BidBaltimore 2017 User Agreement
BASIC SERVICE USER AGREEMENT
Last modified on March 13, 2017

THIS BASIC SERVICE USER AGREEMENT (hereinafter the “Agreement”) is between you (or the person or entity you represent) and the Mayor and City Council of Baltimore, Maryland (hereinafter the “City”).  For purposes of this Agreement, the terms “you,” “your”, “User” and “Registrant” refer to the person reviewing this Agreement, and if such person is reviewing this Agreement in his or her capacity as an employee or agent of another person or entity, the terms “you,” “your”, “User” and “Registrant” include such other person or entity.  The City and you, intending to be legally bound, hereby agree as follows:

ATTENTION: SEVERAL CHANGES HAVE BEEN MADE SINCE THE EARLIER BASIC SERVICE USER FORM AGREEMENTS.  PLEASE READ CAREFULLY.

1.  Registration
  1. Before the City grants you the privilege of registering to participate in the City’s Tax Sale 2017 via this web site (hereinafter the “Web Site”), you must agree to the terms and conditions of this Agreement.  You can only do so by clicking the “I Agree” button at the end of this Agreement.  By clicking the “I Agree” button, you:
    1. acknowledge having read and understood the terms and conditions of this Agreement;
    2. agree to abide by the terms and conditions of this Agreement on behalf of yourself, your employees, your agents and your representatives;
    3. agree to abide by the business rules established by the City regarding the conduct of the tax sale;
    4. agree that you will not discuss your bids or anticipated bids with any other bidder;
    5. consent to the electronic delivery of this Agreement in HTML format; and
    6. agree that this Agreement shall be legally binding upon you, your employees, agents and representatives, assignees, and upon any person or entity for which your participation in the City’s upcoming 2017 Tax Sale via the Web Site is an act within your capacity as such person’s or entity’s employee, agent or representative. 
2.  Third Party Beneficiary
  1. The City has chosen to use the services and assistance of Grant Street Group, Inc. (hereinafter “GSG”) in conducting the City’s upcoming 2017 Tax Sale via the Web Site.  In consideration for the services and assistance GSG will be providing to the City, the City is paying GSG a fee based upon whether a Tax Lien Certificate offered by the City to the public through the Web Site is actually purchased.  Therefore, GSG is an intended third party beneficiary to this Agreement.
  2. Because the City, not GSG, is conducting the upcoming 2017 Tax Sale, GSG’s has limited liability to you regarding the same.
3.  Tax Sale Business Rules:

The City has established the following business rules, governing certain aspects of the Tax Sale and ancillary processes.  These rules are consistent with the authority granted to the City under the Annotated Code of Maryland Tax-Property Article § 14-817(4) to set the terms of the Tax Sale.
  1. Timely Notification by Tax Lien Certificate Holder of Legal and Other Expenses
    1. Tax Lien Certificate Holders are required to provide the City with a means of notification, either an e-mail address or facsimile telephone number, where they can be reached, to facilitate the redemption the Tax Lien Certificate.  The address of record must be kept current, with the City receiving timely notification from the Tax Lien Certificate Holder of any change in the manner by which they are to be notified.  This information should be initially provided by completing the bidder registration screen on the BidBaltimore.com web site.  Any subsequent changes to this information shall be provided to the City as a request to change the Tax Lien Certificate Holder notification address.  For e-mail the request should be sent as an e-mail request to Tammy.Hollie@baltimorecity.gov, or for facsimile notification by faxing the request to the Baltimore City Tax Sale Office at 410-837-6994.
    2. The Tax Sale Office will not assess or collect any fees before or after filing a complaint to foreclose the rights of redemption. The Tax Lien Certificate Holder must collect any fees and provide a legal fee release to the Tax Sale Office. The release must include the amount of attorney’s fees, the amount of the title search fees, and any other costs must be submitted on legal letterhead stationery.  All correspondence in this regard shall be sent to the Tax Sale staff by e-mail or at the following address:
Municipal Office Building
200 Holliday Street, Room 1
Baltimore, Maryland 21202

If the Tax Lien Certificate Holder fails to respond to the City’s contact in a timely and/or satisfactory manner, the City may, at its sole discretion, elect to complete the redemption on behalf of the party in interest without the inclusion of legal and other allowable fees incurred by the Tax Lien Certificate Holder.

