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AUCTION RULES

 

Auction Rules, Terms & Conditions

Please read these Rules, Terms & Conditions carefully as they contain important information regarding your rights, obligations and relationship. The Raffle Rules, Terms & Conditions are incorporated herein by reference.

1. Introduction

1.1 THE FOLLOWING RULES, TERMS & CONDITIONS SHALL APPLY TO THE BUSINESS RELATIONSHIP BETWEEN THE CHARITY AND YOU, OUR ACCOUNT HOLDER/USER. BY REGISTERING AND/OR USING THIS WEBSITE. YOU, THE ACCOUNT HOLDER, AGREE AND RECOGNIZE ALL OF THE FOLLOWING RULES, TERMS & CONDITIONS AND AGREE TO ABIDE BY ALL THE BELOW RULES, TERMS & CONDITIONS AND REGULATIONS. THESE RULES, TERMS & CONDITIONS CONSTITUTE THE ENTIRE AND COMPLETE AGREEMENT BETWEEN THE CHARITY AND YOU, THE ACCOUNT HOLDER/USER WITH RESPECT TO ITS SUBJECT MATTER AND SUPERSEDES AND REPLACES ALL PRIOR OR CONTEMPORANEOUS AGREEMENTS, UNDERSTANDINGS, REPRESENTATIONS, DISCUSSIONS, PROPOSALS, LITERATURE, AND THE LIKE, WRITTEN OR ORAL. THIS AGREEMENT MAY BE MODIFIED AT ANY TIME BY THE CHARITY WITHOUT VERBAL OR WRITTEN NOTICE. PLEASE MAKE SURE YOU REVIEW THE RULES, TERMS & CONDITIONS OFTEN FOR ANY CHANGES AND/OR MODIFICATIONS. THE CHARITY IS NOT LIABLE OR RESPONSIBLE FOR THE ACTIONS OF ACCOUNT HOLDERS/USERS OR OTHER INDIVIDUALS WHO H AVE READ OR BEEN INFORMED OF INFORMATION ON THIS WEBSITE OR OTHER WRITTEN MATERIAL. IF YOU HAVE ANY QUESTIONS PLEASE FEEL FREE TO EMAIL US BY CLICKING ON “CONTACT US” AND FILLING IN THE REQUIRED AREAS. WARNING: IF YOU HAVE NOT READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE RULES, TERMS & CONDITIONS, DO NOT USE THIS AUCTION WEBSITE.

2. Eligibility

2.1 YOU MUST BE 18 YEARS OF AGE OR OLDER AND LEGALLY ABLE TO ENGAGE IN A LEGAL AND BINDING CONTRACT AND YOU MEET ALL OTHER ELEGIBILITY REQUIREMENTS TO REGISTER AND USE THE CHARITY’s WEBSITE. 2.2 You must reside in Washington D.C., Puerto Rico or one of the 50 United States, excluding Alabama, California, Hawaii, Indiana, Montana, South Dakota, Utah or Washington. 2.3 The CHARITY’s independent contractors, employees and their immediate family members, including parents, spouse, siblings and children, and any person residing in the same household as a CHARITY’s employee, may not, under any circumstances, participate in the CHARITY’s auction(s) or raffle. 2.4 Only individuals may open an account; not entities, companies, trusts, co-ops, etc. The CHARITY’s features, Services or Products are offered exclusively to Account holders/users and not to commercial, partly-commercial or semi-commercial retailers or resellers. 2.5 The CHARITY, at its discretion, may allow more than one registered Account holder/user per household. Unless otherwise expressly approved in writing by the CHARITY, the following methods will be used for payment of auction items and raffle tickets: credit card or PayPal account. By accepting these Rules, Terms & Conditions, you agree not to have more than one account per payment method (credit card or PayPal account) with the CHARITY. In other words, each account must have a separate and different credit card or PayPal account. You may not register using a Post Office Box or an equivalent type of mailbox/ address. If the CHARITY discovers that you have more than one account, the CHARITY reserve the right, at its sole discretion, to treat all your accounts with the CHARITY as a single joint account or to close your accounts and terminate this Agreement. 2.6 While members in the same household may be permitted, by express written approval of the CHARITY, to have separate accounts, they are not permitted to bid on the same auctions. Evidence of this activity will be deemed collusion and will result in all associated accounts being closed permanently. 2.7 Account holder/user may not participate in collusion, fraudulent, unlawful or improper activity with others or use any unauthorized mechanical, electronic or other means or device to place a bid. The CHARITY reserves the right to terminate and permanently close the accounts of Account holders/users they suspect of collusion, fraudulent, unlawful or improper activity or unauthorized bidding. 2.8 The CHARITY may also, at its own discretion, limit the number of auctions won by a person or account within a 30-day period. 2.9 The CHARITY reserves the right to reject an application for an account for any reason whatsoever. 2.10 You are solely responsible to ensure that you comply with all the laws or regulations and the Rules, Terms & Conditions and that they do not prohibit you from accessing the CHARITY Website and using or participating in the features or Services contained therein. 2.11 By clicking on the button marked ‘I Accept’ at the end of these Rules, Terms & Conditions and/or by using or accessing the CHARITY’s website, you acknowledge that you have read, understood, accept and agree to be legally bound by these Rules, Terms & Conditions, as they apply to your use of or access to the CHARITY’s website. The Rules, Terms & Conditions may be modified periodically and will be posted on the website as changes and/or updates are made. You agree to and are bound by the Rules, Terms & Conditions as revised.

