Bidder Terms of Use Agreement

Bid For Education

Read This Terms of Use Agreement Before Accessing Bid For Education

Effective Date: This Terms of Use Agreement (Agreement) was last updated on May 29, 2017.

Welcome to Bid For Education. By accessing and using Bid For Education, you accept and agree to be bound by the terms and provisions of this Agreement and our Privacy Policy. If you do not agree to abide by this Agreement, you may not use this site.

Bid For Education is online auction software and is provided as a service. Our service is limited to providing the software to host an online auction. We are not responsible for the content contained on the site with relation to items (including photos or images, descriptions or conditions of use), donors, or organization information and are not liable for the misrepresentation or nature of the above.

1. Bidding

When you bid on an item, you agree that you have read the item description in its entirety and agree to any terms or conditions associated with the item. You acknowledge that you are aware of the method of delivery of the seller and method of payment.

If you are the highest bidder for an item at the end of the auction or you purchase an item for a fixed price, you agree that you are obligated to complete the transaction with the seller. Payment is due immediately upon the completion of the auction or immediately after meeting the bid for a Buy It Now or Fixed Price Item.

You further agree and acknowledge:

you are over the age of 18;
you are purchasing the item for your own use or consumption and will not resell or otherwise transfer the item purchased, other than as a gift;
you are bidding in good faith and if you are the high bidder on an item, that you have created an obligation to purchase that item;
you must pay for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller;
you are solely responsible for maintaining the security and confidentiality of your username and password;
you must provide and maintain at your own expense all computer hardware, software, communication equipment, Internet access accounts and access lines necessary to access and utilize Bid For Education;
you will not use Bid For Education for any illegal or unauthorized purpose, nor violate or breach any laws, third party rights or our systems or policies; manipulate the price of any item or interfere with or change any legitimate bid; and
you will not circumvent any technical measures we use to provide our services.

All bids are taken in the order received. If a bid was not received by close of the auction, the bid will not be valid. We cannot control the speed of your internet or other factors that may affect the time it takes for a bid to be received and recorded.

If we believe you are abusing the site in any way, we may, in our sole discretion and without notice: limit, suspend, or terminate your account and access to our services; remove any content, descriptions or images; and take technical and/or legal steps to prevent you from using our services.

2. Confidentiality and Communication

When you register as a user on Bid For Education.com and/or bid on an item(s), you will receive emails from us regarding your activity, the activity of items that you bid on, and the auction. Your name, email address, and bid activity will also be accessible by the Auction Administrator to facilitate the auction, and your name and bid amount may be listed on the auction site as the high bidder or most recent bidder on an item, unless you choose to bid anonymously at registration. Please review our Privacy Policy for more information on how your personal information may be used.

3. Payment processing

When you bid on an item, you will be required to enter your credit card information. All payments are processed by a third party payment processing vendor. If you are the winning bidder on an item, your credit card will automatically be charged by for the amount of your winning bid. We do not have access to your credit card information. We are not responsible for collecting payments, resolving disputes or issuing refunds.

4. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage you to review said privacy policies of third-parties’ sites.

5. Disclaimer of Warranties; Limitation of Liability

We try to keep our service safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our service. Bid updates and other notification functionality in our applications, including emails, may not occur in real time. Such functionality is subject to delays beyond our control.

Bid For Education is provided on an “AS IS” and on an “AS AVAILABLE” basis. As such, to the fullest extent permitted by applicable law, we make no representations or warranties of any kind, express or implied, regarding the use and service of Bid For Education.com in terms and conditions of its correctness, accuracy, reliability, or otherwise. We disclaim all warranties with regard to our service, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the extent permitted by applicable law, we, Synap Software, LLC, including our officers, members, and employees, are not liable for any damages or losses whatsoever, including, but not limited to, loss of money, goodwill or reputation, profits, revenue, use, or other intangible losses or any special, indirect, consequential, incidental, exemplary or punitive damages, arising out of the use of, or inability to use, Bid For Education, or related to this Agreement, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if we have been advised of the possibility of such damage or loss.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

6. Jurisdiction and Arbitration

Bid For Education is operated and provided in the State of Colorado, and the laws therein shall govern this Terms of Use, without giving effect to any choice of law rules. Accordingly, if you choose to access Bid For Education you agree to do so subject to the internal laws of the State of Colorado.

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, or our services, shall be settled exclusively through final and binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

7. Other Terms

If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

Thank you for using Bid For Education.com. BID OFTEN, BID HIGH!