After the City provides notice of redemption to the Tax Lien Certificate Holder, any additional action taken or additional fees or expenses incurred by the Tax Lien Certificate Holder shall be at its own expense.

The redeeming party still must pay the City of Baltimore directly for all liens plus interest and any applicable subsequent taxes.
    1. Upon filing a complaint to foreclose the rights of redemption, additional fees may be applicable six months for non-owner-occupied properties and nine months for owner-occupied residential properties from the date of tax sale or sooner if there is a substantial repair order.
Proof of payment of the fees to the Tax Sale Office must include a Release under affidavit that contains an itemized list of the fees paid by the redeeming party, the address of the property(ies), the date of filing the foreclosure, and the applicable foreclosure case number.  If the case number cannot be immediately obtained, proof to the Tax Sale Office must include an affidavit from the attorney stating that a Complaint to Foreclose the Right of Redemption has been filed, the address of the property(ies), the date of filing, and the initial fee associated with the filing.
    1. The City defines “owner-occupied residential property” as a property which is coded as “H” or "D" by the Maryland State Department of Assessments and Taxation (“SDAT”) on January 1st of the year before the date of the tax sale.  That coded designation will be published by the City and shall remain associated with the property for all purposes related to that tax sale, including notices, foreclosure filing dates, dates for adding fees and costs, and redemptions.  It shall remain unchanged for all purposes for that tax sale, regardless of errors or subsequent changes in the coding by SDAT.       
  1. Return of Tax Lien Certificates:
When the property is redeemed prior to issuing the Tax Lien Certificate, the Tax Lien Certificate Holder will automatically receive a refund check from the City of Baltimore for the lien amount and all applicable interest and costs.  If the Tax Lien Certificate has been issued to the Tax Lien Certificate Holder, the Certificate must be returned to the City before the refund is issued.  Failure to return the Tax Lien Certificate to the City will result in withholding of the refund of the lien amount and all applicable interest and costs until the Certificate has been returned to the City.
  1. Tax Sale Voids:
The City shall return the lien amount to the Tax Lien Certificate Holder but shall pay no interest, attorney’s fees, costs, or other charges in connection with any Tax Lien Certificate voided subsequent to award.  Reasons for declaring tax lien certificates void shall include but are not limited to the following: lien previously paid, lien the result of an incorrect or erroneous assessment, lien barred by law from being placed in the tax sale, open-active bankruptcy cases, open-active foreclosure cases, and lien resulting from clerical errors affecting the validity of the tax sale.
4.  License:
  1. After you have completed the registration process and clicked the “I Agree” button, the City will grant you a non-exclusive, non-transferable license to:
    1. access, use, download, review and print the web pages of the Web Site and the displayed and formatted data (collectively, the “Licensed Information”) in the Third Party User portions (hereinafter, the “Registrant’s Portions”) of the Web Site, with the understanding that the City has the sole discretion of determining which portions of the Web Site are to be identified as “Registrant’s Portions”;
    2. access and use certain “tools” including Search, Reports, Bid Upload and Downloads; and
    3. enter and submit your bids for those Tax Lien Certificates for which you wish to bid upon in the  City’s 2017 Tax Sale, if any.
  2. Your license to use the Licensed Information is limited to your internal business use for the purpose of participating in the City’s 2017 Tax Sale via the Web Site.  Thus, you are not permitted to transfer, distribute, disseminate or otherwise disclose the Licensed Information to any individual or third party, other than to:
    1. the City, or the City’s employees, agents or representatives;
    2. GSG, or GSG’s employees, agents or representatives;
    3. those of your employees, agents or representatives, if any, to whom such a transfer, distribution, dissemination or disclosure is necessary for your participation in the City’s 2017 Tax Sale  via the Web Site; and
    4. a person or entity, if any, for which your participation in the City’s upcoming 2017 Tax Sale via the Web Site is:
      1. an act within your capacity as such person’s or entity’s employee, agent or representative and
      2. necessary for your participation in City’s 2017 Tax Sale via the Web Site.
