Terms of Use

Please read these Terms of Use (“Terms of Use”). The Terms of Use are a legally binding agreement between you, your heirs, and your representatives (collectively, “You”), and PublicSaleAuction.com LLC (“PSA”) and Auction.com, LLC (“ADC”), and its brands, affiliates, and subsidiaries (PSA and ADC collectively, “Company,” or “we,” “us,” and/or “our”).

Company provides “Authorized Real Estate Sales Professionals” with access to white-label websites (“Websites”) and an auction management system (the “Auction System,” and collectively with Websites and related tools, documents, and applications offered by Company, the “Services”), which are used to facilitate the public sale of properties.  The defined term “Authorized Real Estate Sales Professional” refers to any “Person” (natural person or entity) who is a party to an Agreement with Company to provide Services (“Agreement” or “Software as a Service Agreement”), thereby authorizing such Authorized Real Estate Sales Professional(s) to access and use the Services, subject to the terms and conditions of these Terms of Use and such Agreement. Such Authorized Real Estate Sales Professionals may include court appointed officers and county sheriffs in applicable and participating jurisdictions who conduct auctions of real estate, including in foreclosure sales. Each such piece of real estate whose public sale is facilitated through the Services shall be referred to as a “Propert(y/ies).”

ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU BY COMPANY IN USE OF THE SERVICES ARE RESERVED BY COMPANY AND APPLICABLE THIRD PARTIES.

 

1. ACCEPTING THESE TERMS OF USE AND CHANGES TO THESE TERMS OF USE

These Terms of Use govern your right to access and use our Services, and your use of the Services evidences your acceptance of these Terms of Use. If you do not agree to be bound to these Terms of Use, then you must not access or use the Service.

You represent and warrant that you are an individual of legal age to form a binding contract. If you are agreeing to these Terms of Use on behalf of an organization or legal entity, you represent and warrant that you are authorized to agree to these Terms of Use on that organization's or entity's behalf and to bind them to these Terms of Use (in which case, the references to "you" and "your" in these Terms of Use, except for in this sentence, refer to that organization or entity).

These Terms of Use include only narrow, limited grants of rights to access and use of the Service. No further or unwritten right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY COMPANY, LICENSORS OF THE AUCTION SYSTEM, AND APPLICABLE THIRD PARTIES.

 Company may update or revise these Terms of Use at any time. When changes are made, Company will post the updated Terms of Use on this page and may also provide notice through email or through the Services. All changes take effect immediately upon posting unless otherwise required by law.

You are responsible for reviewing the Terms of Use each time you use the Services. If a tribunal later determines that a notice of changes was insufficient, then the version of the Terms of Use most recently in effect before the disputed change will remain effective until proper notice is provided

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2. INTELLECTUAL PROPERTY

 All elements of the Services—including all content, features, the Websites, tools, applications, and all copyrights, patents, trademarks, service marks, trade names, and other intellectual property rights (“Intellectual Property”)—are owned exclusively by Company or its licensors.

Company grants you a limited, non-exclusive, non-transferable license to access and use the Services only as expressly permitted in these Terms of Use and any applicable Agreement. No other rights or licenses are granted.

You may not use, copy, reproduce, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit any part of the Services except as expressly allowed under these Terms. Any prohibited use may result in the immediate termination of your right to access the Services. Company reserves all rights not expressly granted to you.

All content and components of the Services—including the selection, arrangement, and presentation of materials—are protected by U.S. and international intellectual property laws. You agree to comply with all applicable laws, as well as any copyright notices or use restrictions posted on the Services. You gain no ownership interest or proprietary rights in the Services by accessing or using them. You acknowledge that the Services are valuable commercial products developed at substantial expense.

You may not use any of Company’s trademarks, service marks, trade names, copyrights, logos, or other brand elements in any way that could create confusion or imply an association with you, unless you have Company’s prior written consent.

