By registering for a 2021 Warner Ave Elementary Online Campaign, you agree to the following:

GENERAL TERMS AND CONDITIONS

PLEASE READ THE FOLLOWING CAREFULLY: BY PARTICIPATING AND/OR BIDDING IN AN ONLINE CAMPAIGN YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS, RULES, AND CONDITIONS: The following general terms and conditions govern any and all transactions in connection with the 2021 Warner Avenue Elementary “Spring Auction”, “Spring Sale”, and “Warner Walk”.  You will need to register your information and credit card before you will be able to make a bid, purchase or donation.

Certain items may be available for purchase online at the “BUY IT NOW” price listed. When the BUY IT NOW price is listed below any item, that item may be purchased immediately without waiting for the online campaign to close and/or the bidding to end. Anyone who purchases an item for the BUY IT NOW price will instantly be deemed the highest bidder and will win that item. Said item will not continue to be available for bidding by others. Please note that unless you BUY IT NOW, bidding on items will continue through the specific campaign closing time.

Winning Bids: The participants with the highest bids at the close of the Campaign become buyers and are obligated to purchase the item(s). If no bids are submitted at or above the reserve price for any given item, the Campaign closes without a buyer for said item. The success of the Campaign depends on the goodwill of the donors and on careful observance by the buyers of terms stated in descriptions and restrictions. BUYERS SHOULD NOT ATTEMPT TO ALTER THE TERMS OF A BID, PURCHASE, AND/OR DONATION. Any such attempts will not be valid nor binding, and may cause the bid to be disregarded and/or voided, at the sole discretion of WAVE and/or the Campaign Committee.

Bidding Increments and Item Descriptions: The Campaign Committee reserves the right to name a minimum bid and designate minimum bid increments for any and all item(s). Concerning omissions, the Campaign Committee believes all descriptions and commentary accompanying the items to be accurate; however, the Campaign Committee makes no warranties nor representations of any kind regarding the descriptions provided of the items, services, values, expiration dates or restrictions. We apologize for any errors or omissions. All items and/or services are subject to the terms and conditions specified by the donors, and all of the terms and conditions as set forth in this Online Campaign Rules, Terms and Conditions. All sales are final. This includes all purchases of items in the Campaign and any other purchases made in connection with the Campaign. There will be no exchanges or refunds of any items purchased at the Campaign nor of any other purchases made in connection with the Campaign.

Bidding Time Period: Registration on the GiveSmart website for Warner Avenue Elementary is required in order to bid on or purchase items. Minimum bids are at a substantial discount of the actual value of the item. Bids will be accepted on each item in a category until the closing time for that category. Bidding on an item must stop when the Campaign official closes the bidding. No bids will be accepted or considered after the closing time for the bidding. The last (highest) valid bid placed prior to the section closing will be the winning bid. All sales are final. The Campaign Committee reserves the right to withdraw and/or modify any item at any time without notice before the actual sale. The Campaign Committee also reserves the right to combine items at any time or lower the minimum bid without notice before the actual sale. In the event of a dispute, the Campaign Committee shall act as final authority in determining the winning bid.

Payment: All items must be paid for by no later than the closing time of the Campaign. For your convenience, we gladly accept MasterCard, Visa and American Express. All payments made by credit card are subject to a 3.5% surcharge. Cash and personal checks may be used as form of payment when advertised as available for a specific Campaign. It is the responsibility of the purchaser to secure, in writing from the Campaign Committee, an affirmation that cash and/or personal check may be used as form of payment for items before the close of the Campaign. Cash and personal checks must be received by the Campaign Committee no later than 3 days after the close of the campaign or item purchase is not guaranteed.

Pick-Up: After payment, you will be issued a receipt with which you can claim your winning merchandise and/or certificates. Redemption of items will take place at designated pick up dates and times at Warner Elementary School after the close of the Campaign. It is the responsibility of the purchaser to pick up his/her winning item(s) during the provided pick up times, unless prior arrangements have been made with the Campaign Committee. No refunds will be given for lost or misplaced items.

Terms of Participation and Sale: By electing to participate in an Online Campaign, and/or by purchasing any item(s) through or in connection with the Campaign, and/or by bidding on any item(s), the buyer waives any claim for liability against Warner Avenue Elementary, Warner Avenue Foundation, WAVE, and each of their respective elected and appointed officials, members, chairs, employees, sponsors, representatives, agents, officers, directors, principals, affiliates, volunteers, anyone affiliated with or connected with the Campaign, and/or any and all donors of any and all items offered at the Campaign.

