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
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.
. 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
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
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.
. We do not sell or rent your personal information to third
parties for their marketing purposes without your explicit consent and we only
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
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
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
. 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
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.
. 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
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
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,
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.
. 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.
. 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
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
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
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
19.4 Your privacy is very important to us. All submitted information and
transactions are processed in a completely secure environment. Please review
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
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.
20.1 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
20.4 Questions? For more information call Community Relations at 757-668-7070.