RENTER AND USER
TERMS AND CONDITIONS
Please note: The Site is currently offered under a beta license. Accordingly, changes to the Site and the Auction Platform are likely to occur. You are encouraged to check these Terms and Conditions whenever you visit the Site in order to confirm that the terms are acceptable to you.
Table Of Contents
Who is Subject to This Agreement
These Renter and User Terms and Conditions (the “Agreement”) apply to all visitors, users, Renters (defined below), prospective Renters, guarantors and co-lessees of Renters, and Landlords who access or use the Auction Platform (defined below) or any features or processes offered through or by use of the Auction Platform, or who otherwise use or visit the website located at www.brixbid.com. By accessing or using the Auction Platform, any features or processes offered through or by a user’s use of the Auction Platform, or the Website, you are agreeing to comply with, and be subject to, all terms of this Agreement. Accordingly, it is recommended that you read this Agreement carefully. If you do not agree to all terms of this Agreement, you may not register for an account or otherwise use the Website.
If you are a landlord, please review the
Landlord Terms and Conditions.
You must be eighteen (18) years of age or older to use the Website.
In some cases, a person or entity may be acting as a Landlord with respect to some Properties and a Renter with respect to other properties. In such cases, this Agreement will apply to such person or entity in their capacity as a Renter, and the Landlord Terms and Conditions will apply to such person or entity in their capacity as a Landlord. Such person or entity will, as applicable, have to set up both a Landlord’s Account and a Renter’s Account.
Changes to This Agreement
Company may update or otherwise modify this Agreement at any time. Accordingly, you should review this Agreement before bidding on a Property or otherwise using this Website. By using the Website after any modification to this Agreement has been made, you agree to be bound by such modified Agreement.
2.Definitions Used in This Agreement
Following are definitions used in this Agreement. Terms not defined in this Section are defined elsewhere in this Agreement.
“Auction Close Date” refers to the date and time selected by the Landlord when an auction for a Property listing is scheduled to close. As further described in this Agreement, an auction for a Property may close prior to the Auction Close Date if, for example, a Renter selects the rent-it-now option for such Property or if an auction is cancelled.
“Auction Platform” refers to the online platform made available via the Website that allows prospective Renters to find, bid on, complete rental requirements for (including paying for and completing credit, eviction and criminal background checks), and renting Properties offered by Landlords via such platform. The Auction Platform is not a traditional auction.
“Company”, “us”, “we” and “our” refer to Brixbid Chicago, LLC.
“Fees” is defined in Section 7 (Deposits, Fees and Payment) below.
“Highest Bidder” refers to the Renter who either bids the highest bid for a Property or selects the rent-it-now option for such Property. If, as described in Section 6 (What Happens After an Auction Closes) below, the Highest Bidder’s bid for a Property is rejected by the Landlord, the Runner-Up Bidder may be deemed the Highest Bidder for such Property.
“Landlord” refers to each person who signs up on the Website as a Landlord and each such person’s company. For clarity
“Landlord” refers to owners of rental properties, managers of rental properties, brokers of rental properties, and others acting in the capacity of any of the foregoing, as well as their companies.
“Listing Materials” is defined in Section 5 (Bidding) below.
“Property” and “Properties” refers to rental apartments and rental houses offered by Landlords to Renters via the Auction Platform.
“Residential Lease Agreement” refers to the lease agreement (including all applicable disclosures and riders) for a Property. The Residential Lease Agreement is the residential lease agreement together with all disclosures and addenda for purposes of a Property listing. For clarity, the Residential Lease Agreement is included in the Listing Materials.
“Renter”, “you”, “your” and
“user” refer to each visitor or user of the Website, including each individual who sets up an account on the Website and each user who is using the website to rent or possibly rent a Property. See also the definitions for “Highest Bidder” and “Winning Renter”. If you bid on a Property, those terms may apply to you.
“Renter’s Account” is defined in Section 3 (Renter’s Account and the Auction Platform) below.
“Runner-Up Bidder” refers to a Renter who placed the next-highest bid for a Property.
“Website” refers to the website located at www.brixbid.com, the Auction Platform made available on such website, and all other features and services offered on such website. The Website is offered by Company.
“Winning Renter” refers to the Highest Bidder whose bid is accepted by Landlord as the winning bid for a Property (after the Landlord has received the applicable credit, eviction and criminal background check(s)) and who is notified by Company (via email or another reasonable means of communication) that they have won the auction for such Property.
3.Renter’s Account and the Auction Platform
Opening a Renter’s Account
Certain features on the Website, including the ability to bid via the Auction Platform, may only be used if you have registered for a renter’s account (“Renter’s Account”) on the Website. In order to bid on a Property you must have a valid Renter’s Account. If you sign up for a Renter’s Account, you may then search and bid on Properties offered by Landlords and you may otherwise enjoy the other features offered by Company to Renters who hold valid Renter’s Accounts.
If you wish to sign up for a Renter’s Account, you must provide:
◦ your name,
◦ your email address,
◦ your password selected by you.
Alternatively, you may sign up for a Renter’s Account using your Facebook login credentials. If you use your Facebook login information, you will have to provide additional information to Company (as described below) in order to bid on a Property.
Company may modify, waive, or impose additional registration requirements in its sole and absolute discretion. Company will notify you of any changes or additions to the requirements by modifying the terms of this Agreement and/or by sending an email to you at the email address associated with your Renter’s Account.
If you require assistance with your Renter’s Account, please contact us at
By providing your information, you consent to us contacting you about your interest in, and/or use of, the Auction Platform by email, phone, or by any other reasonable means of contact.
Responsibilities Related to Renter’s Account
You agree to provide accurate and truthful information for your Renter’s Account and to keep all information in your account updated. In opening and using your account, you agree not to misrepresent your identity. You may not transfer your Renter’s Account or authorize others to use your Renter’s Account without the express consent and permission of the Company.
Company does not examine the validity or accuracy of the details in your registration information or in any of your postings or transmissions. Without derogating from the above or any other term of this Agreement, Company may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by a user. Company may also, in its discretion, remove any content that Company believes may violate this Agreement. You shall bear all risks associated with uploading and/or transmitting any and all material while using the Website.
It is your responsibility to maintain the confidentiality and security of your account information. If you ever forget your password, or believe that someone has accessed your account without your permission, it is important that you contact us immediately. You agree to notify us if there has been any unauthorized use of your account or information.
