Call 2 Auction USER AGREEMENT

THE FOLLOWING USER AGREEMENT OUTLINES THE TERMS AND CONDITIONS ON WHICH COMMUNITY TELEVISION FOUNDATION OF SOUTH FLORIDA, INC. (“WPBT”) OFFERS THE GOODS AND SERVICES BEING AUCTIONED. BY USE OF THIS SITE. YOU AGREE TO THE TERMS AND CONDITIONS OUTLINED BELOW.

Important: To bid on WPBT auction items, your registration information must include a valid Credit Card number. Bids cannot be accepted for items without a valid Credit Card number.

During our televised auctions, the auction items available for bidding online will have their final auctioning/sale completed simultaneously online and through the televised portion of the auction process.

“You,” the User, accept and must comply with all the Auction terms, conditions and requirements delineated on this Website, in our Auction brochure, and on the WPBT televised Auction Rules Screen.

1. General Information.
Graphic representations shown are intended to illustrate the general nature of the Auction items and may not be exact representations.

Travel packages with airfare are clearly described as such; otherwise, the airfare is not included in the travel package. Any restrictions or blackout periods will be stated in the item description.

A shipping charge of $9.00 will be charged to the winning bidder  to cover the costs for FEDEX delivery of merchandise/services certificates. Winning bidders for merchandise other than certificates will be charged $14.00 for UPS ground shipping costs. Winning bidders for Items not deliverable by FEDEX or UPS will be charged a special $45.00 delivery fee which will be noted in the item description. A signature will be needed to receive the certificate or package. Winning bidders will need to make arrangements for someone at the shipping address to receive it and sign for it.

2. Bidding. All bids are subject to acceptance or rejection by WPBT, in its sole discretion. By placing a bid on an item, You understand that if Your bid is accepted, You are legally responsible for paying for the item and may not retract Your bid. Your failure to complete the transaction is a breach of this User Agreement, and may be legally actionable by WPBT. Additionally, You understand the bidding on any item on this site may be held in tandem with bidding on the same item live on WPBT television. WPBT will use its best efforts to update the website prior to the live television auction broadcast, and the information on the live television bidding to advise all parties of the highest bid on each item. You assume all risks associated with bidding via the WPBT website. You must provide a valid e-mail address and Your pre-assigned auction bidder number with Your bid.

You must bid at least $20 over the current high bid – even on multiples. Feel free to bid higher as Auction proceeds help fund quality programs that entertain, educate and enrich all year long.

Most items open with a minimum bid of 25% of the value of the item. We will not accept a bid below the suggested minimum. 

Remember: Your bid is Your commitment to buy.

For bidders winning their bid on the WPBT Auction website, You will receive an email confirming You have won the bid.  The credit card You provided will automatically be charged the amount of Your winning bid plus the shipping fee associated with Your item.  Your item will be shipped to the address You registered within 7 to 10 business days.

For bidders winning by telephone during the televised broadcast, a confirming operator will call You to inform You that You are the winning bidder. For telephone bids, a bid is only confirmed as the high bid when a WPBT Auction representative has spoken directly to You. Voicemails are not a confirmation of the high bid. Please make sure You are at the telephone number You provided us, and available to answer the telephone until 11:00 p.m. (or 12 midnight during our Fall Auction) on the night of the Auction in order for WPBT to notify You of Your winning bid. WPBT has the right, not the obligation, to award the winning bid to another bidder if You are unavailable to receive the winning bid phone call confirmatio.

For bidders winning an item with multiple certificates or products (indicated by a number in parentheses), You will have the option of taking all of the multiples by paying Your winning bid price for each one.  For bidders winning by telephone, we will determine your interest in multiples during the initial confirmation phone call.  For bidders winning on the website, we will make best efforts to call you at the telephone number You provided us by 11:00 p.m. (or 12 midnight during our Fall Auction).  If we do not reach you, only one of the multiples will be considered to have been won by your winning bid, and your credit card will be charged for the one winning item.  The remaining multiple items will be awarded to the next highest bidders. 

Once You confirm a bid, You cannot retract it except in exceptional circumstances. Exceptional circumstances are limited to: (1) clear typographical errors, and (2) WPBT materially changing the description of the item after You bid. Exceptional circumstances do not include the User bidding on or winning a bid on another (perhaps a similar) item, not having the money to pay for an item, or changing Your mind.

All goods and services sold through the WPBT Auction Website are strictly non-refundable and non-exchangeable, but may be transferable.

Items not sold will be disposed of in a manner to be determined by WPBT, in its sole discretion.

3. Sole Arbiter.  WPBT is the sole arbiter as to the successful bidders and purchasers, and reserves the right to alter posted quantities, closing times, or to remove from sale or re-offer for sale items that are disputed. WPBT reserves the right to reject any bid at any time for any reason.

4. Eligibility for Participation. Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. You must have the authority to enter into billing arrangements. If You do not qualify, please do not use our services.

You are responsible for all charges associated with connecting to the WPBT website. You are responsible for obtaining all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the WPBT Auction Website.

