Online Home Buying Offers

Website Terms of Use

​Acceptance of the Terms of Use

These terms of use are entered into by and between You and HomebossAZ.com and the Homeboss Group at EXP Realty (”Company,” “we,” or “us”). The following terms and conditions, together with any documents that expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of the HomebossAZ.com website platform, including any content, functionality, and services offered on or through HomebossAZ.com (the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

By agreeing to these Terms and Conditions you agree and understand any offers you submit will be available and visible to the public in real-time on the property page of our website.

This Website is offered and available to users who are 18 years of age or older and reside in the Canada and/or the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

In order to place an offer on any property available for online offers on the HomebossAZ.com website platform, you must REGISTER HERE and create an account. If you are working with an Agent, you will need to provide us with their contact information. If you do not have an agent, please notify us so we can get you in touch with one as you MUST be working with an agent to use this platform.

By agreeing to these Terms and Conditions you agree and understand any offers you submit will be available and visible to the public in real-time on the property page of our website.

The Seller has required the listing agents to have all offers submitted online. We have been instructed NOT to review or present offers that were not submitted through the online process.

If you are bidding from a different time zone than the property, you MUST change the clock on your computer to ensure your bids are submitted in a timely manner.

WE DO NOT RECOMMEND USING A MOBILE PHONE FOR BIDDING! IF YOU DO, YOU MUST REFRESH YOUR SCREEN TO ENSURE ACCURACY!

CLICK HERE to register for access to the online offers platform.

By creating your account, you agree, accept AND understand the Terms and Conditions of the online offers process and the HomebossAZ.com online offers platform.

In addition, you must either provide acceptable Proof of Funds if paying in cash OR a FULL Underwritten Loan Pre-Approval Letter or the actual Automated Underwriting printout from a Licensed Mortgage Lender (pre-qualifications are not allowed) prior to getting access to the online offers area. Registration and documents must be completed and provided to the listing agent of the property you are making offers on NO LATER than 12:00 pm (noon) Arizona time on the final day of the online offers sale event.

If you are not pre-approved and want to come to the Open House event to tour the home, you may do so, but you will not be allowed to access the online offers platform unless and until you either supply the listing agent of the property you are interested in the appropriate pre-approval or proof of funds as stipulated previously.

We will have licensed lenders on-site at the event to pre-approve anyone who is not already pre-approved but wants to make an offer on the home. For those buyers who want to get pre-approved on-site, they need to bring and provide the lender acceptable documentation to facilitate pre-approval or they will not be allowed to place any offers.

If you have not registered and/or you have not provided suitable documentation by NOON on the day the sales event ends on the property you are interested in and want to make an offer on, you will NOT be allowed to place any offers!

If you do not have a mortgage lender you can get the loan approval started with the Lenders that will be available at our Open House Event.

We also STRONGLY encourage you or your agent to log in to your account well in advance of the end of the stipulated online offers time limits on the property you wish to make an offer. You can see all offers on the property page for the home you are interested in. It is IMPORTANT to understand the steps and functionality needed to place your offer(s).  Technical or agent support will not be available after 12:00 pm Arizona time on the final day of the sales event.

CLICK HERE to register for access to the online offers platform.

Upon acceptance and approval of your documentation submitted as described above (acceptable proof of funds / lender pre-approval letter) you will be granted access to our online offers platform which means you will receive access to make offers on properties that meet your criteria.

EACH PROPERTY WILL HAVE DIFFERENT TIMES THAT ACTIVATIONS / OFFERS WILL TAKE PLACE SO PLEASE READ THE DESCRIPTION FOR THE PROPERTY YOU ARE INTERESTED IN MAKING AN OFFER ON.

You MUST be working with a licensed Arizona Real Estate Agent – No Exceptions!

If you do not have an agent to represent you, we can recommend several that you can choose from. These agents will work ONLY on your behalf and only in your best interests, but they are also familiar with and understand this type of platform. Please contact us to let us know if you need us to refer a licensed agent to represent you by clicking here Contact Us.

A licensed Real Estate Agent must prepare all required documents (other than loan pre-approval) and initiate the process.

Once you have an agent representing you, our registration page will have you enter their contact information or they can register on your behalf. Our agents will contact them and review the online offers procedures.

Our agents are experts in this process and can guide you and your agent through the entire online offers process from beginning to end and answer all of your questions. They can also explain the financial benefits of working with us.

“Final Declared Winning Offer” – Being the highest offer on the site property page does not necessarily mean your offer is the final declared winning offer or that your offer is accepted. There are many factors that go into a seller accepting an online offer such as type of mortgage financing, down payment, amount of earnest money, closing date, home sale and other contingencies etc.

The listing agent will call all agents representing buyers who have placed competitively priced offers on a particular property on our platform to learn all the details of their offers. Only after the seller and seller’s agent discuss the terms of all the competitive offers submitted on the site will they determine who the “Final Declared Winning Offer” from all competitive registered buyers involved in the online sales event.

Winning Offer – If your offer is accepted by the seller, you must have your agent submit a signed Arizona Residential Purchase Contract to the seller / seller’s real estate listing agent along with the earnest money deposited with the seller’s title company as escrow agent within the time specified in “sale terms and conditions” (typically within 24 hours but please see the property posting for complete details). If you do not have an agent, please Contact Us as you must have a licensed agent perform this function and be registered on our site prior to your being able to place any offers on a property on our platform.

Seller(s) reserve the right to accept, negotiate or reject any or all offers submitted online.