  3. As an expressed condition for being granted the use license of this Section 4, you hereby agree that you will not, or permit any other third party, person or entity to:
    1. use, or attempt to modify, reproduce, decompile, or reverse engineer, any part of the Web Site, the Licensed Information, or any portion thereof, except as expressly permitted in this Agreement or
    2. resell or redistribute the Licensed Information, or any portion thereof, obtained from the Web Site. 
  4. Notwithstanding any of the foregoing, the Web Site contains data that has been provided by third parties.  You may independently obtain such data from such third parties without the restrictions applicable under this Agreement.  However, if you obtain such third party data from the Web Site, then your license to use the same is limited to that set out in this Section 4.
5.  Confidentiality / Proprietary Rights:
  1. The Web Site and its Licensed Information contains information, software and other materials that are proprietary to GSG and protected by U.S. Patents No. 6,161,099 and 7,523,063 and by Federal, State and local trade secret, trademark, and copyright laws.  Such proprietary information, software and other materials includes, without limitation, designs, programming techniques, algorithms, and codes contained within the Web Site, as well as otherwise publicly available information, such as tax and property information relating to the Tax Lien Certificates to be sold, that:
    1. the City or any other party has provided to GSG and
    2. GSG has formatted in a proprietary manner.
All such GSG proprietary information, software and other materials is hereinafter individually and collectively referred to as “GSG Confidential Information”.
  1. You have no right to use any GSG Confidential information found on or through the Web Site or Licensed Information, except as expressly provided in this Agreement.  Accordingly, you agree that you will neither use or disclose, nor permit an unauthorized third party to use or disclose, GSG Confidential information in any manner that is not expressly permitted by this Agreement.  You further agree that you will take reasonable care to protect GSG Confidential information from it being used or examined by an unauthorized third party in any manner that is not expressly permitted by this Agreement. 
  2. Notwithstanding the foregoing, the obligations in this Section 5 shall not restrict any disclosure by you of GSG Confidential information pursuant to any order of any court or government agency, provided, however, that you give GSG prompt written notice of such order which is sufficient to enable GSG to seek an appropriate protective order.
  3. The transactions to be conducted on the Web Site involve the City’s sales of Tax Lien Certificates that have been published in the public domain.  Information that you provide in the course of your use of the Web Site will not be treated as confidential, except as provided in the Web Site’s Privacy Policy, which is incorporated herein by reference.
6.  Access to the Web Site and Licensed Information:
  1. User IDs and Passwords
    1. You shall be solely responsible for the confidentiality and use of the User ID and password you obtain when registering to use this Web Site.  Thus, you agree to hold the City and GSG harmless from and against any harm, financial or otherwise, that results from data, instructions, and commands that are entered on the Web Site by you or persons using your User ID and password with your knowledge or permission.  You are hereby instructed by the City to notify GSG immediately at 1-800-410-3445, if you have reason to believe, or have become aware of, any of the following: 
      1. any loss or theft of your User ID and/or passwords,
      2. any unauthorized use of your User-ID and/or password, or
      3. a violation of your obligation under Sections 4 or 5 of this Agreement. 
    2. Your use of the Web Site must be in conformance with what is set forth in the User Instructions posted on the Web Site. 
    3. You agree that, each time you or one of your designated agents submits a bid for a Tax Lien Certificate on the Web Site, you are making a binding offer to the City to purchase such Tax Lien Certificate, which, if accepted by the City, will form a binding purchase contract between you and the City. 
    4. You agree that you will comply with all rules, requirements, procedures, advisories, instructions and other directives promulgated by the City regarding the purchase of Tax Lien Certificates via the Web Site, including, without limitation, the City’s requirements with respect to payment deadlines and procedures for any Tax Lien Certificates you are awarded.
