Bids for a Cure

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Terms of Use:	Please check the BidsforaCure information that you've entered above to make sure that it is correct, and then review the Terms of Use below. 1. Introduction a. Bids For A Cure is a company that implements and manages private auctions created to raise money for the selected organizations and/or individual people who suffer from AIDS, ALS Breast Cancer and/or Diabetes. b. The herein User Agreement describes the "Bids For A Cure," which is a specialized and unique auction procedure (hereinafter; "Auction") and consists of Blind Bidding from its members on various products and/or services, accepting Bids, crediting the selected organization or individuals based the amount earned determined by the number of successful bids placed by members, delivery of the product and/or service to the member that submitted the winning bid, and distributing at least 25% to 100% of the auctions net proceeds to the organizations or individual selected by Bids For A Cure determined by the number of bid credits and the percent of the net proceeds that are to be donated; all in accordance as described herein this User Agreement. c.Before participating in an Auction, a user must register with the company and setup a member profile. For every bid placed on a item listed in the main auctions the organization or individual will receive a portion of the net proceeds determined by the amount of the number of bid credits required to place a bid and the percent of the net proceeds that will be donated. Members will be able to choose the organization they wish to support at the time the bid is placed unless otherwise stated in the auction details. Members and non members will have the opportunity to email the company their story describing their extraordinary circumstances and how they suffer from one of the diseases supported by Bids For A Cure through the provided link on company's website. Randomly throughout the year individuals will be picked by the company's founders and auctions will be held where 100% of the net proceeds will be credited to the individual picked to help with their extraordinary circumstances and suffering caused by one of the diseases supported by Bids For A Cure. Every quarter the organizations supported by the company will be credited the amount determined by the above process unless otherwise stated in a particular auctions details or the herein user agreement. d. Prior to opening an auction the company will determine the minimum number of bids allowed before that auction will close, the minimum amount the members will be able to bid, (known as the minimum bid) and the number of bid credits it will cost to place a bid. e. Members who participate in an auction will have to place bids that are equal to or less than the minimum bid amount in United States dollars and cents and will be required to use the number of bid credits (purchased prior to entering the bid process) required to place a bid on that particular item, and every submitted bid placed. f. All auctions are independent from every other auction, is for only one product and/or service described in the auctions details and every auction has a unique auction number. g.Every auction will close when it has met all or one of the closing requirements as described herein this user agreement. After an auction has met the necessary closing requirements the winning bid(highest unique bid) will be determined based on the bids placed on that particular auction. A unique bid is considered a bid that is not duplicated by any other bid placed on that auction and is the highest dollar amount bellow the minimum bid price. h.After the winning bid has been determined all the members that placed a bid on that auction will be notified by email with the auction results and the member who placed the winning bid will be extended an offer to purchase the product and/or service for the amount of the winning bid placed by him/her as described herein this user agreement. i.After receiving full payment form the member who placed the winning bid on an auction that has closed the company will ship/deliver the product and/or service via methods described herein this user agreement to the address listed in that member’s user profile. 2. Acceptance of Terms Through Use a. By using Bidsforacure.com, registering as a member, placing a bid on bidsforacure.com and/or by clicking “I Agree” to this User Agreement, you (hereinafter, “User”) signify your agreement and acceptance of there terms and condition herein this user agreement. If you do not agree to the terms and conditions herein this user agreement do not use Bidsforacure.com, register as a member, place a bid on any other auctions listed on bidsforacure.com and/or click “I Agree” on this User Agreement. Check this user agreement periodically for changes to this User Agreement as the company reserves the right to revise this user agreement and your continued use of this site following the posting of any changes to this agreement constitutes acceptance of such changes. The company reserves the right to terminate the use of this site by any user at anytime without notice and may do so for any breach of this user agreement or by instructions on this site by the user. b. All users must be over the age of 18, register as member, and agree to this user agreement prior to using this site, placing any bid and/or buying bid credits on Bidsforacure.com c. Upon your agreement to this user agreement, the company hereby grants you a non-exclusive, non-transferable limited license to use this site in strict accordance to the terms and conditions listed herein this user agreement and as permitted via instructions on this site. You agree not to make any fraudulent or