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BidOnTheCity.com Terms and Conditions

Welcome to Bidonthecity.com – the best way to buy, sell and rent residential and commercial real estate. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE. IN ADDITION, IF YOU LIST YOUR PROPERTY WITH US OR PARTICIPATE IN ANY OF OUR BIDDING EVENTS, YOU ABSOLUTELY AND UNCONDITIONALLY AGREE WITH ALL THE TERMS AND RULES LISTED IN OUR LISTING AGREEMENT AND BIDDING RULES AS POSTED ON BIDONTHECITY.COM. IF YOU DO NOT AGREE WITH THE TERMS AND RULES LISTED IN OUR LISTING AGREEMENT, PLEASE DO NOT LIST THE PROPERTY WITH US. IF YOU DO NOT AGREE WITH THE BIDDING RULES, PLEASE DO NOT PARTICIPATE IN OUR BIDDING EVENTS.
Before you can register with Bidonthecity.com, you must read and accept all of the terms and conditions in, and linked to, these Terms and Conditions the Privacy Policy. This Agreement is effective as of November 30, 2009, for current users, and upon acceptance for new users.

Using BidOnTheCity.com

While using BidOnTheCity.com, you will not:

Fees and Services

Joining Bidonthecity.com is free. We charge Sellers, Buyers, Owners and Tenants respective fees as provided in the Listing Agreement and Bidding Rules. We may change the listed fees from time to time. Changes to that Policy are effective after we provide you with at least five (5) days' notice by posting the changes on the Bidonthecity Website. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the Website.

Content

With the exception of content provided by you, all the content that we prepare for your property, Bidonthecity has the exclusive, worldwide, perpetual, irrevocable, sublicensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights in any media known now or in the future. You may not use any of the content without Bidonthecity's written permission.
For the convenience of sellers and owners, we may offer certain services, descriptions and property specifications, which are provided by third-parties. While we try to offer reliable data, we cannot promise that such third party information will always be accurate and up-to-date. You agree that you will not hold our third party providers responsible for inaccuracies appearing in their services or databases.
BIDONTHECITY OR ITS SUPPLIERS MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND BIDONTHECITY DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. BIDONTHECITY RESERVES THE RIGHT TO TERMINATE ANY OR ALL WEBSITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO THE USER. FURTHERMORE, BY OFFERING THIS WEBSITE AND INFORMATION, PRODUCTS OR SERVICES VIA THIS WEBSITE, NO DISTRIBUTION OR SOLICITATION IS MADE BY BIDONTHECITY TO ANY PERSON TO USE THE WEBSITE OR SUCH INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THE WEBSITE AND SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW.

Release

If you have a dispute with one or more Sellers, Buyers, Owners, Tenants, Agents, Brokers, Representatives or the like, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Access and Interference

The Websites contains robot exclusion headers. Much of the information on the Websites is updated on a real-time basis and is proprietary to Bidonthecity. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission.
Additionally, you agree that you will not:

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your express consent. We use your information only as described in the Bidonthecity Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Bidonthecity Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Potential Disruption of Service

Access to the Website may from time to time be unavailable, delayed, limited or slowed due to, among other things:

LIMITATION OF LIABILITY

BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE) IS PROVIDED "AS IS" "AS AVAILABLE". BIDONTHECITY AND THIRD PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE. BIDONTHECITY AND THIRD PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, BIDONTHECITY WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER'S BROWSER OR OTHER WEBSITE ACCESSING PROGRAM. NOR WILL BIDOTHECITY BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND JPMORGAN CHASE'S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.
BIDONTHECITY AND THIRD PARTY DATA PROVIDERS DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. FURTHERMORE, BIDONTHECITY AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER'S FILES AND THE USER'S BROWSER OR OTHER WEBSITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND BIDONTHECITY AND ITS AFFILIATES' CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.
UNDER NO CIRCUMSTANCES BIDONTHECITY BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER BIDONTHECITY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

Enforceability and Governing Law

In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions shall be subject to any other agreements you have entered into with Bidonthecity. The user's access to and use of the Bidonthecity.com's Website, and the terms of this disclaimer are governed by the laws of the State of New York.

General

Bidonthecity Inc. is located at 226 Fifth Avenue, Ground Floor, New York, New York 10001. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this Website. Except as stated elsewhere, all amended terms shall automatically be effective 10 days after they are initially posted. This Agreement may not be otherwise amended except in a writing signed by you and us.