Terms and Conditions of the User Agreement
- This is the User Agreement for this auction site. If you do not agree to be bound by these terms, do not use the site.
- We may amend this User Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site.
- Membership Eligibility:
Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors (individuals under the age of 18) or to temporarily or indefinitely suspended members. If you (the 'User/Bidder/Buyer') are a minor, you can use this service only in conjunction with your parents or guardians. If you do not qualify, please do not use our services. Further, your account and/or username may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. All registration information that you provide to WinningCause.org shall be current, complete, and accurate. You agree to not use any device, software or routine to interfere or attempt to interfere with the proper working of any transaction being conducted on and during the auction sale.
- Your Activities:
Your activities on the site shall not: (a) be false, inaccurate or misleading; (b) violate any law, statute, ordinance or regulation; (c) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (e) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
- Access and Interference:
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of this site or any activities conducted on our site. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to this site by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our website without the prior expressed written permission of this auction or the appropriate third party.
Access and use of WinningCause.org, (the 'Site') is subject to any and all specific terms and conditions set forth on any individual page within the Site and the terms and conditions of this User Agreement and all applicable laws and regulations, including but not limited to copyright and trademark laws. BY ACCESSING THIS SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF THE SITE USER AGREEMENT and to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site. Legal action will be taken against anyone violating the terms and conditions of the User Agreement or any other applicable law or regulation. WinningCause.org reserves the right to periodically change the terms and conditions of the User Agreement and it is your responsibility to periodically review any and all changes made to these terms and conditions prior to each use of this Site. By using this Site, you agree in advance to accept all rules, terms, and conditions, and any such possible changes.
WinningCause.org gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions. WinningCause.org does not sell or rent this information. WinningCause.org uses electronic mail mailing lists to notify its customers about online charity auctions. If you are receiving a particular mailing and wish to discontinue receiving future mailings, simply forward the received e-mail to Admin@WinningCause.org to have your name promptly removed from our list.
- Bid is a Contract:
As a Bidder, placing your bid is a binding contract between you and the Owner/Seller and the bid cannot be retracted. Once you place a bid, and if you win, you become the Buyer, and you will be obligated to buy the product at the said price you indicated as your bid. Placing a bid on this Site, and winning, then not paying for the product is illegal in most states, and prosecution can result. The Owner/Sellers of property sold through this Site reserve the right to reject any and all bids, in their sole discretion.
- Item Description:
All items sell "AS IS - WHERE IS." Neither WinningCause.org or the Seller gives any type of guarantee or warranty, implied or otherwise. These items are offered for auction and their descriptions are from sources deemed reliable and submitted subject to errors, omissions and change without notice. Any errors are not sufficient grounds for returning any purchased item. There are no returns, refunds, or adjustments. THE ENTIRE RISK AS TO THE QUALITY, AUTHENTICITY & CONDITION RESTS WITH THE BUYER. SHOULD THE AUCTION ITEM(S) PROVE NOT TO BE WHAT THE BUYER HAD ASSUMED THEM TO BE FOLLOWING THEIR PURCHASE, THE BUYER AGREES TO ACCEPT THE GOODS REGARDLESS OF THEIR CONDITION! Both the Owner/Seller and/or WinningCause.org reserve their right to withdraw any auction items at any time and/or extend the auction duration. All items will be sold to the highest bidder. WinningCause.org reserves the right to reject any and all bids.
- Buyer's Premium:
Unless a specific auction states otherwise, a 15% buyer's premium will be charged to winning bidders on all items and lots won in auction. Every Buyer pays the same buyer's premium and should bid accordingly. For example, if you bid and win an item for $100, at the close of the auction you will be charged $115 for the item on your auction invoice.
- Sales Tax:
If an item is subject to sales tax, WinningCause.org shall collect sales tax at the time of payment. Tax shall be calculated based on the successful bid price PLUS the buyer's premium. If the Buyer claims an exemption from sales tax, it is the Buyer's responsibility to provide the appropriate resale or exemption certificate for each auction at which the Buyer makes a purchase.
The Buyer will receive an invoice via electronic mail after the close of the auction by the following business day. Payment for purchases must be made by credit card (only Visa, Master Card and Discover accepted). If the credit card is invalid or cannot be charged for any reason, ownership of items will automatically revert to the Owner/Seller. WinningCause.org reserves the right to determine how and to whom it will be resold. The item WILL NOT AUTOMATICALLY go to the next second-highest bid. Failure to pay will result in a permanent BAN from all future auctions and pursuit of all legal remedies available.
Merchandise becomes the full responsibility of the Buyer at the time of sale and the Buyer assumes all risk of loss and damage to property until removed from the sale premises. The Buyer indemnifies and holds harmless WinningCause.org, its directors, officers, employees and agents against any damage or loss which the Buyer, WinningCause.org or third-parties may suffer or incur with respect to loss, damage or injury arising from the removal of an item. Items remaining 30 days after the auction closes will be considered as abandoned, and ownership will revert to the Owner/Seller, who may resell or dispose of items AND continue to pursue collection of payment from the Buyer.
The Bidder/Buyer accepts responsibility for and agrees to indemnify, defend and hold harmless each Owner/Seller and WinningCause.org and their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys' fees and expenses) related to, arising from or associated with the Bidder/Buyer's, his agents or representatives, use of the Site, including but not limited to personal injuries or property damage incurred on the sale premises or during removal and transport of any auction items or lots, and arising out of, based upon, or resulting from any breach or violation by the Bidder/Buyer of this User Agreement or any use by the Bidder/Buyer of the Site or as a result of a dispute with another Bidder.
- User Agreement Constructed under Minnesota Law:
All disputes relating to a WinningCause.org online auction and the terms and conditions herein shall be governed by and interpreted in accordance with the laws of the State of Minnesota. All claims relating to a WinningCause.org online auction and the terms and conditions herein shall be brought to District Court in Hennepin County, Minnesota, and bidders hereby consent to the jurisdiction of said Court.