Terms
Please Read Carefully Before Using This Web Site
ONLINE AUCTION TERMS AND CONDITIONS
CAUTION: PLEASE READ AND BE SURE YOU UNDERSTAND THESE TERMS AND
CONDITIONS PRIOR TO COMPLETING THE AUCTION REGISTRATION PROCESS AND PRIOR
TO BIDDING. IF YOU HAVE ANY QUESTIONS, INFORMATION ON HOW TO CONTACT US IS
CONTAINED BELOW. IF YOU CANNOT AGREE TO THESE TERMS AND CONDITIONS AS
WELL AS THE OTHER APPLICABLE TERMS AND CONITIONS LISTED ON OUR WEBSITE,
PLEASE DO NOT REGISTER AND BID.
In registering to bid for this auction, you are confirming the following:
• You have provided trueful and complete information concerning your identity, contact information, and
payment information, and will continue to do so.
• You have read and familiarized yourself with the general terms and conditions related to online auctions and
the terms and conditions specific to this auction, both of which are located at www.kaufman-auctions.com.
You agree to be legally bound by these terms and conditions and abide by them, including but not limited to
payment terms and item pick-up terms.
• You understand that Kaufman reserves the right to modify the Terms & Conditions of this auction at any
time. You agree to be bound to any such modifications when You use the Website or participate in an online
auction for any bid placed after any such modification is posted. It is therefore important that You keep
Yourself up to date with these Terms & Conditions and any changes to them.
• If when bidding on Real Estate and is applicable you acknowledge (a) property disclosure, (b) lead based
and the purchase agreement that you will enter into is without modification that is on the website if you are
the high bidder.
• You are 18 or older, legally competent to enter into a contract, and not under any disability which would
prevent you from entering into a valid and enforceable contract.
• You do not currently have a case in any United States Bankruptcy Court nor do you anticipate such a filing
within the next 90 days.
• In exchange for permission to use the website, You agree to not alter or modify any part of the Website other
than as may be reasonably necessary to use the Website for its intended purpose and/or in a manner allowed
by Kaufman. You accept sole responsibility for all Your activities using the Website, including Your
conduct on the Website and any all content You may submit, post, or share via the Website. You will not use
the Website for any unauthorized or illegal purpose. You further agree not to copy, reproduce, or publicly
display any content from the Website.
• It is in Kaufman’s sole discretion to accept or decline the instructions of any individual who claims to be
authorized to make direct changes to Your Bidder Account, so long as the person presents the appropriate
account information. We shall not be responsible for the actions made by any individuals who misuse or
misappropriate Your account information or other assets using Your Bidder Account, password, or other
appropriate identifying information. If Your Bidder Account has been compromised, it is Your responsibility
to notify Us immediately of any unauthorized use on Your Bidder Account.
• You agree to assume, indemnify, and hold harmless Kaufman from any claims, liabilities, causes of action
and damages, including but not limited to attorney fees, arising out of Your use of the website, participation
in the auction, and/or purchase of any item.
• You agree that the trademarks, logos, characters and service marks (collectively “Trademarks”) displayed on
the Website belong to Kaufman or are used with permission. Nothing contained on the Website shall be
construed as granting any license or right to use any Trademark displayed on the Website. Your use/misuse of
the Trademarks displayed on the Website, or any other content on the Website, except as provided in these
Terms & Conditions, is strictly prohibited. You are also advised that Kaufman will aggressively enforce its
intellectual property rights to the fullest extent of the law.
• Depending on the specific online auction, You may place bids in the following ways: (1) Max Bid; (2)
ForceBid/-JumpBid; and (3) Ultimate Choice Bidding Platform. “Max Bid” allows You to enter Your Max
Bid and the system will continue to bid for You by increments until it reaches Your Max Bid.
“ForceBid/JumpBid” is a bidding strategy by which a bidder increases the bid by more than the next
accepted bid (for example, placing your bid at $150 when the next accepted bid is $125). This practice is
used by some bidders to discourage others from bidding in hopes of acquiring an item at a lower price.
