Consumer Terms of Service / Buyer Agreement for
ifonly.com from Traina Interactive
Last updated April 10, 2014
This user agreement is forged between Traina Interactive Corp. ("Traina Interactive", "Our," "Us," We") and the buyer ("The Buyer," "A Buyer" or "You"), a user of one of Traina Interactive’s properties, including ifonly.com and luminarylane.com ("the Sites").
"The Luminary" is defined as the celebrity or luminary whose property, or an experience with whom, is being sold by Us on the Sites. In the case of property or experiences involving alcoholic beverages, the Luminary is the alcoholic beverage licensee who is providing alcoholic beverages. The charitable non-profit organization ("the Charity") is defined as the charitable recipient of a portion of the proceeds from property, lots, or digital connection sold on the Sites.
All references to "property" and/ or "lot" in these Terms shall also include all items and experiences offered and sold on the Sites, including in-person experiences as well as virtual experiences (also called "digital connections").
A. GENERAL TERMS AND CONDITIONS
Accepting the Terms
These Terms govern the terms on which all property, lots, and digital connections are sold on the Sites and creates a legal contract between each Buyer desiring to purchase any property offered on the Sites and Traina Interactive. When any affiliate of Traina Interactive offers property for sale on the Sites, it will abide by the terms and conditions of these Terms.
These Terms provide the general terms applicable to all sales and interactions on the Sites administered by Traina Interactive, but each offering may have additional terms which supplement these Terms (“Supplemental Terms”). In the event of any conflict or inconsistency between these Terms and the Supplemental Terms, the Supplemental Terms shall govern with respect to the conflict or inconsistency therein. You agree to comply with these Terms and any Supplemental Terms for an individual offering posted on the Sites.
Traina Interactive may change the terms and conditions set forth in these Terms in the future. Any changes to the Terms and to other policies, procedures or guidelines referenced herein will be effective immediately upon posting on the Sites unless a specific effective date is indicated. You are responsible for reviewing notices and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. YOUR CONTINUED USE OF THE SITES, OR PURCHASE OF OR BIDDING ON ANY PROPERTY OR LOT, FOLLOWING OUR POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS, YOU MAY NOT CONTINUE TO USE THE SITES.
Traina Interactive Services
The Sites provide a venue for Traina Interactive to offer property and digital connections provided by Luminaries to willing Buyers at a fixed-price and for Buyers to purchase such property and digital connections. Traina Interactive is responsible for the operation of the Sites. Traina Interactive has no involvement in any transaction entered into, on or through the Sites, except to facilitate the transaction between Buyer and Seller. Traina Interactive will process collection of the purchase price and remittance of the sale proceeds to the appropriate parties, namely the appointed Charity and the Seller. Traina Interactive acts as an intermediary between Buyer and Seller. Other than collecting payments on behalf of the Seller and the Charity, Traina Interactive is not a party to any transaction between the Buyer, the Seller and the Charity.
The successful Buyer may be required to pay sales or use tax, value-added tax (“VAT”), excise tax, gross receipts tax, goods and services tax or other applicable transactional tax, as determined by law (collectively, “Taxes”). The Buyer may also be subject to a compensating use tax or other tax in his or her domicile. Traina Interactive is not obligated to determine whether Taxes apply and is not responsible for collecting, remitting or reporting any Taxes arising from any transaction unless required by law, and both Buyer and Luminary agree to indemnify and/or hold Traina Interactive harmless therefrom.
Traina Interactive is not responsible for estimates, descriptions, condition, authenticity, title or any other matters relating to the offer and sale of such property. Merchandise information is collected from the Luminary and is accurate to the best ability of the Luminary.
Each of the Charities listed on the Sites has granted permission to Traina Interactive to list them by name and logo as the beneficiaries of certain sales of property or lots on the Sites. The exact percentage of proceeds directed to each Charity varies per property or lot, but in no event is less than 10% of the individual sale price. Traina Interactive does not place a “cap” on the total amount of contributions provided to any one Charity; nor does it guarantee to provide a minimum dollar amount of contributions to any one Charity. Because the final sale price paid by Buyer represents the full value of the product or service, no portion of the sale price is tax-deductible to the Buyer as a charitable contribution. The full name, address, and other information on each Charity is available at the bottom of each Luminary page.
Buyer understands that in the event a purchased experience involves meeting a celebrity, or otherwise involves being in close proximity to a celebrity, then Buyer agrees to submit to a background check conducted by or on behalf of Traina Interactive and the Seller, and further agrees to sign and execute all required authorizations for said background check to be conducted as required by applicable law. If Buyer does not agree to a background check or fails to supply the necessary information for a background check, the Buyer, the Seller or Traina Interactive have the right to rescind the transaction for the experience. As a condition for any guest (or other person) that Buyer will bring to an experience involving meeting a celebrity, or otherwise involving being in close proximity to a celebrity, such guest shall agree to submit to a background check, and further agrees to sign and execute all required authorizations for said background check to be conducted as required by applicable law. If any such guest does not agree to a background check or fails to supply the necessary information for a background check, the Seller or Traina Interactive have the right to exclude such guest from the experience.
