Agreement between User and www.legacyhomerealtors.com
Welcome to www.legacyhomerealtors.com. The www.legacyhomerealtors.com website (the “Site”) is comprised of various web pages operated by Legacy Home And Estate Services. www.legacyhomerealtors.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.legacyhomerealtors.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.legacyhomerealtors.com is an Real Estate Site.
Legacy Home and Estate Services is a company that auctions personal property. We offer our bidders an opportunity to bid on second hand personal property that are free of encumbrances.
Visiting www.legacyhomerealtors.com or sending emails to Legacy Home and Estate Services constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Legacy Home and Estate Services is not responsible for third party access to your account that results from theft or misappropriation of your account. Legacy Home and Estate Services and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Legacy Home and Estate Services does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.legacyhomerealtors.com only with permission of a parent or guardian.
Since all items are sold “as is” and “where is”, Legacy Home and Estate Services does not offer returns or cancellations of orders.
All Bids are Binding
We will make an attempt to collect on winning bids that are not paid at the end of the pickup through our Stripe Credit Card processing system.
Links to Third Party Sites/Third Party Services
www.legacyhomerealtors.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Legacy Home and Estate Services and Legacy Home and Estate Services 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. Legacy Home and Estate Services is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Legacy Home and Estate Services of the site or any association with its operators.
Certain services made available via www.legacyhomerealtors.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.legacyhomerealtors.com domain, you hereby acknowledge and consent that Legacy Home and Estate Services may share such information and data with any third party with whom Legacy Home and Estate Services has a contractual relationship to provide the requested product, service or functionality on behalf of www.legacyhomerealtors.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Legacy Home and Estate Services or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Legacy Home and Estate Services content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Legacy Home and Estate Services and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Legacy Home and Estate Services or our licensors except as expressly authorized by these Terms.
Required Payment Profile – Each registered bidder must have valid payment details, such as a valid credit or debit card saved within their profile. Without such information, bids will not be accepted or recorded with Legacy Home and Estate Services. Legacy Home and Estate Services reserves the right to charge the registered bidder’s credit/debit card for the cost of items won or purchased, buyer’s premium, sales tax, late fees, delivery fees and any other costs associated with the purchase and retrieval of an item. It is the sole responsibility of the account holder to ensure that the payment information within his or her profile is up to date, valid and that he or she has authorization to incur charges to that account. In the event that a registered bidder does not have valid credit/debit card information saved within their profile, Legacy Home and Estate Services reserves the right to cancel bids/listings and/or suspend accounts without warning. Outstanding payments attached to an account with invalid payment information are subject to legal action and Legacy Home and Estate Services may utilize a collection agency or other legal means to collect the amount due deemed appropriate by Legacy Home and Estate Services.
Accepted Payment Methods – Legacy Home and Estate Services will only accept payment online with credit card or debit card unless the payment exceeds $7500 or deemed appropriate on an individual basis by Legacy Home and Estate Services.
Legacy Home and Estate Services reserves the right to charge the winning bidder for items that were not retrieved following the scheduled pick-up date listed for that particular auction. Charges will be made to the account details saved within the bidder’s profile. Additional fees may be added to the total cost depending on the circumstances of a missed pick-up. The exact amount of additional fees collected will be at the discretion of Legacy Home and Estate Services.
Items won are not permitted to be collected until proper payment has been completed. Legacy Home and Estate Services reserves the right to hold items until payment is confirmed.
If the shipment of items has been requested, payment must be completed prior to shipment. Legacy Home and Estate Services will not release the item to the shipping company until payment has been completed.
Sales Tax – The appropriate state sales tax will be added to all sales and is expected to be paid in full at the time of purchase. Those who present a state tax exemption form with a valid identification number will be not be charged for state sales tax. Any changes to an individual’s tax exemption status must be communicated with Legacy Home and Estate Services. Legacy Home and Estate Services reserves the right to request tax exemption certificates and any other forms necessary to appropriately document an individual’s exemption status.
Failure to Comply – Failure to comply with the payment policies outline by Legacy Home and Estate Service may result in the suspension of account or legal action, depending on the extent of the circumstances.