There are many theories on the effectiveness of this practice and if You choose to apply this practice, You do
so at Your own discretion. If the Ultimate Choice Bidding Platform is being utilized, there is no max bidding
feature. Once You have clicked on the lot or combination of lots and click get price, You then have two
options. You can simply click submit bid to enter Your bid at the amount displayed or You can enter a higher
bid in the space provided. Your bid will be implemented at this amount. This is not max bidding, so the bid
will be placed at the exact amount You enter. If the specific auction You choose to participate in is online
only, bidding will begin at a certain time and date and end at a certain time and date. Depending on the
specific auction You choose to participate in, should a bid be placed within a certain amount of minutes
before the auction’s ending time, the ending time will automatically be extended from the time that bid is
placed. The time will continue to extend until the bidding activity has stopped. The online only auction
closes when the timer on the auction hits zero. The winning bidder of an item is the last bidder the bid
history recorded before the timer hits zero. Kaufman, in its sole discretion, may determine when and how
long it chooses to extend the auction’s ending time. If the specific auction You choose to participate is online
and live (simulcast), pre-bidding will begin at a certain time and date and end at a certain time and date. The
actual live portion of the auction in which online and live bidding will occur will begin at a certain time and
date and end on the same date at a later time. You can read more about auction terminology and the bidding
functions and how they operate at: https://www.kaufmanauctions.com/support/terminology/.
• You understand that all aspects of an online auction are subject to change without prior notice. Kaufman
reserves the right to add or remove items from an online auction, split or combine lots, make changes to the
online auction ending times and pick-up date and/or time, cancel, suspend, extend, or reschedule an
individual item and/or online auction event, or take any other action Kaufman deems necessary to affect the
fair conduct of online auction.
• If you wish you can receive text and email notifications such as “Outbid” and “High Bid” alerts.
Notifications can be configured in Your Bidder Account. For more information contact Kaufman for
assistance.
• You agree that Kaufman shall not be liable for any interruption in service, errors, and/or omissions caused by
any means and does not guarantee continual, uninterrupted or error free service or use of the Website. With
current technology, it is not possible to develop and operate computer programs (software) and data
processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection
with the Internet. You acknowledge that the Website is conducted electronically and relies on hardware and
software that may malfunction without warning. In the event of any malfunction relating to the Website, We,
in Our sole discretion, may void any sale, temporarily suspend bidding and/or re-sell any item/lot affected
by any malfunction.
• You agree that these Terms & Conditions and their interpretation shall be governed by the laws of the state of
Ohio. You agree that Jurisdiction and Venue for any dispute involving an online auction continued by Kaufman
Realty & Auctions of West Virginia, LLC, shall exclusively lie in Harrison County, West Virgina. Jurisdiction
and Venue for any dispute arising out of an auction conducted by Kaufman Realty & Auctions, LLC, shall
exclusively lie in Holmes, Wayne, or Tuscarawas County, Ohio.
• You agree that the provisions of these Terms & Conditions and any additional terms and conditions stated in
the specific online auction in which You choose to participate in are severable, and if any part of them are
found to be unenforceable, the other paragraphs shall remain in full force and effect.
• To contact Our Customer Service, you may send us an online message by submitting the information
requested in the “Send us a Message” feature” at https://www.kaufman-auctions.com/support/contact/.
Specific online auctions may also contain a “Contact Us” section that can be completed and submitted. You
may also contact us by Phone at (888) 852-4111 during the service hours of 9AM – 4PM (ET), Monday
through Friday. Specific online auctions may also contain contact information for individuals that can be
contacted via telephone and/or email. Finally, you may contact us by Mail at Kaufman Realty & Auctions,
LLC, P.O. Box 422, Sugarcreek, Ohio 44681 and 399 W. Main St.,Bridgeport, WV 26330. Our service
hours may be reduced during certain national and/or religious holidays.
• Kaufman and Our partners and agents reserve the right to send messages to You regarding any matter related
to the Website, including but not limited to Your Bidder Account, online auctions, items in online auctions,
and these Terms & Conditions. Further, You consent to receive emails at the email address(es) entered in
Your Bidder Account. We reserve the right to contact You via telephone regarding any matter related to the
Website, including but not limited to Your Bidder Account, the online auctions, the items in the online
auctions, and these Terms & Conditions. Further, You consent to receive such phone calls at the telephone
number(s) You enter into Your Bidder Account. We further reserve the right to contact You via text message
if You opt in to “Text Alerts” in Your Bidder Account. By opting in for this functionality, you consent to
receive text messages by automated means. Allowing “Text Alerts” is not a condition of purchase. This
service is free from Kaufman. However, carrier message and data rates may apply. To take advantage of
Kaufman text messaging alerts, you must have a text messaging enabled mobile device with a text
messaging plan. The number for this device must be entered in as Your “Phone Number” in Your Bidder
Account.
