USER AUCTION AGREEMENT

August 21, 2019

iConnectX in its sole discretion, may ban from further use any user, including any buyer or seller which iConnectX believes to have in any way misrepresented itself or any item, failed to abide by the terms, or conducted any improper auction behavior as determined solely by iConnectX. Any seller who misrepresents their items and any buyer who improperly fails to carry through with a purchase will be banned from any further use and may be subject to additional legal actions.

iConnectX is a Platform that includes marketplace that allows Charities to offer and sell, and users to buy items in a variety of pricing formats and locations. The actual contract for sale is directly between the seller, typically between a Charity and the buyer. iConnectX is not a traditional auctioneer.

Note that the purchase price is the sum of the bid price, buyer’s premium, buyer’s fee, and sales tax, if applicable. In the event that buyer purchases an item requiring pickup and does not pick up the item within the required time, all such items are considered to be abandoned and/or forfeited to the iConnectX, and iConnectX reserves the right to relist and resell any and all items considered to be abandoned or forfeited when an invoice is not paid in full and/or removed completely from auction location within that auction’s specific terms for payment & removal. Invoices must be paid in full. All payments must be in U.S. Funds. We do not accept partial payments.

A buyer’s premium may be added to all transactions over the Platform. The buyer’s premium, if applicable, shall be noted in the fee schedule or on the page of the auction, event, private bridge, or donation, or in a page linked thereto.

The name “iConnectX” and other iConnectX marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of iConnectX in the U.S. and other countries. They may not be used without the express written prior permission of iConnectX.

Auction Policy

In addition to the Terms of Use, you (“Charity” or “Fundraiser Admin”) agree to review and abide by the following restrictions (collectively, the “Auction Agreement”):

Use this Policy before listing your auction item to make sure that we allow it on the Platform, and to determine if we have specific rules and conditions on how you should auction it. A list of prohibited and restricted items is provided below. You also are solely responsible for ensuring that the auction of your item complies with all laws, rules and regulation, whether federal, state or local, and any additional restrictions applicable to payment services offered on the Platform such as credit card association, person to person, or network rules.

Make sure your listings and products follow these guidelines. If they don’t, they may be removed, and you may be subject to a range of other actions, including restrictions of your auction privileges and suspension of your account. It is your responsibility to identify states that you cannot ship the auction goods to and put them in the description to ensure buyers from such prohibited states do not bid, or are clearly notified to not bid.

While many goods won in auctions or transactions may be shipped, if the auction or goods purchased must be picked up and removed, all purchases must be removed from the auction site without damaging any property and within the time announced or posted. All costs, responsibility and risk of such removal shall be borne by buyer and, in every case; buyer will use prudence and care in such removal. If for any reason buyers fail to remove any of buyer purchases within the time specified, iConnectX and the Charity shall have the right, but not the obligation, in its sole discretion, to resell, discard or remove and store said purchase at buyers sole risk and expense (storage costs will be charged – per day – per item – other costs additional), without waiving any rights that iConnectX, the Charity or seller may have against buyer. Storage charges will be the responsibility of the buyer (after removal period.) iConnectX reserves the right to relist/resell any and all items considered to be abandoned or forfeited when an invoice is not paid in full and/or in those instances where it is to be picked up, removed completely from auction location within auction specific terms for payment and removal.

Sqwirrel is not liable for collection or payment of sales tax on auction items.

All items sell AS IS – WHERE IS WITH ALL FAULTS and with no warranty of any type expressed or implied as to the merchantability or fitness for any particular purpose of any goods offered in this sale. All sales are made on an AS IS – WHERE IS WITH ALL FAULTS basis. All buyers are urged to physically inspect the item during the inspection period. No bids can be withdrawn after the auction for any reason. BUYER agrees that these terms as well as all other terms set forth below, can be amended or revised only in writing, signed by iConnectX. BUYER also agrees that any oral representation made by the Charity or Fundraiser Admin shall not modify these “AS IS – WHERE IS WITH ALL FAULTS” terms. BUYER understands that any description given is not guaranteed, and BUYER will rely entirely on their own inspection. All information and descriptions contained in advertising this sale are believed correct, but no responsibility is assumed by iConnectX for any errors or omissions.

