Before registering to the Rogers & Crawford Real Estate Auctions LLC auction and classified Website, you must agree to all terms and conditions listed below.

Please see our Pricing and Privacy statements.

Note: Auctions and Classifieds are now FREE!

Using the Rogers & Crawford Real Estate Auctions LLC Website(s) and the services we offer constitutes your clear understanding and acceptance of all terms and conditions stated in the below User Agreement.

Rogers & Crawford Real Estate Auctions LLC reserves the right to change or amend this agreement at any time. Changes or Amendments will be posted to our site and considered effective 30 days from the date they are posted to the site. If you do not agree to such changes, you may request that we close your account by contacting us.

All questions regarding this User Agreement should be sent via email to administrator@rogersandcrawford.com.

Right to Access and Use

Your right to access and use the online and classified website at http://auctions.rogersandcrawford.com or our informational auction website at www.rogersandcrawford.com (“Website/Websites”) is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Websites for lawful purposes and pursuant to the Terms and Conditions (the "Terms and Conditions") of this User Agreement. Your access and use of the Websites may be interrupted from time to time for any of several reasons, including, but not limited to, the malfunction of Rogers & Crawford Real Estate Auctions LLC’s equipment (or rented/leased equipment), periodic updating, maintenance or repair activities that Rogers & Crawford Real Estate Auctions LLC may undertake from time to time, or other actions that Rogers & Crawford Real Estate Auctions LLC, in its sole discretion, may elect to take. Rogers & Crawford Real Estate Auctions LLC reserves the right to suspend or discontinue the availability of the Websites and/or any of its listings and/or features for access and use at any time in its sole discretion and without prior notice to you.

User/Service Agreement

The Website and the services ("Service" or "Services") of this Website are provided by Rogers & Crawford Real Estate Auctions LLC (the "Facilitator"). The Website and the use of the Website and its Services are governed by these Terms and Conditions (the "Terms and Conditions"). By accessing or using the Website or the Services, or by registering as a Buyer or Seller ("Buyer," “Seller,” or "User"), you agree that (1) you have read, familiarized yourself, and are comfortable with the Terms and Conditions, (2) you clearly understand the Terms and Conditions, and (3) your access and use of the Website and Services will be in accordance with the Terms and Conditions. If you do not agree to the Terms and Conditions, you are not allowed to access or use the Website or Services. The Terms and Conditions, together with any additional terms and conditions specific to a particular auction (incorporated herein by reference), constitute the entire agreement (the "Agreement") between Facilitator and User regarding its subject matter and supersede and replace any and all prior or contemporaneous agreements between the parties regarding such subject matter.

Role of the Facilitator

The Facilitator provides the Website and Services solely as a forum or venue in which qualified sellers of real estate, and possibly other assets ("Sellers"), may offer assets for sale and Buyers may place offers (or bids) to purchase these assets. Although the Facilitator may provide escrow and other ancillary services from time-to-time, the Facilitator is neither a principal interested in the transactions, nor an agent of the Buyer. The Facilitator does not make, and should not be construed as having made, any representation or warranty of any kind concerning any of the offered assets or offerings, including without limitation any representation or warranty regarding the quality, safety or legality of the offered assets, or the truth or accuracy of any offerings. Additionally, the Facilitator makes no representation or warranty of any kind as to the ability of either Buyer or Seller to complete a sale in accordance with these Terms and Conditions or otherwise, and in accordance with any additional terms and conditions specific to a particular auction. The Facilitator does not have the power to transfer title to any assets offered by Sellers.

Keep in mind that while the Facilitator is commonly referred to as an online auction website, the Facilitator is not a traditional "auctioneer" when it comes to how Sellers and Buyers use the Website and the Services – unless a Seller specifically enters into a written exclusive real estate auction/listing agreement with the Facilitator for traditional auctioneer/broker/realtor® services (which include fiduciary responsibilities among other things).

Through its Website, the Facilitator is not involved in the actual transaction between Buyers and Sellers and, as a result, has no control over the quality, safety or legality of the properties advertised, the truth or accuracy of the postings, the ability of Sellers to sell items or the ability of Buyers to buy items. The Facilitator cannot ensure that a Buyer or Seller will actually complete a transaction.

