Auction Administrator Terms of Use Agreement

Bid For Education

(Bidder Terms of Use Below)

Read This Terms of Use Agreement Before Accessing Bid For Education

Effective Date: This Terms of Use Agreement (Agreement) was last updated on July22, 2016.

Welcome to Bid For Education. It is our objective to assist you with your online auction. You can contact us at support@BidForEducation.com with any questions, comments or concerns.

This is an Agreement between you, the Auction Administrator (Administrator), and us, Synap Software, LLC, developers of 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. In addition, when using Bid For Education services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. Any participation in this site will constitute your acceptance of this Agreement. If you do not agree to abide by this Agreement, you may not use this site.

If you choose to bid on an item in your auction or any Bid For Education auction, you also agree to be bound by the Terms of Use Agreement for auction bidders.

1. Description of Service

Bid For Education is online auction software and is provided as a service. This is an Agreement for services, and you are not granted a license to any software by this Agreement.

In exchange for the payment of the service fee set forth below, we will provide you with an online location and service to host your school or organization auction as set forth on our website, www.BidForEducation.com.

2. Service Fees

Bid For Education is a paid service. You will pay us a service fee for each hosted auction. Your auction cannot take longer than nine (9) months from the date of your payment of the service fee to complete. Once an auction ends, it may not be reopened. Additional auctions will require an additional service fee.

The service fee is waived if your auction consists only of one (1) auction item.

3. Administrator Account and Information

You must be over the age of 18 to be an Administrator. When you create an auction you become the Administrator for your auction. You will designate a username and password to access your auction. You are responsible for maintaining the security and confidentiality of your username and password. We will not be liable for any loss or damage from your failure to comply with this security obligation. You agree to notify us of any unauthorized use of your Account.

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.

4. Using Your Account

You, as the Administrator, are entirely responsible for any and all activities which occur under your auction, whether authorized by you or not.

In connection with using or accessing our service 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;
fraudulently misrepresent your organization or yourself as a representative of the organization;
post, list or upload content, images, descriptions or items that are inappropriate, abusive, defamatory, obscene, fraudulent or offensive to others;
post, list or upload content, images, descriptions or items without the proper rights to do so, including those subject to copyright and trademark laws;
use our service if you are not able to form legally binding contracts (for example, if you are under 18 or are temporarily or indefinitely suspended from using our sites, services, applications or tools);
fail to deliver items sold by you, unless the buyer fails to follow the posted terms, fails to make payment, disputes payment, or you cannot identify or contact the buyer;
manipulate the price of any item or interfere with or change any legitimate bid;
post false, inaccurate, misleading, defamatory, or libelous content;
distribute or post spam, viruses (or any like technologies), unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
use any robot, spider, scraper or other automated means to access or interfere with our services for any purpose;
transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation;
circumvent any technical measures we use to provide our services;
resell or make any commercial use of our service without our express written consent;
reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to eBay, or that comes from the Services and belongs to another eBay user or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of eBay and/or any other party holding the right to license such use; or
harvest or otherwise collect information about users without their consent.

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.

When providing us with content or causing content to be posted using our service, you grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademark and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights or any other intellectual property or publicity rights against us, our sublicensees, or our assignees.

5. Termination/Transition of Account and/or Administrator

In exchange for payment of our service fee, we will host one auction for you. The auction will have a set start and end date and must be completed within nine (9) months from the payment of your service fee. Once an auction ends, it may not be reopened.

You may add an auction to your account or change your account administrator by contacting us at support@BidForEducation.com. All subsequent auctions will require the payment of the service fee and all subsequent auctions and Administrators will be bound by this Agreement.

At our sole discretion, we may cancel unconfirmed accounts or accounts that have been inactive for a long time. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.

6. Payment processing

We use Stripe services for processing payment from your winning bidders or cash donors. We are not affiliated or related to Stripe nor do we receive any financial benefit from them, either direct or otherwise. In order to accept payment for completed bids, you must utilize and have a Stripe account. If you would like to use a different payment processor, you may contact us and we will try to accommodate your request. Whatever payment processor you choose, Stripe or otherwise, you are subject to the terms and conditions of those third party processors.

Stripe charges a transaction fees for processing payments. As of the effective date of this Agreement, Stripe fees are 2.9% plus $0.30 per transaction. You are responsible for payment of these fees.

You are responsible for all issues related to collecting payment for auction items, including, but not limited to credit card issues, refunds or disputes. At no time do we have access to credit card information entered by your bidders. We cannot be and are not responsible for any issues related to collecting payment for auction items, including, but not limited to, credit card issues, refunds or disputes.

7. Updates, Modifications and Interruption to Service

We may remotely update any version of Bid For Education, either with or without notice. Any updated version of Bid For Education will be subject to all of the same terms and conditions of this Agreement. We may send email communications or intersystem messages explaining new features.

We reserve the right to modify or discontinue Bid For Education with or without advance notice and shall not be liable to you, or any third party, beyond the service fee paid for your auction. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

8. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by third parties, including Stripe or other payment processors. 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 all Administrators to review said privacy policies of third-parties’ sites.

9. 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 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.

We do not warrant that our service, or information provided, obtained or processed through our service, will meet your requirements. We do not warrant that the operation of Bid For Education will be uninterrupted or error free, virus or defect free, or that any and all failures of our service will be corrected. The entire risk as to the quality and performance of Bid For Education, and information provided, obtained and processed through Bid For Education is with you.

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.

Regardless of the previous paragraphs, if we are found to be liable for any reason, our liability to you or to any third party is limited to the amount of fees in dispute not to exceed the total amount which you paid to us in service fees in the 12 months prior to the action giving rise to the liability, or $250, whichever is greater.

10. Indemnification

You will indemnify and hold us, and our officers, members, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of our service, or your breach of any law or the rights of a third party, including, but not limited to, infringement of any intellectual property.

If you have a dispute with one or more users of your auction, you release us, and our officers, members and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

11. 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.

12. 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.

Bidder Terms of Use Agreement

Bid For Education

(Auction Administrator Terms of Use Below)

Read This Terms of Use Agreement Before Accessing Bid For Education

Effective Date: This Terms of Use Agreement (Agreement) was last updated on July 22, 2016.

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.

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 to 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

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.

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

7. Other Terms

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