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Terms & Conditions

  1. Your Acceptance of the Terms of Use and Privacy Policy

PLEASE READ!  These Terms of Use (the "Terms of Use") apply when you visit BidPointe.com (the “Site,” “we,” or “us”). By using the Site, you accept and agree to be bound and abide by these Terms of Use, as well as our Privacy Policy available at http://www.BidPointe.com . If you are representing a legal entity, you warrant that you have the authority to contractually bind such entity to these Terms of Use and Privacy Policy. If you do not have such authority or do not want to agree to these Terms of Use or Privacy Policy, you must exit the Site.

  1. Modifications

We may revise and update these Terms of Use from time to time in our sole discretion. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes.

  1. Neutral Venue

The Site is an online real estate auction for lender-foreclosed homes. We collect fees and commissions from users for this service. The Site, its features, functionality and design are owned by Olga Group LLC (the “Company”). The Company, its licensors, providers of content are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

The Site is a neutral venue, not affiliated with the sellers or buyers. we are Not An Auctioneer, there is no individual conducting an auction. we are not a party to any deals, interactions or arrangements between the site USERS. we do not verify the truth or accuracy of ALL information posted and have no control over user conduct. Therefore, we disclaim all liability arising out of or related to deals entered into through our site. We are not liable for any property damage, bodily injury or death of the Site user or any third party. Under no circumstances will the Site be liable for any amounts exceeding the collected service charge for the three months preceeding the time when the claim arose.

  1. Non-Circumvention

You, your employees, partners, agents, family members or other affiliated parties shall not attempt, without our prior written permission, to work directly with buyers or sellers listed on our Site in order to prevent us from collecting our fees and/or commission. We reserve the right to restrict or terminate your access to our Site for violation of this provision.

  1. Fees
    1. All bidders and sellers agree to pay, when applicable, the following transactional fees, the exact amount of which fees will be clearly stated at the applicable transaction levels.
      1. Listing Fee from $299 - $399 charged to seller for listing property on the Site.
      2. Bid Cancelation Fee charged to winning bidder for not completing transaction:
        1. $699 for listings under $500,000.
        2. $999 for listings between $500,000 - $1,000,000.
        3. $2,499 for listings over $1,000,000.
      3. Seller Cancelation Fee charged to seller for cancelling live auction:
        1. $699 for listings under $500,000.
        2. $999 for listings between $500,000 - $1,000,000.
        3. $2,499 for listings over $1,000,000.
      4. Technology Fee to cover our cost of providing the auction technology to you; this fee may be charged to both winning bidder and seller:
        1. $699 for transactions under $500,000.
        2. $999 for transactions between $500,000 - $1,000,000.
        3. $2,499 for transactions over $1,000,000.
      5. Miscellaneous fees charged for various services used: Video Tour Fee, Appraisal/Valuation Fee, Home Inspection Fee and similar fees for services.
    2. The following fees are charged to winning bidders only, in addition to all other applicable fees:
      1. Earnest Money Deposit, ranging from 1-8% of the winning bid or $500, whichever is more. The Earnest Money Deposit will not be refunded if you fail to perform on the purchase agreement.
      2. Buyer's Premium, ranging from 1% to 3% of the winning bid, depending on the value of the property.
  2. Escrow

Submitting a winning bid legally obligates you to follow the escrow procedures outlined in a property’s listing details. We are not affiliated with any escrow company and we do not hold any money for users.

  1. Bidding Process

Submitting a winning bid constitutes a legally binding contract and obligations to purchase the property on the terms stated in the listing and pay the amounts due.

All bids are final and cannot be withdrawn.

We reserve the right to terminate any account and prevent you from participating in future auctions for failure to perform on a contract resulting from a winning bid.

  1. Access and Security

By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and Site users. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement, any purchase agreements and any other real estate related agreements. If you do not have such authority, you agree to be held individually liable for all actions taken through your user ID.

You are responsible for making all arrangements necessary for you to have access to the Site and for ensuring that all persons who access the Site through your Internet connection are aware of these Terms of Use, and that they comply with them.

We reserve the right to revise, amend or terminate this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide to us is correct, current and complete.

You must treat your login credentials as confidential. You agree to immediately notify us of any unauthorized use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time for any reason or no reason without notice or explanation.

