cMarket Terms of Use

Welcome to cMarket! The following explains the relationship between you and cMarket and applies to your use of cMarket online auction services and software (collectively, the "Software"). Please read these Terms and indicate your acceptance by following the instructions below. If you do not agree to be bound by these Terms, do not access the cMarket Web site (the "Site") or use the Software.

The following describes the terms of our relationship:

1. Your Feedback

cMarket greatly appreciates any feedback or suggestions you have on the Software and the Site. From time to time we may contact you to ask for such feedback or suggestions. If you do provide us with feedback or suggestions, you understand that cMarket may use that information to improve our products and services.

2. Bidding and Payment

If you intend to buy an item offered in a fundraising event, you agree that you are obligated to complete the transaction with the seller (unless the transaction violates the law or these Terms) if: (a) you are the highest bidder for an item at the end of an auction (assuming you meet any minimum bid or reserve requirements for the specific auction), and your bid is accepted by the seller; or (b) you purchase an item that is offered for a fixed-price. Payment will be due immediately upon the completion of the auction for your item. If applicable, you agree to pay any sales or use tax on your purchase, as well as any shipping or delivery charges.

You should be aware that the seller may include sales conditions or other terms in the item's description. You should be sure to read the description carefully, because by bidding on the item you are agreeing to all the terms contained in the description (unless any of the terms violate these Terms or applicable law). Buyers cannot retract their bids. Anyone registering to bid in a cMarket auction must be at least 18 years of age. By registering, you are confirming that you are at least 18 years old.

3. Donations

If you wish to donate an item to a fundraising event, you agree that: (a) cMarket and/or the holder of the event cannot guarantee that the event will include your item in the event or that it will ultimately be sold; (b) cMarket or the holder of the event may, in its discretion, change the description of the item or its assigned value without your approval; and (c) cMarket or the holder of the event reserves the right to reject any item which is obscene, fraudulent, defamatory, in violation of law, or which would otherwise be offensive to other users. If the item does not sell in the event for which it was donated, the item will become the property of the event-holder. You should consult your tax advisor and/or the organization holding the event regarding the tax implications of your donation.

4. Privacy and Keeping Information Confidential

Because the privacy of your personal information is very important to us, cMarket will not disclose to third parties any identifying personal information gathered from you unless (a) we tell you how your information will be used and you give cMarket specific permission to share this information, (b) cMarket is required to disclose such information by any applicable law or legal process (like a subpoena or court order), or (c) as otherwise set forth in the Privacy Policy.

By accepting these Terms, you acknowledge that you have read and understood cMarket's Privacy Statement. cMarket may change its Privacy Policy at any time upon notice to its users.

In addition, we both agree that each party may possess information which it considers to be confidential and is not to be shared with others. For example, cMarket's technology, software and processes fall into this category. We each agree to keep these types of information confidential (as well as any other information that one of us identifies as confidential) and not to use it for any other purpose. There are some exceptions to this: (a) information which was already public when it was disclosed (or is later made public by the owner), (b) information which the recipient receives from someone else who is not under confidentiality obligations, (c) information which was generated independently by the receiving party, or (d) information which is required to be disclosed under a court order.

5. BiddingForGood

When you participate in an auction that has elected to be part of BiddingForGood, you will receive email from BiddingForGood about other auctions. In addition, by joining the BiddingForGood community, you will be invited to participate in user groups and other marketing activities. If at any point you no longer wish to receive this email from us, you may use the unsubscribe link at the bottom of the email.

6. Taxes

If there are taxes, other governmental charges or any other fees associated with your purchase (you should consult your tax adviser on this issue), these will be your responsibility to pay.

7. Requirements

The Software and the Site are available only to users who are 18 years of age or older; if you are under the age of 18, you can use the Software and/or the Site only under the supervision of your parent or guardian. Be sure to check with your advisers regarding any legal requirements that may apply to your event (such as state filing requirements or regulations relating to the purchase of tobacco, firearms and alcohol). You are responsible for complying with all applicable requirements, and as such you agree to reimburse cMarket for any costs or damages which cMarket may incur relating to these requirements or otherwise arising from your noncompliance with these requirements.

8. cMarket's Role

cMarket's role is to facilitate online fundraising events. We are not involved in the actual transaction between sellers and buyers, and, as such, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Therefore, we cannot guarantee that two parties will actually complete a transaction.

9. Links to Other Web Sites

The Site may contain links to third-party Web sites and other resources. cMarket assumes no responsibility for the availability or content of these outside sites and resources. Therefore, any concerns you may have regarding any other site should be directed to the relevant site administrator or webmaster.

10. Security

Please notify cMarket's webmaster at webmaster@cmarket.com promptly in the event of any known or suspected loss, theft or unauthorized disclosure of your log-in, password or any other personal information. Users are responsible for maintaining the confidentiality and security of this information.

