WEBSITE TERMS AND CONDITIONS

This document governs the relationship between you and Charitable Auctions, LLC when you use our online services.

TERMS OF SERVICE

We provide our service to you subject to the following terms and conditions. You must read the terms and conditions of this contract before using the service. By using the service you agree to be bound by the terms and conditions set out below which may be updated by us from time to time.

In addition, when using particular services or entering competitions, you shall be subject to any applicable guidelines and rules applicable to such services which may be posted by us from time to time. All such guidelines and rules are hereby incorporated by reference into these terms.

In the case of any inconsistency between any such guideline or rule and these terms, the guideline or rule shall prevail. If you do not wish to be bound by these terms and conditions, you may not use the service.

1) DEFINITIONS

"Contract" means this agreement;

"Information" means all material delivered by us through the Website;

"Registration Form" means the form you must complete in order to receive newsletters, participate in any Charitable Auctions produced online competition and/or register for any other reason;

"Registration Information" means all personally identifiable information collected by us when a user registers on any Web site produced and managed by Charitable Auctions and/or participates in any online competition and/or registers for any other reason;

"Service" means the provision by us to you of access to the Information through this Website;

"we", "us", "our" means Charitable Auctions, LLC of 7630 Cherry Tree Ln Willowbrook IL 60527

"Website" means the relevant website situated at charitable-auctions.com and/or any corresponding sub-domains.

"you", "your", "yourself" means you, the Service end-user.

"Non-profit" means any corporation legally organized, registered and recognized by the IRS as meeting the qualification and stadards for classification under the IRS code 501(c)3.

"Donations" means monetary contributions to any corporation legally organized, registered and recognized by the IRS as meeting the qualification and stadards for classification under the IRS code 501(c)3, performed in accordance to regulations and practices defined by the IRS for such contributions.

"Donors" means financial and/or in-kind contributors to any corporation legally organized, registered and recognized by the IRS as meeting the qualification and stadards for classification under the IRS code 501(c)3, performed in accordance to regulations and practices defined by the IRS for such contributions.

"Fundraiser" means an organized event or activity designed to connect potential Donors with a Non-profit organization with the purpose of securing Donations.

"Raffle" means an organized activty where tickets or tokens may be sold as a Fundraiser for a Non-profit organization, where such participantion causes the participant to earn one equal chance entry per ticket or token to win a prize of a disclosed and verifyable monetary value.

2) REGISTRATION, PASSWORD, SECURITY AND USE

To sign up to receive a newsletter and to access all areas of the Website, you must complete the registration process by providing us with true, accurate, current and complete information about yourself as prompted by the Registration Form. You should then choose a password and an account name. You are then entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to:

(a) notify us immediately of any unauthorised use of your account or any other breach of security, and

(b) exit from your account at the end of each session.

We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2. If you provide any information that is untrue, inaccurate, not current or complete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, we have the right to suspend or terminate your access to those parts of the Service requiring registration.

You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message board postings or other uploaded content will be retained by the Service and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

3) DISCLAIMER OF WARRANTIES

The Service is provided on an "as is" and "as available" basis and we make no warranties or representations, whether express or implied, in relation to the Service, including but not limited to implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose.

You acknowledge that:

(a) it is technically impossible to provide the Service free of faults and that we do not undertake to do so;

(b) faults may lead to temporary unavailability of the Service;

(c) the results that may be obtained from the use of the Service may include inaccuracies or typographical errors; and

(d) the operation of the Service may be adversely affected by conditions and performances outside our control, including without limitation, transmission and telecommunications links between us and you, between different parts of our network, and between us and other systems and networks.

You further acknowledge that some of the information, for example software, is supplied to us by third parties and accordingly we offer no warranty of whatever nature in relation to such information.

4) LIMITATION OF LIABILITY

You agree that, except for death and personal injury arising from our negligence, we shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with this contract or the use or performance of the Service or related Website, including without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).