  1. Your Use of the Site
    1. You agree to:
      1. Access or use the Site only for services and information related to real estate.
      2. You agree not to use the Site for any illegal purpose. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our site, except to:
      3. Store copies of such materials temporarily in RAM.
      4. Store files that are automatically cached by your Web browser for display enhancement purposes.
      5. Print a reasonable number of pages of the Site for a permitted use.
    2. You must not:
      1. Modify or sublicense any material from the Site.
      2. Publish any material from the Site, except material which is expressly made available for redistribution (e.g. newsletters).
      3. Transmit, or procure the sending of, any advertising or promotional material, unsolicited mass communication without our prior written consent.
      4. Reproduce, duplicate or copy materials from the Site for a commercial purpose.
      5. Impersonate or attempt to impersonate the Company or a Company employee, another user, or person or entity (including, without limitation, the use of e-mail addresses or screen names associated with any of the foregoing).
      6. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
      7. Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability.
      8. Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
      9. Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
      10. Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
      11. Use any device, software or routine that interferes with the proper working of the Site.
      12. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
      13. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
      14. Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
      15. Otherwise attempt to interfere with the proper working of the Site.
  1. Site Content

You understand that all content, listings posted on, transmitted through, or linked from the Site, are the sole responsibility of the originator of such content. Content is provided through the Site “AS IS,” and you agree that the use of and reliance on any content is at your own risk, and that under no circumstances shall the Site be liable for any content or for any loss or damage of any kind incurred as a result of the use of any content made available.

  1. Company Trademarks

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates. You must not use such marks without the prior written permission of the Company. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

  1. Monitoring and Enforcement, Termination

We have the right to take any action with respect to any user that we deem necessary or appropriate in our sole discretion if we believe that such user violates the Terms of Use, infringes any intellectual property right or other right, threatens the personal safety of users of the Site and the public or could create liability for the Company. We may:

Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

Block violator’s IP address and/or notify his or her Internet Service Provider

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Site.

We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

  1. Linking to the Site

You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

You must not frame our Site on any other site.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

  1. Links from the Site

If the Site 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 Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

  1. Disclaimers

We cannot always verify the truth or accuracy of information obtained from users. This information is provided “AS IS” and we do not guarantee that the information provided on the Site is complete, accurate or up-to-date. Buyers must perform their own independent due diligence

We do not provide legal services or advice. Any advice given is based on our subjective experiences and provided for general educational purposes only. You agree to indemnify us against any claims, liabilities, damages, and expenses arising out of or related to such educational advice or to our interpretation of the information you provide to us.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Site 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.

YOUR USE OF THE SITE, ITS CONTENT AND ANY PROPERTIES, SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, INFORMATION AND ANY PROPERTIES, SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS,” “WHERE IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, INFORMATION OR ANY SERVICES OBTAINED THROUGH THE SITE 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 SITE OR ANY INFORMATION, SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

  1. Limitation of Liability

IN NO EVENT WILL THE COMPANY, 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 SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY PROPERTIES, SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from or relating to (i) your violation of these Terms of Use or your use of the Site, (ii) your fraudulent or malicious use of our services, (iii) your violation of applicable laws, rules or regulations in connection with our services, (iv) our use or interpretation of any information you provide to us; or (v) the disclosure of your relationship with us.

  1. Assignment

You may assign, in whole or in part, by operation of law or otherwise any of the rights and interests, but not any obligations, such as payment obligations, under the Terms of Use without our prior consent. We may transfer, assign or subcontract rights and obligations the rights, interests or obligations under the terms of Use in our sole discretion, without obtaining your consent.

  1. Governing Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their formation shall be governed by and construed in accordance with the internal laws of the State of Nevada.

Enforcement of these Terms of Use is solely in our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances.

  1. No Agency

The relationship between you and us is intended to be, and is to be construed as, that of independent contracting parties only and not that of employment, partnership, joint venture, agency or any other association whatsoever. Neither party will have the power to bind the other party or to incur any obligations on its behalf, without the other party’s prior consent.

  1. Severability

Should any part of these Terms of Use be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these terms of Use should not invalidate the remaining portions thereof, and they shall remain in full force and effect.

  1. Headings

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

  1. Arbitration and Waiver of Jury Trial

Any dispute, controversy or claim arising out of your use of this website shall, upon the request of any party involved, be submitted to and settled by binding arbitration in Las Vegas, Nevada, pursuant to the rules then in effect of the American Arbitration Association (or at any other place or under any other form of arbitration mutually acceptable to the parties so involved).  Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of the forum, State or Federal, having jurisdiction.  The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the cost of its own experts, evidence and counsel. This Section shall not prohibit any party from seeking injunctive relief from a court of competent jurisdiction in the event of a breach or prospective breach of this Agreement by the other party. Parties waive their right to sue in court and have a jury trial.

  1. Your Comments and Concerns

All feedback, comments, requests for technical support and other communications relating to the Site should be directed to contact@BidPointe.com.




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