Legacy Home and Estate Services primarily utilizes a “local pick-up day” method for item retrieval. In the event that you have won an auction item, it is assumed by Legacy Home and Estate Services that you will attend the local pick-up at the specified date and time indicated on the item’s page. An item’s page is defined as the web page that features a single item/lot with the description, condition and pickup information visible.
Bidders should confirm their availably and ability to retrieve items on the appropriate day and time prior to placing a bid. It is the responsibility of the bidder to remove the items he or she has won and be prepared to do so with proper tools and assistance if needed. Failure to attend the local pick-up day may result in forfeiture of the item regardless of whether payment has been completed.
Delivery Options – Legacy Home and Estate Services has partnered with Fragile Pack of Louisville. Additional costs will apply, contact Fragile Pack for a quote. If delivery is desired, it is the responsibility of the winning bidder to notify Legacy Home and Estate Services prior to the pick-up day. Not all items are eligible for delivery. Other third party shipping agencies may be available, the bidder is responsible for communicating with Legacy Home and Estate Services if a third party shipping company will be utilized.
Legacy Home and Estate Services waives responsibility for items lost or damaged through packaging, shipment or delivery and cannot guarantee delivery by a certain date or time.
Missed Pick-Up Day – In the event that a bidder has missed the designated local pick-up day for an item he or she has won, a $20 additional fee will be charged to retrieve the item on a separate day and time. Not all items are eligible for an alternative pick-up date and time, Legacy Home and Estate Services reserves the right to deem items ineligible for alternate pick-up based on but not limited to circumstance, item size, pick-up location and/or availability. Legacy Home and Estate Services may charge a fee greater than $20 depending on the nature, size and quantity of items requiring an alternate pick-up. Failure to communicate and request an alternate pick-up date prior to the end of the designated pick-up time may result in forfeiture of the item.
Title and Ownership: Title and ownership of items transfer from the seller to the buyer at the time of pick-up. Legacy Home and Estate Services is not responsible for damage or loss of items during the packing and removal of items.
Legacy Home and Estate Services is not responsible for insuring items that are under contract to be sold through their online platform. It is the responsibility of the seller to maintain their insurance throughout the auction/selling process.
Abandoned Items – Abandoned item is defined as an item won at auction but the winning bidder has failed to pick-up the item(s) on the designated pick-up day and failed to communicate with Legacy Home and Estate Services within 2 days of the end of the auction about alternate item retrieval options. Abandoned items are expected to be paid in full and Legacy Home and Estate Services reserves the right to charge the credit/debit card on file for the total cost, including but not limited to buyer’s premium and state sales tax, of the abandoned item.
The seller hereby acknowledges and agrees that Legacy Home and Estate Services has the right to resell, retain, dispose of or donate abandoned items.
Third Party Accounts
You will be able to connect your Legacy Home and Estate Services account to third party accounts. By connecting your Legacy Home and Estate Services account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Legacy Home and Estate Services from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Legacy Home and Estate Services Content accessed through www.legacyhomerealtors.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Legacy Home and Estate Services, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Legacy Home and Estate Services reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Legacy Home and Estate Services in asserting any available defenses.
We are not responsible for the carelessness of others at pickup. We will follow CDC guidelines as imposed by the State of Kentucky.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Legacy Home and Estate Services agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LEGACY HOME AND ESTATE SERVICES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
LEGACY HOME AND ESTATE SERVICES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE 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. LEGACY HOME AND ESTATE SERVICES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Legacy Home and Estate Services reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Kentucky and you hereby consent to the exclusive jurisdiction and venue of courts in Kentucky in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Legacy Home and Estate Services as a result of this agreement or use of the Site. Legacy Home and Estate Services’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Legacy Home and Estate Services’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Legacy Home and Estate Services with respect to such use. 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.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Legacy Home and Estate Services with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Legacy Home and Estate Services with respect to the Site. 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. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Legacy Home and Estate Services reserves the right, in its sole discretion, to change the Terms under which www.legacyhomerealtors.com is offered. The most current version of the Terms will supersede all previous versions. Legacy Home and Estate Services encourages you to periodically review the Terms to stay informed of our updates.
Legacy Home and Estate Services welcomes your questions or comments regarding the Terms:
Legacy Home And Estate Services
7202 Hwy 329, Suite 3
Crestwood KY 40014