3. Create an Account/Registration; Account holders/users Rights and Obligations

3.1 In order to access the auction (the "Auction") and certain other features, Services or Products of the Website, you must create an Account that is accepted by the CHARITY and maintained and updated by you in accordance with these Rules, Terms & Conditions and all applicable laws, rules or regulations. You will be required to create an account that requires a user name and password, provide your name, address, e-mail address, phone number and method of payment (credit card or PayPal account). You may be required to provide additional information and complete additional registration or compliance steps, including but not limited to, social security number, date of birth and a copy of driver’s license or other governmental identification. You may never use an Account that is created by another User. Failure to provide and update the necessary information for compliance will result in forfeiture of the item won. 3.2 When creating your Account, you agree to only provide accurate and complete information that is not untrue, false, incorrect or misleading and that you will continue to update your account, if there are any changes. 3.3 You agree not to collude, directly or indirectly, or exchange information with other person(s) or entity(ies). You agree not to be involved in or participate in, directly or indirectly, any type of bidding scheme or collusion, fraudulent, unlawful or improper activity. 3.4 When creating a account, you must choose a user name that is not vulgar, rude, abusive, offensive, profane, obscene, indecent, defamatory, inflammatory, illegal, threatening, libelous, intended to deceive or delude, or is disparaging or objectionable to others or to the CHARITY. Creating a user name that purposely misleads others or advertises any goods, services or products or advertises for other websites is strictly prohibited. Your username can also not violate any type of trademark or copyright laws or intellectual property rights. The CHARITY, at is sole discretion, may prevent the opening of an account, may freeze or terminate an account without notice, if you create a user name that violates any of these Rules, Terms & Conditions. 3.5 The CHARITY reserves the right to review all coupon codes, promotions, activities and/or referrals for collusion, fraudulent, unlawful or improper activity. The CHARITY, at its own discretion, can terminate any account that is suspected of such collusion, fraudulent, unlawful or improper activity that includes, but is not limited to, creating multiple accounts within the same household, creating multiple accounts by the same individual, creating multiple accounts under the same credit card or PayPal account, using fake names, fraudulent account activity or behavior, abuse of the system, use of fake coupon codes, unauthorized third-party bidding, bid tracking software, auto bidding bots, etc. or any other type of unauthorized bidding program. 3.6 You agree not to misuse the CHARITY’s Website by tampering by any means or by using or launching any mechanical, electronic or automated system, including without limitation, any device, "robots," "spiders," "offline readers”, tracking software, etc., or anything that interferes or attempts to interfere with the proper function of the Website or accesses the Website in a manner that sends more request messages to the Website servers in a given period of time quicker than a human could reasonably produce in the same period by using a conventional on-line web browser. 3.7 The CHARITY, at its sole discretion, can terminate, permanently ban or freeze your account, withhold or cancel all your pending purchases and forfeit bids placed and items won, as well as pending deliveries and/or refunds, if the CHARITY has reason to believe or has any suspicion that you may be engaging in or have engaged in collusion, fraudulent, unlawful, or improper activity or are found in violation of any of these Rules, Terms & Conditions, any laws, rules or regulations, violated the rights of other Account holder/users or other third parties or is deemed not to be within the intent of the CHARITY’s website. 3.8 Either you or the CHARITY may at any time, terminate your Account, for any reason or no reason, with or without notice. If you or the CHARITY terminate your Account for any reason other than your violation of these Rules, Terms & Conditions, and/or your violation of any laws, rules or regulations, then the CHARITY will return the balance of any money held in your account, either by e-mail, US Mail and/or courier (e.g., FedEx, UPS etc.) to the address provided that is on file. If the CHARITY terminates your Account for violation of these Rules, Terms & Conditions, and/or violation of any laws, rules or regulations, then any and all winnings will be forfeited. If by law the winnings cannot be forfeited, the winnings will be returned. 3.9 You may not sell, license, or otherwise transfer your Account, except by operation of law. 3. If you do not use your Account to bid on an item for more than 12 months, your Account shall be considered “Inactive” and subject to termination by the CHARITY and any and all winnings or money in your account will be forfeited. 3.11 The CHARITY hereby grants to Account holders/users permission to use the Website as set forth in these Rules, Terms & Conditions, provided that: (i) your use of the Website, as permitted, is solely for the purposes expressly stated herein; (ii) you will not copy or distribute any part of the Website in any medium; (iii) you will not alter, modify, sabotage or cause any problems or issues with any part of the Website; and (iv) you will otherwise comply with these Rules, Terms & Conditions and with any and all applicable laws and regulations. 3.12 You agree that you will not post or transmit to any Website and/or to any Device(s) or to any other users, any telephone numbers, street addresses, last names, URLs or email addresses, etc. unless otherwise expressly permitted by the CHARITY. Further, you agree not to post or transmit to any Website and/or to any Device(s) or to any other users, any unlawful, harassing, abusive, threatening, libelous, defamatory, obscene, indecent, inflammatory, racially or ethnically objectionable, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. 3.13 You agree not to advertise, or solicit, any Account holder to buy or sell any feature, services or products. Further, you agree not to interfere with other users' use of the features, Services, Website(s), Software, Devices and/or Information or transmit, initiate and/or engage surveys, contests, chain letters or post/transmit "junk mail", "spam" or any unsolicited mass dissemination of email. 3.14 You agree that you will not, nor will you permit others to, cover or obscure any banner or other advertisements on any of the CHARITY page or website. 3.15 You agree you will not commit any acts or display any conduct that damages the CHARITY’s reputation or Website, or the software provider or any other related service providers. 3.16 You acknowledge that the credit card or PayPal account details supplied by you in the registration process are yours and the information or details have not been stolen or reported as lost or stolen. 3.17 You acknowledge that you have not previously held an online account that was suspended or terminated either by the CHARITY or by any other online operator or received refunds, reversal of payment or charge-backs of any monies from a Payment processor or a credit card or PayPal account or other similar account or method. 3.18 You acknowledge that you are not and will not attempt, to use any techniques designed to hide or mislead your true IP or true actual location. 3.19 You acknowledge that you are not conducting criminal or otherwise unlawful or unauthorized activities and/or intending to use your account in connection with such activities and that you shall not use or allow other persons to use your account, our features or Services, including bidding on auction items or raffles, for any improper, criminal or otherwise unlawful activities including, without limitation, money laundering. Further, you acknowledge that you are not using or depositing money originating from criminal or other illegal or unauthorized activities and you will comply with any anti-money laundering requirements. You agree that the CHARITY may make credit checks with third party credit or financial institutions, undertake additional security checks against any information that you provide and/or request information regarding the source of funds. By agreeing to these Rules, Terms & Conditions, you give the CHARITY consent to access, use, process and store the results of any identification verification or checks that may be made against you or your account. 3.20 You acknowledge that you have considered how much you can afford to spend on auction items or raffles and have set your acceptable spending limit. Furthermore, you acknowledge that you may bid without ever winning an auction and you accept this risk of losing in the course of participating in our auction. 3.21 You acknowledge and agree that you are solely and totally responsible and liable for any and all activity that takes place through your account, whether authorized by you or not.