You must comply with all terms and conditions of this Agreement. You are fully responsible and liable for your Renter’s Account including all use and actions committed under your account. By bidding on a Property you represent and warrant that you have sufficient resources to pay the amount of your highest bid for a Property for the rental term plus any security deposit required by the Landlord as well as all other fees that apply to the winning bid.
4.Renter Due Diligence
Renter’s Duty to Review and Inspect the Listing Materials and the Property
If you have a valid Renter’s Account, you may use the Auction Platform to bid on Properties. Prior to bidding on a Property, you should conduct your own due diligence and investigate and learn about the Property that you are interested in renting. You should review the Listing Materials for the Property. The Listing Materials have been provided by the Landlord and have not been independently verified by Company. Listing Materials may not represent the current condition of a Property or the condition of the Property at the time of rental. For the avoidance of doubt, the posting of pictures or other Listing Materials does not constitute a representation or warranty that any items represented in the pictures will be present when a Winning Renter rents a property. It is your responsibility to ensure that you have sufficient Listing Materials and that the Listing Materials are accurate and reliable.
Physical Inspection of the Property
If the Landlord permits a physical inspection, it is your responsibility to conduct a physical inspection of each Property. The Listing Materials may indicate a day and time when a physical inspection of the Property is allowed.
In some circumstances, a Landlord may be unable or unwilling to offer all of the Listing Materials desired by you for your due diligence. Also, a Landlord may not allow any physical access to a Property to allow for an inspection. Accordingly, you must bid on Properties at your own risk. All bids should be based solely on your thorough, independent due diligence.
You are Responsible for Conducting Your Own Due Diligence
You assume all risks associated with performing any due diligence including any failure to perform, and errors in performing, due diligence, and the results of such due diligence.
The Listing Materials for a Property and any and all information made available via the Auction Platform or otherwise via the Website may be modified or removed at any time. Company may, in its discretion, cancel an auction for a Property and any bids submitted for such Property at any time if Company determines that the Property must be removed, and/or a bid or bids must be cancelled in order to avoid injury, damage or liability to Company or to any person or entity, or due to a force majeure event. You should check the Property auction listing frequently for updated information as to Properties, auction event times and locations, auction terms and other matters relevant to each auction.
You may consult with a licensed real estate agent and/or other professional advisor regarding any Property. Company is not a licensed attorney and is not providing any legal advice to any party regarding any aspect of any transaction. Tenant may consult with and retain an attorney regarding the leasing transaction at Tenant’s sole expense. You are solely responsible and liable, and you shall fully indemnify and hold Company harmless, for all costs associated with any such agent or other advisor. Company does not make any warranties regarding the Residential Lease Agreement and any addenda, riders, or disclosures used in any transaction.
Changes to the Listing Materials
A Landlord may change the Listing Materials for a Property if no bid has been received for such Property listing. A Property listing may only otherwise be changed as described in this Agreement.
Landlords Are Not Controlled by Company
You acknowledge and agree that Landlords are not controlled by Company. Company makes no representations or warranties regarding the accuracy of any content or any information provided by any Landlord. Company assumes no responsibility for any act or omission of any Landlord.
Renter Indemnification for Inspections
In connection with any due diligence, inspection, visit and/or investigation of the Property, you shall ensure that you and any person or entity acting on your behalf shall (a) repair all damage arising from inspections; (b) indemnify, defend and hold harmless Landlord and Company from all liability, claims, demands, damages and/or costs directly or indirectly arising therefrom; and (c) carry any required policies of liability, workers’ compensation, and other applicable insurance defending and protecting Landlord and Company from liability for any injuries to persons or property occurring during any inspection.
Files Received from Landlords
The Website may allow users to access files and materials provided by Landlords. It is the user’s responsibility to ensure that the user’s computer scans all files with user’s anti-virus software application prior to opening it.
The Listing Materials
Each Landlord establishes the Landlord’s requirements for bidding on the Landlord’s listed Property. The requirements and information regarding a Property listing are referred to as the
“Listing Materials”. The Listing Materials may include: (a) details regarding the Property listing (including details regarding the size of the Property, the location of the Property, the open date and time for bidding on the Property, the Auction Close Date for such Property); (b) a minimum suggested credit score range for the Property listing (but see the Note below); (c) the security deposit and other deposits and fees charged by Landlord for the Property; (d) photos of the Property and a depiction of the floor plan (if available) of the Property; and (e) the Residential Lease Agreement for such Property.
Company makes no representations or warranties regarding the accuracy of any Listing Materials.
Note: the minimum suggested credit score range is non-binding and subject to Landlord’s review of the Highest Bidder’s and Highest Bidder’s co-lessees’ and guarantor’s (if any) credit, criminal and eviction background checks.
The Residential Lease Agreement will be the document that you sign with the Landlord if you are the Winning Renter. Landlord prepares the Residential Lease Agreement, including all necessary disclosures, riders, and addenda, to be used for a Property Auction at the time Landlord lists a Property on the Auction Platform. It is Renter’s sole responsibility to review and confirm the terms of the Residential Lease Agreement including all disclosures, disclaimers and riders included in such Residential Lease Agreement. Company does not represent or warrant that the Residential Lease Agreement in whole or in part contains all applicable disclosures, disclaimers and riders, or that such agreement is otherwise current or complete, or that such Residential Lease Agreement is legally sufficient or appropriate for the Property, the Winning Renter or any Landlord. Company does not draft the Residential Lease Agreement.
Company is not a party to, or otherwise subject to, any Residential Lease Agreement. Company is not the agent of any Landlord, Renter, or other user, in connection with any leasing transaction. It is your responsibility to ensure that the Residential Lease Agreement for a Property is acceptable to you before you bid on such Property.
Renter expressly acknowledges and agrees that the Residential Lease Agreement (including all disclosures and addenda) is prepared, drafted and uploaded by parties unafilliated with the Company. Company does not review, monitor or manage any Residential Lease Agreement and is not liable or responsible for any Residential Lease Agreement or the consequences of offering or signing any Residential Lease Agreement.
The Residential Lease Agreement shall be signed by Landlord and the Winning Renter via digital signature as described in Section 6
(What Happens after an Auction Closes) below.
Bidding on a Property; Guarantors and Co-Lessees
If you wish to bid on a Property, you must provide:
credit card information in order to pay for the Auction Deposit and for a credit, criminal and eviction background check (if you are the Highest Bidder),
• The billing address associated with your credit card, and
agreement and permission for Company to run the credit, criminal and eviction background check if you are the Highest Bidder.
