In General
Archon Information Systems, L.L.C. ("Archon") is acting as an agent of the political subdivision(1) (sometimes referred to as its "client") with respect to the administration of the auction or other sale process. The process is administered exclusively through the website, CivicSource.com (Website), which is comprised of various web pages and proprietary information and technology owned and operated by Archon. A limited non-exclusive and non-transferable license to use the Website and to participate in the process is offered to you conditioned upon your acceptance, without modification, on behalf of yourself and on behalf of your heirs, successors, assigns, representatives, and agents, of the terms, conditions and notices contained in this User Agreement (this "Agreement") and in the Terms of Use on the Website, and your use of the Website signifies your acceptance and binding agreement to comply with them. Your limited right to use the Website and participate in any process conducted on the website is expressly conditioned on your agreement (through your acceptance of the terms of this Agreement) that you will not copy, modify, sell, distribute, reverse engineer, or monitor (through the use of a robot, spider, or other similar device or method) any portion of the Website or any information contained on the Website. If you do not agree to these terms, please exit and do not further use the Website.
Property Removal
The political subdivision(1) reserves the right to remove any property from the tax sale any time prior to the conclusion of the sale, without notice.
Site Access Termination
Archon reserves the right, in its sole discretion, to terminate Website access and to revoke your account and password at any time, without notice.
Linked Sites
The Website may contain links to other websites (linked sites). The linked sites are not under the control of Archon, and Archon is not responsible for the contents of any linked site including, without limitation, any link contained in a linked site, or any changes or updates to a linked site. Archon is not responsible for webcasting or any other form of transmission received from any linked site. Archon is providing these links only as a convenience, and the inclusion of any link does not imply endorsement by Archon of the site or any association with its operators.
Prohibited Use
As a condition of your use of the Website, you warrant to Archon that your use will be for your own account only, and each user is allowed only one user account. You will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. You acknowledge that the Website may provide access to proprietary information of Archon or the political subdivision(1) and to certain otherwise non-public information, and you agree not to use or disclose such information in any manner that is not expressly authorized by this Agreement or expressly permitted by law.
Bidder Eligibility
You warrant that you are not:
- under 18 years of age;
- an employee of any department or agency of the political subdivision(1) prohibited by regulation or statute from purchasing property sold hereunder;
- an agent or immediate member of the household of the employee in (b) above;
- the contractor, subcontractor or vendor, or their agent who has access to information concerning the property to be sold at the political subdivision's(1) tax sale that is not generally available to the public;
- an individual or entity with an ownership interest in property that has delinquent taxes owed in the jurisdiction where taxes are being sold.
Bidder Registration
By registering on this Website, you certify that any and all information submitted is truthful.
You are responsible for safeguarding your account information and password, for restricting access to this information and to your computers, and for all activities and obligations arising under your account or password.
You agree to indemnify and hold Archon and the political subdivision(1), its officials and agents harmless from and against any damages, liability, attorney's fees or costs incurred by them that result from activities initiated through your account or password.
Any information you submit as part of registration is in acknowledgment of its use in regards to this Website and online sale process and is confirmation of your full and complete understanding of all terms and conditions and your agreement to be bound thereby.
Therefore, you are cautioned to carefully read all applicable terms and conditions contained in this Agreement before registering on the Website.
No Recommendation on Investment Suitability
Purchases made through auctions conducted on the Website are risky investments. Neither Archon nor its client makes any representation, warranty, or recommendation regarding your suitability or risk threshold for such an investment. You alone are responsible for determining the risks and any merits associated with such an investment and for conducting due diligence prior to participating in any process conducted on the Website.
Bids - Generally
All properties will be offered for sale via the Website and bids are placed electronically through the Website. Each time a bid is placed, the bidder will be prompted to certify that he or she has read and agrees to comply with the terms of this Agreement. Bids will not be accepted without this certification, and the certification shall also act as a bidder’s acknowledgment and agreement to abide by the laws applicable to the auction and his or her understanding of and compliance with those laws. Archon digitally catalogues all bid amounts and the placement times.
Bids - Louisiana Tax Sales
For the purpose of a Louisiana tax title sale, the lowest bid submitted shall be the winning bid. Accordingly, a bid is indicative of a willingness to pay the TOTAL amount due on a property, for a specified percent interest in said property. Submission of a bid is not a guarantee of a winning bid or purchase of this property. Should your bid be selected as a winning (lowest) bid, you agree to pay the full delinquency owed for the percent interest in the property specified in the bid. All bids will be accepted throughout the duration of the sale. Bidders must verify their account prior to the conclusion of the tax sale or their bid will not be counted. In the event multiple bids are submitted for the same value, the first bid to be submitted shall be declared the winning bid.
