Terms and Conditions

WEBSITE TERMS AND CONDITIONS

This document governs the relationship between you and CharityAuctionsToday.com LLC when you use our online services.

TERMS OF SERVICE

We provide our service to you subject to the following terms and conditions. You must read and electronically sign the terms and conditions of this contract before using the service. By using the service you agree to be bound by the terms and conditions set out below which may be updated by us from time to time.

In addition, when using our services, you shall be subject to any applicable guidelines and rules applicable to such service which may be posted by us from time to time. All such guidelines and rules are hereby incorporated by reference into these terms. In the case of any inconsistency between any such guideline or rule and these terms, the guideline or rule shall prevail. If you do not wish to be bound by these terms and conditions, you may not use the service.

1) DEFINITIONS

“Contract” means this agreement;

“Information” means all material delivered by us through the Website;

“Registration Form” means the form you must complete in order to receive newsletters, participate in any Charity Auctions Today produced online auction and/or register for any other reason;

“Registration Information” means all personally identifiable information collected by us when a user registers on any Web site produced and managed by CharityAuctionsToday.com LLC and/or participates in any online auction and/or registers for any other reason;

“Service” means the provision by us to you of access to the Information through this Website;

“we”, “us”, “our” means CharityAuctionsToday.com LLC of Willowbrook IL 60527

“Website” means the relevant website situated at CharityAuctionsToday.com and/or any corresponding sub-domains. “you”, “your”, “yourself” means you, the Service end-user.

“Non-profit” means any corporation legally organized, registered and recognized by the IRS as meeting the qualification and standards for classification under the IRS code 501(c)3.

“Donations” means items to be auctioned off or monetary contributions to any corporation legally organized, registered and recognized by the IRS as meeting the qualification and standards for classification under the IRS code 501(c)3, performed in accordance to regulations and practices defined by the IRS for such contributions.

“Donors” means financial and/or in-kind contributors to any corporation legally organized, registered and recognized by the IRS as meeting the qualification and standards for classification under the IRS code 501(c)3, performed in accordance to regulations and practices defined by the IRS for such contributions.

“Auction” means an online or mobile event designed to connect potential Donors with a nonprofit organization with the purpose of securing Donations and give potential bidders the ability to bid on the items they choose.

“Bidder” means individuals who will place monetary bids on the items being auctioned off.

2) REGISTRATION, PASSWORD, SECURITY AND USE

To sign up to receive a newsletter and to access all areas of the Website, you must complete the registration process by providing us with true, accurate, current and complete information about yourself as prompted by the Registration Form. You should then choose a password and an account name. You are then entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to:

  • (a) notify us immediately of any unauthorized use of your account or any other breach of security, and
  • (b) exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2. If you provide any information that is untrue, inaccurate, not current or complete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, we have the right to suspend or terminate your access to those parts of the Service requiring registration.

You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message board postings or other uploaded content will be retained by the Service and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service; provided that any such deletion or failure is consistent with our generally applied practices and limits. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with reasonable notice to you.

3) DISCLAIMER OF WARRANTIES

The Service is provided on an “as is” and “as available” basis and we make no warranties or representations, whether express or implied, in relation to the Service, including but not limited to implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose.

You acknowledge that:

  • (a) it is technically impossible to provide the Service free of faults and that we do not undertake to do so;
  • (b) faults may lead to temporary unavailability of the Service;
  • (c) the results that may be obtained from the use of the Service may include inaccuracies or typographical errors; and
  • (d) the operation of the Service may be adversely affected by conditions and performances outside our control, including without limitation, transmission and telecommunications links between us and you, between different parts of our network, and between us and other systems and networks. You further acknowledge that some of the information, for example software, is supplied to us by third parties and accordingly we offer no warranty of whatever nature in relation to such information.
  • (e) CHARITYAUCTIONSTODAY.COM does not provide a list of people for you to contact. All people bidding on your auction will be referred to the site by you or your supporters.
  • (f) all money raised goes directly into your merchant account or collected offline through cash, check or credit card. We do not have access to the money you raise.
  • (g) you will pay us a per auction fee upfront and/or a performance fee on total amount raised and we will provide a platform for you to hold your online auction.
  • (h) notwithstanding anything to the contrary herein, we will use commercially reasonable efforts to (1) provide the Website, Service, software and any and all related products and services free of faults and errors, inaccuracies, or other flaws and (2) otherwise meet your reasonable expectations.

4) LIMITATION OF LIABILITY

The parties agree that, except for death and personal injury arising from the indemnifying parties’ negligence, neither party shall be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with this contract or the use or performance of the Service or related Website, including without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary loss (even where the indemnified party has been advised of the possibility of such loss or damage).

5) RIGHTS GRANTED/ RIGHTS RESERVED

We provide the Information to you solely for your personal, non-commercial and/or charitable purposes. The Information may not be used for any other purpose including, publication, reproduction or transmission without our express written permission, subject to which you may upload and/ or send material derived from the Information or other material to us.

By uploading or sending any material to us, you thereby grant to us an irrevocable, unconditional, royalty free license to use such material or any part of it solely to the extent necessary for us to complete the services that you have requested of us, and subject to Section 17. We will notify you if we require any additional licenses to use your materials for any promotional, technical, or other use not strictly required to provide the services.

You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble or otherwise attempt to discover the source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Information.