However, the Facilitator’s auction-format is designed to more directly result in the sale of the property to the highest bidder. In this format (known as a “Binding” Auction), Users are asked not to bid unless they intend to complete the purchase of the listed property, subject to customary due diligence and contingencies. While the Facilitator cannot guarantee consummation of the sale to either the Seller or a potential Buyer, our rules require the Seller and the final selected Buyer to follow through in good faith. A User's disregard of the required good faith intent can result in negative feedback through the Facilitator’s User Feedback community. "Binding" auctions are not universally available.

At the close of the Website auction, where only “Non-Binding” Auctions are allowed, the Seller is expected to contact the high bidder to discuss entering into a contract for the real estate property. Neither party is obligated to complete the transaction. Non-Binding Auctions are used in cases where the "binding" auction format is unavailable due to legal or other restrictions.

The Facilitator retains sole discretion to remove any User who does not comply with the Terms and Conditions. However, Buyers are solely responsible for independently verifying the background of those Sellers with whom they enter into, or with whom they prospectively will enter into, a bid transaction. In the event of any dispute regarding any transaction conducted through use of the Website or the Services (a "Dispute"), User hereby releases the Facilitator, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns (the "Released Parties"), and each of the foregoing, from any and all manner of action, claim or cause of action or suit, at law or in equity, and from any and all losses, damages, costs or expenses, including without limitation court costs and attorneys' fees, which User may have against the Released Parties, or any of them, known or unknown, disclosed or undisclosed, which arise out of or relate in any way to a Dispute. If User is a California resident, User waives California Civil Code §1542 which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Listing Fee

In connection with a listed auction property, Facilitator may charge each Seller a Listing Fee of up to One Thousand Five Hundred Dollars ($1,500) for each property listed on the Website, or some other amount, at the Facilitator’s sole discretion.

A fee charged to the Seller for approving and posting a property auction listing on the Website. The Seller is required to pay this fee before any auction is approved and posted online.

Buyer's Premium

In connection with a listed auction, Facilitator may charge each Buyer a nonrefundable Buyer's Premium of up to Ten Percent (10%) of the winning bid price ("Buyer's Premium") upon the completion of a successful transaction, or some other amount, at the Facilitator’s sole discretion. For more details regarding whether a Buyer's Premium applies to a particular auction, and to what extent, including the amount of such Buyer's Premium, please view the appropriate auction terms on the Website. Any purchase offer (bid) that you make on the Website indicates your express agreement to pay all amounts due, including any applicable Buyer's Premium. The Buyer understands and accepts that the Buyer’s Premium is a condition of the sale, and that the Buyer’s Premium should NOT be considered any type of escrow deposit for the property.

Buyer’s Premium Deposit

When a Buyer is the successful winning bidder of a Website auction, the Buyer will be required to pay a Buyer’s Premium Deposit at the close of the auction. The Facilitator may charge up to One Thousand Five Hundred Dollars ($1,500), or some other amount, at the Facilitator’s sole discretion. The Buyer understands and agrees that this deposit is non-refundable, unless unlawful activity associated with the sale of the property has taken place, and the property cannot close as a result of this unlawful activity. Regardless, the Buyer’s Premium Deposit should NOT be considered any type of escrow deposit for the property. (The Seller and Buyer will likely negotiate a separate escrow deposit amount for the property, as part of the Real Estate Sales and Purchase Agreement.)

The Buyer’s Premium Deposit will be counted as part of the total Buyer’s Premium owed to the Facilitator at closing, and applied as part of the final Buyer’s Premium owed at closing. The deposit will be placed in an interest-bearing trust banking account, owned by the Facilitator, until after the closing is completed. All monetary interest realized from these funds is the sole property of the Facilitator.

Classified Listings

The Facilitator offers Sellers the option of advertising their property in a "Classified Listing" format rather than an Auction Listing format. When the ad format is used, no auction takes place. The Facilitator may charge up to Fifty Dollars ($50) per listing, per month, or some other amount, at the Facilitator’s sole discretion. The Facilitator may change pricing and terms for Classified Listings at any time, for any amount and/or timeframe, at the Facilitator’s sole discretion.

License Information and Traditional Realtor Services/Fees

The Facilitator does not purport to broker transactions, although it holds a Florida Realtor®/Auctioneer license.

