SERVICES AGREEMENT

Thank you for choosing Silent Auction Pro™ as your fundraising 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 "The Services"). 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.

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.

INTERNET ACCESS AND COMPUTER EQUIPMENT

To use The Services, you must have an Internet Connection and appropriate computer equipment to connect to the Internet and to the World Wide Web. You are responsible for all fees related to your Internet Connection. We are not responsible or liable for the integrity of your Internet Connection at any time before, during or after your Giving Campaign or Event or for secure access to our services at any time. Nor are we responsible or liable for any problems related to your computer equipment.

SUPPORT

Silent Auction Pro™ has an extensive online help system that is designed to answer virtually any question you might have about the system. Please refer to the help system before requesting help via email or calling support. Technical support is available via phone or email during our normal working hours of 9am - 9pm Eastern time 7 days a week, non-holidays. On-site support for events or extended hours support may be available at an additional cost and must be arranged prior to your event.

SILENT AUCTION PRO'S ROLE

Our role is limited to providing software and services that help you run your fundraising Giving Campaign or Event. We are not responsible for any agreement, contract or transactions between you and your event attendees, donors, or merchant services provider, either online, physically at the event or otherwise. We cannot guarantee the validity or accuracy of any information presented through our Services by users of the system and we therefore provide no warranty and assume no liability for such information. Should a dispute arise between one or more users of the system or between a buyer and seller, you release Silent Auction Pro™ (and all employees, agents or related parties) from any and all claims, damages and demands of all kinds connected in any way or arising from such disputes. Additionally, Silent Auction Pro is NOT responsible for initiating the collection of payments from your patrons/guests/donors, nor are we responsible for depositing credit card payments to your bank account.

USER ACCOUNTS

Each user of The Services must create a unique login ID and password to access their account. Each user is solely responsible for maintaining the confidentiality of their login information and agrees not to share this information with other users. Silent Auction Pro™ will maintain the confidentiality of your login information and will not share that information with other persons or entities outside our company unless requested to do so by you. Using the forgotten login system where your login can be viewed and/or your password can be reset via a link that is emailed to your email address on record constitutes a request by you to share your login information as the link is sent unencrypted through the normal unsecured internet email system. Silent Auction Pro™ is not responsible for unauthorized access to your account resulting from using the forgotten login system. If you believe that your account has been accessed without your authorization, you agree to notify Silent Auction Pro™ immediately.

USER SUBMISSIONS

Part of the functionality provided by The Services allows user to post information on the Silent Auction Pro web site in the form of Contacts, Donations, images or other postings. As we have no immediate control over what Users may post on the web site, you agree that neither you nor any members allowed into your group will post any fraudulent, deceitful or otherwise misleading information, nor will you offer or sell any items that are illegal. In addition, it is the responsiblity of the Group Administrator and the group to ensure that you HAVE THE LEGAL RIGHT AND PERMISSION to post images on our site, and that you are not violating any copyright laws by posting those images. By using our website you accept liability for any images that are posted on the Silent Auction Pro website that violate copyright laws, and you agree to fully reimburse Silent Auction Pro for any fines or penalties we may incur for images posted in your Silent Auction Pro group for which you have not received permission. We assume no responsibility for any such information or information that maybe harmful, offensive or distasteful in any way. It is the Group Administrator or Group Administrators responsibility to review and correct any and all information provided by members of their group and they bear the sole responsibility for the accuracy of information provided by their group members.

GROUP INFORMATION

The group information you provide during the creation of your group contains information that we may use to contact you or your organization. You agree to provide true, accurate, complete and current information and to promptly update this information should it change.

GROUP ADMINISTRATOR REGISTRATION DATA

The Group Administrator or Group Administrators are responsible for granting or denying access to the Group account created by the original Group Administrator. Silent Auction Pro™ is not responsible for unauthorized access to your group's data resulting from a Group Administrator granting access to a user who otherwise should not have been granted access.

TEXT MESSAGES

Entering a cell phone number as part of the registration process will enable Silent Auction Pro to send Text message notices when appropriate. Please note that message and data rates may apply. Text HELP for help, STOP to cancel. Message frequency varies. The mobile carriers are not liable for delayed or undelivered messages.

EVENT PRICING

Silent Auction Pro offers 5 different package options for Events. The fixed fee portion of the package price is paid only once per year and you may have as many events using the same package as you wish, within the year. The variable fee is applied per event.

Silent Auction Pro™ will email the Group Administrator(s) an electronic invoice immediately following your Event. This invoice is immediately due and payable and late 30 days after your event. You agree to pay the invoiced amount promptly and without hesitation.

If payment is not received by the 30th day, we will charge the credit card on file for the full amount due. If we are unable to charge the credit card on file, no card is on file, or only a partial payment has been received, a late fee of $20 will be applied each additional 30 day period for which a full payment has not been received after the invoice date.

• If your event is canceled or you choose not to use Silent Auction Pro after agreeing to this services agreement, you will be charged $99.00 as a cancellation fee regardless of which options you chose for your event.
• Prices are subject to change at any time without notice. (If pricing changes while you have an active event in the system. The price quoted when you created your event will be honored.)
• Prices do not include state or federal tax. You are responsible for paying any applicable state or federal taxes.
• All fees are non-refundable.