Any experience involving meeting a celebrity, or otherwise being in close proximity to a celebrity, is a conditional sale unless and until the applicable Seller accepts the results of the background check(s). Traina Interactive has the right to share the results of each background check with the applicable Seller.
Should background check show an prior offense of the Buyer ("Failed Buyer Check"), Seller or Traina Interactive, in conjunction with any and all Luminaries involved in the purchased offering, shall have the right to prohibit Buyer and any and all of Buyer's guests from participating in experience for which background check was performed ("Right of Buyer Rejection"). If Right of Buyer Rejection is exercised, Buyer shall be refunded the full list price, less a $30 handling fee per each person for which a background check was performed in regards to purchased experience.
Should a background check of a guest of the Buyer show a prior offense of that guest ("Failed Guest Check"), Seller or Traina Interactive, in conjunction with any and all Luminaries involved in the purchased offering, shall have the right to prohibit guest ("Failed Guest") from participating in experience for which background check was performed ("Right of Guest Rejection"). Should Right of Guest Rejection be exercised, Buyer shall be not be charged background check handling fees for up to one (1) Failed Guest Check; any incremental Failed Guest Checks shall result in a $30 handling fee per Failed Guest Check.
If the property or lot is being sold through an auction, and the property or lot is unique, the following terms will apply in addition to these Terms:
As a general rule, You cannot retract or cancel a bid once placed. Once You place a bid, You agree to pay for the lot if you are the winning bidder. Exception: a bidder can cancel their bid within one (1) hour of placing their bid (but in no event after an auction has closed) solely in the case of an input error.
At Traina Interactive or Sellers’ sole discretion, the auction may be comprised of two parts: the initial round of bids in which the auction is open to all users (“General Round”) and the final round of bids in which bids may be made only by the top five bidders in the General Round (“Final Round”)
Bids can be increased at any time before the General Round closes, the Final Round closes or the auction closes, as applicable.
Immediately following Your bid, Traina Interactive will authorize Your credit card for 10% of the bid amount. (“Credit Card Authorization”).
At the end of the General Round, the top five bidders (“Final Bidders”) whose bids have received credit card authorization will have the opportunity to participate in the Final Round. The Final Bidders will be contacted via email simultaneously and have 24 hours from point of contact to rebid. Should there be multiple equal bids that are higher than all other bids ("Tied Winning Bids"), the winning bid shall be the Tied Winning Bid that was placed first.
After the auction is complete, the winning Buyer can switch payment methods to check or wire transfer by immediately providing written notice to Traina Interactive.
Payment in full must be received within seven (7) calendar days after the auction has closed. Failure to pay the full amount of Your bid within such seven (7) calendar day period will result in loss of the auction lot (the lot will be offered to the next highest bidder) and Your deposit will be forfeited.
If a lot or property being offered is not unique and multiple offerings are made through a single auction, Traina Interactive has the option to apply the following terms:
As a general rule, You cannot retract or cancel a bid once placed. Once You place a bid, You agree to pay for the property or lot if You are a winning bidder even if you are the winner on more than one property or lot simultaneously being offered. Exception: a bidder can cancel their bid within one (1) hour of placing their bid (but in no event after an auction has closed) solely in the case of an input error.
The auction is comprised of two parts, the General Round and a subsequent round in which only the top bidders from the General Round may participate (“Secondary Round”). The number of bidders that may participate in the Secondary Round will be equal to twice the number of properties being auctioned (“Secondary Bidders”).
Bids can be increased at any time before the General Round, Secondary Round or the auction closes, as applicable.
Immediately following Your bid, Traina Interactive will authorize Your credit card for 10% of the bid amount. (“credit card authorization”).
At the end of the General Round, the Secondary Bidders will be contacted via email simultaneously and have 24 hours from point of contact to rebid.
Upon the conclusion of the Secondary Round, property will be awarded to the highest bidder, then the second highest bidder, and so forth, until all property is awarded for each separate property or lot being offered (“Winning Bidders”).
The Winning Bidders will all pay the same amount (“Clearing Bid”). The Clearing Bid will be the lowest bid among the Winning Bidders. Should there be multiple equal bids that are higher than all other bids ("Tied Winning Bids"), the winning bid shall be the Tied Winning Bid that was placed first.
After the auction is complete, the Winning Bidders can switch payment methods to check or wire transfer by immediately providing written notice to Traina Interactive.
Payment in full must be received within seven (7) calendar days after the auction has closed. Failure to pay the full amount of Your bid within such seven (7) calendar day period will result in loss of the auction lot (the lot will be offered to the next highest bidders), and Your deposit will be forfeited.
