Terms and Conditions

Scope and Introduction

These terms and conditions apply to all bidding at auction sales conducted by Assistance League of Northern Virginia.  By registering to participate in our auctions via Online Bidding, you expressly agree to these terms and conditions.

These Assistance League of Northern Virginia Terms and Conditions are supplemental, meaning that they shall apply in addition to the general Conditions of Sale and other terms and conditions applicable to bidders participating in our auctions (collectively, the “Bid Conditions”) and shall be deemed incorporated by reference and made a part of the Bid Conditions for such Auctions.  Additional information applicable to the Auction  may also be set out in a Catalog, on our web site, in email correspondence, and/or in a notice in the form of a flyer.  It is your responsibility to review that information.  Please be aware that announcements affecting the Auctions may also be made orally via teleconference, video conference, and/or during the Auction without prior notice.  In registering to bid at our Auctions, you agree to the applicable Bid Conditions.

Locality

Assistance League of Northern Virginia is availing this auction on a Digital Platform accessed via the Internet.  A potential bidder must use an internet Browser software tool to interact with our Digital Platform.  We make no warranties of any kind as to fitness, operability, availability and/or consistency of data presented on your browser software.  Generally, a current release of a browser software tool will interact successfully with our Digital Platform.  It is your responsibility to ensure the latest release of browser software is loaded and working on your computing platform.   

Eligibility

Our services are available only to individuals who can enter into legally binding contracts under applicable law.  Without limiting the foregoing, our Auctions are not available to minors.  If you are a minor, you may use our Auctions only in conjunction with your parent or legal guardian.  If you do not qualify, please do not participate in our Auctions.  If you are registering as a business entity, you represent that you have the authority to bind such entity to this agreement.

Registration and Sale

  1. Before you can bid via Online Bidding, you must register to bid online.  The registration page may be accessed by clicking [my account]. 
  2. Once you have registered you should keep your account details strictly confidential and you should not permit any third party to use or access your account on your behalf or otherwise.  You will be liable for any and all bids made via your account.

OnLine Bidding Process

  1. Once you have successfully registered for Online Bidding, you will be eligible to bid online at our Auctions.
  2. During an auction, you can bid on an auction item by clicking the Bid button.  Each bid shall be final and binding as soon as you click the Bid button.
  3. The current bid will be displayed on your screen during the auction.  In the event of a tie between a bid placed by you online and any other identical bid(s), it will be at the discretion of Assistance League of Northern Virginia as to which bid shall be accepted.
  4. You acknowledge that you are bidding in a live auction and you agree that each bid submitted as provided in these terms and conditions is irrevocable and cannot be amended or corrected, even if submitted in error and notified to us.  You accept full liability for all bids submitted via your Online Bidding account, including the liability to pay in full and on time.
  5. Please note that Assistance League of Northern Virginia reserves the right to reject a registration to bid online, withdraw its permission for you to use Online Bidding, or terminate an Online Bidding account, for any reason at any time prior to, during or after a sale.

Privacy

You consent to the collection and use of your personal information for the purpose of creating your registration, participating in one or more auctions, and using the website.  Assistance League of Northern Virginia does not sell nor does it provide your personal information to any third party organization.  The only exception to this is a lawful warranted request by law enforcement.  Please see our privacy policy for more detailed information.

Delivery

Assistance League of Northern Virginia will contact an auction item winner after payment has been made for the item.  Baskets will be delivered locally in the VA, DC and MD area only (no mailing).  Gift cards and certificates will be mailed.  We will coordinate delivery to the registered address provided by the  bidder at time of payment.  Failure of the bidder to provide accurate address or drop-off location information may result in delay or failure in delivery.  

In the event a bidder refuses delivery of the winning item, Assistance League of Northern Virginia may at its sole discretion: (1) refund the bidders payment less transaction processing fees and retain the auction item, (2) accept the bidders payment as a donation and retain the auction item. 

Payment

As a successful bidder in any auction you agree to settle your account with Assistance League of Northern Virginia within three days (72 hours) after notification of your winning status in an auction.  All winners of auction items will be notified via email and by way of a banner displayed on their auction status screen of their winning status.  A link will be provided in the notification email to enable immediate payment.

Assistance League of Northern Virginia has elected to use PAYPAL as the payment processor for electronic payment using Credit/Debit cards or an individual’s PayPal account.  

Failure to settle with Assistance League of Northern Virginia within 3 days (72) hours and/or failure to make alternative payment arrangements may result in forfeiture of your claim to an auction item(s).  The auction item(s) shall then be returned to be auctioned at a later date or not at all at the sole discretion of the Assistance League of Northern Virginia.

User Conduct

A user’s right to use the Website is personal to the user.  You warrant that your use of the Website will be in accordance with all applicable laws and regulations.  You agree:

  1. not to use the website for illegal purposes;
  2. not to interfere or disrupt networks connected to the Website;
  3. to abide by all rules, guidelines, terms and conditions as listed in these user Terms and Conditions and on the website;
  4. and not to transmit through the Website any unlawful, harassing, libelous, threatening, harmful, vulgar, obscene or otherwise objectionable material or communication of any kind or nature whatsoever.

Proprietary Rights

Assistance League of Northern Virginia owns, solely and exclusively, all rights, title and interests in and to the Digital Platform, all the content (including, for example, images, photographs, illustrations, text graphics, logos,  button icons, other visuals, copy, etc.), configured software, data, and materials thereon, the look and feel, design and organization of the Digital Platform, and the compilation of the content, code, data and materials on the Digital Platform, including but not limited to any copyrights, trademark rights, database rights (including the rights of authorship and attribution and subsequent modification), sui generis rights and other intellectual property and proprietary rights (whether registered or unregistered) therein.  Your use of the Digital Platform does not grant to you ownership of any content, software, code, data, or materials you may access on the Digital Platform.

Limitation of Liability

The limitation of Liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.  You specifically acknowledge that Assistance League of Northern Virginia is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that risk of injury from the foregoing rests entirely with you.

Under no circumstances will Assistance League of Northern Virginia or its officers, directors, or agents be liable for any loss or damage caused by your reliance on information obtained through either the content or services, or any loss or damage caused by you being exposed to information contained on the sites.  It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the web site.  Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including opinions or advice regarding the identification, valuation or care of any items contained on this web site.

Neither Assistance League of Northern Virginia, any third-party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to access or use the Web site or Auctions, even if such party has been advised of the possibility of such damages.  

Indemnity

You agree to indemnify, defend, and hold Assistance League of Northern Virginia and its affiliates, and their respective officers, directors, owners, agents, information providers, and licensors (collectively, the “Company Parties”) harmless from and against any and all claims, liability, losses, costs, and expenses (including attorneys’ fees) incurred by any Company Party in connection with any use or alleged use of the Service under your password by any person, whether or not authorized by you.  Assistance League of Northern Virginia reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Assistance League of Northern Virginia’s defense of such claim.

Changes to Terms and Conditions

We may from time to time make changes to these terms and conditions.  Any changes will be posted on our web site.  Please review these terms and conditions to ensure you are aware of any changes made by us.  If you choose to use online bidding after changes have been made and posted, you shall be deemed to have agreed to such changes.  if you do not agree to such changes, you should not make any subsequent use of Online Bidding service.