BidFlagler.com USER AGREEMENT

Introduction/Authority/Parties

You represent and warrant that you are at least 18 years of age.

Use/License

You acknowledge and agree that Your use of the Website is permitted pursuant to a limited license (the "Limited License") granted to You under this Agreement and that the web pages and features of the Website (the "Proprietary Information") constitute valuable intellectual property and proprietary materials (including without limitation trade secrets) owned by Grant Street.

Unauthorized use of the Website, including but not limited to unauthorized entry or attempted entry into any systems, misuse of passwords, misuse of any information posted to the Website, or illegal conduct is strictly prohibited.  Except as expressly provided in this Agreement, You agree not to copy (except for downloads permitted by the Website tools), save, print, reveal to any third party, publish, post on the Internet, permit access to, disseminate, distribute, disclose or modify any Website Proprietary Information without Grant Street's prior written consent.  You further agree that You will not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

Your license to use the Website is limited to Your participation in tax lien auctions conducted by the Flagler County Tax Collector. As a further condition of this Limited License, You hereby agree that You will not, nor will You attempt to (i) modify, reproduce, decompile, or reverse-engineer any part of the Website, (ii) resell or redistribute any part of the information obtained from the Website, or (iii) permit or attempt to permit any third party to access, view or use any part of the Website.

You agree not to interrupt or attempt to interrupt the operation of the Website or in any way attempt to gain unauthorized access to the Website, any portion thereof or to any other computer systems through the Website.  You further agree that You will not use any device, software or program to interfere with proper operations of the Website nor will you use the Website in any manner that could damage, overburden, or impair the Website or interfere with any other party's use of the Website.  You further agree that You will not use, nor allow anyone to use on your behalf, any robot, spider or other similar device to monitor or copy any pages of the Website or any content or information accessible through this Website.

You agree to use commercially reasonable efforts to ensure that any electronic files or information You transmit through the use of the Website will be free from viruses or other code designed to interfere with the proper functioning of data information systems.

When accessing the Website, You must use software, including a web browser, that supports a data security protocol compatible with the protocol required for the Website.

With the exception of web browsers, You agree to use the software made available to all users through the Website to perform the following functions:

• review properties with delinquent taxes,
• submit W-9 forms
• submit deposits and budget amounts
• save and submit bids
• review and download auction results
• authorize payment for any balance due at the close of the sale.

You agree that the information you provide through the Website will be accurate and reliable.

You agree that, each time You submit a qualified bid for a tax certificate on the Website, You are making a binding offer to the Tax Collector to purchase such tax certificate, which, if accepted by the Tax Collector, will form a binding purchase contract between You and the Tax Collector.

You agree that You will comply with all rules, requirements, procedures, advisories, instructions and other directives promulgated by the Tax Collector regarding the purchase of tax certificates via the Website, including, without limitation, the Tax Collector's requirements with respect to payment deadlines and procedures for any tax certificates You are awarded.

Neither the Tax Collector nor Grant Street makes any representation or warranty that the features or appearance of the Website will remain unchanged for any period of time.  You acknowledge that the Tax Collector and Grant Street may change, suspend or discontinue any aspect of the Website.

User IDs/Passwords/Use Restrictions

You shall be solely responsible for the confidentiality and use of the User ID and password assigned to You for the purpose of accessing the Website and for any acts or omissions that occur through the use of such User ID and password. You agree to ensure that You exit from Your account at the end of each session.  You agree to indemnify, defend and hold the Tax Collector and Grant Street harmless from and against any damages, financial or otherwise, resulting from Your use of the Website or use by persons using Your User ID and password with or without Your knowledge or permission. You are hereby instructed by the Tax Collector to notify Grant Street immediately via email sent to [email protected], if You have reason to believe, or have become aware of: (i) loss or theft of Your User ID and/or password, or (ii) any unauthorized use of Your User ID and/or password.

Emails sent to the Tax Collector or Grant Street over the Internet are susceptible to detection, decryption, eavesdropping or tampering. Thus, you agree to indemnify, defend and hold the Tax Collector and Grant Street harmless from and against any harm, financial or otherwise, that results from such detection, decryption, eavesdropping or tampering of emails.

Pursuant to Chapter 119 of the Florida Statutes, (hereinafter the “Florida Public Records Act“), certain information which You provide in the course of Your use of the Web Site, and which is in the public domain pursuant to the Florida Public Records Act, will not be treated as confidential. If You participate in an auction utilizing Proxy Bidding, you may submit Minimum Acceptable Rates (MARs) on the Bid page. The Tax Collector does not have access to MARs, and consequently, the Tax Collector will not be able to supply MARs pursuant to “right to know“ or “freedom of information“ requests. Grant Street will keep MARs confidential and will not divulge such information to third parties, including the Tax Collector, unless mandated to do so by a court of competent jurisdiction.

Information about You and Your use of the website is handled according to Grant Street's Privacy Policy.

Your use of the Website must be in conformance with this Agreement and the User Instructions on the Website.

Grant Street and the Flagler County Tax Collector each reserve the right to suspend or revoke Your User ID in the event You violate the terms of this Agreement.

Compliance with Laws

You agree to comply with all applicable laws and regulations in connection with Your use of the Website and the transactions conducted thereon, including without limitation any laws applicable to the handling or processing of individually identifiable information concerning individual persons. You agree to indemnify, defend and hold the Tax Collector and Grant Street harmless from and against any damages, financial or otherwise, resulting from Your breach of any such applicable laws.

