Featuring Live & Simulcast Online Bidding
$150,000 Opening Bid
HARFORD COUNTY
– Joppa Area –
COMMERCIAL PROPERTY
1± Acre Including Easements
1,504 Sq. Ft. GBA ● Zoned B3
Sale On Premises:
1110 CLAYTON ROAD
Off Mountain Road
Joppa, Harford County, Maryland 21085
Online Bidding Opens
TUESDAY, NOVEMBER 5, 2024
Live Onsite Auction Begins
THURSDAY, NOVEMBER 7, 2024
AT 12:00 NOON
NOTE: The information contained herein has been obtained from sources deemed reliable and is believed to be accurate. However, no express or implied warranty is made or may be inferred from any such representation. Dimensions, square footage and acreage contained herein are more or less. Prospective purchasers are encouraged to perform their own due diligence, in advance of the auction, regarding the permitted uses of the property.
GENERAL INFORMATION:
1110 Clayton Road comprises a commercial site with an existing building. The property contains 0.5± fee simple acres and use of an additional 0.5± acres by virtue of a recorded Reciprocal Easement Agreement, providing a total of 1 usable acre with B-3 (General Business District) zoning. The property is situated just off Mountain Road north of Pulaski Highway and within one mile of I-95. The auction provides an opportunity to purchase an extremely well-located property suitable for either commercial or residential use in a developing area of Harford County.
LOCATION:
The property is located in the Joppatowne area of eastern Harford County along the I-95 corridor. The property is situated 0.2 miles east of Mountain Road (MD-152), 0.3 miles north of Pulaski Highway (US-40) via Mountain Road, and approximately 1 mile south of I-95 via Mountain Road. Aberdeen Proving Grounds Edgewood is about 3 miles south, and the primary base is about 10 miles east. Surrounding properties include both commercial and residential uses. Nearby businesses include Royal Farms, contracting companies and a variety of automotive businesses. According to Maryland DOT statistics, nearby traffic counts (AADT) are 26,692 cars per day along Mountain Road, 27,952 cars per day along Pulaski Highway and 150,320 cars per day along I-95.
For more information about the area, please visit:
Harford County, MD – www.harfordcountymd.gov
Harford County GIS Maps – www.harfordcountymd.gov
Maryland Department of Transportation – mdot.maryland.gov
SITE:
1110 Clayton Road – 0.507 acre, more or less, according to public tax records. 0.503 acre according to “Easement Exhibit #1108 & 1110 Clayton Road”. Asphalt driveway and parking area for 2-3 vehicles. Public water and sewer.
Storage and Access Easements – 0.5 acre, more or less, according to “Easement Exhibit #1108 & 1110 Clayton Road”. Partially fenced. Pole barn.
1110 Clayton Road: 0.503 acre
Easements: 0.50 acre
Total: 1.03 acres
Easement Exhibit #1108 & 1110 Clayton Road
ZONING:
B3 – General Business District
According to the Harford County Zoning Department, the General Business District “General Business District is intended to provide a wide range of retail, service and business uses serving local and county-wide areas. Such activities are generally located along arterial roads.” A variety of uses are permissible within this district. See Harford County Zoning code for permitted use tables and additional regulations.
For more information about Harford County Zoning, please visit:
Zoning Administration – www.harfordcountymd.gov
IMPROVEMENTS:
One story bungalow – constructed in 1935, containing 752 square feet of gross building area above grade and 752 square feet of basement space. Features include asphalt architectural shingle roof, vinyl-clad replacement windows and forced air heat. The upper level has most recently been used as an office, and is arranged for 3 rooms, kitchen and bath. Unfinished basement with storage and mechanical areas.
TITLE:
In fee simple; sold free and clear of all liens.
TAXES:
Current annual real estate taxes are $2,068 based on a full value tax assessment of $192,467.
SUMMARY TERMS OF SALE:
Please see the contract of sale for complete terms.
Live Auction Bidders – a $20,000 deposit, payable by cashier’s check, will be required of the purchaser at time and place of sale. The deposit shall be increased to 10% of the purchase price with 24 hours at the Auctioneer’s office (wire or cashier’s check).
Online Auction Bidders – a $20,000 or 10% deposit, whichever is greater, payable by cashier’s check or wire, will be required of the purchaser by 4:00 P.M. on the day of auction.
Deposit funds shall be held by A. J. Billig & Co., LLC. Balance to be paid in cash at settlement, which shall take place within 45 days. If payment of the deposit or balance does not take place within the specified time, the deposit shall be forfeited and the property may be resold at the risk and expense of the Purchaser. Interest to be charged on the unpaid purchase money, at the rate of 12% per annum, from date of contract to date of settlement. All adjustments, including taxes, all other public charges and assessments payable on a monthly or annual basis, and sanitary and/or metropolitan district charges, if any, to be adjusted for the current year to date of contract and assumed thereafter by the Purchaser. The property will be sold in “AS IS” condition, and subject to easements, agreements, restrictions or covenants of record affecting same, and Harford County Violation Notices, if any. Purchaser assumes the risk of loss from the date of contract forward. The Purchaser waives and releases the Seller, the Auctioneers, and their respective agents, successors and assigns from any and all claims the Purchaser and/or its successors and assigns may now have or may have in the future relating to the condition of the property, including but not limited to the environmental condition thereof. The Purchaser agrees to waive the right of inspection for lead paint, as provided under current Federal and State law. If the Seller is unable to convey good and marketable title, the Purchaser’s sole remedy in law or equity shall be limited to the refund of the deposit. Upon refund of the deposit this sale shall be null and void and of no effect, and the Purchaser shall have no further claim against the Seller or Auctioneers. Recordation costs, transfer taxes and all costs incidental to settlement to be paid by the Purchaser. Time is of the essence. A 5% buyer’s premium will be added to the final bid price.
Auction Registration
Agent/Broker Registration
Showing and Inspection
The property will be open 1 hour prior to the live onsite auction and is also available to view per the following instructions:
For Agents: please schedule online via ShowingTime.
