Terms and Conditions
TERMS AND CONDITIONS for website use
visitors, Customers, clients and
frogs™ product users
"Thank you for visiting and make sure to read this each time you visit."
All of us here at Auction Frogs thank you for visiting the www.auctionfrogs.com website ("Website"). We recognize our visitors may be visiting us for different reasons -- as potential users of our products, as customers under signed agreements, as participants in auctions conducted by our customers using this Website or for other reasons. Regardless of who you are and why you are here, we welcome your visit and ask you to read these Terms and Conditions very carefully. They govern your use of the Website and may affect your legal rights or impose restrictions and requirements upon you as a condition of your use.
If you are a return or regular visitor to the Website, it is also important you read these Terms and Conditions very carefully because we may amend these Terms and Conditions from time to time by posting changes on the Website. This will make sure you will always be aware of the current version of these Terms and Conditions. If you decide to skip these Terms and Conditions now or on any later visit, you need to know that your continued use of the Website, of the Auction Frogs products accessible through this Website and any bids or purchases you may make through this Website as participants in any of our customers' auctions following posted changes constitutes your acceptance of these Terms and Conditions in effect at that time.
By visiting the Website or by using the Website to bid on products or services, to purchase products or services or to make a contribution or pledge, you agree to these Terms and Conditions. If you do not want to agree to these Terms and Conditions, then please do not visit the Website, bid on any products or services items, purchase any of them or make a contribution or pledge through this Website.
- "You're welcome to use the Website, but remember that it belongs to Auction Frogs."
- We hereby grant you permission to use the Website as set forth in these Terms and Conditions.
- You may not copy or distribute any part of the Website in any medium without our prior written authorization. You may not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes.
- You agree not to use or launch any automated system, including without limitation "robots," "spiders," "offline readers," or similar systems, that accesses the Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser. You agree not to collect or harvest any personally identifiable information, including without limitation user names, from the Website and not to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit for commercial purposes any users of the Website.
- "Using websites involves electronic communications, and that has its goods and bads."
you visit the Website, send e-mails to us, place bids or make purchases
or communicate with our customers using this Website to conduct auctions,
you are communicating with us or our customers electronically, and when
we communicate with you, or our customers use this Website to communicate
with you regarding their auctions, it will be electronically.
Like many things electronic, things can go wrong and there are no guarantees
that communications, bids or purchases will go through right away or,
indeed, go through at all. Nonetheless, by using the Website,
you consent to receive communications from us and our customers electronically
and to accept the risks that those communications may not be received.
We will communicate with you, as a user of this Website, by e-mail
or by posting notices on this site and will allow our customers
conducting auctions to communicate with you, and post notices relevant
to their auctions, through this Website. You agree that all agreements,
notices, disclosures, and other communications that we provide to you
electronically or post on the Website, or our customers use in similar
fashion, even if you fail to check the Website, satisfy any legal requirement
that communications or postings be in writing.
- We reserve the right to deny any application to create a User Account for any reason and also the right to verify your application and information, if we decide in our discretion to do so. Similarly, on behalf of our customers using this Website to conduct auctions, we reserve the right to deny any User Account established in connection with any of their auctions and/or limit the use of any User Account created for their auctions.
- You are responsible for maintaining the confidentiality of your User Account and for keeping your password secure. You are solely responsible for the activity that occurs on your User Account. It is not Auction Frogs' responsibility to confirm that it is really you using your User Account. If you think or know something is amiss with your User Account, notify us immediately of any actual or suspected breach of security or unauthorized use of your User Account. We'll try and help you get to the bottom of it, but you need to know that neither we nor any of our customers using this Website for their auctions will not be liable for your losses caused by any unauthorized use of your User Account and, actually, you may be liable for our losses and the losses of others, like our customers, due to any unauthorized use of your User Account.
- "If you are using this Website to place a bid in a customer auction or to purchase products or services in a customer auction or from one of the vendors listed on the Website ("Online Products"), your bid or purchase is a contract between you and that person, entity or vendor. This means your bidding and purchase relationship is solely with that person, entity or vendor and not with Auction Frogs. Auction Frogs is not the person, entity or vendor offering that Online Product to you for bid or sale, is the person, entity or vendor that is selling that Online Product to you and is not, with respect to any contributions or pledges, soliciting any contribution or pledge or the intended recipient of any such contribution or pledge."
- By placing any bids or purchasing Online Products on our Website, you agree to be bound by all pricing and billing practices adopted by Auction Frogs via the Website or by organizations or vendors using our OnLine Products, whether or not such pricing and billing practices are included in these Terms and Conditions and even if changed from time to time without prior notice to you. We will make every reasonable effort to post the changes to our pricing and billing practices on the Website. We will also ask our customers and vendors to keep you apprised of their pricing and billing process either through the information they upload to the Website, through links they provide on the Website or otherwise in information they possess or make available to you. If you use the Website, or you order, bid on or purchase Online Products, you are agreeing to any changes we or they may have implemented.
