Bidder and Auctioneer agree to the following Terms and Conditions governing the
Online Auction.
- Registration – Any person who registers for the Online Auction warrants that
he/she is at least 18 years of age and will provide current cell phone number and
email address. Once an individual has registered as a Bidder, he/she is subject to
the Terms and Conditions as outlined in this document. - Online Auction – The Online Auction will take place entirely online during the time
specified on the Auction Site. Bidding will open on all items available in the Online
Auction as soon as the Online Auction is open. Items will be removed from the
Online Auction at various times throughout the Online Auction regardless of
whether the Online Auction is open. Bidding on all items will cease when the Online
Auction closes. - Bidding Visibility – Bidders submit closed bids on all items. Bidder will not see how
many bids have been submitted or what the current highest bid is.
Notwithstanding the forgoing, if Bidder submits a bid that is insufficient to win
given the current Online Auction conditions, Bidder may receive instant
notification. - Current Bid – Bidders may choose to submit a bid on an item in the Online
Auction through a Current Bid. This is the amount that Bidder will pay for the item if
the current bid is a winning bid regardless of the next highest bid. - Bids Are Not Retractable – When a bid is submitted, it is final and may not be
retracted. Notwithstanding the forgoing, Bidders may submit bids of a higher
amount than their previous bid. - Winning Bids – Each item may have one or more winning bids. Any Bidder who
wins will be notified upon the closing of the item. Bidder agrees to pay for said
item within 24 hours of the closing of the item. Auctioneer reserves the right to sell
the item to the next highest bidder if Bidder has not paid within 24 hours of closing. - Returns/Refunds – All winning bids are final and no returns or refunds will be
accepted. - Suspension – You will be suspended or permanently banned from the Online
Auction if you provide false information when registering, such as a false name or
fraudulent contact information. You will be permanently banned from this Auction
Site if you are the successful Bidder and you do not honor your auction bid. - Privacy – Auctioneer agrees not to use information that you provide for purposes
other than those related to promoting, running and managing the Online Auction. - Descriptions – The descriptions of items appearing in the Online Auction and in
advertising prior to the Online Auction are believed to be correct. Nevertheless,
neither those descriptions nor any oral statements made by Auctioneer
concerning any item shall be construed as a warranty either express or implied.
Bidder agrees to accept items that substantially conform to the description of the
items.
- Withdrawal – Despite efforts to avoid the withdrawal of items from the Online
Auction after they are listed it may sometimes be necessary. Bethesda Christian
School reserves the right to do so at any time before or during the Online Auction. - Indemnity – Bidder accepts responsibility for and agrees to indemnify, defend
and hold harmless Bethesda Christian School 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 items arising out of, based upon, or resulting
from any breach or violation by Bidder of these Terms and Conditions or as a
result of a dispute with another Bidder. - Binding Agreement – These Terms and Conditions constitute a binding
agreement between Bidder and Bethesda Christian School unless terminated by
BCS, which BCS may do at any time, without notice, in Auctioneer’s sole discretion.
If Bidder dissatisfaction occurs with the auction sale in any way, Bidder’s only
recourse is to immediately discontinue use of the Auction Site. BCS reserves the
right to terminate Bidder registration and use of the Auction Site, and impose
limits on certain features of the Auction Site or restrict Bidder’s access to, or use of,
part or the entire Auction Site without notice or penalty. - Limit of Liability – BCS cannot, and will not, be held responsible for any
interruption in service, errors, and/or omissions, caused by any means and does
not guarantee continual, uninterrupted or error free service or use of the Auction
Site. Bidder acknowledges that this Online Auction is conducted electronically and
relies on hardware and software that may malfunction without warning. BCS, in its
sole discretion, may void any sale, temporarily suspend bidding and re-sell any
items that were affected by any malfunction. The decision of the Auctioneer is
final. - Binding Arbitration – Any controversy or claim arising out of or relating to these
Terms and Conditions shall be settled by binding arbitration in accordance with
the commercial arbitration rules of the American Arbitration Association. Any such
controversy or claim shall be arbitrated on an individual basis, and shall not be
consolidated in any arbitration with any claim or controversy of any other party.
The arbitration shall be conducted in South Carolina, and judgment on the
arbitration award may be entered into any court having jurisdiction thereof. - Governing Law – These Terms and Conditions and any disputes arising out of or
related to these Terms and Conditions shall be governed by and construed and
enforced in accordance with, the laws of the State of South Carolina - Severability – If any provision of these terms of service is held to be invalid or
unenforceable, such provision shall be struck and the remaining provisions shall
be enforced. - Entire Agreement – These Terms and Conditions set forth the entire
understanding and agreement between BCS and Bidder with respect to the
subject matter hereof.