Terms and Conditions Charity Auction

PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR ANY OTHER WEBSITES OF THE GRANT CARDONE FOUNDATION, ITS AFFILIATES OR AGENTS (“GCF”)(THE “CHARITY”) WITH LINKS TO THIS TERMS OF USE (COLLECTIVELY, THE “WEBSITE”) IN ANY WAY, CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR MERELY BROWSING THE WEBSITE YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH GCF, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE CUSTOMER, CONTRIBUTOR, AND/OR DONOR AND TO BIND THAT COMPANY TO THE TERMS OF USE.  THE TERM “YOU OR GUEST” REFERS TO THE LEGAL ENTITY IDENTIFIED AS THE CUSTOMER, CONTRIBUTOR, AND/OR DONOR WHEN YOU REGISTERED ON THE WEBSITE AND YOU INDIVIDUALLY AND PERSONALLY AGREE TO COMPLY WITH ALL TERMS APPLICABLE TO SUCH ENTITY.

  1. Introduction

These terms and Conditions are applicable to this online auction (“Auction”) as provided by the Grant Cardone Foundation. Use of the Auction constitutes acceptance of these Terms & Conditions. If you do not agree to be bound by these Terms and Conditions, you may not use the Auction. Any person who registers for the Online Auction warrants that he/she is at least 18 years of age and will provide current cell phone number and email address. Once an individual has registered as a Bidder, he/she is subject to the Terms and Conditions as outlined in this document.

  1. Auction

The Auction is operated for the benefit of the Charity for whom the Auction is being run. The Online Auction will take place entirely online during the time specified on the Auction Site.

Payments made through the Auction are complete and final charitable gifts to the Foundation and are not refundable. The Foundation is a tax-exempt public charity described in Section 501(c)(3) of the Internal Revenue Code.

  1. Bidding. A bid is an offer to purchase the Item listed at the stated bid price. Any bidder making a bid agrees that their offer is an irrevocable offer to complete the transaction if they are the winning bidder whereupon the bid will become a contractually binding obligation to purchase the listed item at the bid price.

Bidding will open on all items available in the Online Auction as soon as the Online Auction is open. Bidding on all items will cease when the Online Auction closes. After the Auction closes the Charity will contact the winning bidders by phone or email to inform the bidder that their bid was the highest and that they are, therefore, the winning bidder. If the invoice is not paid within the specified time, the item may be re-auctioned.

The winning bidder on each Item offered for sale in the course of the Auction will be the person who has submitted the highest bid at the notified deadline and providing it is in excess of any stated reserve. The ‘winning bidders’ are the persons certified by the Charity at the end of the Auction to be the highest bidders.  The winning bidder may include any under-bidder who is awarded the Item following the failure of a higher bid for any reason.

  1. Bids are NOT retractable. When a bid is submitted, it is final and may not be retracted as the winning bid shall be immediately processed for payment. Notwithstanding the forgoing, Bidders may submit bids of a higher amount than their previous bid.
  2. Taxes

Applicable taxes will be added to the purchase price of all taxable items. Collection of applicable taxes will be in accordance with the laws of the state where the purchased asset is located.

A tax-deductible receipt will be sent to the buyer by e-mail.

  1. Item Description

All items are sold “as is.” All goods sold are non-exchangeable and non-returnable. While GCF strives to ensure that the description is accurate, complete and up-to-date, it does not guarantee that this is the case, and will not be responsible for any damage or loss caused due to a bidder by reason of a description of an Item being inaccurate, incomplete or for the Item being otherwise in any way different to the bidder’s expectation.

Descriptions of Items are provided without a warranty of any kind. In no event shall GCF (including its employees, affiliates and volunteers) be liable for any claim, demand or damages arising out of or in any way connected with the use by the bidder of the Auction or their purchase and use of an Item.

GCF reserves the right in its absolute discretion to amend or change the Item due to circumstances beyond its reasonable control.

  1. Return/Refunds

ALL WINNING BIDS ARE FINAL AND NO RETURNS OR REFUNDS WILL BE ACCEPTED.  Monies are raised for the Charity and go towards the charity’s purpose.

  1. Applicable law

These Terms and Conditions and any disputes arising out of or related to these Terms and Conditions shall be governed by and construed and enforced in accordance with, the laws of the State of Florida.

  1. Indemnity

You agree to  indemnify, defend and hold harmless GCF, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. GCF reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with GCF in asserting any available defenses.

  1. Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

  1. Limit of Liability

GCF cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Auction Site. Bidder acknowledges that this Online Auction is conducted electronically and relies on hardware and software that may malfunction without warning. The Auctioneer, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any items that were affected by any malfunction. The decision of GCF is final.

  1. Privacy

Your use of www.grantcardonefoundation.com is subject to GCF’s Privacy Policy. Please review our Privacy Policy at https://grantcardonefoundation.com/privacy-policy/ , which also governs the Site and informs users of our data collection practices.

  1. Severability

If any provision of these terms of service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

  1. Changes to Terms

GCF reserves the right, in its sole discretion, to change the Terms under which www.grantcardonefoundation.com is offered. The most current version of the Terms will supersede all previous versions. GCF encourages you to periodically review the Terms to stay informed of our updates.

  1. Entire Agreement

These Terms and Conditions set forth the entire understanding and agreement between Auctioneer and Bidder with respect to the subject matter hereof.

  1. Contact us

GCF welcomes your questions or comments regarding the Terms:

Grant Cardone Foundation
18909 NE 29th Ave
Aventura, Florida 33180

Email Address:
info@grantcardone.com

Telephone number:
(310) 777-0255

Disclosure statement:The sales price per item is approximately $1,000.00 + taxes. Any amount in excess paid over the value per item (including sales tax) will be considered the donation to the Grant Cardone Foundation. The approximate amount contributed over the initial $1,000.00 + taxes will be tax-deductible. Please consult with your tax advisor.

Terms and Conditions