In no case will Traina Interactive share the identity of any of the bidders with any other bidders in any auction.
On occasion, IfOnly may choose to run sweepstakes “Sweepstakes”. The following terms apply to such offerings only:
1. DESCRIPTION OF SWEEPSTAKES. The Sweepstakes is designed to raise monies and awareness for worthy charities by providing the opportunity to provide once-in-a-lifetime experiences to those who participate. Participants can enter the Sweepstakes in either of two ways: by making a donation in an amount indicated at the Entry Site, or by sending entry information on a 3×5 card to the address set forth below. Random drawings will be conducted at the close of the Sweepstakes entry period and a winner(s) will be selected.
2. ELIGIBILITY. Some sweepstakes are open to legal residents of the fifty United States and the District of Columbia who have reached the age of majority in the states of residence (18 except in AL and 19 in NE, 21 in MS). Employees of Traina Interactive Corp, the prize providers, and the Prize Benefactor mentioned in rule, and members of their immediate families, regardless of where they reside, are not eligible to enter.
Others are open to persons who have reached the age of majority in their countries of residence. Void in Sweden, Malaysia, Spain and countries on the United States list if embargoed countries. Employees of Traina Interactive Corp., the prize providers, and the Prize Benefactor mentioned in rule, and members of their immediate families, regardless of where they reside, are not eligible to enter.
See details on product page to see if sweepstakes are open to international or just domestic audience. In all cases, the Sweepstakes is void where prohibited by law.
3. HOW TO ENTER. To enter by making a donation, go to the Entry Site and follow the onscreen entry instructions. The number of entries you receive per dollar amount of your donation will be posted at the Entry Site. You must have a valid credit card to enter by this method. Your submissions must be received between the dates posted at the Entry Site (the Entry Period). Unless alternative instructions are set forth in the Promotion Rules, to enter without a donation, send your name, mailing address, day and evening telephone numbers, your email address if you have one, and the name of the experience prize sweepstakes you are entering on a form downloadable at the Entry Site or on a 3×5 card to Traina Interactive Corp: IfOnly Sweepstakes Non-donating entry, 150 Green Street, Suite 309, San Francisco, CA 94111 postmarked no later than the last day of the Entry Period and received within 5 days thereafter. Enter as often as you wish, but each entry must be mailed separately.
4. WINNER SELECTION AND NOTIFICATION. Following the close of the Entry Period, Sponsor will conduct a random drawing to select one (1) winner, who will be notified by phone, email or regular mail at the Sponsor’s discretion. Odds of being named a finalist depend on the number of eligible entries received. Winner(s) may be required to sign an affidavit of eligibility, liability and where legal, a publicity release, which must be returned within seven days of notification, as well as any other documents necessary to verify the winner’s identity and background, including but not limited to a background check. Travel companions will be required to sign a liability/publicity release prior to awarding of prize. Sponsor reserves the right to select a new winner from the entrants in the event that the first winner is unable to claim their prize, and/or poses a viable threat to the prize benefactor in any way. Sponsor reserves the right to require a minimum dollar amount of donations before a random drawing will be conducted. If the Sponsor elects to set a minimum, the amount will be set forth at the Entry Site. If the amount is not reached by the date specified at the Entry Site, no credit card donations will be processed, the Sweepstakes will terminate and the prize will not be awarded.
5. PRIZE. A description of the prize and the prize restrictions will be posted at the Entry Site. The prize description shall be deemed a part of these official rules and is incorporated by referenced herein. The prize cannot be transferred or substituted, except by Sponsor in its sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value. All federal state and local taxes are the responsibility of the winner. Travel restrictions, conditions and limitations may apply. The prize value may vary depending on point of departure, travel dates and fare/rate fluctuations.
7. PUBLICITY GRANT. Winner(s), by acceptance of prize, except where prohibited, grants permission for Sponsor and Prize Benefactor and their designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval, unless otherwise prohibited by law.
8. GOVERNING LAW/JURISDICTION. The Sweepstakes and these Official Rules are governed by and shall be construed in accordance with the substantive laws of the State of California applicable to contracts made and performed entirely in California and where the relevant contacts are with such state. Except where prohibited, as a condition of participating in this Sweepstakes, each participant agrees that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, the prize awarded or the determination of the official winner shall be resolved individually, without resort to any form of class action. Participant further agree that in any cause of action, the Sponsor’s and Prize Benefactor’s liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall they be liable for attorneys’ fees and/or experts’ fees and costs. Participants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages and participants further waive all rights to have damages multiplied or increased.
