Terms of Service

This is an evolving document, last updated April 4, 2024.

1. Introduction:

This document outlines the Terms of Service (the “Terms”) for using the web tool (the “SERVICE”) operated by GOODBIDS, INC. (“GOODBIDS”, “we”, “us” or “our”). The SERVICE facilitates auctions organized by various non-profit entities (“NON-PROFITS”) for fundraising purposes, or by other businesses or organizations (“BRANDS”) to raise with respect , where individuals (“USERS”) have access to and can make donations and potentially earn rewards. NON-PROFITS, BRANDS and USERS may be referred to in these Terms as “you” or “your”.

By accessing and using the SERVICE, each NON-PROFIT and each USER accepts and agrees to be bound by these Terms and the GOODBIDS Privacy Policy  (the “Privacy Policy”). If you do not agree to these Terms and the Privacy Policy, you must not access or use the SERVICE.

We may revise and update these Terms and the Privacy Policy from time to time in our sole discretion. We will send an email to all users when a substantial change is made to these terms. All changes are effective immediately when we post them. Your continued access or use of the SERVICE following the posting of revisions to these Terms and the Privacy Policy means that you accept and agree to the changes. You are expected to check this page each time you access the SERVICE so you are aware of any changes, as they are binding on you.

Each bid is a non-refundable donation to the applicable NON-PROFIT. The last (highest) bid placed in each auction purchases the reward being auctioned by the applicable NON-PROFIT or by a BRAND on behalf of the applicable NON-PROFIT. GOODBIDS provides only the SERVICE, which is then used by the NON-PROFIT a BRAND, at its sole discretion, to conduct the auction of the reward. GOODBIDS is an independent contractor of the NON-PROFIT or the BRAND, not an agent thereof or of the USER. The NON-PROFIT and/or the relevant BRAND, not GOODBIDS, is solely responsible for the reward being auctioned and the outcomes thereof.

GOODBIDS does not independently verify data or information provided to it or via the SERVICE by any NON-PROFIT or BRAND.

GOODBIDS does not endorse any NON-PROFIT or BRAND or the statements or mission thereof.

GOODBIDS is not a game of chance. Instead, the reward simply goes to the last and highest bidder. If someone bids just before an auction ends, the auction is extended. 

If two bids arrive at our servers nearly simultaneously, they may both be recorded at the same value. If these are the last bids in an auction, the winner will be determined by reviewing which bid arrived later. Bids are donations, and you bid at your own risk.

All bids go directly to the NON-PROFIT that is the beneficiary of the auction. The NON-PROFITS pay a 10% fee to GOODBIDS to use this service, after the auction is complete.

2. Non-Profit Representations:

Each NON-PROFIT represents, warrants and covenants to GOODBIDS and to each USER as follows:

•  NON-PROFITS confirm they are authorized to raise funds via donations.
• The person using the SERVICE on behalf of the NON-PROFIT is duly authorized to act on their behalf.
• All representations made in the auctions, including, without limitation, the description of the reward, the terms regarding its delivery/receipt by the winning bidder, and any description of the NON-PROFIT itself, its mission or accomplishments, are true and accurate to the best of the NON-PROFIT’s knowledge.
• Any entity listing as a fundraising non-profit on the SERVICE warrants that they are a 501 3(c) registered charity, in good standing with the IRS, and that the representations they make in their listing are accurate.
• The admins running the auction for the NON-PROFIT will not actively participate in bidding on the auction.
• The NON-PROFIT will use its best efforts to deliver the rewards as described via the SERVICE to bidder placing last and highest bid, and in the event of non-delivery the NON-PROFIT will promptly refund the full amount of the final bid (excluding any value attributed to a Free Bid) to the high bidder.

3. Brand Representations:

• From time to time, rewards will be sponsored by a BRAND.
• Each BRAND providing these rewards agrees to be held to the same representations, warranties and covenants as the NON-PROFITS.