A Seller more comfortable in having a Realtor®/Auctioneer handle a transaction may enter into an exclusive listing agreement with the Facilitator for traditional Realtor®/Auction services. This written agreement will be fully disclosed to Buyers in writing in all online auction terms. In connection with a listed auction, the Facilitator may charge the Seller a Listing Commission of up to Ten Percent (10%) of the winning bid price ("Buyer's Premium") upon the completion of a successful transaction, or some other amount, at the Facilitator’s sole discretion.

Privacy Policy

The terms of the Facilitator’s Privacy Policy are incorporated by reference into these Terms and Conditions. User should review the Facilitator’s Privacy Policy periodically, which can be found on the Website at http://www.rogersandcrawford.com/PrivacyPolicy.htm.

Auction Listings and Classified Listings allow Users to email questions or comments, or send feedback, to other Users. This User Agreement requires all Users to treat this information exchange, including any contact information shared, in full compliance with the Facilitator’s Privacy Policy. This policy prohibits sharing the Buyer's information with third parties, as well as use of the Buyer's information for any purpose other than communicating with the Buyer about the information and services referenced in the Listing description, unless expressly permitted to do so by the Buyer. Failure to comply with this policy can result in the User's suspension or expulsion from the Website community.

Changes to Website and/or Services

User acknowledges and agrees that the Facilitator may change, modify, amend, suspend or discontinue any aspect of the Website or the Services, at any time, without notice and without liability to User or to any third party. The Facilitator reserves the right to impose limits on certain features of the Website or the Services, at any time, without notice and without liability to User or to any third party.

Registration

The Website and the Services are only available to persons with the legal capacity to enter into this Agreement. If you are under the age of 18 and plan to bid for a property on the Website, you must have your parent or legal guardian register, place the bid, and/or purchase the item. The Facilitator may, at its sole and absolute discretion, refuse to accept a person's (or entity's) registration, and may, at any time after accepting registration, refuse to permit a person's (or entity's) continuing use of the Services and the Website. Also, if the Facilitator determines that any user is under the age of 18, and this User has bid on property, then that User’s bid will be thrown out immediately, and the auction will be reposted at the Facilitator’s sole discretion.

Password and Security

You, the User, are solely accountable for preserving the confidentiality of your User name and User password. As your User name and User password allow access to your account, which includes your credit card numbers, you are encouraged NOT to disclose it to anyone. Any and all bids and/or transactions that take place using your User name and User password are your sole responsibility, and you are obligated to complete those transactions, regardless of whether such transactions are authorized or unauthorized. Furthermore, User agrees to notify the Facilitator in writing immediately (by fax 813-891-9490 or by email at administrator@rogersandcrawford.com), of any unauthorized use of your User name or User password.

User Information

During the registration process, User will give information to the Facilitator and to other Users during the course of the use of the Website and the Services (the "User Information"). Additional information, which may be beyond the basic registration information, may be requested as a qualification requirement to bid on certain properties. User agrees to provide such information or Facilitator may not allow User to bid these properties. User agrees and warrants: (1) that all User Information is accurate and complete at the time of registration, and (2) that User information will be continuously updated such that the User Information shall at all times be current, accurate, and complete. User grants to the Facilitator a non-exclusive, worldwide, perpetual, royalty-free and irrevocable license to use the User Information, including any associated copyrights, trademarks, or other intellectual property or proprietary rights User may have in the User information, for any purposes in connection with the Website and the Services, subject to the terms of the Facilitator’s Privacy Policy.

Content and Use of Content

The Facilitator is not responsible for the quality, accuracy, reliability, legality or completeness of any content offered or shared, either verbally or in writing, or posted to the Website, by the Seller. Buyer is solely accountable for verifying the quality, accuracy, reliability, legality and competitiveness of all Seller-provided content, including any Seller Information. As a Buyer, you are encouraged to inspect all properties and assets prior to placing any bid(s).

If you transmit, submit or post information to the Website (including, without limitation, your name, contact phone number, property location, style, features, selling price and description, and any pictures and virtual tours of your property), you automatically grant the Facilitator the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content. The Facilitator may, in its sole discretion, edit, refuse to post or remove any information you transmit, submit or post to the Website.

Without the prior written consent of the Facilitator, you may only print, download or otherwise use the Content in the form of: (1) one machine-readable copy; (2) one backup copy; and (3) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content. You may not modify the Content or utilize it for any commercial purpose or any other public display, performance, sale or rental. You may not decompile, reverse engineer or disassemble the Content in any way. You may not use the Content to contact or otherwise solicit property buyers or sellers in any way, except to contact the seller of a property with regard to purchasing that property.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content as permitted by this User Agreement, is permitted by any User without the express prior written permission of the Facilitator, which permission may be withheld in the Facilitator’s sole discretion.

