requests, to protect Auction Offer systems and customers, to allow
users to resolve disputes, or to ensure the integrity and operation of Auction Offer
business and systems or other purposes deemed reasonable by Auction Offer, Auction
Offer may access and disclose any information it considers necessary or appropriate,
including, without limitation, user contact details, IP addressing and traffic information,
usage history and posted content.
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15. |
No Warranties. THE SITE AND THE SERVICES ARE
PROVIDED ON AN "AS IS" BASIS. CUSTOMER'S USE OF AND RELIANCE THEREON ARE AT CUSTOMER'S
OWN AND SOLE RISK. AUCTION OFFER MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
AND NON-INFRINGEMENT;
THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE,
ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR;
THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE WILL BE AS
REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF OFFER, LAWFUL TO SELL,
OR THAT BUYERS OR SELLERS WILL PERFORM AS PROMISED;
ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING
FROM THE NEGLIGENCE OF AUCTION OFFER.
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AUCTION OFFER DISCLAIMS ANY
AND ALL SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH
YOU OBTAIN FROM AUCTION OFFER OR THROUGH THE USE OF SERVICES SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THIS AGREEMENT.
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16. |
General Release. BECAUSE AUCTION OFFER IS NOT
THE SELLER IN TRANSACTIONS BETWEEN BUYERS AND SELLERS, IF A DISPUTE ARISES BETWEEN
ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE AUCTION OFFER (AND ITS AFFILIATES,
AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL)
OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED
AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU
ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." YOU,
BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE
THEREUNDER, AS WELL AS UNDER ANY OTHER STATUES OR COMMON LAW PRINCIPLES OF SIMILAR
EFFECT. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL
TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE
BEEN ENTERED INTO BY AUCTION OFFER.
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17. |
Limitation of Liability. AUCTION OFFER WILL
NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION
WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR
THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES WHETHER SUCH DAMAGES ARISE UNDER
THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
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18. |
Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND
HOLD AUCTION OFFER AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS,
AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES,
COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM OR
IN CONNECTION WITH (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING THE DOCUMENTS INCORPORATED
BY REFERENCE; (B) YOUR VIOLATION OF ANY STATE, FEDERAL FOREIGN OR INTERNATIONAL
LAWS, CODES OR REGULATIONS; AND/OR (C) YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS,
INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY
RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION
OF THIS AGREEMENT.
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19. |
Applicable Law. The laws of the State of California
govern this Agreement and all of its terms and conditions, without giving effect
to any principles of conflicts of laws.
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20. |
Arbitration. YOU AGREE THAT ANY CONTROVERSY
OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SERVICES SHALL BE SETTLED
BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE
AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED
ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY
CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN SAN
FRANCISCO, CALIFORNIA, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO
ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR AUCTION OFFER MAY SEEK ANY
INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN SAN FRANCISCO,
CALIFORNIA, IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR AUCTION OFFER
PENDING THE COMPLETION OF ARBITRATION AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY
CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION
OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.
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Buyer and Seller Disputes. Because Auction Offer
is not the seller in the actual transaction between sellers and buyers and is not
the agent of either for any purpose, Auction Offer does not have the duty to resolve
and will not be involved in resolving any disputes between participants related
to or arising out of any such transaction.
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22. |
Licenses. Auction Offer grants a limited license
to each participant to make personal use only of the Site and the Services in accordance
with this Agreement. This license expressly excludes, without limitation, any reproduction,
duplication, sale, resale or other commercial use of the Site and the Services (other
than the buying and selling of property in accordance with this Agreement), making
any derivative of the Site or the Services, the collection and use of participant
e-mail addresses or other participant information, ratings or listings, or any data
extraction or data mining whatsoever.
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23. |
Termination. Auction Offer, in its sole discretion,
may terminate or modify this Agreement, access to the Site or the Services, or any
current transaction immediately without notice for any reason.
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24. |
General Provision
Entire Agreement.
This Agreement and the general terms, conditions set forth on the Site, including
but not limited to those set forth in the [Help Pages] and Privacy Statement and
Legal Pages, constitute the entire agreement of the parties with respect to the
subject matter hereof and supersedes and cancels all prior and contemporaneous agreements,
claims, representations and understandings of the parties in connection with the
subject matter hereof.
No Agency; Third-Party Beneficiary.
Auction Offer is not the agent, fiduciary, trustee or other representative of you.
Nothing expressed or mentioned in or implied from this Agreement is intended or
shall be construed to give to any person other than the parties hereto any legal
or equitable right, remedy or claim under or in respect to this Agreement. This
Agreement and all of the representations, warranties, covenants, conditions and
provisions hereof are intended to be and are for the sole and exclusive benefit
of Auction Offer and you.
Severability.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these terms and
conditions and shall not affect the validity and enforceability of any remaining
provisions.
No Waiver.
Auction Offer's failure to enforce the strict performance of any provision of this
Agreement will not constitute a waiver of Auction Offer's right to subsequently
enforce such provision or any other provisions of this Agreement.
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