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