Terms and Conditions

General Overview

These Terms & Conditions govern the relationship between CareToBid and its Users. By using CareToBid's services, you accept these Terms and Conditions and agree to how CareToBid operates. Any modifications to these Terms & Conditions must be agreed to in writing by CareToBid to be binding.

Platform Role: CareToBid provides an auction Platform that connects Auctioneers and Causes with Users. CareToBid is the technology platform provider only. Auctioneers are responsible for their Auctions, including selecting products, setting auction parameters, and fulfilling orders. The Auctioneer, not CareToBid, is responsible for delivering won Auction Items to Winning Users.

Information provided on CareToBid (such as "Help," "About Us," or FAQ sections) is for informational purposes only and is not intended as binding rules or guidelines. In the event of any conflict between such informational content and these Terms & Conditions, these Terms & Conditions shall govern. CareToBid is not liable for the actions of Users or third parties who have accessed such information.

CareToBid will comply with all applicable tax legislation for the sale of Bid Credits and goods.

CareToBid reserves the right to modify these Terms & Conditions at any time. Continued use of the service after changes constitutes acceptance of the modified terms.

Acceptance of Terms & Conditions

By registering with CareToBid, you confirm that you are eligible (as defined in the "Eligibility" section) to use our services. If you do not agree to these Terms & Conditions, you must not use CareToBid. Any access, use, or download of services from CareToBid constitutes your agreement to be bound by these Terms & Conditions.

Eligibility

By registering with CareToBid, you confirm that you:

• Are at least 18 years of age
• Have reached the age of majority in your jurisdiction
• Have the legal capacity to enter into a binding contract
• Have the right, authority, and capacity to abide by these Terms & Conditions

Geographic Restrictions: Users must reside in the 50 states of the United States (excluding U.S. sovereign territories of Guam, Puerto Rico, and the U.S. Virgin Islands) and Washington D.C.

User Type: CareToBid products and services are offered exclusively to individual consumers, not commercial or semi-commercial retailers.

Account Limitations:

• One account per person
• CareToBid may limit the number of Users per household
• CareToBid may limit the number of Auctions won per User
• The same credit card cannot be used on multiple accounts

Registration Requirements

When registering for CareToBid, you must:

• In order to receive shipments, provide a valid residential postal address (P.O. boxes are not permitted)
• Register only once - only one account per person is allowed
• Provide accurate and truthful information
• Choose a username that is not offensive, deceptive, or used for advertising
• Keep your password confidential at all times
• Not collude with other Users to exchange information

Username Violations: If your username violates these Terms & Conditions, your account will be frozen until you change it, or CareToBid may permanently close your account without prior notice.

Password Security:

• CareToBid will never ask for your password outside of the official login form
• Never provide your password via email, phone, or to anyone claiming to be CareToBid staff
• You are responsible for all activities conducted using your account and password
• Accounts are non-transferable and may only be used by the registered User
• Account abuse may result in termination and legal action

Referrals
Users may refer friends to CareToBid using the form on the CareToBid website. CareToBid offers free bid credits to any User who refers new users that sign up and confirm their email. CareToBid reserves the right to review each referral for possible fraud. No users may refer family members or pets located in the same household. Any abuse of the referral system will result in the deduction of fraudulent bids awarded and/or the termination of the user's account.

Account Termination
Users have the right to terminate their account at any time. CareToBid reserves the right to temporarily or permanently terminate a user's account at its sole discretion. Users will be disqualified when in the reasonable opinion of CareToBid, a member has violated any laws or the rights of our users or other third parties. A user will be disqualified for any illegal activity or violation of these Terms & Conditions. Examples of such unauthorized usage include, but are not limited to, use of unauthorized third-party bidding software or set up of multiple accounts by the same individual ("Multiple Account Violation"). In case of a breach of these Terms & Conditions, CareToBid reserves the right to suspend account access and/or withhold refunds for Bid Credits, and Auctioneers may withhold delivery of Auction Items.

