including the binding arbitration clause and class action waiver contained in Section 13 below, you
may not use the Services or create an account. We may from time to time add to or revise
use of the Services following such changes will constitute your acceptance of the new or revised Terms
ELIGIBILITY AND REGISTRATION
You must be at least 18 years old to use the Services. You may choose to create an account and provide
certain information, including a valid email address and a password. If you want to participate in an
auction event, you will have to register with us. You agree to provide accurate and truthful information
and to keep it accurate and updated. It is your responsibility to maintain the confidentiality and security
of your information, and you agree to notify us if there has been any unauthorized use of your information.
You may not share your password with unaffiliated third parties. By providing your information, you
consent to us contacting you about your interest in the Services by e-mail, phone, or through any other
contact information you have chosen to provide. Please refer to our Privacy
Statement. You may opt out of marketing by following the instructions in our
You should assume that all content that you see, hear or read on this Site is subject to our copyright
and/or trademark protection. All content displayed on this Site, and all trademarks, logos, trade names
and service marks displayed on this Site, whether or not registered, belong exclusively to the Site
Owner or are displayed by the Site Owner with permission from others. The use of this content, including
images, sound files and/or written text, by you or anyone else authorized by you is prohibited unless
unauthorized use of this content may violate copyright laws, trademark laws, the laws of privacy and
publicity, and other applicable regulations and statutes, and may subject you to prosecution or civil
liability. You may only download or copy the contents of this Site for your personal use in the manner
intended by this Site, provided you must also retain all displayed copyright, trademark and other proprietary
notices. You may not reverse engineer, distribute, modify, transmit, reuse or re-post the content of
this Site. You may not copy, reproduce, modify, sell, distribute, re-transmit, display, perform, circulate,
transfer, broadcast, create derivative works from, publish, or use this Site or any content on this
Site for any commercial or unlawful purpose. Without limitation on the generality of the preceding
paragraph, GenericBid, GenericBid.com, and www.genericbid.com are
service marks, trademarks or trade names of the Site Owner. All rights are reserved. You agree to
strictly comply with all applicable intellectual property laws when you use the Site and Services. Your
use of the Site and Services shall not transfer to you, or create any ownership rights for your benefit
in or to, any intellectual or other property rights of the Site Owner with respect to the Site or Services.
You shall not create or derive any rights in any derivative works based on the Site or Services. You
shall not alter any of the content on the Site.
YOUR LICENSE TO USE THE SERVICES
The Services are owned exclusively by us; however, we grant you a limited, non-exclusive, non-transferable
use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer,
publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services, except as
in the immediate termination of your right to use the Services. We reserve all right, title and interest
not expressly granted under this license to the fullest extent possible under applicable laws. We reserve
the right to terminate your license at any time.
There are a number of rules you must follow to use the Services. You agree not to use the Services in
any way that:
- 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;
- Violates the restrictions in any robot exclusion headers of the Services, or bypasses or circumvents
other measures to prevent or limit access to the Services;
- Creates any derivative works from the Services;
- Competes with our business or adversely or negatively impacts our revenue;
- Impairs our computer systems or transmits software viruses, worms, or other harmful files.
- Interferes with any other party’s use and enjoyment of the Services;
- Attempts to gain unauthorized access to the Services;
- Uses any part of the Services in unsolicited mailings or spam material;
- Violates our or any third party’s rights, including copyright, trademark, privacy rights, or any other
intellectual property or proprietary right;
- Threatens, stalks, harms, or harasses us or others, misleads or deceives us or others, promotes bigotry
or discrimination, defames us or others, or is otherwise objectionable; solicits personal information,
or submits or transmits pornography; or
- Violates any laws.
YOUR CONTENT AND SUBMISSIONS
Any communication, material or content that you transmit or upload to this Site, including without limitation
any data, questions, comments, suggestions, or the like is and will be treated as non-confidential and
non-proprietary. We have no obligation to enforce your copyright or trademark. Anything you transmit,
upload or post may be used by us or our affiliates for any commercial or other purpose, including, but
not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. We are also
free to use any ideas, concepts, know-how, or techniques contained in any communication you send to
this Site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing,
distributing and/or selling products or services using such information, all without notice or compensation
to you. To the extent that you are deemed the owner of any such communication, material or content
that you transmit or upload to this Site, you hereby grant to us, our subsidiaries, affiliates, successors
and assigns a nonexclusive, transferable, royalty-free, perpetual, irrevocable, and fully sub-licensable
right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute,
copy, display, and enforce such communication, material or content throughout the world in any form.
