Terms & Condition

User Agreement Member BFF

This Privacy Notice describes our collection, use, disclosure, retention, and protection of your personal information. It applies to any Bid For Funds site where this Privacy Notice appears in the footer, and to any Bid For Funds application, service, or tool (collectively "Services") where this Privacy Notice is referenced, regardless of how you access or use them, including through mobile devices. By using our Services and/or registering for an account with us, you are accepting the terms of this Privacy Notice and User Agreement , and you are consenting to our collection, use, disclosure, retention, and protection of your personal information as described in this Privacy Notice. You are contracting with Bid For Funds, Inc. a Minnesota company located at: 13990 Granada Ct Apple Valley, MN 55124. Bid for Funds has established global privacy standards. They are our commitment to protect your personal information and honor our privacy obligations regardless of where your personal information is collected, processed or retained within our corporate family. We collect, process, and retain personal information from you and any devices (including mobile devices) you may use when you: use our Services, register for an account with us, provide us information on a web form, update or add information to your account, participate in community discussions, chats, or dispute resolution, or when you otherwise correspond with us regarding our Services. We use the personal information we collect to: provide and improve our Services, provide you with a personalized experience on our sites (especially, by offering you services and items that you may like), contact you about your account and our Services, provide you customer service, provide you with personalized advertising and marketing, and detect, prevent, mitigate, and investigate fraudulent or illegal activities. We retain your personal information as long as it is necessary and relevant for our operations. In addition, we may retain personal information from closed accounts to comply with national and state laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our User Agreement and take other actions permitted or required by applicable laws. We take steps to ensure that the personal information we collect is accurate and up to date, and that you have the ability to access it and make corrections to it.

Disclosure

We may disclose your personal information to other members of the Bid for Funds corporate family or to third parties. This disclosure may be required for us to provide and to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent. We may disclose your information to law enforcement for legal proceedings and authorized by law. We protect your information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls.

Children's Privacy

Our websites are general audience websites, and our Services are not intended for children under the age of 13. We do not knowingly collect personal information from users in this age group. Questions or Complaints If you have a question or a complaint about this Privacy Notice, our global privacy standards, or our information handling practices, you can reach the Global Privacy Office in writing by sending us a letter or postcard to: Bid for Funds Inc,. 13990 Granada Ct Apple Valley, MN 55124.

Using Bid for Funds

Bid For Funds is a for profit company serving the fundraising needs of Non-for Profit companies. All items listed for sale in the auctions are donated items and money raised is distributed to the Non-Profits listed at contracted rates.

We do not guarantee and tax benefits from your purchases on Bid For Funds auctions. We recommend seeking the guidance from a qualified tax professional to determine if any tax benefits apply.

The purpose of the auction tools and services are to raise funds for Non-Profit organizations and to foster good will in the community. ??It is our expectation that all Users will comport themselves with the highest integrity and will show appreciation and honor to the businesses that have donated goods and services for the auctions.

Please remember to tip your service providers on the full value of the services you were to receive or the winning bid amount, whichever is greater.

As the purpose of the site is to raise funds for charity, the winning bid amounts may exceed the actual value of the item.

By using our Services, you are agreeing that you will not:

  • post, list or upload content or items in inappropriate categories or areas on our sites;
  • post, list or upload content for the following restricted items: weapons including guns, knives, explosive devices in whole or part, alcoholic beverages, adult items or services, tobacco products of any kind including but not limited to e-cigarette containers or refills, illegal drugs, medications or other regulated items.
  • breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;
  • use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
  • fail to pay for items purchased by you, unless you have a valid reason as set out in an Bid for Funds policy, for example, the seller has materially changed the item's description after you bid or a clear typographical error is made. An auction bid is a legally binding contract. That means if you bid and win an auction item, you are obligated to pay the winning bid amount. Failure to purchase won auction items may subject your account to closure and legal action being taken against you.
  • manipulate the price of any item or interfere with any other user's listings;
  • use any kind of device or software or tool to manipulate the bidding price or process
  • post false, inaccurate, misleading, defamatory, or libelous content;
  • transfer your Bid for Funds account and user ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm Bid for Funds, or the interests or property of users;
  • use any robot, spider, scraper or other automated means to access our Services for any purpose;
  • reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Bid for Funds, or that comes from the Services and belongs to another Bid for Funds user or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of Bid for Funds and/or any other party holding the right to license such use;
  • harvest or otherwise collect information about users without their consent;
  • or circumvent, disrupt or hijack any technical measures we use to provide the Services.

If we believe you are abusing Bid for Funds in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.