    5. You agree that the User ID and password you obtain through the Web Site registration process is not transferable. 
    6. You agree to provide accurate and complete information in response to each item of personal data required on the Web Site’s Registration Page, including your proper name, phone number and e-mail address.  If you supply a P.O. Box Number in your registration, you may be asked by the City or GSG to verify your registration information over the telephone before being granted access to the Web Site.  If you provide false, misleading, incomplete or unverifiable information on the Web Site’s Registration Page, you will be denied access to the Web Site.
    7. You agree not to use your User ID and password to access the Web Site or to submit any bids, if you know, or have reason to believe that, your registration or IRS Form W-9 contains inaccurate or obsolete information.
    8. You agree to provide to the City the name of a person or legal entity for use on the Tax Lien Certificate and IRS Form 1099.
  2. Web Site Access/Security
    1. When accessing the Web Site, you must use software, including a web browser, that supports a data security protocol compatible with the protocol required for the Site. 
    2. E-mails sent to the City or GSG over the Internet are susceptible to detection, decryption, eavesdropping or tampering.  Thus, you agree to hold the City and GSG harmless from and against any harm, financial or otherwise, that results from such detection, decryption, eavesdropping or tampering of e-mails.
  3. Use of Software, Programs, Applications or Other Devices to Access the Web Site and Licensed Information
    1. With the exception of applications commonly known as web browsers, you agree to only use the software made available to all Registrants through the Web Site to perform the following functions:
      1. obtaining, downloading, transferring or transmitting any Licensed Information;
      2. entering, submitting or uploading bids; and
      3. preparing and downloading reports generated from data obtained from the Web Site. 
    2. You agree not to use the Web Site or Licensed Information in any manner, or for any purpose, that is unlawful. 
    3. Without limiting any of the foregoing provisions of this Section 5, you agree that you will not use any robot, spider or other similar device to monitor or copy any pages of the Web Site or any content or information accessible through this Site.
    4. You agree that you will not use any device, software or program to interfere with proper operations of the Web Site.
    5. Although the City and GSG will endeavor to minimize the number and extent of changes to the appearance or functionality of the Web Site, neither the City nor GSG makes any representation or warranty that the functionality or appearance of the Web Site will remain unchanged for any period of time before sales for Tax Lien Certificates commence.  Thus, you are hereby put on notice that it may be hazardous to attempt bid submission using custom-built software devices that are designed to work with certain web pages of the Web Site.  Furthermore, you agree to hold the City and GSG harmless from and against any harm, financial or otherwise, that results from changes made to the appearance or functionality of the Web Site.
  4. Revocation of User IDs 
    1. The City has the right, in its sole discretion, to terminate this Agreement and revoke your User ID and password at any time. 
    2. Without limitation of the foregoing, the City may revoke your User ID and password may and terminate this Agreement in the event of any of the following:
      1. your eligibility, authorization and/or affiliation changes;
      2. your e-mail address provided in the registration process becomes revoked, invalidated or cannot receive e-mail transmissions;
      3. you place a winning bid on one or more Tax Lien Certificates and fail to remit proper payment;
      4. the City terminates its use of the Web Site; or
      5. the agreement between GSG and the City, pertaining to GSG’s services and assistance in conducting the City’s upcoming 2017 Tax Sale via the Web Site, expires or is terminated.
  5. Recertification
    1. Your registration may need to be recertified periodically in order to revalidate your personal information.  Notice will be provided when it becomes necessary to recertify your account.
  6.     Failure to Provide W-9
    1. If you have not completed the online Form W-9, or if, for any reason, the City denies you bidding privileges, you will not be permitted on the Web Site between the hours of 8:00 a.m. and 5:00 p.m. on sale days.
7.  User Representation and Warranties:
  1. Registration Information/Eligibility:  You represent and warrant that all the information you are providing in the course of registering to use the Web Site is true, correct and accurate.  You represent and warrant that you are at least eighteen (18) years of age and that you are otherwise eligible to participate in the transactions to be conducted on the Web Site. You represent and warrant that, if applicable, you are in good standing with the Maryland State Department of Assessments and Taxation.
