KBW Foundation Online Auction!

KBW Foundation Auction Policies

By agreeing to our policies, you'll be helping to keep the KBW Foundation Auction a safe and friendly place to browse, bid, buy and sell.

The following describes the Policies and Terms on which KBW Foundation Auction offers you access to our system and services. By registering on our site, you accept and agree to abide by the Policies and Terms as listed below.

The KBW Foundation Auction Policies may be amended at any time. Amendments, if any, will become effective 30 days after initially posted on our site and may not be otherwise amended except in writing approved and signed by an authority of KBW Foundation Auction

1. Privacy

a. KBW Foundation Auction does not offer User access to any User-provided information considered by us as being confidential user information. This information includes: telephone numbers, credit card or bank account data and any other user-provided information we may include at our sole discretion.

b. All Users are urged to read our complete KBW Foundation Privacy Policy: Privacy Policy

2. User Eligibility

a. Our services are available for use only by individuals able to form legally binding contracts under applicable law. Without limiting the foregoing, minors are not eligible to register for use of our system or its services. If you are not eligible, please do not use KBW Foundation Auction.

3. Designated Use

a. Our site is for use by our Registered Users to bid on items or services for sale in our auction. KBW Foundation Auction is only a service and does not participate in resulting transactions between users. You may not use any device, software, or procedure to interfere or attempt to interfere with any auction or internal management system, affecting the normal operation of the KBW Foundation Auction site.

b. You accept and acknowledge that KBW Foundation Auction prohibits conduct and content that is illegal, offensive, indecent or objectionable. You also understand and agree that KBW Foundation Auction may or may not pre-screen content and shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or move, any content submitted to KBW Foundation Auction.

c. Registering on KBW Foundation Auction, as a Buyer, Verified Buyer, or for one of our many Seller Membership Options, constitutes acceptance of KBW Foundation Auction’s Auction Policies.

4. NO refunds or exchanges will be issued by KBW Foundation. The items available for bidding have been donated by manufacturers and Glass Artists.

5. Free Shipping is being provided by the manufacturer or a KBW Foundation donator in the continent of the United States except Hawaii or Alaska. For Hawaii or Alaska and International orders there will a nominal fee.

· User Responsibilities and Cautions

a. KBW Foundation Auction will not be responsible for, and has no control concerning the availability, quality, safety or legality of the items or services listed or advertised on our site.

b. Because KBW Foundation Auction cannot and will not be involved in User-to-User dealings, in the event of any dispute with one or more users, you release KBW Foundation Auction, our agents and employees from claims, demands and damages (actual and consequential) of every form and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from or in any way connected with such disputes.

c. KBW Foundation Auction is not responsible for any user-submitted content or information appearing on our site. The text, images, graphics or any other information (including User Feedback) posted by other Users, may be offensive, inaccurate, harmful, deceptive, and socially or religiously adverse. We simply ask you to use caution and common sense as a User of our site.

· Bidding and Buying

a. If you bid on an item and your bid is accepted by the Seller, you may be obligated to complete that transaction. If you choose to bid on any item(s), you are certifying that you have the legal right to purchase and receive the item(s).

b. In order to facilitate the completion of a sale KBW Foundation Auction will initiate a Winner of Auction email to buyers that includes the sellers listed address, telephone #, and email.

· Listing and Selling

a. If you wish to donate an item for our auction. We will need text descriptions, suggested retail pricing, pictures and/or graphic images by contacting the KBW Foundation Auction site or one of our Board members, posted on our website http://www.kbwfoundation.com

b. You may not contact bidders in a current auction to interfere with or compete. All User-supplied text, graphics and images posted on our site become the property of KBW Foundation Auction. We do not guarantee the preservation of any listing or records of, including without limiting those of specific transactions.

c. In order to facilitate the completion of a sale KBW Foundation Auction will initiate an End of Auction Item Sold and email the Sellers a list that includes the Buyers listed address, telephone #, and email so they can expedite shipment.