false statements in your use of or to gain access to this site. You agree and acknowledge that all images, ideas, intellectual property, designs and services available on this site are the property of company and/or its advertisers and/or its licensors are protected by copyright, moral rights, trademarks, service marks, patents, trade secrets, and intellectual property rights and laws, in the U.S. and internationally. The company, its advertisers and licensors reserve all rights not expressly granted herein. d. Except as may be explicitly permitted through use, you agree not to download, cut and copy/paste, sell, license, rent, lease, modify, distribute, reproduce, transmit, publicly perform, publish, replicate, adapt, edit or create derivate works from concepts, code or content contained on this website.Systematic retrieval of data and/or other content from this site to create or reproduce directly or indirectly, intellectual, application, database, or directory information or contents without written permission form the company is prohibited. In addition to the listed above, any use of content or materials developed by the company and/or its affiliates for any purpose not expressly permitted in this herein user agreement is prohibited. e. You agree that when you sign up and become a member you create a user name and password and you will to the best of your ability and efforts protect and prevent access to this site through your user name and password by any person other than you; including but not limited to, keeping your user name and password information confidential, contacting the company immediately if you discover loss or access to such information by any person other than you, and by not creating a user name and password easily guessed by any person other than you. f. you agree not to reverse engineer, reverse assemble, reverse compile and/or decompile, disassemble, translate, or alter and/or change any executable code, contents and /or materials on/or received by this site. You understand that the company will purse all penalties to the full extent of the law to protect its rights and the rights of its advertisers and licensors. 3. Definitions a.” Accepted Bid” is a legitimate bid that has been accepted by the company and the proper number of bid credits were used to place the bid, and the bid is in accordance with the user agreement. b. “Bid” is a valid offer submitted by a member with an open and active account that does not exceed the minimum bid price for that particular auction and is in accordance to all the rules defined in the user agreement to be considered a bid. c. “Bid Credit” are credits purchased prior to placing a bid/bids on auctions and are purchased via a credit card or other accepted methods. The amount of bid credits required to place a bid may very auction-to-auction and the number of bid credits will be posted on the auction page. d. “Blind Bid” is a bid placed on an auction where to participant has no knowledge of any other bids placed on the same auction by other participants. e. “Closed Auction” is an auction that has reached the minimum number of bids allowed or has met the criteria to close stated in this herein user agreement. f. “Confirmation E-mail” is an automated e-mail sent by the company to the participants confirming the members bid on a particular auction. If the member does not contest the placed bid within 24 hours the company will consider the bid to be correct, valid and authorized by the member. g. “Duplicated Bid” Is a bid that was submitted by a member in a particular auction where another member(s) have placed a bid(s) of the same amount. Duplicated bids are still counted toward the minimum number of bids required to close a particular auction but bids are disqualified from winning the auction as defined in this herein user agreement. h. “Free Auction” is an auction that does not cost any regular bid credits to place a bid. A member must have a free auction credit to participate in a free auction. i.“Free Auction Credit” is credit that a member receives from the company that allows them to place a bid in a free auction. Free auctions credits are distributed at the company’s sole discretion as set forth in this herein user agreement. j. “Main Auctions” are auctions that members use bid credits to place a bid(s). k. The “minimum Number of Bids” is the greatest number of bids allowed by the company to be placed in a particular auction before it closes. The minimum number of bids will be determined by the company before an auction is opened and will be listed on the auctions information page. After an auction has been open the minimum number of bids can not be changed. l. “Member” is a person who is 18 years of age or older, has a valid method of payment accepted by the company or a business entity qualified to do business within a particular jurisdiction and has a valid method of payment accepted by the company and has agreed and accepted the terms and conditions of this user agreement and has been accepted by the company after completing the member sign up on the web site or in person. m. “Open Auction” is an auction that has not yet met the requirements for closing or has been closed by the company as set forth in this user agreement and is open to accept bids from the members. n.”Participant” is a member that has submitted a valid bid in a open auction. o. “Successive Auction” is an auction of the exact product and /or service with the same auction details that is automatically open. p. “Unique Auction”/ “Auction” is an auction guided by the guidelines set forth in this user agreement and has a unique code to identify it. q. “Auditor” the accounting offices that audits the auctions and other transactions as described herein this user agreement. r. “Winning