- For any bids, orders or purchases for Online Products, you must recognize that we provide a platform for that bid, sale or order. As a result, we do not, ourselves, offer the Online Product for sale or deliver any Online Product to the purchaser. If you are supposed to pick up the product or service directly from our customer or from a designated donor or vendor, it is your responsibility to make arrangements with the customer conducting the auction or from its designated donor or vendor.
- Nor do we, in any way, investigate, evaluate, validate, verify, confirm or otherwise represent, warrant, guarantee or support any Online Products. All Online Product descriptions, all pictures, all specifications, and other information about the Online Products, or clickthroughs or links to any descriptions, specifications or information, are uploaded to the Website by or on behalf of our customers conducting auctions, as are any conclusions regarding the value of any of those Online Products.
- If you have any disputes, concerns or rights regarding those descriptions, specifications, information or values, we will help you contact the customer that conducted the auction, but it is up to you to work with the customer to resolve any disputes, concerns or rights. Your sole remedy, as it affects Auction Frogs, is to ask us to help you contact the customer conducting the auction.
- We work to impress upon our customers the importance of posting accurate and current information on availability, minimum bid, current bid and bid increments for Online Products offered for bid and purchase. But sometimes we make mistakes, and sometimes our customers, who are often charitable organizations coordinating auctions with unpaid volunteers posting products and services for bid and purchase, make mistakes as well. This means that we cannot guarantee the posted price, availability, minimum bid, current bid and bid increments for any Online Products.
- "We stand behind our products and services. If you are one of our customers and are unsatisfied for any reason, just let us know. If you participate in an online auction and are unsatisfied with the conduct of the auction process, we invite you to contact us, the organization conducting the auction or the vendor. We will work with the organization or vendor to ensure that the right person gets back to you."
- If you are one of our customers and are unhappy with any Auction Frogs products or services for any reason, just let us know. If we do not hear from you within specified time frames, we will be entitled to assume you were happy with your experience. But, if you are not happy with your experience, we offer you two choices and they are described in the next two paragraphs.
- If you are one of our customers, most often an organization that is conducting an auction using our products or services, we want and urge you to contact us with any questions, concerns or problems you might have at any time in the process. If the questions or concerns come up during the conduct of the auction, from beginning to the closing time of the auction, and we are unable to get you the answers you need or satisfy your concerns or solve your problems, we will work to take down your auction from the Website and we will not charge you any amounts for the assistance provided to you through the auction process. Taking down your auction and providing notice to visitors that you have stopped the online auction will be our sole responsibilities regarding your questions, concerns or problems, even it they are caused by our products or services.
- If you are one of our customers and the questions, concerns or problems arise after the end of the auction, or we are told about them after the end of the auction, we will still work with you to resolve your questions, concerns or problems. Unless, however, those questions, concerns or problems involve funds paid by participants in your auction that were paid to an Auction Frogs' account, in which case we will work to ensure the prompt payment of those funds to you, our sole responsibility will be to work with you to document the process through which the purchase transpired. We will still be entitled to payment of the agreed-upon fee for our products and services if your auction is concluded as that is our demonstrated final deliverable, other than payment of funds and documentation of auction.
- If you are a participant in an auction conducted through the Website or a purchaser of Online Products from any vendor listed on the Website, your relationship is with the organization that sponsors the auction or that vendor. However, we still want to make sure your experience goes well. So, if you are dissatisfied for any reason with the technical ways in which the auction process was conducted, please make sure and call us. If it stems from the descriptions of the products, the failure to get a receipt for a donation or anything else associated with the auction, organization or the Online Product, you should instead contact the organization or vendor itself. There should be a contact number and email at the bottom of the organization's auction page or the vendor's website.
- "We want to hear from you but we don't want to get into any disputes with you. So be honest but play nice. And if we do hear from you, or you are one of our customers that conducts an auction using our products or services, we can use what you say, suggest or recommend, and can identify you as one of our customers, without any obligation to pay you for your statements, suggestions or recommendations."
- We hope that our users post reviews, comments, and photos; send e-mails and other communications electronically; and submit suggestions, ideas, comments, questions, or other content, but not if the content is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious or objectionable to third parties, and only if such content does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." Also, you may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any posted or submitted content. We reserve the right to remove or edit such content, but do not regularly review posted or submitted content.
- If you do post or submit content, suggestions or anything else, you will be granting Auction Frogs a royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, including the right to use the name that you submit in connection with such content, if we choose, and you will be representing and warranting that you own or otherwise control all of the rights to the content that you post or submit; that the content is accurate; that use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you post or submit.
- We have the right but not the obligation to monitor and edit or remove any posted or submitted content. We take no responsibility and assume no liability for any content posted or submitted by you or any third party.
- If you are one of our customers, and use our products and services to conduct an auction, we want to be able to tell that to others. By using this website, as a customer using our products and services to conduct an auction, unless you specifically advise us in writing that you do not agree, you are granting Auction Frogs a right to reference you, and to associate you with your logo, on this Website, in communications and in marketing materials, as one of our customers.
