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New Orleans

User Agreement

Contents

In General

Archon Information Systems, L.L.C. (Archon) is acting as an agent of the City of New Orleans and Orleans parish (political subdivision) with respect to the administration of this online tax sale. The tax sale is administered exclusively through the web site, NewOrleansTaxSale.com (Web site), which is comprised of various web pages operated by Archon. The Web site and participation in the tax sale is offered to you conditioned upon your acceptance, without modification, of the terms, conditions and notices contained in this User Agreement (Agreement).

Property Removal

The political subdivision 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 Web site access at any time, without notice.

Linked Sites

The Web site may contain links to other web sites (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.

Unlawful Use

As a condition of your use of the Web site, you warrant to Archon that you will not use the Web site for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Web site in any manner that could damage, disable, overburden or impair the Web site or interfere with any other party's use of the Web site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web site.

Bidder Eligibility

Bidder warrants that he/she is not:

(a) under 18 years of age;

(b) an employee of any department or agency of the political subdivision prohibited by regulation or statute from purchasing property sold hereunder;

(c) an agent or immediate member of the household of the employee in (b) above;

(d) the contractor, subcontractor or vendor, or their agent who has access to information concerning the property to be sold at the political subdivision's tax sale that is not generally available to the public.

Bidder Registration

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.

By registering on this Web site, the participant certifies that any and all information submitted is truthful. Any information the individual submits as part of registration is in acknowledgment of its use in regards to this Web site and online tax sale process and is confirmation of his/her full and complete understanding of all terms and conditions and his/her agreement to be bound thereby. Therefore, bidders are cautioned to carefully read all applicable terms and conditions contained in this Agreement before registering on the Web site.

Electronic Bids

All properties will be offered for sale via the Web site and bids are placed electronically through the Web site. Each time a bid is placed, the bidder will be prompted to certify that they have read and agree to comply with the terms of this Agreement. Bids will not be accepted without this certification.

Archon digitally catalogues all bid amounts and the placement times.

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 relied entirely on his/her own information, judgment and inspection of the property.

Purchase Contract

The placement of a successful bid at a tax sale establishes a legally binding contract to purchase the tax sale certificate to the property between the successful bidder and the political subdivision. The notification of a winning bid at the close of the tax sale establishes the contract, which is deemed accepted by the political subdivision. 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.

Payments

Payment methods accepted are electronic check (ACH), cash payment accompanied by a printed invoice generated from the purchases screen (made in person at the office of the tax collector located at 1300 Perdido Street, Room 1W39, New Orleans, Louisiana) or certified funds payment accompanied by a printed invoice generated from the purchases screen (delivered in person to the office of the tax collector located at 1300 Perdido Street, Room 1W39, New Orleans, Louisiana or sent to P.O. Box 58109, New Orleans, LA 70158).

Winning bidders will receive an invoice via e-mail displaying the balance due on their winning bids.

This is a cash sale. All payments must be submitted within 3 business days of the close of the tax sale.

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 bidder.

Sale Cancellation

If the political subdivision 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.

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 Web site.

Use of the Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

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 Web site 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 Web site 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 Web site at any time. Advice received via the Web site 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 suppliers make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software, products, services and related graphics contained on the Web 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. Archon 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.

To the maximum extent permitted by applicable law, in no event shall Archon and/or its 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 Web site, with the delay or inability to use the Web site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Web site, or otherwise arising out of the use of the Web site, whether cased 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 Web site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Web site.

Nothing contained in this Agreement and anywhere on the Web site shall be considered legal advice.

Modification

Archon reserves the right to change the terms, conditions and notices under of this Agreement, without notice.

Copyright and Trademarks

All contents of the Web site are copyright 2008-09 of Archon and/or its suppliers. All rights reserved. The Archon name and its products mentioned herein are trademarked. 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 with respect to theWeb site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Archon with respect to the Web 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.

Sheriffs, do you want to have an online tax sale in your parish or county? Contact us to find out how.