User Conduct

User represents, warrants and covenants that its use of the Website and the Services shall not:
a. Violate any applicable local, state, national or international law, statute, ordinance, rule or regulation. Without limiting the foregoing, User represents, warrants and covenants that it will not sell or buy any assets that may not be lawfully offered for sale or purchase in the United States and that User will not export from the United States any asset in violation of U.S. law;
b. Impersonate any other person or entity, or make any misrepresentation as to User's employment by or affiliation with any other person or entity;
c. Forge headers or in any manner manipulate identifiers in order to disguise the origin of any User Information;
d. Upload, post, transmit, publish, or distribute any material or information for which User does not have all necessary rights and licenses, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
e. Interfere with or disrupt the use of the Website or the Services by any other User, nor "stalk," threaten, or in any manner harass another User;
f. Upload, post, transmit, publish, or distribute any unauthorized or unsolicited advertising, solicitations, offers for the sale of services, unsolicited communications, or offers for any "investment opportunities" (except as may be permitted by the use of the Website or the Services as provided for herein);
g. Upload, post, transmit, publish, or distribute any material or information which contains a computer virus, worm, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Website, the Services, or that of other computer systems;
h. Use the Website or the Services in such a way as to gain unauthorized entry or access to the computer systems of others;
i. Upload, post, transmit, publish or distribute any material or information which constitutes or encourages conduct that would constitute a criminal offense, give rise to other liability, or otherwise violate applicable law;
j. Upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable; or
k. Reproduce, copy, modify, sell, distribute or otherwise exploit for any commercial purposes the Website or the Services, or any component thereof (including, but not limited to any materials or information accessible through the Website).
Buyer Conduct
In addition to those other obligations set forth herein, Buyer acknowledges and agrees that by placing a bid on an asset, Buyer represents, warrants and covenants (1) that it shall not misrepresent its ability to close the transaction pursuant to the terms and conditions of sale, and in accordance with the Terms and Conditions, (2) that it has the capacity to close the transaction, and (3) that it has actual authority to enter a bid, and to enter into an agreement to purchase the asset and (4) that any bid that it makes on an item constitutes an irrevocable offer to buy the item for the full amount of the bid. (5) If Buyer does not complete any transaction in which Buyer is the winning bidder, then Buyer shall immediately forfeit and bid deposit(s). Additionally Buyer acknowledges and agrees that it shall be responsible for the payment of all amounts owed for a winning bid including but not limited to applicable taxes and Buyer’s Premiums.

Withdrawal of Auction/Auction Assets

User acknowledges and agrees that asset(s)/property(ies) listed in any auction may be withdrawn or sold prior to the end of the designated auction period, and/or that the auction may be discontinued, either temporarily or permanently, all without notice to User.

Termination

The Facilitator expressly reserves the right to terminate the use of, or to refuse to permit the use of, the Website and the Services by any person or entity, at the sole and absolute discretion of The Facilitator, for any reason or for no reason.

Price Manipulation/Bid Rigging

Collusion between Users or any form of price manipulation or bid rigging is strictly prohibited. In most states these actions are felonies, and involvement across state lines is considered Federal felonies which are actively being investigated.

Taxes

The Facilitator is not responsible for the calculation of any taxes or the reporting or remittance of any taxes to any taxing authority. User expressly agrees and warrants that it shall comply with any and all applicable laws and regulations, including without limitation, those with respect to taxes. Users agree to defend, indemnify, and hold harmless The Facilitator from and against any and all damages, penalties, costs and expenses incurred by or imposed upon The Facilitator resulting from any failure by User to comply with applicable tax laws.

No Relationship

Neither the User nor the Facilitator is an agent, representative, broker, employee, or partner of the other party. This Agreement shall not be interpreted or construed to create an association, joint venture, agency, franchise or partnership between the parties or to impose any partnership obligation or liability upon either party. Any agency relationship requires a separate written agreement and expressly agreed to by both the User and the Facilitator.