4. Use of Information provided

4.1 The following applies to any information Account holders/users provide to the CHARITY, during any registration, ordering or purchase process: A) You authorize the CHARITY to use, store, or otherwise process any personal information which relates to and identifies you, including but not limited to your user name and password, name, address, e-mail address, phone number, method of payment (credit card or PayPal account), social security number, date of birth and a copy of driver’s license or other governmental identification, to the extent reasonably necessary to provide the features or services which are available through the website by the CHARITY, the CHARITY’s partners, successors (including the purchaser of the whole or part of the business), associates, sub-contractors or other third parties (together our ‘Partner Companies’). B) If you obtain or choose to buy Products through the CHARITY’s website then the CHARITY may collect information about your buying behavior and if you send the CHARITY personal correspondence such as e-mails, letters, post reviews or other messages on the bulletin boards, or in the chat areas, then the CHARITY or software provider may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in the Privacy Policy shall be known as ‘the Purposes’). All such information collected by the CHARITY or software provider shall be referred to in these Rules, Terms & Conditions as ‘Personal Information’. C) You must ensure that the Personal Information you provide is accurate, complete and updated and that all ordering or registration details (where applicable) contain your correct name, address, e-mail address, phone number, method of payment (credit card or PayPal account) and other requested information. Additionally, the following also applies to all messages, e-mails, bulletin boards postings, ideas, suggestions, concepts or other material submitted by you to the CHARITY (‘Content’): D) You must own, control, ensure or have the right to submit Content for publication on the CHARITY’s website and all Content submitted by you must be accurate, legal, honest, decent, truthful and not vulgar, rude, abusive, offensive, profane, obscene, indecent, defamatory, inflammatory, intended to deceive or delude, or is disparaging or objectionable to others. Further, it must comply with all applicable laws, regulations, standards and/or codes of practice and will not cause injury to any person or entity; E) You must ensure that all Content submitted to the CHARITY is not illegal, threatening, libelous, invasive of privacy, infringe on intellectual property rights, copyright, trademark, design, publicity, data protection or otherwise injurious to third parties or is objectionable and does not consist of or contain software viruses, political messages, commercial solicitation, chain letters, mass mailings, or any other form of "spam." F) You must ensure that the Content does not advertise or otherwise solicit for funds or is a solicitation for goods or services; and G) The CHARITY has the right to monitor content and may prohibit, edit, reject or remove content if the CHARITY believes it does not comply with the above and, in particular, the CHARITY reserve the right to block incoming e-mails and other content if the CHARITY believes that the content is or may be inappropriate or otherwise does not comply with these Rules, Terms & Conditions. You acknowledge that the CHARITY reserves and has the right but not the obligation to monitor, edit or remove any activity or content. The CHARITY does not regularly review posted content. The CHARITY also reserves the right to prohibit You from posting additional comments. 4.2 You grant the CHARITY a non-exclusive, irrevocable, perpetual, royalty free, worldwide license to publish all content that you submit, except some portion of the content that is Personal Information, and a fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the CHARITY and its affiliates the right to use the name that You submit in connection with such content. You have sole responsibility for the Content which you submit to the CHARITY and you shall indemnify and shall keep the CHARITY, its parent company, subsidiaries, successors and assigns fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by the CHARITY and arising directly or indirectly out of the publication of content submitted by you. The CHARITY takes no responsibility and assumes no liability for any content posted by a user. 4.3 You warrant and undertake that you will not use the CHARITY’s website for any purpose that is illegal or prohibited by these Rules, Terms & Conditions, including without limitation the posting or transmitting of any unlawful, harassing, abusive, threatening, libelous, defamatory, objectionable, indecent, inflammatory or obscene material. If you breach these Rules, Terms & Conditions, then your permission to use this website terminates immediately without the necessity of any notice being given to you. The CHARITY retains the right to deny access to any person who fails to comply with these Rules, Terms & Conditions. 4.4 The CHARITY reserve the right to disclose and transfer your personal data to a Payment provider, a respective payment settlement service provider or financial institutions, to the extent necessary for the completion of payment(s) to or process transactions to the CHARITY for features or Services provided through the Website or if compelled to do so by applicable laws and regulations or law enforcement authorities.

5. Security

5.1 It is your sole responsibility in all respects for all use of and for protecting your user name, password, other login information, e-mail verification and account information confidential and safe from others and for any activity that occurs on your account. By accepting these Rules, Terms & Conditions you agree that you will not disclose your user name, password or account information to anyone and that your account can not be used by anyone other than yourself, the registered Account holder/user. The CHARITY will only request your password during login. Any other request for your password, by anyone at any other time, should be denied. 5.2 You must notify the CHARITY immediately of any breach of security or unauthorized use of your Account or this website. Although the CHARITY will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of the CHARITY or others relating to any such unauthorized use. Each account holder shall be liable for any and all activities that are undertaken using their account. Unauthorized use of your account will result in your account, at the sole discretion of the CHARITY, being temporarily frozen or closed permanently. The CHARITY WILL report these types of violations to the applicable law enforcement authorities. 5.3 You agree you will not nor will you help other(s) to break in, access or attempt to break in or access, circumvent or otherwise by-pass the security or security measures of the CHARITY’s website. If the CHARITY has a suspicion that you have attempted to or may be attempting to or are helping other(s) to break in, access, circumvent or otherwise by-pass our security, security measures of the website or the Software, the CHARITY will immediate terminate your access to the Website and/or have your account blocked and/or terminated and will inform the applicable law enforcement authorities. 5.4 The protection of Your data is very important to the CHARITY. For more information on the collection, processing, and use of personal data, please read the Privacy Policy.