9. GENERAL CONDITIONS. Sponsor and Prize Benefactor are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, undelivered or garbled entries or for human, mechanical, electronic, network, or typographical errors otherwise relating to or in connection with the Sweepstakes. Sponsor and Prize Benefactor are also not responsible for any incorrect or inaccurate information, whether caused by tampering, hacking or by any equipment or programming associated with or utilized in the Sweepstakes. Sponsor and Prize Benefactor are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the web site. Persons who tamper with or abuse any aspect of the Sweepstakes or website, who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes and, if terminated, at its discretion, select the potential winner[s] from all eligible, non-suspect entries received prior to action taken using the drawing procedures outlined above.
Entrants, by participating, agree that Sponsor and Prize Benefactor will have no liability whatsoever for, and shall be held harmless by entrants against, any liability for any injuries, losses or damages of any kind, including death, to persons, or property, resulting in whole or in part, directly or indirectly, from the acceptance, possession, misuse or use of the prize or participation in this sweepstakes. In the event of a dispute regarding entries received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of entry will be deemed to be the entrant and must comply with these rules. Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses.
10. WINNER LIST. For the name[s] of the winner[s] send a self-addressed stamped envelope to: Traina Interactive Corp, c/o Winner List, 150 Green Street, Suite 309, San Francisco, CA 94111.
SPONSOR. Traina Interactive Corp 150 Green Street, Suite 309, San Francisco, CA 94111.
Limitations of Guarantees
Any property or lots offered on the Sites is sold by the Seller subject only to the specific guarantee by the Seller as to authenticity and physical condition set forth below. Traina Interactive makes no representation or warranty whatsoever whether oral or written, express or implied, including without limitation, warrantees as to merchantability, fitness for a particular purpose, quality, rarity, importance, provenance, exhibitions, literature or historical relevance of the property or otherwise.
Property or lots offered on the Sites is either in the condition in which it was provided by the Seller or in the condition at the time of purchase by Seller. Other than as set forth in the specific guarantee, all Property on the Sites is sold by the Seller "AS IS." No other statement anywhere, whether oral or written, shall be deemed a guarantee, warranty or representation. Please note that neither Traina Interactive nor the Seller make any representation or warranty as to whether the Buyer acquires any reproduction or intellectual property rights in the property. Certain property or lots will be adjusted with signatures or other personalization features as specified in the related Seller description.
Other than the specific description, no guarantee is made by the Seller with respect to information appearing in other sections of the Sites, and a sale is not subject to rescission in the event that any of non-guaranteed information proves inaccurate.
Seller statements are guaranteed only to the extent expressly set out in the following (if applicable):
Authenticity Guarantee; and
Physical Condition Guarantee, both as set forth below.
Authenticity Guarantee - Statements relating to the authenticity, creator or originator and culture or source of origin of property or lot are further qualified by the specific limitations set forth in these Terms, even if the section of the Property Description Page in which such statement is made is labeled as "Guaranteed".
Physical Condition Guarantee - The Seller warrants that the description of the property’s physical condition is substantially correct based upon a fair reading of the description of the property or lot taken as a whole. This Physical Condition Guarantee applies to the property or lot in its condition upon delivery to the shipper, and only for a period of two (2) weeks from the date the property or lot is received by the Buyer, and only for the person who purchased the property on any of the Sites and is not available to any subsequent owner or user. If the property is framed or mounted on a base or other mounting, or is covered by glass, no guarantee or warranty is made with respect to the condition of the frame, base, other mounting or glass.
Traina Interactive is only obligated to rescind the sale of property in accordance with its returns and refunds policy and provided that the property or lot is returned by the Buyer to the Seller via Traina Interactive in the same condition as it was at the time of sale and free of any claims by third parties. When reviewing descriptions of property, You should bear in mind the age and past use of the property or lot and should assume that any property or lot will show signs of reasonable "wear and tear." If you would like additional information as to the condition of any property or lot, You should contact Traina Interactive before making an offer or bid to purchase the property.
Notice of fulfillment: As we provide experience-based offerings, there are certain elements of fulfillment (e.g. bad weather, unexpected delays) that are out of our control and/or the Seller’s control. Should a customer be dissatisfied as a result of these fulfillment elements occurring, we will do our best to provide an adequate remedy, but do not promise a refund or rescheduling of the offering at the Buyer’s convenience.
Sole Remedy: It is specifically understood and agreed that the rescission of a sale and refund of the Total Purchase Price is exclusive and in lieu of any other remedy that might otherwise be available as a matter of law, or in equity. The Buyer shall not be entitled to any incidental or consequential damages incurred or claimed.