In addition, if you will have a guarantor and/or one or more co-lessees, you must also provide:
• The name and email address of, as applicable, the guarantor and each co-lessee,
Confirmation that each guarantor and co-lessee has agreed to be a guarantor and/or co-lessee (as applicable) and has acknowledged that each will be subject to, and required to pay for,
a credit, criminal and eviction background check if you are the Highest Bidder, and
As further described below in this Section and in Section 7 below, if you wish to bid on a Property, you must pay the “Auction Deposit” described below
(Auction Deposit), and you will be responsible for paying for a credit, criminal and eviction background check.
By Bidding on a Property you Consent to a Credit, Criminal and Eviction Background Check.
Each Highest Bidder is subject to a credit, criminal and eviction background check as requested by the Landlord. The Highest Bidder is responsible for the cost of such credit, criminal and eviction background check and such cost shall be charged to Highest Bidder’s credit card on file (separate from the Auction Deposit). In addition, each guarantor and co-lessee (if any) named in the Highest Bidder’s bid will be subject to, and will be charged for, a credit, criminal and eviction background check as well.
Minimum Rental Price
Each Property listing has a minimum rental price established by the Landlord (“Minimum Rental Price”) which is the lowest bid that any Renter might bid on the Property. The first bid placed for a Property by any Renter must equal or exceed the Minimum Rental Price.
When you bid on a Property, you may be prompted to insert a maximum rental bid (the “Maximum Bid”) that you would be willing to pay to rent a Property. As other Renters bid on the same listing, the Auction Platform will automatically increase your bids in $25 dollar increments up to your Maximum Bid.
For example: assume that the Minimum Rental Price for a Property listing is $1,000. You are the first renter and insert $1,000 as your initial bid and $1,250 as your Maximum Bid for such Property. As other users bid on the Property, the Platform will increase your bid in increments of $25 up to $1,250 as long as other Renters bid on the same Property. If bidding for such Property exceeds $1,250, you will no longer participate in the bidding for such Property unless you log in to your account to increase your Maximum Bid prior to the Auction Close Date.
The amount of your Maximum Bid is confidential information. We do not share your Maximum Bid with the Landlord or other users.
If you don’t want the Auction Platform to automatically increase your bids, you should input your current bid as both your current bid and your Maximum Bid.
You will receive an email notifying you that your Maximum Bid for a Property has been exceeded by another bidder for such Property.
Choose your bids and your Maximum Bid wisely. Once you place a bid, you may not retract your bid. You are fully responsible and liable for all bids including Maximum Bids inputted under your account.
In the event that two or more Renters have the same Maximum Bids, only one of them will be able to use their Maximum Bid as their highest bid. If two or more renters have the same Maximum Bids and such Maximum Bid amount is the highest bid for such Property, such Maximum Bid will be attributed to the Renter whose Maximum Bid was attained first by the Platform during the bidding. For such purpose, the other identical Maximum Bids shall be deemed lower than the Maximum Bid that was selected by the Platform. In the event that the Renter whose Maximum Bid was selected by the Platform is not deemed the Winning Renter, the Platform will select which of the remaining bidders that submitted the same Maximum Bids shall be deemed the first Runner Up Bidder.
Landlords have the option of allowing bidders to bypass the bidding process and instead rent the Property for a “rent-it-now” price selected by the Landlord that is higher than the Minimum Rental Price. Subject to the other terms herein, if a user selects the rent-it-now price, the auction will close and such user will be deemed the Highest Bidder.
Note that even if you are the Highest Bidder, you are not the Winning Renter until you complete the process described in Section 6 (What Happens After an Auction Ends) and the Landlord has accepted your bid.
Co-lessees and Guarantors
When bidding on a Property, you may have the option of identifying a guarantor and one or more co-lessees. If you will have a guarantor and/or co-lessees, you must identify them before the Property auction closes. You will not be able to add a guarantor or any co-lessee after the auction for a Property closes.
Additional Terms Applicable to All Bids
Bidding is accepted for a Property while the auction for such Property listing is open.
All bidding on a Property shall be conducted within the Auction Platform. If you receive an offer or communication from a Landlord asking you to communicate regarding a Property outside of the Auction Platform, you are obligated to report such communication to the Company.
Company may, if Company deems necessary or appropriate, end an auction, withdraw a Renter’s bid on a Property, and/or withdraw a Property listing at any time prior to or after the Auction Close without liability to any Landlord, Renter, user or third party.
6.What Happens After an Auction Closes
Highest Bidders, Credit, Criminal and Eviction Background Checks and Winning Renters
If you bid on a Property and, after the Auction Close for such Property, you are deemed to be the Highest Bidder, you will receive an email from Company notifying you that you are the Highest Bidder (a “Highest Bidder Notification”) The Highest Bidder Notification will include a link to a page that requires the Highest Bidder to confirm or provide information for purposes of completing the credit, criminal and eviction background check. If you are the Highest Bidder, you must (via the link provided in the Highest Bidder Notification):
• Confirm your address,
• Provide your social security number,
• Provide your date of birth,,
• Provide your telephone number,, and
• Provide proof of income.
Proof of income may include (but is not limited to) a recent bank statement, recent pay stub, letter from your employer verifying employment, or (if you are a student) a letter setting forth your financial aid. As the Highest Bidder, you may submit any and all documentation demonstrating the lawful means by which you support yourself and/or any dependents.
In addition, a Highest Bidder Notification will also be sent simultaneously to all individual(s) (if any) that the Highest Bidder has designated as a guarantor and/or co-lessee.
• If you are the Highest Bidder’s guarantor or co-lessee you must complete and provide the following via the link provided in the Highest Bidder Notification: Create an
account by providing your
name, account name, email address and zip code and by creating a password (for use on the Site),
• Provide your credit card information in order to pay for the credit, criminal and eviction background
check to be performed on you,
• Provide your email address and
billing address associated with your credit card,
• Provide your social security number,
• Provide your
date of birth,
• Provide your telephone number,
• Provide proof of income, and
• Confirm your agreement and authorization for Company to perform the credit, criminal and eviction
If you are the Highest Bidder, the fee for performing the credit, criminal and eviction background check on you will automatically be charged to your credit card on file.
