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Silent Auction Pro™ Campaign Donor Services Agreement

Thank you for choosing Silent Auction Pro™ as your donation software solution! This Agreement describes the terms and conditions that apply to your use of the Silent Auction Pro web site, software and services (hereinafter referred to as "Giving Campaigns"). This document is legally binding and represents the agreement between you and TahoePeaks (d.b.a. Silent Auction Pro™), please read it carefully. By using The Services, you accept the terms and conditions of this Agreement. If you do not accept these terms and conditions, you are not authorized to use the Silent Auction Pro web site, software or services (The Services).

LIMITED WARRANTY / LIMITED LIABILITY

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SILENT AUCTION PRO™ DOES NOT WARRANT THAT THE WEBSITE WILL FUNCTION WITHOUT ERROR NOR DO WE WARRANT THAT THE WEBSITE DOES NOT CONTAIN VIRUSES OR OTHER HARMFUL ITEMS. SILENT AUCTION PRO TAKES STEPS TO PROTECT USER DATA FROM ACCESS BY UNAUTHORIZED PERSONS BUT CANNOT GUARANTEE THAT PERSONAL INFORMATION STORED SILENT AUCTION PRO CANNOT BE ACCESSED BY PERSONS WITH MALICIOUS INTENT. IN NO EVENT SHALL THE SUPPLIER, AUTHOR, AUTHORS OR HEIRS BE LIABLE FOR ANY DAMAGES, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, BREACH OF PERSONAL DATA, OR LOSS OF PROFITS ARISING OUT OF THE USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW A DISCLAIMER OF AN IMPLIED WARRANTY THE AFOREMENTIONED WARRANTY MAY NOT APPLY TO YOU. IF THIS IS THE CASE, SILENT AUCTION PRO'S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS SERVICES AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, SUPERSEDING ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

DONATIONS

All donations are at your own risk. When you make a donation through this Platform, it is your responsibility to understand how your money will be used by the organization to which you are donating. Silent Auction Pro is not responsible for any offers, promises, rewards or promotions made or offered by organizations utilizing our platform for Giving Campaigns. We do not and cannot verify the information that organization provides, nor do we represent or guarantee that the donations will be used in accordance with any fund raising purpose prescribed by a Giving Campaign or in accordance with applicable laws.

Donors are not permitted to impose restrictions on the use of donations by a Giving Campaign. To the extent that a donation is made in response to an appeal for a particular Giving Campaign, or to the extent that a donor purports to direct the use of donations by a Giving Campaign, any such directions shall constitute non-binding recommendations only and the receiving organization shall have full discretion to determine how all donations will be used.

Silent Auction Pro makes no representation as to whether all or any portion of your donations, including, if any, Convenience Fees, are tax deductible or eligible for tax credits. Silent Auction Pro will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any donation by you. You should consult your tax advisor as to the amount of your donation that is tax deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any donation in any relevant jurisdiction, and particularly if you are awarded a gift or prize in connection with your donation. Donor acknowledges and agrees that certain of Donor's personal information will be shared with the organization to which such Donor makes a donation and may be used by the organization in accordance with the Giving Campaign's Privacy Policy. Silent Auction Pro is not responsible, and shall not be liable, for the organizations use of any Donor information.