1. "GAWS " refers to the Official Gillian Anderson Web Site. "Bidder" refers to any person who submits a Registration Data form as described below and, where applicable, a Donor of an item to the 2003 GAWS Auction (see Rules governing donation of items). "Auction" refers to the 2003 GAWS Online Auction commencing June 1, 2003, and ending June 29, 2003.
2. By participating in the registration process for this Auction, the Bidder indicates his or her agreement to be bound by these Official Auction Rules for the 2003 GAWS Online Auction.
3. All proceeds from the Auction will be donated to Neurofibromatosis, Inc. All winning bids paid by check or money order, as well as donations, shall be made payable to "Neurofibromatosis, Inc." or "NF Inc." Winning Bidders and Donors will receive further instructions for payment by check, money order, or credit card in accordance with paragraph 6e.
4. Bidder agrees to: (1) provide certain current, complete, and accurate information about him/herself as requested. All information requested upon original sign up shall be referred to as registration data ("Registration Data"). Bidder's Registration Data will not be disclosed to third parties, unless GAWS is required to disclose such information by any applicable law or legal process served. If any information provided by Bidder is incomplete or inaccurate, GAWS reserves the right to terminate, without notice, Bidder's access and rights to participate in the Auction.
5. The Auction is available only to individuals who have reached the age of majority in his/her province, territory, jurisdiction or state of residence and who can form legally binding contracts under applicable law. GAWS may, in its sole discretion, refuse the right of any person to participate in the Auction.
6a. Each item is its own separate Auction. Each item will be posted on the Auction board with a written description and, when possible, a picture of the item. The Auction will be held between June 1, 2003 through June 29, 2003 as follows:
Week 1: Begins June 1, 2003 at 12:00 pm (pt) - Ends June 8, 2002, at 12:00
Auction closing times are approximate, and GAWS reserves the right to close an Auction earlier or later than the scheduled time. All times are listed in pacific time.
6b. Bidding on an item is an irrevocable offer to buy the item at the price in the bid, provided the Bidder's offer is the high bid at the close of the Auction. All bids are final and not subject to cancellation once submitted. Winning Bidder is responsible for paying all applicable taxes. Winning Bidder is also responsible for prepayment of the shipping cost of item(s) as described hereinbelow in paragraph 6f.
6c. The highest dollar amount bid at each item's close will be the WINNING BID for that item. All bidding and transactions on the GAWS Auction site are in U.S. dollars. All bids are made in dollar increments and are subject to the minimum bid, if any, as posted for each item. GAWS is not responsible for bids not being processed or not being accepted due to technical difficulties. Bidding as a group is not allowed. Proxy bidding, now called "Automatic Bidding," is allowed. Instructions on how to use the Automatic Bidding system can be found at http://help.yahoo.com/help/us/auct/abid/abid-03.html.
6d. Bid manipulation of any kind is expressly forbidden. Bidder agrees to refrain from "spamming" (sending unsolicited email to other Bidders, Donors, GAWS, or any person affiliated with this Auction) and posting or submitting information containing viruses or any computer programs that result or may result in damage, detrimental interference with, or interception or expropriation of, any system, data or personal information. Bidders are prohibited from communicating with each other for the purpose of manipulating the final purchase price of an item. Bidders agree that all transactions in which they partake do not violate any applicable state, federal and/or international laws. Bidder agrees not to conduct any transaction or other activity that violates any applicable local, provincial, state, federal and/or international laws or regulations. Bidder agrees not to transmit any false, inaccurate, misleading, fraudulent, unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
6e. All winning bids are payable on demand. Winning bids from inside the U.S. may be paid by either credit card, check, or money order (in US Currency ONLY). Winning bids from outside the U.S. may be paid be credit card or money order only. All checks and money orders are to be made payable to "Neurofibromatosis, Inc." or "NF, Inc." Checks and money orders must be for the exact amount of the winning bid for that item, plus prepaid postage per item as set forth hereinbelow in paragraph 6f. In the event a Bidder makes multiple winning bids, then a separate check or money order must be submitted for each winning bid in the exact amount of each respective winning bid, plus postage. Cash is not accepted under any circumstances.