You represent and warrant to us, our subsidiaries, affiliates, successors and assigns that you own or
otherwise have the unrestricted right to submit all communication, material or content that you transmit
or other property rights of any persons, or cause injury to any other person or entity. We take no responsibility
and assume no liability for any material, content, opinion, recommendation, or advice submitted by you
or any third party. We have no obligation to post any content you provide, and reserve the right to
post our own versions of that content (including, but not limited to, photos of properties or property
descriptions) instead of yours in our sole discretion. We reserve the right (but shall not have the
obligation) to remove or edit all communication, material or content that you transmit or upload to
this Site, without liability to you or others for our decision to do so or not do so. You assign to
us the right to pursue enforcement of copyright and other intellectual property claims against third
distributed content from the Services that has been provided to us by you.
Without limitation on the generality of the foregoing, all comments, remarks, suggestions, ideas, graphics
or other information including, without limitation, information in your registration or profile or other
communications to the Site Owner related to this Site (collectively, the “Submission”) will forever
be the property of the Site Owner. The Site Owner will have no obligation to treat or hold any Submission
as confidential. The Site Owner may, within its discretion, use or otherwise commercially exploit your
Submission for its own benefit and profit, and without liability to you or any obligation to pay to
you any fee or other compensation for the use of your Submission including, without limitation, all
ideas expressed within your Submission. Without limitation on the generality of the foregoing, you
agree that the Site Owner will have exclusive ownership of all present and future rights to all Submissions
of every kind and nature everywhere. To the extent that, under applicable law, you retain any rights
in and to the Submissions, you are deemed to have granted to the Site Owner an irrevocable and perpetual,
royalty free and fully paid, worldwide, transferable (and sub-licensable through multiple tiers), and
exclusive license to make, use and sell (including all copyright and publicity rights in and to) the
Submission. The Site Owner will be entitled to use all Submissions for any commercial or other purpose
of every kind whatsoever, without notice or compensation to you or any other person sending the Submission.
The Site Owner reserves the right to monitor, edit, modify or delete any Submission.
You agree not to introduce to the Site any virus, worm, Trojan horse, malware, spyware, phishing or
replicating program, lockout or expiration code, or other programming routines or codes that are intended
to cause, or will have the effect of causing, any surreptitious or overt interception, copying, use
or damage of, or interference with, any systems or data, by any other user of the Site. You agree not
to make any submission of any communication, material or content which imposes an unreasonable or disproportionately
large load on the Site’s servers.
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 to change the content or technical
specifications of any aspect of the Services at any time in our sole discretion. You further agree that
such changes may result in your being unable to access the Services.
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 documents, pictures, 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. You are encouraged to conduct your own due diligence and
investigate all matters relating to any properties. is recommended that you seek independent
advice, including legal advice, 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 Services is subject to change.
You should check back frequently for updated information as to items available for bid, auction events,
times and locations, relevant auction terms, and other matters which may be made available by us users
of this Site.
Some of the available content, services, and information may include materials that belong to third
parties. You acknowledge that we assume no responsibility for such content, services, or information.
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.
YOUR USE OF THIS SITE IS AT YOUR RISK. BY ACCESSING AND USING THIS SITE, YOU AGREE THAT NO PROMISE,
GUARANTY, REPRESENTATION OR WARRANTY IS MADE TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING ANY CONTENT,
FEATURE, PRODUCT OR SERVICE OFFERED THROUGH THE SITE. ALL CONTENT, FEATURE, PRODUCT OR SERVICE OFFERED
THROUGH THE SITE IS OFFERED “AS IS,” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR
IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE SITE OWNER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE
CONTENT CONTAINED ON THE SITE.
You assume the risk that your access to or use of this Site, including without limitation your copying,
downloading or streaming of materials, data, text, images or audio from this Site, will infect your
computer equipment, software or data with a virus or worm; replicate or copy data onto your hard drive;
replicate, copy or capture data from your hard drive; or otherwise cause damage to your computer equipment,
software or data.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR 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, WITHOUT
LIMITATION, FOR LOSS OF PROFITS, LOSS OF ENTERPRISE VALUE, LOSS OF OPPORTUNITY OR LOSS OF DATA, AND
INCLUDING, WITHOUT LIMTATION, DAMAGES ATTRIBUABLE TO ANY FAILURE OF PERFORMANCE, LOSS OF DATA, 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. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU OR MAY BE LIMITED.
