AW Properties Global Terms of Use

YOU MUST READ THESE TERMS OF USE ("TOU") FOR OUR WEBSITE HTTP://WWW.AWPROPERTIES.COM "WEBSITE"; TOOLS; APPLICATIONS (INCLUDING MOBILE APPLICATIONS); AND OTHER SERVICES ("SERVICES") CAREFULLY BEFORE USING THE SERVICES. BY CONTINUING TO ACCESS, LINK TO, OR USE THE SERVICES, YOU ARE AGREEING TO THIS TOU AND ENTERING INTO A LEGALLY BINDING CONTRACT WITH AW PROPERTIES GLOBAL. DO NOT ACCESS OR USE THE SERVICES IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TOU.

AW PROPERTIES GLOBAL PROVIDES THIS WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY "YOU"), SUBJECT TO THESE TERMS.

We may from time to time modify this TOU and will post a copy of the amended TOU on the Website. You should check regularly for such modifications. If you do not agree to, or cannot comply with, the TOU as modified, you must stop using the Services or, if applicable, terminate your AW Properties Global account. You will be deemed to have accepted the TOU as modified if you continue to use any of the Services after any modifications are posted.

1. USER AUTHORITY, CONSENT AND PARTICIPATION

A. Authority to Use the Services. In order to use the Services, you must be at least 18 years of age. You represent, warrant, and covenant that (a) you have read and understood, and that you agree to be bound by, the TOU; and (b) you are at least 18 years old.

B. Registration. You may choose to register and provide certain information, including a valid email address and a password. You agree to provide accurate and truthful registration information and to update it as necessary to keep it accurate.

C. Use of Registration Information. You also agree that by providing AW Properties Global with your registration information, you consent to have representatives of the Services contact you to follow-up on your interest in using our Services via phone, e-mail, or through any other contact method for which you have chosen to provide contact information and that such contact is with your express consent, unless revoked.

D. Audit and Monitoring. AW Properties Global reserves the right periodically to audit and monitor (physically or electronically) the use of the Services to ensure compliance with the TOU and to maintain and improve the provision of the Services. Notwithstanding anything to the contrary in this TOU, AW Properties Global shall have the right to use and disclose information obtained from or input by you as part of any legal process or proceeding or as required by law.

2. LICENSE TO USE AW PROPERTIES GLOBAL SERVICES

AW Properties Global grants to you a limited, non-exclusive, non-transferable license to access and use the Services only as expressly permitted in the TOU. The Services shall not be used for any illegal purpose or in any manner inconsistent with the provisions of the TOU. You may use data made available through the Services solely for your personal, non-commercial use. Any violation by you of the license provisions contained in this Section 2 may result in the immediate termination of your right to use the Services. AW Properties Global reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws.

3. YOUR CONTENT AND YOUR SUBMISSIONS

You are solely responsible for all content and materials that you post or submit to the Services ("Your Content"), and acknowledge that once published, Your Content cannot always be withdrawn. When using the Services, you shall not submit, upload, post, or otherwise make available any material that contains software viruses, worms, or any other harmful, invasive, or corrupted files, including but not limited to, those designed to interrupt, destroy, or limit the functionality of any computer.

You represent and warrant that you own or otherwise control all of the rights to Your Content; that Your Content is truthful and accurate; that Your Content does not violate the TOU and will not cause injury to any person or entity; and that you will indemnify AW Properties Global, its subsidiaries, and affiliates for all claims resulting from Your Content.

You assign AW Properties Global the right to pursue enforcement of copyright and other intellectual property claims against third parties that have, without authorization, and in violation of the TOU, scraped, copied, or distributed content from the Website and Services that has been provided to us by you and for which you have not granted such third parties a separate license to use.