For Individuals: Request Access to Property. Once the completed form has been received, you will receive inspection instructions via email. Inspection requests are normally answered Mon.-Fri. 9 am – 4 pm.
In consideration of the mutual promises and agreements set forth in this Contract of Sale and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the Purchaser and Seller agree as follows:
Auctioneer shall hold the Deposit in Auctioneer’s auction escrow account pursuant to the terms of this Contract of Sale. The balance of the Purchase Price shall be paid in cash at settlement, which shall take place within 45 days from the date of this Contract of Sale (the “Closing”). The Deposit shall be non-refundable to Purchaser except as expressly provided in this Contract of Sale. If payment of the Deposit or balance of the Purchase Price does not take place within the specified time, the Deposit shall be forfeited and the Property may be resold at the risk and expense of the Purchaser. Interest shall be charged on any portion of the unpaid Purchase Price, at the rate of 12% per annum from the date of this Contract of Sale to the Closing. If applicable law requires a lower rate of interest, such lower rate shall be used. If the Seller is unable to convey good and marketable title, Purchaser’s sole remedy under this Contract of Sale or in law or equity shall be limited to the refund of the Deposit, and Purchaser hereby waives any and all other remedies. Upon refund of the Deposit to Purchaser the sale of the Property from Seller to Purchaser shall be null and void and of no effect, and Purchaser shall have no claim against the Seller. Other than a claim for a release of the Deposit actually held by Auctioneer (which claim shall terminate upon the release by Auctioneer of the Deposit pursuant to this Contract of Sale), neither Seller or Purchaser shall have any claim whatsoever against Auctioneer and Seller and Purchaser waive any such claims and agree to jointly indemnify and hold Auctioneer harmless from any such claims. In the event of any dispute regarding the Deposit, Auctioneer shall be entitled to interplead such Deposit with a court of competent jurisdiction and thereafter shall be released from all liability for such Deposit under this Contract of Sale.
Purchaser acknowledges that except as expressly stated in this Contract of Sale, there are no contingencies to Purchaser’s obligation to purchase the Property pursuant to this Contract of Sale, including without limitation any financing contingency. The Seller makes no representations or warranties as to the condition of the Property or any improvements thereon and Purchaser acknowledges and agrees to purchase the Property in its "AS IS/WHERE IS" “WITH ALL FAULTS” condition and basis, subject to all easements, agreements, restrictions or covenants of record, zoning, and all laws, regulations, and governmental rules affecting same. The Property will be sold subject to Harford County violation notices, if any. Purchaser waives any right it otherwise may have at law or in equity, including, without limitation, the right to seek damages from Seller in connection with the environmental condition of the Property, including any right of contribution under the Comprehensive Environmental Response Compensation and Liability Act. Purchaser releases Seller from all claims which Purchaser has or may have arising from or related to any matter or thing related to or in connection with the Property. Purchaser assumes the risk of loss from and after the date of this Contract of Sale. Purchaser agrees to waive the right of inspection for lead paint, as provided under current Federal and State law. All adjustments, including taxes, ground rent, all other public charges and assessments payable on a monthly or annual basis, and sanitary and/or metropolitan district charges, if any, shall be adjusted for the current year to the date of this Contract of Sale and assumed thereafter by the Purchaser. Recordation costs, transfer taxes and all costs incidental to settlement to be paid by Purchaser except where otherwise required by local, State or Federal law.
This Contract of Sale shall be governed by and construed under the laws of the State of Maryland, without regard to its conflict of laws provisions. This Contract of Sale shall be binding upon each party hereto and such party's heirs, legal representatives, successors and assigns and shall inure to the benefit of each party hereto and such party's heirs, legal representatives, successors and assigns. If any party to this Contract of Sale is made up of more than one person, then all such persons shall be included jointly and severally, even though the defined term for such party is used in the singular in this Contract of Sale. This Contract of Sale shall be construed without regard to any presumption or other rule requiring construction against the party causing this Contract of Sale to be drafted. Time is of the essence for all matters under this Contract of Sale.
This Contract of Sale may be executed in one or more counterparts, including by facsimile and email, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.
AJBILLIG.COM
TERMS OF USE
Last Modified: 09/22/2023
1. ACCEPTANCE OF THE TERMS OF USE
These Terms of Use are an agreement between You and A. J. Billig & Co., LLC (“A. J. Billig”, “Company”, “we”, “us” or “our”). The following terms and conditions, together with any document they expressly incorporate (collectively, the “Terms of Use”), govern your access to and use of the www.ajbillig.com website (“Website”) and services provided there. A. J. Billig provides real estate and personal property sales and related services (collectively, the “Services”). Please read these Terms of Use carefully before you start to use the Website. By accessing the Website and using the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy incorporated herein by reference. If you do not agree with these Terms of Use or the Privacy Policy, do not access or use the Website or the Services.
These Terms of Use apply to your use of the Website and Services; additional terms and conditions may be applicable should you choose to participate in any sale of real estate or personal property conducted by A. J. Billig. Such additional terms and conditions of sale may be presented at the time of registration and/or sale, and/or may be announced orally at the sale.
2. 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 and Services thereafter.
Your continued use of the Website and Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you will be aware of any changes, as they are binding on you.
3. ELIGIBILITY
4. RESTRICTIONS ON WEBSITE USE
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
5. REAL ESTATE BROKERAGE SERVICES / NO AGENCY
Neither A. J. Billig, nor the auctioneer employed by A. J. Billig to conduct any auction is your employee, agent, representative, or contractor with respect to any auction in which you may participate.
6. DISCLAIMERS / RELIANCE ON INFORMATION POSTED
The information presented on or through the Website is made available solely for general information purposes. It is not intended as and does not constitute legal advice and should not be acted on as such. Although this information has been obtained from sources deemed reliable and is believed to be accurate, we do not warrant the accuracy, completeness, or usefulness of this information, including but not limited to information regarding dimensions, square footage or acreage, zoning use or environmental conditions for any specific property listed. 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. Prospective purchasers are encouraged to perform their own due diligence, in advance of the auction/sale, regarding the permitted uses of the property.
