Family LifeCare Auction Disclaimer

Effective Date: October 1, 2017

1. General / Overview
The following Terms & Conditions shall apply to the relationship between Family Hospice of Northeast Indiana, Inc., dba Family LifeCare, and the end user (“You”, “Your” or “Registered User”). By using Family LifeCare’s website, You accept these Terms & Conditions, as well as the manner in which Family LifeCare’s fundraiser operates.

These Terms & Conditions constitute the entire agreement between Family LifeCare and You and supersede and replace all prior commitments, undertakings or representations, whether written or oral, between You and Family LifeCare with respect of Your use of Family LifeCare’s website.

Information on Family LifeCare’s website, such as “Help”, “How it Works” or “About Us” sections, are only recommendations and are not intended as rules or guidelines. Family LifeCare is not liable or responsible for the actions of users or other individuals who have read or been informed of such information or other written material.

If you have any questions, concerns, or comments about our Terms & Conditions, please email us at support@familylifecarein.org.

2. Acceptance of Terms & Conditions
By accepting these Terms and Conditions and/or registering with familylifecarein.org You confirm that:

  • You are eligible to use Family LifeCare’s bidding site as specified in the Eligibility section;
  • You have had the opportunity to review the information regarding the use of Family LifeCare’s website such as “Terms and Conditions”,  “Privacy Policy”, “How It Works”  and “Help” or have chosen not to do so;
  • You have had the opportunity to ask questions regarding the use of Family LifeCare website by telephone or email and to have those questions answered;
  • You agree to be bound by these Terms and Conditions.

If You do not agree to the Terms & Conditions, you will not be able to use Family LifeCare’s website for bidding.

3. Changes to Terms & Conditions
Family LifeCare reserves the right to change these Terms & Conditions at any time without any notice. It is Your responsibility to review these Terms & Conditions for changes each time you visit familylifecarein.org.

4. Eligibility
By accepting the Terms & Conditions and/or registering with Family LifeCare, You confirm that You are at least 18 years of age and at least age of majority under applicable laws of the country, state, city, or other jurisdiction (each, a “Jurisdiction”) of Your residence, that You can engage in a binding contract, and that You meet all other eligibility requirements contained in these Terms & Conditions. By using Family LifeCare, You warrant that You have the right, authority, and capacity to enter into this agreement and to abide by all of the Terms & Conditions.

You must reside in one of the 50 states of the United States.

A single credit card may not be used in conjunction with multiple user accounts. Family LifeCare limits the number of user accounts per natural person to one (exceptions may apply – contact customer support with any questions at support@familylifecarein.org).

You may not participate in collusion with other users. Family LifeCare reserves the right to permanently close the accounts of users suspected of collusion. If Your account has been closed due to suspicion of collusion, You will no longer be able to participate in future on-line events.

5. Registering
You may register only once with Family LifeCare, and You must provide a postal address where You reside (P.O. boxes or similar arrangements are not permitted). You agree not to have more than one account. You must not provide misleading information when registering. You may not collude to exchange information with other users. Your chosen username must not be offensive, rude, disparaging, or intended to deceive or delude other users. Your username may not advertise for other websites or services or otherwise violate the intellectual property rights of any third party.

If Family LifeCare receives information that Your username is illegal or in breach of these Terms & Conditions as evaluated in Family LifeCare‘s sole discretion, Your user account may be frozen until You change the username. Family LifeCare also may permanently close Your account without prior notice to You for violating these Terms & Conditions.

You are responsible for keeping Your user account password confidential. Family LifeCare will never ask for Your password except during login. You should never provide Your password to anyone, including Family LifeCare‘s employees. User accounts are non-transferable. Only You may use Your user account. You agree to be liable for all offensive or unlawful activities that are undertaken using Your user account.

6. Account Termination
Family LifeCare reserves the right to temporarily or permanently terminate Your account at Family LifeCare’s sole discretion if it determines or suspects You have violated these Terms & Conditions, any laws, or the rights of our other users or other third parties. Examples of unauthorized usage include, but are not limited to, the use of unauthorized third-party bidding or bid tracking software, the creation of multiple accounts by the same individual or other fraudulent account activity or behavior. You agree that if Family LifeCare, in good faith and in its sole discretion, determines that You have breached these Terms & Conditions, Family LifeCare may withhold and cancel any and all of Your pending bids.

7. Acceptance of the Win / Payment
After You have been notified, You must actively confirm and pay the total price including shipping for the won auction item. You agree that the item shall remain Family LifeCare’s property until Family LifeCare receives payment in full.  If an auction win has not been confirmed and paid within seventy-two (72) hours of the notification, Family LifeCare may withdraw the offer to conclude the order and permanently revoke the winner’s right to pay for and receive the item.

8. Returns / Cancellations
All items are sold AS Is.  Some items may vary in style or color.  No refunds or exchanges.

9. Product Description
Family LifeCare does its best to provide Product Descriptions which are as accurate as possible. The information may contain printing errors or incorrect elements. Therefore, product information must not be considered as a Family LifeCare declaration of the technical characteristics of a product. The published market values are basic estimates made by Family LifeCare, and may be different due to the nature of commerce and ever-changing prices.