You may not frame the Websites. You may link to the Websites, provided that you do not do so on any site or platform that contains inappropriate, illegal, infringing, obscene, defamatory, or otherwise objectionable content, or in any way that violates intellectual property, privacy, publicity, or proprietary rights

 

 

3. SERVICE RULES

In addition to adherence to the Participation Terms, there are a number of rules you must follow to use the Services. You agree not to use the Services in any way that:

  • Harms or potentially harms Company, Authorized Real Estate Sales Professional(s), or a third party;
  • Violates these Terms of Use, Participation Terms, Privacy Statement, or other terms that may be applicable to a given Property..
  • Allows you to scrape, monitor, or copy any part of the Services in an automated way, using any robot, scraper, or other method of access other than manually accessing the publicly-available portions of the Services;
  • Violates the restrictions in any Services, or bypasses or circumvents other measures to prevent or limit access to the Services;
  • Creates any derivative works from the Services;
  • Competes with our business or impacts Company’s revenue;
  • Impairs Company’s computer systems or transmits software viruses, worms, or other harmful files;
  • Interferes with any other party’s use and enjoyment of the Services;
  • Attempts to gain unauthorized access to the Service;
  • Attempt to decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Service by any means whatsoever or modify any Service source or object code or any Software or other products, services, or processes accessible through any portion of the Service
  • Uses any part of the Services in unsolicited mailings or spam material;
  • Violates any third party’s rights, such as copyright, patent, and trademark, privacy rights, or any other Intellectual Property or proprietary rights;
  • Threatens, stalks, harms, or harasses others, misleads or deceives others, promotes bigotry or discrimination, defames others, or is otherwise objectionable; solicits personal information, promotes illegal substances, or submits or transmits pornography; or
  • Violates any laws.

5. REPORTING COPYRIGHT INFRINGEMENT

We have adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of our Services who infringe on Intellectual Property, including copyrights. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may provide our Copyright Agent with a written Digital Millenium Copyright Act (DMCA) Notice of Alleged Infringement (“Notice”). You must do all of the following in your written Notice for it to be valid:

  1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including (if the Content is on our website) the URL of the link shown on the website where such material may be found.
  3. Include your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice (if these statements are untrue, you cannot submit the Notice):
    “I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
    “The information in this Notice is accurate and, under penalty of perjury, I affirm that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Company’s Copyright Agent at  contact@publicsaleauction.com

PublicSaleAuction.com Copyright Agent
1 Mauchly, Irvine, CA 92618
contact@publicsaleauction.com

You can leave a message for our Copyright Agent at 919-439-7680, but you cannot use this number to submit a Notice or to otherwise inform us of alleged copyright infringement.To be valid, a Notice must be in writing and must follow the instructions above..

6. DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR CONDUCTING ALL DUE DILIGENCE ON PROPERTIES ON THE SERVICE.  ALL INFORMATION MADE AVAILABLE THROUGH THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND COMPANY MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SERVICES, OR ANY COMMUNICATIONS SENT THROUGH THEM, WILL BE ERROR FREE, UNINTERRUPTED, SECURE, OR FREE FROM HARMFUL COMPONENTS. COMPANY MAY MODIFY ANY ASPECT OF THE SERVICES AT ANY TIME IN ITS SOLE DISCRETION, AND SUCH CHANGES MAY AFFECT YOUR ACCESS OR USE. YOU UNDERSTAND THAT INFORMATION PROVIDED THROUGH THE SERVICES IS SUBJECT TO CHANGE, AND YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS OF USE AND OTHER TERMS APPLICABLE TO PROPERTIES. THIRD PARTY CONTENT MAY BE SUBJECT TO SEPARATE TERMS, AND COMPANY ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT OR FOR ANY LINKED THIRD-PARTY WEBSITES OR SERVICES; COMPANY DOES NOT ENDORSE, GUARANTEE, OR WARRANT THE ACCURACY OR ADEQUACY OF ANY THIRD-PARTY WEBSITES, SERVICES, OR GOODS THAT MAY BE LINKED TO OR FROM THE SERVICES. COMPANY DOES NOT WARRANT THE ACCURACY OF PROPERTY DATA OR LEGAL COMPLIANCE OF ANY SALE CONDUCTED BY SALE OFFICERS.

7. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL COMPANY, ITS SUBSIDIARIES, AFFILIATES, AND/OR OFFICERS USING THE AUCTION SYSTEM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES RESULTING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, MALICIOUS CODE, SYSTEM FAILURE, OR ANY OTHER TECHNICAL OR SECURITY MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF COMPANY, ITS SUBSIDIARIES, AFFILIATES, AND/OR OFFICERS IN CONNECTION WITH THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO ACCESS THE SERVICES, OR (B) ONE HUNDRED DOLLARS ($100). THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

FURTHERMORE, AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITES, APPLICATION, CONTENT, USER SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY COMPANY.

8. INDEMNITY

You agree to fully indemnify, defend, and hold harmless Company, its subsidiaries, affiliates, and their respective officers, directors, employees, agents, and representatives (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (i) your access to or use of the Services; (ii) your violation of any third party right, including any copyright, property, privacy, or other proprietary right; (iii) your Submissions, including the content, accuracy, and legality of such Submissions; or (iv) your breach of these Terms of Use and/or any applicable Participation Terms.

Company reserves the right, at your expense, to assume the partial or exclusive defense and control of any matter subject to indemnification by you. If we do so, you agree to cooperate fully with our defense of the claim. You may not settle any claim subject to indemnification without the prior written consent of Company. We will use reasonable efforts to notify you of any claim, action, or proceeding that is subject to this indemnification obligation upon becoming aware of it.

9. PRIVACY STATEMENT

Our use of your information is governed at all times by PSA’s  Privacy Statement. PSA’s Privacy Statement explains our practices relating to the collection and use of your information in connection with the Services, and is incorporated into these Terms of Use. By using the Services, you consent to the collection and use of your information as set forth in the Privacy Statement.

10. TERMINATION OR STOPPING USE OF THE SERVICES

You can stop using the Services at any time and for any reason.

Without prior notice, we may revoke your registration, suspend your ability to use certain parts of the Services, and/or terminate your access to the Services at any time in our discretion. We may also modify, suspend, or discontinue the Services.

If you breach or threaten to breach any provision of these Terms of Use, in addition to terminating your right to use the Services, we shall be entitled to seek injunctive relief to enforce the provisions hereof, but nothing herein shall preclude us from pursuing any action or other remedy for breach or threatened breach of these Terms of Use. If we prevail in such action, we shall be entitled to recover from you all reasonable costs, expenses, and attorneys’ fees incurred in connection therewith.

In order to protect the Services, we reserve the right at any time to block users from certain IP addresses from accessing and using the Services. We may also request that you stop accessing or permanently destroy certain content or information available through the Services.

11. BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

Please read this section carefully – it may significantly affect your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims.

By using the Services, you irrevocably agree: (a) to waive all rights to trial in a court before a judge or jury on any claim, action or dispute with Company, or Authorized Real Estate Sales Professionals (“Claims”); (b) that any and all Claims you may have will be determined individually and exclusively by final and binding arbitration in Orange County, California before one arbitrator; and (c) that any dispute and Claims will be brought only on an individual basis, you are waiving your right to bring or participate in a class arbitration or class action, and the arbitrator will not have the authority to consolidate any Claims, including of other users, of the Services (“Users”) and will not have the authority to fashion a proceeding as a class or collective action or to award relief to a group or class of Users in one arbitration proceeding.

 

The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the State of California, Orange County. All parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Claims. However, nothing in this section shall prevent us from enforcing our intellectual property rights and/or remedy unfair competition, misappropriation of trade secrets, unauthorized access, fraud or computer fraud, and/or industrial espionage in court.