5) RIGHTS GRANTED/ RIGHTS RESERVED

We provide the Information to you solely for your personal, non-commercial purposes and you may download the Information onto only one computer hard drive for such purpose. The Information may not be used for any other purpose including, publication, reproduction or transmission without our express written permission, subject to which you may upload and/ or send material derived from the Information or other material to us.

By uploading or sending any material to us, you thereby grant to us an irrevocable, unconditional, world-wide, royalty free license to use such material or any part of it in perpetuity in any and all media and in any manner we may determine in our sole discretion.

Furthermore, you thereby waive all so-called moral rights or other similar rights in such material. You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble or otherwise attempt to discover the source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Information.

6) USER CONDUCT

We provide the Service to you solely for your, personal, private use. You undertake not to use the Service:

(a) for any unlawful purpose;

(b) in any way so that the Service is interrupted, damaged, rendered less efficient or the functionality of the Service is in any way impaired;

(c) in any way that may damage or disrupt another user’s computer;

(d) for the transmission, uploading or posting of any computer viruses or any harmful or deleterious files or programs;

(e) to transmit, upload or post any material which is defamatory, offensive, racist, vulgar, libelous or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;

(f) as a means to threaten, stalk, harass, abuse, or otherwise insult other users or to collect or store personal data about other users;

(g) in a manner which constitutes a violation or infringement of any person, firm or company’s rights (including, but not limited to, rights of copyright or confidentiality);

(h) to transmit any material for the purposes of publicity, promotion and/or advertising without our prior written consent unless such transmission has been specifically requested by another user of the Service;

(i) to create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to impersonating a Charitable Auctions, LLC employee, manager, host or another user; or

(j) to transmit, upload, post or otherwise make available any solicited or unauthorized advertising, promotional materials, "junkmail", "spam", "chain letters", "pyramid schemes" or any duplicative or unsolicited messages.

However, we do not control the content posted via you or other users on the Service and as such, do not guarantee the accuracy, integrity or quality of such content. By using the Service, you acknowledge that you may be exposed to content that is offensive or objectionable.

Under no circumstances will we be liable in any way for any content or any damage incurred as a result of you accessing any content posted or otherwise transmitted via the Service.

You acknowledge that we do not monitor or pre-view any content posted via you or other users of the Service, but that we shall have the right (but not the obligation) to refuse access to or move any content made available via the Service.

7) PARENTAL RESPONSIBILITY

We are concerned about the safety and well being of all our users, but in particular children. Charitable Auctions requires that all users must be at least 18 years of age. Parents may not allow their children to use the Service and should take care to supervise their children. We remind you that the Service is designed for use only by legal adults. As the legal guardians, we remind parents that it is their responsibility to supervise children and thier activities.

9) RESPONSIBILITIES TO USERS

In accordance with the Terms and Conditions contained herein, if you are a User, Charitable Auctions will perform, and You authorize Charitable Auctions to provide as Your agent and on Your behalf, the following services (the Services).

Charitable Auctions will:

(i) be paid and process online donations (online Donations) made by individuals or entities (Donors) through the Charitable Auctions Service;

(ii) comply with the Charitable Auctions Privacy Policy,

(iii) hold the funds received through online Donations in a non-operating bank account;

(iv) remit funds to the designated non-profit or by check or electronically to the bank account the online Donations, less

(A) a service fee of 7.50% (Charitable Auctions receives a fee of 5% plus the credit card processing fees are on average 2.5%) of online donations collected via the Charitable Auctions service,

(B) 3.3% for fees collected for all online event registrations processed through our system (only applies if Charitable Auctionss Paid Event Registration module is used). These fees above are inclusive of all credit card processing and banking fees; these fees are subject to change at any time at the discretion of Charitable Auctions and

(v) send a thank you email and transaction receipt to Donors. Charitable Auctions also automatically generates and sends a series of emails to fundraisers and donors to assist them in more effectively using the Charitable Auctions Service. Charitable Auctions will make available to Non-profit users (i.e., an individual authorized by a non-profit organization whose supporters use the Site to raise money for such organization), online reports identifying, where available, the name, address, email and transaction accounting details of the individuals or entities that have made online Donations to their organization along with amount of the online Donation.