Interest-Bearing Escrow/Trust Accounts

Any funds received by the Facilitator from any User will be deposited into an interest-bearing escrow or trust banking account. This account will be solely owned and operated by the Facilitator, and all monetary interest realized from such deposited funds shall be the sole property of the Facilitator.

Links to Third Parties

The Services and the Website may provide links to the Websites or services of others ("Third-Party Sites"). Links to such Third-Party Sites do not constitute an endorsement by The Facilitator of such Sites, or the products, content, materials or information presented or made available by such Sites. User acknowledges and agrees that The Facilitator is not responsible for any damages or losses caused or alleged to have been caused by the use of any Third-Party Sites, or from the products, content, material or information presented by or available through such Sites.

Downloading Information/Material

User hereby releases The Facilitator, its affiliates and subsidiaries, and their respective directors, officers, managing members, employees, agents, shareholders, co-branders, partners, successors and assigns from any and all actual or alleged damages which may result from User downloading any information or materials from the Website.

Remedies

User acknowledges that the Facilitator may be irreparably damaged if this User Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, the Facilitator shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this User Agreement.

For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Hillsborough County, Florida. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

Governing Law

This Agreement is to be governed and construed in accordance with the internal laws of the State of Florida, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by a User, shall first go through mediation, with the help of a mutually agreed-upon mediator in Hillsborough County, Florida. Each party will share any costs and fees equally, other than attorney fees associated with the mediation.
If a mutually satisfactory solution cannot be reached through mediation, the User and the Facilitator agree to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Hillsborough County, Florida. The arbitrator shall be selected by the User and the Facilitator, and if the User and the Facilitator are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the arbitrator shall be selected by the American Arbitration Association.

Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon the User and the Facilitator and the User’s and the Facilitator's respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either the User or the Facilitator be entitled to punitive damages and both the User and the Facilitator hereby waive User’s and Facilitator's respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.

Indemnification

User will defend, indemnify and hold harmless The Facilitator, its affiliates and subsidiaries, and their respective directors, officers, managing members, employees, agents, shareholders, co-branders, partners, successors and assigns (collectively, "Indemnified Parties"), from and against any claim, loss, damage, liabilities, judgments, fees and expenses related thereto (including, without limitation, reasonable attorney's fees) incurred by any of the Indemnified Parties arising from or related to: (1) the use of the Website or the Services by User; (2) any breach or violation of these Terms and Conditions by User; (3) any breach of any of User's representations, warranties and covenants; (4) any claims arising out of or related to the goods or services sold through the Website; or (5) any claims arising out of or related to Buyer’s and/or Seller’s non-performance of its obligations, including but not limited to the obligation to complete transactions and to pay all amounts owed.

Disclaimer of Warranties

THE SERVICES AND THE WEBSITE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES OR THE WEBSITE, ARE PROVIDED ON AN "AS IS", "WHERE IS", "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FACILITATOR DOES NOT WARRANT THAT THE SERVICES OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN OR IN THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE, PRODUCTS OR OTHER MATERIALS USED IN CONNECTION WITH THE SERVICES OR THE WEBSITE, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. THE FACILITATOR MAKES NO WARRANTY THAT THE WEBSITE OR THE SERVICES WILL MEET USERS' REQUIREMENTS, AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT BY POSTING AN ASSET ON THE WEBSITE OR THE SERVICES, THE POSTED ASSET WILL BE SOLD. IF USER IS DISSATISFIED WITH THE SERVICES OF THE WEBSITE, USER'S SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES OF THE WEBSITE. THE FACILITATOR MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE WEBSITE, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OF THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM THE FACILITATOR OR THROUGH THE SERVICES OF THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE FACILITATOR EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER.

Limitation of Liability

IN NO EVENT SHALL THE FACILITATOR BE LIABLE FOR ANY DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, LOST GOODWILL, OR LOST SALES. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE FACILITATOR TO A USER FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR THE USE OF THE SERVICES OR THE WEBSITE EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100.00).
THE FOREGOING LIMITATION SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

Your Compliance With Fair Housing Regulations

When a User accesses and uses the Website and the Services, User agrees to abide by applicable federal and state housing regulations with regard to User’s access and use of the Website and the Services. User agrees that by or through User’s access and use of the Website and the Services, User shall not discriminate in the sale or financing of a property on the basis of race, color, religion, sex, disability, familial status or national origin. The Facilitator reserves the right to refuse to list or post, or to edit, information submitted by any User that discriminates on the basis of race, color, religion, sex, disability, familial status or national origin.

