CROSSBID SITE TERMS OF USE

CrossBid, LLC (“CrossBid”) offers you (“you” or “User”) access to this website (the “Crossbid Site”) based upon the terms contained in this Terms of Use Agreement (the “Agreement”).  By using the Market Place Site, or by clicking the “I Accept” button below, you agree and accept each of the terms contained in the Agreement.

1. Registration:  You may browse the Crossbid.com Site for free and without registering.  In order to use the Crossbid.com listing site, you must follow the registration procedure.  When you register at the Crossbid Site, you must choose a username and password.  You are responsible for the safekeeping and confidentiality of your username and password and are not to disclose any username or password to a third party or to use the username or password of any other user.  You are responsible for all activity that occurs under your Crossbid account.  In the event your account is breached or accessed by someone other than you, you must contact CrossBid immediately.
   
   Registration is not available to those who cannot form a legal contract, minors under 18 years of age, or to those whose account has been temporarily or permanently suspended.  If you are not legally competent to enter into a binding contract, you must not use or visit the Crossbid Site.  CrossBid reserves the right to cancel the account of any User that violates the Agreement.  CrossBid reserves the right to refuse registration or access to its site, to anyone, at any time, in its sole discretion.
2. User Representations and Restrictions: Each User is responsible for the content that he or she posts or uploads to the Crossbid Site.  You represent and warrant that in using the Crossbid Site 
   • you shall abide by all applicable civil and criminal laws; 
   • you will deliver payment, together with any applicable sales tax, for items purchased by you in the ordinary course; 
   • you will pay any fees owed to CrossBid and will not circumvent or manipulate our fee structure or billing process; 
   • you own or have a license for any information uploaded by you on the Real Estate Site
   • you agree to allow Crossbid to make all offers public to any buyers who have submitted offers or have your offer made visible to other buyers who have submitted offers
   • you will not post or display any offensive language, or content designed or intended to incite violence or criminal conduct.
3. Risks of Transaction:  The Crossbid Site provides a venue where Sellers may list for sale, or for purchase, real estate/and or equipment in accordance with these terms.  CrossBid only provides a service and does not participate in any transaction of items on this Site.  Users assume all risks involved in every transaction. CrossBid and their affiliates do not control or guarantee the quality, safety, authenticity, good or marketable title, or legality of any listing or item sold.  CrossBid and their affiliates do not control or guarantee the truth or accuracy of any listings, or that every transaction will be completed.  CrossBid does not transfer legal ownership of items to the buyer and makes no implied or express warranties.  All items are sold AS IS with all faults and with no warranty of any type expressed or implied as to the merchantability or fitness for a particular purpose unless stated otherwise in the terms. All buyers are urged to physically inspect the real estate/equipment during the inspection period.
4. Posted Closing Times:  CrossBid reserves the right to close early or extend an “offer period” according to the Listing Agent and/or its Seller discretion
5. Right to Terminate Purchase: If, for any reason, CrossBid is unable to complete the sale of any purchase to buyer or provide such purchase free and clear of liens, even if the buyer was given notice that he is the high bidder and purchaser, CrossBid. may terminate the purchase, in which case CrossBid's only liability shall be the return of any monies actually paid by buyer for the item.
6. Term: The Agreement, and any amendments, shall govern your relationship with CrossBid and use of this Site for the period of time that you use the Crossbid Site and shall survive beyond the end of your use.
7. Changes: By using the Crossbid Site, you accept and agree to be bound by each of the terms contained in the Agreement, which may be modified in accordance with this section.  Non-material changes may be made by CrossBid at any time.  CrossBid will notify Users in advance of any material change to this Agreement and require that you accept the amended Agreement.  Your access to and use of the Crossbid Site after the effective date of amended terms means that you have accepted the amended terms.  This Agreement cannot be otherwise amended.
8. Privacy:  CrossBid’s privacy policy is incorporated here by reference. By using this Site and providing any data, you consent to the collection and use of such data in accordance with our Privacy Policy. In addition, we expressly reserve the right to use all data generated in connection with this Site in any manner that is consistent with our Privacy Policy, as it is amended from time to time.
9. Links:  If you use links to third party sites, you will leave the Crossbid Site.  CrossBid does not control the linked sites nor is it responsible for the content of any third party linked site, or of any other links contained in such third party site.  CrossBid provides links to you solely for your convenience, and the inclusion of any link is not an endorsement by CrossBid of the site or its contents.  CrossBid expressly disclaims any responsibility and all liability for any other party's linking to this site or in which any part of this site has been hyperlinked.
10. Warranties:  CrossBid will provide the Site services in a professional manner and according to acceptable industry standards.  We provide third party services to you “as is” and “as available” without warranty.  Each party shall comply with all applicable federal, state and local laws pertaining to the use of the Crossbid Site.  CrossBid makes no representation as to the completeness and accuracy of the information contained in the Site.  This information may be incomplete, may contain errors or may become out of date. 
    
