Welcome to Whole Auction! The following explains the legal relationship between you and Whole Auction, WholeAuction.com, Whole Auction Online, Whole Auction Packaged and Whole Auction Management - referred to as Whole Auction and applies to your use of Whole Auction online auction services and software (collectively, the “Software”).

Whole Auction, Wholeauction.com, Whole Auction Online, Whole Auction Packaged and Whole Auction Management are all owned and operated by The Auction Registry LLC, a Oregon limited liability company.

Whole Auction, through an agreement with Northworld LLC, uses and distributes exclusively modified Northworld LLC software as Whole Auction branded software product.

Please read these TOU and indicate your acceptance by typing the word ‘yes’ into the space provided. This license agreement represents the entire agreement between you and Whole Auction, and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to be bound by these Terms of Use, do not access the Whole Auction Web site (the “Site”) or use the Software.

Whole Auction brands and distributes software that is owned by Northworld LLC and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Northworld LLC software is licensed only for use during the Service Agreement period, and not sold.

1. Whole Auction When you participate with any Whole Auction solution you are also electing to be part of the Whole Auction Service, by doing so you will receive email from Whole Auction. If at any point you no longer wish to receive these email from Whole Auction, then you may use the unsubscribe link at the bottom of the email.
2. Auction Bidding and Payments If you intend to (bid) buy an item offered in a fundraising event hosted by Whole Auction, Whole Auction Management or any online auction hosted by Whole Auction, you agree that you are obligated to complete the transaction with the seller (unless the transaction violates the law or these Terms) If: (1) you are the highest bidder for an item at the end of an auction (assuming you meet any minimum bid or reserve requirements for the specific auction), and your bid is accepted by the seller; or (2) you purchase an item that is offered for a fixed price,(such as a “Buy Now” option) Payment will be due immediately upon the completion of the auction for your item. If applicable, you agree to pay any sales or use tax on your purchase, as well as any shipping or delivery charges. You should be aware that the seller may include sales conditions or other terms in the item’s description. You should be sure to read the description carefully, because by bidding on the item you are agreeing to all the terms contained in the description (unless any of the terms violate these Terms or applicable law). Buyers cannot retract their bids. Anyone registering to bid in an auction hosted by Whole Auction must be at least 18 years of age. By registering with Whole Auction, you are confirming that you are at least 18 years old.
3. Privacy Policy By accepting these Terms of Use, you acknowledge that you have read, understood and accepted Whole Auction’s Privacy Policy. Whole Auction may change its Privacy Policy at any time upon notice to its users.
4. Taxes If there are taxes, other governmental charges or any other fees associated with your purchase, these will be your responsibility to pay. (Please consult your tax adviser on this)
5. Site Requirements The Software (WholeAuction.com, Whole Auction, Whole Auction Packaged and Whole Auction Management) and the Site are available only to users who are 18 years of age or older. Users must have a valid email address and a valid credit card. You are responsible for complying with all applicable requirements and local laws. And as such you agree to reimburse Whole Auction for any costs or damages which Whole Auction may incur relating to these requirements or otherwise arising from your noncompliance with these requirements. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Whole Auction customer, employee, member, partner, client, or officer will result in immediate account termination.
6. Software You understand without objection that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve: a. transmissions over various networks; and b. changes to conform and adapt to technical requirements of connecting networks or devices. You must not transmit any worms or viruses or any code of a destructive nature.
7. Fulfillment In the chance that Whole Auction, or any organization using Whole Auction to host their Auction is prevented by fire, theft, or any other reason from delivering any Item to the winning Bidder, Whole Auction’s, or any Whole Auction Customer’s, liability shall be limited to refunding the amount received by Whole Auction, or Whole Auction Customer, for the Item, and shall in no event include any incidental or consequential damages. Winning Bidders typically receive their Items within two weeks to one month following Whole Auction’s, or Whole Auction Customer’s receipt of full payment for the Item. Exceptions are for custom items and these are noted in the item descriptions.
8. Payment, Period of Use, and Refunds The Period of Use is 12 months with the receipt of full payment constituting the beginning of the period. The Service is billed in advance on a yearly or single event basis and is non-refundable. There will be no refunds or credits for partial years of service, or years unused with an open account. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