  2. Authority to Bind Principal:  If you are acting on behalf of any person or entity other than yourself in an individual capacity, (for example, if you are an employee or agent of a company that desires to participate in transactions to be conducted on the Web Site), then you represent and warrant that you have all the necessary authority to bind such person or entity to the terms and conditions of this Agreement.  You further represent and warrant that you have the authority to bind the person or entity on whose behalf you are acting to the terms of any transaction you enter through the Web Site.
  3. Acting on Behalf of Principal:  If you are acting on behalf of any person or entity other than yourself in an individual capacity, (for example, if you are an employee or agent of a company that desires to participate in transactions to be conducted on the Web Site), then you represent and warrant that you are, at all times you are using the Web Site, acting on behalf of such person or entity.  If you should at any time cease being in the employ or agency of the person or entity on whose behalf you were acting at the time of registering to use the Web Site, you agree that:
    1. you will notify the City by calling GSG at 1-800-410-3445, and reporting such a change in status
    2. if you desire to access or use the Web Site again in the future, you will modify your registration and submit a new Form W-9 on your behalf and
    3. you will not discuss your bids or anticipated bids with any other bidder except your principal.
8.  Exclusion of Warranties:
  1. The Web Site and Licensed Information are provided “AS-IS” and you accept all risks associated with the manner and purposes for which you may use the Web Site and Licensed Information. 
  2. Neither the City nor GSG shall have any liability, contingent or otherwise, for the accuracy, completeness, timeliness or formatting of any data or information obtained from the Web Site or included within the Licensed Information, or for any decision made or action taken by them or you in reliance upon such information or data. 
  3. You are responsible for performing your own due diligence prior to purchasing a Tax Lien Certificate via the Web Site. 
  4. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE AND NO WARRANTY OF NON-INFRINGEMENT.  THERE IS NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE WEB SITE OR LICENSED INFORMATION AND FUNCTIONALITY.
  5. You agree to hold the City and GSG harmless from and against any harm, financial or otherwise, that results from anything set out in this Section 8.
9.  Limitation of Liability:
  1. IN NO EVENT WILL THE CITY OR GSG BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSSES AND DAMAGES) THAT RESULT, ARISE FROM OR RELATE TO YOUR USE OF THE WEB SITE AND LICENSED INFORMATION AND FUNCTIONALITY OR THE TRANSACTIONS CONDUCTED ON THE WEB SITE, EVEN IF THE CITY OR GSG HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.  YOU AGREE THE CUMULATIVE LIABILITY OF THE CITY AND GSG ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE WEB SITE, THE LICENSED INFORMATION AND FUNCTIONALITY, OR THE TRANSACTIONS CONDUCTED ON THE WEB SITE WILL NOT EXCEED $1,000.
  2. The City disclaims on its behalf and on that of GSG, any representation and makes no guarantee that the Web Site and Licensed Information are virus-free.  However, the City will see that GSG takes commercially reasonable precautions to ensure that the Web Site and Licensed Information are virus-free. 
  3. Neither the City nor GSG will be liable for any loss or damage resulting from voluntary shutdown of the Web Site to address computer viruses, denial-of-service attacks, or other similar problems.
  4. Neither the City nor GSG will be responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Web Site or Licensed Information and Functionality.
  5. You agree to hold the City and GSG harmless from and against any harm, financial or otherwise, that results from anything set out in Section 9(a) through 9(d) of this Agreement.
  6. Since the City determines how its upcoming Tax Sale 2017 Tax Lien Certificate Sales are conducted on the Web Site, and since the information used by the City in conducting its upcoming 2017 Tax Sale is provided by itself, you and third parties, you are relying upon the accuracy of any information displayed thereon at your own risk; and, you agree to hold the City and GSG harmless from and against any harm, financial or otherwise, that results from any and/or all of the following:
    1. the accuracy and/or completeness of information displayed on the Web Site,
    2. your reliance upon such information,
    3. computations based upon the information displayed on the Web Site,
    4. the City’s rights and authority to conduct 2017 Tax Sale via the Web Site,
    5. the City’s rights and authority to use the services and assistance of GSG in conducting the upcoming 2017 Tax Sale via the Web Site, and/or
    6. the manner in which the 2017 Tax Sale is conducted via the Web Site, which includes without limitation:  the time periods during which the Web Site is made available to you, the manner in which the Web Site awards a Tax Lien Certificate in the case of a tie, any of the provisions in the Web Site’s User Instructions, any of the provisions in the Web Site’s Privacy Policy and any of the provisions in the Web Site’s User Agreement. 