If you are the Highest Bidder for a Property and you have submitted bids for other active property auctions on the Platform, those other active property auctions will remain active until you are deemed the Winning Renter for the Property. Once you are deemed the Winning Renter for a Property, all other bids that you have submitted for other active property auction on the Platform shall be deemed withdrawn and Company will release any hold placed by Company on your credit card as a deposit for such other property auctions.
Example 1: Assume that you have submitted two bids: one bid for “Property A” and another bid for “Property B”, and that the auction for Property A closes before the auction for Property B. Assume further that you are the Highest Bidder for Property A and shortly after, the auction for Property B closes and you had the highest bid for Property B. If you are still the Highest Bidder for Property A (and you are not the Winning Renter for Property A or your bid for Property A has not been rejected by the Landlord for Property A), your bid for Property B will be deemed withdrawn. If you do not become the Winning Renter for Property A, your bid for Property B will not be reactivated or reconsidered.
Example 2: Assume that you have submitted two bids: one bid for “Property A” and another bid for “Property B”, and that the auction for Property A closes before the auction for Property B. Assume further that you are the Highest Bidder for Property A but that, before the auction for Property B closes, your bid for Property A is rejected. Your bid for Property B shall remain active.
If you are the Highest Bidder’s guarantor or co-lessee, the fee for performing the credit, criminal and eviction background check on you will automatically be charged to your credit card.
Information that is incomplete or otherwise rejected will not be accepted. It is the Highest Bidder’s obligation to provide complete and valid information, and ensure that Highest Bidder’s guarantor and all co-lessees provide complete and valid information, within the time period set forth below.
After receipt of the email indicating that Renter is the Highest Bidder and requesting the information set forth above, the Highest Bidder and the Highest Bidder’s guarantor and co-lessee(s) (if any) will have twenty-four (24) hours to provide the foregoing information and confirm their authorization to run the credit, criminal and eviction background check.
Failure of the Highest Bidder and/or the Highest Bidder’s guarantor and/or any co-lessee to authorize the credit, criminal and eviction background check within such period of time may result in (a) cancellation of the Highest Bidder’s bid and (b) the Highest Bidder being charged the Auction Deposit. If Highest Bidder is charged the Auction Deposit, such charge is non-refundable and non-creditable.
Company is not responsible or liable for the results of any credit, criminal and eviction background check, for any act or omission of any credit, criminal and eviction background check provider, or for Highest Bidder’s or Landlord’s reliance or failure to rely on (or for any guarantor’s or co-lessee’s failure to complete) any credit, criminal or eviction background including the results of any such check.
After the credit, criminal or eviction background check is performed, the Highest Bidder may submit a written request to receive a copy of the credit, criminal and eviction background check run on the Highest Bidder. The guarantor (if any) and each co-lessee (if any) may also submit a written request to receive a copy of the credit, criminal and eviction background check run on such individual. The credit, criminal and eviction background check provider (currently Houserie) makes the results of such check available for thirty (30) days after the check is run. Accordingly, in order to allow for enough time to request it from the provider, Company asks that it receive any such written requests no more than
twenty-five (25) days after the credit, criminal and eviction background check has been run. All such requests should be sent via email to Company at
Upon completion of the credit, criminal and eviction background check on the Highest Bidder and on the guarantor and all co-lessees (if any), Landlord (or Landlord’s designated agent for such listing) will receive an email (the “Highest Bidder Notification”) with the Highest Bidder’s bid, a copy of the credit, eviction and criminal background check reports. Note: the credit check results are provided to the Landlord as a range – not a single credit score number. The Highest Bidder Notification shall include the option to either accept or reject the Highest Bidder’s bid for the Property. If Landlord accepts the Highest Bidder’s bid for the Property, the Highest Bidder shall be deemed the Winning Renter.
Each Landlord may accept or reject a Highest Bidder in its sole and exclusive discretion (but each Landlord is required to comply with all applicable laws, rules and regulations). Brixbid makes no representations or warranties that a Landlord is in compliance with all applicable laws, rules, and regulations governing leasing transactions.
Landlord shall either accept or reject the Highest Bidder’s bid via the Highest Bidder Notification. If Landlord accepts the Highest Bidder’s bid, the Highest Bidder will receive an email referred to as the “Winning Renter Notification” that includes a link to the Residential Lease Agreement for review and signature via digital signature.
For the avoidance of doubt, the Highest Bidder is not deemed the winner of the Property until after all credit, criminal and eviction background checks are performed and the Landlord has accepted the Highest Bidder as the Winning Renter.
When the Highest Bidder’s Bid is Rejected by a Landlord (after a Credit, Criminal and Eviction Background Check is Performed)
If you were the Highest Bidder but your bid was rejected by a Landlord after the Landlord received the summary results of your credit, criminal and eviction background check, you may continue to bid on Properties in other auctions (subject to the other terms of this Agreement). If you are the Highest Bidder and it has been less than thirty (30) days since a credit, criminal and eviction background check was run on you (and your co-lessees(s) and guarantor, if any) via the Site, the results of the credit, criminal and eviction background check performed within such thirty (30) day period will be used for purposes of your new bid and you will not be required to pay an additional fee for a new credit, criminal and eviction background check related to you or your co- lessees(s) or guarantor (provided that they are all the same individuals). For the avoidance of doubt: (a) if you identify a new co-lessees and/or guarantor each such individual will be charged for a credit, criminal and eviction background check; (b) if it is otherwise outside of the thirty (30) day period described herein, you will be charged for a new credit, criminal and eviction background check.
If the Highest Bidder’s bid is rejected by the Landlord, and you are the Runner-Up Bidder, you will receive an email via the Auction Platform allowing you to choose whether to affirm your last bid for such Property. You will have twenty-four (24) hours to affirm your bid. If you affirm your bid: (a) you will be deemed the Highest Bidder for such Property; (b) the credit, criminal and eviction background check will be performed on you and your guarantor and co-lessee(s) (if any); and (c) you must otherwise satisfy all obligations applicable to Highest Bidders as described in this Agreement. You must complete the foregoing in order to be considered to be the Winning Renter. If you are the Runner-Up Bidder but you do not affirm your bid on the Property within the twenty-four (24) hour period, or you are the Runner-Up Bidder but your background check report and proof of income are rejected by the Landlord, the next Runner-Up Bidder will be contacted and the same process described above will apply.
If you are the Runner-Up Bidder and you affirm your bid on a Property you shall be deemed the Highest Bidder and the process described in this Agreement related to Highest Bidders shall apply.
