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--- Auctions4aCause.com Site Usage Agreement --- 1. User Agreement a. Auctions 4 A Cause, LLC (Hereinafter: the "Company") is a Colorado company, which manages and implements private Auctions, designed to raise money for selected charities and member non-profit fundraising organizations through the Internet. b. The herein Users Agreement describes the "Auction 4 Charity," which is a unique and specialized Auction procedure (Hereinafter: "Auction") and consists of the Company promoting invitations for Blind Bidding from its Members on various products and/or services, accepting Bids, crediting selected charities or fundraising promotions with points according to Participant’s selections, determining the Successful Bid, delivery of the product and/or service to the Participant that submitted the Successful Bid, and distributing at least 25% of the net auction proceeds to the charities or up to 65% of net proceeds to the fundraisers sponsored by Auctions 4 A Cause; all in accordance as described herein this Users Agreement. c. Prior to participating in an Auction, Users must register with the Company and setup a Member profile in which they will choose a charity, from a list of charities determined by the Company. For every Bid the Participant places in an Auction, the charity in the Participant’s Member profile will receive one point. Participants may alter their charity selection by editing their Member profile. Participants will also have the option to submit information about their favorite "unlisted" charity. The Company will select two (2) member submitted charities every quarter to receive a portion of the donations as described herein this Users Agreement. The remaining proceeds will be distributed to the listed charities based on the percentage of points they receive as described herein this Users Agreement. d. Before each Auction, the Company will determine the maximum Bid amount for each Auction and the Maximum Number of Bids that will be accepted for the Auction. This price will be displayed for each Auction and is referred to as the "Get4" price. e. Participants in the Auction will submit Bids less than or equal to the "Get4" price in United States Dollars and cents and will pay a administration and registration fee (Hereinafter: "Bidding Fees") for each submitted Bid. f. Each Auction is independent of all other Auctions and is for only one product and/or service and every Auction will have a Unique Auction number. g. Each Auction will close when it meets the closing requirements as described herein this Users Agreement. After the Auction closes, the Participant that submitted the winning (successful) Bid is determined. The Successful Bid is the highest unique Bid for the offered item out of all Bids received for the Auction. A unique Bid is a Bid that is not identical to any other Bid submitted in that Auction. h. Once identified, the Successful Participant in an Auction is extended an offer to purchase the product and/or service for the Successful Bid submitted by them in that Auction, as described herein this Users Agreement. i. After receiving payment for the Successful Bid from the Successful Participant, the Company will ship or deliver the product and/or service via methods described herein this Users Agreement to the address contained in the Successful Participants Member profile at the time the Bid was submitted and accepted by the Company. 2. Acceptance of Terms Through Use a. By using this site or by registering as a Member or by placing Bids on this site or by clicking "I Agree" to this Users Agreement, you (Hereinafter: "User") signify your agreement and acceptance of these terms and conditions. If you do not agree to this agreement please do not use this site and do not register as a Member and do not place any Bids and do not click "I Agree". Please check this agreement periodically for changes as the Company reserves the right to revise this 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 a User’s use of the site at anytime without notice and may do so for any breach of this agreement or the instructions on this site by the User. b. Users must be over 18 to agree to this user’s agreement and register as a Member and to use this site or place any Bids. c. Upon your agreement to this Users Agreement, the Company hereby grants you a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Users Agreement and as permitted via instruction on this site. You agree not to make any false or fraudulent statements in your use of or to gain access to this site. You acknowledge and agree that all images, ideas, intellectual property, designs and services available on this site are the property of the Company and its advertisers or licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and intellectual property rights and laws, in the U.S. and internationally. All rights not expressly granted herein are reserved by the Company, its advertisers and licensors. d. Except as may be explicitly permitted through use, you agree not to download, cut and paste, sell, license, rent, lease, modify, distribute, sell, reproduce, transmit, publicly perform, publish, adapt, edit or create derivative works from concepts, code or content contained on this site. Systematic retrieval of data or other content from this site to create or reproduce directly or indirectly, intellectual, application, database or directory information or contents without written permission from the Company is prohibited. In addition to the above, any use of content or materials developed by the company and/or its affiliates for any purpose not expressly permitted in this agreement is prohibited. e. You agree that if you are issued a Username and Password by the Company, you shall use your best efforts to protect and prevent access to this site through your Username and Password by anyone other than yourself, including, but not limited to, keeping such information strictly confidential, notifying the Company immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily guessed by a third party. f. You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter any executable code, contents or materials on or received by this site. You understand that the company shall pursue such penalties to the full extent of the law to protect its rights and the rights of its advertisers and licensors.
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