10. Disclaimer of Warranty and Liability Regarding Use of Family LifeCare
You agree that the use of Family LifeCare’s website is at Your sole risk. Neither Family LifeCare nor any of its officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), or any third party who provides products or services purchased from or distributed by Family LifeCare, or the like, warrant that websites affiliated with Family LifeCare, including, but not limited to, Family LifeCare, will be uninterrupted, error-free, or free of viruses, worms, trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products, and services published on Family LifeCare may contain inaccuracies or typographical errors. Family LifeCare makes no warranty as to the results that may be obtained from the use of Family LifeCare or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Family LifeCare. Family LifeCare shall not be responsible for any opinions, views, advice, or statements posted on Family LifeCare (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorized Family LifeCare spokesperson. Advertisers, content providers, users, guests, independent writers, and experts are not authorized Family LifeCare spokespersons. At no time should the opinions, views, advice, or statements provided by advertisers, content providers, users, guests, independent writers, or experts be relied upon for important personal decisions without independent verification.

YOUR USE OF FAMILY LIFECARE WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FAMILY LIFECARE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

FAMILY LIFECARE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF FAMILY LIFECARE, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM USE OF FAMILY LIFECARE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. WITHOUT LIMITING THE FOREGOING, FAMILY LIFECARE DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FAMILY LIFECARE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

THE LIMITATIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY RELIANCE ON ANY INFORMATION OBTAINED FROM FAMILY LIFECARE OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT FAMILY LIFECARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS LIMITATION SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH FAMILY LIFECARE.

THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM ASSEMBLY, USE OR MISUSE OF OR RELIANCE ON FAMILY LIFECARE SERVICES OR ITEMS PURCHASED THROUGH FAMILY LIFECARE, FROM INABILITY TO USE FAMILY LIFECARE’S SERVICES OR ITEMS PURCHASED THROUGH FAMILY LIFECARE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF FAMILY LIFECARE’S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

If You are dissatisfied with any portion of Family LifeCare, You should discontinue Your use of Family LifeCare.

11. Disclaimer of Warranty and Liability Regarding Purchases from Family LifeCare
Family LifeCare hereby disclaims any and all liability from claims arising from trip packages offered on the Family LifeCare site. Family LifeCare will not be liable for any damages or injuries, whether physical or emotional, that occur or are received during a trip purchased on the Family LifeCare site. Family LifeCare is not liable for flight delays, loss of baggage, or other losses that occur during a trip offered on the Family LifeCare site.

All new products are sold with the manufacturer’s limited warranty only. Family LifeCare warrants solely that the products sold to You under these terms shall have the characteristics specified in Family LifeCare’s specifications for such products as set forth in the description of each auction and assumes no further warranties. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request to Family LifeCare. Warranty is excluded for the delivery of any used products.

EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, FAMILY LIFECARE MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY FAMILY LIFECARE OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

YOU AGREE THAT FAMILY LIFECARE SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE USE, IMPROPER HANDLING, MODIFICATION, OR MISUSE OF THE PRODUCTS BY YOU OR ANY OTHER PERSON FOLLOWING DELIVERY BY FAMILY LIFECARE. IN NO EVENT SHALL FAMILY LIFECARE BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE, AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.

12. Indemnity
You agree to indemnify, defend, and hold Family LifeCare and its members, managers, shareholders, directors, officers, employees, agents, affiliates, licensors, and other partners (collectively, the “Indemnified Persons”) harmless from any loss, cost, expense, liability, claim, or demand, including reasonable attorneys’ fees, suffered by any Indemnified Persons due to, arising out of, or in connection with:

  1. Your use of Family LifeCare’s website;
  2. any violation of these Terms & Conditions by You or any person acting in collusion with You;
  3. any violation of applicable law or court order by You, and;
  4. any negligence or willful misconduct by You.

13. Service and Support for Products Purchased
All requests for technical service and support on products purchased on Family LifeCare should be made directly to the manufacturer in accordance with their Terms & Conditions.

14. Applicable Law / Severability Clause
This Terms & Conditions Agreement and Your use of Family LifeCare shall be governed by state and federal laws. Any court proceeding related to this website or these Terms & Conditions may be brought only in the state of Indiana. You agree to accept the jurisdiction of such courts.

VOID OUTSIDE OF THE UNITED STATES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If You open an account or participate in auctions offered by Family LifeCare while located in a prohibited jurisdiction, You will be in violation of the law and these Terms & Conditions and subject to having Your account suspended or closed permanently. You agree that Family LifeCare cannot be held liable if laws applicable to You restrict or prohibit Your participation.

If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of these Terms & Conditions shall remain in force and effect and such invalid, unenforceable or void provisions will be deemed to be modified so as to effect the original intent of these Terms & Conditions as closely as possible.

15. Protection of Data: Collection, Processing, and Use of our Customers’ Personal Information
The protection of Your data is very important to us. For more information on the collection, processing, and use of personal data, please read our Privacy Policy.

16. External Links
Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for Your convenience and do not constitute an endorsement or approval of these websites. We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.

17. Waiver
Any waiver of any provision by Family LifeCare of the Terms & Conditions or Privacy Policy will be effective only if in writing and signed by Family LifeCare.