Persons wishing to participate in the bidding process of the tax sale are required to either place an amount on deposit (if applicable) or register at least one bank account prior to placing a bid on a property.
Bids - Louisiana Adjudicated Property Sales
The sale(s) of adjudicated property offered through the Website are initiated when an interested person electronically deposits through his CivicSource.com account the amount specified for initiation of a sale of the property. The depositor understands and agrees that the deposit shall be utilized for identifying and notifying all parties with publically recorded interests on the subject property. This process can take as long 120 days, from the date of the deposit until the date of the sale. At the sale, should the depositor fail to be the successful bidder, he shall be fully refunded the deposited amount; however, the refund may take up to as long as three months following the conclusion of the auction. The political subdivision(1) holding the sale, and all employees, agents, and contractors of Archon and such political subdivision(1) shall not owe bidders any amount of interest on such deposit.
In the event that the depositor is the highest bidder, the deposit shall be applied directly to the purchase price. However, if no one at the sale bids up to the minimum advertised price, and if the depositor chooses not to bid, then the money shall be retained to pay the expenses of the sale, with any money remaining after the expenses are paid being returned to the depositor, in accordance with La. R.S. 47:2203.
A successful bidder of adjudicated property shall be issued a Non-Warranty Cash Sale Certificate as provided by La. R.S. 47:2207B within 45 days of the close of the auction.
Bids – Missouri Tax Sale
MISSOURI HAS STRICT BIDDER REGISTRATION REQUIREMENTS. THE FOLLOWING REQUIREMENTS ARE IN ADDITION TO THOSE FOR CREATION OF A BIDDER ACCOUNT ON CIVCSOURCE.COM - YOU MUST COMPLETE BOTH AND BE APPROVED BY THE MISSOURI COUNTY COLLECTOR TO BE APPROVED TO PARTICIPATE IN THE SALE.
If you are a Missouri resident, at least 18 years of age, and submit an affidavit to the County Collector attesting that you owe no delinquent taxes on Missouri property, then you are eligible to bid at the tax sale. If you are bidding in the name of a business, that business must be registered with the Missouri Secretary of State, and you also will need to complete an Affidavit of Financial Responsibility and Authorization to Bid. If you are not a Missouri resident or a business entity already registered with the Missouri Secretary of State, you must complete a different affidavit appointing a person or company domiciled in the County in which you intend to bid, and have your agent acknowledge the appointment, attest to having no delinquent taxes on Missouri property and consent to the jurisdiction of the County Circuit Court. Complete and deliver the appropriate bidder affidavits to the County Collector's Office. Until the County Collector has received your affidavits and approved your registration, you will not be able to place a bid in that County’s tax sale. When the County Collector has approved your registration, you will be notified. You must also complete this registration process on CivicSource.com.
Missouri tax sales are conducted by public auction. The starting bid at a Missouri tax sale will be the combined amount of the delinquent tax owed on the property, accrued interest, legal penalties, all allowed pre-auction costs, and, if elected by the County Collector, the reasonable and customary costs for required post-auction due diligence performed on the winning bidder’s behalf by the County Collector. If more than one person bids on the property, there is no maximum amount which can be bid, and the property ultimately will be sold to the highest bidder as of the conclusion of the auction. If you are the successful bidder on any property, you must pay the amount of your winning bid immediately after the completion of the sale by ACH transaction from your registered bank account with CivicSource. If you wish to pay by bank wire, contact a CivicSource support representative for further instructions.
Any property sold at a in Missouri tax sale will have a set period of time immediately following the sale date – also referred to as the “redemption period” – in which the delinquent tax payer has the absolute right to pay a statutorily-set amount that, when timely paid, releases and terminates any rights the winning bidder acquired in the property because of the tax sale. A redemption amount will be comprised of the starting bid amount for that property at the tax sale, accrued interest thereon at the rate of 10% per annum (no interest accrues on any overbid or pre-paid, post-sale costs), any subsequent taxes paid by the tax sale purchaser along with interest at the rate of 8% per annum, and any reasonable and customary post-auction due diligence costs. For all properties with a particular year’s delinquency being offered at tax sale for the first or second time, the redemption period is one year from the tax sale; and for those with a delinquency being offered a third time, the redemption period is a minimum of 90 and a maximum of 135 days, depending upon the date the required post-sale interested party notices are mailed.