Refusal of Transaction
Traina Interactive reserves the right to withdraw any property or lot before the end of the sale period or auction period, halt any sale or auction during its progress, and/or remove, screen or edit any materials or content on the Sites. Traina Interactive also may extend any sale or auction, or change the closing time for any sale or auction. Traina Interactive may refuse to process a transaction for any reason or refuse service to anyone at any time in its sole discretion. Neither Traina Interactive, the Seller, nor any of their affiliates or representatives, will be liable to any Buyer, Seller or third party by reason of Traina Interactive's withdrawal of any property or lot offering prior to the end of the sale or auction period; halting any sale or auction during its progress; removing, screening or editing any materials or content on the Sites; refusing to process a transaction; or unwinding or suspending any transaction after processing has begun. In the event Buyer cannot complete a sale for any reason, including Traina Interactive's decision in its sole discretion to refuse to process the transaction, the Seller shall have the right to offer and sell the property to another Buyer. In all cases, Traina Interactive's determination of the successful Buyer for the property or lot will be final and cannot be challenged or contested.
Termination of In-Person and Virtual Experiences
Further, a virtual or in-person experience can be discontinued by a celebrity or luminary without warning at any time -- and with no refund to the Buyer -- should the celebrity or luminary become uncomfortable with the conversation or interaction for any reason, in the sole discretion of the celebrity or luminary. In all cases, such decision cannot be challenged or otherwise contested.
Traina Interactive does not permit reporters or other members of the media to purchase experiences with celebrities or luminaries for the purpose of conducting an interview or photography session for any purpose. If a celebrity or luminary determines that the Buyer is in fact a member of the media attempting to conduct an interview or photography session, the celebrity or luminary is fully within her or his rights to terminate the experience with no refund to the Buyer.
Eligibility to Use Sites
Use of the Sites is limited to parties that lawfully can enter into and form contracts and buy and sell on the Sites under applicable law. For example, minors and persons and entities domiciled in jurisdictions where online sales are prohibited are not allowed to participate in sales either as Buyers or Sellers on the Sites. Status as a minor is usually determined by your state’s law, but in no event shall a person less than 18 years of age use the Sites.
To register, you must provide your real name, phone number, email address, credit card details and other requested information.
Owners of property being sold on the Sites are not permitted to offer to buy their own property, nor to instruct, authorize or permit any other person to purchase such property on their behalf, or to otherwise take any action that may manipulate the sale process in any way.
The Sites are available only to individuals and others who meet the terms of eligibility, who have been issued a valid credit card by a bank acceptable to Traina Interactive, whose applications are acceptable to Traina Interactive, and who have authorized Traina Interactive to process a charge or charges on their credit card in the amount of the Total Purchase Price for any property or lot for which they are the successful Buyer.
The Sites may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Sites and any transactions conducted on or through the Sites.
Traina Interactive works diligently in order to be a "Green" company and wants to communicate as much as possible with Buyers and Sellers via email as a matter of conservation. As such, any and all communications with Buyers and Sellers, including but not necessarily limited to, redemption letters, receipts, and other correspondence shall be delivered solely via email. By using the Sites, you agree to receive any and all correspondence from Traina Interactive via email. You further agree to review your email for communications from Traina Interactive requiring your timely attention, response, or otherwise. You also agree to add Traina Interactive to your "safe-user" list so that you are able to receive emails from Traina Interactive as necessary.
No Endorsement of Links to Other Web Sites
Any links to other websites are provided as merely a convenience to you. The Sites may provide links or references to other websites but neither Traina Interactive nor the Sellers have reviewed all of these other websites, have no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from the content from these other websites. You understand that neither Traina Interactive nor Sellers operate, control or endorse any information, products or services on the Internet in any way. Neither Traina Interactive nor any Seller endorses or makes any representations about these other websites, or any information or other products or materials found on these other websites, or any results that may be obtained from using these other websites. If You decide to access any of these other websites linked to this Site, You do so entirely at Your own risk.
Monitoring and User Account
Traina Interactive has the right, but not the obligation, to monitor any activity and content associated with the Sites. Traina Interactive may investigate any reported violations of the Sites’ policies or complaints and take any action that it deems appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials on the Sites, including property or lot listings). Traina Interactive may also investigate, in its sole discretion, the use of any credit card by a user registered to buy on the Sites, and take such action as Traina Interactive deems appropriate, including without limitation, contacting the individual using such card, canceling an offer to purchase placed by such user, and/or deactivating a Buyer's account.
Traina Interactive may limit any specific or general use of the Sites at its sole discretion. Traina Interactive, in its sole discretion, may terminate the right of any user to participate in sales conducted on this Site or to access the Sites without notice for any reason.
Traina Interactive reserves the right to review and change the "User Name" of any person registering to participate in any sale on this Site, at any time and for any reason upon e-mail notice to such person.
You may not register under a false name or use an invalid or unauthorized credit card. You may not make offer to purchase under a false name, impersonate any participant, or use another participant's password(s) or engage in any other fraudulent conduct or conduct intended to interfere with the orderly conduct of business on the Sites. Fraudulent conduct is a violation of federal and state laws and may be reported to law enforcement authorities. Traina Interactive will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
Your password may be used only to access the Sites, use the services available on the Sites, electronically sign your transactions and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account), and you are solely responsible for any use of or action taken under your password on the Sites. If your password is compromised, you must change your password.