4. GOODBIDS Disclaimer:

•  Bid at your own risk
• The software is provided “as is” and GOODBIDS aims for optimal performance but is not liable for any interruptions or issues.
• GOODBIDS is not responsible for lost bids or undelivered items.
• GOODBIDS is not responsible for any harm caused by the reward as delivered.
• Except as expressly stated in these TERMS, disclaims all warranties express or implied.

5. User Agreement:

• All bids are non-refundable donations to the NON-PROFITS, with no refunds except as specified in these Terms. The benefits to the USER of bidding are solely (a) in the philanthropic support of the NON-PROFIT and the opportunity to receive a tax deduction, if eligible under applicable tax law, and (b) the opportunity, subject to these Terms, to receive the reward as the last and highest bidder in an auction being conducted by the NON-PROFIT or by a BRAND in support of a NON-PROFIT. No other benefit or outcome of any kind is promised to the USER.
•  If a NON-PROFIT does not deliver a promised reward to the last and highest bidding USER, the USER’s sole recourse is to the NON-PROFIT or the BRAND operating the auction and the sole claim the USER has is to a refund of the full amount of the final bid (excluding any value attributed to a Free Bid), if the USER promptly requests a refund in writing to the applicable NON-PROFIT or BRAND.
• The user disclaims and forever waives (a) any and all claims against goodbids with respect to reward, whether for non-delivery, late delivery, inaccurate or incorrect description or other faults, damages or losses, and (b) any claims for the value of a reward, as differentiated from the amount bid, or any special, indirect, consequential or punitive damages of any kind.
•  USERs are responsible for all costs of delivery, including travel as applicable, to receive a reward unless the applicable NON-PROFIT or BRAND expressly includes such costs in the reward being auctioned. The USER is responsible for taxes such as sales tax or income tax incurred as a result of winning the auction, if any. Shipping as stated is for US (United States) addresses only. At GOODIDS’ discretion, shipping to other locations may be available at a higher cost.
• Users agree that they are bidding at their own risk, and unless specifically described herein, there are no refunds.
• The USER acknowledges that GOODBIDS is not their agent and is not the agent of any NON-PROFIT or BRAND, and GOODBIDS will not have any obligation to act on behalf of the USER to enforce any rights of the USER or pursue any claim by a USER against a BRAND or a NON-PROFIT.
• Specifically for rewards involving experiences:
  
• Bidder accepts reward at their own risk, and is responsible for any actions taken while participating in the reward or as a result of interactions related to the reward.
• In the sole discretion of the talent or the donor, the prize may not be awarded to the high bidder.
• Reasons for this may include a lack of fit with the high bidder, or failure by the high bidder to honor these terms and conditions. In this case, the prize will be offered to the next highest bidder.
• In cases where the talent is unable to offer the reward described here for logistical or health reasons, best efforts will be made to offer an alternative to the high bidder.
• Bid at your own risk. All donations go directly to the non-profit and there are no refunds.

6. General Restrictions:

• Use of the SERVICE is void where prohibited.
• Users must be over 18 years of age.
• Any user can be barred from using the SERVICE at any time.
• A user who violates these terms of service or any policies of GOODBIDS can be barred from all auctions going forward.

7. Referral and Free Bids:

• Users can receive free bids through a referral link as per the free bids agreement and terms (the “Free Bid Terms”).
• Violation of these terms results in loss of free bids and possibly being barred from the SERVICE. These decisions can be made unilaterally by GOODBIDS at any time.

8. Auction Listings Disclaimer:

• GOODBIDS hosts auctions but makes no warranties or representations regarding their accuracy.

9. Bid Processing and Tax Considerations:

Each bid is directly contributed to the NON-PROFIT, and USERS receive a receipt showing the amount of the bid.

GOODBIDS is not responsible for the tax status of the NON-PROFITS. 

GOODBIDS relies on the NON-PROFIT to accurately describe its tax status.

Tax deductions, if available, are the USER’s responsibility and GOODBIDS makes no promises regarding tax outcomes or liability. GOODBIDS makes no representations and offers no warranty that any bid will result in a tax deduction for any USER.