· Given Information

a. Information that is provided by you, to KBW Foundation Auction or our Users, during the course of any communication related to using our site is defined herein as "Your Given Information". With respect to Your Given Information:

b. You are solely responsible for Your Given Information. We reserve our right to take any actions with respect to such information we deem necessary or appropriate in our sole discretion, to protect against any possible loss or liability imposed on KBW Foundation Auction , our Users, our service providers, including any and/or all of our suppliers.

c. Your Given Information and the sale of your item(s) or service(s) at KBW Foundation Auction:

1. Shall not infringe on any third party's copyright, trademark, patent, trade secrets, proprietary rights, rights of publicity or privacy; please read our Copyright Policy

2. Shall not violate any law, statue, ordinance, or regulation (including without limiting those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

3. Shall not be defamatory, trade libelous, unlawfully threatening or harassing;

4. Shall not be obscene or contain pornography, or if regulated by law as some items or services may be, shall be posted in the appropriate category and shall be distributed to only the individuals that are legally permitted to receive such merchandise;

5. Shall not contain any computer related viruses, time bombs, worms, trojan horses, cancelbots or other programming procedures that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;

6. Shall not feature any content or access to, that you do not have the right to link to or include;

7. Shall not, by any of your actions, cause KBW Foundation Auction to violate any applicable laws, statutes, ordinances or regulations.

d. As a User of KBW Foundation Auction , you grant us the right to use appropriate portions of Your Given Information for promotional or other purposes not violating rights you may have in that information, in accordance with the KBW Foundation Auction Privacy Policy.

· Manipulation of Bids

a. Manufacturers or Artists providing items for auction, shall not place bids within their own auctions.

· User Feedback

a. All Users are encouraged to post feedback concerning completed auctions with other Users. Feedback may only be posted by the User(s) involved in a completed auction. One feedback entry is allowed per user, per completed auction.

b. The feedback venue is to be used ONLY to describe quality of service, products, or speed of payment regarding the specific transaction that was consummated between the buyer and seller. KBW FOUNDATION AUCTION reserves the right to delete, suspend, and/or block any user or feedback for any reason deemed inappropriate or damaging to KBW FOUNDATION AUCTION

· No Warranty

a. WE AND OUR SUPPLIERS PROVIDE THE KBW Foundation Auction WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND 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, which vary, from state to state.

· Limit of Liability

a. IN NO EVENT SHALL KBW Foundation Auction OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH OUR POLICIES AND USER AGREEMENT.

b. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS; TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES 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, or (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.

· Compliance with Laws

a. Federal and State Licensing Requirements

b. All Federal & State licensing requirements are the sole responsibility of the individual users/sellers of KBW Foundation Auction .

c. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and sale of items.

· No Agency

a. You and KBW Foundation Auction are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by Our Policies and User Agreement.

· Breach

a. We may terminate your User eligibility and any of your current auctions immediately if you breach these policies or if we are unable to verify or authenticate any information you provide to us.

· General

a. Our Policies and User Agreement shall be governed in all respects by the laws of the State of Oregon as such laws are applied to agreements entered into and to be performed entirely within Oregon, between Oregon residents. Both parties submit to jurisdiction in Oregon and further agree that any cause of action arising under this agreement shall be brought exclusively in a court in Grants Pass, Oregon. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our 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. 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.

· Our Policies and User Registration/Agreement

a. By completing and submitting the KBW Foundation Auction User Registration form, you are verifying your agreement and compliance with all of the policies, terms and conditions as contained herein.

	Kay Bain Weiner is a Nonprofit Educational Foundation for Glass Art All proceeds from this auction go to the KBW Foundation to support it's efforts in promoting Art Glass Education.
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All Auction items include Free shipping within the continental U.S. OR Reduced Costs for other locations! Thank you for bidding on the KBWF auction started on 4/7/10 and closed 7/15/10! The winning bidders will be contacted and on 7/19/10 we will post the winners!.