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Terms and Conditions of User Agreement
User Agreement  

THE FOLLOWING DESCRIBES THE TERMS ON WHICH CHARITY FOLKS OFFERS YOU ACCESS TO OUR SERVICES. 
  
Welcome to the user agreement (the "Agreement" or "User Agreement") for Charity Folks INC. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.charityfolks.com (the "Site") and the general principles for the websites of our subsidiaries and affiliates. 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 Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of Charity Folks. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a Charity Folks user. By accepting this User Agreement, you also agree that your use of other Charity Folks websites will be governed by Charity Folk's  User Agreement and Privacy Policy. 
 
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 Charity Folks INC. This Agreement is effective upon acceptance in registration for new registering 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 Charity Folks members. If you are a 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 Charity Folks account and User ID 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 Charity Folks is free. Our Fees and Credits Policy is available and is incorporated into this Agreement by reference. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes. 
  
3 Charity Folks is a Venue. 
 3.1 Charity Folks 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 charities to offer and sell items during their "set auction dates", in a variety of pricing formats, including a fixed price format and an auction-style format commonly referred to as "online auctions" or "auctions." We have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, or the ability of sellers to sell items. 
 
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, Charity Folks 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 Charity Folks (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.
 
3.4 Information Control. We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe bidding practices when using the Site. Please note that there are also risks of dealing with people acting under false pretense. By using this Site, you agree to accept such risks and Charity Folks is not responsible for the acts or omissions of users on the Site. 
  

4 Bidding and Buying. 
 4.1 As a buyer, you are obligated to complete the transaction with the seller: 
(i)if you purchase an item through a fixed price formats; or 
(ii)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 item is listed in a category under the Non-Binding Bid Policy or the transaction is prohibited by law or by this Agreement. 
 
4.2 Condition of Sales.  By bidding on an item 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. Sellers reserve the right to edit or make changes to a lot's Description or Terms. Bids are not retractable except in exceptional circumstances, such as: when the seller materially changes the item's description or terms after you bid or a clear typographical error is made.  
 
4.3 Risk of Loss. When the Seller delivers the lot to the shipper for shipment to the Buyer, title to the lot and risk of loss will pass to the Buyer. If the lot is damaged in transit, the Buyer should contact the shipping agent and process a claim under the applicable insurance policy. A Seller is not obligated to take a lot back under the Conditions of Sale if the lot was damaged in transit (although Sellers are obligated to insure all items during transit and to provide reasonable assistance to help the Buyer resolve damage claims with the insurer.)
 
4.4 Withdrawing Lots.  The Site Provider reserves the right to withdraw any property before the end of the sale period, halt any sale during its progress, and/or remove, screen or edit any materials or content on the Site. The Site Provider may refuse to process a transaction for any reason or refuse service to anyone at any time in its sole discretion. Neither the Site Provider nor any of its affiliates will be liable to any Buyer, Seller or third party by reason of the Site Provider's withdrawal of any property prior to the end of the sale period; halting any auction or sale during its progress; removing, screening or editing any materials or content on the Site; refusing to process a transaction; or unwinding or suspending any transaction after processing has begun. In the event of failure of Buyer to complete a sale for any reason, including the Site Provider's decision to refuse to process the transaction, the Site Provider shall have the right to sell the property to the next highest bidder.  In the event of similar bids, the earliest bidder at that level will be the successful Buyer.  In all cases, Site Provider's determination of the successful Buyer will be final.
 
4.5 Reserve Prices. All lots offered on this Site are offered subject to a reserve, which is the confidential minimum price established by the Seller below which such lot will not be sold. The Seller is not obligated to sell a lot unless the reserve price is met. A lot will be withdrawn from sale if no bid or offer equal to or above the confidential reserve for that lot is received during the sale period. The Site Provider shall have the right to complete any transaction in accordance with these provisions so long as the sale price exceeds the reserve.

4.6 Closing Times.  All closing times are decided by the SELLER using Charity Folks' venue.  Closing times are subject to change and may be changed at any time for any reason by the by the SELLER.  
R.  

   
5 Your Information.  
5.1 Definition. "Your Information" is defined as any information you provide to us or in the registration or bidding process, in any public message area or through any email feature. You are solely responsible for Your Information. 
 
5.2 . 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, antidiscrimination 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; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to other items; (cc) are concurrently listed for sale on a web site other than Charity Folks'; or (dd) you do not have a right to link to or include. Fraudulent conduct is a violation of federal and state laws and may be reported to law enforcement authorities. The Site Provider will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
 
5.3 . License. Solely to enable Charity Folks 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. Charity Folks will only use Your Information in accordance with our Privacy Policy. 
  
6 . Access and Interference.  
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Charity Folks by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Charity Folks and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. 

 7. Integrity. 
 The Site Provider has the right, but not the obligation, to monitor any activity and content associated with the Site. The Site Provider may investigate any reported violations of the Site policies or complaints and take any action that it deems appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials on the Site, including listings and bids). The Site Provider may also investigate, in its sole discretion, the use of any credit card by a user registered to buy on the Site, and take such action as the Site Provider deems appropriate, including without limitation, contacting the individual using such card, canceling bids or an offer to purchase placed by such user, and/or deactivating a Buyer's account. 
  