Once an individual places an offer to buy property or lot, the Buyer has agreed to purchase the property or lot at the price listed or bid. Traina Interactive is only obligated to rescind the sale of property in accordance with its shipping, returns and refunds policy.
Place of Contract; Disputes
THESE TERMS AS WELL AS THE BUYER'S, TRAINA INTERACTIVE’S AND THE SELLER'S RESPECTIVE RIGHTS AND OBLIGATIONS HEREUNDER ARE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA. BY ACCESSING OR USING THE SITES, THE BUYER SHALL BE DEEMED TO HAVE CONSENTED TO THE EXCLUSIVE JURISDICTION OF THE STATE COURTS OF, AND THE FEDERAL COURTS SITTING IN, SAN FRANCISCO, CALIFORNIA WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THE SITES, ANY TRANSACTIONS CONDUCTED ON OR THROUGH THE SITES AND THESE TERMS, AND TO HAVE AGREED THAT PROPER VENUE SHALL LIE IN THE AFOREMENTIONED COURTS, AND YOU AGREE NOT TO COMMENCE OR PROSECUTE ANY SUCH CLAIMS, ACTIONS, OR PROCEEDINGS OTHER THAN IN THE AFOREMENTIONED COURTS ON AN INDIVIDUAL BASIS AS ANY CLAIM MAY APPLY TO YOU.
The contract between the Buyer and the Seller will be completed when the sale or auction period for the property or lot ends, at which point the person who agreed to pay the asking price or has the highest bid listed by Traina Interactive, will become the Buyer and the contract of sale is deemed to have been completed in California. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and never shall include consequential, incidental or punitive damages, and in no event attorneys’ fees or costs as permitted by law. Any and all disputes, claims, and causes of action arising out of or in connection with these Terms shall be resolved individually, without resort to any form of class action.
Traina Interactive reserves the right to reject any offer to buy at any time. In the event of identical offers, the first offer received by Traina Interactive will take precedence unless Traina Interactive decides otherwise in its sole discretion. In the event of any dispute between potential Buyers, or in the event of doubt as to the validity of any offer, Traina Interactive will have the final discretion to determine the successful Buyer. If any dispute concerning any offer to purchase arises after the sale, Traina Interactive's determination is conclusive and cannot be challenged or contested. Please note that Traina Interactive is not responsible for errors or omissions in connection with the transmission of offers to the Sites (including without limitation your receipt of emails regarding the status of an offer or purchase), or for any online or other charges you may incur in connection with participating on the site or in a sale.
Title; Risk of Loss
When the Seller delivers the property or lot to the shipper for shipment to the Buyer, title to the lot and risk of loss will pass from the Seller to the Buyer. If the property or lot is damaged in transit, the Buyer should contact the shipping agent and process a claim under the applicable insurance policy. A Seller is not obligated to take a property or lot back if the property or lot was damaged in transit (although, on behalf of Sellers, Traina Interactive is obligated to insure all items during transit at cost to the Buyer).
Remedies for Buyer's Failure
If any applicable conditions of these Terms are not complied with in a timely manner by the Buyer (including without limitation a Buyer's failure to pay for a purchase in good funds within three days after the Buyer ’s Statement ("Order Summary" and/or "Email Receipt") has been received by the Buyer), in addition to other remedies available to Traina Interactive or the Seller by law, including without limitation the right to hold the Buyer liable for the purchase price, Traina Interactive or the Seller may, at its option, cancel the sale and re-offer the lot on the Sites or sell it privately. In addition, Traina Interactive or the Seller may hold the Buyer liable for any and all costs of collection or re-offer, handling charges, and any legal fees and expenses. Further, Traina Interactive, at its sole discretion, may deactivate a Buyer's account for failure to pay the purchase price or other breaches of these Terms.
Disclaimer of Warranties
THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRAINA INTERACTIVE (THE SITES’ PROVIDER) MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES, ANY PROPERTY OFFERED ON THE SITES OR ANY TRANSACTIONS THAT MAY BE CONDUCTED ON OR THROUGH THE SITES, INCLUDING WITHOUT LIMITATION:(i) The implied warranties of merchantability, fitness for a particular purpose, title, and non- infringement;(ii) That the Sites will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error;(iii) Any implied warranty arising from course of dealing or usage of trade; and(iv) Any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of Traina Interactive. To the full extent permissible under applicable law, Traina Interactive disclaims any and all such warranties.