Unless otherwise expressly provided by A. J. Billig, all property is auctioned and sold in its “as-is”, “where-is” condition on the day of the auction. It is the responsibility of the prospective purchaser to determine the nature, condition, and state of title of the property to be purchased at the sale.
7. 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. We reserve the right to withdraw or amend this Website or any Service or any material we provide on the Website, in our sole discretion without notice. We will not be liable to you if for any reason all or any part of the Website is unavailable at any time or for any period.
Authority to cancel any sale advertised on the Website rests solely with the Seller and/or the Trustee and/or Auctioneer. Prospective buyers should disregard all other statements and comments made by any other person or entity regarding minimum bids, pricing and cancellations of the sale. Additional terms may be announced at the time of sale. The Seller(s) and/or Truste(es) reserve: (1) the right to accept or reject any or all bids; (2) the right to modify or waive the requirements for bidders’ deposits and terms of sale and/or settlement; (3) the right to withdraw a property from sale before acceptance of the final bid; and (4) the right to cancel or postpone a sale.
8. INFORMATION DISCLOSURE
9. 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 by A. J. Billig, 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 or laws.
These Terms of Use permit you to use the Website to receive informational content, contact us, or otherwise submit information in furtherance of your use of the Services. 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:
You must not:
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 A. J. Billig. 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.
10. TRADEMARKS
The A. J. Billig name, logos, and all related names, logos, product and service names, designs, and slogans, whether registered or not, are trademarks of A. J. Billig. You must not use such marks without the prior written permission of A. J. Billig. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
11. COPYRIGHT POLICY
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
12. DESIGNATED DMCA COPYRIGHT AGENT
Our designated copyright agent to receive DMCA Notices is:
Agent Name: A. J. Billig Copyright Agent
Tel: 410-296-8440
Email: info@ajbillig.com
Postal Address: A. J. Billig & Co.
Attn: Copyright Agent
6500 Falls Road
Baltimore, Maryland 21209
ALL INQUIRIES TO THE COPYRIGHT AGENT NOT RELATED TO A COPYRIGHT INFRINGEMENT CLAIM WILL RECEIVE NO RESPONSE.
13. FEEDBACK
If you provide us with materials such as comments, bug reports, feedback or modifications proposed by you to us, about A. J. Billig., the Website, or the Services (collectively, “Feedback”), then A. J. Billig will have the right to use such Feedback at our discretion, including but not limited to incorporating such Feedback into the Website and the right to assign, license or otherwise use such Feedback. You hereby give A. J. Billig a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate such Feedback and use such Feedback for any purpose. No compensation will be paid with respect to the use of your Feedback.
We have the right to:
14. 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.
15. DISCLAIMER OF WARRANTIES
You acknowledge and agree 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. IN NO EVENT SHALL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, 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 A. J. BILLIG NOR ANY PERSON ASSOCIATED WITH A. J. BILLIG MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER A. J. BILLIG NOR ANYONE ASSOCIATED WITH US 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.
A. J. BILLIG 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, PERFORMANCE, RESULTS, SECURITY, INTEGRATION, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND FITNESS FOR ANY PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. LIMITATION ON LIABILITY
IN NO EVENT WILL A. J. BILLIG, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. INDEMNIFICATION
You will indemnify, defend (or settle) and hold harmless A. J. Billig, its affiliates, board members, officers, employees, and agents (“A. J. Billig Entities”) from all claims, actions, proceedings, losses, settlements, judgments, liabilities, suits, damages, disputes or demands, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, and including reasonable attorney’s fees and all other costs, fees, and expenses (collectively, “Claims”) against any of the A. J. Billig Entities arising out of or in connection with (a) your use of our Services, including any property listing data provided on the Website; (b) violation of these Terms; or (c) violation of any law or third-party’s rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secret, right of privacy or publicity or any other third party right). You will not settle any indemnified claim without the prior written consent of A. J. Billig, such consent not to be unreasonably withheld. In connection with any Claims that may give rise to your indemnification obligations as set forth above, the A. J. Billig Entities shall have the exclusive right, at their option, to defend, compromise and/or settle the suit, action or proceeding, and you shall be bound by the determination of any suit, action or proceeding so defended or any compromise or settlement so effected. The remedies provided in this section are not exclusive of and do not limit any other remedies that may be available to the A. J. Billig Entities pursuant to this section. The terms of this section shall survive the termination of your relationship with us and/or registration for our Services.
18. CHOICE OF LAW; JURISDICTION AND VENUE; WAIVER OF JURY TRIAL
These Terms of Use are governed by the laws of the United States of America and the State of Maryland, excluding any law or conflicts of law principle that would apply the law of another jurisdiction. You hereby consent to the exclusive jurisdiction and venue of courts in Baltimore, MD in all disputes arising out of or relating to the use of the Website or under these Terms of Use; provided, however, that in the event A. J. Billig is sued or joined by a third party in any other court or in any other forum in respect of any matter which may give rise to a claim by us hereunder, you consent to the jurisdiction of such court or forum over any claim which may be asserted by us therein. You irrevocably consent to the exercise of personal jurisdiction by such courts in any such action. In addition, and notwithstanding the foregoing, you irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment in any such suit, action or proceeding brought in any such court shall be conclusive and binding upon you and may be enforced in any court in which you are subject to a jurisdiction by a suit upon such judgment. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. A. J. Billig and you each hereby waive the right to a trial by jury in any court and in any suit, action or proceeding, whether in tort, contract, or otherwise, in which any such party is a party, as to any claim arising out of or in connection with these Terms of Use, your or our rights and obligations under these Terms of Use, the Website, use of the Website, and/or the Services and/or products that may be provided by or through or in connection with the Website.