4. RESTRICTIONS

Except as expressly permitted in this TOU, you shall not:

  • Recirculate, distribute, store, transmit, publish, broadcast, copy, download, or otherwise use the Services or any portion thereof in any form or by any means except as provided for in this TOU or with the prior written consent of AW Properties Global;
  • Scrape, access, monitor, or copy any content or information on the Website by accessing the Website in an automated way, using any robot, spider, scraper, web crawler, or using any method of access other than manually accessing the publicly-available portions of the Website through a browser or accessing the Website through any approved API;
  • Violate the restrictions in any robot exclusion headers of the Website, if any, or bypass or circumvent other measures employed to prevent or limit access to the Services;
  • Share, recompile, decompile, disassemble, reverse engineer, or make or distribute any other form of, or any derivative work from, the Services;
  • Use the Services to affect AW Properties Global's ability to realize revenue in connection with the Services or compete with the business of AW Properties Global or its affiliates;
  • Use the Services in any manner that could harm, take over, disable, overburden, or otherwise impair any of AW Properties Global computer systems;
  • Interfere with any other party's use and enjoyment of the Services, or any of the content, information, or services provided through the Services;
  • Attempt to gain unauthorized access to any services, servers, or networks used by the Services through any means;
  • Use the Services, the information contained therein, or any trademarks, trade names, service marks, copyrights, or logos of AW Properties Global or its affiliates, in unsolicited mailings or spam material;
  • Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  • Threaten, stalk, harm, or harass others, or promote bigotry or discrimination; solicit personal information from minors, or submit or transmit pornography;
  • Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Services or on any materials printed or copied from the Services; or
  • Use the Services to violate any laws.

5. INTELLECTUAL PROPERTY

The Services are proprietary and protected by United States copyright laws, international treaty provisions, trademarks, service marks, and other intellectual property laws and treaties. The Services are also protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services. You acknowledge that the Services have been developed, compiled, prepared, revised, selected, and arranged by AW Properties Global and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of AW Properties Global and such others. You agree to protect the proprietary rights of AW Properties Global and all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by AW Properties Global or its suppliers and licensors of content or otherwise ("Suppliers") to protect their and others' contractual, statutory, and common law rights in the Services. You agree to notify AW Properties Global immediately upon becoming aware of any unauthorized access or use of the Services by any individual or entity or of any claim that the Services infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Services shall, as between you and AW Properties Global, at all times be and remain the sole and exclusive property of AW Properties Global.

You may not use any of AW Properties Globalís 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 or, except as otherwise provided herein, are used with AW Properties Globalís consent, and you acknowledge that you have no ownership rights in or to any of such items.

6. LINKING AND FRAMING

You may not frame the Website. You may link to the Website, provided that you acknowledge and agree that you will not link the Website 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. Any violation of this provision may, in AW Properties Global or any of its affiliate's discretion, result in termination of your use of and access to the Website.

7. BLOCKING OF IP ADDRESSES

In order to protect the integrity of the Services, AW Properties Global reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing and using the Website.

8. AW PROPERTIES GLOBAL IS NOT A PARTY TO TRANSACTIONS

AW Properties Global is not a party to any transaction relating to auction items advertised for sale on the Website. The Website is only a venue for sellers to list property for sale and for registered bidders to bid on such property. AW Properties Global is not a party to, nor involved in, the transactions between auction buyers and sellers. AW Properties Global has no control over the sellers, buyers or any aspect of the sale transactions.

9. AUCTIONS

Information Control: Information about property for sale is posted on the Website by AW Properties Global on behalf of property sellers. You may find property information to be inaccurate or lacking in detail. AW Properties Global makes no representations or warranties with respect to such information or property, all of which are provided "as is". We strongly advise that You make use of any available inspection period to personally inspect property offered on the Website so that You can make the best bidding and buying decision possible. Please use caution and common sense when using the Website. AW Properties Global has no control over the quality, safety or legality of the property listed on the Website, the truth or accuracy of the listings, or any other information provided by sellers about the property offered for sale on the Website.

Auction Period: The Auction period shall be determined by AW Properties Global and will end at a time to be determined by AW Properties Global, at its sole discretion.

Bidder Conduct: You acknowledge and agree that once a bid has been submitted on Your behalf, You may not retract the bid. In addition, sale price manipulation of any kind, directly or indirectly, by users is prohibited, including, but not limited to, bidding through a secondary account, agent or assigns on property that You are selling on the Website, by communicating with other users of the Website, or by shill bidding.