6) USER CONDUCT

We provide the Service to you solely for your, personal, private use. You undertake not to use the Service:

  • (a) for any unlawful purpose;
  • (b) in any way so that the Service is interrupted, damaged, rendered less efficient or the functionality of the Service is in any way impaired;
  • (c) in any way that may damage or disrupt another user’s computer;
  • (d) for the transmission, uploading or posting of any computer viruses or any harmful or deleterious files or programs;
  • (e) to transmit, upload or post any material which is defamatory, offensive, racist, vulgar, libelous or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;
  • (f) as a means to threaten, stalk, harass, abuse, or otherwise insult other users or to collect or store personal data about other users;
  • (g) in a manner which constitutes a violation or infringement of any person, firm or company’s rights (including, but not limited to, rights of copyright or confidentiality);
  • (h) to transmit any material for the purposes of publicity, promotion and/or advertising without our prior written consent unless such transmission has been specifically requested by another user of the Service;
  • (i) to create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to impersonating a CharityAuctionsToday.com employee, manager, host or another user; or
  • (j) to transmit, upload, post or otherwise make available any solicited or unauthorized advertising, promotional materials, “junkmail”, “spam”, “chain letters”, “pyramid schemes” or any duplicative or unsolicited messages.

However, we do not control the content posted via you or other users on the Service and as such, do not guarantee the accuracy, integrity or quality of such content. By using the Service, you acknowledge that you may be exposed to content that is offensive or objectionable. Under no circumstances will we be liable in any way for any content or any damage incurred as a result of you accessing any content posted or otherwise transmitted via the Service. You acknowledge that we do not monitor or pre-view any content posted via you or other users of the Service, but that we shall have the right (but not the obligation) to refuse access to or move any content made available via the Service.

7) PARENTAL RESPONSIBILITY

We are concerned about the safety and well being of all our users, but in particular children. CharityAuctionsToday.com LCC requires that all users must be at least 18 years of age. Parents may not allow their children to use the Service and should take care to supervise their children. We remind you that the Service is designed for use only by legal adults. As the legal guardians, we remind parents that it is their responsibility to supervise children and their activities.

8) INDEMNIFICATION

You further undertake that in the event that you have any right, claim or action against any other user arising from the use of the Service, you shall pursue such right, claim or action independently of, and without recourse to us.

Each party will fully indemnify and defend the other party against all claims, liabilities, damages, costs, and expenses, including legal fees, (collectively, “Losses”) arising out of the indemnifying party’s breach of this contract. You will fully indemnify and defend us against all Losses arising out of any use of the Service, the information, or the Website by you, other than as a result of our negligence or misconduct.

You acknowledge that we have limited control over the nature or content of information or programs transmitted or received by you or other users using the Service and that we do not examine in any way the use to which you put the Service.

You agree to fully indemnify us against any claims or legal proceedings arising in connection with your use of the Service which are brought or threatened against us by any person, other than as a result of our negligence or misconduct.

9) INTELLECTUAL PROPERTY

You acknowledge that all copyright, trademarks and all other intellectual property rights in the Service shall remain vested in us or our licensors. Nothing herein shall be construed to grant either party a license or any right to the other party’s tradenames, trademarks, logos, service marks, or other intellectual property (collectively, “IP”) and neither party will use the IP of the other party.

10) SUSPENSION AND TERMINATION

We shall have the right to immediately terminate this Contract and/or suspend your access to the Service if you commit a breach of thee terms and conditions. You may terminate this contract at any time without penalty and will have no further obligation to us excepting payment for Service previously received.

11) USER PRIVACY

Please refer to our Privacy Policy concerning our treatment of the Registration Information and/ or any other personal information relating to you that we collect in the course of providing the Service.

Additionally, you may inquire about any specific privacy issues or concerns by sending an email to support@CharityAuctionsToday.com

12) PAYMENT PROCESSING

Payment processing services for auction admins running auctions on CharityAuctionsToday are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a auction admin running auctions on CharityAuctionsToday, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of CharityAuctionsToday enabling payment processing services through Stripe, you agree to provide CharityAuctionsToday accurate and complete information about you and your business, and you authorize CharityAuctionsToday to share it and transaction information related to your use of the payment processing services provided by Stripe.

13) CHANGES TO THE TERMS AND CONDITIONS AND THE SERVICE

Excepting Sections 2,3,4,5,8,9 and 10 above, we reserve the right to change these terms and conditions from time to time by promptly placing a note of such change in this file, and your continued use of the Service following notice of such change shall be deemed to be your acceptance of any such change.Sections 2,3,4,5,8,9 and 10 above may only be amended with your express written authorization. It is your responsibility to check this file regularly to determine whether this Contract has been changed. If you do not agree to any change in the terms and conditions of this Contract then you may terminate your use of this Service at any time. We also reserve the right to change and update the Service from time to time.

14) SEVERABILITY

Each provision of this Contract excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of this Contract.

15) NO WAIVER

No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

16) CHOICE OF LAW AND JURISDICTION

This Contract shall be governed by United States law and the parties hereby irrevocably submit to the exclusive jurisdiction of the State of Illinois courts.

17) DATA OWNERSHIP

Nothing herein is intended to grant us ownership nor any right or title to any data, information, or specifications created by you, your agents or other third parties engaging the Service or Website on your behalf or otherwise in relationship to you. We will comply with our privacy policy and all applicable data security and privacy laws with respect to any data or information provided by you or your agents in connection with the Service or the Website.

These Terms and Conditions were last updated April 1st, 2016

 

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