Bid” is the accepted bid with the highest unique value under the minimum bid amount submitted by a participant in a particular unique auction. All bid that where duplicated WILL NOT be considered as the winning bid. s. “Winning Participant” is the participant who submitted the winning bid and paid the appropriate bid credits to place the winning bid. 4. Auction Process a. The company will determine before an auction open amongst other things the fallowing i. The product and/or service to be auctioned in each unique auction ii. The unique code identifying the unique auction iii. The minimum bid amount for the unique auction iv. The number of bid credits required to bid on the unique auction v. The minimum number of bids required to close the auction b. Participants may place bids using the required number of bid credits for every bid placed till the minimum number of bids allowed for that particular auction have been reached and the closing requirements have been met. When the auction closes the winning participant will be determined. c. After an auction closes the winning participant will be given the right to purchase the product for the amount of their winning bid. The company will pay for all taxes, handling fees and shipping costs. If the participant fails to pay the amount of their winning bid as defined in this user agreement they forfeit the right to purchase the product and/or service. d. The participant who placed the winning bid has the right to cancel their purchase of the product and/or service by submitting a written request for a refund the amount of the bid credits required to place the bid. All other bid fees are non-refundable. The company reserves the right to re-offer canceled products and/or services in a new unique auction or donate the products and/or services to a charity of its sole discretion. e. For every bid placed in an auction the participant will select one of the organizations during the bidding process. A percent of at least 25% of the net proceeds of the auctions will be donated to the selected organization based on the cost of the bid credits required to place the bid, the cost of the product and/or service, shipping, taxes and other fees associated with the product and/or service if any. The funds raised will be donated to the organization every quarter. 5. Registering as a Member a.Before being able to participate in the bidding process a user must first register and accept the terms of this user agreement to become a member. b.A user must be at least 18 years of age and have a valid form of excepted payment before they can participate in the auctions c.Each person may register only once. If it is discovered that a person has registered multiple times under different identities the company at its sole discretion may cancel all bids placed under the free auctions. d.Every user will be required to provide their full name, home or shipping address, and e-mail. All user information is held under strict privacy and confidence under the web sties privacy policy. Bids For A Cure does not share any personal information with any outside source or third party unless it is required to conduct the auction and/or process the member’s payments as stated herein this user agreement. e.The user agrees to provide only true and accurate information during membership registration and authorizes, if their bid is selected as the winning bid, that certain information maybe be used form their member profile and used on the web site in accordance with the company’s privacy policy. f.During the registration process the user will be asked to create a user name and password. The user agrees to protect their user name and password to the best of their abilities to prevent access to the web site by a third party, and agrees to create a password that is not easily guessed by a third party. g.All employees and their immediate family members, subsidiaries and/or affiliates of the company with access to bidding information may not participate in any auctions. 6. Participating in an Auction a.Members may submit bids through the company’s web site (www.bidsforacure.com) or any other method provided by the company. The company reserves the right the to define additional bid methods and also reserves the right to add and/or terminate bid methods without notice. b.All members have the right to bid on all open auctions c.It is the member’s responsibility to maintain accurate information in their member profile. Bid(s) may be rejected due to inaccurate billing information. d.Participants agree and understand that they must purchase bid credits prior to placing bids. And they agree that the purchase of bid credits will be charged to the participant’s payment method chosen and payment will be charged at the time they purchase bid credits. e.The company is not responsible for the inability to place bids for any reason. f.Participants who’s method of payment is credit or debit card they represent, warrant and covenant that all the card information is true, complete and correct, the charges will be honored by the credit card company and the participant will pay such charges. g.If a participant used a non real-time method of payment the payment must clear before they are credited the bid credits to their account. h.If an auction is canceled by the company for any reason listed herein this user agreement all member accounts will be created the number of bid credits equal to the number of bid credits the auction costs. i.Members can only participate in the free auctions with free auction bid credits. Free auction bid credits are awarded by the company at any time and can be earned by referring other friends and family who become members and purchase bid credits. j.All Accepted bids are assigned a unique bid