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Vision Productions, Inc. Billy Wayne Ministries Festival of Trees Online Auction
If you need to register to bid, click here.
Once an item is paid for at the "Buy Now" price, it is removed from this site. They are going quickly! Buy now!
To buy now, place your bid on this site, go to the catchthe.vision website and pay for the item, and email vol@billywayne.net.
It will then be considered sold and removed from further bidding.
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New User Registration - Legal Disclaimer (Page 1)

IMPORTANT Ė PLEASE READ

ONLINE AUCTION USER TERMS AND CONDITIONS

THIS ONLINE AUCTION WEBSITE BY VISIONS PRODUCTIONS, INC. ("VPI") IS MEANT TO BE USED BY YOU ONLY FOR THE PURPOSE OF VIEWING, BIDDING, AND PURCHASING THE PRODUCTS DISPLAYED ON THIS ONLINE WEBSITE. THE TERMS AND CONDITIONS OF THE USER AGREEMENT APPLY TO YOUR USE OF THIS WEBSITE AND BY CLICKING ON THE "I ACCEPT" BUTTON, OR BY ACCESSING THIS WEBSITE, PLACING A BID, OR OTHERWISE USING THE VIP ONLINE SERVICES, YOU HAVE AGREED TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THE USER AGREEMENT, WHICH FORM FOR A LEGALLY BINDING CONTRACT BETWEEN YOU AND VPI. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THE USER AGREEMENT, YOU SHOULD CLICK ON THE "I DECLINE" BUTTON AND IN ANY EVENT DO NOT ACCESS OR USE THIS WEBSITE AND THE ONLINE SERVICES PROVIDED.

USER AGREEMENT

Terms And Conditions

"You," "Your," "Bidder" means the User "We" or "Us" means VPI. Browsing: User cannot enter the VPI OnLine Auction without agreement to the User Agreement. User may browse the Website at any time without registering. To place a bid, User is required to register by completing the online "User Registration Form" on the Website and submitting it to VPI by clicking on the "Register" link. Registration and browsing for items is free.

To Begin Placing A Bid: To bid on VPI's Online Auction Items, User must first register and input essential requested information. A bidder must provide a valid email address, home address, and contact number to register. User agrees to ensure that User's registration information is accurate and up to date. User warrants and represents that all information supplied by User on the VPI OnLine Auction or to us is true, authentic, and accurate.

Bidding: All bids are subject to acceptance or rejection by VPI in its sole discretion. By placing a bid on an item, User understands that if User's bid is accepted, User is legally responsible for paying for the item and may not retract your bid. User's failure to complete the transaction is a breach of the User Agreement and may be legally actionable by VPI. User assumes all risks associated with bidding via the VPI Online Auction. Once User confirms a bid, User may not retract the bid. VPI OnLine Auction is entitled to set applicable minimum bids, minimum bid increments, or reserve requirements and are entitled to change these during the auction period. If an auction subject to a reserve ends and the reserve price is not met, the User and VPI are released from any obligation to complete the transaction. If the reserve price is not met after the close of the auction, VPI reserves the right within its sole discretion to offer the item to the highest bidder, and if declined by the highest bidder, to any other bidders for the item. If a reserve price is met, the item will be sold to the highest bidder exceeding the reserve price. A high bidder on line is not an indication that the bidder is a winning bidder. You will be notified at your email address that you are the high bidder on-line. Your high on-line bid will be bid uo to this amount for you at the live auction on September 9 beginning at 5 pm EST. If you are the winning bidder at the conclusion of the live auction, you will be notified by email and/or telephone from the registration information you provide that you are the winning bidder. Contact with you is not a condition precedent or subsequent to entering a valid binding contract. Whether or not VPI successfully contacts the winning bidder by telephone or email, the winning bidder is obligated to pay the full bid amount, along with shipping charges, applicable taxes and applicable shipping insurance. In its sole and absolute discretion, and with or without notice to bidders, VPI has the right to accept any or all bids, reject any or all bids, advance bidding, alter bid closing times, alter posted quantities, remove items from sale, continue bidding, re-offer and/or resell any item. All payments are to be made in US Dollars, and all items are prices or bid in US Dollars. Payment will only be accepted by a valid Credit Card or a PayPal Account, or in person by cash, money order, or credit card. Payment by mail, or payments in person by personal check are not accepted.