19. MISCELLANEOUS
Entire Agreement. The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and A. J. Billig regarding the Website, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
No Joint Venture. You agree that no joint venture, partnership, employment, or agency relationship exists between you and A. J. Billig as a result of these Terms of Use or your use of Website.
Headings. Section headings and other captions in these Terms of Use are used solely for the convenience of the parties, have no legal or contractual significance, and shall not be used in interpreting, construing, or enforcing any of the provisions of these Terms of Use.
Survival. The provisions of the following sections shall survive any termination or expiration of these Terms of Use: Disclosure Under Law, Disclaimers, Indemnification, Intellectual Property, Choice of Law, Jurisdiction and Venue, Waiver of Jury Trial, and Miscellaneous.
No Waiver. Our failure to enforce any provision of these Terms of Use will not be construed as a waiver or limitation of our right to subsequently enforce and compel strict compliance with that provision or any other provision of these Terms of Use.
Severability. 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.
Assignment. No assignment, delegation or other conveyance of these Terms of Use may be made by you (by operation of law or otherwise) without our prior written consent, to be given in our sole discretion. A. J. Billig may assign its rights and obligations hereunder to any other party.
Statute of Limitations. Any cause of action you may have with respect to your use of the Website must be commenced within one year after the claim or cause of action arises; thereafter, any such claim will be forever barred, without regard to any contrary legislation, rule, or other authority.
Agreement Binding. In the event that any provision of these Terms of Use is deemed to be unenforceable, said provision will be interpreted to reflect the original intent of the parties in accordance with applicable law, and the remainder of these Terms of Use will continue in full force and effect.
Notices. Notices to A. J. Billig under these Terms of Use shall be sufficient only if in writing and transmitted via personal delivery, delivered by a major commercial rapid delivery courier service, or mailed, postage or charges prepaid, by certified or registered mail, return receipt requested, to A. J. Billig & Co., 6500 Falls Road, Baltimore, MD 21209, with such notices being effective as of the date of actual, confirmed receipt by us. Notices to you are deemed effective if sent to the email, SMS phone number, fax, mail address or other contact information provided by you during use of the Website or Services, and are deemed effective upon the earlier of being confirmed received or one day after having been sent.
SMS MESSAGING TERMS & CONDITIONS
When you opt-in to the service, we will send you a message to confirm your signup.
By opting into messages, you agree to receive recurring automated marketing and informational text messages from A. J. Billig. Automated messages may be sent using an automated dialing system to the mobile telephone number you provided when signing up or any other number that you designate.
Messaging frequency will vary from weekly to multiple messages per week, and additional mobile messages may be sent periodically based on your interaction with A. J. Billig. A. J. Billig reserves the right to alter the frequency of message sent at any time to increase or decrease the total number of sent messages. A. J. Billig also reserves the right to change the short code or phone number where message are sent.
Message and data rates may apply. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Your wireless provider is not liable for delayed or undelivered messages.
Your consent to receive marketing messages is not a condition of purchase.
CARRIERS
Carriers are not liable for delayed or undelivered messages.
CANCELLATION
You can cancel any time by texting “STOP”. After you send the SMS message “STOP”, we will send you a message to confirm that you have been unsubscribed and no more messages will be sent. If you would like to receive messages from A. J. Billig again, just sign up as you did the first time and A.J. Billig will start sending message to you again.
INFO
Text “HELP” at any time and we will respond with instructions on how to unsubscribe. For support regarding our services, email us at info@ajbillig.com.
TRANSFER OF NUMBER
You agree that before changing your mobile number or transferring your mobile number to another individual, you will either reply “STOP” from the original number or notify us of your old number at info@ajbillig.com. The duty to inform us based on the above events is a condition of using this service to receive messages.
PRIVACY
If you have any questions about your data or our privacy practices, please visit our Privacy Policy.
AJBILLIG.COM
PRIVACY POLICY
Last Modified: 09/14/2023
This Privacy Policy is provided for websites operated by A. J. Billig & Co., LLC (“A. J. Billig”, “Company”, “we”, “us” or “our”) in connection with our goods and services found at www.ajbillig.com and other domains by which we provide products and services online (collectively, “Website”) . This Privacy Policy describes our privacy practices and those of our vendors and business partners on the Website (“Service Providers”), but we do not own, operate, or control, the privacy practices of such Service Providers. This Privacy Policy does not apply to any information collected by A. J. Billig offline or through any other means.
We collect and use information from or about you according to the Privacy Policy in effect at the time the information is gathered. Please be aware that our Privacy Policy may be changed by updating this page. By using the Website, you expressly agree to the collection and use of your information in accordance with this Privacy Policy and our Terms of Use without limitation or qualification. If you choose not to agree to these terms, then you may NOT use the Website. You should review this Privacy Policy periodically to ensure you are in agreement with any updates or changes. Your continued use of the Website following any changes will mean you accept such changes.
CONTACT US:
If you have questions or concerns regarding our Website, Privacy Policy or practices, please contact us at info@ajbillig.com or A. J. Billig & Co., 6500 Falls Road, Baltimore, MD 21209.
ABOUT US:
The Website provides information regarding real estate and personal property sales and related services (collectively, “Services”).
CHILDREN AND ONLINE PRIVACY:
We do not intend to collect PII from children under 18. If you are under the age of 18, do not provide us with PII, use our Services, or the Website. If we learn that we collected PII from a child under 18, we will promptly delete that information. If you believe that we collected information from a child under 18, contact us at info@ajbillig.com
I. INFORMATION WE COLLECT AND HOW WE COLLECT IT
We collect several types of information from and about users of our Website, including information:
We collect this information:
The technologies we use for automatic data collection may include:
Information You Provide To Us
We may collect the following types of information that you provide to us on or through the Website:
SENSITIVE PERSONAL INFORMATION
Sensitive Personal Information is PII that if lost, compromised, or disclosed without authorization, may subject an individual to risk of substantial harm, embarrassment, inconvenience, or unfairness to an individual. Sensitive Personal Information includes, without limitation: geo-location data, UDIDs, social security number, driver’s license number or other state identification number, or a foreign country equivalent, passport number, financial account number, credit card number, or debit card number.
