*IMPORTANT NOTE: *Physical items will not be mailed out of town. Only gift certificates are eligible for mailing.* All property is sold “AS IS”, and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. Marian High School may attempt to describe the merchandise in advertising, on the Internet and at the auction but makes no representations. In no event shall Marian High School be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. Bidders who bid from off site and are not present at the live auction or preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. Marian High School shall endeavor to describe in detail each item and any pertinent information about it. Marian High School will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that everything is sold as is and that they may not return any item they purchase. Marian High School 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 Marian High School or anyone else if the Internet service fails to work correctly before or during the live auction. Marian High School will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24 hours before the auction begins. Marian High School 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. Marian High School 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 Marian High School 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 Marian High School, be re-opened until the auction item is sold. The decision of Marian High School is final. 5. Marian High School reserves the right, without notice, to add, withdraw or re-catalog an auction item at any time. 6. You understand and acknowledge that Marian High School 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 Marian High School 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. Marian High School has made every attempt to catalog and describe all items correctly. However, ALL ITEMS ARE SOLD “AS IS.” MARIAN HIGH SCHOOL 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. MARIAN HIGH SCHOOL 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 MARIAN HIGH SCHOOL 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 MARIAN HIGH SCHOOL 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 MARIAN HIGH SCHOOL 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 Marian High School. Marian High School 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.