Satellite Imagery
Satellite imagery and map views of properties offered for sale are provided for reference purposes only and are not indicative of property condition or location.
The bidder is invited, urged and cautioned to research the property prior to submitting a bid. Failure to research property shall not constitute cause for cancellation of the sale.
Property Descriptions
All information contained on the Web site was derived from sources believed to be correct, but there is no guarantee of the accuracy of the information.
Participant acknowledges that he/she has performed all research and diligence he/she deems to be necessary or appropriate and that he/she has relied entirely on his/her own information, judgment, and inspection of the property in deciding whether to participate in any auction conducted on the Website.
Purchase Contract
The placement of a successful bid at a tax sale establishes a legally binding contract to purchase an interest in the property between the successful bidder and the client. The notification of a winning bid at the close of the tax sale establishes the contract, which is deemed accepted by the client. This contract is bound by the terms of this Agreement and by all other Louisiana laws and local ordinances governing purchase contracts.
The successful bidder is legally bound to pay for property awarded. In the event of non-payment, site access will be terminated.
Payments
Payment methods accepted are electronic check (ACH) or wire transfer.
Winning bidders will receive an invoice via e-mail displaying the balance due on their winning bids.
This is a cash sale. All payments, including wire transfer confirmation, must be made or received in full within 1 business day of the close of the auction. Payment is made by one installment. Wire transfers may be made in more than one installment, but a fee will apply for each additional installment.
Successful Bidders' Succession
Electronic notification will be sent to the successful bidder at the close of the tax sale. Failure to remit payment within the allocated time period will result in the property being offered to the next highest bidder.
Sale Cancellation
If the political subdivision(1) determines that the tax sale should not have occurred due to circumstances outside of its control, it reserves the right to cancel a sale and refund the tax sale purchaser the tax sale purchase price without repayment of the redemption penalty or interest in a manner pursuant to the applicable laws of the State in which the property is located.
Law and Enforceability
To the maximum extent permitted by law, the laws of the State of Louisiana, USA, govern this Agreement, and you hereby consent to the exclusive jurisdiction and venue of courts in New Orleans, Louisiana, USA, in all disputes arising out of or relating to the use of the Website.
Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
It is a crime to bid rig, price fix or collude at a public auction. CivicSource monitors its auctions for signs of illegal, anti-competitive behavior and will refer suspected violations to state and federal law enforcement officials.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Disclaimer
Archon's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Archon's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Archon with respect to such use.
The information, software, products and services included in or available through the Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Archon and/or its suppliers may make improvements and/or changes to the Website at any time. Advice received via the Website should not be relied upon for personal, legal or financial decisions, and you should consult an appropriate professional for specific advice tailored to your situation. Archon and/or its clients and suppliers make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software, products, services and related graphics contained on the Website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is," without warranty or condition of any kind. Archon and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including, but not limited to, all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the political subdivision(1) or its officials and agents, Archon and/or its agents, employees, contractors or suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website, with the delay or inability to use the Website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise, even if Archon or any of its suppliers has been advised of the possibility of damages.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Website.
User hereby acknowledges and understands that none of the information made available though or provided by CivicSource, whether written or verbal or electronic, which in any way pertains to any auction or property being auctioned shall be considered legal advice; and that at no time has CivicSource or Archon Information Systems, LLC and/or any of its owners, employees, contractors, agents or attorneys provided legal advice to, or engaged in any legal representation of user, which is in any way related to any auction or property being auctioned.
Modification
Archon reserves the right to change the terms, conditions and notices of this Agreement, without notice.
Non-waiver
The deliberate non-enforcement or the failure to enforce any term of this Agreement shall not be considered a waiver of any right to enforce such term. In addition, no waiver of a breach of any term of this Agreement shall constitute a waiver of any other breach of such term or of any other term.
Copyrights and Trademarks
All contents of the Website are copyright 2008-2012 of Archon and/or its clients or suppliers. All rights reserved.
The Archon name and service mark and its products mentioned herein, including, without limitation, the CivicSource® name and service mark are registered trademarks and service marks of Archon Information Systems, L.L.C. Any rights not expressly granted herein are also reserved.
Completeness
Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Archon and the political subdivision(1) with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Archon with respect to the Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Refund
All purchases made through the Website are final and will be non-refundable. In no instance will Archon consider a refund when a purchase has been completed unless a refund is required by operation of law.