Sniping: VPI does not support the practice of sniping, where bidders place bids within the final few minutes of an auction and do not allow other bidders time to respond. Any auction will remain open for the time period specified. VPI reserves the right, within its sole discretion, to automatically extend the fixed time in one or more 15 minute increments if the highest bid is submitted within 15 minutes of the close of fixed time to allow time for responses and final bids.

Shipping: All products will be shipped via US Postal Service, registered mail return receipt requested, unless otherwise specified by VPI OnLine Auction. All shipping charges will be incurred by winning bidder and automatically billed to the winning bidder's Credit Card or PayPal Account. The winning bidder may elect to pick up and collect the item from VPI within five (5) days of the close of the auction, or the item will be shipped via US Postal Service. VPI shall not be responsible for damage to items shipped. Therefore, we recommend that you insure the items shipped. All insurance charges are the responsibility of the User, billed to User's Credit Card or PayPal account. Ownership Title to the goods passes to the winning bidder upon successful payment. Risk of loss to items passes to winning bidder when title passes to winning bidder. Winning bidder is advised to purchase insurance to cover the risk of loss to goods during such time that VPI stores the goods pending shipment.

Verification: It is in the bidder's best interest to print a copy or write down the listing number of each auction item bid on, or the listing number of any winning bid. In case the bidder's auction item is affected by a technical malfunction, without the listing number, VPI may not be able to investigate the situation and verify that you, the User/bidder, have placed a bid or have the winning bid. It is the sole responsibility of the user to maintain the auction listing number or numbers.

Sole Arbiter: VPI is the sole arbiter as to successful bidders and purchasers, and as to all disputes that may arise. All goods or services sold through this VPI Online Auction Website are strictly NON-REFUNDABLE and NON-EXCHANGEABLE unless otherwise explicitly stated in the individual item descriptions.

Failure of Performance: If for any reason VPI is unable to contact you in person or receive confirmation via email from you within forty eight (48) hours of the close of the auction, or there is a problem with your payment, or you elect but do not pick up the item within five (5) days of the close of the auction, VPI shall be entitled, within its sole discretion, to re-auction, offer to the next highest bidder, sell, transfer, use, or otherwise dispose of the item without a refund or credit to the User's credit card. VPI shall not be under any obligation to ship the item to you or make the items available to you if any of these previously stated events occurs. Your failure to perform does not constitute a cancellation of your obligations under the User Agreement.

Eligibility For Participation: Bidding is available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, bidding by minors is not available and prohibited. User must have the authority to enter into billing arrangements. If User does not qualify, please do not bid. User represents that he/she is 18 years of age or older and is eligible to enter into binding contracts.. User is responsible for all charges associated with connecting to the VPI Online Auction website. User is responsible for obtaining all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the VPI Online Auction website.

General Compliance With Laws: User shall comply with all applicable laws, statutes, ordinances and regulations regarding User's use of our service and User's bidding on and purchasing items.

Copyrights: The entire contents of VPI Online Auction are copyrighted as a collective work under applicable United States Copyright laws, state laws, and common law. User may not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, for any reason without the express written consent of VPI. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of VPI. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.

Trademarks: VPI's logos, artistic renderings, and web layout are the trademarks or trade dress of VPI. No right or license to use the VPI logos, trademarks, artistic renderings, or web layout are granted.

No Agency: No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

Breach: In addition to any and all other remedies available to VPI, VPI may terminate User's participation and any of User's current bids immediately if User breaches this agreement or if VPI is unable to verify or authenticate any information User provides to VPI or believe that any of User's activities may cause legal liability to VPI. Further, VPI reserves and may pursue all rights and remedies available under applicable law in case of breach of any of User's obligations. Privacy Of User Information: User information includes any information a User provides to us in the registration field. VPI will not share, distribute, or sell a User's personal information to outside organizations. We collect and store a User's name, address, and other basic information in order to fulfill and bill the winning bids in our online auction. You are solely responsible for your information, and we act as a passive conduit for your on-line distribution and publication of your information. However, we reserve the right to take any action we deem necessary or appropriate in our sole discretion with respect to such information we believe may create liability for us or may cause us to lose (in whole or in part) the services of our Internet Service Providers or other suppliers.

