The most recent Amendments to this User Agreement (the "Agreement") were posted on April 22, 2019
You represent and warrant that you are at least 18 years of age.
If you are acting on behalf of another person or entity, such as an
employer or principal, you represent and warrant that you are duly
authorized to act on behalf of such person or entity in connection with
the transactions to be undertaken using this Web Site and that you have
the authority to bind such person or entity to the terms of this
This Agreement is between you (or you on behalf of the person or
entity that you represent, such entity hereafter referred to as "You,"
and in the possessive as "Your"), the Bay County Tax Collector
(the "Tax Collector") with whom You transact business through this
site, and Grant Street Group (“Grant Street”) as the designated service
provider of the Tax Collector. BidBayCounty.com is a web site (the "Web
Site") used for tax lien auctions.
You acknowledge that you have read and understood the terms of this
Agreement. Upon acceptance of the terms of this Agreement, You
will be granted access to BidBayCounty.com for the sole purpose of
participating in the BayCounty Tax Collector’s tax lien auctions.
You acknowledge and agree that Your use of the Web Site 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 Web
Site (the "Proprietary Information") constitute valuable intellectual
property and proprietary materials (including without limitation trade
secrets) owned by Grant Street.
Unauthorized use of the Web Site, including but not limited to
unauthorized entry or attempted entry into any systems, misuse of
passwords, misuse of any information posted to the Web Site, or illegal
conduct is strictly prohibited. Except as expressly provided in
this Agreement, You agree not to copy (except for downloads permitted
by the Web Site tools), save, print, reveal to any third party,
publish, post on the Internet, permit access to, disseminate,
distribute, disclose or modify any Web Site 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 Web Site.
Your license to use the Web Site is limited to Your participation in
tax lien auctions conducted by the Bay 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 Web Site, (ii) resell or redistribute
any part of the information obtained from the Web Site, or (iii) permit
or attempt to permit any third party to access, view or use any part of
the Web Site.
You agree not to interrupt or attempt to interrupt the operation of
the Web Site or in any way attempt to gain unauthorized access to the
Web Site, any portion thereof or to any other computer systems through
the Web Site. You further agree that You will not use any device,
software or program to interfere with proper operations of the Web Site
nor will you use the Web Site in any manner that could damage,
overburden, or impair the Web Site or interfere with any other party’s
use of the Web Site. 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 Web Site or any content or
information accessible through this Web Site.
You agree to use commercially reasonable efforts to ensure that any
electronic files or information You transmit through the use of the Web
Site will be free from viruses or other code designed to interfere with
the proper functioning of data information systems.
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 Web Site.
With the exception of web browsers, You agree to use the software
made available to all users through the Web Site to perform the
You agree that the information you provide through the Web Site will be accurate and reliable.
You agree that, each time You submit a qualified bid for a tax
certificate on the Web Site, 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 Collector.
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
Web Site, including, without limitation, the Tax Collector's
requirements with respect to payment deadlines and procedures for any
tax certificates You are awarded.
Neither the Tax Collector nor Grant Street makes any representation
or warranty that the features or appearance of the Web Site 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 Web Site.
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 Web Site 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 Web Site 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
LienAuction@GrantStreet.com, 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 and/or password.
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 Web Site must be in conformance with this Agreement and the User Instructions on the Web Site.
Grant Street and the Bay County Tax Collector each reserve the
right to suspend or revoke Your User ID in the event You violate the
terms of this Agreement.
You agree to comply with all applicable laws and regulations in
connection with Your use of the Web Site 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
The additional terms set forth in this Section apply to Your use of
Grant Street’s payment processing services through the Web Site.
By submitting a payment through Grant Street’s payment processing
services on the Web Site, 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 Web Site 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 Web Site shall be
subject to the exclusive jurisdiction of the State and Federal Courts
located in Bay 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.
This Agreement may be amended at any time (as indicated by the date
shown above). It is Your responsibility to review it from time to time
to keep abreast of new amendments.