6. Bidding

6.1 To purchase items or products won in the auction you will need to follow the procedures set out of the website. Details of the procedures for payment and delivery are displayed on the website. 6.2 Bids are a limited license to participate in the CHARITY’s auctions. You may not obtain any money in exchange for Bids. 6.3 Payment for a winning Bid shall be made by credit card or PayPal account or such other payment options permitted by the CHARITY. 6.4 If any payment by an active Account holder for any Bid(s) or Product(s) is disputed or dishonored, the Account holder will be charged a fee equal to $20.00, plus the amount of the winning Bid(s) or Product(s) price which is a fair approximation of the CHARITY's costs and expenses of such dispute or dishonor. Without limitation to any other rights or remedies, the CHARITY reserves the right to block access or disable such User's Account and to withhold any outstanding deliveries or winnings until any and all obligations are paid in full. 6.5 Upon the termination of your Account or in the instance of Account inactivity for more than one year, any and all money or winnings will be forfeited. 6.6 Every time you click on the “BID” button, whether by you or another registered user, the bid will be deemed to have been placed and accepted for the amount placed. Once a bid is placed it cannot be cancelled, revoked, changed or credited back and is not subject to a refund, reversal of payment or charge-back. Malfunctions void all bids. 6.7 Account holders are prohibited from using an unauthorized automated system or device for bidding, including without limitation, "robots," "spiders," "offline readers," etc., or bidding software not authorized by the CHARITY. The CHARITY’s Auto Bid is the only automated bidding system permitted to be used on the CHARITY’s website. 6.8 Unauthorized auto bidding, collusion, fraudulent, unlawful, or improper activity of any type or manner with any other person or entity to bid on and/or attempt win an auction is strictly prohibited and will result in an immediate and permanent ban from this website and immediate closing of your account and forfeiting of any won items and/or raffle winnings. 6.9 You acknowledge that you have considered how much you can afford to spend on auction items and have set your acceptable spending limit. Furthermore, you acknowledge that you may place bids without ever winning an auction and you accept this risk of losing in the course of participating in the CHARITY’s auction. 6.10 You agree that you will not make or procure the making of any refund, cancellation, credit, charge-backs and/or deny or reverse any such payment(s) to the CHARITY, and that you will reimburse the CHARITY for any refund, cancellation, credit, charge-backs, denials or reversal of payments you make, and any and all losses suffered and expenses incurred by the CHARITY as a result. 6.11 The CHARITY reserves the right, in its absolute discretion, to cease to provide services to an Account holder/user or a Payment provider, without providing a reason whatsoever. 6.12 The CHARITY reserves the right, in its absolute discretion, to decline, reject or remove a bid from an auction item, in whole or part, without providing a reason whatsoever. 6.13 The CHARITY will only accept bids or permit the use of its features or Services through the internet using a device in compliance with these Rules, Terms & Conditions.

