THE FOLLOWING USER AGREEMENT OUTLINES THE TERMS AND CONDITIONS ON WHICH KLRN OFFERS THE GOODS AND SERVICES BEING AUCTIONED. BY USE OF THIS SITE, YOU AGREE TO THE TERMS AND CONDITIONS OUTLINED BELOW.
1. Bidding. By placing a bid on an item, you understand that if your bid is accepted, you are legally responsible for paying for the item and may not retract your bid. Your failure to complete the transaction is a breach of the User Agreement and may be legally actionable by KLRN. Additionally, you understand that bidding on any item on this site will be held in tandem with bidding in the same item live on KLRN television. KLRN will use its best efforts to update the website and the information on the live television bidding to advise all parties of the highest bid on each item. You assume all the risks associated with bidding via the KLRN website. You must provide a valid e-mail address or User ID with your bid.
Once you confirm a bid, you cannot retract it except in exceptional circumstances. Exceptional circumstances are limited to (1) clear typographical errors and (2) KLRN materially changing the description of the item after your bid. Exceptional circumstances do not include the User bidding on or winning a bid on another (perhaps similar) item, not having the money to pay for an item, or changing your mind.
2. If you are a California resident, you waive California Civil Code § 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
3. You, the User, accept and must comply with all the Auction terms, conditions, and requirements delineated on the KLRN Welcome screen.
4. Eligibility for Participation. Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. You must have the authority to enter into billing arrangements. If you do not qualify, please do not use our services.
5. User is responsible for all charges associated with connecting to the KLRN website. You are responsible for obtaining all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the KLRN website.
6. Taxes. You are responsible for paying all applicable taxes.
7. 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 purchasing items.
8. No Agency. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
9. Breach. KLRN may terminate your membership and any of your current auctions immediately if you breach this agreement or if we are unable to verify or authenticate any information you provide to us.
10. User information. User information includes any information you provide to us or to other users during the registration, bidding or listing process, in any public message area (including the feedback area) or through any e-mail feature (defined herein as "Your Information"). With respect to Your Information:
10.1 You agree to provide KLRN with accurate, complete, and updated information required by the registration to the website, including your legal name, address, telephone number, e-mail address, and applicable payment data (credit card number and expiration date). You agree to notify us within 30 days of any changes in its registration-relevant data. Failure to comply with this provision may result in immediate termination of your eligibility to participate.
10.2 You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. However, we reserve the right to take any action we deem necessary or appropriate in our sole discretion with respect to such information we believe may create liability for us or may cause us to lose (in whole or in part) the services of our Internet Service Providers or other suppliers.
10.3 Solely to enable KLRN to use Your Information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights, but no other rights, you have in Your Information, in any media now known or not currently known, with respect to Your Information. KLRN will not actively submit Your Information to persons or entities outside of the KLRN Organization.
11. Modifications to the User Agreement. KLRN may modify or amend the terms of this User Agreement at any time. KLRN reserves the right to change or add fees or surcharges at any time. Any amendment or modification is effective 30 days after they are initially posted on this site. This Agreement may not otherwise be amended.
12. KLRN may terminate or alter the auction web-site at any time. This includes, but is not limited to, (1) restricting the time of availability, (2) restricting the amount of use permitted, (3) restricting or terminating any User's right to use or bid on the KLRN Auction website, at KLRN's sole discretion, and without prior notice or liability.
13. KLRN is the sole arbiter as to the successful bidders and purchasers, and reserves the right to alter posted quantities, closing times, or to remove from sale or re-offer for sale items that are disputed.
14. All goods or services sold through this KLRN Website are strictly NON-RETURNABLE unless otherwise explicitly stated in the individual item descriptions.
15. NEITHER KLRN, ITS EMPLOYEES, ITS AFFILIATES, AGENTS, THIRD PARTY INFORMATION PROVIDERS, MERCHANTS OR THE LIKE, WARRANT THAT THE KLRN WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE KLRN WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE KLRN WEBSITE.
15.1 Further, content of third-party donor merchant websites is neither published nor reviewed by KLRN or its employees. Endorsement of these external sites is not expressed by, nor should it be inferred from the presence of hyperlinks provided from the blazinggavels.com or klrn.org domains. You, the user, accept that said links are provided herein solely for user convenience and are followed at your own risk. User is responsible for reporting any objectionable content and originating website to KLRN, who shall review the material in question and remove the corresponding link from blazinggavels.com if necessary. In the event of discrepancy between product information provided on this site and third-party sites, that published at blazinggavels.com shall prevail.
16. NO WARRANTY AS TO GOODS OR SERVICES PURCHASED. WE AND OUR SUPPLIERS PROVIDE THE GOODS AND SERVICES PURCHASED FROM THE KLRN AUCTION ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, 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 that vary from state to state.
17. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY KLRN, ITS EMPLOYEES, AGENTS, THIRD PARTY INFORMATION PROVIDERS, MERCHANTS, OR THE LIKE, SHALL, CREATE A WARRANTY; NOR SHALL ANY USER RELY ON SUCH INFORMATION OR ADVICE.
18. LIMIT OF LIABILITY. IN NO EVENT SHALL KLRN, OUR SUPPLIERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE KLRN WEBSITE, BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, RELIANCE BY USER ON ANY INFORMATION OBTAINED ON THE KLRN WEBSITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO KLRN'S RECORDS, PROGRAMS OR SERVICES, USER HEREBY ACKNOWLEDGES THAT THIS SECTION SHALL APPLY TO ALL MATERIAL, MERCHANDISE OR SERVICES AVAILABLE THROUGH THE KLRN WEBSITE.
OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES IS LIMITED TO THE GREATER OF THE (A) AMOUNT OF FEES YOU PAY TO US IN 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY AND (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
19. Choice of law and Jurisdiction. This Agreement shall be governed in all respects by the laws of the state of Texas as such laws are applied to agreements entered into and to be performed entirely within Texas between Texas residents. Both parties submit to the jurisdiction of Texas and further agree that any cause of action arising under this Agreement shall be brought exclusively in a court in San Antonio, Texas.
20. Miscellaneous. KLRN does 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 of 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.
21. Disclosures. The services hereunder are offered by KLRN, a nonprofit organization. We are located at 501 Broadway, San Antonio, TX 78215. KLRN's mailing address is P.O. Box 9, San Antonio, TX 78291-0009. During business hours, our phone number is (210) 270-9000.
This document, available on-line for viewing at all times, is the contract between KLRN and you, the User.