TERMS AND CONDITIONS

May 16, 2010

1. General. This website (“Site”), hosted on behalf of Vineyard Christian Fellowship of Hood River, 508 9^th Street, Hood River, OR 97031 (“we,” “our,” or “us”), provides you, the end user, an opportunity to bid on goods and services (“Auction Items”) offered by third party individuals and businesses (“Donors”).

• By using this Site or bidding on Auction Items, you acknowledge, accept, and agree to comply with all of these Terms and Conditions.

• We reserve the right to cancel, suspend, or modify the Auction or this Site if any fraud, misuse, virus or other problem corrupts the administration or security of the Auction or this Site.
• Donations that we receive are not restricted to the benefit of a private individual. We reserve the right to use any donations as we deem appropriate, in our sole discretion, for the general purpose of promoting, facilitating, and funding adoption.

2.  Auction Procedures; Terms of Sale.

• You must be a U.S. resident at least 18 years old and the age of majority in your state of residence to qualify to bid on Auction Items.
• All Auction Items, including Auction Items that are children’s goods or services, are intended for purchase and redemption by adults.
• Auction Items are offered “AS IS,” “AS AVAILABLE,” and “WHERE IS,” with no representations or warranties of any kind, whether express or implied, including but not limited to merchantability or fitness for a particular purpose.
• By placing a bid for an Auction Item, you make an offer to purchase the underlying goods or services on the terms and conditions stated below and otherwise set forth in the description of the Auction Item.
• We reserve the right to disqualify your bid for any reason in our sole discretion, without notice or obligation to you.
• An Auction Item may be removed by us for any reason. Bids for Auction Items that are discontinued or withdrawn will be disregarded, and any related payment will be refunded.
• If we determine, in our sole discretion, that you are the highest qualifying bidder for an available Auction Item, we will accept your bid by sending you an E-mail notice within three (3) calendar days of the conclusion of the Auction.
• If we are unable to contact you by E-mail or if you fail to deliver complete claim information and payment to us within two (2) calendar days, we may offer the Auction Item to the next highest bidder without further notice or obligation to you.
• Payments will be accepted by PayPal, cash or check payable to “Vineyard Christian Fellowship.”
• Upon timely receipt and verification of payment, the Auction Item or voucher that may be exchanged for the Auction Item will be sent to the winning bidder. Vouchers for services will be sent by E-mail.  Goods will be sent by First Class mail, postage prepaid by us; you may request expedited shipping, certified mail, or insurance at your additional expense.
• Payments for Auction Items are only tax-deductible to bidders if permitted by law, to the extent that the amount paid exceeds the value of the goods or services received.  Unless we expressly agree in advance, you will not receive a donation receipt for your payment. You should consult with your own tax advisor for additional guidance.
• To the extent permitted by law:
  • Auction Items may not be returned or exchanged.
  • Auction Items are subject to the terms, conditions, and limitations generally imposed on Donor’s sale of similar goods or services to other customers, in addition to the terms, conditions, and limitations set forth in these Terms and Conditions.
  • Auction Items are void where prohibited, restricted or taxed.
  • You agree to pay any sales, use, or other tax applicable on the purchase, receipt and use of an Auction Item.
  • The identified Donor, not us, is the seller, provider, holder and issuer of the goods or services, or voucher for such goods or services, and is solely responsible for the goods and services and voucher redemption.
  • We are not responsible for any representations, guarantees, or warranties made or offered by Donors or other third parties.
  • Vouchers may be exchanged for the specified goods and services from the Donor identified in the description of the Auction Item.
  • Original, unaltered, printed vouchers must be presented and surrendered at time of redemption. Personal identification may also be required to confirm validity.
  • Unless otherwise expressly provided, vouchers are redeemable in their entirety, on a one time basis only, and may not be redeemed incrementally.
  • Vouchers may not be applied to shipping, handling, taxes, tips, or other charges or fees.
  • Vouchers have no cash value and may not be applied to prior balances or purchases, combined with any other certificates, coupons, promotions, offers or discounts, or redeemed for cash.
  • Reproduction, sale or trade of a voucher is prohibited.
  • Vouchers expire on the later of (a) the date printed on the voucher, (b) six (6) months from the date the Auction is concluded, and (c) a later date required by applicable law.
  • Neither we nor Donors are responsible for lost, stolen, or unclaimed vouchers.
  • Any attempted voucher redemption not consistent with these Terms and Conditions will render the voucher void.
• If a Donor declines to redeem a valid voucher, please contact us and we will refund the purchase price of the voucher.