The Website may collect or retain Sensitive Personal Information with your consent, if you provide it to us. Any Sensitive Personal Information that you provide to us is used by us solely in connection with the contemplated transaction in connection with which you are sending us any Sensitive Personal Information.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service. For example, we may associate this type of information with PII to determine whether you register for an auction or contact us.
Information About You From Other Sources
Some content or applications on the Website may be provided by third-parties (e.g., our Service Providers). These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website or click a link in an email or SMS message. The information they collect may be associated with your personal information.
We and our Service Providers may collect personal information about you on the Website and from other sources, including commercially available sources. All the information we collect about you may be combined to personalize your experience, provide you and our clients with Services, to improve our Website and Services, and for other marketing efforts.
II. HOW WE USE AND SHARE INFORMATION
Non-PII that we or our Service Providers collect may be used for marketing and sales efforts and/or analysis.
PII and Non-PII collected on the Website is used to personalize our interactions with you, allow you to pre-register for auctions, and allow us to answer your questions about the Website or our Services. A. J. Billig also maintains databases of email addresses, physical addresses and phone numbers, and may conduct email, SMS message, or physical flyer campaigns to individuals in our database. We maintain business information, which may include PII provided by individuals or companies, for purposes of administering our business, such as maintaining account contact information, etc.
AJ Billig does/may use the following third-party services:
We may share aggregate or anonymous Non-PII with Service Providers.
We may share PII and non-PII with our Service Providers, including website and social media consultants, research consultants and marketing firms.
We may share PII and non-PII with your consent, or for any other purpose disclosed by us with respect to information you provide, when you provide it.
We may also share information pursuant to a court order or to law enforcement or government officials as we deem necessary or appropriate.
Visitors who Request Services via the Website
Visitors who register on our Website may consent to be contacted by us, or to receive emails, SMS messages, physical mail, or phone calls from us.
III. HOW WE PROTECT AND RETAIN YOUR INFORMATION
We take security measures to protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data. These include firewalls and encryption, internal reviews of our data collection, storage and processing practices, and security measures, as well as physical security measures to guard against unauthorized access to systems.
If we retain PII on our systems, we restrict access to PII to employees, contractors, and agents who need to know that information in order to operate, develop, or improve our Website and Services.
However, the internet and mobile web are inherently insecure and so we are unable guarantee that the security measures we take will not be penetrated or compromised or that your information will remain secure under all circumstances.
Currently, we retain individual records of PII and all Non-PII indefinitely. We reserve the right to change this policy subject to applicable laws and regulations.
IV. HOW TO CONTROL AND CORRECT YOUR INFORMATION
You may visit the Website and utilize some of the Website functionality without entering any personal information. You may visit the Website and elect not to provide Web Browsing Data to us or our Service Providers by following the opt-out procedures set forth below.
Learn More about Cookies, Web Beacons, and other Technologies
You can accept or decline cookies. Most browsers automatically accept cookies. To learn more about cookies, including how to refuse cookies on your computer by adjusting web browser settings, follow these links:
Opting Out of Cookies
To opt-out from collection and use of your Web Browsing Data by the Website, click http://optout.networkadvertising.org/?c=1 to access opt out and other privacy tools provided by the National Advertising Initiative.
Some of our Service Providers’ cookies do not have an “opt-out” option, but you always have the option of blocking the use of cookies by changing a setting in your Internet browser.
Opting Out of Emails
If you do not wish to receive our emails, follow the unsubscribe instructions at the bottom of our emails or send an email to info@ajbillig.com requesting removal from our email distribution list.
Opting Out of SMS Messages
If you do not wish to receive our SMS messages, you can reply to the SMS message with ‘stop,’ ‘cancel,’ ‘end,’ ‘quit,’ or ‘unsubscribe’ or send an email to info@ajbillig.com requesting removal from our SMS message distribution list.
Social Media
We may engage with you on third party social media sites like Facebook, if you engage with us. By doing so, you “opt in” to sharing your content with us. Be aware that such content (PII, images, captions, and comments, etc.) that you submit (upload, post, comment, share, “like”, etc.) to third party social media sites (including any of our message boards or tweets) is publicly visible, not private and cannot be considered private PII. To manage social media notifications you receive, correct or delete your PII, or adjust your privacy settings, access the profile section of your social media accounts and follow the directions there. To learn more about social media privacy settings, follow these links:
Correcting your Personal Information
If you have any questions about accessing or updating information we have on file about you, please contact us at info@ajbillig.com.
GENERAL ONLINE REAL ESTATE AUCTION TERMS AND CONDITIONS
Last Modified: 9/22/2023
1. ACCEPTANCE OF THE TERMS
These Terms and Conditions are an agreement between You and A.J. Billig & Co., LLC ("A.J. Billig", “Company”, “we”, “us” or “our”). The following terms and conditions, together with any document they expressly incorporate (collectively, the "Terms"), govern your access to and use of The A.J. Billig & Co. LLC Bidding Software Application (“App”), ajbillig.bidwrangler.com (“Web Platform”), and services provided there. Please read these Terms and Conditions carefully before you start to use the App or Web Platform. By accessing the App and Web Platform and using the Services (as defined herein), you accept and agree to be bound and abide by these Terms and Conditions, our online Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree with these Terms and Conditions, the online Terms of Use, or the Privacy Policy, do not access or use the App, Web Platform, or Services.
The App is a mobile software application and the Web Platform is a website, both provided by A.J. Billig. Through the App and/or Web Platform, you may register, review details of selected upcoming auctions, and place bids in auctions for which A.J. Billig elects, in its sole discretion, to accept online bids. The functions we provide through the App and Web Platform may be referred to as the “Services.”
