AJBILLIG.COM

TERMS OF USE

Last Modified: 09/16/2019

1. ACCEPTANCE OF THE TERMS OF USE

These Terms of Use are an agreement between You and A.J. Billig & Co., LLC ("A.J. Billig", "Company", "we", "us" or "our"). The following terms and conditions, together with any document they expressly incorporate (collectively, the "Terms of Use"), govern your access to and use of the www.ajbillig.com website ("Website") and services provided there. A.J. Billig provides real estate and personal property sales and related services (collectively, the "Services"). Please read these Terms of Use carefully before you start to use the Website. By accessing the Website and using the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy incorporated herein by reference. If you do not agree with these Terms of Use or the Privacy Policy, do not access or use the Website or the Services.

These Terms of Use apply to your use of the Website and Services; additional terms and conditions may be applicable should you choose to participate in any sale of real estate or personal property conducted by A.J. Billig. Such additional terms and conditions of sale may be presented at the time of registration and/or sale, and/or may be announced orally at the sale.

2. CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website and Services thereafter.

Your continued use of the Website and Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you will be aware of any changes, as they are binding on you.

3. ELIGIBILITY

  1. The Website and our Services are designed to comply with the laws and regulations of the United States (the "U.S."), and are intended for access and use by U.S. residents only. If you access the Website from outside the U.S., you do so at your own initiative and are responsible for compliance with local laws.
  2. You acknowledge that you are 18 years of age or older. Those under the age of 18 are not allowed to visit or otherwise use the Website on their own behalf, and we do not knowingly collect information from such persons.

4. RESTRICTIONS ON WEBSITE USE

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation.
  • Engage in unauthorized use of bots, spiders, scraping, or harvesting of content or information, or use any other unauthorized automated means to compile information.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide.
  • Falsify or delete any author attributions, copyright notices or legal or other notices or proprietary designations or labels of the origin or source of material contained in a file that is uploaded, or that is provided with the Website materials or accessed through the Website.
  • Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure.
  • Engage in any other conduct that restricts or inhibits any person from using or enjoying the Website or Services, or that, in our sole judgement, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
  • Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website, the Services or any activity conducted on the Website or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Otherwise attempt to interfere with the proper working of the Website.

5. REAL ESTATE BROKERAGE SERVICES / NO AGENCY

Neither A.J. Billig, nor the auctioneer employed by A.J. Billig to conduct any auction is your employee, agent, representative, or contractor with respect to any auction in which you may participate.

6. DISCLAIMERS / RELIANCE ON INFORMATION POSTED

The information presented on or through the Website is made available solely for general information purposes. It is not intended as and does not constitute legal advice and should not be acted on as such. Although this information has been obtained from sources deemed reliable and is believed to be accurate, we do not warrant the accuracy, completeness, or usefulness of this information, including but not limited to information regarding dimensions, square footage or acreage, zoning use or environmental conditions for any specific property listed. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Prospective purchasers are encouraged to perform their own due diligence, in advance of the auction/sale, regarding the permitted uses of the property.

Unless otherwise expressly provided by A.J. Billig, all property is auctioned and sold in its "as-is", "where-is" condition on the day of the auction. It is the responsibility of the prospective purchaser to determine the nature, condition, and state of title of the property to be purchased at the sale.

7. CHANGES TO THE WEBSITE

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. We reserve the right to withdraw or amend this Website or any Service or any material we provide on the Website, in our sole discretion without notice. We will not be liable to you if for any reason all or any part of the Website is unavailable at any time or for any period.

Authority to cancel any sale advertised on the Website rests solely with the Seller and/or the Trustee and/or Auctioneer. Prospective buyers should disregard all other statements and comments made by any other person or entity regarding minimum bids, pricing and cancellations of the sale. Additional terms may be announced at the time of sale. The Seller(s) and/or Truste(es) reserve: (1) the right to accept or reject any or all bids; (2) the right to modify or waive the requirements for bidders' deposits and terms of sale and/or settlement; (3) the right to withdraw a property from sale before acceptance of the final bid; and (4) the right to cancel or postpone a sale.