You acknowledge and agree that your bid may be withdrawn from a Property auction if: (a) you are the Highest Bidder on another Property auction; or (b) Company determines that withdrawing a bid is appropriate under the circumstances. A few examples of when Company might determine that withdrawing bids is appropriate is when the Listing Materials submitted by Landlord are determined to be false, misleading or inappropriate. Company may also withdraw or cancel a bid if Company believes that any information supplied by the bidder or the bidder’s guarantor or any co-lessee is false, inaccurate or inappropriate, or if Company believes that allowing a bid or Property auction to remain may expose Company to liability.
Signing the Residential Lease Agreement
The Winning Renter Notification shall include a link to the Residential Lease Agreement for signature via digital signature. Company uses a third-party vendor (currently DocuSign) for digital signature services. By using the Auction Platform, each Renter and Landlord agrees to execute Residential Lease Agreements by digital signature using DocuSign.
If you do not agree to sign Residential Lease Agreements by digital signature, or if you otherwise do not consent to use DocuSign, you may not use the Auction Platform.
Each Winning Renter has twenty-four (24) hours to sign (via digital signature) the Residential Lease Agreement. Landlord is also required to sign (via digital signature) the Residential Lease Agreement within twenty-four (24) hours after Winning Renter signs.
Company is not a party to any Residential Lease Agreement. Each Residential Lease Agreement is between Winning Renter and Landlord. Winning Renter must confirm for him or herself that the Residential Lease Agreement (including all riders to the Residential Lease Agreement) is acceptable.
In no event shall Company be deemed responsible or liable for the results of any credit, criminal and eviction background checks, for the failure of any Landlord to sign a Residential Lease Agreement, for the cancellation of any bid, for the failure of any auction or rental to be completed, for any decision or statement or action taken by any Landlord, or otherwise for any act or omission of any Landlord or any other third party or for the failure of any feature of the Auction Platform or Website to work properly.
Landlord Prohibited Conduct
You must notify Company at firstname.lastname@example.org in the event that a Landlord:
(a)contacts you or attempts to contact you prior to the Auction Close;
(b)suggests that you bid on a Property, or otherwise make an offer of a rental price for a
Property,outside of the Auction Platform;
(c)contacts you directly informing you that you won an auction but you have not received an email
from Company verifying the same;
(d)suggests that you terminate your Renter’s Account; or
(e)requires or encourages you to engage in any conduct that would otherwise violate the terms of
7.Deposits, Fees and Payment
This section describes the deposit and fees that are charged to you by Company related to your use of the Auction Platform. Please read this section carefully. By using the Auction Platform, you confirm that the deposit, all fees and the manner in which the deposit and all fees are collected are acceptable to you. Neither this Section 7 nor any other terms in this Agreement describe the fees that you must pay pursuant to any Residential Lease Agreement. All fees dues pursuant to any Residential Lease Agreement are as between you and the applicable Landlord.
Before you can bid on a Property on the Auction Platform you must pay an auction deposit for such Property (the “Auction Deposit”).
The Auction Deposit is: $100
A separate Auction Deposit is due for each Property that you wish to bid on.
The Auction Deposit set forth above may be changed. The new Auction Deposit will be reflected in this Agreement. As such, you should confirm the Auction Deposit before you bid on a Property.
The Auction Deposit is not a security deposit for any Residential Lease Agreement or any Property, and the Auction Deposit will not be applied toward any rental or other obligations that may be subsequently owed to a Landlord.
When you wish to bid on a Property, the Auction Platform will prompt you to input your credit card information for the Auction Deposit for such Property. The Auction Deposit is initially processed as a hold on your credit card. In some instances, a credit card company may show the amount as charged to the credit card even though Company treats such amount initially as a hold.
If you bid on a Property but you are not the Highest Bidder for such Property, your Auction Deposit for such Property will not be released until after there is a Winning Renter for such Property. Note, however, that as described in Section 6 (What Happens After an Auction Closes) above, if you become the Winning Renter for a Property, any Auction Deposits placed by you for other property auctions will be released.
When You are Charged the Auction Deposit
If you are the Highest Bidder and your guarantor fails to complete the credit, criminal and eviction background check, you will not automatically be charged the Auction Deposit. In such instance, we will inform the Landlord and the Landlord will have the option, in its sole discretion, to consider your bid without your guarantor’s guarantee and the Landlord may accept you as the Winning Renter. If the Landlord does not accept you as the Winning Renter, you will be charged the Auction Deposit.
Company’s charge of the Auction Deposit shall in no event be deemed to be an exclusive remedy for Company (or Landlord). Company’s charge of the Auction Deposit is without prejudice to any other right or remedy made available to Company, whether pursuant to contract, at law or in equity.
Fees for credit, criminal and eviction background checks
If you are the Highest Bidder for a Property, you will be charged fifty dollars ($50) for a credit, criminal and eviction background check. The fee shall be charged to your credit card.
If you are a guarantor or a co-lessee for a Highest Bidder, you will be charged a fifty dollar ($50) fee for a credit, criminal and eviction background check performed on you. The fee shall be charged to your credit card.
The fee for the credit, criminal and eviction background check will typically appear as a charge on the credit card within seventy-two (72) hours of submitting the information required for the background check. Company shall not be liable to you or any other person or entity if fees are charged before or after such seventy-two (72) hour period.
For the avoidance of doubt, the fees for credit, criminal and eviction background checks are non-refundable. Regardless of whether Highest Bidder and/or the Highest Bidder’s guarantor and/or co-lessees provide all requested information, regardless of the results of the credit, criminal and eviction background checks, and regardless of whether or not you enter into a Residential Lease Agreement, you shall remain liable for all fees for your credit, criminal and eviction background check.
You are Responsible for All Costs and Expenses Incurred by You
You are fully and solely responsible and liable for all costs and expenses incurred by, or on behalf of, you in connection with your use of the Auction Platform and/or Website.
Third Party Credit Card Processors
Company uses a third-party credit card processor to handle all fees and payments. For further information regarding the credit card processor, please see the
. Company shall not be liable for any acts or omissions of its credit card processor. If for any reason you are unwilling to rely on the credit card processor, you should not use the Auction Platform to list Properties.
Interest on Late Payments
You shall remit all fees in full immediately when due without deduction or offset. Late fees shall be subject to a service fee equal to the greater of (a) one and one-half (1½) percent per month or (b) the highest amount allowed by law, calculated from the date such fee is due until the date such fee is paid in full with interest.