8.  Breach.  
Without limiting other remedies, we may limit your activity, immediately remove your bids, 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. 
  
9. Privacy.  
(i) The Site Provider is committed to protecting your privacy. Click here for our general Privacy Notice. The Privacy Notice may be changed by the Site Provider in the future. You should check the Privacy and Security Policy frequently for changes. Notwithstanding any provision of the Privacy and Security Policy, however, please note that: 
 (a) the Site Provider may share with its affiliates and other parties any registration information, any information concerning potentially fraudulent activities on the Site, and any other information it may obtain or possess regarding any user of the Site; 
  (b) the Site Provider reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties; and 
 (c) in order to cooperate with governmental requests, to protect the Site Provider's systems and customers and/or to ensure the integrity and operation of the Site Provider's business and systems, the Site Provider may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content. 
 
By registering to sell or buy on the Site, you specifically authorize the Site Provider to transmit registration information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your credit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction) in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions for which you are the successful Buyer. 
 
(iii) Unless otherwise authorized or consented to by the Site Provider, you agree not to use any information regarding other participants that is accessible from the Site or disclosed to you by the Site Provider, except to enter into and complete transactions on and through the Site. Without limiting the generality of the foregoing, you agree not to use any such information for purposes of spamming, harassment, invasion of privacy or otherwise objectionable conduct. 
 
 10. 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. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. 
 
 11. 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). 
 
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO AN AMOUNT NO GREATER THAN $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. 
  
12. 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. 
  
13. Legal Compliance.  
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. 
 
 14. No Agency.  
You and Charity Folks are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.   

15. Notices.  
Except as explicitly stated otherwise, any notices shall be given by postal mail to Charity Folks Attn: Legal Department 17 Battery Place. Suite 728,  NY, NY. 10004 (in the case of Charity Folks) or to the email address you provide to Charity Folks 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 Charity Folks during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.   

16. Resolution of Disputes. 
In the event a dispute arises between you and Charity Folks, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Charity Folks 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. 
 
The contract between the Buyer and the Seller will be completed when the sale period for the lot ends, at which point the person who agreed to pay the listed asking price or submitted the highest valid bid, received and accepted by the Site Provider, will be the Buyer.  THE SITE PROVIDER IS LOCATED IN NEW YORK, NEW YORK; THE CONTRACT OF SALE IS THEREFORE DEEMED TO HAVE BEEN COMPLETED IN NEW YORK, NEW YORK, U.S.A. Buyer and Seller each waive the right to bring a claim in any court located outside New York, New York, or to argue that any such court has jurisdiction over any claim arising under or related to this agreement or any transaction consummated hereunder.  The Site Provider reserves the right to reject any bid or offer to buy at any time. In the event of identical bids or offers, the first bid or offer received by the Site Provider will take precedence. In the event of any dispute between potential Buyers, or in the event of doubt as to the validity of any bid or offer, the Site Provider will have the final discretion to determine the successful Buyer. If any dispute concerning bidding or any offer to purchase arises after the sale, the Site Provider's determination is conclusive. Please note that the Site Provider is not responsible for errors or omissions in connection with the transmission of bids or offers to the Site (including without limitation your receipt of emails regarding the status of a bid, offer, lot or purchase), nor for any on-line or other charges you may incur in connection with participating in a sale. 
  
17.  Additional Terms.  
The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site: Privacy Policy, Outage Policy, Non-Binding Bid Policy, Investigations Policy, and the Non-Paying Bidder Policy .  Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site, except for the Privacy Policy for which we will provide you with thirty days prior notice. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement. 
  
18.  General.  
This Agreement shall be governed in all respects by the laws of the State of New York as such laws are applied to agreements entered into and to be performed entirely within New York between New York 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 Charity Folks in accordance with Section 16 "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, 3.4 (Release), 5.3 (License), 6 (Access and Interference), 11 (Liability Limit), 12 (Indemnity) and 16 (Resolution of Disputes) shall survive any termination or expiration of this Agreement. 
  
19.  Ownership. 
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of the Site Provider, the Seller or other content suppliers and is protected by U.S. and foreign copyright laws and international conventions. As between you and the Site Provider, the compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of the Site Provider and is protected by U.S. and foreign copyright laws and international conventions. All software used on this Site is the property of the Site Provider or its software suppliers and is protected by U.S. and foreign copyright laws and international conventions. The content and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Site is strictly prohibited. 
 
 
20. Disclosures.  
Commercially available 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. Charity Folks is not affiliated with SafetySurf.com. 
 
Disputes between you and Charity Folks regarding our services may be reported to Customer Support by going to http://www.charityfolks.com/contact.asp. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity. 
 
Additionally, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing.
I consent to use of this electronic method of contract acceptance under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN); and I have read and agree to the terms and conditions in Charity Folks' Terms and Conditions of User agreements.
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