The 'Pair' Tree Foundation

AUCTION/DONATION

TERMS AND CONDITIONS

 

By submitting Your bid to an Auction hosted on this website, You acknowledge and agree to the following Terms and Conditions of Auction/Donation. 

 

1.         You are 21 years of age or older, You understand that the Property auctioned is non-exchangeable, non-refundable and You agree to make your donation as indicated on the Auction Website. 

2.         The Auction Provider reserves the right to withdraw any property before the end of the Auction Period, halt any action during its progress, and/or remove, screen or edit any materials or content on the Auction Site.  The Auction Provider may refuse to process a transaction for any reason or refuse service to anyone at any time in its sole discretion.

3.         Neither the Auction Provider nor any of its affiliates will be liable to You (the Bidder), any Vendor or Third Party donating the property, by reason of the Auction Provider's withdrawal of any property prior to the end of the Auction Period; halting any auction or auction during its progress; removing, screening or editing any materials or content on the Auction Site; refusing to process a transaction; or unwinding or suspending any transaction after processing has begun.

4.         In the event of similar bids, the earliest Bidder at that level will be the successful Bidder.  In all cases, Auction Provider’s determination of the successful Bidder will be final. 

5.         Failure of a winning Bidder to complete its donation transaction for any reason, including the Auction Provider's decision to refuse to process the transaction, Auction Provider shall have the right to select the next highest Bidder to complete this donation.

6.         You acknowledge and agree that these Auction/Donation Terms and Conditions shall be the entire agreement among the parties concerning the subject matter hereof, and supercede all prior discussions, agreements, representations, whether oral or written, express or implied. 

7.         THE AUCTION PROVIDER IS LOCATED IN ARLINGTON HEIGHTS, ILLINOIS; THE DONATION TRANSACTION IS THEREFORE DEEMED TO HAVE BEEN COMPLETED IN CHICAGO, ILLINOIS, U.S.A.  You waive the right to bring a claim in any court located outside Chicago, Illinois , or to argue that any such court has jurisdiction over any claim arising under or related to this agreement or any transaction consummated hereunder. 

8.         The Auction Provider reserves the right to reject any bid or offer at any time. In the event of identical bids or offers, the first bid or offer received by the Auction Provider will take precedence. In the event of any dispute between potential Buyers, or in the event of doubt as to the validity of any bid or offer, the Auction Provider will have the final discretion to determine the successful Bidder. If any dispute concerning bidding or any offer to purchase arises after the Auction, the Auction Provider's determination is conclusive.

9.         ALL PROPERTY AUCTIONED BY AUCTION PROVIDER IS PROVIDED “AS-IS”.  AUCTION PROVIDER expressly disclaims all warranties, guarantees and remedies, whether express, implied or statutory, including without limitation the implied warranties of merchantability

and fitness for a particular purpose. In no event will AUCTION PROVIDER be liable for special, consequential, indirect, incidental, direct, or punitive damages, including without limitation losses (INCLUDING LOSS OF DATA ) or expenses arising out of your use or operation of the PROPERTY.

 

10.       Auction Provider is not responsible for errors or omissions in connection with the transmission of bids or offers to the Auction Provider (including without limitation your receipt of emails regarding the status of a bid, offer, lot or purchase), nor for any on-line or other charges you may incur in connection with participating in a sale or Auction.  YOU, ON BEHALF OF YOURSELF, YOUR RESPECTIVE AGENTS, REPRESENTATIVES, ATTORNEYS, ASSIGNS, HEIRS, AFFILIATES, PARTNERSHIPS, PREDECESSORS, AND ITS RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND SUCCESSORS IN INTEREST, DO HEREBY IRREVOCABLY RELEASE AND HOLD HARMLESS AUCTION PROVIDER, AND ITS RESPECTIVE AGENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND SUCCESSORS IN INTEREST, FROM ANY AND ALL CLAIMS (PAST, PRESENT OR FUTURE), COVENANTS, CAUSES OF ACTION, DEMANDS, COSTS, SUITS, CONTROVERSIES, OR CLAIMS OF ANY TYPE, FIXED OR CONTINGENT, LIQUIDATED OR UNLIQUIDATED, DISPUTED OR UNDISPUTED, KNOWN OR UNKNOWN, RELATING TO THE AUCTION OR AUCTIONED PROPERTY.