7. Bids, Auctions, Payment and Purchases

7.1 Account holder/users can place bids by two methods: (1) manually by clicking an auction's "Bid" button and/or (2) by using the CHARITY’s Auto Bid function. 7.2 When an Account holder places a Bid in an active Auction, the auction price of the Product for that Auction increases by the amount specified for the bid. Each Bid constitutes an irrevocable offer by such Account holder to purchase the Product or item for the winning bid price under the Rules, Terms & Conditions for such Auction. Upon completion of the Auction, the CHARITY will accept the winning Bid, whereupon, an agreement for purchase of such Product or item shall be made and be binding upon such Account holder and the CHARITY, under the Rules, Terms & Conditions of such Auction. 7.3 The Auction ends when the remaining time reaches zero. The User with the last and highest Bid wins the Auction, at the applicable purchase price, plus shipping and handling costs and any applicable taxes. All other Bids placed on the item expire and will be null and void. The successful Bidder is determined based upon the CHARITY’s records and will be made in the CHARITY’s sole discretion. 7.4 The successful bidder of each Auction will be notified by online electronic notification (‘Confirmation’) at their e-mail address provided and must acknowledge the entire applicable Auction and purchase information, including purchase price, shipping and handling costs and any applicable taxes, payment options, and shipping instructions. The winning auction bidder will have seven (7) days from the Auction end date to complete the payment process. Partial payment will not toll the time to complete the payment process. 7.5 If an Auction win has not been acknowledged and the payment process completed in seven (7) days from the Auction end-date, the CHARITY reserves the right to reject the offer to purchase the Product, terminate that auction, remove it from the Account holder/user’s “won” items and permanently revoke the winner's right to pay for and receive delivery of the item. All bids on the auction item will be deemed expired. 7.6 The Winning bidder/Account holder must select a payment option and pay the purchase price, plus shipping and handling costs, if any, and any applicable taxes. The Account holder/winning bidder must pay by credit card or PayPal account or such other payment options permitted by the CHARITY at the time you are the winning bidder. Upon payment of the applicable purchase price, the shipping and handling costs, if any, and any applicable taxes, the CHARITY, will initiate the pick-up or shipment of the auction item/Product to the address information supplied by the winning bidder/Account holder. If applicable, shipment will be made from our suppliers or from our warehouse. Shipping/handling/delivery cost is for the 48 continental states of the United States of America. Additional shipping/handling/delivery charges may apply for Alaska, Hawaii or Puerto Rico. The Website may have more details on shipping limitations and restrictions. Shipping confirmation will be sent to the e-mail address provided. 7.7 Any times or dates stated on the CHARITY’s website for delivery are guidelines or estimates only. the CHARITY will make all reasonable efforts for pick-up or deliver goods within the time specified, but the CHARITY does not accept liability for any failure to deliver within a certain time. The CHARITY shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. 7.8 If the CHARITY is unable to deliver a product that was won or purchased, the CHARITY shall be entitled to substitute the item with a comparable replacement product with the same or better features or the CHARITY will work with you to provide a suitable replacement item. If a replacement cannot be found, the CHARITY will refund you the purchase price of the item. 7.9 The Account holder/user acknowledges that all details provided to the CHARITY for the purpose of purchasing Products or items won in an auction will be correct, that the credit card or PayPal account information which you use is your own, not illegal and that there are sufficient funds or credit facilities to cover the cost of any goods or services. The CHARITY reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services. You agree that the item delivered shall remain the CHARITY 's property until the CHARITY receives payment in full, including shipping and handling costs and any applicable taxes. 7.10 Under no circumstances should the same credit card or PayPal account or other form of payment be shared or used on multiple accounts. This will result in the closure of all associated accounts. Each Account holder must maintain a separate and unique form of payment. 7.11 The CHARITY reserves the right and may attempts to limit some auctions to users of comparable skill, as determined by the CHARITY or software provider, to enhance user experience and maintain a viable business model. In so doing, the CHARITY or software provider may limit which auctions are available to particular users based on any factors deemed appropriate by the CHARITY in its sole discretion, including experience of the user, historical success of the user, demographic factors, prior bidding and spending activity, and other factors. In particular, the CHARITY or software provider may limit certain auctions to less experienced or successful users in any manner the CHARITY or software provider deems appropriate to optimize the overall user experience of all the CHARITY’s users. You acknowledge that You may be, and You consent to being, excluded from auctions at the CHARITY or software providers discretion. 7.12 The CHARITY may, in its sole discretion, offer auctions or products that allow users to choose the product they want from a specified list of products after they win an auction. Although the CHARITY strives to offer products in an auction that are of an identical or similar price, manufacturers' practices, product availability, currency exchange rates and other factors make this impractical in some circumstances. By participating in auctions, you agree that the CHARITY may, in its sole discretion, offer different products at different but similar prices, as determined by the CHARITY in its sole discretion. 8. Auto Bidding 8.1 The CHARITY’s Auto Bidding allows you, the Account holder/user, to place bids while you are not online, logged in or otherwise not available to bid on an auction. The CHARITY’s Auto Bid is the only permitted automated feature which lets the Account holder/user bid on an auction even when they are not online, logged in or otherwise unavailable. The CHARITY’s Auto Bid automatically places bids according to Account holder/user instructions. It is Account holder/user’s responsibility to insure the information entered is correct in the Auto Bid fields. The CHARITY is not responsible for any bids related to Auto Bidding. 9. Odds of winning an Auction 9.1 Every auction is unique and the results of all auctions offered by the CHARITY depends on the number of Account holders/users participating in an auction(s), the skill of the Account holders/users participating in the auction(s) and Auto Bidding. Therefore, the precise odds of winning an auction are unavailable. 10. Warranties 10.1 All products or items won in an auction and purchased on the CHARITY’s website are sold with the manufacturer’s warranty only, if any. The CHARITY makes no promises of a products functionality and/or reliability. Warranties are different for every product so please consult the warranty information provided with product or item for details before contacting the manufacturer. Do NOT contact the CHARITY about or regarding warranty issues. 10.2 The CHARITY warrants solely that the products or items purchased under these Rules, terms & Conditions shall have the characteristics specified in the CHARITY’s specifications for such products, as set forth in the description of each auction and assumes no further warranties. The warranty period and service varies by manufacturer and product. Warranty is excluded for the delivery of any used products. 10.3 Obvious damage to the item from transport or packaging damaged during transport must be reported to the shipper and the CHARITY immediately upon receipt. 10.4 Any and all requests for technical service and support on products purchased on the CHARITY’s website should be made directly to the manufacturer in accordance with their Terms & Conditions. 10.5 EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE CHARITY MAKES NO OTHER WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY THE CHARITY OR ANY OF ITS AGENTS, AFFILIATES OR SUBCONTRACTORS IN CONNECTION WITH ANY PURCHASE OR ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR NON-INFRINGEMENT. 