Wild, Wild eAuction USER AGREEMENT

Special Terms and Conditions

Important: To bid on the Rocky Mountain Public Broadcasting Network, Inc. Auction Items, your registration info must include a Credit Card number. Bids cannot be accepted for the Rocky Mountain Public Broadcasting Network, Inc. Auction items without a valid Credit Card number. This pertains to the Rocky Mountain Public Broadcasting Network, Inc. Auction Items Only.

** The auction items available for bidding online will have their final auctioning/sale completed through the televised portion of the auction process. **

Shipping will be available at an additional cost to the winning bidder, this cost will be included in all item listings. UPS and the USPS are two of the shipping services available, again at an additional cost to the successful bidder.

You are responsible for paying all applicable taxes.

THE FOLLOWING USER AGREEMENT OUTLINES THE TERMS AND
CONDITIONS ON WHICH ROCKY MOUNTAIN PUBLIC BROADCASTING NETWORK, INC. OFFERS THE GOODS AND SERVICES BEING AUCTIONED. BY USE OF THIS SITE, YOU AGREE TO THE TERMS AND CONDITIONS OUTLINED BELOW.

BIDDING:
All bids are subject to acceptance or rejection by Rocky Mountain Public Broadcasting Network, Inc., 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 the User Agreement and may be legally actionable by the Rocky Mountain Public Broadcasting Network, Inc. You assume all the risks associated with bidding via the Wild, Wild Auction Web site. You must provide a valid e-mail address or User ID with your bid, which you obtain through our web site.

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

You, the User, accept and must comply with all the Auction terms, conditions, and requirements delineated on the Rocky Mountain Public Broadcasting Network, Inc. welcome screen. By making a bid, the User accepts all the terms and provisions of this User Agreement and agrees to be bound by the same.

SOLE ARBITER:
Rocky Mountain Public Broadcasting Network, Inc. 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. Rocky Mountain Public Broadcasting Network, Inc. reserves the right to reject any bid at any time for any reason.

All goods or services sold through this Rocky Mountain Public Broadcasting Network, Inc. Auction Web site are strictly NON-REFUNDABLE and NON-EXCHANGEABLE unless otherwise explicitly stated in the individual item descriptions.

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.

User is responsible for all charges associated with connecting to the Rocky Mountain Public Broadcasting Network, Inc. Wild, Wild Auction Web site. You are responsible for obtaining all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Wild, Wild Auction Web site.

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.

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

BREACH:
Rocky Mountain Public Broadcasting Network, Inc. may terminate your participation and any of your current bids immediately if you breach this 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 Rocky Mountain Public Broadcasting Network, Inc.

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 Rocky Mountain Public Broadcasting Network, Inc. with accurate, complete and updated information required by the registration to the Web site, 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 agree that your information shall not be false or inaccurate.

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.

To enable Rocky Mountain Public Broadcasting Network, Inc. to use your information, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights, but no other rights, you have in Your Information, in any media now known or not currently known, with respect to Your Information. Rocky Mountain Public Broadcasting Network, Inc. will not actively submit Your Information to persons or entities outside of Rocky Mountain Public Broadcasting Network, Inc. You may view Rocky Mountain Public Broadcasting Network, Inc. privacy policy here.

MODIFICATIONS TO THE USER AGREEMENT:
Rocky Mountain Public Broadcasting Network, Inc. may modify or amend the terms of this User Agreement at any time. Rocky Mountain Public Broadcasting Network, Inc. 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 Agreement may not otherwise be amended.

Rocky Mountain Public Broadcasting Network, Inc. may terminate or alter the auction Web site 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 the Rocky Mountain Public Broadcasting Network, Inc. Auction Web site, at Rocky Mountain Public Broadcasting Network, Inc.'s sole discretion, and without prior notice or liability.

NEITHER ROCKY MOUNTAIN PUBLIC BROADCASTING NETWORK, INC., ITS EMPLOYEES, ITS AFFILIATES, AGENTS, THIRD PARTY INFORMATION PROVIDERS, MERCHANTS, OR THE LIKE, WARRANT THAT ROCKY MOUNTAIN PUBLIC BROADCASTING NETWORK, INC. AUCTION WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANT AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ROCKY MOUNTAIN PUBLIC BROADCASTING NETWORK, INC. AUCTION WEB SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE ROCKY MOUNTAIN PUBLIC BROADCASTING NETWORK, INC. AUCTION WEB SITE .

NO WARRANTY AS TO GOODS OR SERVICES PURCHASED. ALL COMPLETED TRANSACTIONS ARE FINAL. WE AND OUR DONORS PROVIDE THE GOODS AND SERVICES PURCHASED FROM ROCKY MOUNTAIN PUBLIC BROADCASTING NETWORK, INC. 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 UNLESS MANUFACTURER'S WARRANTIES APPLY. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that very from state to state.

NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ROCKY MOUNTAIN PUBLIC BROADCASTING NETWORK, INC., IT'S 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.

LIMIT OF LIABILITY. IN NO EVENT SHALL ROCKY MOUNTAIN PUBLIC BROADCASTING NETWORK, INC., OUR DONORS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE ROCKY MOUNTAIN PUBLIC BROADCASTING NETWORK, INC. AUCTION WEB SITE, 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 ROCKY MOUNTAIN PUBLIC BROADCASTING NETWORK, INC. AUCTION WEB SITE, 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 ROCKY MOUNTAIN PUBLIC BROADCASTING NETWORK, INC.'S RECORDS, PROGRAMS OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS SECTION SHALL APPLY TO ALL MATERIAL, MERCHANDISE OR SERVICES AVAILABLE THROUGH THE ROCKY MOUNTAIN PUBLIC BROADCASTING NETWORK, INC. AUCTION WEB SITE.

CHOICE OF LAW, ARBITRATION, AND JURISDICTION:
This agreement shall be governed in all respects by the laws of the state of Colorado. Any legal controversy or claim arising out of or related to this User Agreement or the use of the Rocky Mountain Broadcasting Network, Inc. Wild, Wild Auction Web site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not e consolidated with any other claim or controversy. The arbitration shall be conducted in Denver, Colorado by an arbitrator having at least ten (10) years commercial litigation experience. Judgment may be entered in any court having jurisdiction thereof. The User or Rocky Mountain Public Broadcasting Network, Inc. may seek any preliminary relief from a court of competent jurisdiction in Denver, Colorado necessary to protect the rights or property of either the User or Rocky Mountain Public Broadcasting Network, Inc. pending the completion of arbitration.

MISCELLANEOUS:
Rocky Mountain Public Broadcasting Network, Inc. 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. 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 Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

This User Agreement constitutes the entire agreement between the User and Rocky Mountain Public Broadcasting Network, Inc. regarding the use of the auction services of Rocky Mountain Public Broadcasting Network, Inc.

If any term or provision of this User Agreement is held to be invalid or unenforceable, such term or provision shall be struck and the remaining terms and provisions enforced to the fullest extent.

DISCLOSURES:
The services there under are offered by Rocky Mountain Public Broadcasting Network, Inc., a nonprofit organization. We are located at and our mailing address is 1089 Bannock Street, Denver, CO 80204. During business hours, our phone number is 303-892-6666.

This document, available on-line for viewing at all times, is the contract between Rocky Mountain Public Broadcasting Network, Inc., and you, the User.