The following terms of service (these "Terms of Service"), govern your access to and use of VULTURE AUCTION services, including any content, functionality and services offered on or through www.vultureauction.com (the "Site or website")
1. USAGE/ ELIGIBILITY
You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. If you violate any restrictions in these terms, you agree to indemnify VULTURE AUCTION for any losses, costs or damages, including reasonable legal fees, incurred by VULTURE AUCTION in relation to, or arising out of, such a breach.
2. ACCEPTANCE OF TERMS
In these Terms, “you” and “your” refer to the individual or entity that uses the Site, or Services. “We”, “us”, or “us” refer to VULTURE AUCTION. In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders and words in the singular include the plural and vice-versa.
3. ABOUT VULTURE AUCTION& SERVICES
VULTURE AUCTION has developed a one stop shop to bring buyers and sellers together with exciting real estate buying opportunities. Saving you time and making your real estate transactions more cost effective. Vulture Auction provides the luxury of bidding anytime, anywhere in the world via the internet, helping you list your home so you can motivate multiple buyers and drive competitive offers. Allowing you to keep complete control over how much you want to sell your house for and the final decision of whether you want to just sell your home or put it up for auction.
Who can sign up and use the services?
Buyers have the option to bid and purchase properties using Vulture Auction’s leading-edge, competitive bidding platform. Throughout your bidding process, Buyers will have access to property information, exclusive inventory, personalized property matches, onsite and online education, and customer support.
As the service we provide is only an intermediary platform for buyers and sellers to transact, we advise buyers to do their due diligence before completing a transaction as we would not be liable for any claim or damages that might erupt from such dealings.
Sellers can list and market their properties through Vulture Auction’s online bidding platform. Sellers will receive maximum listing exposure by leveraging digital and mobile technology (potentially in email, social media, paid advertising, syndicated sites and more).
How to use the service?
When you sign up to use the service, we have designed three steps on our website to enable use the service;
a. Find a Property
Search through thousands of properties for sale online and find your desired homes.
b. Make an Offer
Bid on a number of properties you desire to have that are up for auction on your fingertips.
c. Win the Auction
Make offers to win your desired properties
4. AUCTION EVENTS
Reserve Price. Except for Properties noted “Absolute Auction” or “Minimum Bid Auction”, all Properties in auction Events have a minimum selling price established by Seller (“Reserve Price”). The starting bid is not the Reserve Price. Except where prohibited by law, Vulture auction may counter bid on behalf of Seller on any Property up to the amount of the Reserve Price (and no such bid will result in a sale of the Property). Seller may accept a bid that is below the Reserve Price in its sole and absolute discretion. Regardless of the Reserve Price, Seller is under no obligation to sell a Property until the Purchase Documents have been signed by the Seller.
Minimum Bid Auction Events. Properties to be auctioned without a Reserve Price but with a minimum bid will be listed in a “Minimum Bid Auction” and will be sold to the highest bidder at or above the minimum bid amount.
Absolute Auction Events. Properties to be auctioned without a Reserve Price or minimum bid will be listed in an “Absolute Auction” and will be sold to the highest bidder.
Extension of Auction Time. In order to allow final bids to be properly input and processed during auction Events, Vulture auction may extend the time for bidding on any Property in its sole and absolute discretion to allow for additional bids.
Subject to Confirmation. Seller may designate certain Offers as “Subject to Confirmation” in its sole and absolute discretion, in which case Winning Buyer’s purchase is subject to, and contingent upon, Seller approving the purchase in its sole and absolute discretion within the time period set forth in the Purchase Documents. Winning Buyer will receive a refund of monies deposited if Seller chooses not to approve the purchase.
Auction Service Fee. The auction service fee shall be based on whatever subscription plan you choose as displayed on the website.
Sellers have the right to List their properties on the site. This can be done at the cost of our subscriptions and fees, such as Bronze, Silver, Gold, Platinum. The Listings you post shall appear on the sight 25 to 30 days prior to the start of bidding. This allows time for property research, inspections and time to get financing in order.
The day a property sells, and for that day only, we will post high bid results on our website under the “Today’s Auctioned Results” tab. You can find that tab on the right-hand side of the page. High bid results are only available for the day we are auctioning properties. The amount of the high bid is proprietary information between our buyers and sellers.
6. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS
The Website may provide links to external Internet sites. VULTURE AUCTION hereby declares explicitly that it has no influence on the layout or content of linked pages and dissociates itself expressly from all contents of all linked pages of third parties. VULTURE AUCTION shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites.
7. INTELLECTUAL PROPERTY
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
8. YOUR REPRESENTATIONS
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
9. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.
10. YOUR ACCOUNT
Users can access the site without creating an account, however, to enjoy the benefits of the service provided on the site, we would require you to create an account on the website. Your username and password will be chosen by you. You are responsible for all actions taken under your chosen username and password.
By creating an account on the Site, you warrant:
· That all the details you provide are true, accurate, current and complete in all respects;
· To only create one (1) account and to only use the Site using your own username and password;
· Not to disclose your password to anyone and to make every effort to keep your password safe;
· To change your password immediately upon discovering that your account has been compromised; and
· To notify us if you suspect someone has accessed your account without permission.
