Auction Bidder Agreement
Peoples Company of Indianola Bidding Software Application License Agreement for Auction Bidders
The Peoples Company of Indianola Bidding Software Application (“App”) is licensed, not sold, to you for use in placing bids at auctions where Peoples Company of Indianola (Auction Company) elects to accepts bids placed through the App. Auction Company is the exclusive owner of the App, retains all ownership rights to the App, and reserves all rights not expressly granted to you. The terms of this License Agreement will govern any software upgrades that replace and/or supplement the App, unless such upgrade is accompanied by a separate license agreement, in which case the terms of that license agreement will govern such upgrade. Subject to the terms and conditions of this License Agreement, you are granted a limited non-exclusive license to install and use the App on a mobile device owned or controlled by you. You may not rent, lease, lend, sell, redistribute or sublicense the App.
By using the App: (i) you acknowledge that you have read and understand all of the written terms, conditions, and disclaimers set forth herein; (ii) you agree to all such terms, conditions, and disclaimers; (iii) you acknowledge that you have read and understand all of the written terms, conditions, and disclaimers of the Auction Company that is responsible for the auction in which you are bidding (such terms, conditions, and disclaimers are not set forth herein and must be obtained from the auction company); (iv) you agree to all of the terms, conditions, and disclaimers of the Auction Company for the specific auction in which you are placing a bid; and (v) you acknowledge and understand that your participation in the auction, if any, is done at your own risk.
Auction Company, nor any of its employees, officers, directors, agents, or the auctioneer is your employee, agent, representative, or contractor with respect to any auction in which you may participate. Auction Company is providing an internet-based service through the App that enables you to place a bid with an auctioneer at a live or online auction. The auctioneer for any given auction is retained by Auction Company to conduct that given auction.
To submit a bid on the App, you must first register with the Auction Company for the purpose of verifying your identity and ability to submit a valid bid. Registration with the Auction Company will require the submission of certain information personal to you, including: (i) your name or the name of your business entity or other organization; (ii) an email address; (iii) a phone number; (iv) a valid mailing address; and if you are an individual, (v) a valid form of government issued identification. By submitting the required information for registration to submit a bid on the App, you hereby acknowledge and affirm that you submit the information voluntarily. Any personal information you provide to the Auction Company will be treated by Auction Company as confidential and shared only within the Auction Company and its affiliates. By using the App, you agree that we may send you promotional emails, marketing materials and add you to Auction Company (and its affiliates’) mailing lists. If you would like to discontinue receiving such communications, you can opt out of receiving promotional emails by using the “unsubscribe” feature on such emails. If you choose to be removed from our mailing list, please contact us by email at info@PeoplesCompany.com. Auction Company will not disclose any personal information you provide to any third party except under any regulatory or legal proceedings. In case such disclosure is required to be made by law or any regulatory authority, it will be made on a ‘need-to- know’ basis, unless otherwise instructed by the regulatory authority. Under such circumstances, the Auction Company shall expressly inform the third party regarding the confidential nature of the information.
Any bid that you place through the App in an auction is a legally binding offer to purchase the real or personal property being auctioned. Your bid (i.e., offer) may be accepted by the auctioneer, in which case a legally binding agreement will be in place between you and Auction Company. The terms, conditions, and disclaimers of Auction Company for that specific auction will be part of the foregoing agreement. All bids shall be deemed pending unless and until duly accepted by the auctioneer.
The auctioneer has the sole and absolute discretion to advance the bidding, including the discretion to reject any bid which the auctioneer believes does not advance the auction and/or is injurious to the auction. Bids that may be rejected include, without limitation, bids that appear to the auctioneer to be nominal, suspicious and/or suspect. No bid shall be deemed a valid bid unless and until accepted by the auctioneer. All bids are accepted at the sole discretion of the auctioneer. For any given auction, the successful bidder is deemed the bidder that places the bid that is accepted by the auctioneer. The auctioneer shall have sole discretion in deciding the successful bidder in the event of a bidding dispute. The auctioneer’s determination of the successful bidder shall be the final determination of the successful bidder.
If you are the successful bidder, you agree to pay the amount of your bid, all applicable taxes set by law, and any commissions, premiums, and other expenses that are set forth in the "Auction Company’s" terms and conditions, including any terms and conditions that may be orally announced by the auctioneer at the auction. You agree to indemnify and hold Auction Company harmless from and against any and all costs, expenses, losses, and damages (collectively "damages"), including without limitation reasonable attorney’s fees, that Auction Company may incur with respect to your failure to pay all amounts that you are legally required to pay as the successful bidder.
All sales are final upon the determination of the successful bidder by the auctioneer. If auctioneer determines that you are the successful bidder, unless otherwise expressly provided in the Auction Company’s terms and conditions for the auction, you shall immediately enter into a Real Estate Sale and Purchase Agreement and deposit any required earnest money payment. The Real Estate Sale and Purchase Agreement shall supersede the Auction Company’s terms and conditions for the auction.