6f. All items will be shipped to the winning Bidder in a timely manner upon payment of the winning bid, plus postage. Postage per item will be at the rate in effect at the time of shipping for 2-3 days U.S. Priority mail or its equivalent for items shipped within the continental United States. Current Priority Mail rates are viewable at http://www.usps.com/consumers/domestic.htm#priority. Shipping fees for packages exceeding 1 pound are dependent on the destination of the package. Therefore, Bidders will be notified of the exact shipping amount due only after winning an item and submitting a shipping address. All overseas items will be shipped via Global Priority Mail. Rate information is available at: http://www.usps.com/global/globalprioritymail.htm. Any winning bidder requiring or requesting special shipping methods and/or additional insurance will be responsible prior to shipping for any and all such additional costs.
6g. GAWS keeps track of all unsuccessful bids. If a problem occurs with a winning bid, GAWS will contact the next-highest bidder to offer the item at the high bid offered by such bidder. If such next-highest Bidder exercises his/her option to accept GAWS' offer he/she must provide notice to GAWS of his/her acceptance ("Notice of Acceptance") within 48 hours of receiving the offer from GAWS. Losing bidders are under no obligation to purchase the item at any price. GAWS may, if the item is not sold in connection with an auction, again offer the item for auction in a subsequent auction.
6h. It is a violation of law to make bids in a false name or with an invalid credit card, even if our software initially accepts such a bid. Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us, which can be used by law enforcement officials to identify you. Fraudulent bidders may be prosecuted to the fullest extent of the law. Currently, both the FTC and the US Secret Service are responsible for investigating all Internet fraud cases.
7. Only the amounts in excess of their fair market value will qualify as a charitable contribution. For items where a market value (or less) is paid, no charitable contribution or deduction will be permitted. For an estimate of the fair market value of the item, you should consult with your accountant. Neurofibromatosis, Inc. is a 501 (c)(3) charitable organization.
8. GAWS reserves the right to modify or discontinue the Auction with or without notice to Bidders.
9. Bidder acknowledges and agrees that GAWS is not responsible for any damages to items during transit, nor for misrepresentations by either a Bidder and/or Donor. GAWS does not assume responsibility for the content of any listing.
10. GAWS may, at its sole discretion, default a Bidder should that Bidder's conduct fail to conform to these Official Auction Rules. To report a violation of the GAWS Auction Rules, please email The Official Gillian Anderson Website. GAWS retains the right, at GAWS' sole discretion, to determine whether or not Bidder's conduct is consistent with the letter and spirit of these Official Auction Rules and to terminate a Bidder's Biddership if conduct is found to be inconsistent with these Official Auction Rules. Without limiting the generality of the foregoing, GAWS may exercise this right to refuse access to any Bidder who has made a WINNING BID but did not purchase the item.
11. DISCLAIMER OF WARRANTIES - BIDDER EXPRESSLY AGREES THAT PARTICIPATION IN THE AUCTION IS AT BIDDER'S SOLE RISK. THE AUCTION IS PROVIDED ON AN "AS AVAILABLE" BASIS. GAWS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GAWS MAKES NO WARRANTY THAT THE AUCTION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE NOR DOES GAWS MAKE ANY WARRANTY THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. Some states or jurisdictions do not allow disclaimer of implied warranties or conditions, so the foregoing disclaimer may not apply to Bidder. This warranty gives you specific legal rights and you may also have other legal rights which vary from jurisdiction to jurisdiction.
12. LIMITATION OF LIABILITY - GAWS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR THE USE OR INABILITY TO USE THE AUCTION, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO, OR ALTERATION OF BIDDER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF GAWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING AS A RESULT OF THE NEGLIGENCE OF GAWS.
13. INDEMNIFICATION - BIDDER agrees to indemnify and hold GAWS harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of BIDDER'S participation in the Auction, the violation of these Auction Terms by BIDDER, or the infringement by BIDDER of any intellectual property or other right of any person or entity.
14. BIDDER acknowledges that GAWS does not endorse nor take any responsibility for any of the items, or any description or listing provided for any of the items, other than items accompanied by an official GAWS Certificate of Authenticity.
15. BIDDER acknowledges that GAWS may at any time modify these Official Auction Rules by posting the amended terms on this web site even though changes may affect BIDDER's Biddership.
These Official Auction Rules were last revised on May 1st, 2003.