9. Additional Terms and Conditions All additional and separate Terms and Conditions applicable to individual items listed or offered in the fundraiser such as Travel Packages, Certificates of Travel, and Winners Forms, apply separately and without exception to the winning bidder or the person receiving the item.
10. Links Whole Auction may contain links to third-party Web sites and other resources. Whole Auction assumes no responsibility for the availability or content of these outside sites and resources.
11. Security Please notify Whole Auction’s administrator at support@wholeauction.com promptly in the event of any known or suspected loss, theft or unauthorized disclosure of your log-in, password or any other personal information. Users are responsible for maintaining the confidentiality and security of this information.
12. Right to Use the Site and Software As long as you comply with these Terms, Whole Auction gives you the right to use the Site and the Software. You agree that the Software is valuable to Whole Auction, and Northworld LLC (and constitutes a proprietary trade secret of Whole Auction, and Northworld LLC, under the law) and that Whole Auction, and Northworld LLC retains all intellectual property rights to the Software and to any related materials, information and processes. These are the only rights granted to you. You agree not to modify, copy, disclose, reverse-engineer, decompile, disassemble or create derivative works from the Software or disclose or provide access to the Software to anyone else. You agree not to remove or modify any of Northworld’s copyright and other proprietary notices included with the Software.
13. Events or Unforeseen Circumstances Each party acknowledges and agrees that unforeseen events may happen – examples: (wars, riots, labor strikes, natural disasters, weather, acts of God, the infrastructure of the Internet, or any law, regulation or other act or order of a court or government agency), under these circumstances neither party should be responsible if it cannot meet its obligations as a result of such an event. Please contact us for further details on refunds.
14. Breach We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your account, and remove any information you place on the Web Site if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us.
15. General Compliance with Laws You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Services.
16. Sales are Final All sales are final and all merchandise is provided “As Is”. Item’s may have slight variances from actual picture. Items are sold as “New” unless otherwise noted.
17. Changes of TOU Whole Auction reserves the right to change these Terms of Use at any time upon notice to users. Your continued use of the Services following a change notice shall be acknowledgement that you have acceptance of any such modification. If you do not agree to any modifications of these Terms of Service, you must immediately cease your use of the Services and contact Whole Auction.
18. Contributing to the Site Whole Auction has a goal to foster the fundraising efforts of non profit’s through out the world. As we offer other online auction services in the future, the following rules apply to all users. Whole Auction users may not contribute or post messages or descriptions which would be offensive to other users. WholeAuction does not monitor every communication posted on the site. Upon notification of inappropriate material, Whole Auction reserves the right to remove the content without notice to the contributor. For items listed by NPO (non-profit organizations) Whole Auction is not responsible for the content or accuracy of the items and expresses no warranties of these items. Whole Auction will not be held responsible for typographical or graphical errors from items that have been listed by NPO’s.
19. Legal Disclaimer NEITHER PARTY MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE), IN CONNECTION WITH THESE TERMS. NEITHER PARTY WILL HAVE ANY LIABILITY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF SUCH PARTY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. WHOLE AUCTION’S AGGREGATE LIABILITY FOR MONETARY DAMAGES OF ANY KIND WILL NOT EXCEED THE AMOUNTS PAID BY YOU IN CONNECTION WITH THE PARTICULAR DISPUTE. THESE LIMITATIONS SHALL NOT APPLY TO EACH PARTY’S RIGHTS UNDER APPLICABLE INTELLECTUAL PROPERTY LAWS.
20. Limitation of Liability
    1. You agree that Whole Auction has no liability, whatsoever, for
       a. content that you or an End User access from the Internet;
       b. for unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information or content, transmitted, received, or stored on our system; and/or
       c. for your inability to access the publicly switched telephone network.
    2. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
    3. You understand that Whole Auction uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

IN NO EVENT WILL WHOLE AUCTION LIABILITY HEREUNDER EXCEED THE FEES ACTUALLY RECEIVED BY WHOLE AUCTION FROM YOU FOR THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. FOR THE PURPOSES OF THIS PARAGRAPH ONLY, THE TERM WHOLE AUCTION SHALL BE INTERPRETED TO INCLUDE WHOLE AUCTION'S EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, AFFILIATES, AND THIRD PARTIES PROVIDING SERVICES TO YOU THROUGH WHOLE AUCTION