Church Extras | Online Auction

ChurchExtras Seller Agreement
Read and print this Bidders Agreement before accepting or declining. SERVICE CHARGES MAY BE LEVIED IF TERMS RELATED TO DEFAULTS ARE NOT ADHERED TO. So, this agreement should be read VERY CAREFULLY!
All persons selling or placing items for sale through ChurchExtras.com are subject to the terms and conditions of this Bidders Agreement (the 'Agreement'). This Agreement is made between ChurchExtras, LLC, a Tennessee limited liability Company (“ChurchExtras”) and each bidder.  By using the services of ChurchExtras  as a seller, or otherwise, you agree to all of the terms of this Agreement as set out below:

1.    Eligible Bidders.   Only persons who may enter into legally binding contracts under applicable law may use ChurchExtras.com.    ChurchExtras reserves right to bar any person from using this service in its sole and absolute discretion.

2.    Fees.     ChurchExtras charges no fees for registering as a seller or for placing your items offered for sale through its service.   However, a bidder with a successful bid on your items is required to pay a buyer’s premium of seven percent (7%) to ChurchExtras in order to complete a transaction. Also, Church Extras charges a seven percent (7%) sellers premium. The Seller collects the seven percent (7%) buyers premium from the buyer. Church Extras bills the seller for the sellers seven percent (7%) and the buyers seven percent (7%). Seller retains 93% of each and every sell. A seller that is billed for the sellers and buyers premium and bill is not paid promptly may have a hold put on your auction until bill is paid in full.
 
3.     Release from Liability; Indemnity.    ChurchExtras is not a party to any transaction which is facilitated through its service.    All transactions are considered to be contracts between the bidder and the seller of the item.   By using the services of ChurchExtras.com, the seller releases ChurchExtras, its directors, officers, employees, agents, affiliates, successors and assigns from any and all claims, expenses, damages, actions, causes of action, or suits or liabilities of any kind that may result from your use of ChurchExtras.com, or any of the services, software or applications associated therewith.   You as the seller agree to indemnify and hold ChurchExtras, its directors, officers, employees, agents, affiliates, successors and assigns harmless from and against any and all debts, liabilities, obligations, claims, suits, judgments, damages, expenses, and demands, made or incurred by any party arising out of your breach or alleged breach of this Agreement, or your violation or alleged violation of any applicable law or any rights of a third party.

4.     Purpose; No Verification.    The ChurchExtras.com website offers the opportunity for churches, ministries, religious schools, or any other related persons or entities to offer church related items or surplus or donated goods for sale in an online auction.    ChurchExtras, however, is not involved in the actual transaction between buyers and sellers and has no control over the items listed for sale or the truth or accuracy of the listing or their descriptions.    ChurchExtras cannot ensure that any transaction will actually be completed, or that the seller is legally able to sell the item listed or that the buyer will be able to complete the transaction.    Although registration is required, ChurchExtras cannot authenticate the identities of the sellers or buyers.

5.     ChurchExtras does not arrange or pay for any shipping or freight in connection with delivery of goods bought or sold on ChurchExtras.com.   All shipping or freight will be as arranged (and paid for) by the buyer and/or seller.

6      Posted Information.   You agree that any information you post to the ChurchExtras.com website or provide to other users is truthful and accurate; shall not be fraudulent or willfully misleading; shall not infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of privacy; shall not violate any law, statute, ordinance, or regulation; shall not be defamatory, trade libelous, unlawfully threatening or harassing; shall not be obscene or contain pornography; shall not contain computer viruses, or any similar computer programming routines that  harm, interfere with, intercept or expropriate any system, data or personal information from ChurchExtras systems or those of its users; shall not create liability for ChurchExtras; and shall not link directly or indirectly to sites or organizations in direct or indirect competition with ChurchExtras.

7.    Access and Interference.  Bidders agrees that they will not use any robot, spider, other automatic device, or manual process to monitor or copy the web pages of ChurchExtras.com or the content contained therein.  Bidders also agree not to use any software or routine which will interfere  with the proper working of the website, and not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of ChurchExtras.com.

8.     Services Provided "As Is". The ChurchExtras.com website and the services provided therein are provided on an "as is" basis.   No warranty, either express or implied, or any implied warranty of title, merchantability, or fitness for a particular purpose is given by ChurchExtras.

9. Compliance.  As a user of ChurchExtras.com you agree to comply with all applicable laws, statutes, ordinances and regulations regarding such use.   

10. Status.    ChurchExtras is an independent contract, and no agency, partnership, join venture, employee-employer or franchiser-franchisee relationship is intended or created between ChurchExtras or any user of its services.

11.Arbitration.   This Agreement involves substantial interstate commerce.  Any controversy or claim arising out of or relating to this Agreement, the breach thereof, or the services provided by ChurchExtras, which exceeds $10,000.00., shall, at the sole discretion of ChurchExtras, be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.

12.   Miscellaneous.    
(A)This Agreement shall be interpreted and construed in accordance with the laws of the State of Tennessee.
(B)If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.
(C)Failure to enforce any provision of the Agreement shall not constitute a waiver of any rights of ChurchExtras hereunder.
(D)This Agreement contains the entire understanding between ChurchExtras and its users.
(E)This Agreement shall be binding upon and inure to the benefit of the parties hereto, and their respective heirs, successors and assigns.
 
(F)This Agreement may be amended at any time by ChurchExtras, which amended shall be effective upon its posting to ChurchExtras.com.
By clicking "I Accept" below, you agree:
1.	you have the legal standing to enter into such Agreements;
2.	that you have read, understand and agree to abide by this Agreement and any documents it incorporates by reference;
3.	you intend to form a legally binding contract; and
4.	a print out of this Agreement and any documents it incorporates by reference will constitute "a writing" under any applicable law or regulation.
I Accept
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