    CROSSBID EXPRESSLY AND THEIR AFFILIATES WAIVES ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, INTEGRATION, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING OUT OF COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE.
11. Limitation of Liability:  YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT AS PROVIDED IN SECTION 6, ABOVE, CROSSBID SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE OR ANY LINKED THIRD PARTY SITES.  IN PARTICULAR, CROSSBID SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER AN ACTION ALLEGING SUCH DAMAGES IS BROUGHT IN CONTRACT, NEGLIGENCE OR TORT.
12. Indemnification:  You agree to indemnify, release and hold harmless CrossBid and its respective officers, directors, shareholders, members, employees, agents, heirs, successors in interest, representatives, parents, subsidiaries, affiliates, licensors and content providers from and against any and all liabilities, losses, damages, claims, and expenses, including reasonable legal fees, that may be incurred or suffered by CrossBid arising out of third party claims related to: (a) your obligations under this Agreement, (b) your use of the Crossbid Site or (d) any violation of any law, rule or regulation related to your use of the Crossbid Site.
13. Release:  You hereby release CrossBid and its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates from any and all claims, demands, damages (including direct and consequential) of every kind and nature, known or unknown, disclosed and undisclosed, arising out of or connected with your use of the Crossbid Site.  If you are a California resident, you waive California Civil Code Section 1542.
14. Termination:  CrossBid may immediately terminate this Agreement if: (a) you breach this Agreement, (b) CrossBid terminates or suspends its business, (c) CrossBid becomes subject to bankruptcy or insolvency proceeding under Federal or state statute; (d) becomes insolvent or subject to direct control by a trustee, receiver or similar authority; (e) has wound up or liquidated, voluntarily or otherwise; or (f) you are involved in conduct that CrossBid reasonably believes is likely to damage CrossBid’s Properties or goodwill.
15. Dispute Resolution:  All irresolvable, material differences or disputes which may arise between you and CrossBid concerning this Agreement shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.  The arbitration will take place in Grand Rapids, Michigan, and judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction.  You and CrossBid agree that: (a) arbitrators will be selected with expertise in the area in dispute; (b) punitive damages or other remedies not permitted under this Agreement will be allowed; (c) each party will pay an equal share of the arbitrator’s fees and expenses and bear its own attorneys’ fees, witness fees, and other costs of arbitration; and (d) the arbitration decision will be jointly-submitted for enforcement in Kent County Circuit Court, Grand Rapids, Michigan or in U.S. District Court for the Western District of Michigan, Grand Rapids, Michigan.
    
    Users are responsible for resolving disputes with other Users.  CrossBid has no obligation to review or determine the merit of any complaint.  CrossBid reserves the right to review disputes and/or complaints at its sole discretion.
16. General:
    • These Terms and Conditions constitute the entire agreement between you and CrossBid and supersede all prior agreements and understandings, whether written or oral, with respect to the subject matter of this Agreement.  If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
    • CrossBid will not be liable in any amount to you should its Agreement performance be prevented, restricted or interfered with by circumstances or events beyond its reasonable control.
    • This Agreement will be governed by and construed under Michigan law without regard to its conflict of laws principles.  
    • CrossBid may assign this Agreement
17. Recommendation to Seek Professional Advice. PRIOR TO SIGNING ANY PURCHASE AGREEMENT to buy or sell real estate CrossBid LLC recommends that you consult with an attorney licensed to practice law in the state where the property is located. You alone are responsible for understanding the meaning and the effect of the terms of any contract you sign. CrossBild LLC cannot help you understand these terms, and the information on its website is not a substitute for legal representation. CrossBid LLC, has no fiduciary relationship to you and makes no warranties, guarantees or promises that any purchase agreement or contract you sign complies with state laws where the property is located or is enforceable in a court of law, or will accomplish your intentions. CrossBid LLC recommends that prior to purchasing any real estate that you obtain a policy of title insurance that provides independent evidence of the state of the title to property you plan to purchase. If you are selling your real estate, CrossBid LLC recommends that prior to entering into a contract to sell your real estate, you have good understand of how the potential buyer plans to pay for your property.
18. Real Estate Disclosures
    • You acknowledge that all offers to purchase real estate made through this website will be visible to third parties, including but not limited to CrossBid LLC, its staff and agents, other users of the website, including individuals who have made an offer on the same property that you have made an offer on. You acknowledge and accept that offers to purchase real estate are NOT kept confidential, with the exception of the name of the parties to the transaction.
    • By listing real estate for sale on this website, you agree to only accept offers that are made through this website.
    • If you close on the sale of real estate listed on this website, immediately upon closing you agree to report to CrossBid LLC all information CrossBid LLC determines to be pertinent, including but not limited to the date of closing and the sale price.
    • If you list real estate for sale on this website, you agree to comply with all legal disclosure requirements whether such requirements are the result of applicable state or federal statutes, or local ordinances.
    • By using this website, you understand that CrossBid LLC cannot guarantee that any seller has met its legal disclosure requirements even though CrossBid LLC requires all sellers to do so. If you are considering purchasing property, CrossBid LLC recommends that you do your own independent investigation to determine whether the seller has satisfied all of the seller’s legal disclosure requirements prior to signing any contract to purchase property.
    • If you are buying property or plan to buy property listed for sale on this website, you acknowledge that CrossBid LLC makes no representations regarding the property including but not limited to issues pertaining to zoning, use, taxes, title and the condition of the property.
    • Buying and Selling real estate is a big deal and should not be done without thought, planning and research.