Pursuant to the Facilitator’s Privacy Policy for the Website and the Services, located at http://www.rogersandcrawford.com/PrivacyPolicy.htm, the Facilitator may report you to the U.S Department of Housing and Urban Development or other appropriate authorities if you submit or post, or attempt to submit or post, information that that discriminates in the sale or financing of your property on the basis of race, color, religion, sex, disability, familial status or national origin.

Professional Assistance

The purchase and sale of real estate is a complicated matter that is governed by laws, practices and customs that vary significantly from locality to locality. Sellers are advised that many jurisdictions require that you provide a disclosure statement to all prospective Buyers regarding the condition of your property. In addition, under U.S. federal law, Sellers have an obligation to disclose information on lead-based paint hazards. You are strongly advised to seek the help of a licensed real estate professional and/or a real estate attorney, as needed, to help you in the negotiation and sale of any real estate.

You may also wish to visit the Web site of the Association of Real Estate License Law Officials, which offers a search tool providing access to a database of information about the current license or registration status of real estate licensees.

The Facilitator fully discloses that it has a Florida Realtor® Agent license, under Frank DaCruz and First Florida Realty of Tampa Bay, and currently offers traditional services within the state of Florida. The Facilitator also fully discloses that it has a Florida Auctioneer license as well.

Real Estate Licensees

Sellers who are licensed as an agent, broker, or other licensed real estate professional must ensure that their item description conforms to all laws and regulations applicable to online advertising of properties by such licensees. These requirements may include, among other things, disclosure of the licensee's name, any firm with which the licensee is affiliated, office location, and the jurisdiction(s) where the licensee is licensed.

Facilitator’s Role as a Venue Provider / Broker Relationship (Agency) Disclosure

The role of the Facilitator in the sale of properties is limited to publishing advertising provided by Sellers and providing a venue for communications about a property. The Facilitator is not responsible for, and does not engage in, brokering, selling, purchasing, exchanging, or leasing posted properties or providing a "multiple listing service" as that term is traditionally used. The Facilitator does not counsel Sellers or Buyers, show properties, negotiate sales contracts, or hold a position of trust and confidence, whether or not in connection with Website – unless specifically hired to do so by a Seller, which will be fully disclosed in the terms of the posted auction.
Accordingly, no brokerage relationship or any agency or fiduciary relationship is intended to be or shall be deemed to have been created between The Facilitator and any Seller or Buyer of real estate. The Facilitator makes no representations about properties advertised on it online real estate website, about the Sellers of such properties, about the accuracy of information provided by such Sellers, or about the financial capabilities of prospective Buyers. Prospective Buyers are advised to perform all due diligence before entering into a contract to purchase property, and, as emphasized above, all parties are encouraged to seek the help of a licensed real estate professional and real estate attorney, as needed.

Amendment of Terms and Conditions:

The Facilitator, at the Facilitator’s sole discretion, may amend any or all of the Terms and Conditions (including fees and transaction rules) at any time, without notice. The Website will include any and all amendments of the Terms and Conditions, and the User should periodically review the Terms and Conditions available on the Website. Use of the Website and Services constitutes the User’s acceptance of the Terms and Conditions, including any amendments thereto. The Terms and Conditions were last revised on December 6, 2005.

Notices

Notices shall be given:

To The Facilitator: By email at administrator@rogersandcrawford.com and by certified mail, return receipt requested, to: Rogers & Crawford Real Estate Auctions LLC, Attention Legal Notices, 12157 W. Linebaugh Ave. #397, Tampa, FL 33626 or to such other address as may be designated from time to time.

To the User: By email at the email address as reflected in User's registration information.
Notices to User shall be deemed to have been received twenty-four (24) hours after the email is sent. Notices to The Facilitator shall be deemed to have been given three (3) days after the date of mailing by certified mail.

Severability

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.

Waiver

The failure of The Facilitator to exercise or enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.

Trademarks

Rogers & Crawford Real Estate Auctions LLC and the graphics/logos thereof are trademarks or service marks of Rogers & Crawford Real Estate Auctions LLC. No display or use of such marks may be made without the express written permission of Rogers & Crawford Real Estate Auctions LLC. Trademarks or service marks of other parties are the sole property of those respective owners.