Binding Offer to Purchase: If You are the highest bidder at the end of an auction of a property offered for sale on the Website and have met the reserve price, if there is a reserve price, then You are obligated to complete the transaction unless the transaction is prohibited by law or by this Agreement. You agree that bidding on the Website is the legal equivalent of a firm purchase order.

Void Bids: AW Properties Global reserves the right to reject or void bids, whether winning or not, which it believes have not been made in good faith, are intended to manipulate the auction process, or are prohibited by applicable law.

Winning Bids: AW Properties Global is the one and only judge for the determination of winning bids, but AW Properties Global shall not be liable for any errors or omissions relating to such determination, whether by AW Properties Global or some other person.

Postponement and Cancellation: AW Properties Global reserves the right to postpone or cancel any auction posted on the Website, or any sale resulting therefrom, at its own discretion, without notice. AW Properties Global will have no liability to prospective bidders or sellers as a result of any withdrawal, cancellation or postponement of auctions or sales posted on the Website.

Withdrawal of Auction/Auction Property: You acknowledge and agree that property offered for sale on the Website may be withdrawn or sold prior to or after the end of the designated auction period and that an auction may be discontinued, either temporarily or permanently, and that the auction may, at AW Properties Globalís sole discretion, be extended beyond the designated auction period, all without notice to You. Generally, property offered for sale on the Website shall be sold to the highest bidder; provided, however, that some property may be auctioned with minimum reserve prices, and/or subject to seller's confirmation.

11. COMPLETION OF TRANSACTIONS

Liability for Auction Property: Auction property offered for sale on the Website shall be and shall remain at the risk of the seller (and not AW Properties Global) until the property is removed from the posted auction location by the buyer or the buyer's designated transportation provider. The Item shall be and shall remain at the risk of the buyer and/or the buyer's designated transportation provider (and not AW Properties Global) while in transport. The property shall be and shall remain at the risk of the buyer once delivered to the designated location.

Sales and Use Tax: All bids and offers must be net of any taxes imposed with respect to the sale or purchase transaction. Buyers are liable for all such taxes or for establishing to AW Properties Globalís satisfaction on behalf of the seller a valid exemption certificate from such taxes. Buyers and sellers acknowledge and agree that AW Properties Global is not providing a service in the calculation, reporting and remittance of sales or use taxes which may be assessed, due or owing to the taxing authorities of any taxing jurisdiction for transactions that arise in connection with Your use of the Services. Each buyer shall indemnify AW Properties Global against any tax, cost or expense relating to the failure of the buyer to satisfy any sales or use tax liability related to a transaction. Each seller shall indemnify AW Properties Global against any tax, cost or expense relating to the failure of the seller to satisfy any sales or use tax liability related to a transaction within their jurisdiction.

Buyer's Premium: AW Properties Global may, at its discretion, charge a Buyer's Premium. The Buyer's Premium is an additional service charge, for which the Buyer is responsible. It is a fixed percentage of the final selling price. If an auction includes a Buyer's Premium, it will be clearly indicated in the property listing on the Website. All fees, including Buyer's Premiums, must be paid prior to releasing any auction property for pick-up and transport.

Payment and Payment Period: The payment period for all auctions shall be determined by AW Properties Global and will be posted in the property listing on the Website. Full payment from the winning bidder in the amount of the auction closing price, plus applicable Buyer's Premiums and sales tax must be posted to a secure payment account designated by AW Properties Global within the posted payment period. Buyers may pay for their property online with a valid credit card or send payments via wire transfer or certified bank check. Without limiting the foregoing, full payment is due prior to the removal or transportation of purchased property.

Buyer Default: If, after the payment period has ended, the buyer does not make full payment in accordance with the terms set forth above, the buyer is considered in default and the property will be re-listed in an online auction and a 15% re-listing fee (which You agree is a reasonable estimate of the minimum damages incurred by AW Properties Global as a result of Your default) will be charged to Your account. The re-listing fee is based upon the original selling price of the property. By registering a valid credit card with AW Properties Global, You authorize AW Properties Global to charge applicable re-listing fees to the credit card.