Bidding, Bid Credit Purchases, and Automatic Bidding

Users can place Bids by manually clicking an Auction's "Bid" button and/or by using the Automatic Bidding function. Automatic Bidding lets users bid on an auction even when they are not online or logged in. Automatic Bidding automatically places bids according to the user's instructions.

Bid Credits may be purchased in advance in the form of "Bid Packs", or acquired through promotions, referral rewards, and other means (see Free Bid Credits). Purchased Bid Credits that have not been used in Auctions are non-refundable. Should a User not honor a payment, a returned payment fee will be charged. The user will be responsible for these fees. CareToBid reserves the right to block access to the user's account until payment in full of the invoice amount, including any fees due to returned payment etc.

Bid Credits may expire after one year if not used. Upon expiration, the Bid Credits become void and can no longer be placed. Once a Bid is placed in an Auction, it is deducted from the User's bid account.

How the Auctions Work
With each Bid placed, the price of the Auction Item on which the User is bidding increases by a pre-set Bid Increment that is specified on each auction. When the Auction Item is near its Estimated End Time, each new bid adds additional time to the auction's Estimated End Time. When a bid is placed it is deducted from the user's bids account. Placed bids are not refundable. The auction ends when the time on CareToBid's servers reaches zero (see Platform Authority). The last user to place a bid wins the auction (becoming the Winning User). Sometimes the time may differ from our servers to our users' web browsers. A user's timer should therefore only be viewed as an indication of the auction time (see Estimated End Time). A slow Internet connection or an old web browser may cause the possible time difference. The auction is only over when the time on the CareToBid server reaches zero and no other bids have been placed. The Winning User will then have the option to purchase the product for the Auction Price plus shipping & handling and taxes (if applicable).

Bids become valid when they are entered into the CareToBid database and registered in CareToBid's system. CareToBid is not responsible for disruptions in the User's connection and/or any errors that may occur as a result of this. This includes, but is not limited to, incorrect timer display, outdated information on bidders, and bids. If CareToBid suspects a disruption in operations, CareToBid reserves the right to pause all Auctions and/or change the bidding time of on-going auctions. CareToBid reserves the right to cancel auctions that end due to, but not limited to system error, bot bidders, technical problems, or any other reasonable reason.

The Buy It Now price is determined by the Auctioneer. CareToBid cannot guarantee that a corresponding product is available elsewhere at a lower or higher price.

CareToBid is not responsible for changes in legislation that affect the Auction and its execution.

Odds of Winning Auctions
Every Auction is unique and the results of all auctions offered on CareToBid depend on the number of Users participating in such auctions and the skill of the users participating in the auctions; precise odds of winning are therefore unavailable. The Winning User will be posted on CareToBid immediately following each auction.

How Causes Receive Funds
Auctioneers and Causes receive Funds Raised from three sources: (1) the purchase price of Bid Credits used on their Auction Items, (2) the final Auction Price paid by the Winning User, and (3) Donations made by Users. Bid Credits are used on a First In, First Out (FIFO) basis, meaning they are automatically used in the order they were acquired. The total Funds Raised are calculated as the sum of used Bid Credit purchase prices on Auction Items, plus the amounts paid by Winning Users and any Donations. From this total, Payment Processing fees, Platform Fees, and Auctioneer Fees (if applicable) are deducted. The resulting amount becomes the Proceeds distributed to the Individual or Organization for a Cause.

