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BidRocket, LLC

Terms of Service

Updated July 18, 2019

Thank you for using BidRocket, LLC ("BidRocket") for your fundraising needs. The following terms and conditions apply to your use of the BidRocket web site, services and software (collectively, the "Services"). By using the Services, you ("you", "user" or "User", collectively, the "Client") accept the terms and conditions of this Agreement. If you do not accept these terms and conditions, you are not authorized to use the BidRocket web site (the "Web Site") or Services. By accepting these terms, you also agree that the Privacy Policy will apply whenever you use the BidRocket website.

BidRocket, LLC reserves the right to edit, change, add or delete information in the terms without notice to the user. All amended terms shall automatically be effective on the date they are posted on the BidRocket web site. A user's continued use of the BidRocket website constitutes an agreement to these updated terms. Please read the following Terms of Service carefully.

1. USE OF SERVICES

The Services are available only to individuals who can form legally binding contracts under applicable law. Additionally, it is our intent that the Services be used only by non-profit entities or by for-profit entities raising money on behalf of and for the exclusive benefit of a non-profit entity. BidRocket reserves the right to refuse our services to anyone at any time, in our sole discretion, if we believe there is an unlawful or unscrupulous use of the Website and our Services.

As long as you remain in compliance with these Terms of Service, BidRocket grants you the right to use the Services as described herein. You agree that the Services constitutes a valuable property and trade secret of BidRocket and that BidRocket retains all intellectual property rights thereto (and to any related materials, information and processes). You agree not to modify, copy, disclose, reverse-engineer, decompile, disassemble or create derivative works from the Services or disclose or provide access to the Services to any unauthorized party. You agree not to remove or modify any of BidRocket's copyright and other proprietary notices included with the Services.

If you violate any of these Terms of Service, your permission to use the Services automatically terminates and you must immediately cease your use of the Services.

2. PAYMENT TERMS

3. SERVICE PERIOD

BidRocket, LLC will endeavor to maintain your event data for a period of two years. During this time, you will be able to access event data and export reports.

4. PASSWORD AND SECURITY

Every user of BidRocket must register on the BidRocket web site, or be registered by an administrator, in order to establish a unique personal login. You are responsible for keeping your login information confidential. We recommend that you not share your login credentials with any other person. You are responsible for all activity occurring through the use of your account with or without your knowledge. If you knowingly share your login information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify BidRocket of any actual or suspected unauthorized use of your account. BidRocket cannot and will not be responsible for any loss to you arising from your failure to comply with the above. You agree to use software produced by third parties, including, but not limited to, "browser" software that supports a data security protocol compatible with the protocol used by BidRocket. Until notified otherwise by BidRocket, you agree to use software that supports the Secure Socket Layer (SSL) protocol or other protocols accepted by BidRocket and follow BidRocket's log-on procedures. You acknowledge that BidRocket is not responsible for notifying you of any upgrades, fixes or enhancements to any such software or for any compromise of data transmitted across computer networks or telecommunications facilities, including, but not limited to, the Internet. You acknowledge that it is possible that electronic communications may be accessed by unauthorized third parties when communicated between you and BidRocket using the Internet, other network communications facilities, telephone or any other electronic means.

5. ACCESS

In order to use the Services, you need the equipment necessary to connect to the World Wide Web, and the Internet connection necessary to access it. You are responsible for any fees associated with such connection or access (such as those charged by an Internet Service Provider (ISP) or other online service). You will also need an appropriate computer, related equipment, and software (your "Computer"). You are responsible for installing, maintaining, and operating your Computer. BidRocket is not responsible for any problems caused by your Computer, including any virus or related problems associated with your use of the Services on your Computer. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Web Site and Services may be interfered with by numerous factors outside of our control.

6. ELECTRONIC MESSAGE DELIVERABILITY

The Services may include features enabling the sending of electronic messages via external networks that are outside of BidRocket's control. Examples include sending email messages via the Internet and sending text messages via short message service cellular networks. BidRocket makes no guarantee as to the deliverability of such messages. You acknowledge that BidRocket is not responsible for the delivery of electronic messages sent through the Bid Rocket service. Such messages may be delayed for an indeterminate period of time or may not be delivered at all.