8. INFORMATION DISCLOSURE

  1. Disclosure under Law. Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, including personally identifiable information, or to edit, refuse to allow or to remove any information or materials, in whole or in part, in Company’s sole discretion.
  2. Providing Correct Personal Information. In the course of using the Website, you may be asked or required to enter certain information, including without limitation personal information including but not limited to your name, email address, your physical address, your phone and/or fax number(s), and your company name and title (collectively, "Information"). You represent and warrant that you will provide Company with full, true and correct Information, and to update such Information on the Website promptly as reasonably necessary and as required by the Website. You agree that all Information you provide to this Website is governed by our Privacy Policy, and you consent to all actions we take with respect to your Information consistent with our Privacy Policy.

9. INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by A.J. Billig, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights or laws.

These Terms of Use permit you to use the Website to receive informational content, contact us, or otherwise submit information in furtherance of your use of the Services. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by A.J. Billig. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

10. TRADEMARKS

The A.J. Billig name, logos, and all related names, logos, product and service names, designs, and slogans, whether registered or not, are trademarks of A.J. Billig. You must not use such marks without the prior written permission of A.J. Billig. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

11. COPYRIGHT POLICY

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

12. DESIGNATED DMCA COPYRIGHT AGENT

Our designated copyright agent to receive DMCA Notices is:

Agent Name:
A.J. Billig Copyright Agent
Tel:
410-296-8440
Postal Address:
A.J. Billig & Co.
Attn: Copyright Agent
6500 Falls Road
Baltimore, Maryland 21209

ALL INQUIRIES TO THE COPYRIGHT AGENT NOT RELATED TO A COPYRIGHT INFRINGEMENT CLAIM WILL RECEIVE NO RESPONSE.

13. FEEDBACK

If you provide us with materials such as comments, bug reports, feedback or modifications proposed by you to us, about A.J. Billig., the Website, or the Services (collectively, "Feedback"), then A.J. Billig will have the right to use such Feedback at our discretion, including but not limited to incorporating such Feedback into the Website and the right to assign, license or otherwise use such Feedback. You hereby give A.J. Billig a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate such Feedback and use such Feedback for any purpose. No compensation will be paid with respect to the use of your Feedback.

We have the right to:

  • Take any action with respect to any Feedback that we deem necessary or appropriate in our sole discretion, including if we believe that such Feedback violates these Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for A.J. Billig.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

14. LINKS FROM THE WEBSITE

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

15. DISCLAIMER OF WARRANTIES

You acknowledge and agree that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. IN NO EVENT SHALL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER A.J. BILLIG NOR ANY PERSON ASSOCIATED WITH A.J. BILLIG MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER A.J. BILLIG NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

A.J. BILLIG HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE, RESULTS, SECURITY, INTEGRATION, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND FITNESS FOR ANY PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16. LIMITATION ON LIABILITY

IN NO EVENT WILL A.J. BILLIG, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17. INDEMNIFICATION

You will indemnify, defend (or settle) and hold harmless A.J. Billig, its affiliates, board members, officers, employees, and agents ("A.J. Billig Entities") from all claims, actions, proceedings, losses, settlements, judgments, liabilities, suits, damages, disputes or demands, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, and including reasonable attorney's fees and all other costs, fees, and expenses (collectively, "Claims") against any of the A.J. Billig Entities arising out of or in connection with (a) your use of our Services, including any property listing data provided on the Website; (b) violation of these Terms; or (c) violation of any law or third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secret, right of privacy or publicity or any other third party right). You will not settle any indemnified claim without the prior written consent of A.J. Billig, such consent not to be unreasonably withheld. In connection with any Claims that may give rise to your indemnification obligations as set forth above, the A.J. Billig Entities shall have the exclusive right, at their option, to defend, compromise and/or settle the suit, action or proceeding, and you shall be bound by the determination of any suit, action or proceeding so defended or any compromise or settlement so effected. The remedies provided in this section are not exclusive of and do not limit any other remedies that may be available to the A.J. Billig Entities pursuant to this section. The terms of this section shall survive the termination of your relationship with us and/or registration for our Services.