Additional Terms for Payment Processing

The additional terms set forth in this Section apply to Your use of Grant Street's payment processing services through the Website.  By submitting a payment through Grant Street's payment processing services on the Website, You agree:

• to allow Grant Street to facilitate the transfer of funds from Your bank account to the Tax Collectors bank account.  Grant Street will pass the information You provide to financial institutions or third party processors as necessary to process Your payment.
• that Your payment information will be submitted for processing immediately and it may be impossible to void the payment following submission.
• that You have read and understood the information supplied by Grant Street on the Website pages where You entered Your payment information, including without limitation the guidelines for electronic payments and additional rules that may be imposed by the Tax Collector.
• and confirm that the payment information You provide is current, true, accurate and complete and conforms to the terms of this Agreement.
• that You are not permitted to, and will not, submit payment on behalf of another party, use an unauthorized name, impersonate any person or entity, misrepresent any affiliation with another person, entity or association, or otherwise conceal Your identity from Grant Street for any purpose.
• that Grant Street may revoke your use of the Website, or certain features of the Website, if it determines that any of the information You provide is outdated, false, inaccurate, or incomplete.
• and acknowledge that because this is an e-check transaction, the validity of Your payment cannot be confirmed immediately upon submission. Grant Street will provide a message indicating that Yourpayment information was received and routed successfully, but this does not mean the Tax Collector has received or secured Your payment. Your financial institution may reverse or return Your payment after submission for reasons including but not limited to insufficient funds, use of incorrect account information or fraud prevention.
• and acknowledge that if Your payment is returned for any reason You may become ineligible to bid, Your submitted bids may be disqualified, all or some of Your certificate purchases may be canceled, Your certificate transfers may be canceled, or You may be required to make a replacement payment using a method other than e-check. You are responsible for any returned check fees imposed by the Tax Collector or Your financial institution.  If the Tax Collector accepts a replacement payment, You are responsible for any costs that may be associated with making payment.
• and acknowledge that Grant Street is not a bank and is providing an electronic payment processing service rather than a banking service. You also agree and acknowledge that Grant Street is not acting as fiduciary, trustee, money transmitter, or providing any type of escrow service with respect to Your funds.

Exclusion of Warranties

1. Grant Street is not responsible for the accuracy or completeness of the information provided or transmitted through the Website, which was obtained from third parties or the Tax Collector. You rely upon the accuracy of such information at your own risk. Grant Street will not be liable for any harm, financial or otherwise, that may befall users who act in reliance on such information.
2. The Website is provided "AS-IS", and You accept all risks associated with Your use of the same.
3. Neither the Tax Collector nor Grant Street shall have any liability, contingent or otherwise, for the accuracy, completeness, timeliness or formatting of any data or information obtained from or through the Website, or for any decision made or action taken by You in reliance upon such information or data.
4. Neither the Tax Collector nor Grant Street is responsible for technical difficulties that result in loss of an Internet connection with the Website, slowness in transmission, or any other technical issues, including without limitation connectivity issues, network issues, computer failures, and the like.
5. TO THE FULLEST EXTENT PERMITTED BY LAW, GRANT STREET AND THE TAX COLLECTOR DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THE WEBSITE AND ALL INFORMATION CONTAINED THEREON, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT.

Limitation of Liability

1. In no event will the Tax Collector or Grant Street or any of their directors, officers, employees or agents be liable to You or anyone else for any indirect, consequential, incidental, special, exemplary or punitive damages (including but not limited to lost profits) that result, arise from or relate to Your use of the Website, the transactions conducted on the Website, or any other matter relating to the Website. You agree that the cumulative liability of the Tax Collector and Grant Street arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the Website, or the transactions conducted on the Website, will not exceed $1,000.
2. Neither the Tax Collector nor Grant Street will be liable for any loss or damage resulting from voluntary shutdown of the Website to address computer viruses, denial-of-service attacks, or other similar problems.
3. Neither the Tax Collector nor Grant Street will be responsible for any damage to Your computer, software, modem, telephone or other property resulting from Your use of the Website or Licensed Information.

Tax Certificate Purchase Disclaimer

1. Neither Grant Street Group nor the Tax Collector makes any representation with respect to the suitability for purchase of tax certificates offered on the Website.
2. The tax and property information provided through this Website are provided for informational purposes only, and should not be construed as any recommendation, value or endorsement of any particular tax certificate.
3. You alone assume sole responsibility for reviewing and determining the risks and merits associated with the purchase of tax certificates in tax lien auctions.  Neither Grant Street nor the Tax Collector has any responsibility or liability with respect to any purchase decisions you make utilizing the Website.

Force Majeure

Neither the Tax Collector nor Grant Street shall be liable for any loss resulting from (i) a cause over which neither has direct control; or (ii) any events which are beyond their reasonable control.

Entire Agreement/Governing Law

This Agreement contains the entire agreement between the parties relating to Your use of the Website and transactions conducted thereon, and supersedes all prior written or oral communications between the parties on related subjects. In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable.  This Agreement shall be governed by the laws of the State of Florida without regard to its choice of law provisions.  All disputes arising out of or related to this Agreement or the transactions completed on the Website shall be subject to the exclusive jurisdiction of the State and Federal Courts located in Flagler County, Florida, and You waive any defense to the jurisdiction of such courts based on personal jurisdiction or forum non conveniens. Any failure by Grant Street or the Tax Collector to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

Amendments