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Property Removal and Removal Period: The removal period for personal property auction items shall be determined by AW Properties Global in the property listing on the Website. Buyers may remove property from the seller's location once the total purchase price (and any applicable sales tax and Buyer's Premium) has been received and posted to a secure payment account designated by AW Properties Global. Buyers are responsible for loading and shipping personal property items purchased unless otherwise noted. AW Properties Global shall have no responsibility with respect to disconnecting utilities to auction property, including electric, gas, waste and water lines. It is the buyer's responsibility to arrange and pay for the insurance, removal and shipment of purchased Items. Property removal shall be conducted responsibly and with due care for the seller's premises. The buyer shall restore and repair all real and personal property that is altered or damaged as a result of the removal of purchased property. In some cases the buyer may be required to provide a deposit before removal but that deposit will be refunded immediately upon completion of removal and approval of the property owner or manager. If the buyer does not remove purchased property within the designated removal period, the buyer will be deemed to have abandoned the property and the buyer will have no further rights with respect to the property. No claims of any kind shall be allowed after the property has been removed by the buyer.

Freight and Transportation: The Buyer is responsible for all freight, shipping and other costs related to transporting personal property from the posted auction location, including but not limited to any costs associated with certificates and/or permits required to move the purchased property within or across state, province and/or country borders. Buyers are advised to have all such certificates and permits issued and completed prior to transporting the purchased property; otherwise buyer may be subject to cleaning, permit, and/or other fees if the property is stopped and held at a Port of Entry to a state, province or country. Buyers may arrange transportation of property offered for sale on the Website through a third party, but AW Properties Global will not be liable for any acts or omissions arising from such third party transportation and claims no responsibility for the actions of any transportation provider. If the person picking up and removing purchased property from an auction location will be someone other than the registered bidder, the registered bidder must establish that person or company as an "Authorized Agent" by completing an "Agent Release Authorization" form. Buyers may not transport property until full payment (including any applicable sales tax and Buyer's Premium) has been received and posted to a secure payment account designated by AW Properties Global.

Constructive Receipt: Once Constructive Receipt has occurred for any auction property, remittance of proceeds to the seller may occur. Any dispute claims subsequently filed by the buyer are invalid. Constructive Receipt of the property occurs at the first occurrence of any of the following milestones (unless a dispute claim has been previously filed by the buyer), provided full payment has been received by AW Properties Global for the property:

  1. At the time buyer or buyer's Authorized Agent removes the item from the seller's location.
  2. At the time buyer or buyer's Authorized Agent begins disassembly of the property from its as-inspected configuration, including disassembly for transport.

12. DISCLAIMERS AND LIMITATIONS OF LIABILITY

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 AW PROPERTIES GLOBAL DISCLAIMS 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. AW Properties Global makes no representations or guarantees that the Services are compatible with your equipment or that the Services, or that any electronic communications sent by AW Properties Global or its affiliates, are error-free or will be free from loss, destruction, damage, corruption, attack, viruses, worms, or other harmful, invasive, or corrupted files, interference, hacking, or other security intrusion, and AW Properties Global disclaims any liability relating thereto. You have the responsibility for maintaining the confidentiality and security of your account registration information. You agree to notify us immediately of any unauthorized use of such information. AW Properties Global will not be responsible for any losses arising out of the unauthorized use of such information.

AW Properties Global makes no guarantees, representations, or warranties that the Services or information available through the Services will be accurate, reliable, complete, current, uninterrupted, or without errors. Some of the content, services, and information available through the Services may include materials that belong to third parties. You acknowledge and agree that AW Properties Global assumes no responsibility for such content, services, or information. Without prior notice, AW Properties Global may modify, suspend, or discontinue the Services or your use of the Services. If AW Properties Global elects to modify, suspend, or discontinue the Services, it will not be liable to you. The content of other websites, services, goods, or advertisements that may be linked to or from the Services is not maintained or controlled by AW Properties Global. AW Properties Global is therefore not responsible for the availability, content, or accuracy of other websites, services, or goods that may be linked to or from the Services. AW Properties Global does 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, express or implied, of any other websites, services, or goods, that may be linked to or from the Services.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL AW PROPERTIES GLOBAL AND ITS AFFILIATES AND SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF AW PROPERTIES GLOBAL HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICES OR ANY LINKS OR ITEMS ON THE SERVICES OR ANY PROVISION OF THE TOU. 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. NOTHWITHSTANDING ANYTHING TO THE CONTRARY IN THE TOU, TO THE EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF AUCTION.COM AND ITS AFFILIATES ARISING IN CONNECTION WITH THE TOU AND THE SERVICES FOR DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SERVICES.