We reserve the right to approve any and all auction items and to remove or reject items where descriptions are inaccurate, unclear or deceptive.

Agreement to Arbitrate (custom policy from adr.org)

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

The place of arbitration shall be Dakota County, MN. The arbitration shall be governed by the laws of the State of Minnesota. Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount.

Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration.

Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.

Notwithstanding any language to the contrary in the contract documents, the parties hereby agree: that the Underlying Award may be appealed pursuant to the AAA's Optional Appellate Arbitration Rules ("Appellate Rules"); that the Underlying Award rendered by the arbitrator(s) shall, at a minimum, be a reasoned award; and that the Underlying Award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of an Underlying Award, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office. Following the appeal process the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof.

For the Non-Profit

This Document describes our collection, use, disclosure, retention, and protection of your personal information. It also documents our User Agreement and Terms and Conditions for Non-Profit Participation. It applies to any Bid For Funds site where this Privacy Notice appears in the footer, and to any Bid For Funds application, service, or tool (collectively "Services") where this Privacy Notice is referenced, regardless of how you access or use them, including through mobile devices.

By using our Services and/or registering for an account with us, you are accepting the terms of this Privacy Notice and User Agreement , and you are consenting to our collection, use, disclosure, retention, and protection of your personal information as described in this Privacy Notice. You are contracting with Bid For Funds, Inc a Minnesota company located at: 13990 Granada Ct, Apple Valley, MN 55124.

Bid for Funds has established global privacy standards. They are our commitment to protect your personal information and honor our privacy obligations regardless of where your personal information is collected, processed or retained within our corporate family.

We collect, process, and retain personal information from you and any devices (including mobile devices) you may use when you: use our Services, register for an account with us, provide us information on a web form, update or add information to your account, participate in community discussions, chats, or dispute resolution, or when you otherwise correspond with us regarding our Services.

We use the personal information we collect to: provide and improve our Services, provide you with a personalized experience on our sites (especially, by offering you services and items that you may like), contact you about your account and our Services, provide you customer service, provide you with personalized advertising and marketing, and detect, prevent, mitigate, and investigate fraudulent or illegal activities.

We retain your personal information as long as it is necessary and relevant for our operations. In addition, we may retain personal information from closed accounts to comply with national and state laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our User Agreement and take other actions permitted or required by applicable laws.

We take steps to ensure that the personal information we collect is accurate and up to date, and that you have the ability to access it and make corrections to it.

Disclosure

We may disclose your personal information to other members of the Bid for Funds corporate family or to third parties. This disclosure may be required for us to provide and to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent. We may disclose your information to law enforcement for legal proceedings and authorized by law.

We protect your information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls.

Children's Privacy

Our websites are general audience websites, and our Services are not intended for children under the age of 13. We do not knowingly collect personal information from users in this age group.

Questions or Complaints

If you have a question or a complaint about this Privacy Notice, our global privacy standards, or our information handling practices, you can reach the Global Privacy Office in writing by sending us a letter or postcard to: Bid for Funds Inc,. 13990 Granada Ct Apple Valley MN, 55124.

Using Bid for Funds

Bid For Funds is a for profit company serving the fundraising needs of Non-for Profit companies. All items listed for sale in the auctions are donated items and money raised is distributed to the Non-Profits listed at contracted rates.

The purpose of the auction tools and services are to raise funds for your Non-Profit organization and to foster good will in the community. It is our expectation that all Users will comport themselves with the highest integrity and will show appreciation and honor to the businesses that have donated goods and services for the auctions.

By using our services you agree that you will contact supporting businesses for donations to your auctions and that you will act with integrity in all of your business dealings.

You agree that there is no guarantee, written or implied, of actual earnings via our auction site. Our representatives will work with you to create an optimum environment for success, however we cannot guarantee results. You agree that you have not received any guarantees from any person associated with Bid for Funds, Inc.

You agree to the fees and charges that will be deducted from your earnings following the auction. Fees and charges are subject to change.

You agree that you will receive payment from Bid for Funds, LLC within 45 days of the end of each auction. Any chargebacks will be deducted from your earnings.

You agree to provide a minimum of 25 items for your auction. The minimum value of an item for auction must be $25.

You agree to promote your auction amongst your list of supporters and the community.

You agree that you will maintain an accurate Non-Profit Profile page in the Bid for Funds back office. You understand that your Non-Profit Profile Page will only show up in the public areas of our website when you a live auction in progress. When the auction is over and you have no other items in live auctions, your Non-Profit Profile page will not be viewable in public areas of the website.

As the purpose of the site is to raise funds for charity, the winning bid amounts may exceed the actual value of the item.