Waiver of Claims
Because Traina Interactive is not responsible for the guarantees provided by a Seller or the descriptions of lots provided by a Seller, if a dispute arises between one or more participants regarding a lot or its description, you release Traina Interactive and its affiliates (and each of their directors, officers, agents, representatives and employees) from any claims, demands and damages (whether direct, indirect, incidental, punitive or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRAINA INTERACTIVE, THE SELLER AND EACH OF THEIR AFFILIATES AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION FOR LOST PROFITS, REVENUES OR DATA), ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITES, THE INABILITY TO USE THE SITES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON OR THROUGH THE SITES. TRAINA INTERACTIVE SHALL HAVE NO LIABILITY FOR ERRORS APPEARING ON THE SITES. TRAINA INTERACTIVE’S COMPUTER LOG SHALL CONSTITUTE THE OFFICIAL RECORD OF ALL TRANSACTIONS, AND ALL DECISIONS BASED ON SUCH LOG SHALL BE FINAL. ANY ERRORS SHALL BE RESOLVED ONLY ON AN INDIVUDIAL BUYER BASIS.
Traina Interactive grants a limited license to each user of the Sites to make personal use only of the Sites for purchasing property on the Sites. This license expressly excludes, without limitation, any resale or commercial use of the Sites, the collection and use of participant email addresses or other participant information, ratings or listings, or any data extraction or data-mining whatsoever, including without limitation the reproduction of images found on the Sites for any use other than viewing the property for purposes of considering a potential purchase.
Notice of Intellectual Property Rights
"Traina Interactive," "IfOnly," “Luminary Lane,”and all related logo's, are registered trademarks or trademarks of Traina Interactive. All graphics, logos and service names are trademarks and/or copyrights of Traina Interactive. These trademarks may not be used in connection with any product or service that is not Traina Interactive's in any manner that is likely to cause confusion to the public, in any manner that disparages or discredits Traina Interactive or any participants in any of its sales, or in connection with any other commercial purpose.
All content included on the Sites, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Traina Interactive, the Seller or other content suppliers and is protected by U.S. and foreign copyright laws and international conventions. As between you and Traina Interactive, the compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of Traina Interactive and is protected by U.S. and foreign copyright laws and international conventions. All software used on this Site is the property of Traina Interactive or its software suppliers and is protected by U.S. and foreign copyright laws and international conventions. The content and software on the Sites may be used only as a shopping resource for the Sites. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Site, is strictly prohibited.
To be effective, notices to Traina Interactive relating to these Terms, the Sites or any transaction conducted on or through the Sites must be given in writing and must be sent to the intended recipient by registered letter or receipted commercial courier at the following addresses: Traina Interactive Corp., 150 Green Street, San Francisco, CA 94111. Traina Interactive may change its address for notices by posting the new address on the Sites.
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of any remaining provisions. Traina Interactive's failure to exercise or forbearance from exercising any rights or remedies, or failure to enforce or forbearance from enforcing, the strict performance of any provision of these Terms, will not constitute a waiver of Traina Interactive's right to exercise such rights or remedies or enforce such provision or any other provisions of these Terms in that or any other instance. Any waiver of any provision of these Terms by Traina Interactive must be made in writing and signed by an authorized representative of Traina Interactive specifically referencing these Terms and the provision to be waived.
These Terms constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.
B. PROVISIONS RELATING TO BUYERS
By placing an offering to buy any property or lot, you irrevocably agree to pay the Total Purchase Price for the property or lot if you are the successful Buyer. Once you place an offer, you may not cancel it UNLESS it has not yet been approved by the relevant Seller. Each successful offer that has been approved by the Seller creates a binding obligation on you, as Buyer, enforceable by both Traina Interactive and the Seller, to pay fully and promptly all sums due and perform any other conditions of completion with respect to the applicable sale. Upon completion of a sale on the Sites, Traina Interactive will complete a buyer statement on the Seller’s behalf, including shipping costs and transit insurance charges and transmit it to the Buyer. It is the Buyer’s responsibility to review any buyer statement or other confirmation email to verify the accuracy of the information relating to the property. In addition to, and without limitation of, the rights of Traina Interactive pursuant to these Terms, once a transaction has been approved by the Seller, each Buyer (a) specifically authorizes Traina Interactive to charge such Buyer's credit card up to the amount required to finalize any transaction in accordance with these Terms and (b) specifically acknowledges that if Traina Interactive is unable for any reason to collect funds sufficient to completely cover the costs of any transaction to which such Buyer is a party, Traina Interactive reserves the right to turn such matters over to collection agencies.
Upon completion of a sale on the Sites and determination by Traina Interactive that you are the successful Buyer for property or a lot, you will be liable to pay the purchase price for such property or lot. All registered users are required to provide Traina Interactive with their credit card details at the time of initial purchase, and to authorize Traina Interactive (on behalf of the Seller and Charity, if applicable) to process a charge or charges on their credit card in the amount of the Total Purchase Price for any property or lot for which they are the successful Buyer.