8.General Limitations and Restrictions
Company reserves the right to deny, limit, or impose conditions on Landlord’s and Renter’s access to, and ability to use, the Auction Platform at any time, for any reason (including, without limitation, due to a Landlord’s or Renter’s solvency, credit, criminal and eviction background and/or breach or suspected breach of any term of this Agreement).
Company may at any time, and without liability to you or to any Landlord or any third party, postpone or cancel an auction, remove an auction listing, rearrange the order or sequence of the Property auctions, reject any or all bids, advance the bidding and otherwise make changes to any aspect or feature in the Auction Platform or otherwise on the Website.
Additional terms and conditions may apply with respect to certain features and/or functionality on the Auction Platform and/or the Website. Such terms will appear on the Auction Platform or the Website or in windows or links made available on the Auction Platform or the Website.
If you have a dispute with a Landlord, Guarantor, Co-Lessee, or any other user, you agree to release Company from any claims, demands, and damages (actual and consequential, or otherwise) relating in any way to such dispute.
Any information made available via the Auction Platform or otherwise via the Website or any other website, or in any brochure, e-mail or postcard, and any and all information available regarding the Properties shall not constitute an offer to rent or a solicitation of any offer to rent any of the Properties referenced herein. Offers, bids and solicitations are void where prohibited by law.
Company, its affiliated companies or its suppliers are the sole owners of all intellectual property rights and other rights in and to the Website, and in particular the copyrights, trademarks, databases, trade secrets, inventory, patents, inventions, software, technology, applications, data, graphics and text in the Website, including the organization and selection of materials contained therein. Company is also the sole owner of all metrics, data, feedback and information generated by or obtained from the Website. In addition, except as otherwise expressly set forth or provided in this Agreement, Company, its affiliated companies or its suppliers shall retain all ownership rights in and to all content displayed on the Website, including copies of data transferred or received by you through the Website.
10.License Grant and Restrictions
Subject to your compliance with all terms and conditions in this Agreement, you are granted a limited, non-exclusive, revocable, non-transferable license to access and use the Auction Platform and the Website only as expressly permitted in this Agreement. You shall not use the Auction Platform or Website or Company’s intellectual property except as, and to the extent, specifically authorized under this Agreement. Except as expressly authorized by applicable law, you shall not modify, rent, lease, loan, sell, distribute, copy, transmit, broadcast or prepare derivative works based on the Auction Platform or Website in whole or in part. In addition, you shall not adapt or use any trademark, trade name, or domain name similar to or likely to be confused with that of Company, or otherwise take any other action which might infringe or impair any of Company’s intellectual property or contractual rights. Additional restrictions on the use of Company’s intellectual property appear in this Agreement.
Any reproduction or redistribution of the Auction Platform or the Website, in whole or in part, is expressly prohibited. Any use of the Auction Platform or the Website not in accordance with this Agreement is expressly prohibited.
11.Auction Platform and Website Rules
When accessing or using the Auction Platform or the Website, you shall not:ion Platform or Website or Company’s intellectual property except as, and to the extent, specifically authorized under this Agreement. Except as expressly authorized by applicable law, you shall not modify, rent, lease, loan, sell, distribute, copy, transmit, broadcast or prepare derivative works based on the Auction Platform or Website in whole or in part. In addition, you shall not adapt or use any trademark, trade name, or domain name similar to or likely to be confused with that of Company, or otherwise take any other action which might infringe or impair any of Company’s intellectual property or contractual rights. Additional restrictions on the use of Company’s intellectual property appear in this Agreement.
•Violate any law, statute, ordinance or regulation;
•Violate any patent, trademark, trade secret, copyright, privacy right, publicity right, or other right of any person or entity;
•Violate or breach any term of this Agreement or any other agreement provided by Company;
•Post or disseminate any false, inaccurate, or deceptive content;
•Reverse engineer, decompile, disassemble or translate or otherwise attempt to derive the source
code of any part of the Auction Platform, the Website, Company’s systems or the systems of any
•Transfer your account to any third party, or allow a third party to use your account, without our
express written permission;
•Use the Website or any information on the Website in connection with any contest, pyramid scheme,
chain letter, junk email, spamming or any duplicative or unsolicited message (commercial or
otherwise) or to commit fraud;
•Use any robot, spider, scraper or other automated means to access the Auction Platform or Website
for any purpose;
•Bypass our robot exclusion headers, interfere with the working of the Auction Platform or Website or
impose an unreasonable or disproportionately large load on our infrastructure;
•Engage in any inappropriate, profane, defamatory, obscene, harassing, abusive, threatening,
harmful, racist, discriminatory, indecent, unlawful or otherwise objectionable conduct or activities of
•Violate any of Company’s intellectual property rights by, for example, copying the Website or any
elements from the Website;
•Enter into a transaction or engage in conduct either inside or outside of the Website in a manner that
might deprive Company of the fees due to Company or otherwise deprive Company or any other
party of any benefit from a transaction contemplated herein;
•Use the Auction Platform or Website to
create a product or service (or assist any person or entity to create a product or service) that
competes with the Auction Platform;
•Engage in any conduct or activity that tends to undermine the performance of, or interfere with the
normal operation of, the Auction Platform or Website;
•Send or otherwise make available any information or material that may constitute or encourage
conduct that could be a criminal offense or civil wrong;
•Impersonate any person or entity, or make any false statement regarding any agency or affiliation
with any entity, or create a false identity;
•Interfere with or disrupt, or attempt to interfere with or disrupt, any server, network or equipment
connected to the Website;
•Attempt to gain unauthorized access to any other computer system or network connected to the
•Harvest or otherwise collect information about users without their consent;
•Circumvent any technical measures we use to provide the Auction Platform and the Website;
•Stalk, threaten or harass Company, any Landlord, any Renter or any other person or entity, or infringe
upon or attempt to infringe upon their privacy;
•Transmit, upload, email or post to, or otherwise make available via, the Auction Platform or Website
or Company’s systems, any file that contains a virus, Trojan horse, worm, time bomb, cancelbot,
malware, corrupted files, or any other similar software or programs that may damage the operation
of the Auction Platform, Website, Company’s systems, another's computer or the property of
•Provide support or resources (or conceal or disguise the nature, location, source or ownership of
material support or resources) to any person or organization designated as a foreign terrorist
organization by the U.S. government; or
•Falsify or delete any copyright or other rights management information, such as author attributions,
legal or brother proper notices or proprietary designations or labels of the origin or source of
software or other material that is sent.