The following individuals are also not permitted to bid on Auction items. WPBT staff, WPBT volunteers/Board of Directors who have solicited Auction gifts or volunteer during the Auction broadcast, and/or WPBT on-air talent associated with the Auction.

No bidding will be permitted that originates from within the WPBT building.

5. Taxes. You are responsible for paying all applicable taxes. The cash values of items are provided by the donors, and WPBT cannot ensure their accuracy. For travel packages, the price is often based on the “rack rate” which is the “standard non-discounted rate.” 

6. General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding Your use of our service and Your bidding on and purchasing items.

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

8. Breach. WPBT may terminate Your participation and any of Your current bids immediately if You breach the User Agreement, or if we are unable to verify or authenticate any information You provide to us, or believe that any of Your activities may cause legal liability to WPBT.

9. User Information. User information includes any information You provide to us or to other users during the registration, bidding or listing process, in any public message area (including the feedback area) or through any e-mail feature (defined herein as “Your Information”). With respect to Your Information, You agree to provide WPBT with accurate, complete, and updated information required by the registration to the website, including Your legal name, address, telephone number, e-mail address and applicable payment data (credit card number and expiration date). You agree to notify us within 30 days of any changes in the registration-relevant data. Failure to comply with this provision may result in immediate termination of Your eligibility to participate. You are solely responsible for Your Information, and we act as a passive conduit for the online 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 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.

It is WPBT’s policy to occasionally exchange mailing lists containing Your Information with other non-profit, non-political organizations. If You wish Your name NOT to be exchanged, please call 1-800-222-9728 and advise us accordingly. Please see our Privacy Policy available through a link at the bottom of these rules for additional information.

10. Modifications to the User Agreement. WPBT may modify or amend the terms of this User Agreement at any time. WPBT reserves the right to change or add fees or surcharges at any time. Any amendment or modification is effective 30 days after they are initially posted on this site. This User Agreement may not otherwise be amended.
WPBT may terminate or alter the Auction Website at any time. This includes, but is not limited to restricting the time of availability, restricting the amount of use permitted, restricting or terminating any User’s right to use or bid on the WPBT Auction Website, at WPBT’s sole discretion, and without prior notice or liability.

11. Use of WPBT Website. Neither WPBT, its employees, its affiliates, agents, third party information providers, merchants, or the like, warrant that WPBT’s Auction Website will be uninterrupted or error free, nor do they warrant the results which may be obtained from the use of the WPBT Auction Website, or the accuracy, reliability or content of any information, service or merchandise provided through the WPBT Auction Website.

12. Third Party Websites. Content of third-party donor merchant websites is neither published nor reviewed by WPBT or its employees. Endorsement of these external sites is not expressed by, nor should it be inferred from the presence of hyperlinks provided on our domains. You accept that said links are provided herein solely for Your convenience and are followed at Your own risk. You are responsible for reporting any objectionable content to WPBT, who shall review the material in question and remove the corresponding link from our domains if necessary. In the event of discrepancy between product information provided on this site and third-party sites, that published at WPBT domains shall prevail.

13. No Warranty. There is no warranty as to goods or services purchased. We and our suppliers provide the goods and services purchased from the WPBT Auction 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 and our suppliers specifically disclaim the implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to You. This warranty gives You specific legal rights, and You may also have other legal rights that vary from state to state.

No oral advice or written information given by WPBT, its employees, agents, third party information providers, merchants, or the like shall create a warranty, nor shall any User rely on such information or advice.

14. Liability. In no event shall WPBT, its affiliates and/or subsidiaries, our suppliers or any else involved in creating producing or distributing the WPBT Website, 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 User Agreement. This limitation of liability includes, but is not limited to, reliance by User on any information obtained on the WPBT 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 WPBT’s records, programs or services. You hereby acknowledge that this section shall apply to all material, merchandise or services available through any WPBT Website.

Our liability to You or any third parties in any circumstances is limited to the greater of the amount of fees You pay to us in 12 months prior to the action giving rise to liability, and $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to yYou.

15. Choice of Law and Jurisdiction. This User Agreement shall be governed in all respects by the laws of the State of Florida, as such laws are applied to agreements entered into and to be performed entirely within Florida between Florida residents. Both parties submit to the jurisdiction of Florida and further agree that any cause or action arising under this Agreement shall be brought exclusively in a court in Miami-Dade County, Florida.

16. Miscellaneous. WPBT does not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent. Headings are for reference purposes only and in no way define, limit, construe or describe the scope of extent of such section. Our failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

This User Agreement constitutes the entire agreement betweenYou, the User, and WPBT regarding the use of the auction services of WPBT.

17. Disclosures. The services under the terms of this User Agreement are offered by Community Television Foundation of South Florida, Inc. (“WPBT”), a nonprofit organization. We are located at and our mailing address is 14901 NE 20th Avenue, Miami, Florida 33261. During business hours, (Mondays through Fridays between 9am to 5pm) our phone number is 1-800-222-9728.

This document, available on-line for viewing at all times, is the contract between WPBT and You.

To view the Community Television Foundation of South Florida, Inc. (“WPBT”) Online Privacy Policy, please click here.