Acceptance of the Win / Payment
After an Auction has ended, the Winning User must proceed through checkout from the Auctions Won tab on their dashboard to purchase the Auction Item at the final Auction Price. Shipping costs and taxes may be applicable. If the Winning User does not complete the purchase within seven (7) days of the auction end date, the Auctioneer, in their sole discretion, reserves the right to withdraw the offer for the Winning User to purchase at the final Auction Price, and the Winning User's right to pay for and receive delivery of the item will be permanently revoked. All Bids placed on that Auction Item expire and are non-refundable. The Winning User must pay the total price including the final Auction Price and any applicable taxes and shipping fees. After paying the amount due, the winner will be sent a confirmation and the Auctioneer will arrange for delivery. Payment Processing is handled through CareToBid's platform and the Auctioneer is notified of the win and payment status of won Auction Items. The Auction Item will not be sent to the User by the Auctioneer until the total price has been paid. CareToBid is not responsible for technical problems at the payment solution provider. The buyer must also provide an accurate delivery address on the account before the Auctioneer can ship the product (see Fulfillment).

Special Promotions
Any special promotions run by CareToBid shall only be valid if they are announced on CareToBid. Certain promotions may only be valid for a limited time, and details of any such time frames will be announced on CareToBid. Once the advertised time limit of any such promotion has been reached, or the relevant Auction or Auctions have ended, the promotion is also finished.

Returns / Cancellations
CareToBid is a platform that connects Users with Auctioneers and does not directly provide Auction Items. Any requests for returns or cancellations must be coordinated directly between the Winning User and the Auctioneer or Cause. Bids placed on Auctions are not eligible for refund.

Auctioneer Responsibility: The Auctioneer or Individual or Organization operating the Auction is responsible for handling any returns and cancellations at their discretion. If you believe you are not being treated fairly by an Auctioneer regarding a return or cancellation request, please contact support@caretobid.com and CareToBid will work to help facilitate communication between the parties.

Should the Auctioneer not be able to deliver the product ordered or the product won, the Auctioneer shall be entitled to substitute the item with an equivalent product acceptable to both the Auctioneer and the User, or provide a refund of the Auction Price. CareToBid may assist in facilitating communication and resolution between the Auctioneer and User in such situations.

Delivery / Fulfillment
Deliveries are made exclusively to the 50 states of the United States (excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands) and Washington D.C. Some restrictions or higher shipping costs may apply if the delivery address is in Alaska or Hawaii. The Auctioneer operating the Auction is responsible for delivering won Auction Items to Winning Users at the address provided by the User. Delivery will be arranged and fulfilled by the Auctioneer, not by CareToBid. Delivery times vary depending on the Auctioneer; therefore any time provided should be used as a guide only. The Auctioneer may involve third parties or shipping services to fulfill delivery obligations. Obvious damage to the item from transport or packaging damaged during transport should be reported to the Auctioneer and to support@caretobid.com.

Withholding Payment / Retention of Title
The Auction Item delivered shall remain the Auctioneer's property until payment is received in full of the total price, including the shipping and Bid Credits used in the Auction. Until such time as payment has been made in full the User undertakes to store the item separately from their other possessions and to insure it.

Disclaimer of Warranty and Liability Regarding Use of CareToBid
User agrees that use of CareToBid is at the user's sole risk. Neither CareToBid nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by CareToBid, or the like, warrant that websites affiliated with CareToBid, including but not limited to, CareToBid, will be uninterrupted, error-free, or free of viruses, worms, trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on CareToBid may contain inaccuracies or typographical errors. CareToBid makes no warranty as to the results that may be obtained from the use of CareToBid or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through CareToBid. Furthermore, CareToBid shall not be responsible for any opinions, views, advice or statements posted on CareToBid (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorized CareToBid spokesperson. Advertisers, content providers, Users, guests, independent writers and experts are not authorized CareToBid spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, users, guests, independent writers or experts be relied upon for important personal decisions without independent verification.

YOUR USE OF CareToBid IS AT THE USER'S SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY CareToBid ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

CareToBid MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF CareToBid, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM USE OF CareToBid, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, CareToBid DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

CareToBid DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF CareToBid.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM CareToBid OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT CareToBid HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH CareToBid.

SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON CareToBid SERVICES OR ITEMS PURCHASED THROUGH CareToBid, FROM INABILITY TO USE CareToBid'S SERVICES OR ITEMS PURCHASED THROUGH CareToBid, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF CareToBid'S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

If you are dissatisfied with any portion of CareToBid, you should discontinue your use of CareToBid.

Disclaimer of Warranty and Liability Regarding Products
All products are sold by Auctioneers with the manufacturer's limited warranty only. The Auctioneer is responsible for the accuracy of product descriptions and specifications as set forth in each Auction listing. CareToBid, as the Platform provider, makes no warranties regarding the products themselves. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request to the manufacturer. Warranty is excluded for the delivery of any used products.

EXCEPT AS REQUIRED BY LAW, CareToBid MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS SOLD BY AUCTIONEERS THROUGH THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WHICH WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED. PRODUCT QUALITY, DELIVERY, AND SERVICE ARE THE RESPONSIBILITY OF THE AUCTIONEER.

CareToBid, AS A PLATFORM PROVIDER, SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, MISUSE OF THE PRODUCTS BY THE CUSTOMER, AUCTIONEER, OR ANY OTHER PERSON FOLLOWING DELIVERY. IN NO EVENT SHALL CareToBid BE LIABLE TO ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED IN CONNECTION WITH PRODUCTS SOLD THROUGH THE PLATFORM, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.

System Outage / Temporarily Paused Auctions
A system outage has occurred if no Bids can be submitted for Auction Items due to an unforeseeable disruption in a system. In such a case, Auctions will be temporarily paused and the remaining time for the auctions, the current Auction Price and the current highest bidder will be recorded. After the disruption has been resolved, the auctions will be continued and 10 minutes will be added to the remaining times for the auctions. Temporarily paused auctions are clearly indicated. Bids placed on a temporarily paused auction shall be credited back on a User's account; however, CareToBid is not responsible for any other costs incurred by the user. CareToBid reserves the right to cancel auctions that end due to, but not limited to system error, bot bidders, employee bidders, technical problems, or any other reasonable reason.

With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. CareToBid, therefore, provides no guarantee for the constant and uninterrupted availability of the website and/or other technical systems. In addition, CareToBid shall not be liable for any damage incurred by Users or third parties from using CareToBid's services. In particular, CareToBid shall not be liable for damage that occurs due to Bids submitted by Users not being received by CareToBid or not being received promptly or not being considered, as a consequence of technical errors.

Trademarks
Any trademarks appearing on CareToBid are the property of their respective owners.

Service and Support for Products Purchased
All requests for technical service and support on products purchased on CareToBid should be made directly to the manufacturer in accordance with their Terms & Conditions.

Applicable Law / Severability Clause
This Terms & Conditions Agreement and your use of CareToBid shall be governed by the laws of the United States of America and the State of Minnesota without regard to its conflicts of laws principles. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court sitting in Minnesota.

You are subject to the laws of the Jurisdiction in which you reside and/or from which you access CareToBid and the services provided. The laws governing Auctions, contests and tournaments are set up by each individual state, not by the federal government. VOID OUTSIDE OF THE UNITED STATES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account and/or participate in Auctions offered by CareToBid while located in a prohibited Jurisdiction, you will be in violation of the law and these Terms & Conditions, and subject to having your account suspended or closed permanently. You agree that CareToBid cannot be held liable if laws applicable to you restrict or prohibit your participation.

The UN Convention on the International Sale of Goods shall not apply.

Protection of Data: Collection, Processing, and Use of our Customers' Personal Information
The protection of your data is very important to us.

For more information on the collection, processing, and use of personal data, please read our Privacy Statement.

External Links
Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.

Entire Agreement
These Terms & Conditions constitute the entire agreement between the User and CareToBid with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms & Conditions or Privacy Policy will be effective only if in writing and signed by CareToBid.

Note:
Placing Bids online at CareToBid frequently or repeatedly can incur high costs. We would like to advise all Users to monitor their bidding practices. Therefore, users should pay attention to their bidding practices and check their charges regularly.