Last updated: May 8, 2017
Use of Site
This Website exists to facilitate the auctioning of real property that has been foreclosed for delinquent real property taxes in the State of Michigan in accordance with MCL 211.78 et seq. as well as other surplus real property. This Website is provided solely for the use of Title Check’s current and future customers and potential customers to provide you with information about our company, to permit you to use our products and services, and to enable you to contact us with any questions or comments that you may have. Any other use of this Website is prohibited. By way of example, you are prohibited from using any features of this Website or information contained on this Website to:
- Compile, reorganize, or otherwise aggregate foreclosed property information for any purpose other than to assist you with the research and diligence necessary, in good faith, to purchase tax-foreclosed real property that is auctioned in association with this Website;
- Solicit, target, or otherwise contact parties who formerly held an interest in tax-foreclosed lands;
- Facilitate any type of illegal activity or enterprise;
- Redistribute materials subject to trademark, copyright, or violate other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
Site Content and Ownership
The information contained within this Website, including all images, designs, photographs, writings, graphs, data, and other materials (“Materials”) are the property of Title Check LLC and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to display, copy, distribute, download, and print portions of this Website solely in accordance with the authorized uses described above. You must retain all copyright and other proprietary notices on all copies of the Materials. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the Materials. Except as provided in this Agreement, we do not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
User Generated Content or Information
You grant us and our Providers a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, modify, re-format, re-arrange, and distribute your content provided to or through this Website. This license is limited to the purpose of us and Providers providing this Website, the Materials, and our products and services to you and other users and customers.
Disclaimer of Warranty
You expressly agree that use of this website is at your sole risk. Neither we, our affiliates, nor any of our officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this Website will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Website, or as to the accuracy, completeness, reliability, security, or currency of the Materials.
The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, we do not warrant reliability of any statement or other information displayed or distributed through the site. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the site. We may make any other changes to this Website, the Materials and the products, services, programs, or prices (if any) described within this Website at any time without notice.
This Website and the information, content, and materials contained within this Website are provided on an “as is,” “where is,” and “where available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of this Website, the content, information, services, or the materials contained within this Website. To the fullest extent permissible under applicable law, we expressly disclaim all warranties, express or implied, of any kind, with respect to any of the materials, content, or information within this Website or any goods or other products or services offered, sold, or displayed within this Website or your use of this Website generally, including warranties of merchantability, accuracy of information, quality, title, fitness for a particular purpose, and non-infringement. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to the extent such jurisdiction’s law applies to this agreement.
Limitation of Liabilities
You agree that we and our Providers shall not be liable for any damage, loss, or expense of any kind arising out of or resulting from your possession or use of the materials, content, or information within this Website regardless of whether such liability is based in tort, contract, or otherwise. In no event, including, without limitation, a negligent act, shall we or any of our providers be liable to you for any direct, indirect, special, incidental, consequential, or punitive damages (including, without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business), arising out of or in any way related to the materials, content, or information within this Website or any other products or information offered, sold, or displayed within this Website, your use of, or inability to use, this Website generally, or otherwise in connection with this agreement, regardless of whether we or any of our providers have been advised of the possibility of such damages. Because some states do not allow the limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
You agree to indemnify, defend, and hold harmless us, our affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
No Use By Minors
You may use this application only if you are over the age of majority in your jurisdiction. This application is not directed to people under the age of 13. If you become aware that your child has provided us with personal information without your consent, please contact us at firstname.lastname@example.org. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child’s account.
Copyright Infringement Notification
Pursuant to 17 U.S.C. § 512(c)(3), to file a copyright infringement notification with us, please send a written communication that substantially includes the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are alleged to have been infringed under a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing, or to be the subject of infringing activity, and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Providing URLs is the best way to help us locate content quickly.
- Information reasonably sufficient to permit us to contact you as the complaining party, such as an address, telephone number, and, if available, an email address at which you may be contacted. Providing an email address is the best way for us to contact you quickly.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our General Counsel at email@example.com. Please note that under 17 U.S.C. § 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Please also be advised that we enforce a policy that provides for the termination of the accounts of users who are repeat infringers.
Pursuant to 17 U.S.C. § 512(g)(3), if you have been notified that material posted by you has been removed from Website subject to a copyright infringement notification above, you may elect to send us a counter notice that such removal was done so by mistake or misidentification. To be effective, such counter notice must be a written communication that substantially includes the following information:
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for the judicial district in which we are located, and that the subscriber will accept service of process from the person who provided the original copyright infringement notification or an agent of such person.
Such written notice should be sent to our General Counsel at firstname.lastname@example.org. Please note that under 17 U.S.C. § 512(f) any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Limitations on Claim
Any cause of action you may have with respect to your use of this Website must be commenced within one year after the claim or cause of action arises.
Term and Termination
Without limiting other remedies that may be available to us, we may immediately discontinue, suspend, terminate, or block your and any user’s access to this Website at any time in our sole discretion.
As a convenience to you, we may provide within this Website links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this Website. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by us. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by us. We do not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by us. Links do not imply that we or this Website’s sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of ours or any of our affiliates or subsidiaries. Except for links to information authored by us, we are neither responsible for nor will we be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. We reserve the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.
Controlling Law, Jurisdiction, and International Users
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-law provisions. We make no representation that the materials on this Website are appropriate or available for use outside the United States. If you access this Website from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this Website. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Kalamazoo County, Michigan for any disputes with us arising out of your use of this Website.
Auction Rules and Regulations
In addition to this Agreement, each auction conducted on or in association with this Website shall be governed by the specific Rules and Regulations applicable to that auction. In most cases, the Rules and Regulations for a specific auction will be the same as our Standard Rules and Regulations in place at such time. The most recent Standard Rules and Regulations can be found here. However, Rules and Regulations may vary as reflected in the official Sale Book for each auction. A link to an electronic copy of the pertinent auction Sale Book is available at the top of each auction catalog page. Each auction catalog page is accessible on this Website at https://www.tax-sale.info/listings/catalog/[insert_applicable_catalog_id_here]. The definitive version of the Rules and Regulations for each auction shall be the Rules and Regulations contained in the Sale Book that is hyperlinked within that specific auction’s catalog page(s) on this Website and which is also distributed at the physical auction location on the day of sale, subject to any modifications or amendments as provided for therein. The digitally linked and printed Rules and Regulations for each auction are intended to be identical. However, if a discrepancy exists, the printed version distributed at the physical auction location shall control. Insofar as your use of this Website relates to a specific auction conducted on or in association with this Website, the official Rules and Regulations for such auction shall be considered part of this Agreement. Uses of this Website that relate to a specific auction include but are not limited to live and/or absentee bidding, accessing catalog and lot listings associated with such auction including all photos and information provided therein, and tendering payment for lots upon which you are the winning online-bidder. This Agreement as well as the applicable Rules and Regulations incorporated by reference as explained above are intended to be interpreted in a compatible manner. To the extent that this Agreement and the applicable Rules and Regulations may conflict, the applicable Rules and Regulations shall control.
This Agreement constitutes the entire agreement between us and you with respect to this Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to this Website except as may be specifically provided for in the applicable Rules and Regulations for each specific auction conducted on or in association with this Website and only to the extent that such Rules and Regulations are applicable. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Modifications to Agreement
We may occasionally update this Agreement. The most current version of this Agreement (noted in the “Last Updated” line above) will govern your use of the Website and will be located here. If we make material changes to this Agreement, we will notify you of such changes and ask for your renewed agreement to the updated version.
Electronic Communications and Electronic Signatures
You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from us solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.