Limitation of Liability: By participating in the Campaign, and/or by submitting a bid and/or by purchasing any item at the Campaign, you expressly agree to limit any and all liability by any and all entities and persons acting in connection with or on behalf of the Campaign to the total sum of One Hundred Dollars ($100.00), whether the liability is the result of intentional, accidental, negligent, reckless, wrongful, unlawful, and/or otherwise improper and/or inappropriate conduct by any individual and/or entity, irrespective of whether or not said damage was incurred, and notwithstanding any other and/or additional damages which you might incur and/or suffer, including damages for which no remedy at law exists. This limitation of liability clause expressly limits all liability whether by contract, tort, malfeasance, or otherwise. By participating, you expressly agree to waive any and all claims for consequential, special, and general damages.

Warranties: Neither Warner Avenue Foundation (“WAVE”) nor any Campaign Committee members or volunteers have made any expressed or implied warranties or guarantees on any items, including without limitation regarding the quality, value of items or services, the use or safety of goods and services sold, including, without limitation, the implied warranties of merchantability and/or fitness for a particular purpose. Each Bidder and/or buyer voluntarily assumes upon itself, himself, and/or herself, the entire risk of the quality, performance, and/or safety of any and all items involved in and/or offered in connection with the Campaign. WAVE has not tested or inspected the goods and services for their quality and safety, and WAVE makes no representations of any kind with respect to any of the items offered at the Campaign. Some of the activities offered at the Campaign may be considered “high risk.” By bidding and/or purchasing any item at the Campaign, each bidder and buyer represent that they have diligently and independently investigated and researched the item prior to having bid on and/or purchased the item, and further that said bidder and/or buyer did not rely on any representations made by WAVE, including without limitation any representation made in connection with the Campaign by any individual and/or entity acting in connection with, or on behalf of, WAVE and/or the Campaign. By bidding and/or purchasing any item in connection with the Campaign, each and every Bidder and/or purchaser acknowledges and represents that they have each voluntarily and freely considered and accepted onto themselves all risks associated with the item, including without limitation its use, operation, and/or purchase. WAVE shall not be responsible for any injuries or damages that result from the buyer’s use of and/or purchase and/or bid on the items or services or from participation in services or activities purchased. If there is any problem with any item, whatsoever, your purchase will be deemed a donation to WAVE for the benefit of Warner Avenue Elementary. We have attempted to describe and catalog all items correctly, but all items are offered and sold "AS IS" and "WITH ALL FAULTS." Neither WAVE nor any Campaign Committee members or volunteers warrant or represent, and in no event shall be held responsible for, the correctness of descriptions, genuineness, authorship, provenance or condition of the items. No statement made in this catalog and/or in connection with the Campaign and/or the items and/or products and/or services described therein, whether made at the Campaign or elsewhere, orally or in writing, shall be deemed such a warranty for tax purposes or market value. None of the items have been appraised. Reservations for trips and vacation accommodations must be mutually arranged with the donor unless otherwise noted. No refunds will be allowed on travel packages for canceled tickets and/or accommodations, or for any item and/or product and/or service and/or bid purchased at the Campaign. It is your responsibility to abide by all instructions and limitations specified on certificates. Certificates are not exchangeable for cash. Winners must present certificates at the time of redemption, or, in the case of certificates for services, at the time of scheduling such services. Reservations are required for most restaurant establishments. Unless otherwise noted, alcoholic beverages, taxes, and gratuities are generally not included and no credit may be applied towards such items. Gratuities for services by stylists, technicians, trainers and other service providers are generally not included in gift certificates. Please remember to show your appreciation accordingly. Tickets or passes to events, performances, and/or museum tickets/passes that do not specify a date may require advance reservations and be subject to availability.

Final Decisions: These Campaigns are reserved for Warner families and friends only. The Campaign Committee's decision is final in all events and under all circumstances. Thanks for your generous support.

Tax Information: This catalog lists the estimated fair market value of each item. Any amount you pay in excess of the fair market value may qualify as a charitable contribution. However, WAVE and/or the Campaign and/or the Campaign Committee do not make any representations and/or warranties, or provide any advice, in connection with any matters involving taxes and/or accounting. Please check with your tax advisor for specific information.