number k.After a member places a bid they will receive a confirmation e-mail sent to the e-mail address on the member profile and will contain at least the bid amount, and the auction number on which the bid was placed. The user has 24 hours from the time the e-mail was sent to dispute the validity of the bid. After 24 hours the bid will considered valid and the member is a participant in the auction. l.There is no limit on how many times a member can place a bid in an open auction as long as they have the required bid credits. m.Under no circumstances can the number of minimum bids be exceeded n. All bids must be equal to or less than the minimum bid price and must be in US dollars and cents. o. If a participant believers there is am error or inconsistency between the submitted bit and the bid received, the bid amount in the confirmation e-mail will be binding. In such case the participant has 24 hours to dispute the bid as stated herein this user agreement and they can not claim that their bid should have been chosen as the winning bid for a particular auction. The company will not be responsible for such inconsistencies. p. Failure to notify the company of any inconsistencies regarding a participant's bid within 48 hours of a particular auction becoming closed shall constitute acceptance of the outcome of the auction by the participant. 7. Bids And Bid credits a.Bid credits are bought for the right to place bids on an auction. b.The amount of bid credits listed in the auction details is for one bid, and a participant must have that amount of bid credits for every bid they place. c. The company determines the number of bid credits required to place a bid on a particular auction and holds the right to adjust the number of bid credits required only before the auction is open. d. The number of bid credits required to place a bid will be posted in the auction details and can not be adjusted after the auction is open. e. If a bid does not meet all the requirements to be considered a bid the participant will not be charged and the bid will be void and not considered in the auction process. f. The company is not obligated to accept any bid from any person(s) and/or third party that wishes to place a bid if the company suspects any illegal activity or does not feel comfortable with the transaction. 8. Requirements for Closing an Auction a.An auction closes when the minimum number of bids has been reached. b.After the minimum number of bids has been reached the winning bidder will be determined via the fallowing steps i.All payments will be verified, and any unqualified bids will be disqualified ii.Duplicated bids will be disqualified iii.Unique bids will be identified iv.The highest unique bid will identified and is the winning bid c.Within five days from the close of an auction the company will e-mail all participants with the results of the auction. The e-mail will contain at least the amount of the winning bid, and the date the auction closed. d.The winning participant may submit and release the right for use on the web site, a testimonial, e-mail of thanks and/or a photo of them and the product. e.The winning participant will be notified by e-mail. f.The winning participant will be sent and e-mail with a link that will allow them to purchase the product and/or service for the amount of the winning bid. The winning participant will have to purchase the product and/or service the amount of the winning bid before the product and/or service will be delivered. g.Winning participants will have forty-five (45) days to purchase the product and/or service for the amount of the winning bid before the forfeit their right to the product and/or service. If the winning participant fails to purchase the product and/or service within the allowed time period the company has the right to donate the product and/or service to the charity the company’s sole choice, re-offer the product in a new unique auction, or allow the second highest unique bidder to purchase the product and/or service. 9. Delivery of Products and/or Services a.Delivery and/or the supply of the product and/or service is dependent on the completion of all conditions stated herein this user agreement. b.The product and/or service will be delivered to the address provided in the winning participants member profile at the time the final payment of the product and/or service was received. c.Delivery method of the product and/or service is at the company’s sole discretion, and the company has fourteen (14) days to arrange shipment of the product and/or service to the winning participant. The company has the right to extend the delivery time of the product and/or service due to situations out of the control of the company. d.The successful bidder may be required to present 2 form of valid id upon delivery of the product and/or service. One, which must have a picture and is issued by the state or government. If the winning participant does not have or refuses to present such identification the company and/or its delivery agents will not release the product and/or service to the participant. e.The company will not be held responsible for nonessential differences between the description on the auction details page and the actual product and/or service that are delivered. “Nonessential differences” refers to differences that do not change the general purpose of the product and/or service. If the product and/or service differs essentially the winning participant can i.Keep the product and/or service as is ii.Cancel their winning bid and a refund of all charges and bid credits will be issued by the company to the participants account. And this will be the sole claim of the participant against the company 10. Product and/or warranties a.The company makes no representations or warranties as the any of the products and/or services offered in the auctions and no claims can be made against the company based on the products and/or services. b.All products and/or services are brand new and will have their manufactures warranties if applicable and no claims may be made against the company for defective products and/or services. 