Posted closing times and displays of iConnectX’s current time are approximate. iConnectX reserves the right to close early or extend auctions at any time at its discretion. It is strongly recommended that bids be placed early to avoid losing out due to an ill-timed, last minute bid. All times are based on the Time Zone where the auction is located.

iConnectX’s Right to Terminate Purchase. If for any reason iConnectX is unable to complete the sale of any purchase to buyer or provide such purchase free and clear of liens, even if the buyer was given notice that he is the high bidder and purchaser, Buyer agrees that the iConnectX may terminate the purchase/agreement, in which case iConnectX’s only liability shall be the return of any monies actually paid by buyer.

You expressly agree to indemnify and save iConnectX, and its assigns harmless from and against all claims, losses, expenses, damage or liability, (including, but not limited to, attorney’s fees), directly or indirectly caused by or resulting from an act, including the negligent acts or omissions of iConnectX, or anyone acting in his/her behalf in connection with or arising out of auction, except that you shall not be responsible to iConnectX for damages caused by or resulting from iConnectX’s sole negligence.

When buying an item on iConnectX, you agree to the rules and policies for buyers in this Agreement, including:

Our policies are often based on United States federal and state laws, although in some cases, we may also base our policies on input from our members and our own discretion. You acknowledge and agree that the auction laws of Michigan shall apply.

Read and understand our policies before listing items. Follow our guidelines and review our examples so you know beforehand what you can and can’t auction on the Platform. Each auction is subject to iConnectX’s acceptance or rejection of the high bid.

The list of prohibited and restricted items below covers items you can list under certain conditions, and items that we don’t allow at all.

To find out if we have other guidelines that might affect your listing or product, read our rules below for listings and our rules about intellectual property.

Adult only category
Alcohol
Animals—domestic and exotic
Artifacts, grave-related items, and Native American arts and crafts
Catalytic converters and test pipes
Cell phone (wireless) service contracts
Combustible items
Counterfeit currency and stamps
Coupons
Credit cards
Currency, selling
Drugs and drug paraphernalia
Illegal Electronics equipment – examples include cable TV de-scramblers, radar scanners, and traffic signal control devices
Embargoed goods and prohibited countries – examples include items from Cuba
Firearms, weapons, and knives – examples include pepper spray, replicas, and stun guns (see also military items)
Government documents, IDs and licenses
Government, transit, and shipping-related items – examples include airplane operations manuals, subway employee uniforms, and U.S. Postal Service (USPS) mailbags
Hazardous, restricted or regulated materials – examples include batteries, fireworks and refrigerants
Human remains and body parts
Importation of goods into the US – examples include CDs intended only for distribution in a certain country
International trading
Items encouraging illegal activity – examples include an eBook describing how to create methamphetamine
Lock picking devices
Lottery tickets
Mailing lists and personal information
Medical drugs, devices, and healthcare – examples include prescription drugs, contact lenses, pacemakers, and surgical instruments
Military items (see also firearms, weapons, and knives)
Multi-level marketing, pyramid and matrix programs
Offensive material – examples include ethnically or racially offensive material and Nazi memorabilia
Pesticides
Plants and seeds
Poisonous/hazardous materials
Police-related items
Political memorabilia (reproduction)
Postage meters
Real estate
Recalled items
Slot machines
Stamps
Stocks and other securities
Stolen property
Surveillance equipment – examples include wiretapping devices and telephone bugging devices
Tobacco
Travel
Weapons
Weeds (see plants and seeds)

Reporting policy violations: If you see a listing that violates one of our policies, report it by sending an email to legal@iconnectx.com

If we determine that a listing or product has violated a policy, we will contact the appropriate parties to let them know that we’ve removed the listing or product from the Platform.

iConnectX may provide automatic bidding, which allows you to enter the maximum bid amount that you are willing to bid on an item. The auto bid generally will incrementally bid up competing bids, until you are the high bidder or until your auto bid has been exceed by another user. Notwithstanding the foregoing, auto bid is provided as a convenience to you and iConnectX does not represent or warrant that the auto bid will function as suggested or shown, and you use the auto bid feature at your own risk.

iConnectX User Payment & Subscription Terms and Cancellation & Refund Policies

By checking the box and clicking ‘Make Payment’, you shall be deemed to have accepted the Terms and Conditions of this User Agreement (as amended by iConnectX, from time to time, the “User Terms”).

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