3. Modifications. We may amend these Terms and Conditions at any time by posting the amended Terms and Conditions on this site. All changes will be effective (a) immediately, for new users and for bids and purchases after the date of the change, and (b) thirty (30) days from the date of the change, for all other users or circumstances.  These Terms and Conditions may not be otherwise amended except in a writing signed by you and us. We encourage you to re-read these Terms and Conditions from time to time to stay informed as to any such changes. Any use of this Site by you after such notice shall be deemed to constitute acceptance by you of such modifications.

4. Conduct. This Site is private property. Your use of and interactions with this Site must comply with these Terms and Conditions and applicable laws. Any conduct that we determine, in our sole discretion, restricts or inhibits any other person from using or enjoying this Site is strictly prohibited.

5. Intellectual Property. This Site contains copyrighted material, trademarks, and other proprietary information.  Everything located on, in, or through this Site is our exclusive property or used with express permission of the copyright or trademark owner. ANY COPYING, DISTRIBUTION, TRANSMISSION, POSTING, LINKING, OR OTHER MODIFICATION OF THIS SITE OR MATERIAL ON THIS SITE WITHOUT OUR EXPRESS WRITTEN PERMISSION IS STRICTLY PROHIBITED. Any violation of this provision may subject you to significant civil and criminal penalties.

6. Privacy.

• You will be required to provide your name and E-mail address to us each time you place a bid.  Winning bidders will also be required to provide a mailing address and telephone number. If you do not want to provide this information to us, you should not bid on Auction Items. We may also collect and store information based on your activities on this Site, including your computer and connection information, statistics on page views, traffic to and from the Site, IP address and web log information (“Activity Information”).
• Your name, E-mail address, and Activity Information will be shared by us with our third party agents, contractors, content providers, and other third parties as we deem necessary or advisable to manage this Site. In addition, your name, E-mail address, mailing address, and telephone number will be shared with the Donor(s) of the Auction Item(s) on which you are the winning bidder, to facilitate delivery of the Auction Item(s).
• We may use your information to analyze Site use, to improve Site content and advertising, to tell you about other activities and opportunities that we may offer in the future, to troubleshoot problems, to resolve disputes, to accomplish administrative tasks, to enforce our agreements with you, to protect the rights, property or safety of us or third parties, to cooperate with law enforcement activities, and to comply with the law or a court order.
• With your consent, we may share your information with Donors for their marketing purposes, even if you are not a winning bidder.
• Third party websites that may be referenced on this Site have their own data collection, use and disclosure policies that you should review if you link to such third party website. We are not responsible for the practices of third parties.
• We do not collect or maintain information from anyone known to be a minor, and no part of this Site is designed to attract minors.

7. Disclaimer of Warranties; Limitation of Liability; Indemnification.

“Released Parties” include (a) us, (b) our third party content providers and licensors, (c) Donors, and (d) our respective officers, directors, employees, and agents.

• YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. RELEASED PARTIES DO NOT WARRANT THAT USE OF THIS SITE OR THIRD PARTY SITES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO (a) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR ANY THIRD PARTY SITE OR (b) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR AUCTION ITEMS PROVIDED THROUGH THIS SITE. RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGE TO YOUR EQUIPMENT RESULTING FROM THE USE OF THIS SITE. THIS SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. RELEASED PARTIES DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
• You understand that there is danger inherent in certain goods and services offered as Auction Items.  You appreciate these dangers, and acknowledge that your receipt or use of any Auction Items or participation in any related activities is AT YOUR SOLE RISK.
• YOU, ON BEHALF OF YOURSELF AND YOUR ASSIGNS, HEIRS, DEVISEES AND ESTATE (COLLECTIVELY, “SUCCESSORS”), UNCONDITIONALLY RELEASE, DISCHARGE, AGREE TO HOLD HARMLESS AND COVENANT NOT TO SUE RELEASED PARTIES, FROM AND AGAINST ANY AND ALL CLAIMS, JUDGMENTS, COSTS, DAMAGES, LOSSES, EXPENSES AND LIABILITIES (UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER THEORY) RELATING TO ANY CLAIM YOU MAY NOW OR HEREAFTER HAVE WITH RESPECT TO ANY DEATH, PERSONAL INJURY, PROPERTY DAMAGE, PECUNIARY LOSS OR OTHER LOSS, DAMAGE, COST OR EXPENSE (COLLECTIVELY, “HARM”) THAT MAY BE SUFFERED BY YOU IN CONNECTION WITH (a) THIS SITE, (b) YOUR RECEIPT OR USE OF AUCTION ITEMS OR PARTICIPATION IN RELATED ACTIVITIES, AND (c) ANY ACTION OR INACTION BY A RELEASED PARTY, INCLUDING FAILURE TO COMPLY WITH APPLICABLE LAW AND FAILURE TO ABIDE BY THE TERMS OF AN OFFER, EVEN IF SUCH HARM IS CAUSED SOLELY BY THE RECKLESSNESS, NEGLIGENCE OR FAULT OF ONE OR MORE RELEASED PARTIES. YOU SPECIFICALLY UNDERSTAND AND AGREE THAT THIS RELEASE WILL PREVENT YOU AND YOUR SUCCESSORS FROM BRINGING A LAWSUIT OR OTHER ACTION AGAINST  ANY RELEASED PARTY AND FROM RECOVERING MONEY DAMAGES OR OTHER LEGAL RELIEF FROM ANY RELEASED PARTY IN CONNECTION WITH ANY OF THE CLAIMS RELEASED ABOVE.
• IN NO EVENT SHALL RELEASED PARTIES BE LIABLE TO YOU FOR ANY MONITARY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL RELEASED PARTIES’ TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS SITE, THESE TERMS AND CONDITIONS,  OR AUCTION ITEMS, EXCEED THE GREATER OF THE AMOUNT YOU PAID TO US IN THE PREVIOUS SIX (6) MONTHS, AND TEN DOLLARS ($10.00).
• You agree to indemnify and hold Released Parties harmless from any claims, demands, suits, and expenses, including attorneys’ fees and other costs of defense, made by any third party arising out of or otherwise related to (a) your use of this Site, (b) your actual or alleged breach of this Agreement, or (c) your actual or alleged violation of any law or the rights of a third party.
• You waive any provision in any jurisdiction that provides, in whole or in part, that a general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.
• Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so these disclaimers and exclusions may not apply to you in whole or in part.

