Kiko - Realtors, Auctioneers, Advisors
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Terms of Use

www.kikoauctions.com

Welcome to KIKO – Realtors, Auctioneers & Advisors. By visiting or using www.kikoauctions.com (the “Website”), the user understands and agrees to be legally bound by these terms of use (the “Terms of Use”).  These Terms of Use include the KIKO Privacy Policy. Please read and review both the Terms of Use and the Privacy Policy before using the Website.

  1. The Website is a copyrighted work belonging to KIKO. Material published on the Website – including descriptions, photos, maps, graphics, audio and video clips, trademarks, service marks, and other content (collectively, “Content”) – is copyrighted by KIKO, or by other information providers who have licensed their content for use on the Website. Additionally, the entire Content of the Website is protected by copyright as a collective work owned by KIKO. Users may not reproduce, republish, or redistribute Content or any portions thereof, including, without limitation, Content provided by licensors, without the written consent of the copyright owner.
  2. Subject to these Terms of Use, KIKO grants the user permission to access the Website and view the Content solely for the user’s personal, non-commercial use.
  3. These Terms of Use are subject to amendment or revision from time to time. Any amendments or revisions will be published on the Website. It is the responsibility of the user to check the Website periodically for amendments or revisions. Amendments or revisions to the Terms of Use will take effect immediately upon publication on the Website. Should the user disagree with any amendment or revision of the Terms of Use, the users sole remedy is to cease using the Website. Continued use of the Website constitutes agreement to the amended or revised Terms of Use.
  4. The user agrees not to do any of the following:
    1. Use or access the Website for any fraudulent or unlawful purpose;
    2. Use or access the Website to impersonate any person or entity;
    3. Interfere with or disrupt the operation of the Website or access to it;
    4. Transmit or otherwise make available in connection with the Website or access to it any virus, worm, Trojan horse, time bomb, spyware, or other harmful computer code, file, or program;
    5. Restrict or inhibit the ability of any other person to access or use the Website;
    6. Modify, copy, adapt, display, reproduce, publish, license, create derivative works from, frame in another web page, or translate any portion of the Website;
    7. Remove, obscure, or modify any copyright, trademark, or other proprietary rights notice from the Website; or
    8. Transfer or sell any information, software, lists of users, databases, or other lists, products, or services provided through or obtained from the Website, including without limitation, engaging in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information.
  5. Access to some or all of the content, services, and features on the Website may require users to register and/or create an account with a third party vendor, including but not limited to Proxibid and NextLot. Registered users accept responsibility for all activities that occur under the registered user’s account whether or not the user expressly authorizes such activities. The user is responsible for maintaining the confidentiality of the user’s password and for restricting access to the user’s computer so others may not access the Website using the user’s username or account in whole or in part. Please review all third party terms and conditions at your discretion.
  6. The Website may occasionally include links to third party websites. These links are provided for the convenience of the user only and do not signify that KIKO endorses such third party websites. KIKO does not review such third party websites and user acknowledges and agrees that KIKO is not responsible for third party websites, including the terms on which such websites are made available and the privacy policies of such websites, and do not control the website’s content or availability.
  7. KIKO respects the copyrights of others. In accordance with the Digital Millennium Copyright Act (“DMCA”), KIKO will respond to notices of alleged copyright infringement that are duly reported to kiko@kikocompany.com.
    1. If you give notice of copyright infringement by e-mail, an agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action. This information should not be construed as legal advice. We recommend you seek independent legal counsel before filing a notification or counter-notification. For further information about the DMCA, please visit the website of the United States Copyright Office at: http://www.copyright.gov/.
  8. In no event will KIKO be liable to users for any damages, including incidental or consequential damages, arising out of or related to the use of, or the inability to use, the Website or related to any information or services provided to user on or through the Website.
  9. User agrees to waive, release, indemnify, and hold harmless KIKO against any and all losses, claims, damages, liabilities, or expenses, including costs of investigation, attorneys’ fees, and disbursements, which may be incurred by KIKO relative to user’s use of or access to the Website or user’s violation of these Terms of Service.
  10. KIKO may terminate these Terms of Use or user’s access to the Website at any time with or without notice to user.
  11. KIKO will not be liable for any failure to perform any obligation hereunder, or from any delay in the performance thereof, due to causes beyond its control, including industrial disputes of whatever nature, acts of God, public enemy, acts of government, failure of telecommunications, fire or other casualty.
  12. These Terms of Service are void where prohibited by law, and the right to access the Website is revoked in such jurisdictions.
  13. Questions and comments about the content of the Website may be sent by e-mail. KIKO tries to read all comments and tries to respond to as many as possible.
  14. A failure by KIKO to enforce or insist upon the strict performance on the part of a user of any covenant, duty, agreement, or condition in these Terms of Use or to exercise any right or remedy consequent upon a violation thereof will not constitute a waiver of any such violation or any other covenant, duty, agreement, or condition. A waiver upon one or more occasion will not constitute a bar or a waiver of any right or remedy on any future occasion.
  15. These Terms of Use supersede any previous Terms of Use, represented by KIKO, and any agreement(s) between KIKO and any user, whether express or implied, verbal or written.
  16. In the event that any provision contained in these Terms of Use is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions of the Terms of Use will not be in any way impaired.
  17. In the event a dispute arises concerning these Terms of Use and/or the performance of any visitor or user or Kiko (including any owner, officer, agent or employee of Kiko) arising out of or in any way related to these Terms of Use or any of their acts or performance in connection therewith, the dispute shall be submitted to binding arbitration through and pursuant to the Commercial  Rules of the American Arbitration Association. (“AAA”) (Rules can be found at adr.org) By agreeing to arbitration, all parties waive their right to court or jury trial.  All claims, including crossclaims and counterclaims, must be brought in the arbitration or are waived. It is understood that the arbitration will be administered by AAA and will include the use of one of its arbitrators. The arbitrator shall have actual experience with this type of Website. All issues of arbitrability shall be determined solely by the arbitrator. All costs and/or fees of the arbitration shall be equally divided among all parties to the arbitration and all parties to the arbitration shall be solely responsible for paying their own attorney’s fees. Unless prohibited by law, all incidental, consequential, and punitive damages of any type or nature are hereby waived by all parties.  Any and all disputes, whether by arbitration or otherwise, shall be venued, heard and decided in Stark County, Ohio, unless otherwise agreed to by all parties.