It is acknowledged that all or a portion of the winning bid in a GOODBIDS auction may be deemed to be a purchase of valuable goods or services, may not be tax deductible, and may result in the obligation to collect, report and remit sales tax. GOODBIDS acts as a merchant facilitator, and may be required to collect and remit sales tax (if any) to states where we have nexus. 

All “bids” are non-refundable donations. The end user is donating directly to the non-profit with each bid. All bidders receive an email confirmation as verification of their donation. Any bidder who needs an official tax receipt for a donation is welcome to contact the non-profit directly. The final bidder may be eligible to deduct their donation to the extent it exceeds the fair market value of the item being auctioned. If the donations do not exceed the fair value, there would be no deduction, but it is still a donation.

If GOODBID’s determines in its sole discretion that it has an obligation or collect and remit sales tax, the amount of such obligation may be applied to reduce the amount of the bid or the amount received by the NON-PROFIT as determined by GOODBIDS.

It is acknowledged that tax laws vary by state and country and each USER, NON-PROFIT and BRAND shall address tax concerns with their own accountant or tax advisor as to their respective tax outcomes.

10. Accessing the SERVICE and Account Information:

We reserve the right to withdraw or amend or update the SERVICE in our sole discretion without notice. We will not be liable if for any reason all or any part of the SERVICE is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the SERVICE.

To access the SERVICE, you may be asked to provide certain registration details or other information. It is a condition of use of the SERVICE that all the information you provide is correct, current and complete.

If you choose, or are provided with, a username, password or similar identifier or security information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the SERVICE using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You are responsible for making all arrangements necessary for you to have access to the SERVICE and ensuring that all persons who access the SERVICE through your internet connection are aware of these Terms and comply with them.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason.

11. Intellectual Property Rights:

The SERVICE and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, graphics, video and audio, and the design, selection and arrangement thereof), are owned by GOODBIDS, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

No right, title or interest in or to the SERVICE or any content contained in the SERVICE is transferred to you, and all rights not expressly granted are reserved by GOODBIDS. Any use of the SERVICE not expressly permitted by these Terms is a breach of these Terms and the Privacy Policy and may violate copyright, trademark and other laws.

The GOODBIDS name, logo and all related names, logos, product and service names, designs and slogans are trademarks of GOODBIDS or its affiliates or licensors. You must not use such marks without the prior written permission of GOODBIDS. All other names, logos, product and service names, designs and slogans contained in the SERVICE are the trademarks of their respective owners. GOODBIDS will not use such marks without the prior written permission of the respective owner.

12. Scope of License, Access & Related Terms

GOODBIDS hereby grants to the NON-PROFIT and/or BRAND conducting an auction a limited, non-exclusive, non-transferable, revocable right, without the right to grant sublicenses, to use the SERVICE for its own business and charitable purposes, subject to these Terms.  All rights not expressly granted herein are reserved by GOODBIDS. USERS are granted access subject to these Terms to the SERVICE for the purpose of placing bids in such auctions.

You shall: (a) use commercially reasonable efforts to prevent unauthorized access to or use of the SERVICE and (b) notify GOODBIDS promptly in writing of any known unauthorized use of, or access to, the SERVICE or any user account or password thereof.

You shall not, directly or indirectly: (a) sublicense, resell, rent, distribute, market, commercialize, or otherwise transfer rights or usage to the SERVICE or any modified version or derivative work of the SERVICE created by or for the Customer; (b) provide or allow access to the SERVICE on a timesharing, service bureau or other similar basis; (c) remove or alter any copyright, trademark, or proprietary notice in the SERVICE; (d) decompile, disassemble, or otherwise reverse engineer the SERVICE or any part thereof or otherwise attempt to discover any source code of the SERVICE; (e) modify the SERVICE in any way; (f) attempt to gain unauthorized access to, or disrupt the integrity or performance of, the SERVICE; or (g) use any intellectual property rights protected by applicable law and contained or accessible through the SERVICE for the purpose of building a competitive product or service or copying its features or user interface.