Judgment on any arbitration award may be entered in any court having jurisdiction. In any arbitration arising out of or related to these Terms of Use, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be a prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.

12. SERVICES AUDITING AND MONITORING

We reserve the right to audit and monitor (manually or through automated means) the use of the Services to ensure compliance with these Terms of Use and to maintain and improve the provision of the Services. We also may, but are not required to, monitor the content on the Services using manual review or technical measures to screen, block, filter, edit or remove content. We may terminate or suspend users’ accounts or delete, edit or remove content that we, in our sole discretion, deem illegal, offensive, abusive, in violation of these Terms of Use or our other 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.

You acknowledge, consent, and agree that we may access, preserve, and disclose information about your use of the Services, including your communications and content you submit, if required to do so by law or in a good faith believe that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms of Use; (iii) respond to claims that any content you submit violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of us, our users and the public.

13. GENERAL TERMS

  1. Force Majeure. No party shall be liable to the other for any default resulting from force majeure, which includes any circumstances beyond the reasonable control of the parties.
  2. Electronic Communications. 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. You agree that you have the ability to store electronic communications such that they remain accessible to you in an unchanged form.
  3. Compliance with Applicable Laws: The Services are controlled within the United States of America and directed to individuals residing in the United States. Company does not represent that the materials or information in the Services are appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable laws. Company and Authorized Real Estate Sales Professionals using the Auction System, reserve the right to limit the availability of the Services to any person, geographic area or jurisdiction at any time in our sole discretion. You represent and warrant that: (a) you are not located in a country subject to trade sanctions or economic embargoes under the laws of the United States of America (“US Sanctioned Countries”); (b) none of you, your affiliates, members, directors or other equity owners (excluding holders of publicly traded shares), and none of their principal officers and employees are (i) listed on the list of Specially Designated Nationals and Blocked Persons published by the Office of Foreign Assets Control, U.S. Department of Treasury (“OFAC”) (available at http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx) (an “OFAC Listed Person”), (ii) an agent, department, or instrumentality of, or is otherwise beneficially owned by, controlled by or acting on behalf of, directly or indirectly, any OFAC Listed Person or US Sanctioned Country, or (iii) otherwise blocked, subject to sanctions under or engaged in any activity in violation of other U.S. economic sanctions; and (c) none of you, your affiliates, members, directors or other equity owners (excluding holders of publicly traded shares), and none of their principal officers and employees are in violation of (i) any applicable anti-money laundering laws, including those contained in the Bank Secrecy Act; (ii) any applicable economic sanctions laws administered by OFAC of the U.S. Department of State; or (iii) any applicable anti-drug trafficking, anti-terrorism, or anti-corruption laws, civil or criminal.
  4. Entire Agreement. You acknowledge that these Terms of Use, any other policies or terms incorporated herein, either in their entirety or by explicit reference, and any other terms and conditions on the Services, constitute the entire agreement between you and us and govern your use of the Services.
  5. Amendment. From time to time, PSA may amend these Terms of Use, which shall take effect immediately. PSA will endeavor to provide notice via email of changes to the Terms of Use, but you remain subject to all such enacted provisions. 
  6. Severability. If any provision of the Terms of Use is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible by law, and the other provisions of the Terms of Use will remain in force. PSA’s Participation Terms, available here Participation Terms, are made subject to these Terms of Use.
  7. Waiver. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed by us in writing. You may not assign the Terms of Use or the rights hereunder without our prior written consent.
  8. Assignment. We may assign the Terms of Use and delegate certain responsibilities, obligations, and duties under or in connection with the Terms of Use in our sole discretion. However, you may not assign any rights you may be entitled to under these Terms of Use without the prior written consent of PSA. These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

14. CONTACT US

For questions about the Services, you should contact contact@publicsaleauction.com or
1 919-439-7680

These Terms of Use were last updated March 1, 2026