By using the App or Web Platform to place a bid: (i) you acknowledge that you have read and understand all of the written terms, conditions, and disclaimers set forth herein; (ii) you agree to all such terms, conditions, and disclaimers; (iii) you acknowledge that you have read and understand all of the written terms, conditions, and disclaimers of the auction company that is responsible for the auction in which you are bidding (such terms, conditions, and disclaimers are not set forth herein and must be obtained from A.J. Billig); and (iv) you agree to all of the terms, conditions, and disclaimers of A.J. Billig for the specific auction in which you are placing a bid.
2. CHANGES TO THE TERMS
We may revise and update these Terms 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 App, Web Platform and Services thereafter.
Your continued use of the App, Web Platform and Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check these Terms frequently so you will be aware of any changes, as they are binding on you.
3. ELIGIBILITY
a) The App, Web Platform and our Services are designed to comply with the laws and regulations of the United States (the "U.S."), and are intended for access and use by U.S. residents only. If you access the App or Web Platform from outside the U.S., you do so on your own initiative and are responsible for compliance with local laws.
b) You acknowledge that you are 18 years of age or older. Those under the age of 18 are not allowed to visit or otherwise use the site on their own behalf, and we do not knowingly collect information from such persons.
c) You acknowledge that you have the legal authority to enter into an agreement to purchase any item for which you register to bid.
4. PRODUCT LICENSE
A.J. Billig grants you a personal nontransferable and nonexclusive license to use the App on mobile devices that you own or control, subject to the other limitations and restrictions in these terms. A.J. Billig or A.J. Billig’s licensor retain ownership of the App and they reserve all rights not expressly granted to you. You may not rent, lease, lend, sell, redistribute or sublicense the App. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). These Terms will govern any upgrades provided by A.J. Billig that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
The non-exclusive license granted to you herein is effective until terminated. Your rights under the license granted hereunder will terminate automatically or otherwise cease to be effective without notice from A.J. Billig if you fail to comply with any term(s) set forth herein. Upon the termination of the license granted hereunder, you shall cease all use of the App and destroy all copies, full or partial, of the App. These Terms will continue to apply to the App, Web Platform and Services after termination to the extent that you retain the App and attempt to use the Services.
5. REGISTRATION AND PARTICIPATION IN AUCTIONS / BIDDING
Any bid that you place through the App in an auction is a legally binding offer to purchase the real or personal property being auctioned. Your bid (i.e., offer) may be accepted by the auctioneer, in which case a legally binding agreement will be in place between you and the Seller. The terms, conditions, and disclaimers of A.J. Billig for that specific auction will be part of the foregoing agreement. Where the foregoing agreement references a deposit deadline or other timeframe measured from the date/time of contract execution, the date and time on which the auctioneer accepts the winning bid shall be deemed to be the date/time of contract execution.
All bids shall be deemed pending unless and until duly accepted by the auctioneer.
The auctioneer has the sole and absolute discretion to advance the bidding, including the discretion to reject any bid which the auctioneer believes does not advance the auction and/or is injurious to the auction. Bids that may be rejected include without limitation bids that appear to the auctioneer to be nominal, suspicious and/or suspect.
No bid shall be deemed a valid bid unless and until accepted by the auctioneer.
All bids are accepted at the sole discretion of the auctioneer. For any given auction, the successful bidder is deemed the bidder that places the bid that is accepted by the auctioneer.
The auctioneer shall have sole discretion in deciding the successful bidder in the event of a bidding dispute. The auctioneer's determination of the successful bidder shall be the final determination of the successful bidder.
If you are the successful bidder, you agree to pay the amount of your bid, all applicable taxes set by law, and any commissions, premiums, and other expenses that are set forth in A.J. Billig’s terms and conditions, including any terms and conditions that may be orally announced by the auctioneer at the auction. YOU AGREE TO INDEMNIFY AND HOLD A.J. BILLIG HARMLESS FROM AND AGAINST ANY AND ALL COSTS, EXPENSES, LOSSES, AND DAMAGES (COLLECTIVELY "DAMAGES"), INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY'S FEES, A.J. BILLIG MAY INCUR WITH RESPECT TO YOUR FAILURE TO PAY ALL AMOUNTS THAT YOU ARE LEGALLY REQUIRED TO PAY AS THE SUCCESSFUL BIDDER.
It is possible during an auction that a bidder using the App or Web Platform may be indicated as a high bidder when in fact the winner attended the auction in person or vice versa. A.J. Billig makes the final determination and holds the official records of winning bidders and final hammer prices. The listings on the App or Web Platform regarding final hammer prices and winning bids are unofficial.
All sales are final upon the determination of the successful bidder by the auctioneer. Sales are not contingent on or subject to financing, appraisal, survey or inspections of any kind.
Unless otherwise expressly provided by A.J. Billig, all property is auctioned and sold in its "as-is", “where-is” condition on the day of the auction. The successful bidder shall make arrangements with A.J. Billig for accepting delivery of any personal property that is purchased at an auction. Any shipping expenses shall be governed by A.J. Billig’s terms and conditions for the given auction.
There shall be no returns or exchanges except as may be expressly permitted in writing by A.J. Billig under its terms and conditions for the given auction.
6. RESTRICTIONS ON APP AND WEB PLATFORM USE
You may use the App and Web Platform only for lawful purposes and in accordance with these Terms. You agree not to use the App or Web Platform:
7. REAL ESTATE BROKERAGE SERVICES / NO AGENCY
Neither A.J. Billig, nor the auctioneer employed by A.J. Billig to conduct any auction is your employee, agent, representative, or contractor with respect to any auction in which you may participate. By using the App or Web Platform you agree to all of the terms, conditions, and disclaimers of A.J. Billig for the specific auction in which you are placing a bid.