10.6 YOU AGREE THAT THE CHARITY AND SOFTWARE PROVIDER SHALL NOT BE LIABLE FOR PERSONAL INJURY AND/OR PROPERTY DAMAGE RESULTING FROM THE USE, IMPROPER HANDLING, MODIFICATION, OR MISUSE OF THE PRODUCTS BY YOU OR ANY OTHER PERSON FOLLOWING DELIVERY. IN NO EVENT SHALL THE CHARITY AND SOFTWARE PROVIDER BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE, AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE. 11. Returns 11.1 Account holders/users agree to follow the manufacturer’s return policy. The CHARITY will not accept the return of items or products. The CHARITY will NOT refund any amount paid for a returned item. See and follow manufacturer’s return policy. 11.2 Some exceptions may apply to returns. If an exception does apply, it will be noted on the auctions return information on the individual auction page. If You are found to be in bad standing due to improper, collusive or fraudulent behavior, excessive refund requests, or other such behavior, you are deemed to be in breach of the Rules, Terms & Conditions and will not be eligible for a refund. 11.3 Cancellations will not be accepted. The CHARITY will not accept a return of the item or product won in an auction. 12. Tax and regulations 12.1 The CHARITY follows all local, state and national tax laws and legislation for the sale of its items, services and Products sold within the United States of America. 13. Modifications to Website 13.1 The CHARITY reserve the right, at its sole discretion, to make changes and/or corrections, modify, add, alter, suspend, remove or discontinue any aspect of its website or the content, features, services or products available through it, including your access to it at any given time. Unless explicitly stated to the contrary, any new features including new content or features and/or the sale of new services, items or Products and/or the release of new software tools or resources shall be subject to these Rules, Terms & Conditions. It is your responsibility to check these Rules, Terms & Conditions periodically for changes. Your continued use of the CHARITY’s website following the posting of changes will mean that you have read, understood, accept and agree to the changes. As long as you comply with these Rules, Terms & Conditions, the CHARITY grants Client/Users a personal, non-exclusive, non-transferable, limited privilege to enter and use its Website. 13.2 By clicking on the button marked ‘I Accept’ at the end of these Rules, Terms & Conditions and/or by using or accessing the CHARITY’S website, you acknowledge that you have read, understood, accept and agree to be legally bound by these Rules, Terms & Conditions as they apply to your use of or access to the CHARITY’s website. The Rules, Terms & Conditions may be modified periodically and will be posted on our website as changes and/or updates are made. You agree that the use of the CHARITY’s website is voluntary on your part and at your sole risk. 14. Applicability of online materials, Disclaimer of Warranty and Liability 14.1 Unless otherwise specified, all content and materials published on the CHARITY’s website is presented solely for your private, personal and non-commercial use and may not be used in connection with any type of commercial endeavors, except those that are specifically endorsed or approved by the CHARITY. Illegal and/or unauthorized use of the features, Services, items or Products, including collecting user names and/or email addresses of Users by electronic or other means or unauthorized framing of or linking to the features, Services, items or Products are prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of Account privileges, which is without limitation to any other legal action that may be taken by the CHARITY. 14.2 The CHARITY has used reasonable endeavors to ensure that its website complies with the laws of the United States of America. The use of this website is limited to residents of the United States of America, excluding Alabama, California, Hawaii, Indiana, Montana, South Dakota, Utah and Washington and includes Washington D.C. and Puerto Rico. The CHARITY may use geolocating, IP Locating, IP blocking, GPS, and other technology to insure an Account holder is from a permitted location. Any method used to subvert or hide Account holder’s true location, in an effort to use this website, its features, Services, items or Products, in contravention of the Rules, Terms & Conditions, will result in immediate termination of the account and forfeiture of any and all bids, features, Services, items or Products. The CHARITY makes no representation that the material on its website is appropriate or available for use in locations outside the United States of America. Those who visit the CHARITY website from other locations do so at their own initiative and/or risk and are responsible for compliance with all applicable laws. If use of the CHARITY’s website and/or viewing of it, or use of any material or content on its website or features, services, or products offered through its website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorized to view or use the CHARITY’s website and you must exit immediately. 14.3 The CHARITY make no representations and give no warranties, express or implied and will make an effort to ensure that the features, services, items or Products on this website are not available in any jurisdiction outside the United States of America and/or the excluded states (Alabama, California, Hawaii, Indiana, Montana, South Dakota, Utah and Washington). The CHARITY accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the features, services, items or Products by persons in jurisdictions outside the United States of America, Washington D.C. and Puerto Rico and/or the excluded states (Alabama, California, Hawaii, Indiana, Montana, South Dakota, Utah and Washington) or who are nominees of or trustees for citizens, residents or nationals of other countries. 14.4 The information, content, features, services, items or products published on the CHARITY’s website may contain inaccuracies or typographical errors. The CHARITY makes no warranty as to the results that may be obtained from the use of its website or as to the accuracy, reliability, or currency of any information content, features, services, items or Products provided through the CHARITY. 14.5 The CHARITY shall not be responsible for any opinions, views, advice, or statements posted on its website, including, without limitation, in any public posting areas of the website, by any person or entity other than an authorized CHARITY spokesperson. Advertisers, affiliates, content providers, users, guests, independent writers, and experts are not authorized CHARITY spokespersons. At no time should the opinions, views, advice, or statements provided by advertisers, affiliates, content providers, users, guests, independent writers, or experts be relied upon for important personal decisions without independent verification. 16.6 WITHOUT LIMITING THE FOREGOING, THE CHARITY DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT. 15. Copyright, Trademark, Intellectual Property rights and monitoring 15.1 The contents of the CHARITY’s website are protected by national, international copyright, trademark, patent laws and other intellectual property rights. The owner of these rights is in the company’s name, its affiliates or other third party licensors. All product and company names and logos mentioned on this website are the trademarks, service marks or trading names of their respective owners, including the CHARITY. However, you may not mislead, modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from the CHARITY’s website, including but not limited to, text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, in order to complete any order, test or questionnaire. 15.2 All logos and images are trademarked property. No transfer or grant of any rights under any names, marks or logos is made or is to be implied by any provision of these Rules, Terms & Conditions or by any other provision contained in the Website. All rights in such names, marks, symbols or logos are reserved by the CHARITY and/or the respective holders. 15.3 These guidelines are not a definitive statement of proper brand and trademark use. The CHARITY reserves the right to oppose any uses of its Marks that the CHARITY, in its sole discretion, deems unlawful or improper, even if such use is not expressly prohibited hereunder. The CHARITY further reserves the right to revise or alter these guidelines at any time, without notice. 16. Linked sites 16.1 Tthe CHARITY’s web site may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. The operators of the sites linked to and from this site are solely responsible for their contents. The CHARITY takes no responsibility for the content, protection, or privacy guidelines of third-party websites. 16.2 The CHARITY makes no representations whatsoever about any other website(s) which you may access through the CHARITY’s website or which may link to its website. When you access any other website, you understand that it is independent from the CHARITY and that the CHARITY has no control over the content or availability of that other website. In addition, a link to any other website is strictly for convenience and does not mean that we endorse, approve or accept any responsibility for the content, or the use of, such website. The CHARITY assumes no liability for the content of external links and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any information, content, features, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to that website’s administrator or web master. 