10.  Force Majeure:
  1. Neither the City nor GSG shall be liable for any loss resulting from a cause over which neither has direct control, including, but not limited to, failure of internet or mechanical equipment or communication lines; telephone or other interconnection problems; bugs, errors, configuration problems or incompatibility of computer hardware or software; failure or unavailability of Internet access; problems with Internet providers or other equipment or services relating to User’s computer; problems with telephone service; or unauthorized access, theft, operator errors, severe weather, earthquakes or labor disputes. 
  2. In addition, neither the City nor GSG shall be liable for any loss resulting from any events which are beyond the reasonable control of the City or GSG, including, but not limited to, nationalization, strikes, expropriation, seizure, or similar actions by any governmental authority, de facto or de jure, or acts of war, terrorism, insurrection or revolution; or acts of God; or any similar event.
  3. You agree to hold the City and GSG harmless from and against any harm, financial or otherwise, that results from anything set out in this Section 10.
11.  Governing Law / Location of Legal Proceedings:
  1. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Maryland without regard to its choice of law provisions. 
  2. IN THE EVENT THE CITY OR GSG ASSERTS ANY RIGHTS UNDER THIS AGREEMENT AGAINST YOU, YOU HEREBY CONSENT TO THE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS LOCATED IN BALTIMORE CITY, MARYLAND, AND WAIVE ANY DEFENSE TO THE JURISDICTION OF SUCH COURTS BASED ON PERSONAL JURISDICTION OR FORUM NON CONVENIENS.
12.  No Assignment:
  1. You may not assign this Agreement without the prior written consent of the City.  If you desire to assign this Agreement, you are hereby instructed by the City to forward such a request in writing to GSG who will, in turn, report the request to the City. 
  2. This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns.
13.  Tax Lien Purchase Disclaimer:
  1. Neither the City nor GSG make any representation with respect to the suitability of Tax Lien Certificates for purchase by you, your principal, if any, or you or your principal’s employee, agent or representative. 
  2. The tax and property information components of the Licensed Information are provided for informational purposes only, and should not be construed as any recommendation, value or endorsement of any particular Tax Lien Certificate. 
  3. You alone assume sole responsibility of reviewing and determining the risks and merits associated with the purchase of Tax Lien Certificates in the 2017 Tax Sale.
  4. You agree to hold the City and GSG harmless from and against any harm, financial or otherwise, that results from anything set out in this Section 13.
14.  Third Party Sites:
  1. The City hereby places you on notice that your access to any third party site linked to the Web Site is being done at their and your own risk and discretion.  Accordingly, neither the City nor GSG will be responsible for any personal information you may submit to such third party sites.
  2. You agree to hold the City and GSG harmless from and against any harm, financial or otherwise, that results from anything set out in this Section 14.
15.  Entire Agreement:
  1. This Agreement contains the entire agreement between the parties relating to the Web Site and Licensed Information, 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 for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable.
16.  Amendments:
  1. This Agreement may be amended at any time through a written or electronic notice to you, including and possibly limited to a “pop-up” that appears exclusively on the Web Site when you login at some future date.
  2. If the City proposes an amendment(s) to this Agreement, you will have the option to agree or to decline such an amendment(s) through an electronic acknowledgement. 
  3. Failure to agree to such an amendment(s) may result in the City revoking or suspending your User ID and/or access privileges to the Web Site.


Go to:
View:
Powered By Grant Street Group Your information is kept private as specified in our Privacy Policy.
By using this web site, you agree to be bound by the attached User Agreement.
For a written description of how to operate this web site, read the User Instructions.
For questions related to operation of the web site, call 800-410-3445 or E-mail Auction Support.
Copyright © 1997-2017, Grant Street Group. All rights reserved.