8. DISCLAIMERS / RELIANCE ON INFORMATION POSTED
The information presented on or through the App and Web Platform is made available solely for general information purposes. It is not intended as and does not constitute legal advice and should not be acted on as such. Although this information has been obtained from sources deemed reliable and is believed to be accurate, we do not warrant the accuracy, completeness, or usefulness of this information, including but not limited to information regarding dimensions, square footage or acreage, zoning use or environmental conditions for any specific property listed. 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 App and Web Platform, or by anyone who may be informed of any of its contents. Prospective purchasers are encouraged to perform their own due diligence, in advance of the auction/sale, regarding the permitted uses of the property.
Unless otherwise expressly provided by A.J. Billig, all property is auctioned and sold in its "as-is", “where-is” condition on the day of the auction. It is the responsibility of the prospective purchaser to determine the nature, condition, and state of title of the property to be purchased at the sale.
9. CHANGES TO THE APP AND WEB PLATFORM / AVAILABILITY AND ACCESS
We may update the content on the App or Web Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the App or Web Platform may be out of date at any given time, and we are under no obligation to update such material. We reserve the right to withdraw or amend this App or Web Platform or any Service or any material we provide on the App or Web Platform, in our sole discretion without notice.
Authority to cancel any sale advertised on the App or Web Platform rests solely with the Seller and/or the Trustee and/or Auctioneer. Prospective buyers should disregard all other statements and comments made by any other person or entity regarding minimum bids, pricing and cancellations of the sale. Additional terms may be announced at the time of sale. The Seller(s) and/or Truste(es) reserve: (1) the right to accept or reject any or all bids; (2) the right to modify or waive the requirements for bidders' deposits and terms of sale and/or settlement; (3) the right to withdraw a property from sale before acceptance of the final bid; and (4) the right to cancel or postpone a sale.
Neither A.J. Billig nor A.J. Billig’ Licensor provide support services for the App. Neither A.J. Billig, A.J. Billig’s Licensor, nor the auctioneer shall be held responsible for a missed bid or the failure of the App to function properly for any reason. You acknowledge that the App may not be operational at any given time for various reasons, including repairs, maintenance, upgrades to the App, and many causes that are not within the control of A.J. Billig, A.J. Billig’s Licensor, or the auctioneer, including without limitation power failures, defects in third-party equipment, and acts of God. In the event that the App fails to properly operate for any reason during any auction, thus preventing you from placing a bid, you acknowledge and agree that you are subject to the limitation of liabilities set forth above.
Use of the App requires an Internet connection or cell service and may result in charges from your cellular service provider. We are not responsible for any such charges. YOU ARE RESPONSIBLE TO OBTAIN CELLULAR AND INTERNET SERVICE NECESSARY TO USE THE APP, WEB PLATFORM AND SERVICES. A.J. BILLIG DOES NOT WARRANT OR GUARANTEE THAT COMMUNICATION FUNCTIONALITY WILL BE AVAILABLE AT ANY PARTICULAR TIME OR PLACE. A.J. BILLIG IS NOT RESPONSIBLE TO FOR ANY ACTS OR OMISSIONS OF YOUR CELLULAR COMMUNICATION SERVICE PROVIDERS, OR UNAVAILABILITY OR ERRORS ASSOCIATED WITH THEIR SYSTEMS OR SERVICES. WE WILL NOT BE LIABLE TO YOU IF FOR ANY REASON ALL OR ANY PART OF THE APP OR WEB PLATFORM IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.
10. GEOGRAPHIC RESTRICTIONS
The owner of the App is based in the state of Maryland in the United States. We provide the App for use only by persons located in the United States. We make no claims that the App or any of its content is accessible or appropriate outside of the United States. Access to the App may not be legal by certain persons or in certain countries. If you access the App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
11. INFORMATION DISCLOSURE
a) Disclosure under Law. Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, including personally identifiable information, or to edit, refuse to allow or to remove any information or materials, in whole or in part, in Company’s sole discretion.
b) Providing Correct Personal Information. In the course of using the App or Web Platform, you may be asked or required to enter certain information, including without limitation personal information including but not limited to your name, email address, your physical address, your phone and/or fax number(s), and your company name and title, and sensitive financial information including but not limited to payment account information and credit card information (collectively, “Information”). You represent and warrant that you will provide Company with full, true and correct Information, and to update such Information on the App or Web Platform promptly as reasonably necessary and as required by the App or Web Platform. You agree that all Information you provide to this App or Web Platform is governed by our Privacy Policy, and you consent to all actions we take with respect to your Information consistent with our Privacy Policy.
12. ACCESSING THE APP AND WEB PLATFORM AND ACCOUNT SECURITY
If you choose, or are provided with, a user name, password, or any other piece of information as part of the registration process for the App or Web Platform, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and you agree not to provide any other person with access to the App or Web Platform or portions thereof using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, or to terminate or suspend your access to all or part of the App or Web Platform, 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.
13. INTELLECTUAL PROPERTY RIGHTS
The App or Web Platform 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 by A.J. Billig, 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 or laws.
These Terms permit you to use the App or Web Platform to receive informational content, register, review details of selected upcoming auctions, and place bids in auctions for which A.J. Billig elects, in its sole discretion, to accept online bids. 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 App or Web Platform, except as follows:
You must not:
No right, title, or interest in or to the App or Web Platform or any content on the App or Web Platform is transferred to you, and all rights not expressly granted are reserved by A.J. Billig. Any use of the App or Web Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
14. TRADEMARKS
The A.J. Billig name, logos, and all related names, logos, product and service names, designs, and slogans, whether registered or not, are trademarks of A.J. Billig. You must not use such marks without the prior written permission of A.J. Billig. All other names, logos, product and service names, designs, and slogans on this App or Web Platform are the trademarks of their respective owners.
15. FEEDBACK
If you provide us with materials such as comments, bug reports, feedback or modifications proposed by you to us, about A.J. Billig., the App, Web Platform, or the Services (collectively, “Feedback”), then A.J. Billig will have the right to use such Feedback at our discretion, including but not limited to incorporating such Feedback into the App or Web Platform and the right to assign, license or otherwise use such Feedback. You hereby give A.J. Billig a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate such Feedback and use such Feedback for any purpose. No compensation will be paid with respect to the use of your Feedback.