Unless otherwise expressly provided by Auction Company in the terms and conditions for the auction, all property is auctioned and sold in its "as-is" condition on the day of the auction. It is the responsibility of the bidder and their tax, legal, and/or other advisors to perform their own investigation of the property to be purchased at auction and to determine the nature, condition, and state of title of the property.
Unless otherwise expressly provided by Auction Company in the terms and conditions for the auction, all property is auctioned and sold where it is located on the day of the auction (i.e., "where-is"). There shall be no returns or exchanges of real property except as may be expressly permitted in writing by Auction Company under its terms and conditions for the given auction. DISCLAIMER OF WARRANTIES:
You agree that neither the Seller nor the Auction Company make any representations or warranties of any kind whatsoever, expressed or implied, to the you as to the value, condition or fitness of real property, environmental or otherwise, or any part thereof or improvements thereon. All descriptions, measurements and acreage provided by the Seller and the Auctioneer, EITHER AT THE AUCTION OR IN RELATED PROMOTIONAL MATERIALS, are NONBINDING AND INFORMATIONAL IN NATURE AND to be used as a guide only. You acknowledge and agree that it is your sole responsibility to make such legal, factual and other inquiries, inspections and investigations as you consider necessary prior to bidding, and you hereby warrant and represent that you have conducted a reasonable investigation and are satisfied as to the location and condition of the real property, and all property boundaries, descriptions with respect thereto, prior to bidding, and that you have had the opportunity to do so.
You may be entitled to warranties, conditions, and terms that may not be excluded or limited by Auction Company under applicable law. EXCEPT FOR WARRANTIES, CONDITIONS, AND TERMS THAT Auction Company MAY NOT EXCLUDE UNDER APPLICABLE LAW, THE APP IS MADE AVAILABLE “AS IS.” EXCEPT FOR THOSE NON-EXCLUDABLE WARRANTIES, CONDITIONS, AND TERMS, Auction Company MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING PERFORMANCE, RESULTS, SECURITY, NONINFRINGEMENT, MERCHANTABILITY, INTEGRATION, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME STATES. YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. Auction Company DOES NOT SEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW.
LIMITATION OF LIABILITIES: You may be entitled to remedies that may not be excluded or limited by Auction Company under applicable law. EXCEPT FOR ANY REMEDIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, Auction Company WILL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS OR COSTS INCLUDING ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF A REPRESENTATIVE OF Auction Company HAS BEEN ADVISED BY YOU OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS. IN ANY EVENT, THE LIABILITY OF Auction Company IN CONNECTION WITH YOUR USE OF THE APP IS LIMITED TO THE GREATER AMOUNT OF (I) THE AMOUNT, IF ANY, PAID BY YOU TO Auction Company FOR THE APP, OR (II) TEN DOLLARS ($10.00).
Auction Company does not provide support services for the App. Neither Auction Company nor the auctioneer shall be held responsible for a missed bid or the failure of the App to function properly for any reason. You understand and voluntarily accept that the App involves multiple and complex systems of electronic and technical nature as well as the services of other service providers, vendors, utilities and third parties. You acknowledge that the App may not be operational at any given time for various reasons, including repairs, maintenance, upgrades to the App, and many causes that are not within the control of the Auction Company or the auctioneer, including without limitation power failures, viruses, failure, error, delay, defects in third-party equipment or services, and acts of God, or the like. In the event that the App fails to properly operate for any reason during any auction, thus preventing you from placing a bid, you acknowledge and agree that you are subject to the limitation of liabilities set forth above. You understand and voluntarily accept that you shall under no circumstances have any kind of claim against Peoples Company or its affiliates if the internet service fails to work correctly before or during the auction.
The disclaimer of warranties and limitations of warranties set forth above, including all exclusions and limitations set forth therein, will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. The terms, conditions, and disclaimers set forth herein shall be governed by the laws of the State of Iowa. In the event that redress to a court of law is necessary to resolve any dispute that arises between you and Auction Company concerning these Terms of Use or your use of the App, then the proceedings shall be initiated in one of the following courts that has appropriate subject matter jurisdiction: the General District Court of Polk County, Iowa; or the United States District Court for the Southern District of Iowa. With respect to any proceedings that are appropriately brought in one of the foregoing courts, you agree that the court shall have exclusive jurisdiction and venue to adjudicate the dispute. You consent to venue and jurisdiction and waive all questions and defenses of personal jurisdiction, improper venue, or forum non conveniens for the purpose of any proceedings brought to resolve a dispute described in this section.
The non-exclusive license granted to you in this Licensing Agreement is effective until terminated. Your rights under this License Agreement will terminate automatically or otherwise cease to be effective without notice from Auction Company if you fail to comply with any term(s) of this License Agreement. Upon the termination of this License Agreement, you shall cease all use of the App and destroy all copies, full or partial, of the App.