By using our Services, you are agreeing that you will not:

  • solicit, post, list or upload content or items in inappropriate categories or areas on our sites;
  • solicit, post, list or upload content for the following restricted items: weapons including guns, knives, explosive devices in whole or part, alcoholic beverages, adult items or services, tobacco products of any kind including but not limited to e-cigarette containers or refills, illegal drugs, medications or other regulated items.
  • breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;
  • use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
  • fail to pay for items purchased by you, unless you have a valid reason as set out in an Bid for Funds policy, for example, the seller has materially changed the item's description after you bid or a clear typographical error is made. An auction bid is a legally binding contract. That means if you bid and win an auction item, you are obligated to pay the winning bid amount. Failure to purchase won auction items may subject your account to closure and legal action being taken against you.
  • manipulate the price of any item or interfere with any other user's listings;
  • use any kind of device or software or tool to manipulate the bidding price or process
  • post false, inaccurate, misleading, defamatory, or libelous content;
  • transfer your Bid for Funds account and user ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • contact donors outside of the auction for the purpose of manipulating the price, attempting to get similar deals and items outside of the auction, or otherwise harassing or
  • distribute viruses or any other technologies that may harm Bid for Funds, or the interests or property of users;
  • use any robot, spider, scraper or other automated means to access our Services for any purpose;
  • reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Bid for Funds, or that comes from the Services and belongs to another Bid for Funds user or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of Bid for Funds and/or any other party holding the right to license such use;
  • harvest or otherwise collect information about users without their consent;
  • or circumvent, disrupt or hijack any technical measures we use to provide the Services.

If we believe you are abusing Bid for Funds in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.

We reserve the right to approve any and all auction items and to remove or reject items where descriptions are inaccurate, unclear or deceptive.

Agreement to Arbitrate (custom policy from adr.org)

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

The place of arbitration shall be Dakota County, MN. The arbitration shall be governed by the laws of the State of Minnesota. Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount.

Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration.

Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.

Notwithstanding any language to the contrary in the contract documents, the parties hereby agree: that the Underlying Award may be appealed pursuant to the AAA's Optional Appellate Arbitration Rules ("Appellate Rules"); that the Underlying Award rendered by the arbitrator(s) shall, at a minimum, be a reasoned award; and that the Underlying Award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of an Underlying Award, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office. Following the appeal process the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof.

Terms and Conditions Addendum for Special Program- Fundraising for Non-Profit Organizations

The State of Minnesota dictates that two (2) Board members for the non-profit offer their signatures to all agreements related to fundraising. By signing this agreement you affirm that you are legally allowed to enter into this agreement.

User Agreement Donor BFF

This Privacy Notice describes our collection, use, disclosure, retention, and protection of your personal information. It applies to any Bid For Funds site where this Privacy Notice appears in the footer, and to any Bid For Funds application, service, or tool (collectively "Services") where this Privacy Notice is referenced, regardless of how you access or use them, including through mobile devices. By using our Services and/or registering for an account with us, you are accepting the terms of this Privacy Notice and User Agreement , and you are consenting to our collection, use, disclosure, retention, and protection of your personal information as described in this Privacy Notice. You are contracting with Bid For Funds, Inc. a Minnesota company located at: 13990 Granada Ct Apple Valley, MN 55124.

Bid for Funds has established global privacy standards. They are our commitment to protect your personal information and honor our privacy obligations regardless of where your personal information is collected, processed or retained within our corporate family.

We collect, process, and retain personal information from you and any devices (including mobile devices) you may use when you: use our Services, register for an account with us, provide us information on a web form, update or add information to your account, participate in community discussions, chats, or dispute resolution, or when you otherwise correspond with us regarding our Services.

We use the personal information we collect to: provide and improve our Services, provide you with a personalized experience on our sites (especially, by offering you services and items that you may like), contact you about your account and our Services, provide you customer service, provide you with personalized advertising and marketing, and detect, prevent, mitigate, and investigate fraudulent or illegal activities.

We retain your personal information as long as it is necessary and relevant for our operations. In addition, we may retain personal information from closed accounts to comply with national and state laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our User Agreement and take other actions permitted or required by applicable laws.

We take steps to ensure that the personal information we collect is accurate and up to date, and that you have the ability to access it and make corrections to it.

Disclosure

We may disclose your personal information to other members of the Bid for Funds corporate family or to third parties. This disclosure may be required for us to provide and to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent. We may disclose your information to law enforcement for legal proceedings and authorized by law.

We protect your information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls.

Children's Privacy

Our websites are general audience websites, and our Services are not intended for children under the age of 13. We do not knowingly collect personal information from users in this age group.