12.Representations and Warranties by Renter
You represent and warrant that you shall comply with all terms of this Agreement. By applying for a Renter’s Account, you further represent and warrant that:
You are at least 18 years of age or a legally organized entity, and you are authorized to have a
You have all right and authority to enter into a Residential Lease Agreement for each Property
that you bid on;
You have sufficient resources to pay your highest bid for each Property;
If you identify a guarantor and/or a co-lessee:
◦you have secured all necessary rights from such guarantor and co-lessee to so identify
◦each such guarantor and co-lessee has agreed to be a guarantor and/or co-lessee (as
◦all information provided by you and your guarantor and co-lessees is valid, accurate, true
and complete; and
All information furnished by you is valid, accurate, true, current and complete, and you will
maintain and update such information during the term of this Agreement so that it will remain
valid, accurate, true, current and complete.
13.Your Ownership of Your Information
You retain ownership of all personal information submitted by you for purposes of any credit, criminal and eviction background check performed on you. Likewise, if you have a guarantor and/or any co-lessee, your guarantor and/or co-lessee shall retain ownership of all personal information submitted by them for purposes of any credit, criminal and eviction background check performed on them. Company’s activities related to all submissions will be consistent with Company’s privacy practices as described in the
You represent and warrant that: (a) you own or otherwise have all rights necessary in all information that you submit to allow Company, its parent and its affiliates, and its and their agents, contractors, licensees and successors in business to rely and such information and perform their services as part of the Auction Platform; and (b) use of such information by Company, its parent and its affiliates, and its and their agents, contractors, licensees and successors in business will not violate the rights of, or cause injury to, any other person or entity. To the extent permitted by applicable law, rule or regulation, we take no responsibility and assume no liability for any information uploaded, inputted or imported by you or any third party.
14.Links and Third-Party Materials
Some of the content, services, features and information made available on the Website may belong to third parties. Examples of third-party services and materials include DocuSign and DocuSign’s digital signature technology and the residential rental agreement (procured from the National Association of Realtors). You acknowledge that we assume no responsibility or liability for such content, services, features or information or for any third-party websites, services or goods that may be linked to or from the Website or advertised on the Website (the foregoing collectively referred to as “Third-Party Materials”). We do not make any: (a) representation or warranty, express or implied, with respect to any Third-Party Materials including their availability; (b) representation or warranty, express or implied, with respect to the accuracy, completeness, usefulness or adequacy of any Third-Party Materials; or (c) endorsement with respect to any Third-Party Materials. You are encouraged to, at a minimum, be aware when you leave the Website and to review the privacy practices related to third-party sites.
15.Disclaimer of Warranty
YOU ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT ALLOWED BY LAW, THE WEBSITE AND AUCTION PLATFORM ARE PROVIDED "AS-IS", “AS-AVAILABLE” AND AT YOUR SOLE RISK, AND THAT YOU WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST COMPANY, ITS AFFILIATES, OR ANY OF THE FOREGOING'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES OR AGENTS WITH RESPECT TO THE WEBSITE, THE AUCTION PLATFORM, ANY THIRD-PARTY MATERIALS, ANY LANDLORD, ANY OTHER RENTER OR ANY PROPERTY. TO THE FULLEST EXTENT OF THE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, PERFORMANCE, ERROR-FREE OPERATION, SECURITY OR ACCURACY WITH RESPECT TO THE AUCTION PLATFORM, WEBSITE, ANY THIRD-PARTY MATERIALS AND ANY AND ALL INFORMATION AND DATA TRANSMITTED VIA THE FOREGOING.
Company does not endorse, recommend, verify, evaluate, warrant or guarantee the qualifications, credentials, licensure, expertise, claims or background of Landlord or any Renter, or any opinion, response, advice, prediction, recommendation, information or other service provided by any Landlord or otherwise made available on the Website. Nothing contained in this Agreement, on any third-party website or provided otherwise shall be considered as a referral, endorsement, recommendation, verification, warranty or guarantee with respect to (a) any Landlord; or (b) any data, information or other service provided by any Landlord or other person or entity, or otherwise made available on or via the Auction Platform or Website.
Company expressly disclaims all representations and warranties related to any and all Materials posted or transmitted by Landlord and/or any other person or entity. If you decide to rely on any Materials provided by a Landlord, you must exercise a high level of care. You shall not have any claim or demand against Company, its parent or its affiliates, or its or their officers, directors, shareholders, employees, contractors or agents with respect to any service, advice, material or information that you receive, use and/or rely on. Company will not be deemed to be responsible or liable for any Landlord, any other person or entity, any listing or for any information acquired through the Auction Platform or the Website. The rental of any Property is entirely at your sole risk.
Company is not a party to any agreement between you and any Landlord, and Company shall not be responsible or liable for enforcing any agreement, including any Residential Lease Agreement, between you and any Landlord.
17.Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY, ITS PARENT AND ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS AND AGENTS SHALL NOT BE LIABLE TO YOU OR TO ANY LANDLORD OR OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF OPPORTUNITY, BUSINESS, REVENUE, PROFITS OR USE, OR FOR LOSS OF ANY OTHER ECONOMIC ADVANTAGE. YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT: COMPANY, ITS PARENT AND ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS AND AGENTS' AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE AUCTION PLATFORM AND/OR WEBSITE BY YOU WILL NOT EXCEED THE GREATER OF (A) THE PORTION OF THE ACTUAL AUCTION DEPOSITS (IF ANY) RECEIVED BY COMPANY FROM YOU AND RETAINED BY COMPANY (NOT RELEASED BACK TO YOU) DURING THE SIX (6) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION LESS ALL CREDIT CHECK FEES AND BACKGROUND CHECK FEES CHARGED AGAINST SUCH AUCTION DEPOSITS DURING THAT PERIOD; AND (B) FIVE DOLLARS ($5).
COMPANY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY YOU OR ANY LANDLORD IN CONNECTION WITH ANY RENTAL AGREEMENT, ANY LISTING MATERIALS, ANY PAYMENT OR ANY PROPERTY. YOU SHALL INDEMNIFY, DEFEND AND HOLD COMPANY, ITS PARENT AND ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS AND AGENTS HARMLESS IN CONNECTION WITH ANY SUCH CLAIM.