7. LINKS TO OTHER SITES

The Web Site may contain links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by BidRocket of the contents on such third-party web sites. We are not responsible for the content of linked third-party sites and do not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.

8. SUPPORT POLICY

Technical support is provided exclusively via a web-based tutorial system and through email. We make every effort to respond to all support inquiries as quickly as possible during regular business hours, Monday through Friday, 9:00 AM - 5:00 PM Central Time, excluding holidays. Support is provided only to users with an active BidRocket account. Live phone support is available to clients for an additional cost.

9. LIMIT OF LIABILITY

IN NO EVENT SHALL BidRocket OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES AND THE MATERIALS. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

10. NO WARRANTY

The Materials, including information obtained from independent suppliers not affiliated with BidRocket, is believed to be reliable, but may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, sequence or timeliness of the Materials or about the results obtained from using the Web Site, the Services or the Materials. The use of the Web Site, the Services and the Materials is at your own risk. Changes are periodically made to the Web Site and may be made at any time.

BidRocket, LLC DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BidRocket, LLC IS NOT RESPONSIBLE FOR THOSE COSTS. WE AND OUR SUPPLIERS PROVIDE THE WEB SITE AND THE SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. BidRocket, LLC AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. In such states, BidRocket's liability is limited to the greatest extent permitted by law. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.

11. BIDROCKET'S ROLE

BidRocket's role is to facilitate fundraising events. We are not involved in the actual transaction between sellers and buyers, and, as such, we have no control over the delivery, quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Therefore, we cannot guarantee that two parties will actually complete a transaction.

As an intermediary, we will not and cannot be involved in your organization's dealings. In the event that a dispute arises among one or more users, or between a buyer and a seller, you release BidRocket, LLC (and our officers, directors, employees and agents) from any and all 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. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

For legal reasons, we cannot nor do we try to control the information provided by other users which is made available through our system. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution - and common sense - when using the Web Site.

12. REGISTRATION DATA

Your registration information includes any information you and/or your organization provides during the registration process ("Registration Data"). The Registration Data is subject to our Privacy and Security Policy. In consideration for your use of the BidRocket Web Site, you agree to provide true, accurate, current and complete Registration Data, and to maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

13. USER SUBMISSIONS

Your registration information includes any information you and/or your organization provides during the registration process ("Registration Data"). The Registration Data is subject to our Privacy and Security Policy. In consideration for your use of the BidRocket Web Site, you agree to provide true, accurate, current and complete Registration Data, and to maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

Your registration information includes any information you and/or your organization provides during the registration process ("Registration Data"). The Registration Data is subject to our Privacy and Security Policy. In consideration for your use of the BidRocket Web Site, you agree to provide true, accurate, current and complete Registration Data, and to maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

In order to enable BidRocket to use and display the User Submissions you supply, including any endorsements or testimonials regarding the Web Site and services, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the User Submissions alone or as part of other works in any form, in any media now known or not currently known. We do not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on materials posted by other users on the Web Site will be at your own risk.

14. SYSTEM INTEGRITY

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may neither disclose your password to nor share your password with any third parties or use your password for any unauthorized purpose.

15. BREACH

We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your account, and remove any information you place on the Web Site if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us.

16. GENERAL COMPLIANCE WITH LAWS

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Services.

17. INDEMNITY

You agree to defend, indemnify, and hold harmless BidRocket, LLC, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (a) your use of the Services or Materials (b) your breach of the terms of this Agreement (c) any activity (including negligent or wrongful conduct) by you or any person in your organization (or acting on your organization's behalf) in connection with your use of the Services or Materials.

BidRocket shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

18. NO AGENCY

You and/or your organization and BidRocket are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

19. NOTICES

Except as explicitly stated otherwise, any notices to BidRocket shall be given by email to the support email address provided on the BidRocket web site , support@bidrocket.com, and any notices to you shall be given by email to the email address you provide to BidRocket during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.

20. PRIVACY POLICY

By accepting these Terms, you acknowledge that you have read, understood and accepted BidRocket, LLC' Privacy and Security Policy. BidRocket, LLC may change its Privacy Policy at any time without notice to its users.

21. GENERAL

This Agreement shall be governed in all respects by the laws of the State of Texas, United States of America, without respect to its conflicts of laws principles. You and BidRocket, LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Texas. 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. 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.