11. Termination

Either party may terminate these Terms if the other party violates these Terms in any important way.

12. Right to Use the Site and Software

As long as you comply with these Terms, cMarket gives you the right to use the Site and the Software to bid on items on online auctions. You agree that the Software is valuable to cMarket (and constitutes a proprietary trade secret of cMarket under the law) and that cMarket retains all intellectual property rights to the Software (and to any related materials, information and processes). These are the only rights granted to you. You agree not to modify, copy, disclose, reverse-engineer, decompile, disassemble or create derivative works from the Software or disclose or provide access to the Software to anyone else. You agree not to remove or modify any of cMarket's copyright and other proprietary notices included with the Software.

13. Events Outside of One's Control

Each of us acknowledges that events may happen outside of one's control (such as wars, riots, labor strikes, natural disasters, the infrastructure of the Internet, or any law, regulation or other act or order of a court or government agency), and that neither party should be responsible if it cannot meet its obligations as a result of such an event.

14. Contributing to the Site

One of cMarket's general goals is to foster and improve communication and productivity among those engaged in non-profit fundraising. cMarket hopes users of the Software will actively participate in growing this community by exchanging information, contacts, and ideas with fellow users.

That being said, contributions and comments from users must be consistent with the values and goals of cMarket and must comply with applicable laws. Your users may not contribute or post messages, descriptions or other content that is abusive, defamatory, obscene, fraudulent, in violation of applicable laws, or which would otherwise be offensive to other users. Please note that cMarket cannot prevent users from placing prohibited content on the Site. In addition, cMarket does not monitor every communication posted on the Site. Upon notification of inappropriate material, cMarket reserves the right to remove the content without notice to the contributor.

In addition, please note that the information, advice, facts, opinions and other content appearing on the Site posted, uploaded or distributed by any users or other third parties are those of the respective authors and do not reflect the views of cMarket. cMarket assumes no responsibility or liability for these materials.

By contributing to the Site, users represent that they have all of the necessary rights to use the materials, communications or other information that they have provided to or displayed on the Site. cMarket will have the right to copy, sublicense and re-use these materials in any form, media or technology and in any manner cMarket sees fit.

The Site is protected by copyright as a collective work, pursuant to United States copyright laws. Users may print and download portions of material from the different areas of the Site solely for their own non-commercial use; any other copying or any redistribution or publication of any downloaded material is strictly prohibited without the express written consent of the copyright owner. Except for the foregoing, users may not modify, copy, publish, transmit, sell, create derivative works from, perform, display or in any way exploit any of the content contained on the Site.

15. Changes to these Terms of Use

cMarket reserves the right to change these Terms at any time upon notice to users. Your continued use of the Software following a change notice shall be deemed to be acceptance of any such modification. If you do not agree to any modification of these Terms, you must immediately stop accessing the site and using the Software.

16. Legal Disclaimer

Neither party makes any representations, warranties or guarantees of any kind, either express or implied (including, without limitation, any warranties of merchantability, title or fitness for a particular purpose), in connection with these terms. Neither party will have any liability for any special, indirect, incidental, consequential or punitive damages, regardless of the basis of the claim and even if such party has been advised or is aware of the possibility of such damages. cMarket's aggregate liability for monetary damages of any kind will not exceed the amounts paid by you in connection with the particular dispute. These limitations shall not apply to each party's rights under applicable intellectual property laws.

Because some states do not allow the exclusion of implied warranties or the limitation of liability for consequential or incidental damages, the above exclusions and limitations may not apply to you. In such states, cMarket's liability is limited to the greatest extent permitted by law.

Because we are an intermediary, in the event that you have a dispute with one or more users, you release cMarket (and our officers, directors, employees and agents) from any and all claims, demands and damages of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "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."

17. Other Legal Items

The laws of Massachusetts will apply to these Terms. For disputes involving an amount less than $10,000, the parties agree to resolve the dispute through binding arbitration to be held in Boston, Massachusetts under the rules of the American Arbitration Association. Notices delivered under these Terms must be delivered in writing and will be effective when received. These Terms is the complete statement of our understanding regarding these matters, and no other document or discussion will apply. You agree that these Terms are personal to you and may not be transferred to anyone else without cMarket's prior written consent.

You agree to indemnify and defend cMarket from and against all claims, losses, expenses, damages, liabilities and costs, including reasonable attorneys' fees (collectively, “Losses”), resulting from (a) any violation of these Terms and (b) any activity (including negligent or wrongful conduct) by you in connection with your use of the Software or the Site. cMarket reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder.

As with any technology, you agree not to export the Software to any country for which an export license or other governmental approval is required (including allowing anyone outside of the U.S. to access the Software remotely) without first obtaining such license or approval. The disclaimers and limitations of liability above also benefit cMarket's suppliers and licensors. The relevant terms and conditions above will survive termination of these Terms.