What is the “Buyer’s Premium” – Using the HomebossAZ.com online offers platform, real estate commission is paid in whole or in part from what is called a “Buyer’s Premium”. Buyer’s Premium can range from 1% to 12% of the “Final Declared Winning Offer” price accepted (this is not the Final Sales Price). The exact percentage amount of Buyer’s Premium can be different for each property offered on our platform so be sure to read the specific terms on the property page and MLS listing for the property you are interested in.

The FINAL SALES PRICE which will be shown on Line 10 of the Arizona Residential Purchase Contract calculated in the following manner:

Buyer’s Premium Amount = Final Declared Winning Offer Price x Buyer’s Premium Percentage stated on Property Page (as well as in the MLS – the two will be identical)
Final Declared Winning Offer Price + Buyer’s Premium Amount = FINAL/CONTRACT SALES PRICE.

The Buyer’s Premium is calculated using the highest final offer NOT based on the Total Purchase Price.

This is the MOST transparent way for a seller to offer the lowest price on their home and still compensate the real estate agents who conduct and close the transaction.

Each property listed on our platform site will offer different terms, conditions and buyer’s premium, so be sure to research the property you are interested in thoroughly along with all of the details on the property page.

Properties will be available for viewing by the general public ONLY on the day(s) specified on the property page of each specific property (unless agreed otherwise)

Seller(s) reserve the right to accept, negotiate or reject any or all offers submitted online.

An online offer is a binding agreement and a seller can legally pursue a non-performing buyer.

Be sure to contact us if you have question on the offers process.

Terms You Should Know:

WE SUGGEST YOU ALWAYS LOG INTO THE SITE 5 MINUTES BEFORE THE SCHEDULED ONLINE OFFERS EVENT ENDS TO SEE VIEW THE CURRENT OFFERS TO DETERMINE IF YOU WISH TO PLACE OR MODIFY YOUR OFFER(S).

Extension of Offers – Our system prevents last second unfair “Sniper Offers” by automatically extending the online offers event expiration time.

If a buyer places an offer within 2 minutes of the end of the online offers posted expiration time, the system will automatically extend and allow more offers to be placed for an additional 5 minutes in order to allow all registered buyers the opportunity to respond and will continue to operate like this until there are no more offers placed during any 5-minute extended time period.

Attention – Final Declared Winning Offer

If Your offer is Declared the Final Winning Offer: Our Seller’s Agent will contact your agent to discuss and finalize your offer and to determine the actual final sales price to be inserted into an Arizona Residential Purchase Contract. The Highest Offer on our site does NOT mean you have an accepted contract. Once we have discussed the terms of your offer and the seller accepts your offer, your agent MUST submit a signed purchase agreement to the seller within the time specified in “sale terms and conditions” (please see the posting details on the property page). If you do not have an agent, please Contact Us.

Notice to Final Declared Winning Offer: Important – If your offer is declared the final winning offer by seller and seller’s agent at the end of the online offer event (after seller and or seller’s agent discusses with you all other terms of your offer and your offer is accepted by same and you are then declared the “Final Winning Offer”) and if you then back out without submitting a contract, you will have been considered breaching our terms of use of our online offers submission system and you may be liable for a $500 withdrawal penalty fee.  We will invoice you for that amount.

Seller(s) reserve the right to accept, negotiate or reject any or all offers submitted online.

Changes to the Terms of Use:

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change was/is posted on the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

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

You are responsible for both:

Making all arrangements necessary for you to have access to the Website.

Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website 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 Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. There is only one registration entry allowed per buyer. (i.e.: only you or your licensed real estate agent can create an account for your bid)

You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username 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 username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned and trademarked by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

You may store files that are automatically cached by your Web browser for display enhancement purposes.

You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

Modify copies of any materials from this site.

Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

​Trademarks

The Company name, the terms, Company trademarks, Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.‌

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

​To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.

​To transmit, or procure the sending of, any advertising or promotional material including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

​To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing)

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

​• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

​• Use any device, software, or routine that interferes with the proper working of the Website.

​• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

​• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

​• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

​• Otherwise attempt to interfere with the proper working of the Website.

​User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.

You represent and warrant that:

We own and control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.

Disclose your identity or other information about you 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 Website.

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

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot/do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

​Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations.

Without limiting the foregoing, User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these

Terms of Use and our Privacy Policy.

Be likely to deceive any person.

Promote any illegal activity, or advocate, promote, or assist any unlawful act.

Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

Impersonate any person or misrepresent your identity or affiliation with any person or organization. Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

​Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

​Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

​Online Bidding and Other Terms and Conditions

All bids through our site or other transactions for the sale of real estate formed through the Website, or resulting from visits made by you, are governed by our Online Bidding Terms and Conditions, and the specific Purchase and Sale Agreement (referred to previously) executed by the winning bidder and seller, which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

​Linking to the Website and Social Media Features

You may link to our homepage, 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 without our express consent.

​This Website may provide certain social media features that enable you to:

​Link from your own or certain third-party websites to certain content on this Website.

Send emails or other communications with certain content, or links to certain content, on this Website.

Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

​• Establish a link from any website that is not owned by you.

​• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

​• Link to any part of the Website other than the homepage.

​• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

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

​Geographic Restrictions

The Authorized Real Estate Agent / Representative of the Website is based in the State of Arizona in the United States. The owner of the Website is based in the State of Arizona in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

​Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website 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. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS 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 WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

​Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED ONE-THOUSAND DOLLARS ($1,000). THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

​Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule whether of the State of Arizona any other jurisdiction.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona in each case located in Maricopa County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your county or country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

‌Arbitration

At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Arizona state law, unless this provision is excluded or limited under applicable law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

​Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

​Entire Agreement

The Terms of Use, our Privacy Policy, the Online Bidding Terms and Conditions, and any other terms or policies we may post on our Website from time-to-time, constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.