THE LIMITATIONS AND EXCLUSIONS DESCRIBED IN THIS SECTION (LIMITATION OF LIABILITY) APPLY REGARDLESS OF WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, IN TORT OR IN EQUITY AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.
IN THE EVENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY AS SET FORTH ABOVE, THE LIMITATION WILL BE DEEMED MODIFIED SOLELY TO THE EXTENT NECESSARY TO COMPLY WITH APPLICABLE LAW.
You acknowledge and agree that information provided through the Website, including information provided by Company, is subject to change.
You shall defend, indemnify and hold Company, its parent and its affiliates, and its and their officers, directors, employees, consultants, contractors, representatives and agents (collectively, the “Indemnified Parties”) harmless from any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against any of the Indemnified Parties related to: (a) any breach of this Agreement; (b) any dispute or claim of breach regarding any Residential Lease Agreement or Property; (c) your use of the Website and/or the Auction Platform; (d) any listing; (e) any act or omission of any Landlord (including any failure of a Landlord to deliver a Property or sign a Residential Lease Agreement, or to otherwise close a rental); and (f) any Material submitted, posted or transmitted through the Website and/or the Auction Platform under Renter’s Account.
Our information practices are described in our
20.Permitted and Required Disclosures
Company may disclose your information, including, but not limited to, personal information, transcripts, surveys, and recordings, if Company reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate Company's liability in an actual or potential lawsuit, (iii) is necessary or appropriate to protect Company’s rights or property, or the rights or property of any person or entity, (iv) is necessary or appropriate to enforce this Agreement (including, but not limited to, ensuring payment of fees by you), or (v) is required or necessary to deter illegal behavior (including, but not limited to, fraud).
21.Reporting Copyright Infringement Claims
Company respects the intellectual property rights of others, and we ask that all visitors, account owners and other users of our Website do the same. Company may, in appropriate circumstances and at its discretion, terminate the account or access of a user who infringes the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company's Copyright Agent (identified below) the following information:
•an electronic or physical signature of the person authorized to act on behalf of the owner of the
•a description of the copyrighted work that you claim has been infringed, including the URL (web
page address) of the location where the copyrighted work exists or a copy of the copyrighted
•a description of where the material that you claim is infringing is located on the Site, including the
•your address, telephone number, and email address;
•a statement by you that you have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; and
•a statement by you, made under penalty of perjury, that the above information in your Notice is
accurate and that you are the copyright owner or authorized to act on the copyright owner's
Company's Copyright Agent for notice of claims of copyright infringement can be reached as follows:
By mail: Copyright Agent
Brixbid Chicago, LLC
22 Elm Place, 4th Floor
Rye, NY 10580
By phone: (212) 588-8821
By email: email@example.com
22.Termination and Suspension
You can terminate your Renter’s Account and cease using the Website at any time and for any reason or no reason. In order to terminate your Renter’s Account, please email your request to firstname.lastname@example.org.
Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Website or any portion or feature of the Website, or suspend or terminate your access to your account, the Website or any portion or feature of the Website, in our sole discretion and with or without notice to you. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or any portion or feature of the Website, or for any losses or damages that may result to you or to any third party from such discontinuation or interruption.
If you breach any provision of this Agreement, we may terminate this Agreement and suspend or terminate your account immediately. We shall be entitled to pursue all rights and remedies available to us including injunctive relief to enforce our rights and the provisions hereof. If we prevail in any action against you, we shall be entitled to recover from you all reasonable costs, expenses and attorneys’ fees incurred in connection therewith.
We reserve the right at any time to block access to or use of the Website by users from certain IP addresses that we believe present a threat to the Website or to other users of the Website. We may also request that you stop accessing or permanently destroy certain content or information available through the Website. You agree to comply with any such request.
If we terminate your account due to a breach, you may not attempt to access such account or the Website or attempt to re-enroll, directly or indirectly, on the Auction Platform as either a Renter or a Landlord.
Sections 2, 8, 9 and 11-27 of this Agreement, and Renter’s obligation pursuant to Sections 1, 3, 4, 6, 7 and 10, shall survive expiration or termination of this Agreement.
Company may provide notices or other communications to you via the contact information provided in your Renter’s Account. Changes to this Agreement will be identified by a change to the date at the bottom of this Agreement. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Unless an email address or other contact information for receipt of certain applicable notices is expressly set forth in this Agreement and you are advised to use such email address or other contact information, all notices sent to Company must be delivered via express delivery or regular mail to:
Brixbid Chicago, LLC
22 Elm Place, 4th Floor
Rye, NY 10580
24.Website Auditing and Monitoring
We reserve the right to audit and monitor (manually or through automated means) the use of the Auction Platform and Website to ensure compliance with this Agreement and to maintain, improve and expand the Auction Platform, the Website and our offerings. We also may, but are not required to, monitor content on the Website using manual review or technical measures to screen, block, filter, edit or remove content. We may terminate or suspend your account or delete, edit or remove content that we, in our sole discretion, deem illegal, offensive, abusive, in violation of our policies, or otherwise inappropriate or unacceptable. All enforcement determinations are made in our sole discretion, and we will not incur any liability or responsibility if we choose to remove or delete any content.
Neither party shall be liable to the other for any delay or failure in the performance of this Agreement or the Website or for loss or damage of any nature whatsoever suffered by such party due to disruption or unavailability of communication facilities, utility or Internet service provider failure, acts of war, acts of terrorism, acts of vandalism, lightning, fire, strike, unavailability of energy sources or any other causes beyond such party’s reasonable control.
You shall not assign your rights or obligations pursuant to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of Company. Any purported assignment without the prior written consent of Company shall be null and void and of no force or effect. Company may assign this Agreement without restriction. This Agreement is binding on you and your heirs and representatives.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. User is not a third-party beneficiary under the Landlord Terms and Conditions. This Agreement shall be interpreted only in accordance with the laws of the State of New York (excluding any rules governing choice of laws), and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in New York, New York. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Company and user with respect to the subject matter hereof, and user has not relied upon any promises or representations by Company with respect to the subject matter except as set forth herein. Persons and entities who live in a territory that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States are not permitted to use or access the Auction Platform or the Website. No amendment to this Agreement will be effective unless made in writing. The section and paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. All references to “days” in this Agreement refer to calendar days unless expressly provided otherwise. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect and the offending provision shall be modified to the extent necessary to make it compliant with applicable law.
This Agreement was last updated the 27th day of November______, 2017.