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 ONE HUNDRED DOLLARS ($100), WHICHEVER
You agree that if you ever have any claim against us, that claim must be brought within six (6) months
after the claim first arises, otherwise that claim will be forever barred and waived.
You agree to indemnify, defend, and hold us ,our 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 you submit to the Services;
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.
Our use of your information is governed at all times by our Privacy Statement. Our
Privacy Statement explains our practices relating to the collection and use of your information
you consent to the collection and use of your information as set forth in the Privacy Statement.
TERMINATION OR STOPPING USE OF THE SERVICES
You can stop using the Services at any time and for any reason.
Without prior notice, we may revoke your registration, suspend your ability to use certain parts of
the Services, and/or terminate your access to the Services at any time in our discretion. We may also
modify, suspend, or discontinue the Services, without prior notice to you.
your right to use the Services, we shall be entitled to seek injunctive relief to enforce the provisions
hereof, but nothing herein shall preclude us from pursuing any action or other remedy for breach or
from you all reasonable costs, expenses, and attorneys’ fees incurred in connection therewith.
In order to protect the Services, we reserve the right at any time to block users from certain IP addresses
from accessing and using the Services. We may also request that you stop accessing or permanently destroy
certain content or information available through the Services.
BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
Please read this section carefully – it may significantly affect your legal rights,
including your right to file a lawsuit in court and to have a jury hear your claims.
By using the Services, you irrevocably agree: (a) to waive all rights to trial in a court before a judge
or jury on any claim, action or dispute with us or relating in any way to your use of the Services or
Privacy Statement is void or voidable (“Claims”); (b) that all Claims will be determined exclusively
by final and binding arbitration in Oakland County, Michigan before one arbitrator; and (c) that the
arbitrator will not have the authority to consolidate the Claims of other users of the Services (“Users”)
and will not have the authority to fashion a proceeding as a class or collective action or to award
relief to a group or class of Users in one arbitration proceeding.
The arbitration shall be administered exclusively in accordance with the Commercial Arbitration Rules
rules, however, such proceeding shall be governed by the laws of the State of Michigan. All parties
shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing,
except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except
as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge
to an award or its enforcement, or unless otherwise required by law or judicial decision.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority
to resolve any Claims; however, notwithstanding the foregoing nothing herein shall prevent or restrict
us from enforcing our intellectual property rights and/or remedy unfair competition, misappropriation
of trade secrets, unauthorized access, fraud or computer fraud, and/or industrial espionage in any court
of competent jurisdiction.
Judgment on any arbitration award may be entered in any court having jurisdiction. In any arbitration
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.
SERVICES AUDITING AND MONITORING
We reserve the right to audit and monitor (manually or through automated means) the use of the Services
We also may, but are not required to, monitor the content on the Services using manual review or technical
measures to screen, block, filter, edit or remove content. We may terminate or suspend users’ accounts
or delete, edit or remove content that we, in our sole discretion, deem illegal, offensive, abusive,
in violation of our policies, or otherwise inappropriate or unacceptable. All enforcement determinations
are made in our sole discretion, and we will not incur any liability or responsibility if we choose
to remove or delete any content.
You acknowledge, consent, and agree that we may access, preserve, and disclose information about your
use of the Services, including your communications and content you submit, if required to do so by law
or in a good faith believe that such access, preservation, or disclosure is reasonably necessary to:
you submit violates the rights of third parties; (iv) respond to your requests for customer service;
or (v) protect the rights, property or personal safety of us, our users and the public.
A. Notices and Electronic Communications. We may provide you with notices
from time to time by email, regular mail, or communications though the Services. When you use the Services,
you consent to receive communications from us electronically. You agree that all notices, disclosures,
and other communications that we provide to you electronically satisfy any legal requirement that such
communications be in writing. You agree that you have the ability to store electronic communications
such that they remain accessible to you in an unchanged form.
B. United States Export and Foreign Assets Control Regulations. We do not
represent that the Services are appropriate or available for use in any particular location. Those who
choose to access the Services shall do so on their own initiative and are responsible for compliance
with all applicable local laws. You represent and warrant that you are not (a) located in or a national
or resident of any country that is subject to U.S. trade sanctions, or (b) a person or entity on the
U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or acting on behalf
of any person or entity on such list.
shall not constitute a waiver of such right or provision unless acknowledged and agreed by us in writing.
For questions about the Services, you may contact GenericBid.com at:
firstname.lastname@example.org or 1-800-222-5609