This Disclaimer and User Agreement governs the relationships between the User (hereinafter “User,” “You” or “Your”), West Florida Business Systems (hereinafter “Contractor”) and the Tax Collector of Martin County, FLORIDA, conducting sales of tax certificates or tax lien certificate (hereinafter “Tax Collector” or “Seller”). Before using this site to bid on tax certificates or tax liens, you must agree to the terms and conditions of this User Agreement by checking the “I Agree to the Terms of Sale” check box when logging in.
1. License for Use of Information.
By completing the registration process and agreeing to the terms and conditions of this User Agreement and the Electronic Bidder Policy, the User will be granted a non-exclusive license to access and use the information that appears on this website for the sole purpose of bidding on tax certificates or tax lien certificates offered by the Seller. This license is granted to the User personally and to the User’s employees and agents, and may not be transferred to any third party other than the Seller and Contractor. The software used to create and maintain the information is the sole and exclusive property of Contractor, and neither the software nor the information presented by Seller and Contractor may be altered, sold or distributed by the User in any way.
2. User Representations and Warranties.
(A) User shall be solely responsible for the protection and use of the User IDs and passwords obtained from Seller and Contractor, and will notify Seller and Contractor immediately in the event of theft or unauthorized use of IDs and passwords.
(B) User will follow all instructions for use posted on the Web Site, as well as all state and federal laws and county ordinances pertaining to the purchase of tax certificates at auction.
(C) User agrees to be bound and obligated to the Seller for the amount of delinquent taxes associated with each tax certificate for which User is the successful bidder.
(D) User warrants that he/she is of legal age to enter into binding contracts, and/or that he/she is legally authorized to act as agent on behalf of any employer or principal to whom a license for use of the information presented by Seller and Contractor has been granted.
(E) User represents and warrants that all information provided by User to the Seller and to Contractor for the purpose of bidding on tax certificates is truthful and accurate to the best of his/her knowledge.
(F) User warrants that he/she has read all information provided by the Seller and Contractor pertaining to the bidding process and that he/she understands and accepts the obligations incurred by bidders, before User participates in the bidding process.
(G) Users of the web site for the Tax Collector Sale will at their own risk rely upon the accuracy of any information displayed. Tax Collector and Contractor will not be liable for any harm, financial or otherwise, that may befall users who act in reliance on such information.
(H) Tax Collector and Contractor are not responsible for the accuracy or completeness of the information displayed on the web site for the Tax Collector Tax Sale that was obtained from third parties, including the property appraiser and any others. Since the tax sale software application's displays and computations are based upon such information, Tax Collector and Contractor cannot pledge that any such information will be completely accurate.
(I) The Martin County Tax Sale is provided “as is” without any representations or warranties, express or implied. Neither Tax Collector nor Contractor makes any representations or warranties in relation to this website or the information and materials provided on this website.
(J) Without prejudice to the generality of the foregoing paragraph, Tax Collector and Contractor do not warrant that: this website will be constantly available or available at all; or the information on this website is complete, true, accurate or non-misleading.
(K) Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal or financial matter you should consult an appropriate professional.
Limitations of Liability
Tax Collector and Contractor will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
These limitations of liability apply even if Tax Collector and Contractor have been expressly advised of the potential loss.
USER AGREES THAT
1) NEITHER TAX
2) THE MAXIMUM
LIABILITY OF TAX COLLECTOR
3) TAX COLLECTOR OR
CONTRACTOR SHALL NOT BE LIABLE FOR CONSEQUENTIAL DAMAGES OF ANY
TAX COLLECTOR DISCLAIMS ANY WARRANTY
THAT THE WEBSITE
TAX COLLECTOR, SHALL NOT BE LIABLE
FOR ANY LOSS RESULTING FROM A CAUSE
TAX COLLECTOR SHALL NOT BE LIABLE
FOR INTERRUPTIONS TO ACCESS OF INFORMATION OR FOR SUSPENSIONS IN THE BIDDING
PROCESS CAUSED BY WEBSITE MAINTENANCE OR THE NEED TO ALTER
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Tax Collector or Contractor’s liability in respect of any: death or personal injury caused by the gross negligence of Tax Collector or Contractor; fraud or fraudulent misrepresentation on the part of Tax Collector or Contractor; or matter which it would be illegal or unlawful for Tax Collector or Contractor to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
(A) You accept that, Tax Collector has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Ruth Pietruszewski, Contractor, or Ruth Pietruszewski’s officers or employees in respect of any losses you suffer in connection with the website.
(B) Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Tax Collector’s officers, employees, subsidiaries, successors, assigns and sub-contractors.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
This agreement shall be governed and
interpreted in accordance with the laws of the State of
Your privacy is important to Tax Collector and Contractor. This privacy statement provides information about the personal information that Tax Collector or Contractor collects, and the ways in which Contractor uses that personal information.
Personal information collection
Tax Collector and Contractor may collect and use the following kinds of personal information:
Using personal information
Subject to the provisions of Florida’s broad public records law:
(A) Tax Collector and Contractor may use your personal information to:
(B) Where Tax Collector or Contractor disclose your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.
(C) In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, Tax Collector and Contractor may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.
Collector and Contractor will treat tax identification numbers (which include
both social security and employer identification numbers) and personal
financial information including, for example, credit card numbers and bank
account information as confidential. This kind of information is required for
purposes of completing the online
(E) Except for Minimum Percent Bids submitted by a bidder, all information entered on Web Site, as well as all computations based upon bids submitted, will be accessible to the Tax Collector and registered users, and may be disclosed to third parties by Seller pursuant to "right to know" or "freedom of information" requests.
(F) The Tax Collector does not have access to minimum bid percentages submitted by a bidder, and thus is not able to supply this information based on a public records requests.
(G Subject to the provisions of Florida law, Tax Collector and Contractor will keep this information confidential and will not divulge such information to third parties unless mandated to do so by a court of competent jurisdiction.
(H) Tax Collector and Contractor will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information.
(I) The Tax Collector for Martin County and Contractor will store all the personal information you provide on its secure servers.
(J) Information relating to electronic transactions entered into via this website will be protected by encryption technology.
Updating this statement
You should check this page occasionally to ensure you are familiar with any changes.
This website contains links to other websites.
Ruth Pietruszewski as Tax Collector for Martin County or Contractor is not responsible for the privacy policies or practices of any third party.