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Online Auction Site Use Agreement

Terms and Conditions

Bidder and the Barbers Hill Independent School District ("District") agree that the terms listed below shall govern each online auction sale

  1. All of the registration information provided by the Bidder to the District is accurate and complete. Bidder must be 18 years of age or older.
  2. BY ACCESSING THIS SITE, THE BIDDER AGREES TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF THE ONLINE AUCTION SITE USE AGREEMENT and to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site. District reserves the right to periodically change the terms and conditions of the Online Auction Site Use Agreement and it is the Bidders' responsibility to periodically review any and all changes made to these terms and conditions prior to each use of this Site. By using this Site, you agree in advance to accept any such changes.
  3. The final highest purchaser shall be designated at the end of each auction sale as the successful Bidder. If a dispute arises between two or more Bidders, District reserves the right to reopen bidding. District's designation of the Buyer shall be final.
  4. You will be suspended or permanently banned from the Site if you provide false information when registering, such as a false name or fraudulent contact information. You will be permanently banned from this Site if you are the successful Bidder and you do not honor your auction bid without justification satisfactory to District in its sole discretion.
  5. Settlement for payment for purchases must be made by cash or cashiers' checks. All sales are subject to appropriate state Sales Tax laws. Successful Bidder must acknowledge and agree not to retract the purchase offer. Successful Bidder shall be responsible for making arrangements for merchandise removal. Payment for purchases is due in full within 2 days after conclusion of the sale.
  6. The descriptions of items appearing in the auction and in advertising prior to the auction are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by District concerning any item shall be construed as a warranty either express or implied. ITEMS ARE SOLD AS IS, WHERE IS and WITH ALL FAULTS. Bidder acknowledges that all items were available for inspection prior to the auction and, by these terms, District strongly encouraged Bidder to carefully inspect each item in which Bidder had any interest to determine the item's nature, quality, condition, quantity and size. By engaging in the Online Auction, Bidder acknowledges that Bidder has relied solely on personal inspection and not on information listed on the Site or otherwise provided by District. Bidder's failure to inspect, or to otherwise become fully informed as to the nature, quantity and size of any item will not constitute grounds for any claim, adjustment, refund, termination of the contract for sale, or refusal to close the sale, against District.
  7. The Online Auction Site Use Agreement constitutes the final expression of the parties' agreement and a complete and exclusive statement of the terms of the sale. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY EXCLUDED from the merchandise that is offered for sale or sold, this sale and all transactions in connection therewith.
  8. Despite efforts to avoid the withdrawal of items from the sale after they are listed it may sometimes be necessary. District reserves the right to do so at any time before or during the sale. District reserves the right to reject any and all bids in its sole discretion.
  9. Merchandise becomes the full responsibility of Successful Bidder at time of payment, and Successful Bidder assumes all risk of loss and damage to property until removed from sale premises. District agrees that merchandise may remain on the sale premises for a period of ten days following receipt of payment. If merchandise is not removed within ten days following receipt of payment, the ownership of the merchandise will revert back to the District and the District may dispose of or resale the item at its discretion.
  10. District reserves the right to resell any property not paid for in full within four days of the online auction item's closing date.
  11. Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless the District and its employees, governing body, trustees, agents and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, accosts and expenses (including reasonable attorneys' fees and expenses) related to, arising from or associated with Bidder's, his agents or representatives, use of the Site including but not limited to personal injuries or property damage incurred on the sale premises or during removal and transport of any auction items, and arising out of, based upon, or resulting from any breach or violation by Bidder of this Online Auction Site Use Agreement or any use by Bidder of the Site or as a result of a dispute with another Bidder.
  12. This Online Auction Site Use Agreement constitutes a binding agreement between Bidder and District until terminated by District, which District may do at any time, without notice, in District's sole discretion. If Bidder dissatisfaction occurs with the auction sale in any way, Bidder's only recourse is to immediately discontinue use of the auction Site. District reserves the right to terminate Bidder registration and use of the auction Site, and impose limits on certain features of the auction Site or restrict Bidder's access to, or use of, part or the entire Site without notice or penalty.
  13. District cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use other the Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. The District, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any items that were affected by any malfunction. The decision of the District is final.
  14. As a Bidder, placing a bid is a binding contract between you and the District and the bid cannot be retracted. Once you place a bid, and if you win, you will be obligated to buy the product at the said price you indicated as your bid. District reserves the right to reject any and all bids, in its sole discretion.
  15. As a Bidder you are responsible for any bids placed under your e-mail address and password. The security of your Bidder information is your sole responsibility as you, the Bidder, will be responsible for any and all bids placed under your password. If at any time you feel that your e-mail address and password have been compromised due to lack of security on your part you must notify District immediately.
  16. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the content contained herein without our prior, express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without prior, express written permission of District. THE SITE IS PROVIDED ON AS "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  17. The Online Auction Site Use Agreement shall be governed, interpreted by, and construed in accordance with the laws of the State of Texas, without regard to principles of conflict of laws, and venue shall reside in Chambers County, Texas. If any provision of the Online Auction Site Use Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. District's failure to act with respect to a breach by you or others does not waive the right to act with respect to subsequent or similar breaches. This Online Auction Site Use Agreement sets for the entire understanding and agreement between us with respect to the subject matter hereof.
 
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