We have the right to:
16. LINKS FROM THE APP OR WEB PLATFORM
If the App or Web Platform 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 App or Web Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
17. DISCLAIMER OF WARRANTIES
You acknowledge and agree that we cannot and do not guarantee or warrant that files available for downloading from the internet or the App or Web Platform 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. IN NO EVENT SHALL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR WEB PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR WEB PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE APP OR WEB PLATFORM, THE CONTENT THEREON, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR WEB PLATFORM IS AT YOUR OWN RISK. THE APP OR WEB PLATFORM, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR WEB PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER A.J. BILLIG NOR ANY PERSON ASSOCIATED WITH A.J. BILLIG MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP OR WEB PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER A.J. BILLIG NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE APP OR WEB PLATFORM, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR WEB PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR APP OR THE SERVER THAT MAKES EITHER AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP OR WEB PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR WEB PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
A.J. BILLIG 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.
14. LIMITATION ON LIABILITY
IN NO EVENT WILL A.J. BILLIG, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP OR WEB PLATFORM, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE APP OR WEB PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. INDEMNIFICATION
You will indemnify, defend (or settle) and hold harmless A.J. Billig, its affiliates, board members, officers, employees, and agents ("A.J. Billig Entities") from all claims, actions, proceedings, losses, settlements, judgments, liabilities, suits, damages, disputes or demands, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, and including reasonable attorney's fees and all other costs, fees, and expenses (collectively, “Claims”) against any of the A.J. Billig Entities arising out of or in connection with (a) your use of our Services, including any property listing data provided on the App or Web Platform; (b) violation of these Terms; or (c) violation of any law or third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secret, right of privacy or publicity or any other third party right). You will not settle any indemnified claim without the prior written consent of A.J. Billig, such consent not to be unreasonably withheld. In connection with any Claims that may give rise to your indemnification obligations as set forth above, the A.J. Billig Entities shall have the exclusive right, at their option, to defend, compromise and/or settle the suit, action or proceeding, and you shall be bound by the determination of any suit, action or proceeding so defended or any compromise or settlement so effected. The remedies provided in this section are not exclusive of and do not limit any other remedies that may be available to the A.J. Billig Entities pursuant to this section. The terms of this section shall survive the termination of your relationship with us and/or registration for our Services.
16. CHOICE OF LAW; JURISDICTION AND VENUE; WAIVER OF JURY TRIAL
These Terms are governed by the laws of the United States of America and the State of Maryland, excluding any law or conflicts of law principle that would apply the law of another jurisdiction. You hereby consent to the exclusive jurisdiction and venue of courts in Baltimore, MD in all disputes arising out of or relating to the use of the App or Web Platform or under these Terms; provided, however, that in the event A.J. Billig is sued or joined by a third party in any other court or in any other forum in respect of any matter which may give rise to a claim by us hereunder, you consent to the jurisdiction of such court or forum over any claim which may be asserted by us therein. You irrevocably consent to the exercise of personal jurisdiction by such courts in any such action. In addition, and notwithstanding the foregoing, you irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment in any such suit, action or proceeding brought in any such court shall be conclusive and binding upon you and may be enforced in any court in which you are subject to a jurisdiction by a suit upon such judgment. Use of the App and Web Platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. A.J. Billig and you each hereby waive the right to a trial by jury in any court and in any suit, action or proceeding, whether in tort, contract, or otherwise, in which any such party is a party, as to any claim arising out of or in connection with these Terms, your or our rights and obligations under these Terms, the App or Web Platform, use of the App or Web Platform, and/or the Services and/or products that may be provided by or through or in connection with the App or Web Platform.
17. MISCELLANEOUS
Entire Agreement. These Terms, along with the online Terms of Use and Privacy Policy constitute the sole and entire agreement between you and A.J. Billig regarding the App and Web Platform, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App or Web Platform.
No Joint Venture. You agree that no joint venture, partnership, employment, or agency relationship exists between you and A.J. Billig as a result of these Terms or your use of App or Web Platform.
Headings. Section headings and other captions in these Terms are used solely for the convenience of the parties, have no legal or contractual significance, and shall not be used in interpreting, construing, or enforcing any of the provisions of these Terms.
Survival. The provisions of the following sections shall survive any termination or expiration of these Terms: Disclosure Under Law, Disclaimers, Indemnification, Intellectual Property, Choice of Law, Jurisdiction and Venue, Waiver of Jury Trial, and Miscellaneous.
No Waiver. Our failure to enforce any provision of these Terms will not be construed as a waiver or limitation of our right to subsequently enforce and compel strict compliance with that provision or any other provision of these Terms.
Severability. If any provision of these Terms 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 will continue in full force and effect.
Assignment. No assignment, delegation or other conveyance of these Terms may be made by you (by operation of law or otherwise) without our prior written consent, to be given in our sole discretion. A.J. Billig may assign its rights and obligations hereunder to any other party.
Statute of Limitations. Any cause of action you may have with respect to your use of the App or Web Platform must be commenced within one year after the claim or cause of action arises; thereafter, any such claim will be forever barred, without regard to any contrary legislation, rule, or other authority.
Agreement Binding. In the event that any provision of these Terms is deemed to be unenforceable, said provision will be interpreted to reflect the original intent of the parties in accordance with applicable law, and the remainder of these Terms will continue in full force and effect.
Notices. Notices to A.J. Billig under these Terms shall be sufficient only if in writing and transmitted via personal delivery, delivered by a major commercial rapid delivery courier service, or mailed, postage or charges prepaid, by certified or registered mail, return receipt requested, to A.J. Billig & Co., 6500 Falls Road, Baltimore, MD 21209, with such notices being effective as of the date of actual, confirmed receipt by us. Notices to you are deemed effective if sent to the email, SMS phone number, fax, mail address or other contact information provided by you during use of the App or Web Platform or Services, and are deemed effective upon the earlier of being confirmed received or one day after having been sent.