Terms of Service

The gist:

We (the folks at Baer Auctioneers & Realty](http://baerauctions.com)) run a blog and website called [Baer Auctioneers & Realty](http://baerauctions.com) and would **love** for you to use it. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your submitted content or get linked to from your content (things like spam, viruses, or hate content).

If you find a Baer Auctioneers & Realty page or article that you believe violates our terms of service, please visit our Contact Page to report it.

Terms of Service:

The following terms and conditions govern all use of the Baer Auctioneers & Realty website and all content, services and products available at or through the website. The website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, [Baer Auctioneers & Realty’s Privacy Policy](http://baerauctions.com/privacy-policy.html)) and procedures that may be published from time to time on this Site by Baer Auctioneers & Realty (collectively, the “Agreement”). Your agreement is with Baer Auctioneers & Realty, LLC

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Baer Auctioneers & Realty, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

**Responsibility of Contributors** If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

If you delete Content, Baer Auctioneers & Realty will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Baer Auctioneers & Realty has the right (though not the obligation) to, in Baer Auctioneers & Realty’s sole discretion (i) refuse or remove any content that, in Baer Auctioneers & Realty’s reasonable opinion, violates any Baer Auctioneers & Realty policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Baer Auctioneers & Realty’s sole discretion. Baer Auctioneers & Realty will have no obligation to provide a refund of any amounts previously paid.

**Responsibility of Website Visitors.** Baer Auctioneers & Realty has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Baer Auctioneers & Realty does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Baer Auctioneers & Realty disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

**Content Posted on Other Websites.** We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Baer Auctioneers & Realty links, and that link to Baer Auctioneers & Realty. Baer Auctioneers & Realty does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a Baer Auctioneers & Realty website or webpage, Baer Auctioneers & Realty does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Baer Auctioneers & Realty disclaims any responsibility for any harm resulting from your use of non-Baer Auctioneers & Realty websites and webpages.

**Copyright Infringement and DMCA Policy.** As Baer Auctioneers & Realty asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Baer Auctioneers & Realty violates your copyright, you are encouraged to notify Baer Auctioneers & Realty in accordance with [Baer Auctioneers & Realty’s Digital Millennium Copyright Act ("DMCA") Policy](http://baerauctions.com/dmca.html). Baer Auctioneers & Realty will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Baer Auctioneers & Realty will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Baer Auctioneers & Realty or others. In the case of such termination, Baer Auctioneers & Realty will have no obligation to provide a refund of any amounts previously paid to Baer Auctioneers & Realty.

**Intellectual Property.** This Agreement does not transfer from Baer Auctioneers & Realty to you any Baer Auctioneers & Realty or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Baer Auctioneers & Realty. Baer Auctioneers & Realty, the Baer Auctioneers & Realty logo, and all other trademarks, service marks, graphics and logos used in connection with Baer Auctioneers & Realty, or the Website are trademarks or registered trademarks of Baer Auctioneers & Realty or Baer Auctioneers & Realty’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Baer Auctioneers & Realty or third-party trademarks.

**Domain Names.** If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities(http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm).

**Google Apps**. If you purchase a Google Apps subscription, this section applies. Google Apps are provided by Google, and your use of Google Apps is subject to Google’s [Terms of Use](https://www.google.com/apps/intl/en/terms/reseller_premier_terms.html) for the services, which you’ll accept prior to using Google Apps for the first time. Baer Auctioneers & Realty is an authorized reseller of Google Apps, makes no warranties about the services provided by Google, and disclaims Google’s liability for any damages arising from our distribution and resale of their services. Google will provide technical support for its services, per its [Technical Support Services Guidelines](https://www.google.com/apps/intl/en/terms/tssg.html). If you’re a business and purchase Google Apps for your Baer Auctioneers & Realty site, you represent that you have 749 or fewer staff members.

**Changes** We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using Baer Auctioneers & Realty within the designated notice period. Your continued use of Baer Auctioneers & Realty will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

**Termination** Baer Auctioneers & Realty may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Baer Auctioneers & Realty account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

**Disclaimer of Warranties.** The Website is provided "as is". Baer Auctioneers & Realty and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Baer Auctioneers & Realty nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

**Limitation of Liability.** In no event will Baer Auctioneers & Realty, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Baer Auctioneers & Realty under this agreement during the twelve (12) month period prior to the cause of action. Baer Auctioneers & Realty shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

**General Representation and Warranty.** You represent and warrant that (i) your use of the Website will be in strict accordance with the Baer Auctioneers & Realty Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

**Indemnification.** You agree to indemnify and hold harmless Baer Auctioneers & Realty, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

**Translation.** These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

**Miscellaneous.** This Agreement constitutes the entire agreement between Baer Auctioneers & Realty and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Baer Auctioneers & Realty, or by the posting by Baer Auctioneers & Realty of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of OHIO, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in OHIO. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Rogers, OHIO, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Baer Auctioneers & Realty may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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Last Update: 2/25/2015