10) PAYMENTS AND TAXES

Donors will pay the online Donations by credit card to Charitable Auctions as your Agent. The fees deducted by from the online Donations pursuant to Section 9(b)(iii)(A) and (B) will be paid to Charitable Auctions at the time of the transaction.

Payment to the designated non-profit organization pursuant to Section 9(b)(iii) above will be made either (a) weekly via electronic funds transfer or monthly if payment is via check if the funds due to such participant exceed $99.99 or (b) no less frequently than quarterly if the funds due are less than $99.99. Payments will be sent on or about the 17th of the month following the end of the relevant payment period.

These payment schedules are subject to change at any time at the sole discretion of Charitable Auctions. Non-profit users will be responsible for taxes based on its net income or gross receipts.

11) DONATIONS TO NON-PROFIT AND OUR FEES

If you are a Fundraiser or Donor, you are solely responsible for ensuring that you have selected the correct organization to fundraise for or donate to. All donations to non-profits are made as unrestricted gifts and may not be specified for any particular purpose.

The amount of donations to the non-profit designated by you are charged on your credit card and paid to, and processed by, Charitable Auctions or its affiliates such non-profit organization’s behalf. Any payments of donations are final and non-refundable. The donations will be held in a non-operating bank account until such time as Charitable Auctions forwards the donations to the non-profit or payee of funds.

Charitable Auctions forwards donations to the non-profit at intervals as determined by Charitable Auctions and the non-profit. It is as frequently as weekly but no less frequently than quarterly. Your donations to the non-profit designated by you will be net of fees as designated in section 9(b)(iii).

This fee structure is subject to change from time to time at the sole discretion of Charitable Auctions. Users agree not to use an invalid or unauthorized credit card in making transactions on the Charitable Auctions site. Once a donation is made, the transaction is final and not subject to dispute unless unauthorized use of the Users payment card is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules.

12) INDEMNIFICATION

You further undertake that in the event that you have any right, claim or action against any other user arising from the use of the Service, you shall pursue such right, claim or action independently of, and without recourse to us.

You will fully indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of this Contract or any use of the Service, the Information or the Website by you.

You acknowledge that we have limited control over the nature or content of information or programs transmitted or received by you or other users using the Service and that we do not examine in any way the use to which you put the Service.

You agree to fully indemnify us against any claims or legal proceedings arising in connection with your use of the Service which are brought or threatened against us by any other person.

13) INTELLECTUAL PROPERTY

You acknowledge that all copyright, trade marks and all other intellectual property rights in the Service shall remain vested in us or our licensors.

14) SUSPENSION AND TERMINATION

We shall have the right to immediately terminate this Contract and/or suspend your access to the Service if you commit a breach of these terms and conditions.

15) RAFFLES

When entering any raffle you must agree to the rules and/or restrictions applicable to the individual raffle, please ensure that you read our general Raffle Rules and Regulations, which apply to entry in all of our raffles.

You must be of legal gaming age within the state which issued the permit or license or the state in which the authorized organization is located for any raffle in which you participate. All federal, state and local laws and regulations apply

16) USER PRIVACY

Please refer to our Privacy Policy concerning our treatment of the Registration Information and/or any other personal information relating to you that we collect in the course of providing the Service.

Additionally, you may inquire about any specific privacy issues or concerns by sending an email to support@charitable-auctions.com.

17) CHANGES TO THE TERMS AND CONDITIONS AND THE SERVICE

We reserve the right to change these terms and conditions from time to time by placing a note of such change in this file, and your continued use of the Service following notice of such change shall be deemed to be your acceptance of any such change. It is your responsibility to check this file regularly to determine whether this Contract has been changed. If you do not agree to any change in the terms and conditions of this Contract then you must immediately stop using the Service. We also reserve the right to change and update the Service from time to time.

18) SEVERABILITY

Each provision of this Contract excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of this Contract.

19) NO WAIVER

No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

20) CHOICE OF LAW AND JURISDICTION

These Terms and Conditions were last updated December 18 2008