12. INDEMNITY

You agree to indemnify, defend, and hold AW Properties Global and its 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 breach of the TOU, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; or (iii) any products or services purchased or obtained by you in connection with the Services. AW Properties Global reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which AW Properties Global is named as a defendant and/or for which you have indemnity obligations without the prior written consent of AW Properties Global. AW Properties Global will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

14. TERMINATION

  1. You may terminate this TOU with or without cause at any time by discontinuing your use of the Services.
  2. AW Properties Global may close your account, suspend your ability to use certain portions of the Services, and/or terminate your access to the Website and Services, in our sole discretion, at any time without notice and effective immediately. AW Properties Global may also request that you delete, destroy, or cease accessing certain content or information made available through the Services at any time in AW Properties Global's sole discretion.

15. GOVERNING LAW

This TOU will be governed by the laws of the State of Illinois. The exclusive jurisdiction for any claim, action or dispute with AW Properties Global or relating in any way to your use of the Services will be in the state and federal courts of the State of Illinois and the venue for the adjudication or disposition of any such claim, action or dispute will be in Cook County, Illinois.

16. GENERAL TERMS

  1. Force Majeure. No party shall be liable to the other for any default resulting from force majeure, which shall be deemed to include any circumstances beyond the reasonable control of the party or parties affected.
  2. Notices and Electronic Communications. We may provide you with notices, including those regarding changes to the TOU by email, regular mail, or communications though the Services. When you use the Services and when you communicate with us electronically, you consent to receive communications from us electronically. You agree that all notices, disclosures, and other communications that AW Properties Global provides to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.
  3. Remedies. If you breach or threaten to breach any provision of this TOU, in addition to terminating your right to use the Services, AW Properties Global shall be entitled to seek injunctive relief to enforce the provisions hereof, but nothing herein shall preclude AW Properties Global from pursuing any action or other remedy for breach or threatened breach of these TOU, all of which shall be cumulative. If AW Properties Global prevails in such action, AW Properties Global shall be entitled to recover from you all reasonable costs, expenses, and attorneys' fees incurred in connection therewith. AW Properties Global retains the right temporarily or permanently to block access to the Services if AW Properties Global, in its sole discretion, believes the Services have been or may be used for an improper purposes or in violation of these TOU.
  4. Third Party Links. The Website may include links to third party websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.
  5. United States Export Control & Foreign Assets Control Regulations. AW Properties Global does not represent that the materials in the Services are appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable 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.
  6. Miscellaneous. You acknowledge that this TOU, any other policies or terms incorporated herein, either in their entirety or by explicit reference, and any other terms and conditions on the Services, constitute the entire agreement between you and AW Properties Global and govern your use of the Services. If any provision of the TOU is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible by law, and the other provisions of the TOU will remain in force. AW Properties Global's failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision unless acknowledged and agreed by AW Properties Global in writing. You agree that AW Properties Global has the right to change the content or technical specifications of any aspect of the Services at any time in AW Properties Global' s sole discretion. You further agree that such changes may result in your being unable to access the Services. You may not assign the TOU or the rights hereunder without the prior written consent of AW Properties Global. AW Properties Global may assign the TOU and delegate certain of its responsibilities, obligations, and duties under or in connection with the TOU in its sole discretion.

17. QUESTIONS REGARDING THE SERVICES

If you have questions regarding the Services, you should contact AW Properties Global at info@awproperties.com or 847.509.2757.