Church Extras | Online Auction

ChurchExtras Buyers Agreement
Read and print this Bidders Agreement before accepting or declining. SERVICE CHARGES MAY BE LEVIED IF TERMS RELATED TO DEFAULTS ARE NOT ADHERED TO. So, this agreement should be read VERY CAREFULLY!
All persons making bids and purchases through ChurchExtras.com are subject to the terms and
conditions of this Bidders Agreement (the "Agreement"). This Agreement is made between
ChurchExtras, LLC, a Tennessee limited liability Company ("ChurchExtras") and each bidder. By
using the services of ChurchExtras as a bidder, purchaser, or otherwise, you agree to all of the terms
of this Agreement as set out below:
1. Eligible Bidders. Only persons who may enter into legally binding contracts under applicable
law may use ChurchExtras.com. ChurchExtras reserves right to bar any person from using this
service in its sole and absolute discretion.
2. Fees. ChurchExtras charges no fees for registering as a bidder or for placing bids on items
offered for sale through its service. However, a successful bidder is required to pay a buyer’s
premium of seven percent (7%) to ChurchExtras in order to complete a transaction. A successful
bidder who fails to purchase the item may be charged a service fee up to forty five percent (45%) of
the bid price.
3. Release from Liability; Idemnity. ChurchExtras is not a party to any transaction which is
facilitated through its service. All transactions are considered to be contracts between the bidder
and the seller of the item. By using the services of ChurchExtras.com, the bidder releases
ChurchExtras, its directors, officers, employees, agents, affiliates, successors and assigns from any
and all claims, expenses, damages, actions, causes of action, or suits or liabilities of any kind that may
result from your use of ChurchExtras.com, or any of the services, software or applications associated
therewith. You as the bidder agree to indemnify and hold ChurchExtras, its directors, officers,
employees, agents, affiliates, successors and assigns harmless from and against any and all debts,
liabilities, obligations, claims, suits, judgements, damages, expenses, and demands, made or incurred
by any party arising out of your breach or alleged breach of this Agreement, or your violation or
alleged violation of any applicable law or any rights of a third party.
4. Purpose; No Verification. The ChurchExtras.com website offers the opportunity for churches,
ministries, religious schools, or any other related persons or entities to offer church related items or
surplus or donated goods for sale in an online auction. ChurchExtras, however, is not involved in
the actual transaction between buyers and sellers and has no control over the items listed for sale or
the truth or accuracy of the listing or their descriptions. ChurchExtras cannot ensure that any
transaction will actually be completed, or that the seller is legally able to sell the item listed or that
the buyer will be able to complete the transaction. Although registration is required, ChurchExtras
cannot authenticate the identities of the sellers or buyers.
5. Bidding and Buying. By bidding on an item, you as the bidder, agree to be bound by the
conditions of sale for that item and complete the transaction if you are the high bidder. If you do not
purchase the item you will be assessed a service fee of up to forty five percent (45%) of your
successful bid price. ChurchExtras also reserves the right to bar or prohibit you from using the
services of ChurchExtras.com in the future. ChurchExtras does not arrange or pay for any shipping
or freight in connection with delivery of goods bought or sold on ChurchExtras.com. All shipping
or freight will be as arranged (and paid for) by the buyer and/or seller.
6 Posted Information. You agree that any information you post to the ChurchExtras.com website
or provide to other users is truthful and accurate; shall not be fraudulent or willfully misleading; shall
not infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights
or rights of privacy; shall not violate any law, statute, ordinance, or regulation; shall not be
defamatory, trade libelous, unlawfully threatening or harassing; shall not be obscene or contain
pornography; shall not contain computer viruses, or any similar computer programing routines that
harm, interfere with, intercept or expropriate any system, data or personal information from
ChurchExtras systems or those of its users; shall not create liability for ChurchExtras; and shall not
link directly or indirectly to sites or organizations in direct or indirect competition with ChurchExtras.
7. Access and Interference. Bidders agrees that they will not use any robot, spider, other
automatic device, or manual process to monitor or copy the web pages of ChurchExtras.com or the
content contained therein. Bidders also agree not to use any software or routine which will interfere
with the proper working of the website, and not to take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of ChurchExtras.com.
8. Services Provided "As Is". The ChurchExtras.com website and the services provided therein
are provided on an "as is" basis. No warranty, either express or implied, or any implied warranty of
title, merchantability, or fitness for a particular purpose is given by ChurchExtras.
9. Compliance. As a user of ChurchExtras.com you agree to comply with all applicable laws,
statutes, ordinances and regulations regarding such use.
10. Status. ChurchExtras is an independent contract, and no agency, partnership, join venture,
employee-employer or franchiser-franchisee relationship is intended or created between ChurchExtras
or any user of its services.
11. Arbitration. This Agreement involves substantial interstate commerce. Any controversy or
claim arising out of or relating to this Agreement, the breach thereof, or the services provided by
ChurchExtras, which exceeds $10,000.00., shall, at the sole discretion of ChurchExtras, be settled
by binding arbitration administered by the American Arbitration Association under its Commercial
Arbitration Rules.
12. Miscellaneous.
(A) This Agreement shall be interpreted and construed in accordance with the laws of the
State of Tennessee.
(B) If any provision of this Agreement is held to be invalid or unenforceable, the remaining
provisions of this Agreement shall remain in full force and effect.
( C) Failure to enforce any provision of the Agreement shall not constitute a waiver of any
rights of ChurchExtras hereunder.
(D) This Agreement contains the entire understanding between ChurchExtras and its users.
(E) This Agreement shall be binding upon and inure to the benefit of the parties hereto, and
their respective heirs, successors and assigns.
(F) This Agreement may be amended at any time.
By clicking "I Accept" below, you agree:
1.	you have the legal standing to enter into such Agreements;
2.	that you have read, understand and agree to abide by this Agreement and any documents it incorporates by reference;
3.	you intend to form a legally binding contract; and
4.	a print out of this Agreement and any documents it incorporates by reference will constitute "a writing" under any applicable law or regulation.
I Accept
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