17. Availability of Website, Disclaimer and No Liability 17.1 The CHARITY will attempt to make its website available but cannot guarantee that the website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device. 17.2 Although the CHARITY’s Website is accessible worldwide, not all information, content, features, services or Products discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States and Puerto Rico. The CHARITY reserves the right to limit, in its sole discretion, the provision and quantity of any information, content, feature, service or product to any person or geographic area. The CHARITY’s information, content, features, Services and/or Products are offered only and exclusively to the United States of America, excluding Alabama, California, Hawaii, Indiana, Montana, South Dakota, Utah and Washington. Any offer for any information, content, feature, service or product made on the CHARITY’s website is void where prohibited. 17.3 YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CHARITY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE ITS WEBSITE, SOFTWARE, OR ANY RELATED INFORMATION, CONTENT, FEATURES OR SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 18. System Outage or issue, Disclaimer of Warranty and No Liability 18.1 If a system outage, software issue, or unforeseen disruption occurs, all auctions we be temporarily paused or halted. The remaining time for an auction, current bidding price and current highest bidder will be maintained. After the disruption is repaired or resolved, all auctions will be continued or reset to its last known remaining time or a 5 minute countdown, whichever is longer. Account holders/Users bidding on an auction or auctions that have been temporarily halted will not receive any type of notice. Temporarily halted auctions will be clearly indicated. The CHARITY reserves the right to cancel auctions that end due to system error, bot bidders, employee bidders, technical problems, or any other reasonable reason. The CHARITY is not liable for any damages due to these unforeseen disruptions. 18.2 Because of the limitations of current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. Therefore, the CHARITY provides no assurance or promise for the constant and uninterrupted availability of the Website and technical systems. Without limitation to any other disclaimer set forth herein, the CHARITY shall not be liable for any damage incurred by Account holders/users or third parties from using the CHARITY’s information, content, features or services. The CHARITY shall not be liable for any damage that occurs due to bids submitted by Account holders/users not being received by the CHARITY, not being received promptly, or not being considered, as a consequence of technical faults or errors. 18.3 Malfunction voids all bids. 18.4 WITHOUT LIMITING THE FOREGOING, THE CHARITY DOES NOT WARRANT THAT ITS WEBSITE WILL MEET YOUR REQUIREMENTS, THAT ITS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY PROBLEMS, DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION, CONTENT, FEATURES, SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CHARITY’S WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OR OTHERS COMPUTER, COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 19. Liability 19.1 The CHARITY promises that it has the right to sell or provide the information, content, features, services, items or Products listed on the website and that they will correspond with the description posted on the website. 19.2 The CHARITY also promises that any service the CHARITY provides will be done with reasonable skill and care. 19.3 The CHARITY will do its best to ensure that all materials, content and/or information published on its website is accurate, but please note that all materials, content and/or information on the website is provided on an ‘as is’ basis and you assume total responsibility and risk for your use of the CHARITY’s website and use of all materials, content and/or information contained within it. 19.4 The CHARITY or software provider is not responsible for any incorrect or inaccurate material, content and/or information posted on its Website or in connection with any of the features, services, items or Products provided, whether caused by Account holder(s)/user(s) or by any of the equipment or programming associated with or utilized in any of the features, services or Products. The CHARITY or software provider is not responsible for the conduct, whether online or offline, of any Account holder(s)/user(s). The CHARITY or software provider assumes no responsibility for any error, failures, damages, omission, interruption, deletion, defect, delay in connections, operation, transmission or transactions, communications line failure, theft or destruction or unauthorized access to, or alteration of, any of the features, services, items or Products. The CHARITY or software provider is not responsible for any issues, problems or technical malfunction of any telephone or internet network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or Account holder(s)/User(s) or user(s) due to technical problems or traffic congestion on the Internet or any of the features, services, items or combination thereof, including any injury or damage to Account holder(s)/user(s) and/or User(s) or to any person's computer or mobile device related to or resulting from use, participation or downloading information, content or materials in connection with the Website and/or in connection with the features, services, items or Products. The CHARITY or software provider is not responsible for computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which could corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Auction, raffle or our website. Under no circumstances shall the CHARITY or software provider be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the features, services, items or Products or from any information, content or materials posted on the Website or transmitted to Account holder(s)/user(s) or User(s), or any interactions between Account holder(s)/user(s) and/or User(s), whether online or offline. 19.5 THE WEBSITE AND THE SERVICES ARE PROVIDED "AS-IS," WITHOUT ANY CONDITIONS, REPRESENTATIONS, GUARANTEES OR WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE AND THE CHARITY OR SOFTWARE PROVIDER EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. THE CHARITY OR SOFTWARE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, AS TO THE OPERATION OR SECURITY OF THE WEBSITE. THE CHARITY OR SOFTWARE PROVIDER DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE, THE BIDS, AND/OR THE INFORMATION, CONTENT, MATERIAL, FEATURES, PRODUCTS, SERVICES OR ITEMS, THE AVAILABILITY OF ANY GOODS, PRODUCTS, SERVICES OR ITEMS OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS, FEATURES, PRODUCTS, SERVICES OR ITEMS INCLUDED ON THE WEBSITE. 19.6 The CHARITY or software provider accepts no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, whether direct or indirect, in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of the CHARITY’s website or its contents, the CHARITY or software provider accepts no liability for the loss or damage whether due to inaccuracy, error, omission or any other cause and whether on the part of the CHARITY or software provider or its servants, agents or any other person or entity. 19.7 IN NO EVENT SHALL THE CHARITY OR ITS SUPPLIERS OR LICENSORS OR SOFTWARE PROVIDER BE LIABLE TO AN ACCOUNT HOLDER/USER OR ANY THIRD PARTY UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR UNDER EQUITABLE THEORY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND/OR ANY OF THE FEATURES, SERVICES OR PRODUCTS EVEN IF THE CHARITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE CHARITY’S LIABILITY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO THE CHARITY FOR THE PRODUCT, ITEM OR SERVICE, OR THE AMOUNT WON IN THE RAFFLE, DURING THE TERM OF YOUR ACCOUNT. 19.8 It is your responsibility to ensure that your computer system meets all relevant technical specifications necessary to use and be compatible with the CHARITY’s website. You also understand that the CHARITY cannot and does not guarantee or warrant that any material available for downloading from our website will be free from infections, viruses, worms, Trojans, keyboard loggers, spyware, adware, malware, harmful or malicious code, and/or other code or other defects that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks, including anti-virus and other security checks, to satisfy your particular requirements for the accuracy of data input and output. 19.9 NO ADVICE, MATERIAL, CONTENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE RULES, TERMS & CONDITIONS. 