- If you bid on, or purchase, any Online Products, Auction Frogs will not disclose your identity to anyone other than the person or entity conducting the applicable auction or the applicable vendor, unless forced to do so by a government authority or judicial order. It is possible that the person or entity conducting the auction, or the vendor selling you the OnLine Product, may utilize information it gathers by virtue of your participation in the auction or purchase of OnLine Products. If you have any questions concerning disclosure of your identity or use of your information, please contact the person, entity or vendor.
- "The Legalese and Limits on Use, Intellectual Property Rights, Disclaimer of Warranties, Limitations on Liability, Indemnity and the like."
- Your right to use our Website, our Content and our Marks is limited.
- We grant you a limited license to access and make personal use of the Website. This license does not permit you to download (other than page caching) or modify the Website or any portion of it without our prior written consent. This license also does not include any resale or commercial use of the Website; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use terminates the license granted by us.
- All content on the Website, including without limitation text, software, metatags, scripts, graphics, photos, sounds, music, videos, interactive features, and similar content ("Content"), and trademarks, service marks, trade dress, and logos ("Marks"), are owned by or licensed to Auction Frogs and protected by United States and international copyright laws. "Content" and "Marks" does not include any items that are posted to the Website as part of the conduct of an auction by one of our customers using our products or services.
- Content is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent.
- You may not use any Marks without our prior written consent. Marks may not be used, in connection with any product or service that is not Auction Frogs', in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Auction Frogs. You may not frame or utilize framing techniques to enclose any Marks without our prior written consent. You may not use any meta tags or any other "hidden text" utilizing Marks without our prior written consent.
- We reserve all rights not expressly granted in and to the Website, Content, and Marks. You agree to not engage in the use, copying, or distribution of any of the Content or Marks other than as expressly permitted by us. If you download or print a copy of the Content or Marks for personal use, you must retain all copyright and other proprietary notices contained therein.
- You agree not to circumvent, disable, or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or Marks or enforce limitations on use of the Website or the Content or Marks.
- You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray us, or our products or services in a false, misleading, derogatory, or otherwise offensive matter.
- EXCEPT FOR RIGHTS EXPRESSLY GRANTED IN THESE TERMS AND CONDITIONS OR BY SEPARATE WRITTEN AGREEMENT TO OUR CUSTOMERS IN CONNECTION WITH THE CONDUCT OF AUCTIONS, YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AUCTION FROGS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
- WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE, THE CONTENT, OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND NEITHER AUCTION FROGS NOR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
- THE LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- YOU SPECIFICALLY ACKNOWLEDGE THAT THE WEBSITE SHALL NOT BE LIABLE FOR CONTENT POSTED OR SUBMITTED BY ANOTHER USER OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- You agree to defend, indemnify, and hold harmless Auction Frogs, its officers, directors, affiliates, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of these Terms and Conditions; (iii) your violation of any third-party right, including without limitation any copyright, patent, trademark, property, or privacy right; or (iv) any claim that any content posted or submitted by you caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Website.
- The Website and the Online Products are made available only to individuals that are at least 18 years of age, emancipated minors, or possess legal parental or guardian consent and that can enter into legally binding contracts under applicable law.
- "We cannot be responsible for third party content, and we expect you to know that is the case."
- To view or access all the features of the Website, your web browser may require additional third-party software, also known as plug-ins, add-ons, extensions, or similar software. We make no warranties that this third-party software will be compatible with your computer and specifically disclaim any liability for direct or consequential damages that arise when you download, install, or use third-party software to access the content or features of the Website.
- We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered, posted or shared, or hyperlinked or featured in any banner or other advertising by a third party through the website, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
- "The rest of the story, as Paul Harvey used to say."
- You agree that: (i) the Website is controlled and offered by Auction Frogs from its facilities in the United States of America and is to be deemed to be based solely in Idaho; and (ii) the Website is to be deemed a passive website that does not seek to purposefully avail itself of the benefits and privileges of doing business in any state other than Idaho and thus does not give rise to personal jurisdiction over Auction Frogs, either specific or general, in jurisdictions other than Idaho. Auction Frogs makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
- These Terms and Conditions shall be governed by the internal substantive laws of the State of Idaho, United States of America, without respect to its conflict of laws principles. Any claim or dispute between you and Auction Frogs that arises in whole or in part from your use of the Website or these Terms and Conditions shall be decided exclusively by a court of competent jurisdiction located in Ada County, Idaho. YOU AGREE THAT ANY CAUSE OF ACTION BETWEEN YOU AND AUCTION FROGS ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION WILL BE PERMANENTLY WAIVED.
- "If you have questions, don't be shy. Contact us."
- If you have any questions regarding the Website or Auction Frogs, please contact us at (208)407-2404 or Auction Frogs LLC, Kristi Saucerman, Boise, Idaho.