Terms and Conditions

ONLINE AUCTION TERMS AND CONDITIONS

SBFL deeply appreciates the support of its sponsors, individuals and businesses who have generously donated goods and services to the SBFL online auction web site, the online auction bidders, and all purchasers of the auction items. Your participation in our online auction allows our schools to offer additional programs to help District children succeed.

By using Carmel Creek SBFL's ("CC-SBFL") online auction web site, bidders and purchasers agree to the following:

1. CC-SBFL is not a traditional auctioneer and CC-SBFL does not guarantee the quality or safety of items advertised or accuracy of listings. Accordingly, to the extent legally permitted, CC-SBFL disclaims all warranties and terms & conditions of the items offered for purchase. CC-SBFL is not liable for any loss of money, goodwill, reputation, personal injury or death, or any other direct, indirect, special, actual, or consequential damages.

2. CC-SBFL's online auctions are "with reserve" as defined in Section†2-328 of the Uniform Commercial Code. CC-SBFL reserves the rights to (i)†withdraw an auction item at any time before announcing completion of a sale, and (ii)†accept or reject any and all bids. A sale of an auction item is not completed until CC-SBFL accepts a bid for such item. A bidder may not retract his or her bid after CC-SBFL has accepted such bid. If, after CC-SBFL has accepted a bid, the bidder's credit card is declined for payment for the auction item, CC-SBFL may reject the bid and accept the next highest bid that had been submitted for the auction item before the online auction had closed.

3. Purchaser acknowledges that CC-SBFL is not responsible for any claims of defects, returns, or exchanges with regard to items purchased through its auction web sites. All items purchased are "final sales." If Purchaser has a dispute with or claim against the manufacturer, producer and/or distributor of the items purchased for any reason, Purchaser (and Purchaser's heirs, successors and assigns) releases CC-SBFL (and its directors, officers, employees, agents, subsidiaries, chapters, assignees, licensees, cooperating entities, and volunteers) from all claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such dispute or claim. If Purchaser is a California resident, then Purchaser (and Purchaser's heirs, successors and assigns) waives California Civil Code ߆1542.

4. Bidder and Purchaser will not hold CC-SBFL responsible for other website users' actions or inactions.

5. A bidder must be at least eighteen (18) years of age to purchase an item through the CC-SBFL online auction web sites, have sufficient finances and credit to make such purchases, and agrees to make such purchases in good faith. If a bidder is under the age of eighteen (18), such bidder may use the CC-SBFL online auction web sites only under the supervision and consent of the bidder's parent or guardian, who shall be responsible for payment for the auction items purchased.

6. CC-SBFL may modify this Agreement or any other information contained in its online auction web sites at any time without notice, and it is bidder's responsibility to be apprised of the most current terms and information.

7. The purchase of an auction item on this site is deductible for federal income tax purposes only to the extent that the amount paid for such item exceeds the item's fair market value.

Do not bid unless you agree to all of the terms above. By bidding you are acknowledging agreement with the terms above.


DISCLAIMER OF WARRANTY AND RELEASE

You expressly agree that use of this Web site is at your sole risk. Neither the Auction Co., its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, "Providers"), or the like, warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Site.

The Site may contain errors, omissions, inaccuracies, or outdated information. Further, Provider does not warrant reliability of any statement or other information displayed or distributed through the Site. Provider reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. Provider may make any other changes to this Site at any time without notice.

Provider makes reasonable commercial efforts to make the Site available at all times, however, Provider is not responsible for any service interruptions, including, but not limited to, interruptions that may affect aspects of the sale of equipment.

THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN "AS IS," "WHERE IS," AND "WHERE AVAILABLE" BASIS. PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THIS AGREEMENT.

In the event that you have a dispute with one or more users, you release Provider (and our officers, directors, agents, subsidiaries, employees, and parent companies) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

LIMITATION OF LIABILITIES

YOU AGREE THAT PROVIDER AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR FROM YOUR PURCHASE OR SALE OF GOODS THROUGH THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL PROVIDER OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER PROVIDER OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

PRIVACY NOTICE

This privacy notice discloses the privacy practices for sbfl.org.  This privacy notice applies solely to information collected by this web site.  It will notify you of the following:

1. What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
2. What choices are available to you regarding the use of your data.
3. The security procedures in place to protect the misuse of your information.
4. How you can correct any inaccuracies in the information.

INFORMATION COLLECTION, USE, AND SHARING

We are the sole owners of the information collected on this site.  We only have access to/collect information that you voluntarily give us via email or other direct contact from you.  We will not sell or rent this information to anyone.

We will use your information to respond to you, regarding the reason you contacted us.  We will not share your information with any third party outside of our organization.

In addition, we request information from you on our donation form.  To make a donation, you must provide contact information like name and mailing address and financial information like credit card number and expiration date.  This information is used for billing purposes.  If we have trouble processing a charge, we'll use this information to contact you.

Lastly, this web site contains links to other sites.  Please be aware that we are not responsible for the content or privacy practices of such other sites.  We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information

YOUR ACCESS TO AND CONTROL OVER INFORMATION

You may opt out of any future contacts from us at any time.  You can do the following at any time by contacting us via the email address or phone number given under the "Contact Us" tab.
- See what data we have about you, if any.
- Change/correct any data we have about you.
- Have us delete any data we have about you.
- Express any concern you have about our use of your data.