Terms of Use



THE FOLLOWING DESCRIBES THE TERMS ON WHICH CHKD Online Auction OFFERS YOU ACCESS TO OUR SERVICES.

Welcome to the user agreement (the "Agreement" or "User Agreement") for the Children's Hospital of The King's Daughters Online Transaction Service ("CHKD Online Auction"). This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.chkd.org (the "Site"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services. You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Web Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of CHKD's Online Auction. We strongly recommend that, as you read this User Agreement, please note: underlined words and phrases are links to these pages and websites. We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This Agreement may not be otherwise amended except in a writing signed by you and CHKD Online Auction. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on June 6th, 2004 for all users.

1. Membership Eligibility. Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended CHKD Online Auction members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your CHKD Online Auction account (including feedback) and online profile may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

2. Fees and Services. Joining and bidding on items at CHKD Online Auction is free. We do not charge fees for bidding on items through our Site. We may in our sole discretion change some or all of our services at any time.

3. CHKD Online Auction is a Venue.
3.1 CHKD Online Auction is not an Auctioneer. Although we are commonly referred to as an online auction web site, it is important to realize that we are not a traditional "auctioneer." Instead, the Site acts as a venue to allow anyone to buy just about anything in any pricing format, including an auction-style format commonly referred to as "online auctions" or "auctions." Nothing in this agreement shall modify the governing provisions of the Uniform Com. Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller.

3.2 Identity Verification. We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, CHKD Online Auction cannot and does not confirm each user's purported identity.

3.3 Release. Because we are a venue, in the event that you have a dispute with one or more users, you release CHKD Online Auction (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
4. Bidding and Buying. As a buyer, you are obligated to complete the transaction. If you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the seller, unless the transaction is prohibited by law or by this Agreement, you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful. You will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with the Uniform Com. Code § 2-401(2). Bids are not retractable except in exceptional circumstances, such as: when the seller materially changes the item's description after you bid or a clear typographical error is made.

5. Fraud. Without limiting any other remedies, CHKD Online Auction may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

6. Your Information.
6.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

6.2 Restricted Activities. Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography, (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

6.3 License. Solely to enable CHKD Online Auction to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. CHKD Online Auction will only use Your Information in accordance with our Privacy Policy.
7. Breach. Without limiting other remedies, we may limit your activity, immediately remove your bids or item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

8. Privacy. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. If you object to your Information being transferred or used in this way please do not use our services.

9. No Warranty. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

10. Liability Limit. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

11. Indemnity. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

12. Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service.

13. No Agency. You and CHKD Online Auction are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

14. Notices. Except as explicitly stated otherwise, any notices shall be given by postal mail to CHKD Online Auction Attn: Legal Department, 601 Children's Lane, Norfolk, VA 23507 (in the case of CHKD Online Auction) or to the email address you provide to CHKD Online Auction during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to CHKD Online Auction during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

15. Resolution of Disputes. In the event a dispute arises between you and CHKD Online Auction, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and CHKD Online Auction agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
15.1 Binding Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or CHKD Online Auction may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

15.2 Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Norfolk, Virginia or where the defendant is located (in our case Norfolk, Virginia, and in your case your home address or principal place of business). You and CHKD Online Auction agree to submit to the personal jurisdiction of the courts located within the city of Norfolk, Virginia.

15.3 Alternative Dispute Resolution. Alternatively, CHKD Online Auction will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Norfolk, Virginia or another location mutually agreed upon by the parties.
All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section 15, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.

16. General. This Agreement shall be governed in all respects by the laws of the Commonwealth of Virginia as such laws are applied to agreements entered into and to be performed entirely within Virginia between Virginia residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by CHKD Online Auction in accordance with Section 14 "Notices", in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 3.3 (Release), 6.3 (License), 10 (Liability Limit), 11 (Indemnity) and 15 (Resolution of Disputes) shall survive any termination or expiration of this Agreement.

17. Disclosures. The services hereunder are offered by CHKD Online Auction, located at 601 Children's Lane, Norfolk, VA 23507. If you are a Virginia resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning more about these protections, information is available at http://www.safetysurf.com/ or other analogous sites providing information on such protections. The preceding link is provided for information purposes only, and is not intended as an endorsement of SafetySurf.com's Internet site, services, or policies. CHKD Online Auction is not affiliated with SafetySurf.com.

18. Tax Deductibility of Items. The tax deductibility of an auction item will depend on its final bid. Only those items whose final bid exceeds its fair market value, will have a tax deductible portion. In this instance, Children's Hospital of The King's Daughters will provide you with a receipt documenting this amount.

19. Rules and Regulations.
19.1 The CHKD Online Auction is open for bidding on Sunday, June 6, 2004 at 7 a.m.

19.2 Bidding will conclude online on Tuesday, June 15, 2004 at 3 p.m. for all items.

19.3 All participants are required to register and create an online profile prior to bidding in the auction. The profile must include name, address, phone number, a valid e-mail address and credit card information. User profiles will be purged of all credit card information at the conclusion of the auction. All information is confidential and processed and stored in a completely secure environment.

19.4 Your privacy is very important to us. All submitted information and transactions are processed in a completely secure environment. Please review our Web Privacy Policy for more detailed information.

19.5 The highest bid at the conclusion of the auction wins. The winning bidder's credit card will automatically be charged the amount of the winning bid at the conclusion of the auction. An e-mail notification will be sent confirming your winning bid and providing additional instructions for claiming your item.

19.6 In the event that the winning bidder's credit card is invalid, the next highest bidder will be contacted with an option to purchase the item at the price of their last bid.

19.7 All items must be picked up from the CHKD Community Relations Department (807 Redgate Avenue, Norfolk, VA), (unless the purchaser is otherwise instructed via email), June 16-June 18,2004 between the hours of 9 am-5 pm, unless other acceptable arrangements with the CHKD Community Relations Office are made. If bidder wishes to have item shipped, bidder is responsible for all shipping and insurance costs which will be charged to the buyer's credit card.
20. Instructions.
20.1 Register online to create your online user profile. You will be prompted to create a username and password and provide contact information, including a valid e-mail account and credit card information. All information is confidential and processed and stored in a completely secure environment.

20.2 Review the items available for bid, including the item description. When you are ready to make a bid, fill in the appropriate fields.

20.3 You will be notified by e-mail on June 15, 2004 if you made the winning bid for a particular item. All items must be picked up from the CHKD Community Relations Department (807 Redgate Avenue, Norfolk, VA), (unless the purchaser is otherwise instructed via email), June 16-June 18,2004 between the hours of 9 am-5 pm, unless other acceptable arrangements with the CHKD Community Relations Office are made. If bidder wishes to have item shipped, bidder is responsible for all shipping and insurance costs which will be charged to the buyer's credit card.

20.4 Questions? For more information call Community Relations at 757-668-7070.