8. Termination. We reserve the right to immediately terminate this agreement and/or your use of this Site if we determine, in our sole discretion, that your use of this Site is a breach of these Terms and Conditions or otherwise unacceptable to us. The provisions of Sections 2, 4, 5, 6, 7, 9, 10, and 11 will survive termination of this agreement.

9. Third-Party Content; Hyperlinks. Any services, offers, or other information or content provided by third parties, including Donors, are those of the respective author(s) or distributor(s) and not of us. In many instances, the content available through this Site represents the opinions and judgments of the respective third party. We neither endorse nor are we responsible for the accuracy or reliability of any statement made by anyone other than us. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through this Site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content or communication available through this Site. Website addresses are provided solely as a convenience to you and not as an endorsement by us of the content, goods or services on such websites.

10. Miscellaneous.

• These Terms and Conditions constitute the entire agreement of the parties with respect to the subject matter hereof and cancel and supersede all prior agreements and understandings, whether written or oral.
• The section headings are for convenience only and shall be of no legal force or effect.
• These Terms and Conditions and the rights and obligations contained herein or otherwise arising between the parties shall be governed by and construed in accordance with the laws of the state of Oregon, without regard to any choice of law or conflicts of law principles.
• You and we irrevocably waive our respective rights to trial by jury in any legal proceeding arising out of or relating to these Terms and Conditions, this Site, related activities, Auction Items, and Released Claims.
• The sole venue for any legal proceedings between the parties shall be in the state or federal courts in Oregon, except as otherwise expressly provided in Section 11, and you consent to the exclusive, personal jurisdiction of such courts.
• If any provision of these Terms and Conditions is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this agreement, and the remaining portions of this agreement shall continue in full force and effect.
• Our failure to exercise any of our rights shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
• We shall not be responsible for events beyond our control, such as acts of God, weather delays, unforeseen commercial delays and other contingencies.
• You have been given an opportunity to review and analyze these Terms and Conditions and to seek legal counsel. You agree to the use of the particular language in this agreement.  Any questions of doubtful interpretation shall not be resolved by any rule providing for interpretation against the party who causes the uncertainty to exist as both you and us agree to be considered the drafter of these Terms and Conditions.
• If these Terms and Conditions conflict with any other provision or statement elsewhere on this Site or in related materials, these Terms and Conditions shall govern.

11. Arbitration. By using this Site, you agree that: (a) any claim, dispute, or controversy you may have against us or Donors, or otherwise related to the purchase or sale of Auction Items, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (b) the arbitration shall be held at a location in Hood River, Oregon, as further determined by AAA pursuant to the Rules and Procedures, or at such other location as may be mutually agreed upon by you and us; (c) the arbitrator shall apply Oregon law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (d) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or our individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (e) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (f) with the exception of subpart (d) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (d) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor us shall be entitled to arbitrate our dispute. For more information on AAA and its Rules and Procedures, visit www.adr.org.