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DISCLAIMER AND USER AGREEMENT

 

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:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

 

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 COLLECTOR NOR CONTRACTOR SHALL BE LIABLE FOR DAMAGES IN THE EVENT THAT YOU ARE UNABLE TO MAKE A SUCCESSFUL BID FOR ANY REASON;

 

2)     THE MAXIMUM LIABILITY OF TAX COLLECTOR AND CONTRACTOR SHALL BE LIMITED TO THE AMOUNT OF DELINQUENT TAXES ACTUALLY PAID TO TAX COLLECTOR BY YOU FOLLOWING A SUCCESSFUL BID; AND

 

3)     TAX COLLECTOR OR CONTRACTOR SHALL NOT BE LIABLE FOR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY ANTICIPATED RETURN OF/ON INVESTMENT IN THE FORM OF INTEREST THAT MAY HAVE BEEN REALIZED BY A SUCCESSFUL BIDDER.

 

TAX COLLECTOR DISCLAIMS ANY WARRANTY THAT THE WEBSITE AND INFORMATION PRESENTED ON IT ARE FREE OF VIRUSES OR OTHER FORMS OF MALICIOUS CODE.  TAX COLLECTOR WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM VOLUNTARY SHUTDOWN OF THE WEBSITE BY ITS AGENTS TO ADDRESS COMPUTER VIRUSES, DENIAL-OR-SERVICE ATTACKS, OR OTHER SIMILAR PROBLEMS.  TAX COLLECTOR SHALL NOT BE LIABLE FOR ANY DAMAGE TO USER’S PROPERTY ALLEGED TO HAVE RESULTED FROM USER’S USE OF THE WEBSITE.

 

TAX COLLECTOR, SHALL NOT BE LIABLE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH TAX COLLECTOR DOES NOT HAVE DIRECT AND EXCLUSIVE CONTROL, INCLUDING, BUT NOT LIMITED TO, PROBLEMS CONCERNING THE WEBSITE; INTERNET; UNAUTHORIZED INTERCEPTION OF EMAIL; COMPUTER AND COMMUNICATIONS EQUIPMENT AND SOFTWARE; MALICIOUS AND/OR CRIMINAL ACTS OF UNAUTHORIZED USERS AND OTHER THIRD PARTIES.

 

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 AND UPDATE INFORMATION PROVIDED BY TAX COLLECTOR. 

 

Exceptions

 

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.

 

Reasonableness

 

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.

 

Other parties

 

(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.

 

Unenforceable provisions

 

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.

 

Governing Law/Venue/Jurisdiction

 

This agreement shall be governed and interpreted in accordance with the laws of the State of FLORIDA without regard to its choice of law provision.  Exclusive venue for any litigation arising under this Disclaimer shall be in the state and/or federal courts of Martin County, Florida.  User agrees to submit to the personal jurisdiction of the state and or federal courts of Martin County, Florida.

 

 

PRIVACY POLICY

Revised 03/20/2014

 

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:

 

  • information about your use of this website (including internet address);
  • information that you provide using for the purpose of registering with the website  (including 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 );
  • information about transactions carried out over this website (including access  details to all screens);
  • information that you provide for the purpose of subscribing to the website services  (including email addresses and contact information);
  • any other information that you send to Tax Collector or Contractor.

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:

 

  • administer this website;
  • personalize the website for you;
  • enable your access to and use of the website services;
  • publish information about you on the website;
  • send you statements and invoices;
  • collect payments from you; 
  • send you marketing communications.

 

(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.

 

(D)        Tax 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 IRS Form W-9/W-8, electronic payment authorization and eventual production of 1099/1042 forms on redeemed certificates.

 

(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

 

Tax Collector and Contractor may update this privacy policy by posting a new version on this website. 

You should check this page occasionally to ensure you are familiar with any changes. 

 

Other websites

 

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.

 

Contact 

 

If you have any questions about this privacy policy or treatment of your personal information, please contact us through the support link on the website.