Questions or Complaints

If you have a question or a complaint about this Privacy Notice, our global privacy standards, or our information handling practices, you can reach the Privacy Office in writing by sending us a letter or postcard to: Bid for Funds Inc,. 13990 Granada Ct Apple Valley, MN 55124.

Using Bid for Funds

Bid For Funds is a for profit company serving the fundraising needs of Non-for Profit companies. All items listed for sale in the auctions are donated items and money raised is distributed to the Non-Profits listed at contracted rates.

We do not guarantee any tax benefits from your donation to the charity(ies) that you support through Bid For Funds auctions. We recommend seeking the guidance from a qualified tax professional to determine any tax benefits that may apply.

The purpose of the auction tools and services are to raise funds for Non-Profit organizations and to foster good will in the community.It is our expectation that all Users will comport themselves with the highest integrity and will show appreciation and honor to the businesses that have donated goods and services for the auctions.

It is our expectation that all Business that offer items for donation act with highest integrity and treat auction winners with professionalism and respect.

As the purpose of the site is to raise funds for charity, the winning bid amounts may exceed the actual value of the item.

By using our Services, you agree that all items offered by your company including but not limited to gift cards, products and/or services are donated to the Non-profit of your choice to be auctioned to raise money for their organization. You agree that all items donated without encumbrance. You agree that you will not charge the Non-profit any kind of fee including but not limited to: a service fee, delivery fee and you further agree that the Non-profit will not be required to enter into any side agreement in order to accept your donation.

By using our Services, you agree that you will provide an accurate description of the item you are donating. You agree that your are responsible for uploading or providing your logos and images of your product to the Non-Profit or to Bid for Funds directly and that failure to upload your marketing items will not result in the delay of the auction. Once the auction is started, you may not have the opportunity to add logos and materials to the auction.

You agree that you will maintain an accurate Business Profile page in the Bid for Funds back office. You understand that your Business Page will only show up in the public areas of our website when you have donated an item to a live auction. When the auction is over and you have no other items in live auctions, your Business Profile page will not be viewable in public areas of the website.

You agree that you will handle all disputes, warrantees and guarantees related to your product(s) or service(s) with the auction winner(s) and you will not refuse typical warranties or guarantees that come with your product(s) or service(s) to auction winners.

By using our Services, you agree that you will fulfill the items you donated to the winner of the auction and will not charge any fees to the winner. You agree to fulfill products (items of physical substance such as books, furniture, products from your store, etc) immediately upon request from the auction winner. Gift cards must be valid immediately upon purchase and not expire. All expirations must clearly identified in the auction description. Gift cards must be valid for the entire face amount and no fees for using the card may be assessed. Services must be fulfilled within 30 days of purchase unless agreed upon by purchaser or described in auction description.

  • By using our Services, you are agreeing that you will not:
  • breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;
  • use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
  • fail to fulfill items purchased by the auction winner, unless you have a valid reason as set out in an Bid for Funds policy, manipulate the price of any item or interfere with any other user's listings;
  • use any kind of device or software or tool to manipulate the bidding price or process
  • post false, inaccurate, misleading, defamatory, or libelous content;
  • transfer your Bid for Funds account and user ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • contact donors outside of the auction for the purpose of manipulating the price, attempting to get similar deals and items outside of the auction, or otherwise harassing or
  • distribute viruses or any other technologies that may harm Bid for Funds, or the interests or property of users;
  • charge any fees or impose any charges to the winners of the auctions of the Non-profit you are serving
  • use any robot, spider, scraper or other automated means to access our Services for any purpose;
  • reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Bid for Funds, or that comes from the Services and belongs to another Bid for Funds user or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of Bid for Funds and/or any other party holding the right to license such use;
  • harvest or otherwise collect information about users without their consent;
  • or circumvent, disrupt or hijack any technical measures we use to provide the Services.

If we believe you are abusing Bid for Funds in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.

We reserve the right to approve any and all auction items and to remove or reject items where descriptions are inaccurate, unclear or deceptive.

Agreement to Arbitrate (custom policy from adr.org)

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

The place of arbitration shall be Dakota County, MN. The arbitration shall be governed by the laws of the State of Minnesota. Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount.

Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration.

Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.

Notwithstanding any language to the contrary in the contract documents, the parties hereby agree: that the Underlying Award may be appealed pursuant to the AAA's Optional Appellate Arbitration Rules ("Appellate Rules"); that the Underlying Award rendered by the arbitrator(s) shall, at a minimum, be a reasoned award; and that the Underlying Award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of an Underlying Award, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office. Following the appeal process the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof.