Common use of Mobile Bidding Services Clause in Contracts

Mobile Bidding Services. (this section applies only if Customer has purchased BidPal’s Mobile Bidding Services) BidPal is providing electronic devices for a fundraising event. BidPal is not engaged as a Commercial Fundraiser or providing Fundraising Counsel. For purposes of this Agreement, "Commercial Fundraiser" means any individual or entity that does any of following for compensation: (i) solicits assets for charitable purposes, (ii) receives or controls such solicited assets, or (iii) employs any compensated person to do items (i) or (ii). For purposes of this Agreement, "Fundraising Counsel" means an entity that for compensation, plans, manages, consults or prepares material for solicitation of assets for charitable purposes. Customer acknowledges and agrees that BidPal is not involved in any actual transaction between third parties, and, as such, has no control over or responsibility for the delivery, quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Customer further acknowledges and agrees that BidPal does not guarantee the accurate completion of any transaction by third parties. As an intermediary, BidPal shall not and cannot be responsible for Customer's organizational dealings with its clients, funders, or other supporters. In the event that a dispute arises among one or more third party users of the Services, or between a buyer and a seller, Customer agrees to release and indemnify BidPal from any and all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If Customer is a California resident, Customer further agrees to waive California Civil Code §1542, which provides: "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." BidPal does not represent or warrant that the Event will be profitable or successful, or that it will achieve any particular result. Nothing in this Agreement shall be construed as BidPal's assumption of Customer's responsibilities and obligations relating to the Event, Customer's general business operations or any other obligation of Customer to third parties.

Mobile Bidding Services. (this section applies only if Customer has purchased BidPal’s Mobile Bidding Services) BidPal OneCause is providing electronic devices for a fundraising event. BidPal OneCause is not engaged as a Commercial Fundraiser or providing Fundraising Counsel. For purposes of this Agreement, "Commercial Fundraiser" means any individual or entity that does any of following for compensation: (i) solicits assets for charitable purposes, (ii) receives or controls such solicited assets, or (iii) employs any compensated person to do items (i) or (ii). For purposes of this Agreement, "Fundraising Counsel" means an entity that for compensation, plans, manages, consults or prepares material for solicitation of assets for charitable purposes. Customer acknowledges and agrees that BidPal OneCause is not involved in any actual transaction between third parties, and, as such, has no control over or responsibility for the delivery, quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Customer further acknowledges and agrees that BidPal OneCause does not guarantee the accurate completion of any transaction by third parties. As an intermediary, BidPal OneCause shall not and cannot be responsible for Customer's organizational dealings with its clients, funders, or other supporters. In the event that a dispute arises among one or more third party users of the Services, or between a buyer and a seller, Customer agrees to release and indemnify BidPal OneCause from any and all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If Customer is a California resident, Customer further agrees to waive California Civil Code §1542, which provides: "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." BidPal OneCause does not represent or warrant that the Event will be profitable or successful, or that it will achieve any particular result. Nothing in this Agreement shall be construed as BidPal's OneCause assumption of Customer's responsibilities and obligations relating to the Event, Customer's general business operations or any other obligation of Customer to third parties.

Mobile Bidding Services. (this section applies only if Customer has purchased BidPal’s Mobile Bidding Services) BidPal OneCause is providing electronic devices for a fundraising event. BidPal OneCause is not engaged as a Commercial Fundraiser or providing Fundraising Counsel. For purposes of this Agreement, "Commercial Fundraiser" means any individual or entity that does any of following for compensation: (i) solicits assets for charitable purposes, (ii) receives or controls such solicited assets, or (iii) employs any compensated person to do items (i) or (ii). For purposes of this Agreement, "Fundraising Counsel" means an entity that for compensation, plans, manages, consults or prepares material for solicitation of assets for charitable purposes. Customer acknowledges and agrees that BidPal OneCause is not involved in any actual transaction between third parties, and, as such, has no control over or responsibility for the delivery, quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Customer further acknowledges and agrees that BidPal OneCause does not guarantee the accurate completion of any transaction by third parties. As an intermediary, BidPal OneCause shall not and cannot be responsible for Customer's organizational dealings with its clients, funders, or other supporters. In the event that a dispute arises among one or more third party users of the Services, or between a buyer and a seller, Customer Xxxxxxxx agrees to release and indemnify BidPal OneCause from any and all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If Customer is a California resident, Customer Xxxxxxxx further agrees to waive California Civil Code §1542, which provides: "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." BidPal OneCause does not represent or warrant that the Event will be profitable or successful, or that it will achieve any particular result. Nothing in this Agreement shall be construed as BidPal's OneCause assumption of Customer's responsibilities and obligations relating to the Event, Customer's general business operations or any other obligation of Customer to third parties.