The Nebraska chapter of March of Dimes is providing Internet pre-auction and live bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against the Nebraska chapter of March of Dimes or anyone else if the Internet service fails to work correctly before or during the live auction. The Nebraska chapter of March of Dimes will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should leave absentee bids in the catalog prior to the auction start. The Nebraska chapter of March of Dimes reserves the right to withdraw or re-catalog items in this auction. TERMS AND CONDITIONS: By bidding on any auction item, you agree to be bound by the following Terms and Conditions: 1. You must be 21 years of age or older, have an email address, access to the Internet, and a valid credit card in order to bid on any auction item at the Proxibid Web site. 2. Your bid is a binding offer to buy the auction item. You may not retract your bid. If you are the winning bidder, you are contractually obligated to pay for the item. All sales are final and there are no exchanges or refunds. 3. The March of Dimes may establish minimum bids or reserve requirements at any time before or during the auction. If an auction item is subject to a reserve and the reserve price is not met, you and the March of Dimes are released from any obligation to purchase or sell, respectively. 4. Should a dispute arise between two bidders, the auction for that disputed item may, at the discretion of the March of Dimes, be re-opened until the auction item is sold. The decision of the March of Dimes is final. 5. The March of Dimes reserves the right, without notice, to add, withdraw or re-catalog an auction item at any time. 6. You understand and acknowledge that the March of Dimes is providing this Internet pre-auction and live bidding option as a service to you and that this service may or may not function correctly on the day of the auction. Neither the March of Dimes nor Proxibid will be responsible for any missed bids. If you wish to make certain your bid is acknowledged, you should leave absentee bids in the catalog prior to the start of the auction. 7. The March of Dimes has made every attempt to catalog and describe all items correctly. However, ALL ITEMS ARE SOLD “AS IS.” MARCH OF DIMES MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE CORRECTNESS OR ACCURACY OF THE DESCRIPTION OR THE STATED VALUE OF THE ITEM. NO STATEMENT CONTAINED IN THE CATALOG OR PROGRAM OR MADE ORALLY AT THE TIME OF SALE OR ELSEWHERE SHALL BE DEEMED TO BE SUCH A WARRANTY OR REPRESENTATION OR THE ASSUMPTION OF LIABILITY FOR TAX PURPOSES OR GENERAL VALUE. THE MARCH OF DIMES HEREBY DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, MERCHANTABLITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. 8. IN NO EVENT SHALL THE MARCH OF DIMES OR PROXIBID BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE OR THE PURCHASE OR USE OF THE AUCTION ITEM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN THE MARCH OF DIMES OR PROXIBID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. As some jurisdictions do not all the exclusion of implied warranties or limitation of liability or consequential damages, the above limitations may not apply to you. However, IN SUCH JURISDICTIONS THE LIABILITY OF THE MARCH OF DIMES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 9. In accordance with the Internal Revenue Code, the amount paid as the “winning bid” in excess of the Fair Market Value received as provided in the catalog of items to be auctioned is considered to be a charitable donation to the March of Dimes. The March of Dimes does not appraise or estimate the value of items for auctions and all statements of value appearing in the catalog have been provided by the contributors of the items.