Packing and Shipping
As per Traina Interactive’s shipping, returns and refunds policy, if you are the successful Buyer, you are obligated to pay the cost of packing and shipping (including applicable insurance) the property or lot to you. Working through Traina Interactive, you are also responsible for the cost of insuring the property or lot while in transit to you. Potential Buyers should also be aware that packing and shipping costs may be substantial, particularly if the property or lot is of large size or weight, or requires special packing due to its fragility or construction. Traina Interactive may provide general guidelines to assist potential Buyers in determining the costs of shipping, packing and insurance, but these are guidelines only and may change materially based on the location to which the property or lot will be shipped. Neither Traina Interactive nor the Seller is responsible for the acts or omissions of carriers or packers of purchases. Packing and handling is at the entire risk of the Buyer. Traina Interactive or Seller will automatically ship the proprty or lot to the Buyer in the manner required under these Terms and by a method deemed reasonably appropriate to safely deliver the purchased property or lot to the Buyer, and subject to the standard terms of business of the shipper employed. The Buyer will be charged for such shipment, packing and insurance. Please be aware that the Seller may not be able to accommodate your request for alternative shipping or delivery arrangements. Buyer must supply a street address for delivery of property purchased by them on the Sites. Neither Traina Interactive nor the Seller will ship property to a post office box. Neither Traina Interactive nor any Seller has any obligation to ship any property or lot to a location where delivery of the lot is restricted or prohibited by applicable law.
Buyers should note that transit insurance for shipments generally does not cover loss or damage caused by wear and tear, gradual deterioration, moths, vermin, inherent vice, restoration or retouching; or any damage sustained due to any hostile action, seizure or destruction under quarantine or customs regulations, confiscation by order of any government or public authority, nuclear reaction or nuclear radiation whether controlled or uncontrolled; or any loss or damage attributable to willful misconduct of the assured.
In the event of loss or damage to a shipment, the Buyer must retain all packing materials and any of the contents of the package(s) and contact the shipping service in order to make a claim.
If the shipment is outside the United States, Buyer is responsible for any and all customs duties or refusals to allow the shipment to the location specified of such goods.
Voluntary Shipping Delay
In some cases, You may request to delay shipment of the property or lot purchased so that it will arrive on a certain day or after a certain day (e.g., a gift on a birthday or a holiday). If you request delayed fulfillment of any property or lot, You permit Traina Interactive and/or the seller of the offering to charge You for the order on the date that You submit your order that includes a request to delay shipment or fulfillment of such property or lot.
Additionally, in some cases, Traina Interactive and/or the seller of the offering may request to delay shipment of the property or lot purchased. If You agree to delay shipping, You also permit Traina Interactive and/or the seller of an offering to charge You for the order on the date that You submit your order confirming your agreement to delay shipment or fulfillment such property or lot."
Transactions Involving Alcoholic Beverages
Alcoholic beverages may only be purchased by individuals, including without limitation Buyers, who are at least twenty-one (21) years old (“Legal Age”). At the time of delivery of any lots containing alcoholic beverages ordered by Buyer using the Sites, the shipper will require the signature of an adult possessing identification proving he or she is of Legal Age. If you are a Buyer, you expressly represent and warrant that: (i) you are of Legal Age; and (ii) you will provide bona fide identification showing your Legal Age to the shipper of any lots that include Alcoholic Beverages.
Traina Interactive does not charge any fee with respect to Alcoholic Beverages or Buyer’s purchase of Alcoholic Beverages from retailers. When Customer places an order for Alcoholic Beverages using the Sites (“Alcoholic Beverage Order”), such Alcoholic Beverage Order will be either accepted or rejected by the retailer to whom the Alcoholic Beverage Order was placed (“Alcohol Seller”). Neither Traina Interactive nor any celebrity or luminary has any authority to accept Buyer’s Alcoholic Beverage Order, and no sale pursuant to Buyer’s Alcoholic Beverage Order will become final unless and until Alcohol Seller accepts Buyer’s Alcoholic Beverage Order. For any Alcoholic Beverage Order accepted by Alcohol Seller (such accepted sale an “Alcoholic Beverage Purchase”), Buyer’s credit card shall be charged, and the funds from Buyer’s credit card payment that relates to the Alcoholic Beverage Purchase shall be deposited into an account for the benefit of Alcohol Seller in compliance with applicable alcoholic beverage laws.
C. EVENTS OUTSIDE THE UNITED STATES
Only for events that physically take place outside the United States, Traina does not act as an intermediary between the Seller and Buyer. For events that take place outside the United States, Traina or an affiliated entity shall sell the event opportunity in its own name and for its own account.
In addition, and subject to the taxation rules of the country where the event is held, Traina reserves the right to add the applicable amount of local taxes (such as Value-Added Tax) to the bid amount. Otherwise, these Terms apply as if the event would have been held within the United States.
Should you have any questions, please contact us.