18. CHOICE OF LAW; JURISDICTION AND VENUE; WAIVER OF JURY TRIAL

These Terms of Use are governed by the laws of the United States of America and the State of Maryland, excluding any law or conflicts of law principle that would apply the law of another jurisdiction. You hereby consent to the exclusive jurisdiction and venue of courts in Baltimore, MD in all disputes arising out of or relating to the use of the Website or under these Terms of Use; provided, however, that in the event A.J. Billig is sued or joined by a third party in any other court or in any other forum in respect of any matter which may give rise to a claim by us hereunder, you consent to the jurisdiction of such court or forum over any claim which may be asserted by us therein. You irrevocably consent to the exercise of personal jurisdiction by such courts in any such action. In addition, and notwithstanding the foregoing, you irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment in any such suit, action or proceeding brought in any such court shall be conclusive and binding upon you and may be enforced in any court in which you are subject to a jurisdiction by a suit upon such judgment. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. A.J. Billig and you each hereby waive the right to a trial by jury in any court and in any suit, action or proceeding, whether in tort, contract, or otherwise, in which any such party is a party, as to any claim arising out of or in connection with these Terms of Use, your or our rights and obligations under these Terms of Use, the Website, use of the Website, and/or the Services and/or products that may be provided by or through or in connection with the Website.

19. MISCELLANEOUS

Entire Agreement. The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and A.J. Billig regarding the Website, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

No Joint Venture. You agree that no joint venture, partnership, employment, or agency relationship exists between you and A.J. Billig as a result of these Terms of Use or your use of Website.

Headings. Section headings and other captions in these Terms of Use are used solely for the convenience of the parties, have no legal or contractual significance, and shall not be used in interpreting, construing, or enforcing any of the provisions of these Terms of Use.

Survival. The provisions of the following sections shall survive any termination or expiration of these Terms of Use: Disclosure Under Law, Disclaimers, Indemnification, Intellectual Property, Choice of Law, Jurisdiction and Venue, Waiver of Jury Trial, and Miscellaneous.

No Waiver. Our failure to enforce any provision of these Terms of Use will not be construed as a waiver or limitation of our right to subsequently enforce and compel strict compliance with that provision or any other provision of these Terms of Use.

Severability. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Assignment. No assignment, delegation or other conveyance of these Terms of Use may be made by you (by operation of law or otherwise) without our prior written consent, to be given in our sole discretion. A.J. Billig may assign its rights and obligations hereunder to any other party.

Statute of Limitations. Any cause of action you may have with respect to your use of the Website must be commenced within one year after the claim or cause of action arises; thereafter, any such claim will be forever barred, without regard to any contrary legislation, rule, or other authority.

Agreement Binding. In the event that any provision of these Terms of Use is deemed to be unenforceable, said provision will be interpreted to reflect the original intent of the parties in accordance with applicable law, and the remainder of these Terms of Use will continue in full force and effect.

Notices. Notices to A.J. Billig under these Terms of Use shall be sufficient only if in writing and transmitted via personal delivery, delivered by a major commercial rapid delivery courier service, or mailed, postage or charges prepaid, by certified or registered mail, return receipt requested, to A.J. Billig & Co., 6500 Falls Road, Baltimore, MD 21209, with such notices being effective as of the date of actual, confirmed receipt by us. Notices to you are deemed effective if sent to the email, fax, mail address or other contact information provided by you during use of the Website or Services, and are deemed effective upon the earlier of being confirmed received or one day after having been sent.