19.10 THE LIMITATIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY RELIANCE ON ANY ADVICE, MATERIAL, CONTENT OR INFORMATION OBTAINED FROM THE CHARITY’S WEBSITE OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT THE CHARITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCOUNT HOLDERA/USER HEREBY ACKNOWLEDGES THAT THIS LIMITATION SHALL APPLY TO ALL CONTENT, FEATURES, SERVICES OR PRODUCTS AVAILABLE THROUGH THE CHARITY. 19.11 THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM ASSEMBLY, USE OR MISUSE OF OR RELIANCE ON THE CHARITY’s FEATURES, SERVICES OR PURCHASED ITEMS OR PRODUCTS, FROM INABILITY TO USE THE CHARITY’s FEATURES, SERVICES OR PURCHASED ITEMS OR PRODUCTS, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE CHARITY’s FEATURES, SERVICES, ITEMS OR PRODUCTS, INCLUDING DAMAGES INCURRED BY THIRD PARTIES. 19.12 By accepting these terms and conditions you agree that the CHARITY or software provider is not liable for any loss of time, property damage, loss of profits, personal injury or pain and suffering due to the use (where improperly or properly) of items or products sold on the CHARITY’s website. If you have any issues with items or product sold on the CHARITY’s website, you must contact the product manufacturer directly. 19.13 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law. 19.14 ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE AUCTION OR RAFFLE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, OR IF THE CHARITY SUSPECTS THAT THERE HAS BEEN ANY MECHANICAL, ELECTRONIC OR OTHER TYPE OF TAMPERING OR IF TECHNICAL DIFFICULTIES COMPROMISE THE INTEGRITY OF THE AUCTION OR RAFFLE, THE CHARITY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES, INCLUDING ATTORNEYS’ FEES, FROM ANY SUCH ACCOUNT HOLDER/USER, PARTICIPANT OR OTHER PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING SEEKING CRIMINAL PROSECUTION AND TO PREVENT ACCOUNT HOLDER/USER, PARTICIPANT OR OTHER PERSON’S USE OF THE AUCTION OR RAFFLE OR VOID SUCH ACCOUNT HOLDER/USER, PARTICIPANT OR OTHER PERSON’S ENTRIES FOR THE RAFFLE OR AUCTION. 19.15 IF YOU ARE NOT SATISFIED WITH ANY OF THE RULES, TERMS & CONDITIONS ON THE CHARITY’S WEBSITE, YOU SHOULD DISCONTINUE OR NOT USE THE CHARITY’S WEBSITE. 20. Governing Law 20.1 This Agreement shall be governed by and construed in accordance with the laws of the United States of America and the State of Illinois without regard to conflict of law’s provisions, the actual state or county of execution or loss or any different state laws that may govern these Rules, Terms & Conditions. THE ILLINOIS COURTS (STATE AND FEDERAL), SHALL HAVE SOLE JURISDICTION OF ANY AND ALL CONTROVERSIES ARISING OUT OF OR RELATED TO THIS AGREEMENT; ANY ACTION OR OTHER PROCEEDING WHICH INVOLVES SUCH A CONTROVERSY SHALL BE BROUGHT SOLELY IN COURTS IN ILLINOIS AND NOT ELSEWHERE. THE PARTIES WAIVE ANY AND ALL OBJECTIONS TO VENUE IN THOSE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS. Any claim under these Rules, Terms & Conditions must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received by the Account holder/user for damages other than the amount actually paid, if any, to the CHARITY for the Product, item or Service, or the amount won in the raffle, except that the prevailing party will be entitled to costs and attorneys' fees. 20.2 VOID OUTSIDE OF THE UNITED STATES EXCEPT PUERTO RICO AND VOID IN ALABAMA, CALIFORNIA, HAWAII, INDIANA, MONTANA, SOUTH DAKOTA, UTAH AND WASHINGTON. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If You open an account or participate in auctions offered by the CHARITY while located in a prohibited jurisdiction, you will be in violation of the law and these Rules, Terms & Conditions and subject to having Your account suspended, terminated or closed permanently. You agree that the CHARITY or software provider cannot be held liable if laws applicable to You restrict or prohibit Your participation in an online auction or online raffle or You violate any of the Rules, Terms & Conditions. 20.3 If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of these Rules, Terms & Conditions shall remain in force and effect and such invalid, unenforceable or void provisions will be deemed to be modified so as to affect the original intent of these Rules, Terms & Conditions as closely as possible. 21. Indemnity 21.1 You, the Account holder/user, agree to indemnify, defend and hold the CHARITY or software provider, its parent, subsidiaries, shareholders, directors, officers, employees, members, managers, affiliates, agents, lawyers, accountants, licensors, and other partners and employees, harmless from any loss, liability, claim, cost, expense or demand, including reasonable attorneys' and/or expert fees, suffered by any Indemnified Person(s), made by any third party due to or arising out of your use of the Website or any of the features, Services, items or Products, in violation of these Rules, Terms & Conditions; arising from your breach of these Rules, Terms & Conditions; arising from your violation of applicable laws, statutes, ordinances, rules, regulations or court order(s); arising from your collusion, improper or fraudulent conduct or activity with or acting with another person or entity; and/or arising from your negligence or willful misconduct. 22. General 22.1 The CHARITY may assign, transfer, novate, delegate or subcontract any or all of its rights and obligations under these Rules, Terms & Conditions at any time, without the consent of any valid Account holder/user. This Agreement is not assignable, transferable or sub licensable by you, an Account holder/user, except with the CHARITY 's prior written consent. 22.2 The CHARITY may alter these Rules, Terms & Conditions from time to time and post the new version on the CHARITY’s website, following which all use of our website will be governed by that version. You must check the Rules, Terms & Conditions on the website regularly. If you have any questions, please feel free to email the CHARITY. 22.3 These Rules, Terms & Conditions, any bid, order form and payment method instructions, if any, are the whole agreement between you and the CHARITY. By use of this website, you acknowledge that you have read, understood, accepted and agreed to all the Rules, Terms & Conditions and have not entered into this agreement in reliance upon any information, content, material, statement, warranty or representation made by the CHARITY or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these Rules, Terms & Conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the Rules, Terms & Conditions, Privacy Policy and/or payment method instructions. 22.4 If any provision or term of these Rules, Terms & Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them. 22.5 Except with respect to a payment obligation, neither you nor the CHARITY will be held liable for any failure to perform any obligation to the other due to causes beyond the CHARITY respective reasonable control. 22.6 Failure or delay by either party enforcing an obligation or exercising a right under these Rules, Terms & Conditions does not constitute or operate as a waiver of that obligation, provision or right. Any waiver of any provision by the CHARITY of the Rules, Terms & Conditions or Privacy Policy will be effective only if in writing and signed by an authorized representative of the CHARITY. 22.7 All rights not expressly granted to you, an Account holder/user, in these Rules, Terms & Conditions are reserved to the CHARITY, its patent company, subsidiaries, assigns, successors and/or its licensors. 22.8 All information listed on the CHARITY’s website are merely suggestions and are not intended to be relied upon. 22.9 The section titles in these Rules, Terms & Conditions are for convenience only and have no legal or contractual effect. Please contact the CHARITY with any questions regarding these Rules, Terms & Conditions. 22.10 Please carefully read the CHARITY’s Privacy Policy, the terms of which are hereby incorporated by this reference. 23. Notices 23.1 Except as provided otherwise in these Rules, Terms & Conditions, all notices, requests, instructions, and other communications shall be made in writing and sent via U.S. Mail, Certified Mail Return Receipt Requested or via a reputable overnight carrier, (FedEx, UPS etc.) with proof of delivery to the CHARITY, at the address stated in “About Us”. Notices shall be deemed received as of the date indicated on the return receipt or delivery confirmation, as applicable. 24. Entire Agreement 24.1 Except for any additional written agreement(s) between you and the CHARITY, these Rules, Terms & Conditions constitute the entire agreement between you and the CHARITY regarding the use of its Website and/or any of the information, content, material, features, services, items or Products. 25. WARNINGS 25.1 WARNING: Placing bids online or purchasing raffle tickets at the CHARITY’s website, frequently or repeatedly, can result in high costs to the Account holders/ user. All users should monitor their bidding practices and check their charges regularly. 25.2 WARNING: If you have not read and understood all the Rules, Terms & Conditions and do not accept and agree to be bound by these Rules, Terms & Conditions do not use the CHARITY’s website.