If you provide suggestions, enhancement or feature requests or other feedback to GOODBIDS with respect to the SERVICE (collectively, “Feedback”), GOODBIDS shall be free to use, disclose, reproduce, license, or otherwise distribute and exploit the Feedback in its discretion, without restriction or obligation of any kind or nature. Feedback shall not create any obligation of confidentiality for GOODBIDS.

You agree not to:

• Use the SERVICE in any manner that could disable, overburden, damage, or impair the SERVICE or interfere with any other party’s use of the SERVICE, including their ability to engage in real time activities through the SERVICE.
• Use any robot, spider or other automatic device, process or means to access the SERVICE for any purpose, including monitoring or copying any of the material on the SERVICE.
• Use any manual process to monitor or copy any of the material on the SERVICE or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the SERVICE.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the SERVICE, the server on which the SERVICE is stored, or any server, computer or database connected to the SERVICE.
• Attack the SERVICE via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the SERVICE.

13. Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on the SERVICE infringe your copyright, you may request removal of those materials (or access to them) from the SERVICE by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the SERVICE, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is: Box42@goodbids.org 

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the SERVICE is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Reliance on Information Posted

The information presented on or through the SERVICE is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the SERVICE, or by anyone who may be informed of any of its contents.

The SERVICE may include content provided by NON-PROFITS, BRANDS, USERS and other parties other than GOODBIDS (each a “third-party” for this purpose). Third-party content is solely the responsibility of the person or entity providing that content or that has approved the content for use or release via the SERVICE. Third-party content and materials do not necessarily reflect the opinion of GOODBIDS. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third-parties.

We may update the content presented via the SERVICE from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the SERVICE may be out of date at any given time, and we are under no obligation to update such material.

14. Links and Social Media Features

You may link to our homepage or to any particular auction landing page presented via the SERVICE, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. You agree to cooperate with us in terminating any unauthorized links or links we deem to be problematic. We reserve the right to withdraw linking permission without notice with respect to any user or link or with respect to all links.

If the SERVICE contains links to other sites, social media features and resources provided by NON-PROFITS, BRANDS and third-parties. These are provided for convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links, if any. We have no control over the contents of those sites, features or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

15. Disclaimer of Warranties:

You understand that GOODBIDS cannot and does not guarantee or warrant that any data or file available from the internet or the SERVICE will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the SERVICE for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the service or any services or items obtained through the service or to your downloading of any material posted on it, or on any website linked to it.

The service is provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the service. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the service, content presented via the service or items obtained through the service will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the service or the server that makes it available are free of viruses or other harmful components or that the service or items obtained through the service will otherwise meet your needs or expectations.

The company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

16. Limitation on liability:

In no event will the company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the service, any websites linked to it, any content on the service or such other websites or any items obtained through the service or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

17. Indemnification:

You agree to defend, indemnify and hold harmless GOODBIDS, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and the Privacy Policy or your use of or access to the SERVICE or your use of any data or information obtained from the SERVICE unless such such claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees are the result of intentional misconduct or gross negligence of GOODBIDS.

18. Disputes, Governing Law and Jurisdiction

All matters relating to the SERVICE, these Terms and the Privacy Policy and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the SERVICE will be settled solely by informal arbitration to be adjudicated by a mutually agreed third party. The determination of that third party will be final and binding and will be enforceable in any court of competent jurisdiction. However, it is acknowledged that monetary damages may be an inadequate remedy for a breach of these Terms by the BRAND or USER. Therefore the parties expressly agree that GOODBIDS will be entitled to seek injunctive relief, including specific performance, in addition to any other remedies available in the event of a breach by the BRAND or USER from any court of competent jurisdiction.

Any cause of action or claim you may have arising out of or relating to these terms of use or the service must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred. You waive your right to trial by jury in any dispute or claim arising from the service or the terms of use and privacy policy.

No waiver of by GOODBIDS of any term or condition set forth in these Terms and the Privacy Policy shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of GOODBIDS to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms or the Privacy Policy is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms and the Privacy Policy will continue in full force and effect.

These Terms, the Free Bid Terms and the Privacy Policy constitute the sole and entire agreement between you and GOODBIDS with respect to the SERVICE and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the SERVICE.