11. Bid Cancellation and Refund Policy a.If an auction is can canceled for any reason the members will be credited the appropriate amount of bid credits equal the number of bid credits the canceled auction costs. b.No confirmed and/or accepted bid can be refunded or canceled unless it meets all one of the requirements listed herein this user agreement. c.Members have 24 hours from the time the confirmation e-mail was sent to contest a bid they believe it was placed fraudulently. d.No bids will be refunded after an auction has closed and the winning bid is announced. Under special circumstances and at the companies sole discretion may consider refunds of bid fees after the cancellation period due to fraud or other uncontrollable situations. e.If a bid is canceled as described herein this user agreement they will not be considered and/or counted in determining the number of bids or winning bid. 12. Auction duration and conditions for cancellation a.After an auction has been opened, it will remain open till the number of minimum bids has been reached or the auction meets other requirements to close as stated herein this user agreement or the auction details. b.The company has the right to cancel or delay an auction due to extraordinary circumstances that the company has no control over. c.The company has the right to cancel an auction and/or a bid(s) if the company suspects illegal use of a credit card, and in the event of illegal use of a credit card the company is in no way responsible for any purchase made with the credit card. d.In the event of a canceled auction the company will refund all credit the participants bid credits equal to the number of bid credits spent to place a bid(s) on the canceled auction within 30 days of the cancellation, and this will be the participants only claim against the company. e.The above does not prejudice any right and/or claim the company may have towards a third party. 13. Notices a.All notices to the company must be sent using the “contact us” link on the website. This in no way obligates the company to respond or discuss any claims. b.A copy of the user agreement is available on the website; www.bidsforacure.com 14. Disclaimers a.In no event, or as permitted by applicable law, is bids for a cure liable to any party for any direct, indirect, actual, incidental, consequential, special, multiple, or punitive damages. Including, but not limited to. Damages for loss of business or investments profits, loss of business or personal assets, loss of data or programs, business interruption or any and all other loss which results from use of this web site or information and or internet links obtained accessed downloaded copied or calculated, or any other damages arising in any way out of the availability, use, reliance on, delay in, or inability to use this web site or any information or internet links accessed, obtained, downloaded, copied or calculated and whether attributable to errors, omissions, damages, infection, negligent or unintentional inaccuracies of any information or internet links, whether or not the parties maintaining this web site have been advised of the possibility of such damage, and whether such related claim(s) are based in contract, tort, civil, or otherwise, the parties maintaining this web site shall not be liable or responsible if any information infects your or anyone else’s computer system, programs, or data b.Bids for a Cure expressly disclaims any representations or warrants of any kind, whether express or implied, as to the merchantability or fitness for a particular purpose of but not limited to any data contained on this web site and/or any product described or promoted on this web site, including warranties with respect to infringement of any patent, copyright or other rights of third parties. 15 General a.All bids submitted by participants are kept in strict confidentiality until the auction closes. b.All auctions are under the supervision of the auction managers c.All shipping, handing charges will be paid by the company. If there are any additional or extraordinary taxes and/or payments according to the law applying to an item and/or service not expressly defined in this user agreement as paid by the company, they will be paid by the auction winner d.All heading are for navigation and convenience only e.This agreement shall be governed by and in accordance with the laws of the state of Colorado. In the event that a dispute arises as to enforcement, interpretation of implementation of this user agreement, the parties consent to personal jurisdiction in the state of Colorado and venue in the United States District Court. f.The company will not help responsible for the use of bid details and/or information giving by members obtained by any third parties who obtained the information through but not limited to hacking or penetration into the company’s web site. g.No portion of this agreement may be waived, except by a written waiver signed by both parties. h.In the event that one or more of the provisions or portions of the provisions of this user agreement are found to be invalid, void, illegal or unenforceable. All other portions of this herein user agreement shall remain effective and binding. i.This User Agreement is binding upon all parties hereto, as well as their agents, servants. Successors, assignees, licensees and transferee's. .
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