• Kaufman and Our partners and agents may send you promotional details for Our services which We believe
may interest You. If at any time You do not wish to receive these communications, please send Us a message
at https://www.kaufmanauctions.com/support/contact/.
Copyright Notice
The materials at this web site, as well as the organization and layout of this site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this web site solely for your personal and non-commercial use, however, any print out of this web site, or portions of the web site, must include Kaufman Realty's copyright notice. No right, title or interest in any of the materials contained on this web site is transferred to you as a result of accessing, downloading or printing such materials. Unless otherwise specified, you may not copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, link to or frame in another web site, use on any other web site, transfer or sell any information obtained from this web site, without written permission from Kaufman Realty. The foregoing prohibition expressly includes, but is not limited to, the practices of "screen scraping" or "database scraping" to obtain lists of users, listing data or other information.
Digital Millennium Copyright Act Notice
Claims of Copyright Infringement & Related Issues (17 USC 512 et seq.)
Kaufman Realty, LLC. respects the intellectual property rights of others. Anyone who believes their work has been reproduced in a way that constitutes copyright infringement may notify our agent by providing the following information:
Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site;
Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located so that the copyright agent can locate it;
Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
Upon obtaining such knowledge we will act expeditiously to remove, or disable access to, the material. Please be aware that there are substantial penalties for false claims.
If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to our agent. A valid counter notification is a written communication that incorporates the following elements:
A physical or electronic signature of the poster;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
Your name, address, and telephone number; a statement that you consent to the jurisdiction of federal district court for the judicial district in which your address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found; and that you will accept service of process from the complainant.
Notices of the foregoing copyright issues should be sent as follows:
By mail:
Kaufman Realty, LLC.
1047 W Main St.
Sugarcreek, OH 44718
United States
By e-mail:
info@kaufman-auctions.com
If you give notice of copyright infringement by e-mail, an agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action. This information should not be construed as legal advice. We recommend you seek independent legal counsel before filing a notification or counter-notification. For further information about the DMCA, please visit the website of the United States Copyright Office at: http://www.copyright.gov/.
Trademarks
Kaufman Realty & Auctions™, Kaufman Auctions™, and Kaufman Trophy Properties™, are registered service marks and may not be used in any way without receiving prior express written permission.
Links
For your convenience, may provide links to various other web sites that may be of interest to you. However, Kaufman Realty does not control such web sites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such web sites. Furthermore, Kaufman Realty's privacy policy is applicable only when you are on our web site. Once you link to another web site, you should read that site's privacy policy before disclosing any personal information. If you decide to access any of the third party sites linked to this web site, you do so at your own risk. Kaufman Realty reserves the right to terminate any link or linking program at any time.
Applicable Law
This web site is controlled by Kaufman Realty from its offices within Sugarcreek, the state of Ohio, the United States of America. As such, the laws of the State of Ohio, the United States of America, will govern these Terms of Use, excluding any principles or rules of law that may direct the application of the law of another state. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Ohio, the United States of America, for any litigation arising out of or relating to the use of the www.kaufmanrealty.com web site, waive any objection to the venue of any such litigation in the Ohio courts and agree not to plead or claim in any Ohio court that such litigation brought therein has been brought in an inconvenient forum. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity or enforceability of any remaining provisions.
Disclaimer
THE MATERIALS CONTAINED IN THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. KAUFMAN REALTY EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. KAUFMAN REALTY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THESE MATERIALS. KAUFMAN REALTY MAY MAKE CHANGES TO THIS WEB SITE AT ANY TIME WITHOUT NOTICE. WHILE KAUFMAN REALTY STRIVE TO KEEP THE INFORMATION ON THIS SITE ACCURATE AND CURRENT, KAUFMAN REALTY CANNOT GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION. INFORMATION WITHIN THE WEB SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. KAUFMAN REALTY RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS AND/OR IMPROVEMENTS TO THE INFORMATION CONTAINED WITHIN THIS WEB SITE, AT ANY TIME, WITHOUT NOTICE.
Google Maps Terms of Service
By using this web site you are bound by the Google Maps/Google Earth Terms of Service including the Google Privacy Policy.
Limitation of Liability
IN NO EVENT SHALL KAUFMAN REALTY BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE WEB SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF KAUFMAN REALTY, LLC. HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Updates
Kaufman Realty reserves the right to make changes to the www.kaufman-auctions.com web site and these Terms of Use at any time and may revise these Terms of Use at any time by updating this posting. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Your use of this site following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the site.
If you have a disability that keeps you from experiencing this website please call 1 (888) 852-4111