PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS (“AGREEMENT”) OF SERVICE CAREFULLY BEFORE USING THE SITE. BY REGISTERING FOR AND USING THE SITE OR SERVICES, AND EACH TIME THAT YOU LOG IN OR PLACE A BID ON THE SITE, YOU EXPRESSLY AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.THIS SITE IS ADMINISTERED BY TEXAS INSTRUMENTS INCORPORATED (“TI”), HAVING A PLACE OF BUSINESS AT 12500 TI BOULEVARD, DALLAS, TX 75241, IN CONJUNCTION WITH ONE OR MORE THIRD PARTY SERVICE PROVIDERS WHO ENABLE THIS CHARITABLE AUCTION SITE.
Eligibility.
Use of the Site and the Services is limited to individual TI employees and contractors only with a current a-id or x-may not use the site or bid on items on behalf of any other person or entity besides yourself. You must be 18 years of or older and reside in the United States or the District of Columbia. To register, you must provide your real name, credit card billing address, phone number and e-mail address, along with other information that may be required from time to time. For your email address, you will use your TI email address.
TI and eAuction United Way Site Roles and Responsibilities
The site acts as a facilitator for the TI United Way auction. All proceeds are donated to the United Way and the TI does take a fee or a profit from the transactions on this site.
e-Auction
The e-Auction will start on May 3, 2021 at 8:00 a.m. Central Time (“CT”) and end on May 21, 2021 at 12:00 p.m.(noon) Central Time (“CT”).No bidding will occur after 12:00 p.m. CST on May 21, 2021.
Payments
The site accepts credit card/debit card payments via Visa, MasterCard, Discover, and American Express. All payments via a secure server and are processed by a third party service. You are only required to enter your payment information you are the winning bidder for an item. Your billing address (i.e. home address) is required in order to validate credit card usage. TI does not retain your credit card information provided through this site. Use and processing of credit card payments through this site is subject to the terms and conditions of such payment processor or service provider, in addition to these terms and the terms and conditions of this site.
Your Transactions and Obligations
The seller must sell the product to the highest bidder that meets or exceeds the minimum price. You must make payment for this item by June 4th, 2021.
You are responsible for reading the full item listing before making a bid or commitment to buy.
By bidding on an item, you agree to make prompt payment for the item. You enter into a legally binding contract to purchase an item when you commit to buy an item or if you have the winning bid (or your bid is otherwise accepted).
You may not use this site if your account contains false information.
You can't bid on your own donated item. If you know the seller, you can't bid on the item with the intent to increase its price or desirability artificially. This rule applies to family, friends, roommates, employees, and online connections.
Be careful about bidding on several items if you only want one. If you're the winning bidder of more than one auction-style listing, you need to purchase all the items you've won, even if they're the same or similar.
This site does not transfer legal ownership of items from the seller to the buyer. Uniform Commercial Code § 2-401(2) apply to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise. Delivery of Item
Upon paying for your item, the seller will be responsible for delivering the item to you. The buyer will be responsible for any shipping costs, where applicable.
Privacy
Except as otherwise stated in these Rules, personal information collected in connection with this site and the auction services provided herein will be used in accordance with TI’s Privacy Policy found athttp://www.ti.com/corp/docs/legal/privacy.shtml/ or with any other consent given by a user or participant. Certain information may be shared with one or more third parties, including RainWorx (www.rainworx.com), for the purpose of administering the eAuction, and will be used in accordance with their respective privacy policy(ies).Entrants acknowledge that RainWorx is a third party and TI is not responsible for RainWorx’s, or other third party, collection or use of participant information.
Disclaimer of Warranties; Limitation of Liability
You hereby expressly agree that you are making use of the site and our services strictly at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee the continuous operation of or access to the site or our services. Bid update and other notification functionality related to this site and the services not occur in real time; such functionality is subject to delays beyond TI’s control.
To the fullest extent permitted by applicable law, we (including our subsidiaries, affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: your use of or your inability to use the site or our services; pricing, shipping, format, or other guidance that we may provide; delays or disruptions in our services or related to the eAuction site; viruses or other malicious software obtained by accessing or linking to our site or services; glitches, bugs, errors, or inaccuracies of any kind in our site or services; damage to your hardware device from the use of the site or any of our services; the content, actions, or inactions of third parties, including items listed using our site or bid cancellation, account or permissions suspension, or other action taken with respect to your account or use of this or our services;
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is strictly and expressly limited to the greater of (a) any amounts which you actually paid to us in connection with this site or use of our services in connection with the bid, auction, or action giving rise to the liability, or (b) $100.
THE PRIZES AND AUCTION ITEMS ARE PROVIDED STRICTLY “AS IS” AND WITH ALL FAULTS.TI DOES NOT MAKE, AND THE PRIZES AND AUCTION ITEMS ARE PROVIDED STRICTLY “AS IS” AND WITH ALL FAULTS.TI DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING ANY PRIZE OR AUCTION ITEM, INCLUDING WITHOUT LIMITATION ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
You agree that (a) TI shall not be responsible or liable for, and you hereby release TI from, any claims, losses, damages injuries of any kind resulting, in whole or in part, directly or indirectly, from use of the site, services, participation in the eAuction, or any related activity, or from acceptance, receipt, possession and/or use/misuse or inability to use a prize or auction item; and (b) to the maximum extent permitted by law, TI has not made any warranty, condition, representation or guarantee, express or implied, in fact or in law, with respect to a prize or auction item, including, without limitation, to such prize or item’s quality or fitness for a particular purpose. TI shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to (a) by any wrongful, negligent or unauthorized act or omission on the part of any of their agents, servants, employees or independent contractors; (b) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of TI, (c) by any other cause, condition or event whatsoever beyond the control of TI. Failure of TI to enforce any provision herein shall not be deemed a waiver of such. TI reserves the right to modify these rules for clarification and/or administration purposes at any time.
General Provisions
You agree that, except to the extent inconsistent with or preempted by federal law or otherwise specified herein, the of the state of Texas, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and TI related to the site, auction, services, or this Agreement. You hereby agree that any claim or dispute that has arisen or may arise between you and TI related to or arising from your use of site or services must be resolved exclusively by a state or federal court located in the state of Texas. You agree to to the personal jurisdiction of the state and federal courts located within the state of Texas for the purpose of litigating such claims or disputes.
Except as otherwise provided herein, if any provision of this Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this Agreement, by providing you with reasonable notice of such assignment.
You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, from your breach of any law or the rights of a third party, or from your improper use of the site, auction, or services provided.
Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on the eAuction web site. Our right to amend the Agreement includes the right to modify, add to, or remove terms in the Agreement. We will provide you reasonable advance notice by posting the amended terms, and will not change the terms during the course of an auction; the terms force at the beginning of an auction shall apply and shall govern that auction. Your continued access or use of the site our services constitutes your acceptance of the amended terms. This Agreement may not otherwise be amended except writing and through mutual agreement by you and an authorized TI representative who intends to amend this Agreement and is duly authorized to agree to such an amendment.
The policies posted on our sites, including linked and referenced policies, may be changed from time to time. Changes effect when posted.
The Agreement, together with the referenced and incorporated policies (including without limitation the TI privacy policy and third party provider policies) set forth the entire understanding and agreement between you and TI with respect to this site, the auction, and any services or related matters, and supersede all prior understandings and agreements of the parties.
The following sections survive any termination of this Agreement: Disclaimer of Warranties; Limitation of Liability; and General Provisions.