This Bidder and Information Use Agreement (the "Agreement") describes the terms and conditions applicable to online auction services provided by Mental Health America of Franklin County ("MHAFC" or "our" or "we").

By registering and/or agreeing to bid, you accept the terms and conditions of this Agreement and the MHAFC User and Privacy Agreement, located at http://www.mhafc.org/UserAgreement.htm. If you have any questions that our Frequently Asked Questions, located at http://www.mhafc.org/auction/index.php?do=public.faq, cannot answer, please contact MHAFC via email at info@mhafc.org.

MHAFC reserves the right to amend this Agreement at any time by posting the amended terms on our website. Amended terms shall be effective once posted on our website.

1. Eligibility for Bidding.
Our online auction services are available only to individuals who can form legally binding contracts under Ohio law. Without limiting the foregoing, our services are not available to persons under the age of eighteen (18). If you do not qualify, please do not use our online auction services. MHAFC may refuse access to our online auction services (such as, but not limited to, listings and bidding) to anyone at any time, at our sole discretion.

2. Paying Bid Prices and Charges.
Registering to participate in the online auction, at the registration page located at https://www.mhafc.org/auction/index.php?do=public.register, is free to all eligible bidders. You are responsible for paying any applicable sales and use taxes for items purchased, and for all hardware, software, service and other costs you incur to bid, buy, or access our servers. The final bid price of auctioned items does not include shipping charges. Shipping charges are the responsibility of the bidder unless otherwise stated in the applicable item description. We may in our sole discretion add, delete, or change some or all of our services at any time.

3. Bidding and Buying.
As a bidder, if you have the highest bid at the end of the auction, at or above the minimum bid, you are obligated to complete the transaction. BIDS ARE FINAL AND NOT RETRACTABLE. Other bidding rules and procedures apply and are located at https://www.mhafc.org/auction/index.php?do=public.help.

4. Use of Your Information.
Your information includes any information you provide to us during the registration or bidding process, or through any email feature (defined herein as "Your Information"). MHAFC will only use Your Information in accordance with our MHAFC Website User and Privacy Agreement and as described in this Agreement.
When you give us your personal information, you are no longer anonymous to us. If you choose to register to participate in the online auction, you will provide contact and identity information, billing information, shipping information and other personal information as indicated on the forms throughout the website. Where possible, we indicate which fields are required and which fields are optional. You always have the option not to provide information.

We may use Your Information and other information we obtain from your current and past activities on the auction website to: (i) provide notifications relating to the online auction services; (ii) inform you about online auctions; (iii) promote our organization and its products and services; (iv) resolve disputes and troubleshoot problems; (v) help promote safe trading; (vi) collect fees owed; (vii) measure interest in our products and services, (viii) customize your experience; (ix) detect and protect us against error, fraud and other criminal activity; and (x) enforce this Agreement and our MHAFC Website User and Privacy Agreement. At times, we may look across multiple users to identify problems or resolve disputes, and in particular we may examine your personal information to identify users using multiple User IDs or aliases. We may compare and review your personal information for errors, omissions and for accuracy. We do not share Your Information with other organizations for commercial purposes.

5. Security of Information.
No data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. We do not ensure or warrant the security of any information you transmit, and you do so at your own risk. You can report network abuse and any risk of security violations to us by emailing info@mhafc.org.

6. Control of Your Password.
If you want to bid on an item, you will have to provide an email address and password. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose. You are responsible for the secrecy of your password and for all actions taken with your password. If your password has been compromised for any reason, you should immediately change it.

7. System Integrity.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of our website or any auction being conducted on our website. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

8. Breach.
We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your registration and any of your current bids if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us. Notwithstanding the foregoing, we do not undertake to verify or authenticate all information provided to us, and we disclaim any obligation to you or to any other person to do so.

9. NO WARRANTY.
WE AND OUR DONORS AND SUPPLIERS (SUCH AS BUT NOT LIMITED TO, UTILITIES, INTERNET SERVICE PROVIDERS, CONSULTANTS, ETC.) PROVIDE THE MHAFC WEBSITE, OUR SERVICES, AND ALL PRODUCTS AND SERVICES OFFERED, BY US AND BY OUR DONORS, THROUGH OUR ONLINE AUCTION WEBSITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. OUR SUPPLIERS, DONORS AND WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE MHAFC WEBSITE, OUR SERVICES, AND ALL SUCH PRODUCTS AND SERVICES OFFERED. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SERVICES, AND OPERATION OF OUR WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.

10. LIMITATIONS OF LIABILITY.
IN NO EVENT SHALL WE OR OUR DONORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSSES, DAMAGES, CLAIMS, EXPENSES OR INJURY, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, CLAIMS, EXPENSES OR INJURY, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME AND WHETHER THE SAME ARE ALLEGED IN TORT (INCLUDING STRICT LIABILITY) OR CONTRACT, AND EVEN IF WE OR OUR DONORS HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE, THAT ACCOMPANY OR RESULT (I) FROM YOUR USE OF THIS WEBSITE; (II) FROM USE OF ANY OF THE SERVICES PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY BUYING OF PRODUCTS OR SERVICES; (III) IN CONNECTION WITH ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE ONLINE AUCTION SERVICES; OR (IV) FROM YOUR USE OF ANY OTHER WEBSITE WHICH IS ACCESSIBLE FROM THIS WEBSITE.
In the event that you have a dispute with one or more auction item donors, you hereby waive and release MHAFC and its directors, officers, agents and employees, from any and all claims, demands, losses, costs, liabilities and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the goods and services provided through the online auction.

11. General Compliance with Laws.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on and purchase of items.

12. No Agency.
You and MHAFC are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

13. Notices.
Except as explicitly stated otherwise, any notices required shall be given by email to info@mhafc.org (in the case of MHAFC) or to the email address you provide to MHAFC during the registration process (in your case), or such other address as each party shall specify. 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 during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. If notice cannot be given by email to MHAFC because the address is invalid or the email is otherwise undeliverable, notice MUST be sent by certified mail to: Mental Health America of Franklin County, 538 E. Town Street, Suite D, Columbus, Ohio 43215.

14. General.
All materials expressly referenced herein (by hypertext link or otherwise) are hereby incorporated herein, and, in the event of an unavoidable conflict between the terms and conditions herein and the terms and conditions in such materials, the terms and conditions herein shall prevail. The validity, terms, performance and enforcement of this Agreement shall be governed and construed by its provisions and in accordance with the laws of the State of Ohio (without regard to conflicts of laws principles) as if this Agreement were negotiated, executed, delivered and performed solely in the State of Ohio. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Columbus, Ohio, for any action, suit or proceeding arising out of or relating to this Agreement and the transactions contemplated hereby. 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.