VULTURE AUCTION reserves the right to terminate your account and to suspend or terminate your access to the website immediately and without notice to you if:
· You breach these Terms;
· You are impersonating any other person or entity;
When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity; and/or
VULTURE AUCTION suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity in relation.
11. YOUR CONTENT AND SUBMISSIONS
You are solely responsible for all content that you post, publish, transmit, upload, distribute or otherwise make available or submit to or through the Services (collectively, “Submissions”). Your Submissions may be identified by your actual name and/or your username. You acknowledge that once published, you cannot withdraw such Submissions. Unless we indicate otherwise, you grant us, our subsidiaries, and affiliates a nonexclusive, transferrable, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display any Submissions throughout the world in any form.
Please review our Privacy Statement prior to making any Submissions. If you do not agree with our Privacy Statement, you may not make any Submissions.
- You will remain polite and civil to other users, even if you disagree with content that you come across through your use of the Services;
- Your Submissions will not be off topic or contain promotions of or solicitations for other products, services or fundraising activities;
- Your Submissions will not infringe or violate our rights or the rights of a third party;
- You will not impersonate anyone else, misrepresent your identity or affiliation, or make Submissions from fake or anonymous profiles;
- You agree that we are not liable for Submissions made by you or others;
- You agree that we have the right to remove or edit any content and any Submissions in our sole discretion;
- Your Submissions will not consist of any inappropriate content, including without limitation personal attacks, offensive remarks, obscenities or any language that we consider foul, vulgar or fraudulent;
- Your Submissions will not contain images of any person, unless you have received their permission, or the permission of their parent or guardian if the person is under the age of 18 or unable to provide consent for any reason;
- You will not share viruses or files that have the capability of causing damage to another’s computer;
- You agree that we have the right to delete, modify or remove any Submissions, at any time in our sole discretion and that you are solely responsible to backup any such content; and
- You agree that when you use the Services you do so at your own risk and that you understand that Submissions that you see may not be accurate. While we may monitor Submissions, we are under no obligation to do so.
12. REPORTING COPYRIGHT INFRINGEMENT
We have adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of our Services who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may provide VULTURE AUCTION with a written DMCA Notice of Alleged Infringement (“Notice”). You must do all of the following in your written Notice for it to be valid:
Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including (if the Content is on our website) the URL of the link shown on the website where such material may be found.
Include your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice (if these statements are untrue, you cannot submit the Notice):
“I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“The information in this Notice is accurate and, under penalty of perjury, I affirm that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Company’s Vulture auction at Jonathan@vultureinvestmentfirm.com. You can leave a message for us at (8334885887). To be valid, a Notice must be in writing and must follow the instructions above.
13. MODE OF PAYMENT
We accept the following forms of payment:
- Stripe Credit Card payments
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, billing/mailing address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to change pricing as set forth on the site.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless VULTURE AUCTION, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “VULTURE AUCTION Parties”), from and against all actual or alleged VULTURE AUCTION Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Services, (b) any Feedback you provide, (c) your violation of these Terms, (d) your violation of the rights of another, (e) any third party’s use or misuse of the Site or Services provided to you and (f) any User Content you create, post, share or store on or through the Site or our pages or feeds on third party social media platforms. You agree to promptly notify VULTURE AUCTION of any third-party Claims and cooperate with the VULTURE AUCTION Parties in defending such Claims. You further agree that the VULTURE AUCTION Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and VULTURE AUCTION.
15. PROHIBITED USES
You may not access or use the Site for any purpose other than that for which we make the available. The site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
· Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false presences.
· Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
· Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as (but not limited to) user passwords.
· Make improper use of our support services or submit false reports of abuse or misconduct.
· Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
· Interfere with, disrupt, or create an undue burden of the Site or the networks or services connected to the Site.
· Attempt to impersonate another user or person or use the username of another user.
· Use any information obtained from the Site in order to harass, abuse, or harm another person.
· Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
· Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
· Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
· Delete the copyright or other proprietary rights notice from any Content.
· Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any parties’ functions, operation, or maintenance of the Site.
· Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or pcms”).
· Except as may be the result of standard search engine or Internet browser usage, use launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
· Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
· Use the Site in a manner inconsistent with any applicable laws or regulations.
· Use content without proper attribution
· Use content in a fashion that does not comply with the content’s specific licensing
Your access to and use of the services and content provided on www.vultureauction.com are at YOUR OWN RISK. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, (VULTURE AUCTION ENTITIES are VULTURE AUCTION founders, officers, directors, employees, agents, representatives, and partners) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, and OR NON-INFRINGEMENT.
VULTURE AUCTION make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from VULTURE AUCTION or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the VULTURE AUCTION is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by VULTURE AUCTION of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VULTURE AUCTION SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF VULTURE AUCTION EXCEED ZERO DOLLARS (U.S. $0.00). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, AND TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT VULTURE AUCTION HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, and vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this Section may not apply to you.
If VULTURE AUCTION decides to change these general terms and conditions, we will post the changed terms and conditions on the Website. You are advised to regularly check whether they have changed. Existing contracts will not be affected by such changes.
18. GOVERNING LAW AND JURISDICTION
This general terms and conditions in relation to the use of www.vultureauction.com is hereby governed by, and constructed and enforced in accordance with the laws of Florida, US. The competent courts in Florida, US shall have the exclusive jurisdiction to resolve any dispute between you and VULTURE AUCTION.