Modifications To The User Agreement: VPI may modify or amend the terms of this User Agreement at any time. This Agreement may not otherwise be amended. VPI may terminate or alter the auction website at any time. This includes, but is not limited to, (1) restricting the time of availability, (2) restricting the amount of use permitted, (3) restricting or terminating any User's right to use or bid on VPIís website, at VPIís sole discretion, and without prior notice or liability. VPI may terminate or alter the auction website at any time. This includes, but is not limited to, (1) restricting the time of availability, (2) restricting the amount of use permitted, (3) restricting or terminating any User's right to use or bid on VPIís website, at VPIís sole discretion, and without prior notice or liability.

No Warranties or Assumption of Liability: NEITHER VPI NOR ITS OFFICERS, TRUSTEES, EMPLOYEES, ITS AFFILIATES, AGENTS, THIRD PARTY INFORMATION PROVIDERS, MERCHANTS, DONORS, OR THE LIKE, MAKE ANY WARRANTY, REPRESENTATION, OR GUARANTEE: THAT VPI ONLINE AUCTION WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; THAT SECURE ACCESS TO THE VPI ONLINE AUCTION SITE IS PROVIDED; OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE VPI ONLINE AUCTION WEBSITE; AS TO THE COMPREHENSIVNESS, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE VPI ONLINE AUCTION WEBSITE. NO WARRANTY IS PROVIDED AS TO GOODS OR SERVICES PURCHASED. ALL WINNING BIDS ARE COMPLETED TRANSACTIONS AND ARE FINAL. THE GOODS AND SERVICES PURCHASED FROM VPI ONLINE AUCTION ARE ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, INCLUDING THE SAFETY OF ANY GOODS OR SERVICES, EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY UNLESS A MANUFACTURER'S WARRANTY IS EXPRESSLY SET FORTH WITH THE ITEM FOR SALE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VPI, ITS OFFICERS, TRUSTEES, EMPLOYEES, ITS AFFILIATES, AGENTS, THIRD PARTY INFORMATION PROVIDERS, MERCHANTS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL ANY USER RELY ON SUCH INFORMATION OR ADVICE. WINNING BIDDER RELEASES AND HOLDS HARMLESS VPI AGAINST ALL RISK OF LOSS OF GOODS FOR WHATEVER REASON, INCLUDING FIRE, FLOOD, THEFT, STORM, VANDALISM, OR WHATEVER CAUSE, WHETHER DUE TO THE SOLE OR PARTIAL OR CONTRIBUTORY NEGLIGENCE OF VPI. LIMIT OF LIABILITY:

IN NO EVENT SHALL VPI, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE VPI ONLINE AUCTION WEBSITE, OR ANY OF THEIR RESPECTIVE OFFICERS, TRUSTEES, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, RELIANCE BY USER ON ANY INFORMATION OBTAINED ON THE VPI ONLINE AUCTION WEBSITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO VPI'S RECORDS, PROGRAMS OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS SECTION SHALL APPLY TO ALL MATERIAL, MERCHANDISE OR SERVICES AVAILABLE THROUGH THE VPI ONLINE AUCTION WEBSITE. CHOICE OF LAW, ARBITRATION, AND JURISDICTION: This agreement shall be governed in all respects by the laws of the State of Tennessee. Any legal controversy or claim arising out of or related to this User Agreement or the use of the VPI Online Auction website shall be conducted in Blountville, Tennessee and the user hereby consents to the jurisdiction of the state and federal courts located in Blountville, Tennessee and the Eastern District of Tennessee, respectively. If for any reason, California law applies and/or you are a California resident, USER WAIVES CALIFORNIA CIVIL CODE ß1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." USER, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS THAT USER MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. USER ACKNOWLEDGES AND AGREES THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY VPI.
I AGREE To Waive
I DECLINE To Waive: Do not proceed further and exit this registration.

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